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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON ADMINISTRATIVE REGULATIONS

Presidential Decree No. 15681, Feb. 24, 1998

Amended by Presidential Decree No. 19436, Mar. 31, 2006

Presidential Decree No. 19513, jun. 12, 2006

Presidential Decree No. 20724, Feb. 29, 2008

Presidential Decree No. 24429, Mar. 23, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 27498, Sep. 13, 2016

Presidential Decree No. 28039, May 8, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28677, Feb. 20, 2018

Presidential Decree No. 29237, Oct. 16, 2018

Presidential Decree No. 34121, Jan. 9, 2024

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Framework Act on Administrative Regulations (hereinafter referred to as the "Act") and matters necessary for the enforcement thereof.
 Article 2 (Scope of Administrative Regulations)
(1) The concrete scope of the administrative regulations under Article 2 (2) of the Act (hereinafter referred to as "regulations") shall be as provided for in relevant statutes and regulations, or relevant municipal ordinances and rules governing matters falling under any of the following: <Amended by Presidential Decree No. 28677, Feb. 20, 2018>
1. Administrative disposition taken by an administrative agency at the request of citizens based on the prescribed requirements and criteria including permission, authorization, patent, license, approval, designation, recognition, test, examination, verification, confirmation, certification, etc. or matters similar thereto;
2. Administrative disposition taken by or matters concerning supervision of an administrative agency to guarantee the fulfillment of administrative obligations including revocation of permission, suspension of business, cancellation of registration, corrective order, confirmation, investigation, control, etc.;
3. Matters imposing a certain obligation of act or omission relating to obligations of employment, declaration, registration, report and supply, prohibition of investment and title lending, or others related to business;
4. Other administrative actions (including factual acts) limiting the right of or imposing obligation on the citizens.
(2) "Public notice, etc." in Article 2 (1) 2 of the Act and the proviso of Article 4 (2) of the Act means directives, established rules, public notices, and public announcements.
 Article 3 Deleted. <by Presidential Decree No. 19436, Mar. 31, 2006>
 Article 4 (Scope of Administrative Regulations)
(1) Where the head of a central administrative agency establishes new regulations, or amends or repeals regulations registered, he or she shall register with the Regulatory Reform Committee under Article 6 (1) of the Act (hereinafter referred to as "Committee") within 30 days after statutes, regulations, etc., related to the relevant regulations are promulgated or issued. <Amended by Presidential Decree No. 28677, Feb. 20, 2018>
(2) Where the head of a central administrative agency registers the regulations with the Committee under paragraph (1), he or she shall specify any of the following: <Amended by Presidential Decree No. 28677, Feb. 20, 2018>
1. The name of the regulations;
2. The legal basis and content of the regulations;
3. The administrative agency handling the regulations;
4. The content of subordinate statutes and regulations related to enforcement of the regulations;
5. Promulgation or issuance date of statutes, regulations, etc., prescribing the regulations and enforcement date thereof;
6. The effective period of the regulations;
7. Other matters the Committee determines necessary for registration of the regulations.
(3) The Committee shall determine the details necessary for registration of the regulations under paragraphs (1) and (2) including registration unit or form and notify to the head of a central administrative agency thereof. The same shall apply when the Committee amends such details. <Amended by Presidential Decree No. 28677, Feb. 20, 2018>
(4) Where the Committee requires the head of a central administrative agency to register the regulations which have yet to be registered, or to submit a revision plan of statutes, regulations, etc., it shall take necessary measures within 30 days after the date the request is made. <Amended by Presidential Decree No. 28677, Feb. 20, 2018>
 Article 5 (Announcement of Regulatory Affairs List)
The Committee shall inform the citizens of a regulatory affairs list by central administrative agency or the amended details thereof by posting them in the Official Gazette or on the website. <Amended by Presidential Decree No. 19436, Mar. 31, 2006>
 Article 5 (Announcement of Regulatory Affairs List)
 Article 6 (Evaluation Factors of Regulatory Impact Analysis)
(1) Deleted. <by Presidential Decree No. 19436. Mar. 31, 2006>
(2) Where the head of a central administrative agency conducts a regulatory impact analysis, he or she shall use quantitative data as much as possible: Provided, That if the data is not quantifiable, qualitatively descriptive methods may be used.
(3) The head of a central administrative agency shall announce a regulatory impact analysis report prepared under Article 7 (1) of the Act during the pre-announcement period of legislation by means of posting the report on the website or by other means. <Newly Inserted by Presidential Decree No. 19436, Mar. 31, 2006>
(4) The Committee shall formulate the guideline for preparation of a regulatory impact analysis report under Article 7 (1) of the Act and notify the head of a central administrative agency thereof. The same shall apply to the amendments thereto. <Amended by Presidential Decree No. 19436, Mar. 31, 2006>
(5) The head of a central administrative agency shall prepare a regulatory impact analysis report in accordance with the guideline for preparation of a regulatory impact analysis report under paragraph (4). In such cases, personal information of a director general, and director, or public official whose position is corresponding thereto and who are engaged in preparing the regulatory impact analysis report shall be included in such report. <Amended by Presidential Decree No. 19436, Mar. 31, 2006>
 Article 6-2 (Organization and Operation of Independent Regulation Examination Committee)
(1) An independent regulation examination committee under Article 7 (3) of the Act (hereinafter referred to as "examination committee") shall deliberate on the following matters:
1. Matters concerning the appropriateness of the subject, scope, method, etc. of regulation on under Article 7 (3) of the Act;
2. Matters concerning re-examination of regulation under Article 8-2 of the Act;
3. Matters concerning independent reorganization of existing regulations and formulation and implementation of regulation reorganization plans;
4. Other matters deemed necessary by the chairperson of the examination committee.
(2) The examination committee shall be comprised of at least ten members, including the chairperson.
(3) The chairperson of the examination committee shall be appointed by the head of the relevant central administrative agency from among members who are not public officials (hereinafter referred to as "civilian members"): Provided, That if necessary, the head of the central administrative agency may appoint a member who is a public official as a joint chairperson.
(4) Members of the examination committee shall be commissioned or appointed by the head of a central administrative agency from among persons with abundant knowledge and experience in the fields related to regulations or public officials under his or her jurisdiction related to affairs subject to regulations. In such cases, civilian members shall constitute a majority of all members of the examination committee.
(5) The term of office of a civilian member shall be two years and may be reappointed only once.
(6) Where a civilian member falls under any of the following cases, the head of a central administrative agency may dismiss the relevant member:
1. Where the member becomes unable to perform his or her duties due to mental or physical illness;
2. Where the member is involved in an illegal act in connection with his or her duties;
3. Where the member is deemed unsuitable as a member due to neglect of duties, injury to dignity, or other reasons;
4. Where the member voluntarily declares that he or she is unable to perform duties.
(7) Except as provided in paragraphs (1) through (6), matters necessary for the composition, operation, etc. of the examination committee shall be determined by the head of the relevant central administrative agency.
[This Article Newly Inserted on Jan. 9, 2024]
 Article 7 (Criteria and Procedures for Independent Examination)
(1) Where the head of a central administrative agency conducts an independent examination under Article 7 (3) of the Act, the head shall consider the following criteria:
1. Compliance with statutory principles of regulation under Article 4 of the Act;
2. Compliance with principles of regulation under Article 5 of the Act.
(2) Where the head of a central administrative agency intends to undergo deliberation by an examination committee under Article 7 (3) of the Act, the head shall attach a regulatory impact analysis report under paragraph (1) of that Article (referring to a supplemented regulatory impact analysis report, if such report is supplemented pursuant to paragraph (2) of that Article).
(3) Where the head of a central administrative agency conducts an independent examination under Article 7 (3) of the Act, the head shall prepare a written opinion on the independent examination, including important opinions and the results of the examination.
(4) A committee may, if necessary, prepare detailed guidelines for the criteria and procedures for independent examination and notify the heads of central administrative agencies thereof.
[This Article Wholly Amended on Jan. 9, 2024]
 Article 7-2 (Implementation Procedures for Re-Examination of Regulations)
(1) Where the head of a central administrative agency re-examine regulations under Article 8-2 (1) of the Act, the head shall prepare a report on the results including the following matters with the opinions from relevant experts, etc.:
1. Whether regulations are repealed or relaxed;
2. Whether the re-examination period is extended, changed, or revoked;
3. A plan to improve the relevant regulations (limited to where regulations are repealed or relaxed).
(2) The head of a central administrative agency shall preserve a report on the results under paragraph (1) by until the dates of following classifications; in such cases, an examination has been conducted by the committee under Article 12 of the Act, the head of the central administrative agency shall reflect the results in the result report:
1. Where the re-examination period is extended or changed: The date that the next re-examination is due;
2. Where the re-examination period is revoked: The fifth anniversary of the date on which the period is revoked.
(3) The head of a central administrative agency shall disclose a result report under paragraph (1) to the public through the website, etc. of the relevant central administrative agency.
[This Article Newly Inserted on Jan. 9, 2024]
 Article 8 (Procedures for Hearing Public Opinions)
Where the head of a central administrative agency holds public hearings or makes a pre-announcement of legislations under Article 9 of the Act, he or she shall comply with the procedures prescribed by the Administrative Procedures Act.
 Article 8-2 (Criteria for Important Regulations)
(1) Important regulation under Article 11 (1) of the Act means any of the following regulations:
1. Regulations the expenses for which borne by a group and the citizens subject to the regulations following the implementation thereof are 10 billion won or more a year;
2. Regulations the number of persons subject to which is one million or more a year;
3. Regulations having features to expressly restrict entry or competition;
4. Regulations which are excessive or unreasonable by comparison with international standards;
5. Regulations which are seriously inconsistent with or interfere with those regulations being implemented or planned to be implemented by other administrative agencies;
6. Regulations likely to cause conflicts of interest between interested parties, or considerable social or economic adverse effects;
7. Regulations requiring improvement as a result of small and medium enterprise assessment, competition assessment, or technology assessment;
8. Regulations requiring careful deliberation by the Committee because the quality and level of such regulations are remarkably unreasonable.
(2) Even though the regulations examined at the request fall under any criterion for important regulations under paragraph (1), the Committee need not deem those important where there are no different opinions between interested parties, and no alternative thereto, or where it is deemed inevitable.
[This Article Newly Inserted Presidential Decree No. 27498, Sep. 13, 2016]
 Article 9 (Supplement to Appended Document)
(1) Where the Committee demands for supplement to appended documents under Article 12 (3) of the Act, it shall specify the details and deadline of the supplementation.
(2) Where the head of the relevant central administrative agency is requested to supplement appended documents under paragraph (1), he or she shall provide supplemented documents within the given deadline.
 Article 10 (Recommendation for Improvement)
(1) Where the Committee makes a recommendation to withdraw or improve the new or reinforced regulations under Article 14 (1) of the Act, it shall notify the head of the relevant central administrative agency with any of the following included:
1. Details of the regulations;
2. Examination opinion of the Committee;
3. Matters to be recommended to withdraw or improve;
4. Deadline to deal with matters recommended to withdraw or improve.
(2) The head of the central administrative agency shall take measures to respond to the recommendation made by the Committee for withdrawal or improvement within the deadline under paragraph (1) 4 and submit the result to the Committee without delay.
 Article 11 (Request for Re-Examination)
Where the head of a central administrative agency requests for a re-examination from the Committee under Article 15 (1) of the Act, he or she shall specify details of the regulations subject to the re-examination and reasons thereof within the deadline provided for in Article 10 (1) 4.
 Article 11 (Request for Re-Examination)
 Article 12 (Methods of Request for Revision of Existing Regulations)
(1) The request for abolishment or improvement of existing regulations under Article 17 (1) of the Act (hereinafter referred to as "revision") may be made in writing, by fax, in oral statement, or by telephone or e-mail, or by writing on the website with any of the following specified. <Amended on Mar. 31, 2006; Feb. 20, 2018; Oct. 16, 2018; Jan. 5, 2021>
1. Name (in the case of corporation, referring to title thereof), address, and telephone number of a person who requests for revision of existing regulations;
2. Details of and flaws in the regulations, and measures for the revision;
3. Other matters to be referred to.
(2) If necessary for easy receipt of requests for revision of the existing regulations under paragraph (1) (hereinafter referred to as "request for revision of the existing regulations"), the Committee may use an administrative agency at any level, public organization, non-governmental organization, etc. <Amended by Presidential Decree No. 29237, Oct. 16, 2018>
[Title Amended on Oct. 16, 2018]
 Article 12-2 (Procedures to Deal with Request for Revision of Existing Regulations)
(1) The head of a competent administrative agency notified of request for revision of the existing regulations under Article 17 (2) of the Act shall submit to the Committee the answer on whether to accept the request for revision of the existing regulations within 14 days after the date of receipt of the request for revision of the existing regulations (hereinafter referred to as "date of receipt"). In such cases where it is impractical for the head of the competent administrative agency to submit the answer within 14 days for inevitable reasons, such period may be extended up to 14 days one time only.
(2) Where the head of a competent administrative agency of regulations answers a request for revision of existing regulations to retain the existing regulations, the Committee may demand the head of the relevant competent administrative agency to explain the need to retain the regulations under Article 17 (3) of the Act within three months after the date of receipt.
(3) Where the head of a competent administrative agency of regulations answers a request for revision of the existing regulations to need mid-to-long term policy review, the Committee may demand the head of the relevant competent administrative agency to submit re-answer within six months after the date of receipt. In such cases where the head of the competent administrative agency of regulations re-answers to retain the existing regulations, the Committee may demand the head of the relevant competent administrative agency to explain the need to retain the existing regulations under Article 17 (3) of the Act before the deadline separately determined.
(4) The Committee shall notify the person who makes a request for revision of the existing regulations of the answer submitted under paragraph (1) and re-answer submitted under the former part of paragraph (3) by the head of a competent administrative agency of regulations by means of the information and communications network or mail, etc.
(5) Notwithstanding the explanation provided by the head of a competent administrative agency of regulations under paragraph (2) or the latter part of paragraph (3), where the Committee deems that there is need to revise the existing regulations, it may recommend the revision thereof.
[This Article Newly Inserted by Presidential Decree No. 29237, Oct. 16, 2018]
 Article 13 (Notification of Result of Internal Revision of Existing Regulations)
The head of a central administrative agency shall submit to the Committee the result of previous year’s internal revision of existing regulations under Article 19 (1) of the Act by January 31 every year.
 Article 13-2 (Statutes Relating to Special Regulatory Treatment)
“Statutes prescribed by Presidential Decree in Article 19-3 (3) of the Act means the following Statutes (hereinafter referred to as "statutes relating to special regulatory treatment"):
1. The Act on Special Cases concerning the Regulation of Regulation-Free Special Zones and Special Economic Zones for Specialized Regional Development;
2. The Special Act on Support for Financial Innovation;
3. The Act on the Support for the Innovation and Revitalization of Mobility;
4. The Industrial Convergence Promotion Act;
5. The Act on Facilitation of Transition to Circular Economy and Society;
6. The Act on the Promotion of Smart City Development and Industry;
7. The Special Act on Promotion of Special Research and Development Zones;
8. The Special Act on Promotion of Information and Communications Technology and Vitalization of Convergence Thereof.
[This Article Newly Inserted on Jan. 9, 2024]
 Article 13-3 (Period for Presenting to Special Regulatory Treatment Committee)
“Period prescribed by Presidential Decree” in Article 19-3 (5) of the Act means 90 days: Provided, That the head of a central administrative agency in receipt of an application for granting special regulatory treatment (hereinafter referred to as "institution in charge of special regulatory treatment") related to new technology services and products (hereinafter referred to as "special regulatory treatment") may extend the period by up to 30 days only once, if it is impossible to present such application within such period due to unavoidable reasons.
[This Article Newly Inserted on Jan. 9, 2024]
 Article 13-4 (Re-Deliberation of Special Regulatory Treatment Committee)
(1) A re-deliberation pursuant to Article 19-3 (6) of the Act may be applied for if there is new evidence or a change in circumstances after rejected by the special regulatory treatment committee (hereinafter referred to as the "special regulatory treatment committee") under paragraph (5) of that Article.
(2) Application for re-deliberation under paragraph (1) may be filed only once within 60 days from the date on which a notice of rejection is received.
(3) The head of an institution in charge of special regulatory treatment shall present an agenda to the special regulatory treatment committee within 90 days from the date of receipt of the application under paragraph (1): Provided, That if it is impossible to present the agenda within such period due to any unavoidable reason, the period may be extended only once by up to 30 days.
(4) The chairperson of the special regulatory treatment committee shall, upon receipt of a request from a person who has applied for the grant of a special regulatory treatment, have the person attend a re-deliberation meeting and state his or her opinion.
[This Article Newly Inserted on Jan. 9, 2024]
 Article 13-5 (Application for Change of Special Regulatory Treatment)
(1) Upon receipt of an application for change of the details, conditions, etc. of a special regulatory treatment under Article 19-3 (7) of the Act, the head of an institution in charge of special regulatory treatment shall notify the head of a central administrative agency having jurisdiction over the regulatory statutes or regulations related to special regulatory treatment (hereinafter referred to as "agency related to special regulatory treatment") of the details of the application.
(2) The head of an agency related to special regulatory treatment who has been notified of the details of an application pursuant to paragraph (1) shall examine the details of the application and send a written result to the head of the agency in charge of special regulatory treatment within 30 days: Provided, That where the head of the agency related to special regulatory treatment is unable to notify the applicant within such period due to unavoidable circumstances, the head of the agency related to special regulatory treatment may extend the period by up to 30 days only once.
(3) Upon receipt of an application for change of the details, conditions, etc. of special regulatory treatment pursuant to Article 19-3 (7) of the Act, the head of an institution in charge of special regulatory treatment shall report such fact to the special regulatory treatment committee under his or her jurisdiction where he or she intends to change the details, conditions, etc. of special regulatory treatment.
[This Article Newly Inserted on Jan. 9, 2024]
 Article 13-6 (Notification of Revision Plan for Statutes and Regulations Governing Special Regulatory Treatment)
(1) Where a person granted special regulatory treatment requests the head of an agency related to special regulatory treatment to revise statutes or regulations related to special regulatory treatment, as prescribed by statutes and regulation governing special regulatory treatment, the head of the agency related to special regulatory treatment shall formulate a plan to revise statutes and regulation governing special regulatory treatment (hereinafter referred to as "revision plan for statutes and regulation governing special regulatory treatment"), including the following matters, in consultation with the head of an institution in charge of special regulatory treatment pursuant to Article 19-3 (8) of the Act:
1. Details of statutes and regulations related to special regulatory treatment;
2. Statutes and regulations subject to revision and the details and schedule of revision;
3. Where it is impracticable to revise statutes or regulations or where it is impracticable to immediately commence the revision of statutes or regulations, the grounds therefor;
4. Future revision plans;
5. Other matters to be notified in connection with revision of statutes or regulations.
(2) The head of an agency related to special regulatory treatment shall notify a revision plan for statutes and regulation governing special regulatory treatment formulated pursuant to paragraph (1) to the person granted special regulatory treatment and the head of an institution in charge of special regulatory treatment within 60 days from the date of receipt of a request for the revision of statutes or regulations.
(3) Where the head of an agency related to special regulatory treatment exempts or relaxes the application of regulations as prescribed by statutes related to special regulatory treatment even if no request for revision of statutes or regulations is made under paragraph (1), the head of the agency related to special regulatory treatment shall formulate a revision plan for statutes and regulation governing special regulatory treatment and notify the person granted special regulatory treatment and the head of an institution in charge of special regulatory treatment within 30 days from the date of exemption or relaxation of the relevant regulations.
(4) Where it is impracticable to notify a revision plan for statutes and regulation governing special regulatory treatment within the period specified in paragraphs (2) and (3) due to safety verification, etc., the head of an agency related to special regulatory treatment may extend the period only twice by up to 30 days, respectively.
[This Article Newly Inserted on Jan. 9, 2024]
 Article 14 (Procedures for Establishment of Comprehensive Plan to Revise Regulations)
(1) The Committee shall notify the head of the central administrative agency of the revision guidelines of the existing regulations for the next year under Article 20 (1) of the Act by December 31 every year. <Amended by Presidential Decree No. 19436, Mar. 31, 2006>
(2) The revision guidelines under paragraph (1) shall include any of the following:
1. Basic direction-setting for revision of regulations;
2. Standards for revision of the existing regulations;
3. Fields of regulations or specific existing regulations to be promoted in priority;
4. Matters the Committee determines necessary for efficient revision of the existing regulations.
(3) The head of a central administrative agency shall establish a plan for revision of regulations of the year and submit it to the Committee under Article 20 (2) of the Act by January 31 every year. <Amended by Presidential Decree No. 19436, Mar. 31, 2006>
(4) The plan for revision of regulations under paragraph (3) shall include any of the following:
1. Basic direction-setting for revision of regulations of the relevant agency;
2. Plan to take measures for fields of regulations to be promoted in priority, selected by the Committee;
3. Plan to take measures for specific existing regulations to be promoted in priority, selected by the Committee;
4. Other matters determined by the Committee.
 Article 15 (Announcement of Comprehensive Plan to Revise Regulations)
The Committee shall publish in the Official Gazette or post on the website the comprehensive plan to revise regulations established by the Government under Article 20 (3) of the Act by the end of February. <Amended by Presidential Decree No. 19436, Mar. 31, 2006>
 Article 16 (Notification of Implementation Report of Comprehensive Plan to Revise Regulations)
The head of a central administrative agency shall submit to the Committee the implementation report of the comprehensive plan to revise regulations of the previous year under Article 21 (1) of the Act by January 31 every year. <Amended by Presidential Decree No. 19436, Mar. 31, 2006>
 Article 16 (Notification of Implementation Report of Comprehensive Plan to Revise Regulations)
 Article 17 (Duty of Chairperson of Regulatory Reform Committee)
Each chairperson shall represent the Committee and have general control over the affairs thereof.
 Article 18 (Composition of Committee)
(1) The President shall commission members under Article 25 (3) of the Act from among the following persons: <Amended by Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 28677, Feb. 20, 2018>
1. A person who is or was an associate professor or at a higher rank, or is or was at a position corresponding thereto in a university or certified research institute;
2. A person qualified as an attorney, certified public accountant, etc.;
3. An executive officer or a person who is or was at the position corresponding thereto of a society or economy related organization;
4. A public official who was at the position of Grade I or higher, or position corresponding thereto (including a public official who is a member of the Senior Executive Service);
5. Other persons who have extensive knowledge and experience in regulations.
(2) "Public officials prescribed by Presidential Decree" in Article 25 (3) of the Act means the Minister of Economy and Finance, Minister of the Interior and Safety, Minister of Trade, Industry and Energy, Minister of SMEs and Startups, Minister of the Office for Government Policy Coordination, Chairperson of the Korea Fair Trade Commission, and Minister of Government Legislation. <Amended by Presidential Decree No. 20724, Feb. 29, 2008; Presidential Decree No. 24429, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27498, Sep. 13, 2016; Presidential Decree No. 28211, Jul. 26, 2017>
(3) A member appointed as an executive secretary under Article 25 (4) of the Act shall assist chairpersons to perform their duties, and conduct the following affairs: <Amended by Presidential Decree No. 28677, Feb. 20, 2018>
1. General management of prior review on agenda presented to the Committee;
2. Adjustment of responsibilities for matters for which two or more subcommittees are concerned;
3. Other matters the chairpersons order relating to operation of the Committee.
 Article 19 (Meetings)
(1) The chairpersons shall convene and preside over a meeting of the Committee.
(2) When a chairperson intends to convene a meeting, he or she shall determine date and venue of, and matters introduced to the meeting and, notify each member thereof in writing seven days before the meeting: Provided, That this shall not apply to the urgent matters.
(3) A meeting of the Committee shall be made public: Provided, That when a chairperson deems necessary for protection of public interest or others, it need not be made public by a decision of the Committee.
(4) The head of a central administrative agency related to matters to be deliberated by the Committee may attend a meeting and make a remark.
 Article 20 (Disqualification and Refrainment of Member)
(1) Where a member falls under any of the following, he or she shall be disqualified from deliberation or decision on the matters:
1. Where a member or his or her relative has a direct interest in the matters concerned;
2. Where a member testifies or appraises, or renders advice or provides services relating to the matters concerned;
3. Where a member is or was an agent of a party to the matters concerned.
(2) Where a member has a reason for disqualification under paragraph (1) or other corresponding thereto, or determines participation in the deliberation is impractical for the purposes of ensuring fairness of the deliberation, he or she shall refrain himself or herself from the deliberation or decision of the matters concerned.
[This Article Wholly Inserted by Presidential Decree No. 27498, Sep. 13, 2016]
 Article 21 (Composition of Subcommittee)
(1) Up to five subcommittees by field may be established under the Committee under Article 28 of the Act.
(2) A subcommittee shall perform functions as follows:
1. Prior review or adjustment of matters to be presented to the Committee;
2. Professional survey and research on matters to be presented to the Committee;
3. Other matters delegated by the Committee.
(3) The Committee may have an advisory body comprising expert members or experts from the private sector under Article 29 of the Act to support prior review and adjustment of the agenda of a field requiring a high level of expertise such as the new industries or specialized survey and research. <Newly Inserted by Presidential Decree No. 28039, May 8, 2017>
(4) Matters necessary to organize and operate a subcommittee under paragraph (1) and an advisory body under paragraph (3) shall be determined by the chairpersons following a decision made by the Committee. <Newly Inserted by Presidential Decree No. 28039, May 8, 2017>
 Article 22 (Expert Members)
(1) Expert members and researchers under Article 29 of the Act shall be appointed or commissioned by a chairperson who is the Prime Minister in consultation with the other chairperson from among the relevant public officials and persons of extensive knowledge and experience in regulations. <Amended by Presidential Decree No. 28677, Feb. 20, 2018>
(2) Expert members and researchers may attend a meeting of the Committee or a subcommittee to make a statement, if necessary.
 Article 23 (Request for Explanation from Relevant Administrative Agencies)
When requesting for the necessary explanation or presentation of data or documentation from the relevant administrative agencies under Article 30 (1) 1 of the Act, the Committee shall notify the content and deadline of the presentation in writing: Provided, That the oral notification may be given to a public official who attends a meeting.
 Article 24 (Request for Attendance from Interested Party)
(1) When a request for the attendance or statements of opinion from the interested parties, reference persons, or relevant public officials under Article 30 (1) 2 of the Act is made, such request shall be notified in writing seven days before the date of a meeting.
(2) The interested parties, reference persons, or relevant public officials notified under paragraph (1) may attend a meeting to make a statement of opinions or present them in writing the date before the meeting.
(3) Where the interested parties, reference persons, or relevant public officials notified under paragraph (1) fails to attend a meeting or present opinions in writing before the date of the meeting without good cause, it is deemed that they have no opinion.
 Article 25 (On-Site Investigation)
(1) When an on-site investigation into the relevant administrative agencies under Article 30 (1) 3 of the Act is conducted, the Committee shall notify such agencies of the purpose, date, and place of investigation and personal information of investigators in advance: Provided, That this shall not apply where such requirement is urgent or likely to disturb the purpose of the investigation. <Amended by Presidential Decree No. 28677, Feb. 20, 2018>
(2) Staff conducting an on-site investigation into the relevant administrative agencies under paragraph (1) shall present a certificate indicating his or her authority. <Amended by Presidential Decree No. 28677, Feb. 20, 2018>
[Title Amended on February 20, 2018]
 Article 26 (Attendance Notification of Relevant Public Officials)
When the head of a relevant administrative agency intends to require public officials under his or her authority or the relevant experts to attend the Committee to make a statement under Article 30 (2) of the Act, he or she shall notify the Committee of personal information of such public officials and relevant experts in advance.
 Article 27 (Designation of Specialized Research Institution)
(1) Matters necessary for the designation as a specialized research institution and revocation thereof under Article 31 (2) of the Act shall be determined by the chairpersons following a decision made by the Committee.
(2) Where a specialized research institution designated under paragraph (1) supports the specialized examination of the Committee, the Committee shall provide expenses needed within the budget.
 Article 28 (Allowances)
(1) The chairpersons and members of the Committee, expert members, researchers, interested parties, and reference persons who are not public officials and the relevant public officials may be provided with allowances, travel expenses, and other expenses needed within the budget: Provided, That this shall not apply when a public official attends the Committee directly related to his or her duties.
(2) A member who is an executive secretary may be provided with expenses needed to perform his or her duties other than allowances, travel expenses, and other expenses under paragraph (1).
 Article 29 (Detailed Operating Rule)
Except as otherwise provided for in this Decree, matters necessary for the operation of the Committee shall be determined by the chairpersons following a decision made by the Committee.
 Article 29 (Detailed Operating Rule)
 Article 30 (Inspection and Evaluation of Regulatory Improvement)
(1) Where the Committee intends to verify and inspect the improvement and actual operational conditions of regulations of each administrative agency under Article 34 (1) of the Act, it shall, in advance, send to the relevant administrative agency a written notice stating any of the following, in the absence of special reasons not to do so:
1. Matters to be verified and inspected;
2. Schedule of the verification and inspection;
3. Personal information of the person who conducts verification and inspection.
(2) Where necessary to verify and inspect the improvement and actual operational conditions of regulations under Article 34 (1) of the Act, the Committee may organize and operate a joint inspection team comprising staff of the Committee and public officials of the relevant administrative agencies.
(3) Where the Committee commissions a relevant specialized organization and others to conduct opinion polls under Article 34 (3) of the Act, it shall make a payment for expenses necessary therefor within the budget.
 Article 31 (Publication and Announcement of White Paper on Regulatory Reform)
The Committee shall publish and announce a white paper on regulatory reform under Article 35 of the Act by March 31 every year including any of the following:
1. Current status of regulatory reform by the Government as of the end of the previous year;
2. Results of promotion of regulatory reform of the previous year by the Government, and evaluation thereof;
3. Other matters concerning regulatory reform.
 Article 32 (Establishment and Operation of Regulatory Information System)
(1) The Committee may establish and operate an information system for the efficient management and examination of regulations (hereinafter referred to as "regulatory information system").
(2) The Minister of the Office for Government Policy Coordination shall support matters necessary for the establishment and operation of a regulatory information system.
[This Article Newly Inserted on Jan. 9, 2024]
 Article 33 (Preferential Treatment in Personnel)
(1) The Minister of the Office for Government Policy Coordination may select and reward public officials who have made outstanding contributions to the promotion of regulatory improvement duties.
(2) The head of a central administrative agency shall take at least one of the following preferential treatment in personnel affairs (in cases of public officials in special service, referring to preferential treatment in personnel affairs under the relevant statutes or regulations related to personnel affairs, which corresponds to the following preferential treatment in personnel affairs) to public officials who have received awards at least the commendation of the Prime Minister pursuant to paragraph (1):
1. special promotion and appointment under article 35-2 (1) 2 of the Decree on the Appointment of Public Officials;
2. Reduction of service period for selecting treatment public officials under Article 35-3 (1) of the Decree on the Appointment of Public Officials;
3. Reduction of period of promotion for continuous service under article 35-4 (3) 2 of the Decree on the Appointment of Public Officials;
4. Special promotion under Article 16 (1) 2 of the Public Officials Remuneration Regulations;
5. Preferential treatment in personnel affairs falling under any of the following items; in such cases, notwithstanding Article 7-2 (6) of the Regulations on Allowances for Public Officials, special performance surcharges may be paid together, even where the service records, job performance, etc. are not within the highest two percent of the excellent performance, etc.:
(a) Granting the highest rating of performance-based bonuses under Article 7-2 of the Regulations on Allowances for Public Officials;
(b) Grading the highest grade of performance-based incentives under Article 39 of the Public Officials Remuneration Regulations;
(c) Granting the highest grade in the appraisal of performance-based contracting, etc. under Article 20 of the Regulations on Personnel Management of the Senior Executive Service;
6. Granting additional points under Article 27 of the Regulations on the Performance Evaluation of Public Officials;
7. A leave of reward under Article 20 (13) of the State Public Officials Service Regulations;
8. Transfer to a desired department and prioritized appointment for education and training.
(3) In cases of special promotion and appointment in personnel pursuant to paragraph (2) 1, special promotion and appointment may be made in excess of the prescribed number of personnel by rank or by grade, and the prescribed number corresponding to the current number of personnel shall be deemed to be separate in the relevant central administrative agency until the prescribed number and the current number of personnel coincide with each other.
(4) Where granting the highest grade of performance bonuses and performance incentives or granting the highest grade of performance contracting, etc. pursuant to paragraph (2) 5, the relevant public officials may not be included in the number of persons eligible for performance bonuses under attached Table 2-4 of the Regulations on Allowances for Public Officials, the number of persons eligible for performance incentives under Article 39 (2) and 34-2 of the Public Officials Remuneration Regulations, or the number of persons eligible for appraisal of performance contracting, etc. under Article 10 (5) of the Regulations on Rating of Public Officials within budgetary limits.
(5) The Minister of the Office for Government Policy Coordination may inspect whether the head of a central administrative agency has implemented preferential treatment in personnel affairs under paragraph (2) and may recommend improvement thereof.
[This Article Newly Inserted on Jan. 9, 2024]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 1998: Provided, That Articles 6 through 11 shall enter into force on June 1, 1998.
Article 2 (Provisions concerning Enforcement Date of the Framework Act on Administrative Regulations)
The Framework Act on Administrative Regulations (Act No. 5368) shall enter into force on March 1, 1998: Provided, That Articles 7 through 16 shall enter into force on June 1, 1998.
Article 3 (Repeal of Other Statutes and Regulations)
The Enforcement Decree of the Administrative Regulation and Management Act shall be repealed.
Article 4 (Transitional Measures concerning Public Notice)
(1) Article 2 (2) shall not apply to regulations as at the time this Decree enters into force.
(2) Those prescribed related to regulations by delegation of statutes or regulations, municipal ordinances, or municipal rules as at the time this Decree enters into force, which are not in form of statutes or regulations, municipal ordinances or municipal rules, directives, established rules, public notice, or public announcement shall be changed into statutes or regulations, municipal ordinances, or municipal rules, or directives, established rules, public notice, or public announcement under Article 2 (2) within one year after this Decree enters into force.
Article 5 (Transitional Measures concerning Registration of Regulations)
The head of a central administrative agency shall legislate for all of the existing regulations under his or her jurisdiction as at the time the Act enters into force within 90 days after the date the Committee requests for under Article 6 (1) of the Act.
Article 6 (Special Cases Concerning Internal Revision of Existing Regulations As At the Time This Act Enters into Force)
(1) The head of a central administrative agency shall submit an annual revision plan for the existing regulations under his or her jurisdiction before the deadline determined by the Committee under Article 3 of the Addenda to the Act. In such cases, the annual revision plan shall be established on a yearly basis.
(2) The head of a central administrative agency shall preferentially include a revision plan of the following in an annual revision plan established under paragraph (1):
1. Regulations not needed to exist any more in light of administrative and social conditions;
2. Regulations which have not be amended for five years before the date the Act enters into force;
3. Regulations which overlap with or are concurrent with other regulations;
4. Regulations which become less efficient in the process of enforcement;
5. Regulations deemed urgent to be revised.
(3) Where the head of a central administrative agency establishes an annual revision plan under paragraph (1), he or she shall gather opinions of the relevant experts and interested parties.
(4) The head of a central administrative agency shall submit to the Committee the implementation results of the annual revision plans from the year in which the enforcement date of the Act falls to the year in which the date when five years elapse from the enforcement date of the Act falls, not later than January 10 of the following year.
ADDENDUM <Presidential Decree No. 19436, Mar. 31, 2006>
This Decree shall enter into force on June 30, 2006.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20724, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24429, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That from among Presidential Decrees amended by Article 5 of the Addenda, the amendments to Presidential Decrees which have been promulgated but the enforcement dates of which have yet to arrive shall enter into force on each enforcement date of the relevant Presidential Decrees.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27498, Sep. 13, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28039, May 8, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That from among Presidential Decrees amended by Article 8 of the Addenda, the amendments to Presidential Decrees which have been promulgated but the enforcement dates of which the enforcement dates have yet to arrive shall enter into force on each enforcement date of the relevant Presidential Decrees.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28677, Feb. 20, 2018>
This Decree shall enter into force on March 1, 2018.
ADDENDUM <Presidential Decree No. 29237, Oct. 16, 2018>
This Decree shall enter into force on October 18, 2018.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 34121, Jan. 9, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 12, 2024.
Article 2 (Transitional Measures concerning Composition of Examination Committee)
(1) Where a regulatory examination committee is established in a central administrative agency for independent examination under Article 7 (3) of the Act as at the time this Decree enters into force, the regulatory examination committee and members thereof shall be deemed members of the examination committee under the amended provisions of Article 6-2, and their terms of office shall be the remainder of their previous terms of office.
(2) Notwithstanding paragraph (1), the head of each central administrative agency shall comply with the amended provisions of Article 6-2 (2) through (4) within six months after this Decree enters into force.
(3) Where the amended provisions of Article 6-2 (5) apply to the members of a regulatory examination committee commissioned before this Decree enters into force, who are members of an examination committee of each central administrative agency commissioned for the first time before this Decree enters into force may be reappointed only once after the expiration of their term of office, and the members of the examination committee reappointed for more than one term before this Decree enters into force may not be reappointed after the expiration of the term.