ADMINISTRATIVE REGULATION AND MANAGEMENT ACT

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to protect the rights and interests of the citizens, and to attain an impartial administrative operation, by reducing the inconvenience and burden of the citizens, and striving for a continuous improvement of administration, through the provision of fundamental matters concerning the administrative regulation.<Amended by Act No. 5369, Aug. 22, 1997>

Article 2(Definition) #

For the purpose of this Act, the term “administrative regulation” means that the State or local government restricts the rights of the citizens or imposes duties on them, to realize any specified administrative objects.

[This Article Wholly Amended by Act No. 5369, Aug. 22, 1997]

Article 3(Scope of Application) #

(1) Except as otherwise provided in other Acts, the administrative regulation shall be subject to the conditions as prescribed by this Act. <Amended by Act No. 5369, Aug. 22, 1997>

(2) In application of this Act, the administrative agency shall include any juristic person, organization or organ thereof, which exercises the administrative power, or is delegated or entrusted with such power, pursuant to the provisions of Acts and subordinate statutes,: Provided, That such juristic persons, organizations or individuals as prescribed by the Presidential Decree are excluded.

CHAPTER Ⅱ PRINCIPLES AND EXAMINATION OF ADMINISTRATIVE REGUL

Article 4(Principle of Administrative Regulation by Acts) #

The administrative regulation shall be based on the Acts, and the contents thereof shall be provided concretely and obviously.

Article 5(Principle of Administrative Regulation) #

The objects and means of administrative regulation shall be established in the minimum limit necessary for realizing the purpose, and the application thereof shall be objective and impartial.

Article 6(Examination on Administrative Regulation) #

When the head of the central administrative agency desires to establish newly or strengthen any administrative regulation by enacting or amending Acts, subordinate statutes, directives, established rules, official announcement, etc. (hereinafter referred to as the “related Acts and subordinate statutes, etc.”), he shall examine comprehensively the following matters, and decide the object, scope, method, etc. of the administrative regulation:

1. Necessity of the establishment or strengthening of the administrative regulation, and the feasibility of the purpose of administrative regulation;

2. Inconvenience and burden of those who are subject to the administrative regulation;

3. Whether or not it is overlapped with any existing administrative regulation;

4. Whether or not it includes any elements restricting the competition;

5. Requirements for the budget of the administrative organization and manpower accompanied by the establishment or strengthening of the administrative regulation;

6. Objectiveness and clearness of the criteria for the examination related to the administrative regulation; and

7. Whether or not the documents required for, procedure of settlement of, the civil petition affairs, are proper.

Article 7(Consultation, etc. with Related Agency) #

When the head of the central administrative agency desires to enact or amend any related Acts and subordinate statutes, etc. to establish or strengthen the administrative regulation, he shall consult in advance with the central administrative agencies concerned, and hear sufficiently the opinions of the local governments, civil organizations, research institutes, experts, etc. by means of the preannouncement of legislation, etc.

Article 8(Joint Deliberation Meeting, etc.) #

(1) The head of the central administrative agency shall notify to the Minister of Government Administration the result of the examination as prescribed in Articles 6and 7, and the contents of consultation with the central administrative agencies concerned.

(2) If it is deemed necessary for coordinating the different views among related agencies on the matters notified under paragraph (1), the Minister of Government Administration may hold a joint deliberation meeting composed of public officials of the Ministry of Finance and Economy, Ministry of Home Affairs, Ministry of Justice, Ministry of Trade, Industry and Energy, Ministry of Government Administration, Ministry of Legislation, Administrative Coordination Office, Fair Trade Commission, and other agencies concerned, and experts, etc.: Provided, That any matters which have passed through a deliberation of the Enterprise Activities Regulation Deliberative Committee as prescribed by the Act on Special Measures for the Deregulation of Corporate Activities, shall be considered to have passed through the joint deliberation. <Amended by Act No. 5369, Aug. 22, 1997>

CHAPTER Ⅲ DELETED.