REGULATIONS ON MANAGEMENT OF LEGISLATIVE AFFAIRS

영문법령 불러오는 중…

REGULATIONS ON MANAGEMENT OF LEGISLATIVE AFFAIRS — 법갈피

Article 11(Cooperation between Agencies in Government Legislative Process) #

(1) The head of an agency proposing a Government Bill shall consult with the heads of related agencies (including the heads of agencies subject to consultation based on statutes or regulations) from the early stage of drafting a Government Bill; and upon drafting the Government Bill, he or she shall submit the details of the relevant Government Bill to the heads of related agencies (including the heads of agencies subject to consultation based on statutes or regulations; and in a Government Bill affecting local governments, which falls under any of the following cases, including a consultative council of heads of local governments, etc. established under Article 182 of the Local Autonomy Act or the heads of the related local governments; hereafter in this Article, the same shall apply) to consider their opinions: <Amended on Oct. 10, 2013; Dec. 29, 2017; Dec. 16, 2021>

1. Where a Bill prescribes the organization, personnel management, finance, etc. of a local government;

2. Where a Bill prescribes that a local government or the head of the local government shall be granted a specific right or imposed duties on;

3. Where a Bill prescribes that particular matters shall be delegated to be determined by ordinance or rule of a local government;

4. Where a Bill prescribes that the affairs of the State shall be delegated to and be managed by a local government;

5. Other Government Bills affecting the administration, finance, etc. of a local government, which are prescribed by Ordinance of the Prime Minister, as deemed necessary to conduct consultation on them.

(2) Where any of the following grounds arises in relation to the Government Bill which has undergone consultation with the heads of related agencies under paragraph (1), the head of the agency proposing such Government Bill shall submit again the details of the Bill to the heads of related agencies to consider their opinions: <Amended on Jan. 22, 2013>

1. Where any content directly involving the rights and obligations of the people or people's lives is added;

2. Other cases where it is necessary to consult again with the heads of related agencies due to a change of the purport, an important matter, etc. of the Government Bill.

(3) When the head of an agency proposing a Government Bill drafts a Bill for an Act or Decree that imposes a financial burden, he or she shall prepare a statement on estimated financial expenses to be incurred due to the enforcement of the relevant Government Bill, as prescribed by Ordinance of the Prime Minister, and append it to the Bill proposed to the State Council.

(4) A period for providing opinions on a Government Bill under paragraphs (1) and (2) shall be at least 10 days: Provided, That where a period for providing opinions is fixed at less than 10 days in extenuating circumstances, such as the occurrence of a ground which compels urgently facilitating legislation, it may be shortened following consultation with the Minister of Government Legislation.

(5) The head of an agency proposing a Government Bill and the Minister of Government Legislation shall ensure that consultation on Government legislation, coordination of opinions, and cooperation among Government agencies can be conducted efficiently throughout the legislative process, including the drafting, examination, and promulgation of Bills.

(6) When the head of an agency proposing a Government Bill requests any of the following assessment or consultation, he or she shall send the relevant Bill to the head of a related agency pursuant to paragraphs (1) and (2) through the legislative information system under Article 30 (1) (hereinafter referred to as "legislative information system"); in such cases, the Personal Information Protection Commission, the Anti-Corruption and Civil Rights Commission, the Minister of Gender Equality and Family, the Minister of the Interior and Safety, and the Commissioner of the Statistics Korea shall notify the results of the assessment or consultation to the head before the end of the period for pre-announcement of legislation (including the period for a second pre-announcement of legislation, in cases of making a second pre-announcement of legislation under Article 41 (4) of the Administrative Procedures Act) through the legislative information system except in extenuating circumstances: <Amended on Jan. 22, 2013; Oct. 10, 2013; May 8, 2017; Mar. 12, 2019; Dec. 1, 2021; Dec. 16, 2021>

1. Assessment of data breach incident factors conducted under Article 8-2 of the Personal Information Protection Act;

2. Corruption risk assessment conducted under Article 28 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission and Article 30 of the Enforcement Decree of that Act;

3. Gender impact assessment under Article 5 of the Gender Impact Assessment Act;

4. Prior consultation regarding autonomy and decentralization under Article 11 of the Enforcement Decree of the Local Autonomy Act;

5. Statistics-based policy evaluation conducted under Article 12-2 of the Statistics Act.

[This Article Wholly Amended on Oct. 5, 2010]

[Title Amended on Nov. 19, 2014]

Article 11-2(Cooperation between Agencies during Legislative Process of Related Statutes or Regulations) #

(1) Where any of the following matters is included in a Government Bill, the head of an agency proposing the Government Bill shall consult with the head of a related agency on the necessity for the concurrent amendments of statutes or regulations under the jurisdiction of the related agency:

1. Amendments of the same or similar provisions as those prescribed in other statutes or regulations, which therefore require the concurrent amendments of statutes or regulations under the jurisdiction of the related agency;

2. Other matters which require the concurrent amendments of statutes or regulations under the jurisdiction of the related agency due to the modification of provisions, terms, details, etc. of the relevant Government Bill.

(2) The head of an agency proposing a Government Bill and the head of a related agency shall prepare an action plan to amend statutes or regulations under the jurisdiction of the related agency which require the concurrent amendments as a result of consultation under paragraph (1) (hereinafter referred to as "related statutes or regulations"), including the methods and schedule of implementation of the amendments to the related statutes or regulations.

(3) Where a Government Bill proposed by the head of an agency proposing a Government Bill includes any of the matters specified in the subparagraphs of paragraph (1) but no consultation under paragraph (1) is conducted in the absence of special circumstances, the Minister of Government Legislation may request the head of the agency proposing a Government Bill and the head of the related agency to conduct consultation under paragraph (1).

(4) Where the head of an agency proposing a Government Bill, the head of a related agency, and the Minister of Government Legislation intends to make the concurrent amendments of related statutes or regulations to secure the unity, consistency, equity, etc. of legislative policies, they shall ensure efficient cooperation throughout the whole legislative procedures, such as the drafting of a Government Bill, consultation with related agencies, pre-announcement of legislation, assessment, consultation, and examination of regulations under Article 11 (6), and examination of Government Bills.

[This Article Newly Inserted on Jan 5, 2021]

[Previous Article 11-2 moved to Article 11-3 <Jan. 5, 2021>]

Article 11-3(Cooperation between Government Agencies on Bills Proposed by Members of the National Assembly) #

(1) When a Bill proposed by a member(s) of the National Assembly (hereinafter referred to as "member's Bill") is submitted to the competent Standing Committee of the National Assembly, etc., the Minister of Government Legislation shall give notice thereof to the head of a central administrative agency having jurisdiction over the relevant member's Bill (hereinafter referred to as "agency having jurisdiction over a member's Bill") and the heads of related agencies (including the heads agencies subject to consultation based on statutes or regulations; hereinafter the same shall apply).

(2) Upon receipt of a notice given under paragraph (1), the head of an agency having jurisdiction over the relevant member's Bill shall seek opinions from the heads of related agencies for a fixed period of at least 10 days, in cases prescribed by Ordinance of the Prime Minister as requiring Ministerial cooperation in connection with the budget, organization, regulation, etc.: Provided, That the timing of seeking opinion may be changed, if necessary, in consideration of the deliberation schedule of the National Assembly; and opinions may be sought for a fixed period of less than 10 days where any good cause exists, such as where it is impracticable to specify a period of at least 10 days due to the deliberation schedule of the National Assembly. <Amended on May 8, 2017; Jan. 5, 2021>

(3) For the correlation of opinions inside the Government on a member's Bill notified under paragraph (1), or facilitation of legislation of such Bill, the head of a related agency may take necessary measures, such as presenting his or her opinions to the head of an agency having jurisdiction over the member's Bill. In such cases, the head of the agency having jurisdiction over the member's Bill shall review the opinions presented by the head of the related agency and reply with the results within 15 days from the date of receiving such opinions; and if it is impracticable to reply within 15 days, he or she shall notify the reason and the deadline for reply. <Amended on Aug. 28, 2018; Aug. 13, 2019>

(4) Where it is necessary to gather consensus from Government agencies to facilitate implementation of policies, the head of an agency having jurisdiction over the member's Bill shall proactively cooperate in the deliberation of the National Assembly on the relevant member's Bill after promptly undergoing consultation with the Governmental Legislative Policy Council established under Article 12-2 or coordination by a related coordination authority, such as the Office for Government Policy Coordination.

(5) Where it is necessary to solve legal problems to facilitate the legislation of a member's Bill, the Minister of Government Legislation shall notify the head of the agency having jurisdiction over the member's Bill, and shall provide legislative support if requested by the head of the relevant agency.

[This Article Newly Inserted on Nov. 19, 2014]

[Moved from Article 11-2; previous Article 11-3 moved to Article 11-4 <Jan. 5, 2021>]

Article 12-2(Governmental Legislative Policy Council and Working Committee) #

(1) There shall be established a Governmental Legislative Policy Council (hereinafter referred to as the "Council") under the jurisdiction of the Ministry of Government Legislation to resolve the conflicting opinions among related agencies, regarding Government Bills under Article 11-4 and to consistently implement the Governmental legislative policy in the National Assembly's deliberative process referred to in Article 12. <Amended on Nov. 19, 2014; Jan. 5, 2021>

(2) The Council shall consult on the following matters:

1. Matters for which opinions differ between the head of an agency proposing a Government Bill and the head of a related agency due to conflicts on statutory interpretation of the Bill during the Government's legislative process;

2. Matters concerning suggesting unified governmental opinion on a Bill being deliberated upon by the National Assembly;

3. Matters for which opinions differ between the head of the relevant central administrative agency and the head of a related agency due to conflicts on statutory interpretation of a Bill for a Presidential Directive and a Bill for a Prime Ministerial Directive during the Government's legislative process;

4. Matters concerning cooperation among Ministries and measures related to the request for reconsideration filed under Article 53 (2) of the Constitution of the Republic of Korea.

(3) The Council shall be comprised of the following members: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 1, 2021>

1. Members in general service (including public officials in special service and in extraordinary civil service equivalent thereto; hereafter in this Article and Article 29-4, the same shall apply) who are members of the Senior Executive Service of the Ministry of Economy and Finance, the Ministry of Justice, the Ministry of the Interior and Safety, the Office for Government Policy Coordination, the Fair Trade Commission, and the Ministry of Government Legislation;

2. Public officials in general service who are members of the Senior Executive Service of an agency proposing a Government Bill, an agency having jurisdiction over a member's Bill, and a related agency.

(4) The Vice Minister of the Ministry of Government Legislation shall serve as the chairperson of the Council.

(5) In either of the following cases, the chairperson of the Council may convene a meeting: <Amended on May 8, 2017; Jan. 5, 2021>

1. If a request is made under Article 11-4 (1);

2. If the chairperson of the Council acknowledges that the resolution of conflicting opinions among related agencies in the Government's legislative process, or unified governmental opinion on a member's Bill is required.

(6) In order to provide efficient support to consultations on the agenda that becomes the subject matter of consultation under paragraph (2), there may be established a working committee comprised of public officials belonging to an agency proposing a Government Bill, an agency having jurisdiction over a member's Bill, related agencies, the Office for Government Policy Coordination, and the Ministry of Government Legislation. <Amended on Nov. 19, 2014; May 8, 2017>

[This Article Wholly Amended on Oct. 5, 2010]

Article 15(Methods of Pre-Announcement) #

(1) The head of an agency proposing a Government Bill shall pre-announce legislation in the Official Gazette or through the legislative information system and take other necessary measures to promulgate the details to be legislated, by utilizing newspapers, broadcasting, publications of interested organizations or institutions, etc. <Amended on Oct. 20, 2015; May 8, 2017; Dec. 1, 2021>

(2) The head of an agency proposing a Government Bill shall notify the matters to be pre-announced to the relevant local governments or organizations deemed to have a direct interest in the Bill. <Amended on May 8, 2017>

(3) The head of an agency proposing a Government Bill shall publish the following information when pre-announcing legislation: Provided, That where it is pre-announced by any other means than the legislative information system, information specified in subparagraphs 5 through 8 may be omitted: <Amended on Oct. 20, 2015; May 8, 2017>

1. Main contents of a Government Bill;

2. An institution that receives opinions submitted;

3. Period for submission of opinions;

4. Methods of submitting opinions;

5. A regulatory impact analysis report prepared under Article 7 (1) of the Framework Act on Administrative Regulations;

6. Full text of a Government Bill (including a comparative table of current and new provisions);

7. Reference or explanatory materials on the background of legislation, such as a statement on the grounds for the enactment or amendment of a statute by each provision;

8. Other matters necessary to attain the objectives of the pre-announcement of legislation.

(4) The methods of submitting opinions referred to in paragraph (3) 4 shall include the method of submitting opinions through the legislative information system. <Newly Inserted on Oct. 20, 2015; May 8, 2017>

(5) Where it is necessary to pre-announce the details of a Government Bill because they contain important policies of the State or matters significantly affecting people's lives, the Minister of Government Legislation may make a pre-announcement by posting a paid announcement on the Internet website, in daily newspapers, etc. or by other means. <Amended on Oct. 20, 2015>

[This Article Wholly Amended on Oct. 5, 2010]

Article 21(Request for Examination of Government Bills) #

(1) Each Minister or the head of an agency under the jurisdiction of the President or the Prime Minister that proposes Government Bills, shall request the Minister of Government Legislation to examine Bills after undergoing the following legislative procedures:

1. Consultation with the heads of related agencies under Article 11 (1) and (2);

2. Pre-announcement of legislation under Article 41 of the Administrative Procedures Act;

3. Examination of regulations under Article 10 (1) of the Framework Act on Administrative Regulations.

(2) Where a Minister or the head of an agency under the jurisdiction of the President or the Prime Minister that proposes Government Bills requests the Minister of Government Legislation to examine Bills pursuant to paragraph (1), he or she shall submit the details of the Government Bills also to the heads of related agencies without delay: Provided, That he or she need not submit the details of the Government Bills to the heads of related agencies if the details of the Government Bills to be examined by the Minister of Government Legislation are the same as the details of the Government Bill submitted to the heads of the related agencies under Article 11 (1) or (2).

(3) The Minister of Foreign Affairs shall request the Minister of Government Legislation to examine a treaty Bill before finalizing the details thereof, after consulting thereon with the heads of related agencies. <Amended on Mar. 23, 2013>

(4) Where a request for the examination of any of the following Government Bills or treaty Bills is filed, the Minister of Government Legislation may return the request, specifying the grounds therefor. In such cases, he or she shall consult with the head of the agency proposing a Government Bill in cases falling under subparagraphs 3 through 5:

1. A Government Bill or treaty Bill not having undergone consultation with the head of a related agency, procedures for pre-announcement of legislation, or examination of regulations under paragraph (1) and (3);

2. A Government Bill not included in the Government's legislative plan;

3. A Government Bill or treaty bill deemed unconstitutional or deemed to have obvious juridical problems;

4. A Government Bill deemed necessary to be reexamined due to the change in circumstances, such as revisions of governmental policies;

5. Other Government Bills or treaty Bills for which the legislative process is necessary to be rescheduled or which are in exceptional condition.

(5) Where a Minister or the head of an agency under the jurisdiction of the President or the Prime Minister that proposes Government Bills requests the Minister of Government Legislation to examine Government Bills pursuant to paragraph (1), he or she shall use the legislative information system unless there is a compelling reason not to do so. <Amended on May 8, 2017>

(6) Where the head of an agency proposing a Government Bill has to facilitate legislation urgently, he or she may request the Minister of Government Legislation to conduct a preliminary examination of a Government Bill even during the legislative process prescribed in paragraph (1). <Amended on Oct. 27, 2011>

[This Article Wholly Amended on Oct. 5, 2010]

Article 22(Timely Drafting of Subordinate Statutes or Regulations) #

(1) In drafting a Government Bill for an Act requiring the enactment, amendment or repeal of any Presidential Decree, Ordinance of the Prime Minister , or Ordinance of Ministry Ordinance (hereinafter referred to as "subordinate statutes or regulations") to enter into force, the head of an agency proposing a Government Bill shall fix a grace period so that the Act can enter into force after the lapse of at least six months from its promulgation, except in extenuating circumstances.

(2) In drafting a Government Bill for the enactment, amendment or repeal of subordinate statutes or regulations, the head of an agency proposing a Government Bill shall implement such legislative process with sufficient preparation time not to impede the enforcement of the relevant statute, taking the following periods of time into consideration: <Amended on May 8, 2017>

1. The period for implementing the legislative process, such as ministerial consultations, pre-announcement of the legislation, examination of the Bill by the Ministry of Government Legislation, and promulgation;

2. The period for enacting, amending or repealing any ordinance or rule for the enforcement of the statute, if necessary;

3. The period for preparing for the smooth enforcement of the statute, if necessary.

(3) Where necessary to enact, amend, or repeal a subordinate statute for the enforcement of the relevant Act, the head of an agency proposing a Government Bill shall request the Minister of Government Legislation to examine the relevant subordinate statute by not later than 45 days before the date the Act enters into force, unless there is a compelling reason not to do so: Provided, That if it is necessary for the smooth enforcement of the statute, he or she shall make such request taking the specific situation into consideration. <Amended on May 8, 2017>

(4) Where necessary for the timely drafting of a subordinate statute, the Minister of Government Legislation may report the status of drafting the subordinate statute to the State Council at any time.

[This Article Wholly Amended on Oct. 5, 2010]

Article 24(Promotion of Legislative Reform) #

(1) Where any current statutes or regulations fall under any of the following cases, the Minister of Government Legislation shall take measures to examine and reform the relevant statutes or regulations: <Amended on Oct. 27, 2011; Dec. 1, 2021>

1. Where it is necessary to reform any statute to adapt to circumstances, because important provisions of the relevant statute have not been revised or supplemented for a long period since it was enacted or amended;

2. Where it is necessary to reform any statute that imposes undue burden on people's daily lives, corporate activities and commercial activities, or any unreasonable statute;

3. Where it is necessary to examine and reform any statute for the efficient implementation of important State policies to address with the changes in domestic and overseas conditions;

3-2. Where it is necessary to reform the comprehensibility of any statute;

3-3. Where it is necessary to reform any statutes or regulations, as it is determined by the competent authorities that the relevant statutes or regulations are in violation of the Constitution or any statutes;

4. Other cases where it is necessary to examine and reform any current statutes or regulations.

(2) Where necessary to reform any statute under paragraph (1), the Minister of Government Legislation shall prescribe the subject matter, standards, procedures, and methods of reform, other matters requiring cooperation, etc., and notify the head of the competent central administrative agency.

(3) Where the head of a central administrative agency in receipt of notification under paragraph (2) acknowledges the necessity of reforming the relevant statutes or regulations after the examination thereof, he or she shall formulate a plan for reforming such statute; notify the Minister of Government Legislation of the reform plan; and facilitate the reform thereof in accordance with the reform plan.

(4) Where deemed necessary to reform en bloc statutes or regulations subject to reform notified under paragraph (3), the Minister of Government Legislation may provide support to reform en bloc the relevant statutes or regulations. <Newly Inserted on Dec. 1, 2021>

(5) In order to reform statutes or regulations under paragraph (1), the Minister of Government Legislation shall hear opinions of the general public, local governments, private organizations, etc. and examine them. <Amended on Dec. 1, 2021>

(6) Any one may submit his or her legislative opinion on the reform or improvement of statutes or regulations to the Minister of Government Legislation. <Amended on Dec. 1, 2021>

(7) Where necessary to reform or improve statutes or regulations, etc. and to efficiently perform other legislative affairs, the Minister of Government Legislation may consult with academic circles, private organizations or other experts in the related fields. <Amended on Dec. 1, 2021>

(8) Paragraphs (1) and (5) through (7) shall apply mutatis mutandis to the promotion of legislative reform by the head of a central administrative agency. In such cases, the "Minister of Government Legislation" shall be construed as the "head of a central administrative agency". <Newly Inserted on Jun. 27, 2023>

[This Article Wholly Amended on Oct. 5, 2010]

Article 26(Request for Statutory Interpretation) #

(1) Where the head of a central administrative agency has a question as to the interpretation of a statute in the course of implementing and enforcing the statutes or regulations, such as the receipt of a question requiring legal ruling from the head of a local government or a civil petitioner, he or she shall request a statutory interpretation from an agency specializing in statutory interpretation under Article 40 (3) of the Framework Act on Administration (in cases of the interpretation of statutes or regulations related to civil affairs, commercial affairs, criminal affairs, administrative litigations, and State compensation, statutes or regulations under the jurisdiction of the Ministry of Justice, and penalty provisions of other statutes or regulations, referring to the Ministry of Justice; and in cases of the interpretation of all other administration-related statutes or regulations, referring to the Ministry of Government Legislation; hereinafter referred to as "statutory interpretative agency") make a statutory interpretation. <Amended on Dec. 1, 2021>

(2) Where the head of a central administrative agency intends to request the interpretation of any statutes or regulations under the jurisdiction of another central administrative agency under paragraph (1), he or she shall first hear the opinion of the central administrative agency having jurisdiction over the relevant statutes or regulations.

(3) The head of a local government shall request the head of a central administrative agency having jurisdiction over the relevant statutes or regulations to interpret the statutes or regulations and receive his or her reply thereto before requesting a statutory interpretative agency to make a statutory interpretation.

(4) Where the head of a local government deems that the details of a reply received under paragraph (3) is unclear (including where there is no de facto opinion in the reply) or has an objection to such details, the head may request a statutory interpretation from a statutory interpretative agency, appending the details of the reply thereto: Provided, That if the head of a central administrative agency having jurisdiction over the relevant statutes or regulations fails to reply within one month (such period may be extended only once by up to one month, notifying the special grounds for the delay, if any), despite the receipt of the request for a statutory interpretation under paragraph (3), the details of a reply need not be appended. <Amended on Jun. 27, 2023>

(5) Where a statutory interpretative agency is in receipt of a request for statutory interpretation to which a reply by the head of a central administrative agency having no de facto opinion is appended under the body of paragraph (4) or a request for statutory interpretation to which no reply by the head of a central administrative agency is appended under the proviso to the same paragraph, it shall request the head of the central administrative agency having jurisdiction over the relevant statutes or regulations to provide his or her opinion, and the head of the central administrative agency in receipt of such request shall send the reply as requested to the statutory interpretative agency within 10 days from the date of receipt of such request (such period may be extended only once by up to one month, notifying the special ground for the delay, if any).

(6) Where the head of a central administrative agency or the head of a local government requests a statutory interpretation under paragraph (2) or (4), he or she shall notify the head of a central administrative agency having jurisdiction over the relevant statutes or regulations.

(7) Where a civil petitioner has an objection to a statutory interpretation made by the head of a central administrative agency having jurisdiction over the relevant statutes or regulations, he or she may entrust the head to request a statutory interpretation from a statutory interpretative agency or may directly request such interpretation from such agency, appending the statutory interpretation made by the head, as prescribed by Ordinance of the Prime Minister: Provided, That this shall not apply where the Minister of Justice has made a statutory interpretation of statutes or regulations related to civil affairs, commercial affairs, criminal affairs, administrative litigation, or State compensation, or statutes or regulations under the jurisdiction of the Ministry of Justice. <Amended on Dec. 1, 2021; Jun. 27, 2023>

(8) Upon receipt of a request for statutory interpretation from a civil petitioner under paragraph (7), the head of a central administrative agency having jurisdiction over the relevant statutes or regulations shall request a statutory interpretative agency to make a statutory interpretation without delay, appending his or her opinion, if there is any to be added to the details replied to the civil petitioner (including the civil petitioner's question about the relevant statutes or regulations): Provided, That in any of the following cases, he or she need not request a statutory interpretation, and shall notify the relevant civil petitioner thereof, specifying the grounds therefor: <Amended on Aug. 13, 2019; Dec. 1, 2021>

1. Where it fails to meet any of the requirements for requesting statutory interpretation under paragraph (7);

2. Where any established judicial precedent exists or a statutory interpretative agency has already made a statutory interpretation;

3. Where it is a matter related to finding detailed facts;

4. Where any administrative appeal or administrative litigation is pending or where such procedure is complete;

5. Where it is a matter of whether a detailed disposition or act already made or conducted is illegal or unreasonable;

6. Where it is a matter of whether the relevant statutes or regulations are unconstitutional or contrary to the upper statutes or regulations;

7. Where it is a matter related to a policy of a central administrative agency having jurisdiction over the relevant statutes or regulations and it is necessary to make a decision through judgment on policy or consultation among central administrative agencies;

8. Where statutes or regulations subject to interpretation are not specified;

9. Where it is not deemed necessary to make a statutory interpretation because a request for statutory interpretation is based on a false premise, such as there is no correlation between the grounds or reasons for requesting the statutory interpretation and the provisions of the relevant statutes or regulations for which such request is made;

10. Where the provisions of the relevant statutes or regulations are so clear that the interpretation thereof is unnecessary;

11. Other cases where it is deemed obviously unnecessary for the reasons similar to those specified in subparagraphs 1 through 10.

(9) When a statutory interpretative agency receives a request for statutory interpretation directly from a civil petitioner under paragraph (7), it shall immediately notify such fact to the head of a central administrative agency having jurisdiction over the relevant statutes or regulations. <Amended on Dec. 1, 2021>

(10) Upon receipt of a request for statutory interpretation under paragraph (1), (4), (7), or (8), a statutory interpretative agency may request supplementation to the head of a central administrative agency, the head of a local government, or a civil petitioner who has requested the statutory interpretation, if deemed necessary. <Amended on Aug. 13, 2019; Dec. 1, 2021>

(11) A statutory interpretative agency shall return a request for statutory interpretation, in any of the following cases: <Newly Inserted on Aug. 13, 2019; Dec. 1, 2021>

1. Where a request for statutory interpretation fails to meet the requirements for requesting statutory interpretation under paragraphs (1) through (4) and (7);

2. Where a request for statutory interpretation falls under paragraph (8) 2 through 11;

3. Where a request for supplementation under paragraph (10) is not complied with.

[This Article Wholly Amended on Oct. 5, 2010]

Article 27(Matters Requiring Attention when Making Statutory Interpretation, and Reply thereto) #

(1) For the correlation of the governmental statutory interpretation and for consistent enforcement of statutes or regulations, a statutory interpretative agency shall pay attention to the following matters when interpreting the statutes or regulations:

1. It shall clearly ascertain the background and purpose of legislation and actual status of implementation of the relevant statutes or regulations;

2. It shall identify and verify the detailed background of and grounds on which the issue was raised;

3. It shall sufficiently hear opinions of related agencies, such as the central administrative agency having jurisdiction over the relevant statutes or regulations.

(2) Where necessary to hear opinions under paragraph (1) 3, a statutory interpretative agency may request related administrative agencies, such as the central administrative agency having jurisdiction over the relevant statutes or regulations, to explain unclear matters or to submit necessary materials. In such cases, the head of the related administrative agency shall conscientiously comply with the request, etc. of the statutory interpretative agency and cooperate therewith.

(3) Where the Ministry of Government Legislation, among statutory interpretative agencies, makes a statutory interpretation under paragraph (1), it shall undergo deliberation by the Statutory Interpretation Deliberation Committee established under Article 27-2.

(4) A statutory interpretative agency in receipt of a request for a statutory interpretation under Article 26, shall promptly notify the result thereof to the agency that has requested the statutory interpretation or to the civil petitioner; and where replying to the request for the statutory interpretation, it shall also notify the result thereof to the head of the central administrative agency having jurisdiction over the relevant statutes or regulations and related administrative agencies.

(5) Where a statutory interpretative agency has notified, the head of a central administrative agency having jurisdiction over the relevant statutes or regulations, of the result of a statutory interpretation requested by a civil petitioner under Article 26 (8), the head of the central administrative agency shall notify, without delay, the civil petitioner of the opinion of the relevant agency on the relevant result.

(6) Where a statutory interpretative agency has notified the result of a statutory interpretation under paragraph (4), it shall request the head of the related central administrative agency or the head of the related local government to provide information on the following matters:

1. Whether any related affairs have been processed under the statutory interpretation;

2. Where any problem has occurred due to the processing of affairs under the statutory interpretation, the details thereof;

3. Whether any dispute has arisen in connection with the processing of affairs under the statutory interpretation, and the result thereof;

4. Where any related affairs have been processed inconsistently with the statutory interpretation, the ground therefor;

5. Except as provided for in subparagraphs 1 through 4, matters concerning the processing of affairs related to statutory interpretation.

[This Article Wholly Amended on Oct. 5, 2010]

Article 27-2(Statutory Interpretation Deliberation Committee) #

(1) There shall be established a Statutory Interpretation Deliberation Committee (hereinafter referred to as "Committee") under the jurisdiction of the Minister of Government Legislation to deliberate on the matters concerning statutory interpretations requested to the Ministry of Government Legislation among statutory interpretative agencies.

(2) The Committee shall be comprised of one chairperson, members appointed under paragraph (4) (hereinafter referred to as "appointed members"), and approximately 150 members commissioned under paragraph (5) (hereinafter referred to as "commissioned members"). <Amended on Oct. 27, 2011>

(3) The Minister of Government Legislation shall serve as the chairperson, and may, where necessary, assign the appointed member belonging to the Ministry of Government Legislation to perform the duties on behalf of the Minister.

(4) A person working at a position; designated by the Minister of Government Legislation; recommended by the head of the relevant central administrative agency having jurisdiction over the relevant statutes or regulations, including the Office for Government Policy Coordination; and filled by public officials in general service who are members of the Senior Civil Service of the relevant agency, or persons corresponding thereto, shall be an appointed member. <Amended on Mar. 23, 2013>

(5) A person commissioned by the Minister of Government Legislation from among the following persons, shall be a commissioned member: <Amended on Nov. 19, 2014>

1. A person qualified as an attorney-at-law, experienced in the affairs related to such qualification for at least 10 years;

2. A person who has served as at least an associate professor teaching jurisprudence, etc. in a school defined in Article 2 of the Higher Education Act;

3. A person who has served as a public official of at least Grade IV of an administrative agency (including public officials who are members of the Senior Civil Service) or the equivalent;

4. Other persons with extensive knowledge of and experience in the affairs related to statutory interpretation.

(6) The term of office of a commissioned member shall be two years, renewable only twice.

[This Article Wholly Amended on Oct. 5, 2010]

Article 27-3(Operation of Committee) #

(1) The chairperson shall represent the Committee and exercise overall control of its affairs.

(2) The chairperson shall convoke and preside over Committee meetings.

(3) A Committee meeting quorum shall consist of at least nine persons, including the chairperson and members appointed by the chairperson at each meeting.

(4) Where necessary in connection with an agenda item for deliberation, the chairperson may request a related person to attend a Committee meeting and provide opinions. <Amended on Jan. 5, 2021>

(5) A majority of the members under paragraph (3) of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present: Provided, That in any of the following cases, any resolution shall require the concurring vote of at least six members those present: <Amended on Dec. 1, 2021>

1. Where it intends to make a statutory interpretation requested by the head of a local government under the main clause of Article 26 (4), inconsistently with the details of the original reply given by the head of the central administrative agency having jurisdiction over the relevant statutes or regulations (excluding where the statutory interpretation is unclear or where there is no de facto opinion in the reply);

2. Where it intends to make a statutory interpretation different from the details of the reply given by the head of a central administrative agency (excluding unclear statutory interpretations) to the Ministry of Government Legislation under Article 26 (5);

3. Where it intends to make a statutory interpretation different from the details of the original reply given by the head of the central administrative agency having jurisdiction over the relevant statutes or regulations (excluding unclear statutory interpretations) to the matter for statutory interpretation requested by the head of a central administrative agency to the Ministry of Government Legislation upon entrustment of a civil petitioner or requested directly by a civil petitioner to the Ministry of Government Legislation under Article 26 (7) or (8).

(6) Where deemed necessary for efficiently operating its meetings, the Committee may have specialized committees or subcommittees for particular fields.

(7) Where deemed necessary for making statutory interpretations, the Committee may consult with the experts in the relevant field, such as national land and construction, tax system, environment, and labor. <Newly Inserted on Oct. 27, 2011>

[This Article Wholly Amended on Oct. 5, 2010]

Article 29-3(Support for Local Legislation) #

(1) Where a local government intends to reform any municipal ordinances and rules, the Minister of Government Legislation may provide necessary support upon request.

(2) Upon receipt of a request from the head of a local government, the Minister of Government Legislation may provide human resources, etc. necessary to support the local legislation. <Newly Inserted on Aug. 13, 2019>

(3) The Minister of Government Legislation may award a commendation or grant a monetary award to a local government or public official that has performed excellent local legislative activities. <Newly Inserted on Aug. 13, 2019>

(4) The head of a central administrative agency may request the Minister of Government Legislation to provide the following legislative support in relation to local legislation of a local government: in such cases, the Minister shall provide legislative support in consideration of the legislative purposes, etc. of statutes or regulations: <Amended on Dec. 1, 2021>

1. In case where the head of a central administrative agency intends to notify a local government of guidelines concerning the drafting of municipal ordinances and rules for the enforcement of the statutes or regulations under his or her jurisdiction to ensure that the local government can timely prepare such municipal ordinances and rules, providing consultation on the relevant guidelines, etc.;

2. Providing consultation, etc. on local legislation or draft local legislation of a local government, if necessary for advice, recommendations, guidance, etc. on such local legislation or draft local legislation.

(5) Except as provided in paragraphs (1) through (4), the Minister of Government Legislation shall provide necessary legislative support to local governments to secure legal consistency in municipal ordinances and rules and to assist in enhancing expertise of their public officials. <Amended on Aug. 13, 2019; Jan. 5, 2021>

(6) Where the Minister of Government Legislation intends to provide a local government with support for reform under paragraph (1) or legislative support under paragraph (5), the Minister may request the head of a central administrative agency having jurisdiction over the relevant statutes or regulations to offer cooperation, if necessary. <Newly Inserted on Jan. 5, 2021>

[This Article Newly Inserted on Nov. 19, 2014]

Article 29-4(Local Legislation Coordination Council of Central Administrative Agencies and Local Governments) #

(1) A Local Legislation Coordination Council of Central Administrative Agencies and Local Governments (hereinafter referred to as the "Local Legislation Coordination Council") shall be established under the Ministry of Government Legislation to mediate and consult on the conflicting opinions between central administrative agencies, between local governments, or between a central administrative agency and a local government concerning local legislation or the details of draft local legislation.

(2) The Local Legislation Coordination Council shall be comprised of the following members:

1. The Vice Minister of Government Legislation;

2. Public officials in general service belonging to the Senior Executive Service of related central administrative agencies in relation to local legislation or draft local legislation;

3. The following public officials of a local government having jurisdiction over local legislation or draft local legislation:

(a) The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province: Chief Officers, Director-Generals, or other public officials in equivalent positions;

(b) A Si, Gun, or autonomous Gu: The deputy head of a Si/Gun/Gu.

(3) The Vice Minister of Government Legislation shall serve as the chairperson of the Local Legislation Coordination Council.

(4) The chairperson of the Local Legislation Coordination Council may convene a meeting, in either of the following cases:

1. Where the head of a related administrative agency or the head of a local government so requests;

2. Where the chairperson of the Local Legislation Coordination Council deems it necessary to resolve conflicting opinions between related agencies on local legislation or draft local legislation or to gather consensus from Government agencies.

(5) In order to efficiently support coordination and consultation under paragraph (2), the Local Legislation Coordination Council may have a working council comprised of public officials of related central administrative agencies, local governments having jurisdiction over local legislation or draft local legislation, and the Ministry of Government Legislation.

[This Article Newly Inserted on Dec. 1, 2021]

[Previous Article 29-4 moved to Article 29-5 <Dec. 1, 2021>]

Article 30(Establishment and Utilization of Legislative Information System) #

(1) In order to assist the Government in efficiently handling or providing the following affairs or services, the Minister of Government Legislation shall establish a legislative information system: <Amended on May 8, 2017; Jan. 5. 2021>

1. Formulating the Government’s legislative plan and managing the status of implementation of the plan;

2. Notifying a member's Bill to and gathering consensus on the Bill from the agency having jurisdiction over the member's Bill and the related agencies;

3. Disclosing Government Bills and other legislative information through all the stages of the legislative process by the Government (referring to the stages from the pre-announcement of the legislation to the promulgation of the Government Bill) and receiving submitted opinions;

4. Drafting and deliberating on Government Bills, Bills for Presidential Directives, and Bills for Prime Ministerial Directives;

5. Drafting, deliberating on and interpreting directives, established rules, etc.;

6. Reviewing agenda items for statutory interpretation and sending results thereof;

7. Supporting the drafting of municipal ordinances and rules;

8. Managing and providing information on statutes or regulations (including directives and established rules, etc., municipal ordinances and rules, examples of statutory interpretation, and other information on the enforcement and interpretation of statutes or regulations);

9. Other affairs necessary for improving legislative efficiency and expertise.

(2) The Minister of Government Legislation shall ensure that anyone can easily and conveniently present opinions on statutes or regulations or Government Bills, using the legislative information system. <Newly Inserted on May 8, 2017; Jan. 5, 2021>

(3) Where necessary for the establishment and provision of a legislative information system, the Minister of Government Legislation may request the heads of central administrative agencies to register directives, established rules, etc. on the legislative information system or to provide other necessary information related to legislative affairs. In such cases, the heads of central administrative agencies in receipt of such request shall comply therewith, except in extenuating circumstances.

(4) The Minister of Government Legislation shfall take measures necessary to facilitate the use of the legislative information system and information on statutes or regulations. <Amended on May 8, 2017; Jan. 5, 2021>

[This Article Wholly Amended on Oct. 5, 2010]

[Title Amended on May 8, 2017]

REGULATIONS ON MANAGEMENT OF LEGISLATIVE AFFAIRS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Standards for Legislative Activities) #

Article 4(Overall Control and Coordination of Government's Legislative Plans) #

Article 5(Formulation of Legislative Plans by Ministries and Agencies) #

Article 6(Details of Legislative Plans of Ministries and Agencies) #

Article 7(Matters Requiring Attention when Formulating Legislative Plans of Ministries and Agencies) #

Article 8(Formulation of Legislative Plans by Government) #

Article 9(Implementation and Revision of Government's Legislative Plans) #

Article 10(Reports on Status of Government Legislation to the State Council) #

Article 10-2(Mid- and Long-Term Legislative Plans) #

Article 11(Cooperation between Agencies in Government Legislative Process) #

Article 11-2(Cooperation between Agencies during Legislative Process of Related Statutes or Regulations) #

Article 11-3(Cooperation between Government Agencies on Bills Proposed by Members of the National Assembly) #

Article 11-4(Resolution of Conflicting Opinions among Agencies regarding Government Bills) #

Article 12(Cooperation with the National Assembly in Process of Deliberation of Bills) #

Article 12-2(Governmental Legislative Policy Council and Working Committee) #

Article 13(Notification on Legislative Bills Sent to the Government) #

Article 14(Pre-Announcement of Legislation of Government Bills ) #

Article 15(Methods of Pre-Announcement) #

Article 16 #

Article 17(Costs for Reproducing Government Bills) #

Article 17(1) #

Article 18(Processing of Opinions Submitted) #

Article 19(Recommendation to Reflect Opinions Submitted) #

Article 19-2 #

Article 20(Pre-Announcement of Local Government Bills) #

Article 21(Request for Examination of Government Bills) #

Article 22(Timely Drafting of Subordinate Statutes or Regulations) #

Article 23(Examination of Bills for Presidential Directives) #

Article 23-2(Provision of Guidance for Submission of Presidential Decrees to the National Assembly and Verification thereof) #

Article 24(Promotion of Legislative Reform) #

Article 24-2(Preparation of Prompt Reform System of Statutes or Regulations) #

Article 24-3(Securing Legitimacy of Directives and Established Rules and Registration Thereof) #

Article 24-4(Preparation of Easy-to-Understand Statutes or Regulations) #

Article 25(Prior Review of Directives and Established Rules, etc.) #

Article 25-2(Ex Post Facto Review and Examination of Directives and Established Rules, etc.) #

Article 26(Request for Statutory Interpretation) #

Article 26-2(Request for Interpretation of Directives, Established Rules, etc.) #

Article 27(Matters Requiring Attention when Making Statutory Interpretation, and Reply thereto) #

Article 27-2(Statutory Interpretation Deliberation Committee) #

Article 27-3(Operation of Committee) #

Article 27-4(Exclusion or Evasion of Members) #

Article 27-5(Removal of Members) #

Article 27-6(Request for Dispatch of Public Officials, etc.) #

Article 27-7(Allowances) #

Article 27-8(Detailed Regulations) #

Article 27-9(Non-Disclosure of Details of Utterance) #

Article 28(Ensuring of Expertise in, and Evaluation of, Legislative Affairs) #

Article 29(Legislative Support including Support for Drafting) #

Article 29-2(Legislative Education) #

Article 29-3(Support for Local Legislation) #

Article 29-4(Local Legislation Coordination Council of Central Administrative Agencies and Local Governments) #

Article 29-5(Allowances) #

Article 30(Establishment and Utilization of Legislative Information System) #