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ADMINISTRATIVE PROCEDURES ACT [Enforcement Date 11. Jun, 2020.] [Act No.16778, 10. Dec, 2019., Partial
Amendment]
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2021. 2. 8.
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ADMINISTRATIVE PROCEDURES ACT [Enforcement Date 11. Jun, 2020.] [Act No.16778, 10. Dec, 2019., Partial Amendment]
CHAPTER I GENERAL PROVISIONS
SECTION 1 Purpose, Definitions, and Scope of Application
Article 1 (Purpose) The purpose of this Act is to ensure fairness, transparency, and credibility in administrative operations and to protect the rights and interests of citizens, by providing for common matters regarding administrative procedures and thereby allowing citizens’ better access to administrative procedure. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 2 (Definitions) The definitions of terms used in this Act shall be as follows: 1. The term "administrative agency" means any of the following persons:
(a) An agency of the State or a local government that makes and expresses administrative decisions;
(b) Any other public organization or its agency or private individual with administrative authority vested, delegated, or entrusted under Acts and subordinate statutes or municipal ordinances and rules (hereinafter referred to as "Acts and subordinate statutes, etc.");
2. The term "disposition" means the exercise of public authority, the denial of such authority or any other corresponding administrative action in the application of laws and regulations to a particular fact by an administrative agency;
3. The term "administrative guidance" means an administrative action, such as guidance, recommendation, advice by an administrative agency to encourage or discourage a particular person regarding performance of certain acts, within the scope of duties or affairs under its jurisdiction in order to realize specific administrative aims;
4. The term "concerned party, etc." means any of the following persons: (a) Direct counter-party to a disposition taken by an administrative agency; (b) Interested party requested to participate in an administrative procedure by an administrative
agency ex officio or upon application; 5. The term "hearing" means the procedure under which an administrative agency directly hears
the opinions of concerned parties, etc. and investigates evidence before issuing a disposition; 6. The term "public hearing" means the procedure under which an administrative agency
extensively collects opinions regarding administrative functions through open discussions from concerned parties, etc., persons with expert knowledge and experience, and the general public;
7. The term "submission of opinions" means the procedure under which concerned parties, etc. present their opinions before an administrative agency takes any administrative action, which does not fall under a hearing or public hearing;
8. The term "electronic document" means information generated, sent, received or stored in electronic form through information processing systems, including computers;
9. The term "information and communications network" means an information and communications system to gather, process, store, search, send or receive information by utilizing telecommunications facilities and equipment, or utilizing telecommunications facilities and equipment as well as computers and computer-based technology.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 3 (Scope of Application) (1) The procedures for dispositions, reports, administrative pre-announcement of legislation, pre-announcement of dispositions, and administrative guidance (hereinafter referred to as "administrative procedures") shall be governed by this Act, except as specifically provided in other Acts.
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(2) This Act shall not apply to any of the following matters: 1. Matters implemented by resolution or with the assent or approval of the National Assembly or
a local council; 2. Matters implemented based on judgments of courts or military courts or in execution thereof; 3. Matters implemented through decisions by the Constitutional Court; 4. Matters implemented through resolution by various levels of Election Commissions; 5. Matters implemented by the Board of Audit and Inspection following rulings of the Council of
Commissioners; 6. Matters implemented in accordance with the Acts and subordinate statutes on criminal and
prison administration and security measures; 7. Matters concerning national security, national defense, diplomacy, or reunification, which might
severely harm important national interests if they go through administrative procedures; 8. Matters relating to the procedures for requests for review, maritime safety inquiries, tax trials,
patent trials, administrative appeals, and other appeals; 9. Matters prescribed by Presidential Decree as being impossible or deemed unnecessary to
complete administrative procedures due to the nature of the relevant administrative actions or as having completed any procedures comparable to administrative procedures, such as conscription and call-ups under the Military Service Act, entry and exit of foreigners, recognition of refugee status, naturalization, disciplinary actions and other dispositions under the Acts and subordinate statutes related to public official service, and mediation, conciliation, arbitration, rulings, and other dispositions under the Acts and subordinate statutes aimed at coordinating conflicts of interest.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 4 (Acting in Good Faith and Protection of Trust) (1) Every administrative agency shall act in good faith and with sincerity in the performance of its duties. (2) Where the interpretation of Acts and subordinate statutes, etc. by administrative agencies or any of their customary practices is generally accepted by citizens, the administrative agencies shall not retroactively apply any new interpretation or customary practice unfavorable to citizens, unless the existing interpretation or customary practice is feared to remarkably prejudice the public good or legitimate interests of any third party.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 5 (Transparency) (1) The content of administrative functions performed by administrative agencies shall be concrete and clear. (2) If the content of Acts and subordinate statutes, etc. constituting the basis of the administrative functions are not clear, the parties subject to such administrative functions may request the relevant administrative agencies to interpret them, and the relevant administrative agencies shall comply with such request, unless there is a compelling reason not to do so.
(3) Administrative Agencies shall fully provide information related to administrative functions to the parties subject to administrative functions.
[This Article Wholly Amended by Act No. 16778, Dec. 10, 2019]
SECTION 2 Jurisdiction of and Cooperation among Administrative Agencies
Article 6 (Jurisdiction) (1) If an administrative agency receives any case that is beyond its jurisdiction directly or by transfer from another agency, it shall without delay transfer such case to the competent administrative agency and give notice thereof to the applicant. The same shall also apply where the jurisdiction over such case is changed after the case is received by or transferred to the administrative agency. (2) If jurisdiction of administrative agencies is not clear, their jurisdiction shall be decided by a superior administrative agency generally supervising both of the administrative agencies, and, in
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the absence of such general superior administrative agency, through consultations between respective superior administrative agencies having the authority over each of those administrative agencies.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 7 (Cooperation between Administrative Agencies) Administrative agencies shall cooperate with each other to ensure harmonious execution of administrative functions. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 8 (Administrative Assistance) (1) In any of the following cases, an administrative agency may request another administrative agency to provide administrative assistance:
1. Where the execution of its duties on its own is difficult because of Acts and subordinate statutes, etc.;
2. Where the execution of its duties on its own is difficult because of practical causes such as shortage of personnel and equipment;
3. Where cooperation of a specialized organization affiliated with such other administrative agency is necessary;
4. Where documents (including electronic documents; hereinafter the same shall apply), statistics, and other administrative data managed by such other administrative agency are necessary for the execution of its duties;
5. Where the execution of its duties with the assistance of such other administrative agency is deemed more efficient and economical.
(2) Any administrative agency requested to provide administrative assistance under paragraph (1) may deny the request in any of the following cases:
1. Where there is any good reason to believe that it is more efficient or economical to provide such assistance by another administrative agency other than the requested administrative agency;
2. Where there is any good reason to believe that such administrative assistance may significantly impede the execution of its proper duties.
(3) Any request for administrative assistance shall be filed with an administrative agency with capabilities to directly assist the relevant duties.
(4) Where an administrative agency requested to provide administrative assistance denies such request, it shall notify the administrative agency that has filed such request of the reasons therefor.
(5) Staff dispatched for the purpose of administrative assistance shall be under the direction and supervision of the administrative agency that has requested such assistance: Provided, That matters pertaining to the duties of such staff shall be governed by the special provisions of other Acts and subordinate statutes, etc., if such provisions exist therein.
(6) Expenses incurred in administrative assistance shall be borne by the administrative agency requesting such assistance and the amount and payment method of the expenses shall be determined through consultations between the administrative agency requesting the assistance and the administrative agency providing the assistance.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
SECTION 3 Concerned Parties, etc.
Article 9 (Requirements for Concerned Parties, etc.) Any of the following persons may become a concerned party, etc. in an administrative procedure:
1. A natural person; 2. A legal person, or an association or foundation that is not a legal person (hereinafter referred
to as "legal person, etc."); 3. A person who has the capacity to be a subject of rights and obligations pursuant to other Acts
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and subordinate statutes, etc. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 10 (Succession to Status) (1) Any successor due to the death of a concerned party, etc. or any person succeeding to the rights or interests of a concerned party, etc. pursuant to other Acts and subordinate statutes, etc. shall succeed to the status of such a concerned party, etc. (2) Where a legal person, etc. that is a concerned party, etc. is merged, a legal person, etc. surviving or newly established after the merger shall succeed to the status of such a concerned party, etc.
(3) A person who has succeeded to the status of a concerned party, etc. under paragraphs (1) and (2) shall notify the competent administrative agency of such fact.
(4) A de facto transferee of the rights or interests under a disposition may succeed to the status of the concerned party, etc. with the approval of the competent administrative agency.
(5) Any notification by an administrative agency to the deceased or the predecessor legal person, etc. of the merger given before notification under paragraph (3) shall also have effect on a person succeeding to the status of a concerned party, etc. under paragraph (1) or (2).
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 11 (Representatives) (1) Where two or more concerned parties, etc. are jointly performing acts relating to administrative procedures, the parties, etc. may appoint their representatives. (2) Where concerned parties, etc. have no representative under paragraph (1) or there is a risk of delay in administrative procedures because they have too many representatives, the competent administrative agency may request the concerned parties, etc. to appoint a maximum of three representatives, explaining the situation, within a considerable period of time. In such cases, if the concerned parties, etc. fail to comply with such a request, the administrative agency may, at its discretion, appoint representatives to act for and on their behalf.
(3) Concerned parties, etc. may replace their representatives or remove them from their office. (4) Representatives may perform all acts relating to administrative procedures for and on behalf of the concerned parties, etc. who have appointed them as representatives: Provided, That they shall obtain the consent of the concerned parties, etc. for concluding the administrative procedures.
(5) Where concerned parties, etc. have their representatives, they may perform acts relating to administrative procedures only by and through the representatives.
(6) Where there are two or more representatives, the acts of administrative agencies towards one of the representatives shall be effective on all the concerned parties, etc.: Provided, That notification of an administrative agency shall be effective only if given to all of the representatives.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 12 (Agents) (1) Each concerned party, etc. may designate as his/her agent any of the following persons:
1. The spouse, a lineal ascendant or descendant, or sibling of the concerned party, etc.; 2. An executive or employee of the concerned party, etc. where it is a legal person, etc.; 3. An attorney-at-law; 4. A person who has obtained permission from an administrative agency or, in the case of a
hearing, from the presiding official thereof; 5. A person eligible to serve as an agent for matters pertaining to the relevant case under Acts
and subordinate statutes, etc. (2) Article 11 (3), (4) and (6) shall apply mutatis mutandis to agents. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 13 (Notification of Representatives and Agents) (1) Where relevant parties, etc. have appointed or designated any of their representatives or agents, they shall notify, without delay, the competent administrative agency thereof. The same shall also apply where they have replaced
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any of their representatives or agents or removed any of them from office. (2) Notwithstanding paragraph (1), if the presiding officer of a hearing has permitted the designation of an agent pursuant to Article 12 (1) 4, he/she shall notify the competent administrative agency thereof. <Newly Inserted by Act No. 12347, Jan. 28, 2014>
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
SECTION 4 Service and Special Cases for Period and Time Limit
Article 14 (Service) (1) Service shall be made by means of mail, delivery, information and communications networks, etc. and to the domicile, residence, place of business, office, or electronic mail address (hereinafter referred to as "domicile, etc.") of a person entitled to receive service (including his/her representative or agent; hereinafter the same shall apply): Provided, That service may be made at a place of meeting with the recipient of the service, if he/she consents thereto. (2) Service by delivery shall be completed by delivering the document in exchange of a written receipt of acceptance from the recipient of the service and, if the person to receive service is not present where the service is to be made, may be made by delivering the document to his/her office worker, employee, or cohabitant with the mental capability to make a reasonable judgment (hereafter referred to as “office worker, etc.” in this Article): Provided, That when the person to be served with the document or his/her office worker, etc. refuses to receive service without justifiable grounds, the document may be left where service is to be made after making a statement to such effect on the written receipt of acceptance. <Amended by Act No. 12347, Jan. 28, 2014>
(3) Service by means of information and communications networks shall be made only where the person to receive service gives consent thereto. In such cases, the person to receive service shall designate the electronic mail address, etc. to which service is to be made.
(4) In any of the following cases, public notice shall be given in at least one of the Official Gazette, official bulletins, bulletin boards, and daily newspapers as well as on the Internet website, so that the person to receive service may readily be informed:
1. Where the domicile, etc. of the person to receive service is unascertainable by ordinary methods;
2. Where service is impossible. (5) Administrative agencies shall preserve records indicating the names of documents to be served, the full names or titles of service recipients, the methods of service, and the dates on which service was made.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 15 (Effectuation of Service) (1) Service shall take effect upon arrival of the relevant document to the person to receive the service, except as otherwise specifically provided in other Acts and subordinate statutes, etc. (2) The service of an electronic document by means of information and communications networks pursuant to Article 14 (3) shall be deemed to reach the person to be served when the electronic document is entered into a computer, etc. designated by the person to receive the service.
(3) In cases falling under Article 14 (4), except as otherwise specifically provided in other Acts and subordinate statutes, etc., service shall take effect on the date 14 days after the date of the public notice: Provided, That this shall not be applicable where a different effective date thereof is determined and publicly notified due to special circumstances mandating its immediate enforcement.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 16 (Special Cases for Period and Time Limit) (1) Where it is impossible to abide by a period or time limit due to a natural disaster or any other cause beyond the control of concerned
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parties, etc., the progression of the period shall be suspended until the day of cessation of such cause. (2) The periods and time limits applicable for persons residing or sojourning in foreign countries shall be determined by administrative agencies taking into consideration the number of days that the postal service or correspondence would take.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
CHAPTER II DISPOSITIONS
SECTION 1 Common Provisions
Article 17 (Applications for Dispositions) (1) Any application for disposition to an administrative agency shall be made in writing: Provided, That this shall not apply where otherwise specifically provided in other Acts and subordinate statutes, etc. and where the administrative agency has in advance determined and publicly announced any other method. (2) Where an application for disposition under paragraph (1) is made in the form of electronic document, the application shall be deemed to have been filed when the electronic document is entered into computers, etc. of the competent administrative agency.
(3) Each administrative agency shall post a notice (including any notice on the Internet, etc.) of the required documents, the receiving agency, the processing period, and other matters necessary for filing an application, or furnish the relevant manual to make it available to the general public.
(4) Where an administrative agency receives an application, it shall not reserve or refuse the acceptance thereof or unjustly return such application, except as otherwise specifically provided in other Acts and subordinate statutes, etc. and shall issue a receipt thereof to the applicant where it accepts the application: Provided, That the administrative agency may omit the issuance of such receipt in cases prescribed by Presidential Decree.
(5) Where an administrative agency finds a defect in any application, such as incomplete documentation, the administrative agency shall promptly request the applicant to make necessary supplements, specifying a reasonable period of time therefor.
(6) Where an applicant fails to make necessary supplements within the period provided under paragraph (5), the administrative agency may return the received application, specifying the reasons therefor.
(7) For the convenience of applicants, an administrative agency may have other administrative agencies receive applications on its behalf. In such cases, the administrative agency shall determine and publicly announce in advance the type of applications such other administrative agencies may receive.
(8) An applicant may supplement, modify, or withdraw his/her application before a disposition is rendered with respect to the application: Provided, That this shall not apply where otherwise specifically provided in other Acts and subordinate statutes, etc. or where the nature of the application does not allow for the supplement, modification, or withdrawal thereof.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 18 (Dispositions Involving More Than One Administrative Agency) Where an administrative agency receives an application seeking a disposition involving two or more administrative agencies, it shall promptly cooperate with the relevant administrative agencies to ensure that the disposition is not unduly delayed. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 19 (Establishment and Public Availability of Processing Periods) (1) For the convenience of applicants, administrative agencies shall determine in advance standard periods of time needed to process by type of dispositions and shall make them available to the public. (2) Where it is difficult to process an application within the processing period provided under
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paragraph (1) due to any unavoidable cause, the administrative agency may extend the period only once and within the span of the processing period for the disposition.
(3) Where an administrative agency extends the processing period provided under paragraph (2), it shall notify without delay the applicant of the grounds for such extension and the expected date for completion of the processing.
(4) Where an administrative agency fails to process an application within a due processing period, the applicant may request the relevant administrative agency or its supervisory administrative agency to promptly process his/her application.
(5) The period not to be included in the processing period provided under paragraph (1) shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 20 (Establishment and Public Availability of Disposition Standards) (1) Each administrative agency shall determine and make available to the public necessary disposition standards as concretely as possible in view of the nature of the relevant dispositions. The same shall also apply to any modification of the disposition standards. (2) The public availability of disposition standards under paragraph (1) may be omitted when such is impractical in light of the nature of the relevant dispositions or when it is reasonably deemed that the public availability might significantly undermine the safety and welfare of the general public.
(3) Where the disposition standards publicly available are unclear, concerned parties, etc. may request the relevant administrative agency to give interpretation or explanation thereof. In such cases, the administrative agency shall comply with such request unless there are special circumstances.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 21 (Prior Notice of Disposition) (1) Where an administrative agency renders a disposition that imposes duties on relevant parties or restricts their rights or interests, it shall give such parties, etc. prior notice of the following:
1. Title of the disposition; 2. Full names or agency names of the relevant parties and their addresses; 3. The factual grounds for the disposition, and the content of, and legal basis for, the disposition; 4. Advice that the relevant parties, etc. may present their opinions on the matters specified in
subparagraph 3, and the processing method when no opinions are presented; 5. The name and address of the agency to which opinions may be presented; 6. Deadline for presenting opinions; 7. Other necessary matters. (2) Where an administrative agency seeks to proceed with a hearing, it shall give the relevant parties, etc. notice of the matters listed under paragraph (1) at least ten days before the commencement of the hearing. In such cases, the matters specified in paragraph (1) 4 through 6 shall be substituted by those required for the hearing, such as the affiliations, official positions, and full names of presiding officers, the time and venue of the hearing, and way of handling where the relevant parties, etc. do not attend the hearing.
(3) The deadline mentioned in paragraph (1) 6 shall be determined, considering mote than 10 days as an adequate period necessary to present opinions. <Amended by Act No. 16778, Dec. 10, 2019>
(4) Notice under paragraph (1) may be omitted in any of the following cases: 1. Where an urgent disposition is necessary for the safety and welfare of the general public; 2. Where the non-existence or loss of qualifications required under statutes, etc., which must be
followed by a certain disposition, is objectively verified by a court judgment, etc.; 3. Where reasonable grounds exist to acknowledge that hearing of opinion is highly impractical or
clearly unnecessary in light of the nature of the relevant disposition.
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(5) Detailed conditions under which prior notice may be omitted under paragraph (4), such as a case where the factual grounds for a disposition are objectively verified by the judgment of a court, shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12347, Jan. 28, 2014>
(6) Where prior notice is omitted under paragraph (4), an administrative agency shall inform the relevant parties, etc. of the grounds for such omission: Provided, That if an urgent disposition is necessary, the grounds for omission may be informed after the disposition is rendered. <Newly Inserted by Act No. 12923, Dec. 30, 2014>
(7) Where a notice is given to the relevant parties, etc. pursuant to paragraph (6), Article 24 shall apply mutatis mutandis. <Newly Inserted by Act No. 12923, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 22 (Seeking Opinions) (1) In rendering disposition, an administrative agency shall hold a hearing in any of the following cases: <Amended by Act No. 12347, Jan. 28, 2014>
1. Where a hearing is required by other Acts or subordinate statutes, etc.; 2. Where deemed necessary by an administrative agency; 3. Where an application is filed by a relevant party, etc. by the deadline for presenting opinions
under Article 21 (1) 6 in rendering any of the following disposition: (a) Revocation of authorization, permission, etc.; (b) Relinquishment or disqualification from status; (c) Revocation of permission to incorporate a legal entity, partnership, etc.
(2) In rendering disposition, an administrative agency shall hold a public hearing in any of the following cases: <Amended by Act No. 16778, Dec. 10, 2019>
1. Where a public hearing is required by other Acts or subordinate statutes, etc.; 2. Where deemed necessary by an administrative agency to gather wide ranging opinions
considering the potentially extensive influence of the relevant disposition; 3. Where, with respect to any disposition prescribed by Presidential Decree which has much effect
on the life of the people, the parties to such disposition, etc. whose number is not less than that prescribed by Presidential Decree request the holding of hearings.
(3) Where an administrative agency renders disposition that imposes duties on relevant parties or restricts their rights or interests, it shall give the relevant parties, etc. an opportunity to present their opinions, except in cases of paragraph (1) or (2).
(4) Notwithstanding paragraphs (1) through (3), seeking opinions may be omitted in cases falling under any of the subparagraphs of Article 21 (4) or if the relevant parties have clearly indicated their intent to renounce their right to state their opinions.
(5) When a hearing, public hearing, or presenting opinions is complete, administrative agencies shall promptly render disposition to ensure that the relevant disposition is not unduly delayed.
(6) Upon request by relevant parties, etc. within one year after rendering disposition, administrative agencies shall return documents and other materials received for the hearing, public hearing, or presenting opinions.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 23 (Declaration of Reasons for Dispositions) (1) In rendering dispositions, administrative agencies shall explain the basis and reasons for such dispositions to the parties except in cases falling under any of the following:
1. Where a disposition fully accepts the contents of the application; 2. Where a disposition is simple and repetitious or minor and so the party can clearly understand
the reasons it is rendered; 3. Where a disposition is rendered to meet an urgent need. (2) In cases of paragraph (1) 2 and 3, administrative agencies shall, ex post facto, explain the basis and reasons for dispositions to the parties upon their request.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
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Article 24 (Methods of Dispositions) (1) In rendering dispositions, administrative agencies shall do so in writing except as otherwise specifically provided in other Acts and subordinate statutes, etc., and, where such rendering is made in the form of electronic document, they shall obtain the consent of the concerned parties, etc.: Provided, That in cases necessitating prompt actions or in cases of minor matters, such dispositions may be rendered by way of oral statement or other methods. In such cases, administrative agencies shall deliver, without delay, a written notice of disposition to the concerned parties upon their request. (2) Any written notice of disposition shall state the name of the administrative agency rendering the disposition and the affiliation, full name, and point of contact (referring to the telephone number, fax number, electronic mail address, etc.) of the person in charge.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 25 (Correction of Dispositions) Where any clerical error, miscalculation, or other conspicuous errors similar thereto are found in dispositions, the administrative agencies shall promptly correct them ex officio or upon application and notify the concerned parties thereof. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 26 (Notice) In rendering dispositions, administrative agencies shall notify the concerned parties of whether any administrative appeal, administrative litigation, or other remedial request may be filed, and if so the filing procedure and deadline and other necessary matters. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
SECTION 2 Presentation of Opinions and Hearings
Article 27 (Presentation of Opinions) (1) Concerned parties, etc. may present their opinions regarding dispositions to the competent administrative agencies in writing, orally, or by means of information and communications networks, before such dispositions are rendered. (2) When presenting opinions under paragraph (1), concerned parties, etc. may concurrently submit documentary evidence, etc. supporting their arguments.
(3) Where concerned parties, etc. present their opinions by oral statement, the administrative agencies shall record in writing the major points of the statement and the names of those who have made the statement.
(4) Where concerned parties, etc. fail to present their opinions within the designated time limit without justifiable grounds, it shall be deemed that they have no opinions.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 27-2 (Reflection of Presented Opinions) (1) In rendering dispositions, administrative agencies shall reflect opinions presented by concerned parties, etc. if deemed that they have convincing grounds. <Amended by Act No. 16778, Dec. 10, 2019> (2) Where an administrative agency takes any disposition without reflecting the opinions presented by the parties thereto, etc., it shall, if requested to explain that ground, inform such parties, etc. in writing of the ground therefor within 90 days from the date the parties becomes aware that such disposition has been taken: Provided, That, if the parties, etc. agree, the administrative agency may inform orally, through information and communications networks, or by any other means. <Newly Inserted by Act No. 16778, Dec. 10, 2019>
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 28 (Presiding Officers of Hearings) (1) An administrative agency shall fairly designate the presider of a hearing from among either their personnel or the persons holding qualifications prescribed by Presidential Decree. <Amended by Act No. 16778, Dec. 10, 2019> (2) Administrative agencies shall give the presiding officers of hearings prior notice of materials necessary for hearings by seven days before the commencement of the hearings. <Newly Inserted by Act No. 12347, Jan. 28, 2014>
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(3) The presiding officers of hearings shall independently and fairly perform their duties and shall not be accorded any unfavorable treatment in their status against their will on grounds of having performed such duties. <Amended by Act No. 12347, Jan. 28, 2014>
(4) The presiding officers of hearings designated from among those prescribed by Presidential Decree under paragraph (1) shall be deemed public officials for the purposes of penal provisions under the Criminal Act and other Acts. <Amended by Act No. 12347, Jan. 28, 2014>
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 29 (Exclusion, Recusation, and Abstention of Presiding Officials) (1) No hearing shall be presided over by a presiding official that falls under any of the following: <Amended by Act No. 16778, Dec. 10, 2019>
1. Where he/she is a concerned party, etc. or is or was a relative within a degree of kinship falling under any of the subparagraphs of Article 777 of the Civil Act with a concerned party, etc.;
2. Where he/she has rendered a testimony or expert examination involved in the relevant disposition;
3. Where he/she is or was involved in the relevant disposition as the agent of a concerned party, etc.;
4. Where he/she himself/herself is or was engaged in the affairs of the relevant disposition; 5. Where he/she works at the department in charge of handling the affairs of the relevant
disposition. In such cases, the detailed scope of such department shall be prescribed by Presidential Decree.
(2) Where the presiding official of a hearing has any ground to undermine the fair progression of the hearing, the concerned party, etc. may file an application to recuse the presiding official with the competent administrative agency. In such cases, the administrative agency shall suspend the hearing and replace the presiding official of the hearing without delay if the application is deemed reasonable.
(3) Where the presiding official of a hearing falls under paragraph (1) or (2), he/she may voluntarily abstain from presiding over the hearing with the approval of the competent administrative agency.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 30 (Open Hearings) A hearing may be open to the public if a concerned party so requests or the presiding official of the hearing deems it necessary: Provided, That it shall not be open to the public when the open hearing might remarkably prejudice the public good or legitimate interests of any third party. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 31 (Progression of Hearings) (1) In commencing a hearing, the presiding official shall first explain the contents of the scheduled disposition in question, its factual background, legal basis, etc. (2) Concerned parties, etc. may state their opinions, submit documentary evidence, and address questions to relevant witnesses, expert witnesses, etc.
(3) Where concerned parties, etc. submit their opinions in writing, the contents thereof shall be deemed stated in person at the relevant hearing.
(4) The presiding official of a hearing may take measures necessary to ensure the prompt and orderly progress of the hearing.
(5) Where an administrative agency intends to hold any subsequent session of a hearing, it shall notify the concerned parties, etc. of the date and time and location of the subsequent session either in writing or, subject to the consent of the concerned parties, etc., in the form of electronic document: Provided, That for concerned parties, etc. in attendance at the hearing, the presiding official may make notification thereof orally at the date of the hearing.
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[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 32 (Consolidation and Separation of Hearings) Administrative agencies may hold hearings ex officio or upon the application of concerned parties by consolidating or separating several cases. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 33 (Examination of Evidence) (1) The presiding official of a hearing may, ex officio or upon the application of a concerned party, conduct necessary examinations and also examine facts that concerned parties, etc. have not claimed. (2) Examination of evidence shall be conducted in any manner described below: 1. Collection of evidential data such as documents, ledgers, and materials; 2. Inquiries to relevant witnesses, expert witnesses, etc.; 3. Verification or appraisal and assessment; 4. Other necessary examinations. (3) Where deemed necessary, the presiding official of a hearing may request the administrative agencies concerned to submit necessary documents or state their opinions. In such cases, the administrative agencies so requested shall comply therewith unless there are any special circumstances obstructing the execution of their duties.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 34 (Records of Hearings) (1) The presiding official of a hearing shall keep a record of the hearing that states the following matters:
1. Title; 2. Personal information on the presiding official of the hearing, including his/her affiliation and full
name; 3. Domiciles, full names or titles, and the attendance of the concerned parties, etc.; 4. Date and time and location of the hearing; 5. The abstract of statements of the concerned parties, etc. and the evidence submitted; 6. Whether or not the hearing is open to the public and, if so or if not under the proviso to
Article 30, the grounds therefor; 7. The abstract and appended evidence when engaged in the examination of evidence; 8. Other necessary matters. (2) Concerned parties, etc. may inspect and review the contents of the hearing record and request the correction thereof if they have any objection thereto.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 34-2 (Statements of Presiding Officials’ Views) The presiding official of a hearing shall draw up a statement of his/her own views that includes the following:
1. Title of the hearing; 2. Contents of the disposition and major facts or evidence; 3. General views; 4. Other necessary matters. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 35 (Conclusion of Hearings) (1) Where the presiding official of a hearing deems that the presentation of opinions by concerned parties, etc. and the examination of evidence regarding the relevant case have been completed, he/she may conclude the hearing. (2) Where all or any of concerned parties, etc. are not in attendance at the fixed date of a hearing without justifiable grounds or fail to submit their opinions in writing under Article 31 (3), the presiding official may conclude the hearing without granting them further opportunities for submitting opinions and evidence.
(3) Where all or any of concerned parties, etc. are unable to be in attendance at the date and
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time of a hearing or to submit their opinions in writing under Article 31 (3) on justifiable grounds, the presiding official shall request them to submit opinions and evidence specifying a period of at least 10 days and may conclude the hearing when such a period expires. <Amended by Act No. 16778, Dec. 10, 2019>
(4) Where the presiding official of a hearing concludes the hearing, he/she shall submit without delay to the competent administrative agency the records of the hearing, the statement of his/her own views, and other related documents.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 35-2 (Reflection of Results of Hearings) Administrative agencies shall carefully review the records of hearings, the statements of the views of presiding officials, and other related documents received under Article 35 (4) and, if deemed reasonable, reflect the results of the hearings in rendering dispositions. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 36 (Reopening of Hearings) If an administrative agency deems it necessary to reopen a hearing due to the revelation of new facts between the time when the hearing is concluded and the time when a disposition is rendered, it may return the records, etc. of the hearing received under Article 35 (4) and order the reopening of a hearing. In such cases, Article 31 (5) shall apply mutatis mutandis. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 37 (Inspection of Documents and Confidentiality) (1) Concerned parties, etc. may request an administrative agency to allow the inspection or duplication of the documents regarding the examination results of the case and other documents pertaining to the relevant disposition, between the time when the notice of the hearing is given and the time when the hearing is concluded. In such cases, the administrative agency may not deny such a request, except where those documents are required to be kept confidential by other Acts and subordinate statutes. (2) Where an administrative agency complies with a request for inspection or duplication under paragraph (1), it may designate the date and time and location for such inspection or duplication.
(3) Where an administrative agency denies a request for inspection or duplication under the latter part of paragraph (1), it shall give an explanation therefor.
(4) The scope of the documents subject to inspection or duplication under paragraph (1) shall be prescribed by Presidential Decree.
(5) Administrative agencies may charge costs incurred in duplication under paragraph (1) to those who requested it.
(6) No one shall, without justifiable grounds, leak or use for other purposes privacy or business or transaction secrets of another person learned through hearings.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
SECTION 3 Public Hearings
Article 38 (Announcement of Holding of Public Hearings) To hold a public hearing, an administrative agency shall, at least 14 days before the commencement of the public hearing, notify the concerned parties, etc. of the following and inform the general public by publishing it in the Official Gazette, official bulletins, its internet homepage, daily newspapers, etc.: Provided, That in cases of newly determining the date and place due to failing to hold a public hearing as scheduled after the notification thereof, the administrative agency shall inform such date and place seven days before holding a public hearing : <Amended by Act No. 16778, Dec. 10, 2019>
1. Title; 2. Date and time, and location; 3. Main contents;
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4. Information about presenters; 5. Methods of application for presentation and the term of application; 6. Presentation of opinions by means of information and communications networks; 7. Other necessary matters for holding the public hearing. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 38-2 (Electronic Public Hearings) (1) An administrative agency may hold a public hearing through information and communications networks (hereinafter referred to as "electronic public hearing") only in parallel with a public hearing under Article 38. (2) Where an administrative agency holds an electronic public hearing, it shall build and operate information and communications networks with appropriate electronic processing systems to enable presentation of opinions and participation in discussion.
(3) Where an electronic public hearing is held, any person may present opinions or participate in discussion on presented opinions through information and communications networks.
(4) Necessary matters for methods and procedures of holding electronic public hearings, other than those provided in paragraphs (1) through (3), shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 38-3 (Selection of Presiding Officials and Presenters of Public Hearings) (1) An administrative agency shall designate the presider of a public hearing from among those with qualifications prescribed by Presidential Decree who have professional knowledge in the field related to the topic of such public hearing, or experience in the relevant field. <Amended by Act No. 16778, Dec. 10, 2019>
(2) Presenters of a public hearing shall be selected by the competent administrative agency from among applicants for presentation: Provided, That the administrative agency may designate or commission presenters from among the following persons, in the absence of any applicant for presentation or when deemed necessary to ensure fairness in the public hearing:
1. Concerned parties, etc. to the topic of the public hearing; 2. Persons with expert knowledge in the field related to the topic of the public hearing; 3. Persons with professional experience in the field related to the topic of the public hearing. (3) Each administrative agency shall endeavor to ensure fairness in designating, commissioning, or selecting the presiding official and presenters of a public hearing.
(4) Presiding officials and presenters of public hearings and other experts, etc. who provide materials for the public hearings may be reimbursed for allowances, travel expenses, and other necessary expenses within budgetary limits.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 39 (Format of Public Hearings) (1) The presider of a public hearing shall preside over the public hearing in a fair manner, may restrict the contents of presentations to ensure the smooth operation of the public hearing, and take necessary measures as determined by the Minister of the Interior and Safety, including issuance of an order to stop speech or exit the public hearing, to maintain order. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Presenters shall only address matters directly related to the topic of the public hearing. (3) The presider of a public hearing shall, upon completion of presentations, allow questions and answers among the presenters and give the audience opportunities to speak their opinions.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 39-2 (Reflection of Results of Public Hearings and Electronic Public Hearings)
Where administrative agencies recognize that there exist reasonable grounds for the facts and opinions presented through public hearings, electronic public hearings, information and communications networks, etc.,, they shall reflect such facts and opinions in rendering a disposition.
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[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 39-3 (Re-holding of Public Hearing) Where it is deemed necessary to hold a public hearing again because any new facts are discovered before the disposition is made after completing a public hearing, the administrative agency may hold a public hearing again. [This Article Newly Inserted by Act No. 16778, Dec. 10, 2019]
CHAPTER III REPORTS
Article 40 (Reports) (1) Where Acts and subordinate statutes, etc. provide for reports that release a person from a liability by notifying an administrative agency of specified matters, the administrative agency in control of the reports shall post a notice (including any notice on the Internet, etc.) of the required documents, the receiving agency for the reports, and other necessary matters provided under Acts and subordinate statutes, etc. or furnish the relevant manual to make it available to the general public for inspection. (2) Where a report under paragraph (1) meets the following conditions, the reporting obligation shall be deemed fulfilled upon the arrival of the report at the receiving agency:
1. Where no defects are found in the report; 2. Where the required documents are duly appended; 3. Where the report conforms to the formalities provided in Acts and subordinate statutes, etc. (3) Where an administrative agency receives a report that fails to meet the conditions of the subparagraphs of paragraph (2), it shall require without delay the person who filed the report to supplement it, specifying a considerable period.
(4) Where a person who filed a report fails to supplement it within the period mentioned in paragraph (3), the competent administrative agency shall return such report, specifying the reasons therefor.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
CHAPTER IV ADMINISTRATIVE PREANNOUNCEMENT OF LEGISLATION
Article 41 (Administrative Pre-Announcement of Legislation) (1) In cases of enacting, amending, or abolishing an Act, subordinate statute, etc. (hereinafter referred to as “legislation”), the administrative agency that has prepared the relevant draft legislation shall pre-announce it: Provided, That the administrative agency may omit such pre-announcement in any of the following cases: <Amended by Act No. 11498, Oct. 22, 2012>
1. Where legislation requires urgency due to the necessity of prompt protection of citizens’ rights or the occurrence of any extraordinary circumstances that have not been expected;
2. Where legislation is simply required for the enforcement of a senior Act, subordinate statute, etc.;
3. Where the contents of legislation have no relation to the rights and obligations or daily lives of citizens;
4. Where pre-announcement is deemed unnecessary or difficult considering the nature of the contents of legislation, such as simple modification of expressions or wording;
5. Where pre-announcement might seriously undermine the public safety or welfare. (2) Deleted. <by Act No. 6839, Dec. 30, 2002> (3) Where the Minister of Legislation receives a request for review of a draft Act, subordinate statute, etc. the pre-announcement of legislation of which has not been made, he/she may recommend the relevant administrative agency to make the pre-announcement or directly make the pre-announcement, if such pre-announcement of legislation is deemed necessary. <Amended by Act No. 11498, Oct. 22, 2012>
(4) Where any important modification as prescribed by Presidential Decree is intended for a
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pre-announced draft legislation, such as addition of any provisions directly related to citizens’ livelihood, the administrative agency that has prepared such draft legislation shall make the additional pre-announcement of the relevant portions: Provided, That the administrative agency may omit such additional pre-announcement in cases falling under any of the subparagraphs of paragraph (1). <Newly Inserted by Act No. 11498, Oct. 22, 2012>
(5) Necessary matters regarding the standards, procedures, etc. for the pre-announcement of legislation shall be prescribed by Presidential Decree. <Amended by Act No. 11498, Oct. 22, 2012>
Article 42 (Methods of Pre-Announcement) (1) An administrative agency shall publish an announcement of the purports, major content or full text of a draft of legislation by methods classified in the following subparagraphs, and may additionally publish an announcement thereof through the Internet, newspapers, broadcasting, etc.: <Amended by Act No. 16778, Dec. 10, 2019>
1. In cases of making a pre-announcement of legislation for an Act or subordinate statute: Public announcement through the Official Gazette and the information system established and provided by the Minister of Legislation;
2. In cases of making a pre-announcement of legislation for a municipal ordinance or rule: Public announcement through official bulletins.
(2) Where an administrative agency makes a pre-announcement of legislation for a Presidential Decree, it shall submit the Presidential Decree to the competent standing committee of the National Assembly.
(3) Where an administrative agency makes a pre-announcement of legislation, it shall notify central administrative agencies, local governments, and other organizations deemed related to the draft legislation, of the pre-announcement of legislation by giving notice of the matters to be pre-announced or using other means.
(4) Administrative agencies may extensively collect public opinions on the draft legislation pre-announced pursuant to paragraph (1), through electronic public hearings, etc. In such cases, Article 38-2 (2) through (4) shall apply mutatis mutandis.
(5) Where an administrative agency receives a request for the inspection or duplication of the full text of a pre-announced draft legislation, it shall comply therewith, unless there exist special circumstances.
(6) Administrative agencies may charge costs incurred in duplication under paragraph (5) to those who requested the duplication.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 43 (Pre-Announcement Period) The period for pre-announcement of legislation shall be determined at the time of the pre-announcement and shall not be less than 40 days (20 days in cases of municipal ordinances and rules) in the absence of special circumstances. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 44 (Presentation of Opinions and Processing thereof) (1) Any person may present his/her opinions about a pre-announced draft legislation. (2) Where an administrative agency makes a pre-announcement of legislation, it shall include in the pre-announcement the receiving agency for opinions, the period for presenting opinions, and other necessary matters.
(3) Where an administrative agency receives opinions regarding a draft legislation, it shall respect the opinions and process them accordingly, unless there are special circumstances.
(4) Administrative agencies shall notify the presenters of opinions of the processing results of such opinions.
(5) Matters regarding the methods of processing presented opinions and the notification of the processing results shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 45 (Public Hearings) (1) With respect to draft legislation, administrative agencies may hold
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public hearings. (2) With respect to public hearings, Articles 38, 38-2, 38-3, 39, and 39-2 shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
CHAPTER V PRE-ANNOUNCEMENT OF ADMINISTRATION
Article 46 (Pre-Announcement of Administration) (1) Where an administrative agency intends to formulate, implement, or change any policy, system, and plan (hereinafter referred to as "policy, etc."), it shall make a pre-announcement thereof: Provided, That a pre-announcement may be omitted in any of the following cases: <Amended by Act No. 16778, Dec. 10, 2019>
1. Where it is significantly difficult to make a pre-announcement due to urgent reasons, such as necessity for prompt protection of the rights of the people or the occurrence of unpredictable special circumstances;
2. Where a policy, etc, is simply for enforcing Acts and subordinate statutes, etc.; 3. Where the content of a policy, etc. are not related to the rights, duties, or daily life of the
people; 4. Where the pre-announcement of a policy, etc. is highly likely to impair public safety or
welfare. (2) Notwithstanding paragraph (1), pre-announcement of administration may be substituted by pre-announcement of legislation when the former includes the introduction of Acts and subordinate statutes, etc.
(3) The period for pre-announcement of administration shall be determined taking into consideration the nature, etc. of such pre-announcement and shall not be less than 20 days, unless special circumstances exist.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 46-2 (Compilation and Public Announcement of Statistics on Pre-Announcements
of Administration) Administrative agencies shall compile annual statistics on the status of implementation and results of their own pre-announcements of administration and shall publish them through the Official Gazette, official bulletins, the Internet website, etc. [This Article Newly Inserted by Act No. 12347, Jan. 28, 2014]
Article 47 (Method of Pre-Announcement) (1) Administrative agencies shall publish an announcement of the purports and major content of a draft of a policy, etc. through the Official Gazette, official bulletins, the Internet, newspapers, broadcasting, etc. (2) Articles 38, 38-2, 38-3, 39, 39-2, 39-3, 42 (excluding paragraphs (1), (2) and (4)), 44 (1) through (3) and 45 (1) shall apply mutatis mutandis to the mehtod of pre-announcement of administration, the submission and handling of opinions, and public hearings and electronic public hearing. In such cases, "bill of legislation" shall be deemed as "draft of a policy, etc.", "pre-announcement of legislation" as "pre-announcement of administration", and "when taking a disposition" as “when formulating, implementing or changing a policy, etc."
[This Article Wholly Amended by Act No. 16778, Dec. 10, 2019]
CHAPTER VI ADMINISTRATIVE GUIDANCE
Article 48 (Principles of Administrative Guidance) (1) Administrative guidance shall be rendered only to the minimum extent required to attain its purpose and shall not be unjustly exercised against the will of the other party to such administrative guidance. (2) No administrative agency shall treat any other party to administrative guidance disadvantageously on grounds of his/her non-compliance with the administrative guidance.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
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Article 49 (Methods of Administrative Guidance) (1) Any person rendering administrative guidance shall make clear to the subject party both his/her own identity and the purposes and contents of the administrative guidance. (2) Where administrative guidance is rendered by oral statement, the person imposing the administrative guidance shall, where requested by the subject party, provide the information referred to in paragraph (1) in writing, so long as no extraordinary administrative inconvenience arises thereby.
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 50 (Presentation of Opinions) The subject party to administrative guidance may present his/her opinions to the competent administrative agency in regard to the methods, contents, etc. of the administrative guidance. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 51 (Administrative Guidance Directed to More Than One Person) Where an administrative agency intends to render administrative guidance to more than one person in order to achieve a common administrative objective, it shall make the common contents serving such objective known to the general public, unless special circumstances exist. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
CHAPTER VII STRENGTHENING CITIZEN PARTICIPATION
Article 52 (Endeavors to Strengthen Citizen Participation) Administrative agencies shall endeavor to provide various types of opportunities for participation and cooperation to strengthen citizen participation in the administrative process. [This Article Newly Inserted by Act No. 12347, Jan. 28, 2014]
Article 53 (Online Policy Debates) (1) An administrative agency may hold a policy debate using information and communications networks (hereafter referred to as “online policy debate” in this Article) to widely gather diverse and creative opinions from citizens about major policy issues, etc. affecting citizens. (2) An administrative agency may organize a temporary debate panel by subject and allow such panel to participate in the relevant debate to hold more effective online policy debates. In such cases, an administrative agency shall endeavor to ensure fairness and objectivity in organizing a panel.
(3) An administrative agency may take measures necessary to ensure that online policy debates can be conducted fairly and impartially.
(4) The organization and working methods of debate panels, and other matters necessary for conducting online policy debates, shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12347, Jan. 28, 2014]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 54 (Defrayment of Expenses) Expenses incurred in relation to administrative procedures shall be borne by administrative agencies: Provided, That the same shall not apply to expenses defrayed by relevant parties, etc. for their own benefit. [This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 55 (Reimbursement of Expenses for Relevant Witnesses, etc.) (1) An administrative agency may reimburse relevant witnesses, expert witnesses, etc. necessary for progression of administrative procedures for travel expenses and provide daily allowances within budgetary limits. (2) The criteria, etc. for reimbursement of expenses under paragraph (1) shall be prescribed by Presidential Decree.
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[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
Article 56 (Request for Cooperation, etc.) The Minister of the Interior and Safety (referring to the Minister of Legislation in the case of Chapter IV) shall endeavor to efficiently administer this Act and, if necessary, may check the current status and conditions of administration thereof, and may request administrative agencies concerned to provide relevant data or other cooperation. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 11498, Oct. 22, 2012]
ADDENDA <Act No. 16778, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation. Article 2 (Applicability to Prior Notification of Disposition)
The amended provisions of Article 21 (3) shall begin to apply to prior notification of dispositions made after this Act enters into force.
Article 3 (Applicability to Reflection of Presented Opinions)
The amended provisions of Article 27-2 (2) shall begin to apply to cases where the parties, etc. present their opinions after this Act enters into force.
Article 4 (Applicability to Public Hearing)
(1) The amended provisions of Article 29 (1) 5 shall begin to apply to presiders of public hearings designated after this Act enters into force.
(2) The amended provisions of Article 35 (3) shall begin to apply to public hearings commenced after this Act enters into force.
Article 5 (Applicability to Designation of Presider of Public Hearing)
The amended provisions of Article 38-3 (1) shall begin to apply to presiders of public hearings designated after this Act enters into force.
Article 6 (Applicability to Pre-Announcement of Administration)
The amended provisions of Article 46 (1) shall begin to apply to policies, etc. formulated, implemented, or changed after this Act enters into force.