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Selected Statutes of the Republic of Korea |
제4편 행정일반 행정절차법
Act No. 5241, Dec. 31, 1996
Amended by Act No. 5809, Feb. 5, 1999
Act No. 6839, Dec. 30, 2002
Act No. 7904, Mar. 24, 2006
Act No. 8451, May 17, 2007
CHAPTER Ⅰ GENERAL PROVISIONS
SECTION 1 Purpose, Definition and Scope of
Application
Article 1 (Purpose)
The purpose of this Act is to attain fairness, transparency, and confidence in administration, and to protect the rights and interests
of citizens, encouraging citizens participation in administration by stipulating the
common matters regarding administrative procedures.
Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 6839, Dec. 30, 2002>
1. The term administrative agencies means agencies of the State or
local governments which make administrative decisions, or public or- ganizations and their agencies, or other individuals with
authority
or authority delegated or consigned under relevant Acts and subor-
dinate statutes and Municipal Ordinances and Rules (hereinafter referred to as the Acts, etc. );
2. The term dispositions means the exercises of public authority, its
denial or other corresponding administrative functions in adminis- trative agencies application of Acts to particular
facts;
3. The term administrative guidance means the administrative func-
tions of guidance, recommendation, and advice, or other acts by which an administrative agency seeks, within the scope of its
duties or
jurisdictional functions, certain feasance or nonfeasance on the part
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of specified persons in order to realize administrative aims;
4. The term parties means the direct counter parties of the disposition of administrative agencies, or interested parties who
are requested to participate in the administrative procedure by administrative
agencies ex officio or upon applications;
5. The term hearing means the procedure of directly hearing the opinion
of parties and investigating the evidence prior to any dispositions by administrative agencies;
6. The term public hearing means the procedure by the administrative agencies of extensively collecting the opinions of parties,
persons with expert knowledge and experience, and the general public regarding any administrative functions through open discussions;
7. The term submission of opinions means the procedure of presenting opinions by parties prior to any administrative functions
of the ad-
ministrative agencies, neither through a hearing nor in a public hearing;
8. The term electronic message means information generated, sent, received or stored in an electronic form through information
proc-
essing systems, including computers; and
9. The term information and communications networks<.. image removed ..>means the information and communications system by which telecommunica-
tions facilities and equipment are utilized or the telecommunications facilities and equipment, computers, and the technology
of using
computers are together utilized to gather, process, search, send or
receive information.
Article 3 (Scope of Application)
(1) Where there exist no special provisions in other Acts with respect to the procedures of dispositions, notifications,
administrative pre-
announcement of legislation, pre-announcement of dispositions and ad-
ministrative guidance (hereinafter referred to as the administrative procedures ), such matters shall be applied by this
Act.
(2) This Act shall not apply to the matters falling under any of the following subparagraph: <Amended by Act No. 5809, Feb. 5, 1999>
1. Matters to be conducted with resolution, assent or approval of the
National Assembly or local municipal council;
2. Matters to be conducted by or through judgements of the court or military court or execution thereof;
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제4편 행정일반 행정절차법
3. Matters to be conducted through rulings of the Constitutional Court;
4. Matters to be conducted through the resolution of the Election Man- agement Commission of various levels;
5. Matters to be conducted by the Board of Audit and Inspection following the ruling of the Council of Commissioners;
6. Matters to be conducted in accordance with the Acts and subordinate
statutes on criminal and prison administration and security measures;
7. Matters concerning national security, national defense, diplomacy and reunification which could severely harm the national interest
if
they go through the administrative procedures;
8. Matters in the procedures for the request of review, maritime safety inquiry, tax trial, patent trial, administrative appeal and
other ap-
peals; and
9. Matters as prescribed by the Presidential Decree, against which the completion of administrative procedures are unsuitable or
unneces-
sary due to the nature of administrative functions or against which the procedures comparable to the administrative procedures have
been
completed, such as conscription and summon pursuant to the Military
Service Act, entry and departure of foreigners, recognition of refugee status, naturalization, disciplinary actions or dispositions
pursuant
to the Acts and subordinate statutes related to public official service,
or mediation, conciliation, arbitration, ruling, and other dispositions pursuant to the Acts and subordinate statutes related to settlement
of disputes.
Article 4 (Faithfulness and Sincerity, and Protection of Trust)
(1) In the performance of their duties, the administrative agencies shall be sincere and faithful.
(2) When the interpretation of Acts and subordinate statutes or the cus-
toms of an administrative agency is generally accepted by the citizens, with the exception of cases where there is a risk of considerable
harm
to the public good or interests of third parties, then the new interpre- tation or customs shall not be applied disadvantageously
in refractivity.
Article 5 (Transparency)
The contents of the administrative functions performed by the admin- istrative agencies shall be concrete and clear, and in case the contents of Acts and subordinate statutes forming the basis of administrative
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functions are not clear, the counter parties may request the administrative
agencies concerned to interpret them. In such cases, to the extent there are no special reasons, the administrative agencies concerned
shall comply
with the request.
SECTION 2 Jurisdiction of and Cooperation among
Administrative Agencies
Article 6 (Jurisdiction)
(1) If an administrative agency receives the cases which is beyond its jurisdiction initially or by transfer from another jurisdiction,
then such cases shall be transferred to the relevant administrative agency with jurisdiction without delay and this fact shall
be notified to the appli- cants. The same shall apply to cases where there is a modification in jurisdiction after the receipt
by the administrative agency.
(2) In case where the scope of jurisdiction of the administrative agencies is not clear, the jurisdiction shall be decided by the
senior administra- tive agencies supervising both administrative agencies concerned, and
when there is no such senior administrative agency supervising, the
jurisdiction shall be decided with the consultation of the senior admin- istrative agencies involved.
Article 7 (Cooperation among Administrative Agencies)
For the purpose of harmonious execution of administrative functions, there shall be cooperation among administrative agencies.
Article 8 (Administrative Assistance)
(1) In case falling under any of the following subparagraphs, an admin- istrative agency may request other administrative agency for
admin- istrative assistance: <Amended by Act No. 6839, Dec. 30, 2002>
1. In case where the execution of its duties by itself is difficult because of Acts and subordinate statutes;
2. In case where the execution of duties by itself is difficult because of
de facto causes such as the deficit of personnel, equipment, etc.;
3. In case where the cooperation of a specialized agency affiliated with other administrative agency is necessary;
4. In case where documents (including electronic messages; hereinafter the same shall apply), statistics, and other administrative
data man-
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제4편 행정일반 행정절차법
aged by another administrative agency are necessary for the execu-
tion of its duties; and
5. In case where the execution of its duties with the assistance of other
administrative agencies is deemed more efficient and economical. (2) The administrative agency requested for administrative
assistance under paragraph (1) above may deny the request in cases falling under
any of the following subparagraphs:
1. When there are clear grounds that another administrative agency may provide more efficient or economical assistance; and
2. When there is a clear reason for the significant impediment to the execution of proper duties because of providing for
the administrative assistance.
(3) The request for administrative assistance shall be made to the ad- ministrative agencies with the capability to directly assist
the duties con- cerned.
(4) In case where the administrative agency receiving the request for ad- ministrative assistance denies the assistance, the reasons
shall be notified to the administrative agencies requesting the assistance.
(5) Staff dispatched for the purpose of administrative assistance shall be under the direction and supervision of the administrative
agency
requesting the assistance: Provided,That when matters pertaining to the
service of the staff concerned are specially stipulated by other Acts and subordinate statutes, it shall be governed by the provisions
thereof. (6) The expenses required for the administrative assistance shall be borne
by the administrative agency requesting the assistance and the amount and payment method of the expense shall be decided by consultation
between the administrative agency requesting the assistance and the
administrative agency conducting the assistance.
SECTION 3 Parties
Article 9 (Qualifications of Parties)
Any person falling under any of the following subparagraphs may be a party in administrative procedure:
1. An individual;
2. A juristic person or a association or foundation which is not a legal
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person (hereinafter referred to as a juristic persons, etc. ); and
3. A person eligible to be the subject of rights and duties pursuant to other Acts and subordinate statutes.
Article 10 (Succession of Status)
(1) The successors due to the death of parties or persons succeeding the rights and interests of the parties pursuant to other Acts
and subordinate statutes shall succeed the status of parties.
(2) When there is a merger between juristic persons who are parties, the juristic person surviving or newly established after the
merger shall succeed the status of parties concerned.
(3) A person succeeding the status of parties under paragraphs (1) and (2)
above shall notify it to the administrative agencies.
(4) A person defactoacquiring by transfer the rights and interests under
dispositions may succeed the status of parties with the authorization of the administrative agencies concerned.
(5) The notification by the administrative agencies to the deceased or predecessor juristic persons of the merger before being
notified under
paragraph (3) above shall have effect on the person succeeding the status
of parties under paragraphs (1) and (2) above.
Article 11 (Representatives)
(1) When two or more parties are jointly performing acts relating to ad- ministrative procedures, the parties may appoint their representatives.
(2) When parties appoint no representative under paragraph (1) above or there is a risk of delay in administrative procedures because
of ex- tremely many representatives, the administrative agencies may, explain- ing the reasons, request the appointment of 3 or less
representatives within a considerable time period. When parties do not comply with the request for the appointment of representatives,
the administrative agen- cies may appoint representatives at their discretions.
(3) Parties may change representatives or remove them from office. (4) Representatives may perform any and all the administrative
procedures on behalf of parties who have appointed them as representatives: Pro- vided, That in the act of closing the administrative procedure, the consent of parties shall be obtained.
(5) When there are representatives, parties shall perform acts relating to administrative procedures only by and through the
representatives.
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제4편 행정일반 행정절차법
(6) When there are two or more representatives, the acts of administrative
agencies to any of the representatives shall be effective on all the parties:
Provided,That the notification of the administrative agencies shall, only
if given to all of representatives, effective.
Article 12 (Agents)
(1) Parties may designate as their agent a person falling under any of the following subparagraphs:
1. Spouse, lineal ascendant and descendant, and sibling of parties;
2. Officers and personnel, in case where the party is a legal person;
3. Lawyer;
4. A person with permission from administrative agencies or in a case of a hearing, the presider; and
5. A person eligible to be an agent in matters pertaining to a case concerned under the relevant Acts and subordinate
statutes.
(2) The provisions of Article 11 (3), (4) and (6) shall apply mutatis
mutandis to cases of agents.
Article 13 (Notice of Representatives and Agents)
When parties appoint representatives or agents, they shall notify the administrative agencies without delay. The same shall apply when change or removal of the representatives or agents is made.
SECTION 4 Service and Special Rules of Period and
Time Limit
Article 14 (Service)
(1) Service shall be made by means of postal service, delivery, or informa- tion and communications networks, etc. and to the domicile, residence, place of business, office, or electronic mail address (hereinafter referred to as the domicile, etc. ) of the person entitled to receive the service (including the representative or agent; hereinafter the same shall apply): Provided, That such service may be made at a place of meeting with the recipient of the service, if he consents thereto. <Amended by Act No. 6839,
Dec. 30, 2002>
(2) The service by delivery shall be completed by delivering the docu- ment in exchange of the written acceptance confirmation from the recip- ient of the service, and, if the person to receive the service is not present
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at the place where the service is to be made, may be made to his office
worker, employee, or inmate with the mental capability to make reason- able judgement. <Amended by Act No. 6839, Dec. 30, 2002>
(3) The service by means of information and communications networks may be made subject to the consent of the person to receive the
service.
In this case, the person to receive the service shall designate the elec-
tronic mail address, etc. where the service is to be made. <Amended by
Act No. 6839, Dec. 30, 2002>
(4) In case of falling under any of the following subparagraphs a public notification shall be made by way of listing on one or more
of the Official Gazette, a public bulletin, a bulletin board, and a daily newspaper, and on the Internet, in consideration of conveniences
of the person to receive the service: <Amended by Act No. 6839, Dec. 30, 2002>
1. When the domiciles of the person receiving the service cannot be confirmed by normal methods; and
2. When the service is impossible.
(5) Administrative agencies shall preserve records of document title, full name or title of the person receiving the service of process
and the method
of services and date thereof.
(6) Deleted. <by Act No. 6839, Dec. 30, 2002>
Article 15 (Effectuation of Service)
(1) The service shall be effectuated upon arrival to the person receiving the service except as otherwise stipulated by other Acts
and subordinate statutes.
(2) The service of electronic message by means of information and communications networks under Article 14 (3) shall be deemed
to reach
a person to receive such service when the electronic message is inputted in the computer, etc. designated by the person to receive
the service. <Newly Inserted by Act No. 6839, Dec. 30, 2002>
(3) In the cases of Article 14 (4), except as otherwise stipulated by other
Acts and subordinate statutes, it shall be effective at the expiration of
14 days from the date of the public notification: Provided, That this shall
not be applicable to cases where a different effective date thereof is determined in the public notification due to circumstances
mandating
immediate enforcement. <Amended by Act No. 6839, Dec. 30, 2002>
Article 16 (Special Cases for Period and Time Limit)
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제4편 행정일반 행정절차법
(1) In case where it is impossible to keep the period and time limit due
to a natural disaster or other causes beyond the control of parties, the
progression of the period shall be suspended until the day of cessation
of such causes.
(2) The period and time limit for persons residing or sojourning in a for-
eign country shall be determined by administrative agencies taking into
consideration the period for the postal service or correspondence.
CHAPTER Ⅱ DISPOSITION
SECTION 1 Common Provisions
Article 17 (Application for Dispositions)
(1) The application for disposition to administrative agencies shall be made in writing: Provided,That this shall not be applicable to such cases as otherwise stipulated by other Acts and subordinate statutes and to a case where
administrative agencies have determined and publicly an- nounced the other method.
(2) When the application for disposition under paragraph (1) is made by means of electronic message, the application shall
be deemed to be filed when the electronic message is inputted in computers, etc. of administrative agencies. <Newly Inserted by Act No. 6839, Dec. 30, 2002>
(3) Administrative agencies shall post a notice (including any notice on the Internet) for the required documents, the receiving agency,
the pe- riod of processing, and other matters necessary for the application for dispositions, or furnish the manual for its perusal
by the general public.
<Amended by Act No. 6839, Dec. 30, 2002>
(4) When an application is officially submitted, administrative agencies may, except as specially stipulated by other Acts and subordinate stat- utes, not reserve or refuse the acceptance thereof or unjustly return it, and in a case of receiving the application, shall give the receipt thereof to the applicants: Provided, That the receipt shall not be required when it is prescribed by the Presidential Decree. <Amended by Act No. 6839, Dec.
30, 2002>
(5) In a case of flaws, etc. and other deficiencies in the required docu- ments of the application, administrative agencies shall allot a consider- able period of time for the necessary supplements, and shall promptly
- 9 -
request the applicants to make such supplements.
(6) When the supplement is not submitted by the applicants within the period under paragraph (5) above, administrative agencies shall
explain
the reasons and may return the received applications. <Amended by Act
No. 6839, Dec. 30, 2002>
(7) For the convenience of the applicants administrative agencies may have another administrative agency receive the applications:
Provided, That in such cases, administrative agencies shall determine and publicly announce in advance the types of applications the other
administrative agencies may receive.
(8) The contents of applications may be supplemented, modified, and dismissed by applicants until dispositions are rendered: Provided, That this shall not be applicable to such a case where otherwise stipulated by other Acts and subordinate statutes or to cases
where the nature of the application concerned does not allow for the supplement, modifica- tion, and dismissal thereof.
Article 18 (Dispositions Involving More Than One Administrative Agency) When there is an application for dispositions with which two or more ad- ministrative agencies are concerned, the administrative agencies shall promptly cooperate to ensure that the dispositions are not unduly delayed.
Article 19 (Establishment and Public Announcement of Processing Period) (1) In order to advance the convenience of applicants, administrative agencies shall determine and publicly announce in advance the processing period for each type and class of the dispositions.
(2) When deemed difficult to process within the processing period as prescribed in paragraph (1) above due to unavoidable causes,
admin- istrative agencies may extend the period only once and within the span of the processing period for the disposition
concerned.
(3) When an administrative agency intends to extend the processing pe- riod under paragraph (2) above, it shall without delay notify
the appli- cants of the grounds for extension and the expected date for the completion of the processing.
(4) When an administrative agency does not process within a mandated processing period, the applicants may request the administrative
agency concerned or the supervisory administrative agency for prompt processing.
(5) The period which shall not be included in the processing period under
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제4편 행정일반 행정절차법
paragraph (1) above shall be determined by the Presidential Decree.
Article 20 (Establishment and Public Announcement of Disposition Stan- dards)
(1) The disposition standards shall be stated as concretely as possible
in view of the nature of the dispositions concerned. They shall be determined and publicly announced by administrative agencies.
The same shall be
applicable to the change of the disposition standard.
(2) The disposition standards may not be publicly announced when the public announcement of them under paragraph (1) above is impractical
in light of the nature of the dispositions concerned or when it is reason-
ably deemed that the safety and welfare of the public may be severally damaged by the announcement.
(3) When the publicly announced disposition standards are unclear, par-
ties may request the administrative agencies concerned for the interpre- tation or explanation thereof. In such cases administrative
agencies shall
comply with such request unless there are special extenuating circum-
stances.
Article 21 (Advance Notification of Dispositions)
(1) The matters of the following subparagraphs shall be notified to par- ties in advance when administrative agencies are rendering
dispositions to parties concerned imposing duties on them or restricting their rights or interests:
1. Title of the disposition;
2. Full name or title, and domicile of parties concerned;
3. The factual grounds for the disposition and the contents of the dis- position and legal basis;
4. Advice that the opinions may be submitted on the items of subpar-
agraph 3 above and the processing method when no opinions are presented;
5. The title and address of the agency to which opinions may be submitted;
6. Time limit for submission of opinions; and
7. Other necessary matters.
(2) When administrative agencies intend to proceed with a formal hearing, the matters of subparagraphs of paragraph (1) above shall
be notified
to the parties concerned at least 10 days before the commencement of the hearing. The matters of paragraph (1) 4 through
6 above shall be
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substituted by the appropriate matters for the hearing such as the af-
filiation, official position, and full name of the presider of the hearing, the date and time and location of the hearing, and the
processing method
in case the parties concerned can not attend the hearings.
(3) The time limit under paragraph (1) 6 above shall be an adequate pe- riod to prepare and submit opinions.
(4) The notification requirement under paragraph (1) may not apply to the cases falling under any of the following subparagraphs:
1. When an urgent disposition is necessary for the safety and welfare
of the general public;
2. When, in case a certain disposition should be taken because any qual- ification required by any Act or subordinate statute is not
equipped
with or is extinguished, it proves that such qualification is not equipped with or is extinguished; and
3. When reasonably deemed that there are grounds that the hearing of
opinions is impractical or the hearing is clearly unnecessary considering the nature of the dispositions concerned.
Article 22 (Hearing of Arguments)
(1) In rendering dispositions, administrative agencies shall have a for- mal hearing in cases of the following subparagraphs:
1. When a formal hearing is demanded by other Acts and subordinate
statutes; and
2. When deemed necessary by administrative agencies.
(2) In rendering dispositions, administrative agencies shall convene
a public hearing in cases of the following subparagraphs:
1. When the convening of a public hearing is demanded by other Acts and subordinate statutes; and
2. When deemed necessary by the administrative agency to compile wide range of opinions considering the potentially extensive
influence of
the dispositions concerned.
(3) When administrative agencies are rendering dispositions to parties concerned, imposing duties on them, or restricting their rights
and in- terests, except for cases of paragraph (1) or (2) above, an opportunity for submitting opinions shall be granted to
the parties.
(4) When falling under any of the subparagraphs of Article 21 (4), or
when parties have clearly indicated the intent to renounce the opportunity
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제4편 행정일반 행정절차법
for submitting opinions, the hearing of opinions may not be conducted
notwithstanding the provisions of paragraphs (1) through (3) above. (5) Following a formal hearing, public hearing, or hearing
of opinions,
administrative agencies shall take dispositions promptly to ensure that the dispositions concerned are not delayed.
(6) When there is a request by parties within 1 year after the disposi-
tions, administrative agencies shall return documents and other mate- rials present for the formal hearing, public hearing, or hearing
of opinions.
Article 23 (Declaration of Reasons for Dispositions)
(1) When rendering dispositions, administrative agencies shall set forth to parties the basis and reasons for dispositions with the
exception of cases falling under any of the following subparagraphs:
1. In case of a disposition fully accepts the contents of the applications;
2. In case of a simple, repetitious disposition or an insignificant disposi- tion where parties are deemed to know the reasons;
and
3. In cases of emergency.
(2) When parties concerned so request, administrative agencies shall, ex
postfacto, explain the basis and reasons for the dispositions in cases of
paragraph (1) 2 and 3 above.
Article 24 (Method of Dispositions)
(1) When administrative agencies render dispositions, the dispositions shall be made in writing or, subject to the parties consent,
by means of electronic message, except for cases otherwise stipulated by other Acts and subordinate statues: Provided, That in cases necessitating prompt action or cases of minor matters, the dispositions may be conducted by way of oral statement or
other methods, and in such cases, if requested by the parties, the documents concerning the disposition shall be deliv- ered without
delay. <Amended by Act No. 6839, Dec. 30, 2002>
(2) The documents of the dispositions shall state the administrative agency of the dispositions 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. <AmendedbyActNo.6839,Dec.30,2002>
Article 25 (Correction of Dispositions)
When a clerical error, miscalculation, and other similar errors are found in the dispositions, administrative agencies shall without delay correct them ex officio or upon request and notify the parties.
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Article 26 (Notice)
When rendering dispositions, administrative agencies shall notify par- ties if an action for administrative adjudication, administrative
litigation
or other remedial request may be filed. The parties shall be notified of
filing procedure and filing deadline and other necessary matters. <Amended by Act No. 8451, May 17, 2007>
SECTION 2 Submission of Arguments and Hearing
Article 27 (Submission of Arguments)
(1) Parties may submit arguments regarding the dispositions to the ad- ministrative agency concerned in writing, orally, or by means of infor- mation and communications networks prior to the dispositions. <Amended
by Act No. 6839, Dec. 30, 2002>
(2) When submitting arguments under paragraph (1), parties may con- currently submit documentary evidence, etc. supporting the
claims.
(3) When parties submit arguments by oral statement, administrative
agencies shall record in writing the abstracts thereof and the person who has made the statement.
(4) When parties fail to submit arguments within the designated time
limit without justifiable grounds, it shall be deemed that there is no argu- ment regarding the dispositions.
(5) Deleted. <by Act No. 6839, Dec. 30, 2002>
Article 27-2 (Reflection of Submitted Arguments)
When dispositions are rendered, administrative agencies shall take into consideration arguments submitted by the parties if they have
convinc-
ing grounds.
[This Article Newly Inserted by Act No. 6839, Dec. 30, 2002]
Article 28 (Presider of Hearing)
(1) The hearing shall be presided over by a person designated from among personnel belonging to the administrative agency or persons
qual- ified under the provisions of the Presidential Decree. The administrative
agency shall endeavor for fairness in the designation of the presider of
a formal hearing.
(2) The presider of a hearing shall independently and fairly execute his duties, and shall not receive any detriment to his status
due to his exe-
cution of duties against his own will. <AmendedbyActNo.6839,Dec.30,2002>
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제4편 행정일반 행정절차법
(3) The presider of a hearing appointed among the persons as prescribed
by the Presidential Decree under paragraph (1) shall be regarded as a public servant in the application of penal provisions under
the Criminal
Act and other Acts.
Article 29 (Exclusion, Challenge, and Refrainment of Presider of Hearings) (1) The presider of a hearing shall not preside over a hearing in case falling under any of the following subparagraphs: <AmendedbyActNo.6839,
Dec. 30, 2002>
1. When he currently or in the past is or was a party, or has or had a kinship relationship with parties falling under any subparagraphs
of Article 777 of the Civil Act;
2. When he has rendered a testimony or expert examination involved
in the dispositions concerned;
3. When he is currently or was previously involved in the dispositions concerned as an agent of one or more of the parties; and
4. When he himself currently handles or previously handled the affairs of dispositions concerned.
(2) When there are grounds for the presider to undermine the fair
progression of the hearings parties may request the administrative agen- cies to replace the presider. In such case, administrative
agencies shall
suspend the hearing, and when the request is deemed reasonable, ad-
ministrative agencies shall replace without delay the presider of the hearing concerned.
(3) When the presider of a hearing falls under cases of paragraphs (1)
and (2) above, he may voluntarily refrain from presiding over the hearing with the authorization of administrative agencies.
Article 30 (Disclosure of Hearing)
When there is a request or when the presider of the hearing deems it necessary, the hearing may be made open to the public: Provided,That the hearing shall not be made open when there is a risk that the interests of the public or third parties may be severely harmed.
Article 31 (Progression of Hearing)
(1) When commencing the hearing, the presider shall first explain the contents of the scheduled dispositions in question, their
factual back-
ground, and legal basis, etc.
(2) Parties may submit their arguments, present documentary evidence
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and address questions to a relevant witness and an expert witness.
(3) When parties submit written arguments, the contents shall be deemed as stated in person at the hearing.
(4) The presider may take measures necessary to ensure the prompt progression and orderly maintenance of the hearing.
(5) When an administrative agency intends to continue the hearing, the
parties shall be notified in writing or, subject to the parties consent, by means of electronic message of the date and time and
the location of
the next hearing: Provided, That for parties in attendance at the hearing,
the presider may notify the date of the hearing concerned by oral state-
ment. <Amended by Act No. 6839, Dec. 30, 2002>
Article 32 (Consolidation and Separation of Hearings)
Administrative agencies may execute the hearings exofficioor upon the
request of applicants by consolidating or separating several cases.
Article 33 (Investigation of Evidence)
(1) Administrative agencies may ex officio or upon the request of ap-
plicants investigate necessary matters and may also investigate facts that parties have not claimed.
(2) The investigation of evidence shall be done according to the methods falling under any of the following subparagraphs:
1. Collection of evidence such as documents, ledgers, materials, etc.;
2. Inquiries to relevant witnesses and expert witnesses, etc.;
3. Verification or examination and assessment; and
4. Other necessary investigations.
(3) The presider of the hearing, when deemed necessary, may request the administrative agencies involved to submit the necessary
documents
or statement of views. In such cases, the administrative agencies con-
cerned shall comply with this request unless there are circumstances obstructing the execution of their duties.
Article 34 (Record of Hearings)
(1) The presider of a hearing shall maintain a record of hearings on the following matters: <Amended by Act No. 6839, Dec. 30, 2002>
1. Title;
2. Personal information including affiliation, full name, etc. of the pre- sider of a hearing;
3. Domicile, full name or title, and the attendance of parties;
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4. Date and time and location of a hearing;
5. The abstract of statements of parties and the evidence submitted;
6. Whether or not a hearing is made open to the public; the grounds
therefor under the proviso of Article 30 hereof;
7. The abstract and appended evidence when engaged in the investi- gation of evidence;
8. Deleted; and <by Act No. 6839, Dec. 30, 2002>
9. Other necessary matters.
(2) Parties may inspect and review the contents of the hearings record
and may request a correction if they have an objection thereto.
Article 34-2 (Statement of Views of Presider of Hearing)
The presider of a hearing shall draw up a statement of his own views which includes the following matters:
1. Title of a hearing;
2. Contents of disposition and major facts or evidence;
3. General views; and
4. Other necessary matters.
[This Article Newly Inserted by Act No. 6839, Dec. 30, 2002]
Article 35 (Closing of Hearings)
(1) When deemed that the presentation of parties arguments and inves- tigation of evidence regarding the case have been completed,
the presider of the hearing may conclude the hearing.
(2) When all or any of parties are not in attendance at the fixed date of the hearing without justifiable grounds or when they
do not submit written arguments under of Article 31 (3), the presider of the hearing may conclude the hearing without granting
them the opportunity for submitting arguments and evidence.
(3) When all or parts of parties are unable to be in attendance at the date and time of the hearing or to submit written arguments
under of
Article 31 (3) due to justifiable grounds, the presider of the hearing may
set forth a considerable period and request them to submit arguments and evidence, and may conclude the hearing when the period
concerned
has expired.
(4) When concluding the hearing, the presider thereof shall submit the records of the hearing, the statement of his own views, and
other docu-
ments concerned, etc. to the administrative agency concerned without
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delay. <Amended by Act No. 6839, Dec. 30, 2002>
(5) Deleted. <by Act No. 6839, Dec. 30, 2002>
Article 35-2 (Reflection of Results of Hearings)
Administrative agencies shall carefully review the records of the hearing, the statement of views of the presider of the hearing, and other documents concerned, etc. submitted under Article 35 (4), and if deemed reasonable, shall reflect the results of the hearing in rendering dispositions. [This Article Newly Inserted by Act No. 6839, Dec. 30, 2002]
Article 36 (Reopening of Hearings)
If reopening of a formal hearing is deemed necessary due to the revelation of new facts between the closing of the hearing and dispositions, admin- istrative agencies shall return the records of the hearing, etc. submitted under of Article 35 (4) and order the reopening of the hearing. With regard to such cases the provisions of Article 31 (5) shall apply mutatismutandis.
Article 37 (Inspection of Documents and Confidentiality)
(1) Parties may request administrative agencies for the inspection or duplication of the documents regarding the investigation results
of the cases, and other documents related to the dispositions concerned, from the day of the notice of the hearing until the closing
of the hearing. In such cases, administrative agencies shall not reject such a request un- less otherwise stipulated by the Acts
and subordinate statutes.
(2) In complying with the demand for inspection or duplication under paragraph (1) above, administrative agencies may designate
the date and time, and location for the services.
(3) When rejecting the demand for inspection or duplication under the
provisions of the latter sentence of paragraph (1), administrative agen- cies shall clearly explain the reasons therefor.
(4) The scope of the documents subject to the inspection or duplication under paragraph (1) above shall be provided for by the Presidential
De- cree.
(5) Administrative agencies may charge the expenses for the duplication under paragraph (1) to the person who made the request.
(6) No one shall, without justifiable grounds, leak or use for other pur- poses the secrets concerning private lives or business or
transaction se- crets obtained through the hearings.
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제4편 행정일반 행정절차법
SECTION 3 Public Hearing
Article 38 (Announcement of Commencement of Public Hearing)
To commence a public hearing, administrative agencies shall notify the parties of the matters of the following subparagraphs at
least 14 days
before the commencement of the public hearing and inform the general
public by public notification through methods such as listing on the Offi- cial Gazette, public bulletin, Internet homepage, or daily
newspaper,
etc.:
1. Title;
2. Date and time, and location;
3. Main contents;
4. Information about presenters;
5. Methods of application for presentation and the term of application;
6. Presentation of opinions by means of information and communica- tions networks; and
7.Other necessary matters for conducting a public hearing.
[This Article Who ly Amended by Act No. 8451, May 17, 2007]
Article 38-2 (Electronic Public Hearing)
(1) Administrative agencies may conduct a public hearing through in- formation and communications networks (hereinafter
referred to as an
electronic public hearing ) only in parallel with a public hearing under
Article 38.
(2) When conducting an electronic public hearing, administrative agen- cies shall build and operate information and communications
networks
with appropriate electronic process systems to enable submission of opinions and participation in discussion.
(3) When conducting an electronic public hearing, any person may sub-
mit opinions or participate in discussion on submitted opinions through information and communications networks.
(4) Other necessary matters for methods or procedures of conducting an
electronic public hearing shall be prescribed by the Presidential Decree.
[This Article Newly Inserted by Act No. 8451, May 17, 2007]
Article 38-3 (Selection of Presider and Presenters of Public Hearing) (1) The presider of a public hearing shall be designated or commissioned by administrative agencies from among those with specialized knowledge in the field related to the topics of such public hearing or with career
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experience in the field.
(2) Presenters of a public hearing shall be selected by administrative agencies from among those applied for presentations:
Provided, That
administrative agencies may designate or commission presenters from among those falling under the following subparagraphs, when
no person
has applied for a presentation, or when they regard it necessary to insure
fairness of a public hearing:
1. The parties related to the topic of the public hearing concerned;
2. Persons with special knowledge in the field related to the topic of the public hearing concerned; and
3. Persons with career experience in the field related to the topic of the public hearing concerned.
(3) Administrative agencies shall be fair in designating, commissioning
or selecting the presider or presenters of a public hearing.
(4) Administrative agencies may pay the presider or presenters of a pub- lic hearing, or specialists who submit information
to a public hearing
for allowances, travel expenses or other necessary expenses within bud- get.
[This Article Newly Inserted by Act No. 8451, May 17, 2007]
Article 39 (Progression of Public Hearing)
(1) The presider of a public hearing shall be fair in proceeding a public hearing, may restrict the contents of presentation for
smooth progres- sion of a public hearing and may take necessary measures for maintain-
ing order such as suspension of speaking or order to exit as determined by the Minister of Government Affairs and Home Affairs.
(2) A presenter shall address matters directly related to the contents of
the public hearing.
(3) The presider of a public hearing shall allow questions and answers among presenters and give audiences opportunities to
speak opinions
after a presentation is finished.
[This Article Who ly Amended by Act No. 8451, May 17, 2007]
Article 39-2 (Reflection of Results of Public Hearing or Electronic Pub- lic Hearing)
When administrative agencies recognize that the facts and opinions pres-
ented through public hearings, electronic public hearings, or information and communications networks are reasonable, they shall
have these
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제4편 행정일반 행정절차법
reflected in rendering dispositions. <Amended by Act No. 8451, May 17, 2007>
[This Article Newly Inserted by Act No. 6839, Dec. 30, 2002]
CHAPTER Ⅲ NOTIFICATIONS
Article 40 (Notifications)
(1) As to notifications of legal importance, such as releasing a person from a liability when meeting the notification requirements,
adminis-
trative agencies in control of the notification matters shall post a notice
(including any notice on the Internet, etc.) for the required documents and receiving agencies for the notification and other necessary
matters
under Acts and subordinate statutes or shall furnish the manual of the notification matters for inspection by the public. <AmendedbyActNo.6839,
Dec. 30, 2002>
(2) When a notification under paragraph (1) meets the conditions of the following subparagraphs, the notification requirements shall be deemed fulfilled upon the arrival of the notification at the receiving agency:
<Amended by Act No. 6839, Dec. 30, 2002>
1. When there are no erroneous statements in the written notification;
2. When the required documents are duly appended; and
3. When the notification conforms to the formalities provided under the
Acts and subordinate statutes.
(3) In a case where a presented notification does not meet the condi-
tions of paragraph (2), administrative agencies shall set forth a reason- able period and demand its supplement from the applicants.
(4) When the applicant does not submit a supplement within the period
as stipulated by paragraph (3), administrative agencies shall clearly ex- plain the reason and return the written notifications
concerned.
CHAPTER Ⅳ ADMINISTRATIVE PRE- ANNOUNCEMENT OF LEGISLATION
Article 41 (Administrative Pre-Announcement of Legislation)
(1) When intending to enact, amend, or abolish Acts and subordinate statutes (hereinafter referred to as the legislation ), administrative
- 21 -
agencies preparing the legislation concerned shall pre-announce it: Pro-
vided, That in case of falling under any of the following subparagraphs,
such pre-announcement may be omitted: <Amended by Act No. 6839, Dec. 30,
2002>
1. Where the contents of the legislation have no relation to the rights and duties or daily lives of citizens;
2. Where the legislation requires urgency;
3. Where the legislation is just made for the enforcement of senior Acts and subordinate statutes;
4. Where the pre-announcement might severely damage the public in- terest; and
5. Where the pre-announcement is deemed unnecessary or difficult con-
sidering the nature of the contents of the legislation or for other rea- sons.
(2) Deleted. <by Act No. 6839, Dec. 30, 2002>
(3) In cases where receiving a request for review of the Acts and subor- dinate statutes that have not gone through the pre-announced
legisla-
tion procedure, the Minister of Legislation may recommend the pre-an-
nouncement of legislation to the administrative agency concerned or di- rectly preannounce, if the pre-announcement of legislation
is deemed
necessary.
(4) Matters necessary for the standards and procedures for the pre- announcement of legislation shall be prescribed by the Presidential
Decree.
Article 42 (Methods of Pre-Announcement)
(1) Administrative agencies shall widely notify the purpose of the leg- islation, its important contents, or its entire text by means of the Of- ficial Gazette, public bulletin, Internet, newspaper, broadcasting, etc.
<Amended by Act No. 6839, Dec. 30, 2002>
(2) Administrative agencies shall, when they make a pre-announcement of legislation, submit Presidential Decree to the competent standing com- mittee of the National Assembly. <NewlyInsertedbyActNo.7904,Mar.24,2006> (3) Administrative agencies shall, when they make a pre-announce- ment of legislation, notify central administrative agencies, local govern- ments or other organizations deemed related to such legislation, of pre- announcement of legislation by notifying matters to be pre-announced or using other means. <Amended by Act No. 8451, May 17, 2007>
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제4편 행정일반 행정절차법
(4) Administrative agencies may extensively collect public opinions on
the legislation pre-announced pursuant to paragraph (1), through elec- tronic public hearings. In this case, the provisions
of Article 38-2 (2)
through (4) shall apply mutatis mutandis. <Newly Inserted by Act No. 8451,
May 17, 2007>
(5) With respect to the applications for an inspection or duplication of the entire text of the pre-announcement of legislation, administrative
agencies shall comply with such applications unless circumstances man- dating otherwise exist.
(6) Administrative agencies may charge the expenses for duplication under paragraph (4) to the applicants thereof. <Amended by Act No. 7904, Mar. 24, 2006>
Article 43 (Period of Pre-Announcement)
The period of pre-announcement for legislation shall be determined at the time of pre-announcement. Unless circumstances mandating other- wise exist, it shall be not less than 20 days.
Article 44 (Submission of Arguments and Its Process)
(1) Any person may submit opinions concerning the pre-announced leg- islation.
(2) Administrative agencies shall also publicly notify the agencies to re- ceive the opinions, the period for the submission of opinions,
and other necessary matters when pre-announcing the legislation concerned.
(3) In cases where opinions regarding the legislation concerned are sub- mitted, administrative agencies shall respect the opinions
and process accordingly, unless circumstances mandating otherwise exist.
(4) Administrative agencies shall notify a person who submits opinions of the processed results thereof.
(5) With respect to the processing method of the submitted opinions and notice of the results, it shall be prescribed by the Presidential
Decree.
Article 45 (Public Hearing)
(1) With respect to a proposed legislation, administrative agencies may hold a public hearing.
(2) With respect to public hearings, the provisions of Articles 38, 38-2,
38-3, 39, and 39-2 shall apply mutatismutandis. <AmendedbyActNo.6839,
Dec. 30, 2002; Act No. 8451, May 17, 2007>
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CHAPTER Ⅴ PRE-ANNOUNCEMENT OF
ADMINISTRATION
Article 46 (Pre-Announcement of Administration)
(1) When administrative agencies intend to establish, enforce, or change policies, system, and planning concerning matters falling
under any of
the following subparagraphs, they agencies shall pre-announce the matters: Provided, That when the safety and welfare of the public may
be severely damaged by the pre-announcement or when circumstances making the pre-announcement difficult exist, the pre-announcement
may be omitted:
1. Matters of great influence to the livelihood of citizens;
2. Matters of conflict of interests between many citizens;
3. Matters imposing inconveniences and burdens on many citizens; and
4. Other matters requiring the wide accumulation of opinions from citizens.
(2) Despite the provisions of paragraph (1), the pre-announcement of administration may be substituted by pre-announcement
of legislation
when the former includes the legislation of other Acts and subordinate statutes.
(3) The period of pre-announcement of administration shall be deter-
mined taking into consideration the nature of its contents, and unless special circumstances exist, it shall be not less than
20 days.
Article 47 (Mutatis Mutandis Application)
The provisions of Articles 42 (excluding paragraph (4)), 44 (1) through (3) and 45 shall apply mutatis mutandis to the method of pre-an- nouncement of administration, to submission of opinions and processing thereof, and to a public hearing or an electronic public hearing. <Amended
by Act No. 8451, May 17, 2007>
CHAPTER Ⅵ ADMINISTRATIVE GUIDANCE
Article 48 (Principles of Administrative Guidance)
(1) The administrative guidance shall be made as little as necessary for the attainment of the purpose thereof, and shall not
be unjustly exer-
cised against the will of the other party of administrative guidance.
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(2) An administrative agency shall not treat the other party of admin-
istrative guidance disadvantageously because of the other party’ non- compliance with the administrative guidance concerned.
Article 49 (Manners of Administrative Guidance)
(1) Any person rendering an administrative guidance shall make clear to the other party both his own identity, and the purpose
and content of the administrative guidance concerned.
(2) Where the administrative guidance is rendered by oral statement, the person imposing administrative guidance concerned shall,
when requested by the other party, provide the matters as stipulated in paragraph (1) in writing, so long as no extraordinary administrative
inconvenience arises thereby.
Article 50 (Submission of Arguments)
The other party subject to the administrative guidance concerned may submit arguments in regards to the manners and content, etc. thereof.
Article 51 (Administrative Guidance Directed to More Than One Person) When an administrative agency intends to render any administrative guidance to a number of persons in order to achieve a common adminis- trative objective, then the agency shall make such matters known to the public, so long as no extraordinary inconvenience arises thereby.
CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS
Article 52 (Payment of Expenses)
Expenses required for the administrative procedure shall be borne by administrative agencies: Provided, That the same shall not apply to ex-
penses paid by the parties for themselves.
Article 53 (Provision of Expenses for Relevant Witnesses, etc.)
(1) For the relevant witnesses, expert witnesses, etc. necessary for the
progression of the administrative procedure, administrative agencies
may provide traveling costs and a daily allowance within the scope of
the budget.
(2) The criteria for the provision of expenses under paragraph (1) shall
be prescribed by the Presidential Decree.
Article 54 (Request for Cooperation, etc.)
The Minister of Government Administration and Home Affairs (Minister of Legislation in the case of Chapter Ⅳ) shall strive for the efficient op-
- 25 -
eration of this Act, and if necessary, he may confirm the actual opera-
tional situation and conditions, and request the administrative agen- cies concerned for cooperation by the presentation of relevant
data, etc.
<Amended by Act No. 6839, Dec. 30, 2002>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) (Example of Application) This Act shall not apply to matters pertain- ing to the disposition, report, administrative pre-announcement
of legis- lation, pre-announcement of administration, and administrative guidance in progress at the time of the enforcement
of this Act.
ADDENDA <Act No. 5809, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulga-
tion. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6839, Dec. 30, 2002>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures) With respect to administrative procedures in progress at the time this Act enters into force, the
previous provisions shall apply.
ADDENDUM <Act No. 7904, Mar. 24, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8451, May 17, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures) With respect to administrative procedures in progress at the time this Act enters into force, the
previous provisions shall apply.
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