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ENFORCEMENT DECREE OF THE CIVIL PETITIONS TREATMENT ACT — 법갈피

영문법령 / ENFORCEMENT DECREE OF THE CIVIL PETITIONS TREATMENT ACT

ENFORCEMENT DECREE OF THE CIVIL PETITIONS TREATMENT ACT

대통령령일부개정시행 2024-10-29행정안전부,행정안전부,행정안전부 · 제34969호 · 공포 2024-10-29

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Civil Petitions Treatment Act and matters necessary for the enforcement thereof.

Article 2(Scope of Civil Petitioners and Public Institutions) #

(1) "Person prescribe by Presidential Decree, such as an administrative agency (excluding cases of filing a civil petition as an actor in the private economy), a person who is in a contractual relationship with an administrative agency under private law (only referring to the contractual relationship directly related to the civil petition), and a person whose name, address, etc. is unclear" in the proviso of subparagraph 2 of Article 2 of the Civil Petitions Treatment Act (hereinafter referred to as the "Act") means any of the following persons:

1. An administrative agency which requests an administrative agency to perform a specific act, such as disposition (excluding cases where an administrative agency requests as an actor in the private economy);

2. A person in a contractual relationship under private law with an administrative agency, who requests an administrative agency to perform a specific act, such as a disposition directly related to the contractual relationship;

3. A person who requests an administrative agency to perform a specific act, such as disposition, and of whom the name and address, etc. (in cases of a corporation or organization, referring to the name, location of office or business place, and the name of representative thereof) are unclear.

(2) "Corporations, organizations, or agencies prescribed by Presidential Decree" in subparagraph 3 (b) (v) of Article 2 of the Act means any of the following corporations, organizations, or agencies:

1. Research institutes under Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

2. Research institutes pursuant to Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes.

Article 3(Protection of Information of Civil Petitioners)

Article 4(Protection of Persons in Charge of Treating Civil Petitions) #

(1) "Necessary measures prescribed by Presidential Decree, such as prevention and treatment of physical and mental harm to persons in charge of treating civil petitions" in Article 4 (2) of the Act means the following: <Amended on Jul. 11, 2022; Oct. 29, 2024>

1. Installing safety equipment, such as visual data processing devices, calling devices, and audio guides on protective measures, and posting security personnel, etc., in order to secure the safety of persons in charge;

2. Operating portable video and audio recording equipment, audio recording telephones, etc. to prevent abusive language, assault, etc. by civil petitioners and to collect evidence;

3. Eviction, or restriction on temporary access, of a civil petitioner who delays or obstructs the handling of civil petitions by any of the following acts:

(a) Verbal abuse or assault;

(b) Possession of dangerous things, such as weapons and deadly weapon;

(d) Inflicting other physical or mental harm on other civil petitioners or persons in charge.

4. Separating a person in charge or temporarily suspending his or her duties, in order to protect him or her from a civil petitioner where the civil petitioner commits verbal abuse, assault, etc.;

5. Assisting in treating physical and mental injuries caused by verbal abuse, assault, etc. of a civil petitioner and in counseling thereon;

5-2. Filing a criminal complaint with an investigative agency against a civil petitioner who has committed an act in violation of the provisions governing criminal punishment, such as verbal abuse or assault;

5-3. Where a person in charge desires to file a complaint against a civil petitioner falling under subparagraph 5-2, administrative and procedural support for filing such complaint;

6. Providing necessary support, such as submitting articles of evidence or evidentiary document to the competent investigative agency or the court as a measure to assist a person in charge, in cases of a complaint, accusation, or a claim for damages, etc. due to a civil petitioner's verbal abuse, assault, etc.;

7. Setting recommended hours per telephone call or interview with a civil petitioner; in such cases, the recommended hours may be set differently in consideration of the characteristics of each civil petition;

8. In any of the following cases, a measure to terminate a phone call or interview shall be taken; in such cases, the relevant reason shall be notified to the civil petitioner before taking such measure:

(a) Where a civil petitioner repeatedly or continuously speaks abusive language, such as swearing and intimidation, or insults or commits sexual harassment (referring to an act of causing sexual humiliation or disgust through sexual words or behavior, etc.) during a phone call or interview;

(b) Where a petitioner interferes with public services by substantially exceeding the recommended time prescribed in subparagraph 7.

(2) The head of an administrative agency shall designate a department dedicated to exercising general supervision over business affairs related to complaints, accusations, claims for damages, etc. between a civil petitioner and a person in charge, and may provide subsidies to cover all or part of expenses incurred in conducting litigation or response at the stage of investigation, such as expenses incurred in appointing an attorney-at-law and litigation expenses, within the budget. <Newly Inserted on Jul. 11, 2022; Oct. 29, 2024>

(3) Where the head of an administrative agency intends to take any disadvantageous personnel measures against a person in charge in relation to the person's conduct in a civil petitions treatment process, he or she shall take into full consideration the reasons and events leading to the occurrence. <Newly Inserted on Jul. 11, 2022; Oct. 29, 2024>

(4) The State, local governments, and the heads of administrative agencies defined in subparagraph 3 (b) and (c) of Article 2 of the Act may determine matters necessary for the measures provided in paragraphs (1) and (2) by relevant statutes or regulations, municipal ordinances or rules, etc. <Newly Inserted on Jul. 11, 2022; Oct. 29, 2024>

[Title Amended on July 11, 2022]

Article 6(Receipt of Civil Petitions) #

(1) A civil petition shall be received by a civil-petition office (including an electronic civil petition window defined in Article 12-2 (2) of the Act (hereinafter referred to as "electronic civil petition window"); hereinafter the same shall apply): Provided, That where no civil-petition office is established, it shall be received by a department in charge of receipt and dispatch of documents (hereinafter referred to as "department in charge of documents") or the competent department treating civil petitions (hereinafter referred to as "competent department for treatment"). <Amended on Jul. 11, 2022>

(2) When the head of an administrative agency receives a civil petition pursuant to paragraph (1), he or she shall record it in a civil petition treatment log in the order of receipt thereof and issue a filing receipt to the relevant civil petitioner.

(3) "Cases prescribed by Presidential Decree, such as other civil petition, the civil petition which was filed by a civil petitioner not by his or her personal visit, and the civil petition which shall be treated "immediately" in the proviso of Article 9 (2) of the Act, means any of the following civil petitions:

1. Other civil petition;

2. A civil petition which was filed by a civil petitioner not by his or her personal visit under Article 5;

3. A civil petition which shall be treated "immediately";

4. A civil petition for which a document in lieu of a filing receipt is issued.

(4) Upon receipt of a civil petition pursuant to paragraph (1), the head of an administrative agency shall guide a civil petitioner to the complete submission of required documents, standard and procedure of the treatment, expected treatment period, and the anticipated time for necessary field verification or survey.

(5) Where the head of an administrative agency deems it necessary for accepting civil petitions, he or she may verify the identity of the civil petitioner or a person entrusted therewith.

(6) When the head of an administrative agency receives civil petitions of the same purport from five or more civil petitioners, he or she may consolidate and receive them. <Newly Inserted on Jul. 11, 2022>

(7) Where a civil petition is filed through the electronic civil petition window, the head of an administrative agency shall receive it within eight business hours from the time the civil petition arrives at the electronic civil petition window of the competent administrative agency. <Newly Inserted on Jul. 11, 2022>

Article 7-2(Electronic Verification of Evidentiary Documents or Required Documents) #

(1) A civil petitioner who seeks the treatment of a civil petition under Article 10 (3) 3 and 4 of the Act shall submit a document (including an electronic document) specifying the following when filing a civil petition:

1. The name of the institution that has issued evidentiary documents or required documents;

2. The title of evidentiary documents or required documents;

3. The name of the civil-petition service that requires the issuance of evidentiary documents or required documents;

4. Other matters necessary for issuing evidentiary documents or required documents.

(2) If it is impossible to send or receive any evidentiary document or required document in the form of an electronic document due to the information system failure, an administrative agency and an agency issuing evidentiary documents (referring to an agency issuing evidentiary documents or required documents under Article 10 (3) 4 of the Act) may send or receive such evidential document or required document by mail, etc.

(3) Where the head of an administrative agency treats a civil petition under Article 10 (3) 3 or 4 of the Act, the period required for issuing and verifying the evidentiary documents or required documents shall not be included in the period of treating the civil petition.

(4) Where the head of an administrative agency requests the issuance of evidentiary documents or required documents pursuant to Article 10 (3) 4 of the Act, he or she shall remit the fees paid by a civil petitioner to an institution issuing the evidentiary documents: Provided, That where the account of the administrative agency requesting the issuance of evidentiary documents or required documents and the account to which the fees of the institution issuing the evidentiary documents are attributed are the same, the fees shall be accounted for as a tax revenue for the administrative agency without transferring any fees.

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

[Previous Article 7-2 moved to Article 7-3 <Jul. 11, 2022>]

Article 7-3(Sharing of Personal Information upon Request of Civil Petitioners) #

(1) Where a civil petitioner requests the provision of his or her administrative information about him or her pursuant to Article 10-2 (1) of the Act (hereinafter referred to as "personal information"), he or she shall file an application with the head of a civil petition receiving agency, specifying the type of his or her information, the civil petition treatment agency.

(2) The head of a civil petition receiving agency in receipt of an application under paragraph (1) shall without delay inform the head of an agency keeping administrative information of the details thereof.

(3) The head of an agency keeping administrative information who has received a request for the provision of personal information pursuant to paragraph (2) shall provide the personal information to the relevant civil petition treatment agency pursuant to Article 10-2 (2) of the Act.

(4) Where the head of an agency keeping administrative information refuses to provide personal information pursuant to paragraph (3) due to a reason, etc. for restriction or refusal pursuant to Article 35 (4) of the Personal Information Protection Act, he or she shall inform, without delay, the relevant fact and reasons therefor to civil petitioners through the civil petition receiving agency.

(5) Where the provision of personal information under paragraph (3) is delayed or difficult due to a failure in the electronic computer system, etc., the head of an agency in possession of administrative information shall notify the civil petitioner of the relevant fact and the grounds therefor without delay through the civil petition receiving agency and then provide the personal information immediately after the ground for delay is resolved.

(6) "Relevant provisions of Acts prescribed by Presidential Decree" in Article 10-2 (2) 12 of the Act means the main clause of Article 11 (1) of the Act on the Submission and Management of Taxation Data.

(7) The types and detailed types of personal information which can be determined by the Minister of the Interior and Safety after consulting with the head of an agency keeping administrative information pursuant to Article 10-2 (3) and (8) of the Act shall be as follows:

1. The following personal information on the identity of an individual:

(a) Personal information required to verify personal identification of an individual, such as resident registration record cards;

(b) Personal information required to verify matters, etc. concerning an individual's career, such as certificate of military register;

2. Personal information required to identify the status and nature of a corporation or other organization, such as a certificate of registered matters;

3. The following personal information on the certification of qualifications of individuals, corporations or other organizations (hereinafter referred to as "individuals, etc."):

(a) Personal information required to verify qualifications of individuals, etc., such as national technical qualification certificates;

(b) Information about the principal necessary for ascertaining whether the Agency exists, such as authorization and permission, etc.;

4. The following personal information on things or legal rights:

(a) Personal information required to verify rights of real estate or movable property, such as a real estate register or motor vehicle registration certificate;

(b) Personal information on the details of any registered or registered right of laws, such as the patent register;

5. Personal information of the following items, necessary to verify the whereabouts of specific objects, rights, such as land, etc. (whereabouts) and shapes, and the evaluation thereof:

(a) Personal information prepared by an administrative agency concerning the location, current status, etc. of a specific real estate, such as cadastral map and forestry map;

(b) Personal information by an administrative agency about objective evaluation or value of a specific object, such as a written confirmation of the officially assessed individual land, which is necessary for performance of affairs by other individuals, etc.;

6. The following personal information necessary to prove the facts of an individual, etc.:

(a) Personal information required for verifying the location, status, etc. of an individual, such as proof of entry into and departure from Korea and certification of the fact of domestic abode;

(b) Information about persons necessary to verify whether an act under any statutes or regulations, such as tax payment certification and certificate of various registrations, exists and whether the obligation under such statutes or regulations is observed;

7. Other personal information essential for administrative agencies to perform their duties, such as the processing of civil petitions.

(8) The head of a civil petitions handling agency who intends to obtain his or her information shall formulate security measures, such as encryption, control of access to computer systems, and management of records of access, pursuant to Article 10-2 (7) of the Act.

(9) The Minister of the Interior and Safety may prescribe detailed standards necessary to formulate security measures under paragraph (8).

(10) Where conducting a fact-finding inspection pursuant to Article 10-2 (7) of the Act, the Minister of the Interior and Safety shall inform the head of the civil petitions handling agency of items, procedures, timing, etc. of the inspection and may request him or her to submit necessary data.

(11) If a civil petition handling agency deems inevitable for performing administrative work for the joint use of personal information under Article 10-2 of the Act, the agency may process information about health under Article 23 of the Personal Information Protection Act or a document containing a resident registration number, a passport number, a driver's license number, or an alien registration number under subparagraphs 1 through 4 of Article 19 of the Enforcement Decree of that Act.

(12) Except as provided in paragraphs (1) through (11), matters necessary for sharing information about users upon request of a civil petitioner shall be determined and publicly notified by the Minister of the Interior and Safety.

[This Article Newly Inserted on Oct. 5, 2021]

[Moved from Article 7-2; previous Article 7-3 moved to Article 7-4 <Jul. 11, 2022>]

Article 8-2(Scope of Vulnerable Groups in Terms of Access to Civil Petitions and Providing Convenience Therefor) #

(1) Vulnerable groups in terms of access to civil petitions for whom the heads of administrative agencies (excluding local governments and institutions under their control; hereafter in this Article, the same shall apply) shall endeavor to provide convenience under Article 11 (1) of the Act shall be as follows: <Amended on Oct. 29, 2024>

1. Persons with disabilities registered under Article 32 of the Act on Welfare of Persons with Disabilities;

2. Persons who are at least 65 years old;

3. Recipients under the National Basic Living Security Act;

4. Marriage-based immigrants under the Framework Act on Treatment of Foreigners Residing in the Republic of Korea;

5. Persons eligible for protection under the North Korean Refugees Protection and Settlement Support Act;

6. Pregnant women or nursing mother who have filed a report on pregnancy or delivery pursuant to Article 8 (1) of the Mother and Child Health Act;

6-2. A guardian accompanying an infant under the Child Care Act;

7. Persons, other than those specified in subparagraphs 1 through 6 and 6-2, who are recognized by the head of an administrative agency as being in need of convenience in terms of civil petitions due to his or her physical, mental, or linguistic ability, etc.

(2) The head of an administrative agency may provide the following convenience to vulnerable groups in terms of access to civil petitions under Article 11 (1) of the Act:

1. Providing amenities, such as wheel chairs, brochures in braille, hearing aids, and reading glasses;

2. Establishing and operating an exclusive window for vulnerable groups in terms of access to civil petitions;

3. Providing information and education about methods of processing civil petitions using the information system, etc.;

4. Matters that the head of an administrative agency deems necessary for the convenience of civil petitions, other than those specified in subparagraphs 1 through 3.

(3) The ratio or amount of reduction of or exemption from fees for treating civil petitions that the head of an administrative agency grants to vulnerable groups in terms of access to civil petitions pursuant to Article 11 (2) of the Act, shall be at least the ratio or amount of reduction or exemption under Article 12-2 (5) of the Act: Provided, That where any other statute or regulation provides otherwise, the relevant provision shall apply.

(4) Upon determining the ratio or amount of reduction of or exemption from fees for treating civil petitions for vulnerable groups in terms of access to civil petitions pursuant to paragraph (3), the head of an administrative agency shall make such decision public on the website of the administrative agency, etc.

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

Article 10(Providing Convenience for Filing by Keeping of Civil Petition Manuals) #

(1) The head of an administrative agency shall take necessary measures, such as preparing a civil petition manual under Article 13 of the Act (hereinafter referred to as "civil petition manual") or installing a computer in civil-petition offices, etc., in order to allow civil petitioners to peruse the civil petition manual (including perusal via the Internet, etc.).

(2) The head of an administrative agency shall clearly state, in a civil petition manual, the application form for filing petitions, required documents, competent departments for treatment, agencies to contact or consult with, treatment procedures, treatment period, examination standards, treatment charges, and other necessary matters for guidance on civil petitions (including matters that can be confirmed by an administrative agency pursuant to Article 10 (3) 2 of the Act) by each type of civil petitions.

(3) The head of an administrative agency shall post a notice on civil-petition offices or publish it in a civil petition manual after determining the types thereof, for any of the following civil petitions:

1. Civil petitions that may be issued by an unmanned machine for civil petitions pursuant to Article 28 of the Act;

2. Civil petitions that may be filed by an information and communications network, such as facsimile or the Internet, etc., or by post, etc. pursuant to Article 5;

3. Civil petitions that may be filed by the dictation of a civil petitioner and the preparation of documents on the dictated matters by a person in charge pursuant to paragraph (4).

(4) In cases of civil petitions received in writing, where a civil petitioner dictated the matters necessary for filing a civil petition and the person in charge prepared a document thereof, which includes a signature of the civil petitioner, the head of an administrative agency may receive it as a civil petition document, for the convenience of the civil petitioner.

Article 11(Operation of Electronic Civil Petition Windows) #

(1) The head of an administrative agency may treat any of the following civil petitions through an electronic civil petition window:

1. Application for, receipt of civil petitions, transfer of civil petition documents, and notification of treatment results;

2. Guidance on treatment procedures for civil petitions, including notification of extension of treatment period, processing status, scheduled treatment completion date, etc.;

3. Provision of information related to treatment civil petitions, such as statues or regulations, civil petition manuals, and the standards for treating civil petitions pursuant to Article 36 (1) of the Act, etc.

(2) When the head of an administrative agency treats a civil petition pursuant to paragraph (1), he or she shall strengthen security or take other necessary measures to protect personal information.

(3) The head of an administrative agency shall appoint an electronic civil petition officer from among public officials under his or her jurisdiction to efficiently operate the electronic civil petition window. In such cases, where the workload is deemed excessive, an assistant electronic civil petition officer may be appointed to take partial charge of the duties. <Newly Inserted on Jul. 11, 2022>

(4) The head of an administrative agency may have civil petition examiners under Article 25 (1) of the Act or assistant civil petition examiners under Article 28 (1) concurrently serve as electronic civil petition officers or assistant electronic civil petition officers under paragraph (3) in order to unify civil petition windows and efficiently handle duties. <Newly Inserted on Jul. 11, 2022>

(5) The Minister of the Interior and Safety may receive applications for at least two civil petitions en bloc through the integrated electronic civil petition window and transfer such civil petitions to a competent administrative agency for treatment. <Newly Inserted on Jul. 11, 2022>

(6) Upon determining the ratio or amount of reduction of or exemption from fees for civil petitions processed through the electronic civil petition window or integrated electronic civil petition window under Article 12-2 (5) of the Act, the head of an administrative agency shall notify the Minister of the Interior and Safety thereof. <Newly Inserted on Jul. 11, 2022>

(7) The Minister of the Interior and Safety shall reflect the reduction ratio or reduction amount notified pursuant to paragraph (6) in the standards for treatment of civil petitions provided in Article 36 (1) of the Act. <Newly Inserted on Jul. 11, 2022>

(8) An expense, in addition to the charges, for handling affairs under Article 12-2 (6) of the Act shall be determined at the minimum costs required for electronic settlement under Article 29 of the Act. <Newly Inserted on Jul. 11, 2022>

Article 12(Receipt and Issuance of Civil Petitions Using Other Administrative Agencies) #

(1) "Corporation prescribed by Presidential Decree" in Article 14 (1) of the Act means any of the following corporations:

1. Associations established under the Agricultural Cooperatives Act and the National Agricultural Cooperative Federation (hereinafter referred to as "agricultural cooperatives");

2. Community credit cooperatives established under the Community Credit Cooperatives Act and the Korean Federation of Community Credit Cooperatives (hereinafter referred to as "community credit cooperatives").

(2) Other administrative agencies, agricultural cooperatives, or community credit cooperatives (hereafter in this Article referred to as "receiving agency"), in receipt of a civil petition under Article 14 (1) of the Act, shall, without delay, send the civil petition to the competent administrative agency.

(3) A competent administrative agency in receipt of the civil petition pursuant to paragraph (2) shall treat the civil petition expeditiously and report the result thereof to other agencies, agricultural cooperatives, or community credit cooperatives (hereafter in this Article referred to as "issuing agency") from which the civil petitioner intends to receive the civil petition. In such cases, where the receiving agency was requested by the competent administrative agency to send the filing document, required document, etc. related to the relevant civil petitions, it shall, without delay, send it.

(4) The head of another administrative agency who issues the civil petition document pursuant to Article 14 (1) of the Act may issue civil petition documents by omitting an official seal (including electronic image seal; hereinafter the same shall apply) of the competent administrative agency and affixing an official seal of the relevant agency: Provided, That he or she shall affix the official seal of the competent administrative agency for the civil petition which requires the official seal of the competent administrative agency due to relevant statues or regulations or the nature of the civil petition.

(5) Notwithstanding paragraph (3), where the same civil petitioner applies for issuance of a huge amount of the same document, such as certificate, (excluding electronic document under subparagraph 7 of Article 2 of the Electronic Government Act) simultaneously (including cases where the application was filed several times on the same working day) and therefore it is impracticable to treat them within the treatment period, the head of the competent administrative agency in receipt of the civil petition may issue the document by extending the treatment period by one day for every 20 documents.

(6) Where a civil petitioner files for a civil petition pursuant to Article 14 (1) of the Act, he or she shall pay additional expenses, including expenses incurred in treatment, in addition to the fees prescribed by statutes or regulations, directives, established rules, public notifications, municipal ordinances, or rules, etc. (hereinafter referred to as "relevant statues or regulations, etc.").

(7) The Minister of the Interior and Safety shall determine the types of civil petitions which may be received and treated by other administrative agencies, agricultural cooperatives, or community credit cooperatives, the receiving and issuing agency thereof, and the additional expenses thereof, etc. after consultation with the head of the relevant administrative agency, and make notification thereof. In such cases, he or she shall consult with the Chairmen of the National Agricultural Cooperative Federation about the civil petitions which may be received and issued by agricultural cooperatives and shall consult with the Chairmen of the Korean Federation of Community Credit Cooperatives about the civil petitions which may be received and issued by community credit cooperatives. <Amended on Jul. 26, 2017>

(8) Where a civil petitioner combines and files two or more civil petitions over which different administrative agencies have jurisdiction, other administrative agencies under Article 14 (1) of the Act, agricultural cooperatives, or community credit cooperatives may receive them and issue the document thereof in combination. <Amended on Jun. 4, 2019>

(9) A civil petition received in combination pursuant to paragraph (8) shall be deemed to have been received by each competent administrative agency according to statutes or regulations governing the civil petition. In such cases, where there is a civil petition, from among the civil petitions received in combination, which shall be completed in advance for the treatment of other civil petitions, the period necessary for the completion of the preceding civil petition shall not be included in the treatment period of the other civil petitions.

(10) The type of civil petitions that may be received and issued in combination by other administrative agencies under Article 14 (1) of the Act, agricultural cooperatives, or community credit cooperatives pursuant to paragraph (8), receiving and issuing agency, etc., thereof and other necessary matters shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended on Jul. 26, 2017; Jun. 4, 2019>

Article 17(Treatment Period of Civil Petition for Grievance) #

(1) The head of an administrative agency in receipt of a civil petition for grievance shall treat it within 7 days, unless there is a compelling reason not to do so.

(2) Where a civil petitioner submits a civil petition for grievance with the same details again, the head of an administrative agency shall request the department in charge of inspection, etc. to investigate it.

(3) When the head of an administrative agency deems that the details of a civil petition for grievance treated pursuant to paragraph (1) has just grounds, he or she shall, without delay, take appropriate measures, such as cancellation or modification of the original disposition, and notify the civil petitioner of the details thereof.

(4) The head of an administrative agency may conduct an on-site survey, etc. within 14 days when it is necessary to treat a civil petition for grievance: Provided, That when it is deemed impossible to complete the on-site survey, etc. within 14 days due to unavoidable reasons, he or she may extend the period only once within the scope of seven days. <Amended on Jan. 5, 2021>

(5) The period required for the on-site survey, etc. pursuant to paragraph (4) shall not be included in the treatment period pursuant to paragraph (1). <Amended on Jan. 5, 2021>

(6) Where a civil petitioner underwent the investigation of the department in charge of inspection, etc. pursuant to paragraph (2), he or she may file a civil petition for grievance with the head of a supervisory agency with the authority to provide guidance, supervision, etc. of the affairs relevant to the civil petition for grievance. In such cases, the provision of paragraphs (1), (2), (4), and (5) shall apply mutatis mutandis to the treatment period and treatment method, etc. of civil petitions for grievance of the supervisory agency.

(7) The head of a supervisory agency shall notify the result of treating the civil petition for grievance pursuant to paragraph (6) to the head of the competent administrative agency. In such cases, except in extenuating circumstances, the head of the competent administrative agency may respect the result thereof, take proper measures, and notify the civil petition thereof.

(8) Even after filing a civil petition for grievance or being notified of the result of the civil petition treatment pursuant to paragraphs (1) through (7), a civil petitioner may file a civil petition for grievance with the Anti-Corruption and Civil Rights Commission or Local Ombudsman under subparagraph 9 of Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission. <Newly Inserted on Jun. 4, 2019>

[Title Amended on Jun. 4, 2019]

Article 32(Issuance of Civil Petition Documents Using Unmanned Machines for Issuing Civil Petition Documents) #

(1) Where the head of an administrative agency issues the civil petition documents using unmanned machines for issuing civil petition documents pursuant to Article 28 (1) of the Act, he or she may issue the documents by omitting an official seal (including electronic image seal; hereinafter the same shall apply) of the relevant administrative agency and affixing an official seal of the relevant agency: Provided, That he or she shall affix the official seal of the competent administrative agency for the civil petition document which requires the official seal of the competent administrative agency due to relevant statues or regulations or the nature of the civil petition.

(2) Where the identification of a civil petitioner is needed for issuing civil petition documents pursuant to statutes or regulations and the method of identification is not expressly prescribed in statues, the head of an administrative agency may use electronic media prescribed by the Minister of the Interior and Safety for the identification. <Amended on Jul. 26, 2017>

(3) The head of an administrative agency shall determine the types of civil petitions which may be treated by using unmanned machines for issuing civil petition documents and additional costs thereof, the types, etc. of civil petitions of which the identification is allowed by using electronic media pursuant to paragraph (2), and notify them on the official gazette and place a notice thereof on its Internet website. In such cases, the Minister of the Interior and Safety shall in advance consult with the head of a central administrative agency in charge of the relevant civil petitions. <Amended on Jul. 26, 2017>

(4) Matters necessary for the establishment, operation, etc. of unmanned machines for issuing civil petition documents, other than those prescribed in paragraphs (1) through (3), shall be prescribed by the Minister of the Interior and Safety. <Amended on Jul. 26, 2017>

Article 36(Establishment and Operation of Civil Petition Deliberation Committee) #

(1) In order to deliberate on complex civil petitions pursuant to Article 32 (3) 3 of the Act, the head of an administrative agency shall establish and operate a civil petition deliberation committee under his or her jurisdiction. In such cases, the names of the civil petition deliberation committees may vary, considering the characteristics of the relevant agency.

(2) The head commissioner (hereafter in this Article referred to as the "head commissioner") of a civil petition deliberation committee pursuant to paragraph (1) (hereinafter referred to as "civil petition deliberation committee") shall be the head of the competent department for treatment, and the members of the committed shall be the persons in charge of business in the relevant agency or department.

(3) Notwithstanding paragraph (2), when head of an administrative agency deems it particularly necessary, he or she may appoint an external specialist related to civil petitions as the member of the civil petition deliberation committee.

(4) The head commissioner may request the persons in charge of the business in the relevant agency or department to attend a meeting, and the persons so requested shall attend the meeting of the civil petition deliberation committee, in the absence of good cause.

(5) When the head commissioner deems it necessary for the deliberation, he or she may request the relevant agency or department to jointly conduct a field investigation or survey, etc. and the requested agency or department shall comply with such request, unless there is a compelling reason not to do so.

(6) When the head commissioner deems it necessary for the efficient operation of the civil petition deliberation committee, he or she may listen to the opinion of the relevant persons, persons for reference, or experts.

(7) When the head commissioner has a civil petitioner attend the civil petition deliberation committee, he or she shall notify the civil petitioner of the meeting schedule, etc. in advance. In such cases, where the civil petitioner wishes or has a special reason not to attend the meeting, he or she may be allowed to state his or her opinion in writing (including documents by electronic methods; hereinafter the same shall apply).

(8) For expeditious treatment of complex civil petitions that require substantial economic costs for, such as founding or establishment of business, construction of a factory, etc., the head of an administrative agency may directly introduce them to the civil petition mediation committee pursuant to Article 34 (1) of the Act and deliberate them, after omitting deliberation by the civil petition deliberation committee.

Article 38(Establishment and Operation of Civil Petition Coordination Committee) #

(1) "Matters prescribed by Presidential Decree" in Article 34 (1) 4 of the Act means any of the following:

1. Designation of the competent department for treatment of civil petitions, of which the jurisdiction is unclear;

2. Improvement of statues or regulations or systems related to civil petitions;

3. Complex civil petitions introduced pursuant to Article 36 (8);

4. Other matters submitted to the meeting of the civil petition mediation committee pursuant to Article 34 (1) of the Act (hereinafter referred to as "civil petition mediation committee") by the head of the relevant agency for comprehensive review, mediation, and closure of civil petitions.

(2) Notwithstanding Article 34 (1) 3 of the Act, the head of an administrative agency may omit the deliberation by the civil petition mediation committee in any of the following cases:

1. Where no discretion exists for the judgment of an administrative agency in treating the relevant civil petition;

2. Where no discretion exists for interpretation since the requirements for treating civil petitions are specifically prescribed in statues or regulations;

3. A civil petition which was rejected after deliberation by the civil petition mediation committee is received again on the same grounds.

(3) The head commissioner of the civil petition mediation committee (hereafter in this Article referred to as the "head commissioner") shall be designated by the head of an administrative agency, from among the director-level public officials belonging thereto or the employees corresponding thereto, and the members of the committee shall be the head of the competent department for treatment, the head of the relevant department, the head of department in charge of inspection, external legal experts, and external experts relevant to civil petitions, in principle: Provided, That in cases of deliberating or mediating the complex civil petitions which are determined to be subject to rejection by the civil petition deliberation committee after consultation with the relevant agency, the head of competent department for treatment of the relevant agency may be the member of committee.

(4) When the head commissioner of the civil petition mediation committee deems it necessary for the efficient operation of the civil petition mediation committee, he or she may listen to the opinion of persons concerned, persons for reference, or experts.

(5) When the head commissioner of the civil petition mediation committee holds a civil petition mediation committee meeting, he or she shall notify the civil petitioner, persons concerned, etc. of the meeting schedule, etc. in advance so that the civil petitioner, persons concerned, etc. may attend the meeting. In such cases, where the civil petitioner, relevant persons, etc. wishes or has any special ground not to attend the meeting, he or she may be allowed to state his or her opinion in writing.

Article 38-2(Deliberation by Civil Petition Mediation Committee on Civil Petitions Related to Many Persons) #

(1) The civil petition mediation committee shall deliberate on matters regarding civil petitions related to many persons and civil petitions which are received again after their closure under Article 23 (1) of the Act (hereafter in this Article referred to as "civil petitions related to many persons, etc.") at least once a year.

(2) Where a civil petition related to many persons, etc., which was rejected after deliberation by the civil petition mediation committee, is received again on the same grounds, the head of an administrative agency may request the head of its higher-level administrative agency that guides and supervises him or her to present opinions: Provided, That the head of a central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the superintendent of education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province may appoint a public official ranked higher than the chairperson of the civil petition mediation committee nominated under the main clause of Article 38 (3) as a chairperson to deliberate thereon, without requesting opinions under the main clause.

(3) Where the head of an administrative agency in receipt of a request to present his or her opinion pursuant to the main clause of paragraph (2) intends to do so, he or she shall submit the opinion to the civil petition mediation committee for deliberation.

(4) Where a civil petition related to many persons, etc., which was rejected after presentation of opinions or deliberation under the main clause of paragraph (2) and paragraph (3) or after deliberation under the proviso of paragraph (2), is received again on the same grounds and falls under Article 23 (1) of the Act, the head of an administrative agency may omit deliberation by the civil petition mediation committee and close the case.

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

ENFORCEMENT DECREE OF THE CIVIL PETITIONS TREATMENT ACT

Article 1(Purpose) #

Article 2(Scope of Civil Petitioners and Public Institutions) #

Article 3(Protection of Information of Civil Petitioners)

Article 4(Protection of Persons in Charge of Treating Civil Petitions) #

Article 5(Method of Filing Civil Petitions) #

Article 5-2(Exception to Electronic Submission of Evidentiary Documents or Required Documents) #

Article 5-3(Verification of Authenticity of Submitted Digitized Documents) #

Article 6(Receipt of Civil Petitions) #

Article 7(Application Forms and Required Documents) #

Article 7-2(Electronic Verification of Evidentiary Documents or Required Documents) #

Article 7-3(Sharing of Personal Information upon Request of Civil Petitioners) #

Article 7-4(Regular Joint Use of Personal Information upon Request of Civil Petitioners) #

Article 8(Selection of Representatives among Many Civil Petitioners) #

Article 8-2(Scope of Vulnerable Groups in Terms of Access to Civil Petitions and Providing Convenience Therefor) #

Article 8-3(Operation of Civil-Petition Offices) #

Article 9(Civil-Petition Offices) #

Article 10(Providing Convenience for Filing by Keeping of Civil Petition Manuals) #

Article 10-2(Establishment of Electronic Civil Petition Windows) #

Article 11(Operation of Electronic Civil Petition Windows) #

Article 11-2(Restriction on Use of Electronic Civil Service Window) #

Article 12(Receipt and Issuance of Civil Petitions Using Other Administrative Agencies) #

Article 13(Delivery of Civil Petition Documents) #

Article 14(Treatment Period of Inquiry Civil Petitions) #

Article 15(Treatment Period of Suggestive Civil Petitions) #

Article 16(Treatment Period of Other Civil Petitions) #

Article 17(Treatment Period of Civil Petition for Grievance) #

Article 18(Request for Correcting Treatment Procedure of Civil Petition) #

Article 19(Calculation of Period for Treating Civil Petitions) #

Article 20(Period Excluded from Treatment Period) #

Article 21(Extension of Treatment Period) #

Article 22(Verification and Checking of Status of Treatment Progress) #

Article 23(Notification of Processing Status) #

Article 24(Supplementation Procedure and Method of Civil Petition Documents) #

Article 25(Return of Civil Petition Documents) #

Article 26(Treating of Repetitive or Redundant Civil Petitions Related to Many Persons) #

Article 27(Management of Civil Petitions Related to Many Persons) #

Article 28(Duties of Civil Petition Examiners) #

Article 29(Method of Notifying Treatment Results) #

Article 30(Use of Electronic Documents after Printing Out) #

Article 31(Clarification of Person in Charge of Treatment) #

Article 32(Issuance of Civil Petition Documents Using Unmanned Machines for Issuing Civil Petition Documents) #

Article 33(Guidance on Civil Petition subject to Requests for Preliminary Review) #

Article 34(Treatment Procedure for Civil Petitions Subject to Requests for Preliminary Review) #

Article 35(Method and Procedure of Treating Complex Civil Petitions) #

Article 36(Establishment and Operation of Civil Petition Deliberation Committee) #

Article 37(Designation and Operation of Civil Petition Supporter) #

Article 38(Establishment and Operation of Civil Petition Coordination Committee) #

Article 38-2(Deliberation by Civil Petition Mediation Committee on Civil Petitions Related to Many Persons) #

Article 39(Final Decisions by Head of Administrative Agency) #

Article 40(Method and Treatment Procedure for Objections) #

Article 41(Improvement of Civil Petition System) #

Article 42(Functions of Coordination Committee) #

Article 43(Organization of Coordination Committee) #

Article 44(Hearing of Opinions of Coordination Committee) #

Article 45(Duties of Head Commissioner of Coordination Committee) #

Article 46(Acting Head Commissioner of Coordination Committee) #

Article 47(Detailed Rule of Operation) #

Article 48(Gathering of Opinions) #

Article 48-2(Submission of Plans for Streamlining Process Related to Civil Petitions) #

Article 48-3(Preliminary Examination on Establishment of Legal Civil Petitions) #

Article 49(Verification and Check) #

Article 50(Assessment) #

Article 51(Collection of Public Opinion on Civil Petition Administration) #

Article 52(Processing of Personally Identifiable Information) #

Article 53(Special Cases concerning the National Assembly) #