ADMINISTRATIVE PROCEDURES ACT

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ADMINISTRATIVE PROCEDURES ACT — 법갈피

Article 3(Scope of Application) #

(1) The procedures for dispositions, reports, affirmation, publication of the facts of violations, etc., administrative plans, administrative advance notice of proposed rulemaking, administrative announcement, and administrative guidance (hereinafter referred to as "administrative procedures") shall be governed by this Act, except as otherwise provided in other statutes. <Amended on Jan. 11, 2022>

(2) This Act shall not apply to any of the following:

1. Matters implemented by resolution or with the assent or approval of the National Assembly or the council of a local government;

2. Matters implemented based on judgments of courts or courts-martial or in execution thereof;

3. Matters implemented through an adjudication of by the Constitutional Court;

4. Matters implemented through a resolution by the election commissions at all levels;

5. Matters implemented by the Board of Audit and Inspection following a decision of the Council of Commissioners;

6. Matters implemented in accordance with the statutes and regulations related to 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 specified 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, and naturalization; disciplinary actions and other dispositions under statutes and regulations related to public official service; and mediation, conciliation, arbitration, rulings, or other dispositions coordinating conflicts of interest under statutes and regulations.

[This Article Wholly Amended on Oct. 22, 2012]

Article 8(Administrative Assistance) #

(1) In any of the following cases, an administrative authority may request another administrative authority to provide administrative assistance:

1. Where the unassisted execution of its duties is difficult because of statutes and regulations, etc.;

2. Where the unassisted execution of its duties is difficult because of practical causes such as shortage of personnel and equipment;

3. Where cooperation of a specialized organization affiliated with other administrative authority is necessary;

4. Where documents (including electronic documents; hereinafter the same shall apply), statistics, and other administrative data managed by other administrative authority are necessary for the execution of its duties;

5. Where the execution of its duties with the assistance of other administrative authority is deemed more efficient and economical.

(2) Any administrative authority requested to provide administrative assistance under paragraph (1) may deny the request in any of the following cases:

1. Where there is any obvious reason to believe that it is more efficient or economical to provide such assistance by another administrative authority other than the requested administrative authority;

2. Where there is any obvious 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 authority with capabilities to directly assist the relevant duties.

(4) Where an administrative authority requested to provide administrative assistance denies such request, it shall notify the administrative authority 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 authority that has requested such assistance: Provided, That matters pertaining to the duties of such staff shall be governed by the special provisions of other statutes and regulations, etc., if such provisions exist therein.

(6) Expenses incurred in administrative assistance shall be borne by the administrative authority requesting such assistance and the amount and payment method of the expenses shall be determined through consultation between the administrative authority requesting the assistance and the administrative authority providing the assistance.

[This Article Wholly Amended on Oct. 22, 2012]

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 or 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 or 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, the document may be delivered to his or her office worker, employee, or cohabitant with the mental capability to make a reasonable judgment (hereafter in this Article referred to as “office worker, etc.”): Provided, That when the person to be served with the document or his or her office worker, etc. refuses to receive service without good cause, the document may be left where service is to be made after stating such fact on the written receipt of acceptance. <Amended on 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 announcement shall be made in at least one of the means such as the Official Gazette announcements, public gazette announcements, bulletin board postings, and daily newspaper announcements as well as the Internet websites postings, 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) When public announcement is made pursuant to paragraph (4), the personal information of a person who is to receive service, such as sensitive information and personally identifiable information, shall be protected in accordance with the Personal Information Protection Act. <Newly Inserted on Jan. 11, 2022>

(6) Administrative authorities shall preserve records verifying 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. <Amended on Jan. 11, 2022>

[This Article Wholly Amended on Oct. 22, 2012]

Article 17(Applications for Dispositions) #

(1) Any application for disposition to an administrative authority shall be filed in writing: Provided, That this shall not apply where otherwise provided in other statutes and regulations, etc. and where the administrative authority has in advance determined and publicly announced any other method.

(2) Where an application for disposition under paragraph (1) is filed in the form of an electronic document, the application shall be deemed to have been filed when the electronic document is entered into computers, etc. of the administrative authority.

(3) Each administrative authority shall post a notice (including any notice via 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 authority receives an application, it shall not withhold or refuse the acceptance thereof or unjustly return such application, except as otherwise provided in other statutes and regulations, etc. and shall issue a receipt thereof to the applicant where it accepts the application: Provided, That the administrative authority may omit the issuance of such receipt in cases prescribed by Presidential Decree.

(5) Where an administrative authority finds a defect in any application, such as incomplete documentation, the administrative authority shall request the applicant, without delay, to make necessary supplements, specifying a reasonable period therefor.

(6) Where an applicant fails to make necessary supplements within the period provided under paragraph (5), the administrative authority may return the received application, specifying the reasons thereof.

(7) For the convenience of applicants, an administrative authority may have other administrative authorities receive applications on its behalf. In such cases, the administrative authority shall determine and publicly announce in advance the type of applications that may be received by other administrative authorities.

(8) An applicant may supplement, modify, or withdraw his or her application before a disposition is rendered with respect to the application: Provided, That this shall not apply where otherwise provided in other statutes and regulations, etc. or where the nature of the application does not allow the supplement, modification, or withdrawal thereof.

[This Article Wholly Amended on Oct. 22, 2012]

Article 21(Prior Notice of Disposition) #

(1) Where an administrative authority renders a disposition that imposes duties on parties to the disposition or restricts their rights or interests, it shall notify such parties, etc. in advance the following:

1. The title of the disposition;

2. The full names or titles of the parties and their addresses;

3. The factual grounds for the disposition, and the contents of, and legal basis for, the disposition;

4. The meaning that the parties, etc. may submit their opinions on the matters specified in subparagraph 3, and the processing method where no opinions are submitted;

5. The name and address of the agency to which opinions may be submitted;

6. Deadline for submitting opinions;

7. Other necessary matters.

(2) Where an administrative authority seeks to proceed with a hearing, it shall give the parties, etc. notice of the matters listed under paragraph (1) at least 10 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 name of the presiding officer, the date, time, and place of the hearing, and the processing method where the parties, etc. do not attend the hearing.

(3) The deadline mentioned in paragraph (1) 6 shall be determined, considering at least 10 days as an adequate period necessary to submit opinions. <Amended on Dec. 10, 2019>

(4) An administrative agency may omit the notice under paragraph (1) 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 and regulation, etc., which shall 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 regarding the nature of the relevant disposition.

(5) The details of the conditions under which prior notice may be omitted under paragraph (4), such as where the factual grounds for a disposition are objectively verified by the judgment of a court, shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 28, 2014>

(6) Where prior notice is omitted under paragraph (4), an administrative authority shall inform the 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 on Dec. 30, 2014>

(7) Article 24 shall apply mutatis mutandis where notice is given to the parties, etc. pursuant to paragraph (6). <Newly Inserted on Dec. 30, 2014>

[This Article Wholly Amended on Oct. 22, 2012]

Article 22(Seeking Opinions) #

(1) In rendering a disposition, an administrative authority shall hold a hearing in any of the following cases: <Amended on Jan. 28, 2014; Jan. 11, 2022>

1. Where a hearing is required by any other statute, regulation, etc.;

2. Where deemed necessary by an administrative authority;

3. Where the following dispositions are rendered:

(a) Revocation of authorization, permission, etc.;

(b) Deprivation of status or disqualification;

(2) In rendering a disposition, an administrative authority shall hold a public hearing in any of the following cases: <Amended on Dec. 10, 2019>

1. Where a public hearing is required by any other statute, regulation, etc.;

2. Where deemed necessary by an administrative authority to gather wide ranging opinions considering the extensive impact of the relevant disposition;

3. Where a public hearing is requested by parties, etc. whose number is not fewer than that prescribed by Presidential Decree, with respect to a disposition specified by Presidential Decree which has a great impact on people’s lives.

(3) Where an administrative authority renders a disposition that imposes duties on parties or restricts their rights or interests, it shall give the parties, etc. an opportunity to submit 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 parties have clearly indicated their intent to renounce their right to state their opinions.

(5) When a hearing, public hearing, or submission of opinions is complete, administrative authorities shall promptly render a disposition to ensure that the relevant disposition is not delayed.

(6) Upon request by parties, etc. within one year after rendering a disposition, administrative authorities shall return documents and other materials received for the hearing, public hearing, or submission of opinions.

[This Article Wholly Amended on Oct. 22, 2012]

Article 40-3(Publication of Facts of Violations) #

(1) An administrative authority may publish to the general public the name of a person or a corporation that has violated the obligations under statutes or regulations, the fact of violation, the fact of disposition for the violation of obligations, etc. (hereinafter referred to as "fact of violation, etc.") as prescribed by statutes.

(2) Before publishing the fact of violation, etc., an administrative authority shall ensure that evidence and grounds are objective and reasonable so as not to damage the honor, credit, etc. of the parties with the publication of false facts.

(3) When an administrative authority publishes the fact of violation, etc., it shall notify the parties of such fact in advance and give them an opportunity to present their opinions: Provided, That the same shall not apply in any of the following cases:

1. Where urgent publication is required to ensure the safety and welfare of the general public;

2. Where reasonable grounds exist to acknowledge that the hearing of opinions is highly impractical or clearly unnecessary in consideration of the nature of the relevant publication;

3. Where the relevant party clearly expresses his or her intention to relinquish an opportunity to state his or her opinion.

(4) A party who has received an opportunity to present his or her opinion under paragraph (3) may present the opinion to the competent administrative authority in writing, orally, or through the information and communications networks before the publication.

(5) Articles 27 and 27-2 shall apply mutatis mutandis to the methods of presenting opinions under paragraph (4) and the reflection of the opinions presented. In such cases, "disposition" shall be construed as "publication of the fact of violation, etc."

(6) The fact of violation, etc. shall be published in the Official Gazette or the public gazette, or on the website, etc.

(7) Where a party has completed measures, such as the performance of duties related to the publication, restoration to the original state, and compensation for damage before the fact of violation, etc. are published, an administrative authority need not publish such fact of violation, etc.

(8) Where any content of the publication is found to be different from the fact or where the disposition included in the publication is revoked, an administrative authority shall revise such content and publish the revised content in the same manner as the relevant publication during the extended period of publication without delay: Provided, That where the party has no desire for publication, such publication may be omitted.

[This Article Newly Inserted on Jan. 11, 2022]

Article 41(Administrative Advance Notice of Proposed Rulemaking) #

(1) In cases of enacting, amending, or abolishing a statute, regulation, etc. (hereinafter referred to as “rulemaking”), an administrative authority that has prepared proposed rulemaking shall give advance notice thereof: Provided, That the administrative authority may omit such advance notice in any of the following cases: <Amended on Oct. 22, 2012>

1. Where rulemaking requires urgency due to the necessity for prompt protection of the rights of the people or the occurrence of unpredictable special circumstances;

2. Where rulemaking is proposed for the implementation of minor matters in statutes, regulations, etc.;

3. Where the content of proposed rulemaking is not related to the rights, duties, or daily life of the people;

4. Where advance notice is deemed unnecessary or impractical in consideration of the nature of the content of proposed rulemaking, such as simple modification of expressions or wording;

5. Where advance notice is likely to cause significant harm to the public safety or welfare.

(2) Deleted. <Dec. 30, 2002>

(3) Where the Minister of Legislation receives a request for review of a proposed Act, regulation, etc. the advance notice of which has not been made, he or she may recommend the relevant administrative authority to give advance notice of such proposed rulemaking or directly give advance notice thereof if deemed appropriate. <Amended on Oct. 22, 2012>

(4) Where any important modification as prescribed by Presidential Decree is intended for a notified proposed rulemaking, such as addition of any provisions directly related to the people’s livelihood, the administrative authority that has proposed such rulemaking shall give additional advance notice of the relevant portions: Provided, That the administrative authority may omit such additional advance notice in cases falling under any of the subparagraphs of paragraph (1). <Newly Inserted on Oct. 22, 2012>

(5) Necessary matters regarding the standards, procedures, etc. for advance notice of rulemaking shall be prescribed by Presidential Decree. <Amended on Oct. 22, 2012>

ADMINISTRATIVE PROCEDURES ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of Application) #

Article 4(Acting in Good Faith and Protection of Trust) #

Article 5(Transparency) #

Article 5-2(Innovation in Administrative Affairs) #

Article 6(Jurisdiction) #

Article 7(Cooperation among Administrative Authority) #

Article 8(Administrative Assistance) #

Article 9(Qualifications for Parties) #

Article 10(Succession to Status) #

Article 11(Representatives) #

Article 12(Agents) #

Article 13(Notification of Representatives or Agents) #

Article 14(Service) #

Article 15(Effectuation of Service) #

Article 16(Special Cases for Period and Time Limit) #

Article 17(Applications for Dispositions) #

Article 18(Dispositions Involving Multi-Administrative Agency) #

Article 19(Establishment and Publication of Processing Periods) #

Article 20(Establishment and Publication of Disposition Standards) #

Article 20(Establishment and Publication of Disposition Standards) #

Article 21(Prior Notice of Disposition) #

Article 22(Seeking Opinions) #

Article 23(Presentation of Reasons for Dispositions) #

Article 24(Methods of Dispositions) #

Article 25(Correction of Dispositions) #

Article 26(Notice) #

Article 27(Submission of Opinions) #

Article 27-2(Reflection of Submitted Opinions) #

Article 28(Presiding Officers of Hearings) #

Article 29 #

Article 30(Open Hearings) #

Article 31(Proceedings of Hearings) #

Article 32(Consolidation and Separation of Hearings) #

Article 33(Examination of Evidence) #

Article 34(Hearing Reports) #

Article 34-2(Reports of Views of Presiding Officers) #

Article 35(Conclusion of Hearings) #

Article 35-2(Reflection of Results of Hearings) #

Article 36(Resumption of Hearings) #

Article 37(Inspection of Documents and Maintenance of Confidentiality) #

Article 38(Announcement of Holding of Public Hearings) #

Article 38-2(Online Public Hearings) #

Article 38-3(Selection of Presiding Officers and Presenters of Public Hearings) #

Article 39(Proceedings of Public Hearings) #

Article 39-2(Reflection of Results of Public Hearings and Online Public Hearings) #

Article 39-3(Re-holding of Public Hearing) #

Article 40(Reports) #

Article 40-2(Affirmation) #

Article 40-3(Publication of Facts of Violations) #

Article 40-4(Administrative Plans) #

Article 41(Administrative Advance Notice of Proposed Rulemaking) #

Article 42(Methods of Advance Notice) #

Article 43(Comment Period) #

Article 44(Submission of Comments and Processing thereof) #

Article 45(Public Hearings) #

Article 46(Administrative Announcement) #

Article 46-2(Compilation and Public Announcement of Statistics on Administrative Announcement) #

Article 47(Methods of Administrative Announcement) #

Article 48(Principles of Administrative Guidance) #

Article 49(Methods of Administrative Guidance) #

Article 50(Submission of Opinions) #

Article 51(Administrative Guidance Directed to Two or More Persons) #

Article 52(Facilitation of Citizens' Participation) #

Article 52-2(Handling of Citizens' Proposals) #

Article 52-3(Window for Citizen Participation) #

Article 53(Online Policy Discussions) #

Article 54(Bearing of Expenses) #

Article 55(Reimbursement of Expenses for Relevant Witnesses) #

Article 56(Request for Cooperation) #