REGULATIONS ON THE PREVENTION AND RESOLUTION OF CONFLICTS BETWEEN PUBLIC INSTITUTIONS

Article 1(Purpose) #

The purpose of this Decree is to contribute to social integration by prescribing the roles, responsibilities, procedures, etc. of central administrative agencies for the prevention and resolution of conflicts and by improving the central administrative agencies' ability to prevent and resolve conflicts.

Article 2(Definitions) #

The terms used in this Decree are defined as follows:

1. The term "conflict" means a conflict of interest arising in the process of formulating or implementing public policies (including the enactment and amendment of statutes or regulations and the formulation and implementation of various project plans; hereinafter the same shall apply);

2. The term "conflict impact analysis" means predicting and analyzing factors of conflicts in the society resulting from public policies when formulating and implementing public policies and taking countermeasures against expected conflicts.

Article 3(Scope of application) #

(1) In principle, this Decree shall apply to central administrative agencies (including agencies affiliated with the President and agencies affiliated with the Prime Minister, as prescribed by Ordinance of the Prime Minister; hereinafter the same shall apply).

(2) A local government and other public institutions may operate a conflict management system to the same effect as this Decree.

Article 4(Responsibilities of central administrative agencies) #

(1) A central administrative agency shall formulate and implement comprehensive policy measures to strengthen the ability to prevent and resolve conflicts across the society.

(2) A central administrative agency shall continuously improve statutes, regulations, etc. related to the prevention and resolution of conflicts.

(3) A central administrative agency shall identify and actively utilize various means to promptly and efficiently resolve conflicts.

(4) A central administrative agency shall conduct education and training for its employees to prevent conflicts and improve their ability to resolve conflicts, and shall establish and reflect their ability to manage conflicts as an important criterion for the personnel management of the agency.

Article 5(Autonomous resolution and gaining confidence) #

(1) The parties to a conflict shall endeavor to resolve the conflict autonomously through dialogue and compromise.

(2) The head of a central administrative agency shall endeavor to gain the confidence of interested persons in formulating and implementing public policies.

Article 6(Participation and procedural justice) #

The head of a central administrative agency shall endeavor to ensure practical participation of interested persons, general citizens, experts, etc. in formulating and implementing public policies.

Article 7(Comparative interest balancing) #

In formulating and implementing public policies, the head of a central administrative agency shall compare and balance the public interest to be achieved with other public interests or private interests that are in conflict with the public interest.

Article 8(Disclosure and sharing of information) #

The head of a central administrative agency shall endeavor to disclose and share relevant information so that interested persons can fully understand the purpose and details of public policies.

Article 9(Consideration of sustainable development) #

The head of a central administrative agency shall consider factors for sustainable development in formulating and implementing public policies.

Article 10(Conflict impact analysis) #

(1) In formulating, implementing, or modifying public policies, if the head of a central administrative agency deems that it is likely to significantly and broadly affect the lives of citizens or to incur excessive social costs due to conflicts of interest of citizens, he or she may conduct conflict impact analysis before determining the relevant public policies.

(2) The head of a central administrative agency shall prepare conflict impact analysis report under paragraph (1) and request the conflict management deliberative committee under Article 11 for deliberation.

(3) The conflict impact analysis report under paragraph (2) shall include the following matters:

1. Summary of public policies and expected benefits;

2. Confirmation of interested parties and contents of opinion survey;

3. Opinions of relevant organizations and experts;

4. Factors causing conflicts and anticipated major issues;

5. Social impacts of conflict;

6. Detailed plans for the prevention and resolution of conflicts;

7. Other matters necessary for the prevention and resolution of conflicts.

(4) If the head of a central administrative agency utilizes the conflict impact analysis techniques prescribed by this Decree while conducting a strategic environmental impact assessment and environmental impact assessment under Articles 9 and 27 of the Environmental Impact Assessment Act or a traffic impact assessment, etc. under the Urban Traffic Improvement Promotion Act, the conflict impact analysis under paragraph (1) shall be deemed to have been conducted. <Amended on Dec. 24, 2008; Jul. 20, 2012; Jan. 22, 2016>

Article 11(Establishment of conflict management deliberation committee) #

A central administrative agency shall establish a conflict management deliberative committee (hereinafter referred to as the "Committee") to deliberate on matters related to conflict management of business affairs under its jurisdiction; provided, an agency prescribed by Ordinance of the Prime Minister as an agency not prone to conflicts may not establish a committee at the discretion of the head of the relevant agency.

Article 12(Composition and operation of Committee) #

(1) The Committee shall be comprised of up to 11 members, including the chairperson.

(2) The head of a central administrative agency shall appoint or commission members from among its employees or persons who have extensive knowledge of and experience in the prevention and resolution of conflicts, but the number of members who are not public officials shall be a majority of all members.

(3) The chairperson of the Committee shall be elected by and from among civilian members.

(4) The term of office of a member shall be 2 years, and the term of office of a supplementary member shall be the remainder of his or her predecessor's term of office; provided, the term of office of a member who is a public official shall be the period during which he or she holds the relevant position.

(5) A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.

(6) Members shall act from a neutral and impartial standpoint.

(7) Other matters necessary for the operation of the Committee shall be determined by the chairperson following a resolution by the Committee.

Article 13(Functions of Committee) #

The Committee shall deliberate on the following matters:

1. Matters regarding the formulation and implementation of comprehensive policy measures under Article 4 (1);

2. Matters regarding the improvement of statutes and regulations, etc. under Article 4 (2);

3. Matters regarding the identification and utilization of various means of conflict resolution under Article 4 (3);

4. Matters regarding the provision of education and training under Article 4 (4);

5. Matters regarding conflict impact analysis under Article 10;

6. Matters regarding support for private activities for the prevention and resolution of conflicts;

7. Other matters deemed necessary by the head of a central administrative agency for the prevention and resolution of conflicts.

Article 14(Reflection of deliberation results) #

The head of a central administrative agency shall faithfully reflect the results of deliberation by the Committee under Article 13 in the process of formulating and implementing public policies, in the absence of good cause.

Article 15(Utilization of participatory decision-making methods) #

(1) If the participation of interested persons, general citizens, experts, etc. is deemed important to prevent and resolve conflicts according to the results of deliberation on the conflict impact analysis under subparagraph 5 of Article 13, the head of a central administrative agency may utilize decision-making methods in which interested persons, general citizens, experts, etc. also participate.

(2) The head of a central administrative agency shall fully consider the results of utilizing participatory decision-making methods in determining public policies.

Article 16(Conflict Mediation Council) #

(1) The head of a central administrative agency may organize and operate a conflict mediation council (hereinafter referred to as the "Council") for each case, if deemed necessary to resolve conflicts arising from public policies.

(2) The head of a central administrative agency shall provide administrative support necessary for the organization and operation of the Council.

Article 17(Composition of Council) #

(1) The Council shall be comprised of 1 chairperson, relevant central administrative agencies, and interested persons under Article 19.

(2) Relevant central administrative agencies and interested persons (hereinafter referred to as "parties") may, if deemed necessary, have relevant organizations and experts attend the Council.

(3) Multiple parties having a common interest may appoint 1 or more of them as the representative party.

Article 18(Chairperson's roles) #

The chairperson of the Council shall perform the role of supporting and facilitating the resolution of conflicts between the parties on the basis of neutrality and fairness, and shall respect the opinions of the parties to the utmost.

Article 19(Appointment of chairperson) #

In principle, the chairperson of the Council shall be selected by agreement between the parties from among those who are not directly related to the relevant case.

Article 20(Basic rules of Council) #

(1) The specific composition and operation of the Council shall be governed by the basic rules determined by the parties.

(2) The basic rules of the Council may be prepared including the following matters:

1. The purpose of the Council;

2. The scope of parties;

3. The selection of the chairperson of the Council;

4. Schedule of proceedings;

5. Procedures for consultation;

6. Preparation of consultation result statements;

7. Matters regarding the sharing of expenses incurred in the course of operating the Council;

8. Other matters agreed upon by the parties as necessary for the operation of the Council.

(3) The parties shall actively cooperate in order to create solutions of mutual benefit based on mutual respect and trust.

Article 21(Details and implementation of consultation result statements) #

(1) The contents of the consultation result statement shall neither violate any statute or regulation, etc. nor infringe on significant public interests.

(2) A central administrative agency shall endeavor to faithfully implement the consultation results under paragraph (1).

Article 22(Disclosure of procedures of Council) #

The procedures for consultation under this Decree shall be kept confidential in principle, but may be disclosed to the public where both parties agree.

Article 23(Confidentiality) #

The heads of central administrative agencies and relevant public officials shall neither divulge any confidential information they have learned in the course of the proceedings of the Council nor use it for any purpose other than their duties.

Article 24(Designation and operation of conflict management research institutes) #

(1) The Minister of the Office for Government Policy Coordination may designate a research institute or organization related to conflict management as a conflict management research institute to perform the following business affairs in connection with conflict management: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Research and study on policies, statutes, regulations, systems, institutions, culture, etc. for preventing and resolving conflicts;

2. Preparation and dissemination of manuals related to the process of preventing and resolving conflicts;

3. Development and dissemination of education and training programs for preventing and resolving conflicts;

4. Investigation and research on conflict impact analysis;

5. Research and study on methods of utilizing participatory decision-making methods;

6. Other matters necessary for preventing and resolving conflicts.

(2) The Minister of the Office for Government Policy Coordination may provide an institution or organization designated pursuant to paragraph (1) with subsidies to cover all or part of expenses incurred in conducting its activities, within the budget. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Matters necessary for the designation, operation, etc. of research institutes under paragraph (1) shall be prescribed by Ordinance of the Prime Minister.

Article 25(Preparation and utilization of conflict management manual) #

(1) The Minister of the Office for Government Policy Coordination shall notify the head of a central administrative agency of the conflict management manual under Article 24 (1) 2. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The head of a central administrative agency shall utilize a conflict management manual in promoting policies under his or her jurisdiction.

(3) The head of a central administrative agency may add or supplement a manual distributed pursuant to paragraph (1) to reflect the characteristics of each Ministry.

Article 26(Inspection and reporting of actual conditions of conflict management) #

(1) The Minister of the Office for Government Policy Coordination shall inspect and evaluate the actual conditions, etc. of conflict management by central administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The Minister of the Office for Government Policy Coordination may request the head of a central administrative agency to submit data on the actual conditions of conflict management, etc. for the inspection and evaluation under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Upon receipt of a request to submit data under paragraph (2), the head of a central administrative agency shall provide relevant data, unless there is a compelling reason not to do so.

(4) The Minister of the Office for Government Policy Coordination may report the results of inspection and evaluation under paragraph (1) to the State Council. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(5) A conflict management policy council comprised of central administrative agencies which have established the Committee pursuant to Article 11 shall be established in the Office for Government Policy Coordination to consult on conflict management among the relevant Ministries.

(6) Matters necessary for the inspection under paragraph (1) and the operation of the conflict management policy council under paragraph (5) shall be prescribed by Ordinance of the Prime Minister.

Article 27(Consultation with Sustainable Development Committee) #

If the head of a central administrative agency deems it necessary for the prevention and resolution of conflicts in the process of formulating a plan for policies related to subparagraph 1 of Article 2 of the Sustainable Development Committee Regulations and the attached Table or formulating policies related to multiple Ministries, the head of the central administrative agency may consult with or request advice from the Special Committee for Conflict Mediation of the Sustainable Development Committee established under Article 3-2 of the Sustainable Development Committee Regulations.

Article 28(Training of Professional Human Resources Specialized in Conflicts) #

A central administrative agency may formulate necessary policy measures, such as education and training and the introduction of qualification systems, to train professional human resources specialized in conflict management.

Article 29(Payment of allowances) #

(1) Allowances, travel expenses, and other necessary expenses may be paid to members of the Committee established pursuant to Article 11 or to cover expenses incurred pursuant to Article 20 (2) 7 within the budget.

(2) A central administrative agency may provide financial support, etc. to conduct surveys, research, education, and training necessary for conflict management, and to facilitate voluntary conflict management activities in the private sector, within the budget.