FRAMEWORK ACT ON ADMINISTRATIVE REGULATION
Act No. 5368, Aug. 22, 1997
Amended by Act No. 5529, Feb. 28, 1998
Act No. 7797, Dec. 29, 2005
Act No. 8852, Feb. 29, 2008
Act No. 9532, Mar. 25, 2009
Act No. 9965, Jan. 25, 2010
Act No. 11690, Mar. 23, 2013
Act No. 11935, Jul. 16, 2013
Act No. 13329, May 18, 2015
Act No. 14184, May 29, 2016
Act No. 15037, Nov. 28, 2017
Act No. 15609, Apr. 17, 2018
Act No. 16322, Apr. 16, 2019
Act No. 16954, Feb. 4, 2020
Act No. 18682, Jan. 4, 2022
Act No. 19213, Jan. 17, 2023
Act No. 19530, Jul. 11, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe basic matters concerning administrative regulation, thereby contributing to the improvement of the quality of life of citizens and the enhancement of national competitiveness in a sustained manner by facilitating self-regulation and creative initiative in social and economic activities through the repeal of unnecessary administrative regulation and the prevention of inefficient administrative regulation.
[This Article Wholly Amended on Jan. 25, 2010]
| (1) | The terms used in this Act shall be defined as follows: |
| 1. | The term "administrative regulation" (hereinafter referred to as "regulation") means restrictions on the rights of citizens (including foreigners subject to the laws of the Republic of Korea) or duties imposed thereon by the State or local governments to accomplish a specific administrative objective, which are prescribed by statutes or regulation, etc., municipal ordinances, or municipal rules; |
| 2. | The term "statutes or regulations, etc." means Acts, Presidential Decrees, Ordinance of the Prime Minister, Ordinance of the Ministries and other public notices, etc. mandated thereunder; |
| 3. | The term "existing regulation" means regulation prescribed based on other statutes as at the time this Act enters into force, and those prescribed according to the procedure specified in this Act after this Act enters into force; |
| 4. | The term "administrative agencies" means agencies that have administrative authority under statutes or regulations, etc., municipal ordinances, or municipal rules, and juristic persons, organizations, institutions or individuals delegated or entrusted with the said authority; |
| 5. | The term "regulatory impact analysis" means to predict and analyze various impacts of regulation on the everyday lives of citizens, as well as on the social, economic, administrative and any other aspects by using objective and scientific means, and thus to establish a standard which serves as the basis for determining the appropriateness of the regulation. |
| (2) | The concrete scope of the regulation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 3 (Scope of Application) |
| (1) | Except otherwise provided in other statutes, administrative regulation shall be governed by this Act. |
| (2) | This Act shall not apply to any of the following: <Amended on May 29, 2016; Nov. 28, 2017; Jan. 4, 2022; Jan. 17, 2023; Jul. 11, 2023> |
| 1. | Affairs executed by the National Assembly, the Courts, the Constitutional Court, the Election Commission, and the Board of Audit and Inspection; |
| 2. | Affairs relevant to criminal matters, criminal administration, and security measures; |
| 2-2. | Matters relevant to imposition and collection of penalty surcharges and administrative fines; |
| 4. | Matters relevant to enrollment, draft, mobilization, and training under the Military Service Act, the Act on Assignment to and Performance of Alternative Service, the United Defense Act, the Reserve Forces Act, the Framework Act on Civil Defense, the Act on Emergency Preparedness, the Framework Act on the Management of Disasters and Safety, and the Disaster Resources Management Act; |
| 5. | Matters relevant to military installations, the protection of military secrets, and the defense industry; |
| 6. | Matters relevant to the items, rates, imposition, and collection of taxes. |
| (3) | Local governments shall take necessary measures for the registration and announcement of regulation prescribed by municipal ordinances and municipal rules, review of establishment or reinforcement of the new and existing regulation, revision of existing regulation, establishment of regulation-review organization, etc., under the purport of this Act. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 4 (Principle of Statutory Regulation) |
| (1) | Regulation shall be based on statutes, and the contents thereof shall be provided in clear and unambiguous language. |
| (2) | Regulation shall be directly provided for by statutes, and the specific details of the regulation may be determined by Presidential Decree, Ordinance of the Prime Minister, Ordinance of the Ministries, or municipal ordinances and municipal rules, as entrusted by statutes or higher statutes or regulation by fixing the specific scope thereof: Provided, That when the statutes or regulation mandate professional, technical or minor matters which need to be mandated due to relevant extenuating circumstances considering the nature of affairs by specifying the scope thereof in detail, regulation may be prescribed by public notice, etc. |
| (3) | No administrative agencies may limit the rights of citizens or impose duties on citizens pursuant to regulation that are not based on statutes. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 5 (Principles of Regulation) |
| (1) | The State or local governments shall respect the freedom and creative initiative of citizens and shall not infringe on the essential purport thereof in establishing regulation. |
| (2) | The State or local governments shall make sure to establish effective regulation in order to protect the lives, human rights, public health, environment, etc. of citizens and ensure the safety of foods and medical goods, in establishing a new regulation. |
| (3) | The scope and means of regulation shall be set forth to ensure the objectivity, transparency and fairness by the most effective means within the minimum extent required to realize the objectives of such regulation. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 5-2 (Principle of Preferential Permission and Ex-Post Regulation) |
| (1) | When the State or a local government stipulates regulation related to the new services or goods utilizing a new technology (hereinafter referred to as “new technology services and goods”) into statutes or regulation, etc., municipal ordinance, or municipal rules, it shall preferentially consider any of the following prescription methods: |
| 1. | A stipulative method of specifically enumerating the rights limited by such regulation or the duties imposed thereby and permitting other matters in principle; |
| 2. | A stipulative method of describing recognition requirements and concepts, etc. for services and goods so as to encompass the new services and goods in line with the future development of new technology; |
| 3. | A stipulative method of flexibly describing classification standards for services and goods so as to encompass the new services and goods in line with the future development of new technology; |
| 4. | Other methods to restrict rights or impose duties, if necessary, with respect to new technology services and goods after putting such new services and goods on the market, instead of restricting rights or imposing duties therebefore. |
| (2) | The State and local government shall, by checking up the regulation related to new technology services and goods, try to find schemes to improve such regulation by any of stipulative methods prescribed in paragraph (1). |
[This Article Newly Inserted on Apr. 16, 2019]
| Article 6 (Registration and Announcement of Regulations) |
| (1) | The head of a central administrative agency shall register the name, content, legal basis, administering agency, etc. of regulation under his or her jurisdiction with the Regulatory Reform Committee (hereinafter referred to as the "Committee") under Article 23. |
| (2) | The Committee shall prepare and announce lists of regulatory affairs registered under paragraph (1), and submit it to the National Assembly by the end of June each year. |
| (3) | If the Committee finds regulation that is not registered upon conducting an ex officio investigation, it shall require without delay the head of the relevant central administrative agency to register the regulation with the Committee, or to submit a revision plan of statutes or regulation which is intended to abolish the regulation in question, and the head of the relevant central administrative agency shall comply therewith unless there is a compelling reason not to do so. |
| (4) | Necessary matters for the methods, procedures, etc. of registration and announcement under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 25, 2010]
CHAPTER II PRINCIPLES AND EXAMINATION OF ESTABLISHMENT AND REINFORCEMENT OF REGULATIONS
| Article 7 (Regulatory Impact Analysis and Independent Examination) |
| (1) | When the head of a central administrative agency intends to establish new regulation or reinforce existing regulation (including the extension of the effective period of regulation; hereinafter the same shall apply), he or she shall conduct a regulatory impact analysis taking account of the following matters comprehensively, and prepare a regulatory impact analysis report: <Amended on May 18, 2015; Jul. 11, 2023> |
| 1. | Necessity of establishing new regulation or reinforcing existing regulation; |
| 2. | Feasibility of the objectives of regulation; |
| 3. | Existence of alternative means to regulation, or possible overlapping of existing regulation; |
| 4. | Comparative analysis on costs and benefit which are to be borne by or enjoyed by the citizens and groups subject to regulation following the implementation of regulation; |
| 7. | Whether competition-restricting factors are included; |
| 8. | Objectivity and clarity of regulation; |
| 9. | Grounds for setting, or not setting, the effective period or re-examination period for regulation (referring to the period applicable only to regulation deemed to require such measures as abolishment or relaxation according to the findings of inspection of the implementation status of the regulation conducted at certain intervals; hereinafter the same shall apply); |
| 10. | Administrative organization, human resources, and required budget following the establishment or reinforcement of regulation; |
| 11. | Existing regulation required to be abolished or relaxed to reduce the burden associated with the establishment or reinforcement of regulation; |
| 12. | Whether documents required for relevant civil affairs, procedures for handling thereof, and other similar matters are appropriate. |
| (2) | The head of a central administrative agency shall announce to the public the regulatory impact analysis report under paragraph (1) during the period of pre-announcement of legislations, supplement the regulatory impact analysis report after reviewing the submitted opinions, and notify the persons who have submitted their opinions of the results of handling the submitted opinions. |
| (3) | The head of a central administrative agency shall determine the subject, scope, method, etc. of regulation based on the findings of the regulatory impact analysis under paragraph (1), have them undergo deliberation by an independent regulation examination committee and conduct an independent examination of the propriety thereof. In such cases, opinions of the relevant experts, etc. shall be fully reflected in such examination. <Amended on Jul. 11, 2023> |
| (4) | Necessary matters for the methods and procedures of a regulatory impact analysis, and the guidelines for the preparation of a regulatory impact analysis report, methods of announcement thereof, the composition of an independent regulation examination committee, standards and procedures for independent examination, and other similar matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 8 (Stipulation of Effective Period and Re-Examination Period of Regulations) |
| (1) | When the head of a central administrative agency intends to establish new regulation or reinforce existing regulation, he or she shall stipulate in the relevant statutes or regulation, etc. the effective period or re-examination period of regulation which have no evident grounds to remain in force. <Amended on Jul. 16, 2013; Jul. 11, 2023> |
| (2) | The effective period or re-examination period for which the regulation remain in force shall be set as no longer than what is required to achieve the objectives of the regulation, and the period shall not exceed five years in principle. <Amended on Jul. 16, 2013> |
| (3) | The head of a central administrative agency shall request an examination to the Committee under Article 10 by six months prior to the expiration of the effective period or re-examination period of the regulation, if deemed necessary for extending the effective period or re-examination period thereof. <Amended on Jul. 16, 2013> |
| (4) | The Committee may, if deemed necessary for making an examination under Articles 12 and 13, recommend the head of a central administrative agency to set the effective period or re-examination period of the regulation in question. <Amended on Jul. 16, 2013> |
| (5) | When the head of a central administrative agency deems it necessary to extend the effective period or re-examination period of regulation provided in statutes, he or she shall submit, to the National Assembly, a draft amendment to the effect that the effective period or re-examination period of the regulation needs to be extended by three months prior to the expiration of the effective period or re-examination period of regulation in question. <Amended on Jul. 16, 2013> |
[This Article Wholly Amended on Jan. 25, 2010]
[Title Amended on Jul. 16, 2013]
| Article 8-2 (Re-Examination of Regulation) |
| (1) | Where the period for re-examination of regulation arrives, the head of a central administrative agency shall re-examine regulation by means of inspecting the implementation status of the relevant regulation following deliberation by the independent regulation examination committee prescribed in Article 7 (4) and shall take necessary measures, such as abolishing or relaxing regulation, based on the findings thereof. |
| (2) | The head of a central administrative agency shall prepare, preserve, and publish a report on the findings of the re-examination under paragraph (1) and shall reflect them in the next re-examination. |
| (3) | Matters necessary for the procedures for re-examining regulation, preparation, preservation, publication, etc. of a report on the findings thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 11, 2023]
[Previous Article 8-2 moved to Article 8-3 <Jul. 11, 2023>]
| Article 8-3 (Equity in Regulations on Micro Enterprises) |
| (1) | Where the head of a central administrative agency intends to newly establish and reinforce regulation, he or she shall review measures to fully or partially exempt the relevant regulation or suspend the relevant regulation for a specific period, if he or she determines that the regulation are inappropriate or likely to place an excessive burden when he or she applies the regulation to micro enterprises falling under Article 2 of the Framework Act on Micro Enterprises and small enterprises falling under Article 2 (2) of the Framework Act on Small and Medium Enterprises. <Amended on Feb. 4, 2020> |
| (2) | Where the head of a central administrative agency determines that it is inappropriate to apply paragraph (1), he/she shall present the grounds for such determination when requesting the Committee to examine pursuant to Article 10 (1). |
[This Article Newly Inserted on Apr. 17, 2018]
[Moved from Article 8-2 <Jul. 11, 2023>]
| Article 9 (Hearing Public Opinions) |
If the head of a central administrative agency intends to establish new regulation or reinforce existing regulation, he or she shall sufficiently hear the opinions of administrative agencies, civic groups, interested parties, research institutes, experts, etc. by such means as public hearings, pre-announcement of legislations, etc.
[This Article Wholly Amended on Jan. 25, 2010]
| Article 10 (Request for Examinations) |
| (1) | The head of a central administrative agency shall request for an examination to the Committee if he or she intends to establish new regulation or reinforce existing regulation. In cases of a legislative bill, the request for an examination shall be made prior to filing a request for an examination of the legislative bill with the Minister of Government Legislation. |
| (2) | When the head of a central administrative agency requests an examination under paragraph (1), he or she shall submit to the Committee a draft of the regulation, along with the following matters: |
| 1. | A regulatory impact analysis report under Article 7 (1); |
| 2. | Opinion from an independent examination under Article 7 (3); |
| 3. | Summary of opinions submitted by administrative agencies, interested parties, etc. under Article 9. |
| (3) | When the Committee is requested for the examination of regulation under paragraph (1), it may request a submission of revision plans for regulation subject to the relevant statute or regulation. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 11 (Preliminary Examinations) |
| (1) | The Committee shall determine whether regulation in question require review (hereinafter referred to as "important regulation") stipulated in Article 12 within 10 days from the date on which it is requested for an examination under Article 10, in consideration of the ripple effects by regulation in question on the daily lives and socio-economic activities of citizens. |
| (2) | Regulations determined as unimportant by the Committee under paragraph (1) shall be deemed to have undergone the examinations of the Committee. |
| (3) | The Committee shall notify the head of the relevant central administrative agency, without delay, of the result of a decision made under paragraph (1). |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 12 (Examinations) |
| (1) | The Committee shall complete an examination of regulation which are determined as important regulation under Article 11 (1) within 45 days from the date on which a request for examination is made: Provided, That if an extension of the examination period is essential, the Committee may extend it only once within the scope not exceeding 15 days. |
| (2) | The Committee shall review whether the relevant central administrative agency’s independent review has been conducted in a reasonable manner according to the appropriate procedures, based on reliable data and sources. |
| (3) | The Committee may demand that the head of the relevant central administrative agency provide supplementary documents to those appended pursuant to the subparagraphs of Article 10 (2), if such supplementary data is required. In such cases, the period taken for the supplementation shall not be included in the examination period under paragraph (1). |
| (4) | When the Committee completes the examination under paragraph (1), it shall notify, without delay, the head of the relevant central administrative agency of its findings. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 13 (Examinations of Establishment or Reinforcement of Urgent Regulations) |
| (1) | The head of a central administrative agency may request for an examination to the Committee without following the procedures specified in Articles 7, 8 (3), 9 and 10, if special grounds exist for immediate establishment or reinforcement of regulation. In such cases, the grounds therefor shall be stated clearly. |
| (2) | If the Committee determines that the regulation requested for the examination under paragraph (1) is deemed urgent, it shall review as to whether the establishment or reinforcement of the regulation is reasonable within 20 days from the date on which the request for an examination is made, and notify the head of the relevant central administrative agency of its findings. In such cases, the head of the relevant central administrative agency shall submit, within 60 days from the date on which he or she is notified of the Committee's review results, the regulatory impact analysis report to the Committee. |
| (3) | The Committee may, if it determines that the regulation requested to be examined under paragraph (1) are deemed not urgent, within 10 days from the date on which it receives a request for an examination, demand that the head of the relevant central administrative agency follow the procedures provided in Articles 7 through 10. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 14 (Recommendation of Improvement) |
| (1) | The Committee may recommend to the head of the relevant central administrative agency the withdrawal or improvement of new or reinforced regulation, if deemed necessary based on the findings of the examination under Articles 12 and 13. |
| (2) | The head of the relevant central administrative agency in receipt of a recommendation under paragraph (1) shall comply therewith, unless any special grounds exist to the contrary, and shall submit the result of the procedure to the Committee, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 15 (Re-Examinations) |
| (1) | The head of a central administrative agency may request the Committee to conduct re-examination, as prescribed by Presidential Decree, if he/she has objections to the findings of the examination by the Committee, or has special circumstances deemed difficult for him/her to take a measure as recommended by the Committee. |
| (2) | When the Committee is requested for the re-examination under paragraph (1), it shall complete the re-examination within 15 days from the date on which such request is made, and notify the head of the relevant central administrative agency of its findings. |
| (3) | Article 14 shall apply mutatis mutandis to the re-examination under paragraph (2). |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 16 (Compliance with Examination Procedures) |
| (1) | The head of a central administrative agency shall not establish new regulation or reinforce existing regulation without undergoing the examination by the Committee. |
| (2) | When requesting for the examination of a legislative bill which includes regulation to be established or reinforced to the Minister of Government Legislation, the head of a central administrative agency shall include an examination opinion of the Committee on the regulation in question to the Minister of Government Legislation. The same shall apply to cases of presenting a legislative bill to the State Council. |
[This Article Wholly Amended on Jan. 25, 2010]
CHAPTER III REVISION OF EXISTING REGULATION
| Article 17 (Request for Revision of Regulation) |
| (1) | Any person may request the Committee to abolish or improve (hereinafter referred to as "revision") existing regulation, by means of a public notice, etc. |
| (2) | The Committee in receipt of request for revision pursuant to paragraph (1) shall notify, without delay, the head of the administrative agency having jurisdiction over the relevant regulation of such request; and the administrative agency in receipt of such request shall faithfully reply to such request in the real name of the person in charge. |
| (3) | Where necessary with respect to a reply falling under paragraph (2), the Committee may request the head of the relevant administrative agency to explain the necessity for the retention of the relevant regulation. |
| (4) | The head of the relevant administrative agency in receipt of request to explain pursuant to paragraph (3) shall comply with such request unless there is a compelling reason not to do so. |
| (5) | Matters necessary for requesting the revision of existing regulation, deadlines and procedures for replies and explanations falling under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 17, 2018]
| Article 17-2 (Presentation of Opinions on Regulation Falling under Jurisdiction of Other Administrative Agency) |
Where the head of a central administrative agency determines that it is necessary to improve regulation falling under the jurisdiction of other central administrative agency in order to effectively achieve the purpose of improving regulation or of a policy falling under the jurisdiction of the central administrative agency, he or she may present his or her opinion on such necessity.
[This Article Newly Inserted on Apr. 17, 2018]
| Article 18 (Examinations of Existing Regulations) |
| (1) | The Committee may examine the revision of existing regulation in any of the following cases: <Amended on Dec. 29, 2005; Jan. 25, 2010; Apr. 17, 2018> |
| 1. | Where the Committee has acknowledged the need to examine a request for revision under Article 17 and opinions presented under Article 17-2; |
| 2. | Deleted; <Mar. 25, 2009> |
| 3. | Where the Committee has acknowledged the necessity for an examination of specific existing regulation after gathering the opinions of interested parties, experts, etc. |
| (2) | Articles 14 and 15 shall be applicable mutatis mutandis to examinations falling under paragraph (1). <Amended on Jan. 25, 2010> |
[Title Amended on Jan. 25, 2010]
| Article 19 (Independent Revision of Existing Regulations) |
| (1) | The head of a central administrative agency shall annually select regulation under his or her jurisdiction which require revision and revise them, after gathering the opinions of interested parties, experts, etc. on those existing regulation. |
| (2) | The head of a central administrative agency shall submit the results of the revision under paragraph (1) to the Committee, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 19-2 (Stipulation of Effective Period and Review Period of Existing Regulations) |
| (1) | The head of a central administrative agency shall stipulate in the relevant statutes or regulation, etc. the effective period or re-examination period of regulation proved to have no evident grounds to remain in force after an examination on the existing regulation. |
| (2) | Regarding the stipulation of the effective period or re-examination period of the existing regulation pursuant to paragraph (1), Article 8 (2) through (5) shall be applied mutatis mutandis. |
[This Article Newly Inserted on Jul. 16, 2013]
| Article 19-3 (Improvements of Regulations Related to New Technology Services and Goods and Special Treatment Thereof) |
| (1) | Where, with respect to new technology services and goods, a citizen requests the confirmation of whether such regulation apply or exist, the head of a central administrative agency shall, without delay, confirm such matter and notify that citizen of the result of the confirmation, pursuant to the relevant statutes granting special regulatory treatment to new technology services and goods. |
| (2) | Where regulation related to new technology services and goods impedes the promotion of new technology services and goods and falls under any of the following subparagraphs, the head of a central administrative agency shall promptly revise the relevant regulation: |
| 1. | Where it is difficult or inappropriate to apply existing regulation to the relevant new technology services; |
| 2. | Where the relevant new technology services are not definitely prescribed. |
| (3) | Where regulation are required to be revised pursuant to paragraph (2) and where it is deemed necessary, the head of a central administrative agency may exempt or relax the application of such regulation pursuant to the relevant statutes granting special regulatory treatment to new technology services and goods which are prescribed by Presidential Decree (hereinafter referred to as "statutes relating to special regulatory treatment"), even before such regulation are revised. <Amended on Jul. 11, 2023> |
| (4) | Where the head of a central administrative agency inserts provisions for exempting or relaxing the application of regulation in the statutes relating to special regulatory treatment, he or she shall comprehensively consider the following matters: <Amended on Jul. 11, 2023> |
| 1. | Whether such provision impairs the safety, life, and health of citizens or impedes the balanced regional development and whether the personal information is safely protected and processed; |
| 2. | Innovation and safety of the relevant new technology services and goods, and their accompanying convenience to the users; |
| 3. | Schemes to secure ex-post responsibility for by-effects which would occur due to the exemption or relaxation of the application of such regulation. |
| (5) | Where the head of a central administrative agency in receipt of an application by a person who intends to be granted special regulatory treatment for new technology services and goods (hereinafter referred to as "institution in charge of special regulatory treatment") intends to give special regulatory treatment under paragraph (3) after deliberation and resolution by a committee established under the statutes relating to special regulatory treatment for purposes of deliberation and resolution of matters regarding special regulatory treatment for new technology services and goods (hereinafter referred to as "special regulatory treatment committee"), he or she shall submit the application to the special regulatory treatment committee within the period prescribed by Presidential Decree. <Newly Inserted on Jul. 11, 2023> |
| (6) | Where special regulatory treatment referred to in paragraph (3) is rejected by the special regulatory treatment committee, the person who has filed an application therefor may apply for re-deliberation to the head of the agency in charge of special regulatory treatment, as prescribed by Presidential Decree. <Newly Inserted on Jul. 11, 2023> |
| (7) | A person granted special regulatory treatment for new technology services and goods may file an application for change of the details, conditions, etc. of such special regulatory treatment with the head of the institution in charge of special regulatory treatment if there is good cause, such as changes in circumstances. <Newly Inserted on Jul. 11, 2023> |
| (8) | The head of a central administrative agency in charge of statutes and regulation governing special regulatory treatment for new technology services and goods shall notify a person granted special regulatory treatment and the head of the institution in charge of special regulatory treatment of whether the statutes or regulation governing special regulatory treatment have been revised, the grounds therefor, revision plans, and other matters, as prescribed by Presidential Decree. <Newly Inserted on Jul. 11, 2023> |
| (9) | Other matters necessary for the operation of a special regulatory treatment system for new technology services and goods, such as revising relevant statutes or regulation, shall be prescribed by Presidential Decree. <Newly Inserted on Jul. 11, 2023> |
[This Article Newly Inserted on Apr. 16, 2019]
| Article 19-4 (Formulation and Implementation of Master Plan for Regulatory Revision on New Industry) |
| (1) | The Committee shall formulate and implement a master plan concerning regulatory revision in the field of new industry every three years to promote and encourage new industry. |
| (2) | A master plan under paragraph (1) shall contain the following matters: |
| 1. | Goals and basic directions of regulatory revision in the field of new industry; |
| 2. | Matters concerning improvement of regulation to promote the field of new industry; |
| 3. | Matters concerning conversion of regulation in the field of new industry into the style of preferential permission and ex-post regulation; |
| 4. | Matters concerning business and policy cooperation among the relevant central administrative agencies with respect to the regulatory revision in the field of new industry; |
| 5. | Other matters necessary for the regulatory revision in the field of new industry. |
| (3) | When a master plan under paragraph (1) is formulated, the Committee shall notify it to the head of the relevant central administrative agency without delay. |
| (4) | The head of the relevant central administrative agency shall reflect an annual implementation plan in a plan for regulatory revision under Article 20 according to the master plan under paragraph (1). |
[This Article Newly Inserted on Apr. 16, 2019]
| Article 20 (Establishment of Comprehensive Plan for Regulatory Revision) |
| (1) | The Committee shall select the field of regulation or specific regulation in force requiring priority revision each year, prepare the revision guidelines of existing regulation, and notify the head of a central administrative agency thereof, following the resolution of the Committee. In such cases, the Committee may, if deemed necessary, set a deadline for the revision of specific existing regulation in force in the revision guidelines. |
| (2) | The head of a central administrative agency shall establish a plan for regulatory revision under his or her jurisdiction according to the revision guidelines under paragraph (1) and submit it to the Committee. |
| (3) | The Committee shall establish a comprehensive plan for regulatory revision of the Government by integrating plans for regulatory revision of each central administrative agency under paragraph (2), and shall announce the details thereof after reporting to the President upon deliberation by the State Council. |
| (4) | The method and procedure for establishing and announcing the comprehensive plan for regulatory revision shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 21 (Implementation of Comprehensive Plan for Regulatory Revision) |
| (1) | The head of a central administrative agency shall revise regulation in force under his or her jurisdiction according to the Government's comprehensive plan for regulatory revision established and announced under Article 20, and shall submit the results to the Committee, as prescribed by Presidential Decree. |
| (2) | The head of a central administrative agency shall complete the revision of the existing regulation having deadlines determined and notified by the Committee pursuant to the latter part of Article 20 (1) by such deadline, and shall notify the Committee of the results: Provided, That if the head of the central administrative agency fails to complete the revision by the deadline set by the Committee, he or she shall submit to the Committee without delay, the revision plan of the existing regulation specifically stating the grounds therefor, and shall notify the Committee of the results after completing the revision thereof. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 22 (Organizational Restructuring) |
| (1) | The Committee shall notify the heads of the central administrative agencies that take charge of governmental organizations and budgets when the revision of existing regulation is complete. |
| (2) | The head of the relevant central administrative agency, in receipt of the notification under paragraph (1), shall devise a plan for the rationalization of the governmental organizations or the budget in accordance with the revision of existing regulation. |
[This Article Wholly Amended on Jan. 25, 2010]
CHAPTER IV REGULATORY REFORM COMMITTEE
| Article 23 (Establishment) |
A Regulatory Reform Committee shall be established under the jurisdiction of the President to deliberate upon and coordinate the Government's regulation policies as well as to comprehensively carry out matters concerning the examination, revision, etc. of regulation.
[This Article Wholly Amended on Jan. 25, 2010]
| (1) | The Committee shall deliberate and coordinate each of the following: <Amended by Apr. 16, 2019> |
| 1. | Matters concerning the basic direction-setting for policies for regulation and research and development of regulatory systems; |
| 2. | Matters concerning examination of new establishment and reinforcement, etc. of regulation; |
| 3. | Matters concerning the examination of existing regulation, and the formulation and implementation of master plans for regulatory revision on new industry and comprehensive plans for regulatory revision; |
| 4. | Matters concerning the registration and announcement of regulation; |
| 5. | Matters concerning the collection and treatment of opinions on regulatory improvement; |
| 6. | Matters concerning the examination and evaluation of the current status on regulatory improvement by administrative agencies of various levels; |
| 7. | Other matters deemed necessary by the chairperson of the Committee for deliberation and coordination of the Committee. |
| (2) | The Committee may present its opinions or, if necessary, make recommendations to the special regulatory treatment committee. In such cases, the special regulatory treatment committee in receipt of a recommendation shall submit the results of handling the recommendation to the Committee. <Newly Inserted on Apr. 16, 2019; Jul. 11, 2023> |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 25 (Composition, etc.) |
| (1) | The Committee shall be comprised of not less than 20, but not more than 25 members, including two chairpersons of the Committee. |
| (2) | The Prime Minster and the person commissioned by the President, from among those who have extensive knowledge and experience, shall be the chairpersons of the Committee. |
| (3) | The members of the Committee shall be those commissioned by the President, from among those who have extensive knowledge and experience, and public officials prescribed by Presidential Decree. In such cases, members who are not public officials shall comprise a majority of the total members of the Committee. |
| (4) | The Committee shall have an executive secretary who is appointed by the chairperson who is not the Prime Minister, from among members who are not public officials. |
| (5) | The term of office of members who are not public officials shall be two years, and they may be reappointed only once. |
| (6) | If both chairpersons of the Committee are unable to perform their duties due to unavoidable circumstances, the member designated by the Prime Minister shall act on behalf of the chairpersons. |
[This Article Wholly Amended on Jan. 25, 2010]
A majority of the members of the Committee shall constitute a quorum and any resolution thereof shall require the concurring vote of a majority of those present. <Amended on Jul. 11, 2023>
[This Article Wholly Amended on Jan. 25, 2010]
| Article 26-2 (Preparation and Disclosure of Minutes) |
| (1) | The Committee shall prepare and keep minutes recording the date, time, venue, attendees, agenda, discussed particulars, and resolved matters of a meeting. |
| (2) | Minutes shall be disclosed: Provided, That minutes need not be disclosed by a resolution passed by the Committee, where deemed necessary by the Chairperson of the Committee, due to protection of public interests or any other grounds. |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 27 (Guarantee of Status as Members) |
No member shall be subject to dismissal or removal from his/her office against his/her own will, except any case under the following subparagraphs:
| 1. | Where he/she is sentenced to imprisonment without labor or heavier punishment; |
| 2. | Where he/she is unable to carry out his/her duties due to long-term mental or physical breakdown. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 28 (Subcommittees) |
| (1) | Subcommittees for each field may be established under the Committee for the efficient management of its affairs. |
| (2) | That which has been deliberated upon and resolved by a subcommittee concerning matters delegated to the subcommittees by the Committee shall be deemed to have been deliberated upon and resolved by the Committee. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 29 (Expert Members, etc. of Committee) |
The Committee may have expert members and researchers who take charge of professional investigation and research concerning its affairs.
[This Article Wholly Amended on Jan. 25, 2010]
| Article 30 (Investigation, Hearing of Opinion, etc.) |
| (1) | The Committee may take any of the following measures, if deemed necessary for carrying out its functions under Article 24: |
| 1. | Request for the explanation or presentation of data or documentation to the relevant administrative agency; |
| 2. | Request for the attendance and statements of opinion by interested parties, reference persons, or public officials concerned; |
| 3. | On-site investigation of relevant administrative agencies, etc. |
| (2) | The head of a relevant administrative agency may require public officials under his or her control or relevant experts to attend the Committee and to state their opinions or submit necessary data, in respect of the examination, etc. of regulation. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 31 (Dealing with Affairs, etc. of Committee) |
| (1) | A specialized secretariat shall be established under the Committee to deal with the Committee’s affairs. |
| (2) | The Committee may designate a specialized research institution to support its specialized examination tasks. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 32 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
Members, expert members, and researchers who are not public officials, among the members of the Committee, shall be deemed public officials in the application of penalty provisions under the Criminal Act and other statutes. [This Article Wholly Amended on Jan. 25, 2010]
| Article 33 (Organization and Management) |
Except as otherwise in this Act, necessary matters for the organization, management, etc. of the Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 25, 2010]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 34 (Inspection and Evaluation of Regulatory Improvement) |
| (1) | The Committee shall verify and inspect the improvement and actual operational conditions of regulation of each administrative agency for the effective regulatory improvement. |
| (2) | The Committee shall evaluate the findings of the verification and inspection under paragraph (1) and report thereon to the President and the State Council. |
| (3) | The Committee may request relevant specialized institutions, etc. to conduct research on systems, groundwork research, or public opinion surveys for objectively carrying out the verification, inspection, and evaluation under paragraphs (1) and (2). <Amended on Jul. 11, 2023> |
| (4) | If the Committee deems that regulatory improvement has been passive or not implemented appropriately as a result of its verification, inspection, and evaluation under paragraphs (1) and (2), it may suggest the necessary measures for the improvement thereof to the President. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 35 (White Paper on Regulatory Reform) |
The Committee shall annually publish and announce a white paper regarding the status of major governmental regulatory reform issues to citizens.
[This Article Wholly Amended on Jan. 25, 2010]
| Article 36 (Administrative Support, etc.) |
The Minister of the Office for Government Policy Coordination shall study regulation-related systems and provide the necessary support for the management of the Committee. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jan. 25, 2010]
| Article 37 (Responsibilities of Public Officials) |
| (1) | Public officials shall not be subject to any unfavorable disposition or unfair treatment for the consequences of regulatory improvement affairs which they have actively conducted without intention or gross negligence. |
| (2) | The head of a central administrative agency shall award a prize or grant preferential treatment in personnel management to public officials who have made distinguished contributions to the promotion of regulatory improvement. |
[This Article Wholly Amended on Jan. 25, 2010]
ADDENDA <Act No. 5368, Aug. 22, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on the date determined by Presidential Decree within one-year period after the date of its promulgation.
Article 2 (Repeal of other Acts)
Article 3 (Special Case for Independent Improvement of Existing Regulations as at Time This Act Enters into Force)
| (1) | The head of a central administrative agency shall draw up and implement a year-by-year plan for improvement of all regulation under his or her jurisdiction as at the time this Act enters into force by December 31 of the fifth year from the time this Act enters into force, as prescribed by Presidential Decree, and this shall take the place of independent improvement of existing regulation under Article 19. |
| (2) | The head of a central administrative agency shall submit a year-by-year improvement plan and the results of implementation to the Committee under paragraph (1), as prescribed by Presidential Decree. |
Article 4 (Re-examination of Directives and Public Notices)
| (1) | The head of a central administrative agency or the head of a local government shall re-examine within one year after this Act enters into force the regulation provided for in the directives, establishment rules, guidelines, and public notices that are being implemented to determine whether they are based on statutes or regulation, municipal ordinances or municipal rules, under Article 4. |
| (2) | After re-examination under paragraph (1), the head of a central administrative agency or the head of a local government shall promptly abolish or prescribe the basis in relevant statutes or regulations, municipal ordinances or municipal rules for regulations provided in directives, established rules, guidelines, or public notices that are not based on statutes or regulations, municipal ordinances or municipal rules under Article 4. |
Article 5 Omitted.
ADDENDA <Act No. 5529, Feb. 28, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 7797, Dec. 29, 2005>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9532, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 9965, Jan. 25, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11935, Jul. 16, 2013>
This Act shall enter into force one month after the date of its promulgation.
ADDENDUM <Act No. 13329, May 18, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14184, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 15037, Nov. 28, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 15609, Apr. 17, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16322, Apr. 16, 2019>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16954, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 18682, Jan. 4, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 19213, Jan. 17, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 19530, Jul. 11, 2023>
Article 1 (Enforcement Decree)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Regulation Impact Analysis and Independent Examination)
The amended provisions of Article 7 shall begin to apply to regulatory impact analysis conducted after this Act enters into force. Article 3 (Applicability to Re-examination of Regulation)
The amended provisions of Article 8-2 shall begin to apply to a case where the deadline for the re-examination of regulation is due after this Act enters into force.