FRAMEWORK ACT ON ADMINISTRATIVE INVESTIGATIONS

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to enhance administrative fairness, transparency and efficiency and protect the rights and interests of citizens by prescribing common matters relating to administrative investigations, including the basic principles, methods, procedures, etc. therefor.

Article 2(Definitions) #

The definitions of terms used in this Act shall be as follows:

1. The term "administrative investigation" means any activity performed by an administrative agency, such as conducting field investigations, file inspections, sampling, etc., or requiring a person subject to investigation to make reports, submit materials or be present to give statements, with a view to gathering information or materials necessary to policymaking or the performance of its duties;

2. The term "administrative agency" means an agency vested with administrative authority under statutes or regulations, or municipal ordinances or rules (hereinafter referred to as "statutes or regulations"); or a corporation, organization, agency, or individual delegated or entrusted with such authority;

3. The term "investigator" means any public official or employee of an administrative agency or any individual who performs the business of administrative investigation;

4. The term "person subject to investigation" means any legal entity or organization or its organ or any individual that is subject to administrative investigation.

Article 3(Scope of application) #

(1) Except as otherwise prescribed by other Acts, administrative investigations shall be governed by this Act.

(2) This Act shall not apply to any of the following matters: <Amended on May 29 2016; Jan. 4 2022; Jan. 17 2023>

1. Matters relating to national security, unification and diplomacy that, if the fact or contents of an administrative investigation are disclosed, may threaten the existence of the State or substantially impair important national interests;

FRAMEWORK ACT ON ADMINISTRATIVE INVESTIGATIONS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of application) #

Article 4(Basic principles of administrative investigations) #

Article 5(Basis for administrative investigations) #

Article 6(Establishment and submission of annual administrative investigation management plans) #

Article 7(Periodicity of investigations) #

Article 8(Selection of persons subject to investigation) #

Article 9(Demand for appearance and statement) #

Article 10(Demand for report and for submission of materials) #

Article 11(Field investigation) #

Article 12(Sampling) #

Article 13(Placing materials, etc. in custody) #

Article 14(Joint investigation) #

Article 15(Restrictions on double investigation) #

Article 16(Establishment of agency investigation plans) #

Article 17(Prior notification of investigation) #

Article 18(Application for postponement of investigation) #

Article 19(Supplementary investigation of third persons) #

Article 20(Administrative investigation conducted with voluntary cooperation) #

Article 21(Presentation of opinions) #

Article 22(Application for replacement of investigator) #

Article 23(Restrictions on exercise of authority to investigate) #

Article 24(Notification of investigation results) #

Article 25(Voluntary reporting system) #

Article 26(Building of autonomous management system) #

Article 27(Provision of benefits in relation to autonomous management) #

Article 28(Administrative investigation by means of information and communications) #

Article 29(Examination and assessment of administrative investigations) #