Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Framework Act on Administrative Investigations and those necessary for the enforcement thereof.
Article 2(Formulation of annual administrative investigation management plans) #
(1) Administrative agencies required to submit an administrative investigation management plan pursuant to Article 6 (1) of the Framework Act on Administrative Investigations (hereinafter referred to as the "Act") means any of the following agencies:
1. Central administrative agencies (including organizations under the control of the President and organizations under the control of the Prime Minister) and institutions affiliated thereto;
2. Administrative agencies that conduct a joint investigation pursuant to Article 14 (1) 2 of the Act.
(2) "Other matters prescribed by Presidential Decree" in Article 6 (3) of the Act means the following:
1. Grounds for investigation;
2. Purpose of investigation;
3. Scope of persons subject to investigation;
4. Period and time of investigation.
Article 3(Occasional investigation) #
"Cases prescribed by Presidential Decree" in subparagraph 5 of Article 7 of the Act means where an administrative investigation is urgently conducted by an administrative agency to prevent or verify a violation of statutes or regulations committed by a person subject to investigation, and should such an investigation be conducted on a regular basis with a fixed period or time, it would be impracticable to achieve the purpose of the investigation.
Article 4(Application for perusal of standards for selecting persons subject to investigation) #
(1) If a person subject to investigation files an application for perusal of the standards for selecting persons subject to investigation pursuant to Article 8 (2) of the Act, he or she shall submit an application for perusal of the standards for selecting persons subject to investigation in attached Form 1 to the head of the relevant administrative agency.
(2) Upon receipt of an application for perusal of the standards for selecting persons subject to investigation under paragraph (1), the head of an administrative agency shall record the details of the application in the processing register of applications for perusal in attached Form 2, and shall issue a receipt to the applicant; provided, if an application for perusal of the standards for selecting persons subject to investigation is received by mail, facsimile, or information and communications networks, the head of an administrative agency need not issue a receipt.
(3) If the head of an administrative agency refuses to allow an applicant to peruse the standards for selecting persons subject to investigation for falling under any subparagraph of Article 8 (3) of the Act, he or she shall notify the applicant thereof with a written decision on refusal of perusal in attached Form 3, stating the grounds therefor.
Article 5(Verification of applicants at time of perusal) #
(1) The head of an administrative agency may allow the applicant or his or her agent to peruse the standards for selecting persons subject to investigation pursuant to the main clause of Article 8 (3) of the Act.
(2) If the head of an administrative agency allows the perusal of the standards for selecting persons subject to inspection, he or she shall verify the identity of the applicant or his or her lawful representative by identification, etc. classified as follows: <Amended on Dec. 3, 2024>
1. Where an applicant is allowed to peruse the standards, his or her resident registration certificate (including a mobile resident registration certificate) and other identification verifying his or her identity (where the applicant is a corporation or organization, a business registration certificate and other certificates verifying that he or she is a corporation or organization);
2. Where the applicant's legal representative is allowed to peruse standards, the documents verifying that the applicant is the legal representative, the resident registration certificate (including a mobile resident registration certificate) of the applicant's legal representative, and other identification verifying the identity;
3. Where an applicant's de facto agent is allowed to peruse the documents, a power of attorney of the applicant, a resident registration certificate (including a mobile resident registration certificate) of the agent, and other identification verifying the identity of the agent. In such cases, a power of attorney shall be in attached Form 4.
(3) Notwithstanding paragraph (2), where the head of an administrative agency allows the perusal of the standards for selecting persons subject to inspection through information and communications networks, he or she may verify the identity of such persons by means of a digital signature defined in subparagraph 2 of Article 2 of the Digital Signature Act or an administrative digital signature defined in subparagraph 8 of Article 3 of the Regulations on the Operation and Innovation of Administrative Affairs. <Amended on Dec. 21, 2011; Apr. 26, 2016; Jun. 27, 2023>
Article 6(Summons) #
(1) A summons under Article 9 (1) of the Act shall be in attached Form 5.
(2) When a person subject to investigation requests the head of an administrative agency to change the date and time of appearance pursuant to Article 9 (2) of the Act, he or she shall submit an application for change of the date and time of appearance in attached Form 6.
(3) Upon receipt of an application for change of the date and time of appearance, the head of an administrative agency shall determine whether to change the date and time of appearance within 7 days from the date of receipt of the application for change, and notify the person subject to investigation of the details of the decision with the notice of the result of the application for change of the date and time of appearance in attached Form 7.
(4) The request for report under Article 10 (1) of the Act and the request for submission of data under paragraph (2) of that Article shall be made in attached Form 5, and the on-site investigation report under Article 11 (1) of the Act shall be in attached Form 8.
(5) When the head of an administrative agency has sent a summons, etc. under paragraph (1), he or she shall record it in the summons issuance register in attached Form 9.
Article 7(Compensation for loss) #
(1) The head of an administrative agency shall compensate for loss incurred by sampling under Article 12 (1) of the Act at the market price as at the time of sampling, and shall notify the person subject to investigation of information on the claim for compensation for loss at the time of sampling.
(2) A person subject to investigation who intends to receive compensation for loss pursuant to Article 12 (2) of the Act shall submit a written claim for compensation for loss in attached Form 10 to the head of the relevant administrative agency, along with the following documents, within 90 days from the date of sampling that caused the loss:
1. Amount of loss and detailed statement and methods of calculation;
2. Documents evidencing the loss.
(3) The head of an administrative agency shall determine the amount of compensation for loss within 60 days from the date of receipt of a written claim for compensation for loss under paragraph (2) and notify the claimant of the details of the determination in attached Form 11; provided, if there is any unavoidable cause that makes it impossible to determine and notify the amount of compensation for loss within such period, the head of an administrative agency may extend the period by up to 30 days after the date the cause is notified.
(4) If a claimant has an objection to the amount of compensation for loss under paragraph (3), he or she may file an objection with the head of the administrative agency within 30 days from the date he or she is notified of the amount of compensation for loss.
(5) Upon receipt of an objection under paragraph (4), the head of an administrative agency shall determine whether to increase or decrease the amount of compensation for loss within 30 days from the date such objection is filed, and shall notify the claimant who has filed the objection of the result thereof without delay; provided, if there is any unavoidable cause, the period may be extended by up to 30 days after the date the cause is notified.
Article 8(Report on custody) #
A report on custody under Article 13 (3) of the Act shall be in attached Form 12.
Article 9(Fields subject to joint investigations) #
(1) "Fields prescribed by Presidential Decree" in Article 14 (1) 2 of the Act means the following fields: <Amended on Feb. 29, 2008; Nov. 19, 2010; Jul. 20, 2012; Mar. 23, 2013; Jan. 28, 2014; May 22, 2014; Dec. 9, 2014; Dec. 24, 2019>
1. An administrative investigation conducted pursuant to Article 54 (1) of the Construction Technology Promotion Act and Article 43 (1) of the Occupational Safety and Health Act, which is related to the management of construction places of business;
2. An administrative investigation conducted pursuant to Article 49 (1) 2, 4, and 7 of the Chemical Substances Control Act and Article 22 (1) of the Act on the Safety Control of Hazardous Substances in the field of the control of harmful or hazardous substances;
3. An administrative investigation conducted in the field of food safety pursuant to Article 17 of the Food Sanitation Act, Article 19 of the Livestock Products Sanitary Control Act, Articles 58, 60 through 62, 76, and 102 of the Agricultural and Fishery Products Quality Control Act;
4. Other fields for which it is decided to conduct a joint investigation through consultation between the Director of the Office for Government Policy Coordination and the heads of relevant administrative agencies or among the heads of relevant administrative agencies.
(2) An application for joint investigation under the latter part of Article 14 (2) of the Act shall be submitted in attached Form 13.
(3) If the head of an administrative agency conducts a joint investigation under the subparagraphs of paragraph (1), he or she may consult with the head of the relevant administrative agency about the persons subject to investigation, the composition of investigators, the methods of investigation, etc.
(4) If it is impracticable or inefficient for the heads of 2 or more administrative agencies or departments to conduct a simultaneous investigation, they may conduct a joint investigation by means of designating an administrative agency or department to be in charge of the investigation through mutual consultations between the heads of the relevant administrative agencies or departments. In such cases, the heads of the administrative agencies or departments in charge of the investigation shall notify the heads of the relevant administrative agencies or departments of the results of the investigation.
Article 10(Individual investigation plans) #
"Matters prescribed by Presidential Decree" in Article 16 (2) of the Act means the following:
1. Grounds for investigation;
2. Composition of investigation;
3. Standards for selecting persons subject to investigation;
4. Details and grounds for sanctions in case of refusal of investigation.
Article 11(Application for postponement of investigation) #
(1) "Grounds prescribed by Presidential Decree" in Article 18 (1) of the Act means any of the following grounds:
1. Where it is impossible to operate a place of business due to a fire or other disaster;
2. Where a request for submission of data is received pursuant to Article 10 (2) of the Act and where books and related documents are seized or kept in custody by the competent authority in the case of an on-site investigation under Article 11 (1) of the Act;
3. Where it is deemed impracticable to conduct an investigation due to an illness, long-term business trip, etc. of the person subject to investigation, if he or she is an individual.
(2) An application for postponement under Article 18 (2) of the Act shall be submitted in attached Form 6.
(3) Upon deciding whether to postpone an investigation pursuant to Article 18 (3) of the Act, the head of an administrative agency shall notify the person subject to investigation of the decision stating the matters determined with the notice of the result of application for postponement of investigation in attached Form 7.
Article 12(Form for notifying supplementary investigation of third party) #
(1) If the head of an administrative agency conducts a supplementary investigation under Article 19 (1) of the Act, he or she shall send a notice of a supplementary investigation of a third party in attached Form 14 to the third party subject to investigation.
(2) If a person subject to investigation submits his or her opinion under Article 21 (1) of the Act, he or she shall submit a written opinion in attached Form 15 to the head of the administrative agency.
(3) If a person subject to investigation applies for the replacement of an investigator pursuant to Article 22 (1) of the Act, he or she shall submit an application for replacement of an investigator in attached Form 16 to the head of the administrative agency.
(4) If the head of the administrative agency dismisses an application for replacement of an investigator pursuant to Article 22 (5) of the Act, he or she shall send a notice of dismissal of an application for replacement of an investigator in attached Form 17 to the applicant.
(5) If the head of the administrative agency notifies the investigation results pursuant to Article 24 of the Act, he or she shall send a notice of the investigation results in attached Form 18 to the person subject to investigation.
Article 13(Standards for autonomous management system) #
(1) When a person subject to investigation prepares an autonomous management system under Article 26 (2) of the Act and reports it to the head of an administrative agency, he or she shall submit a report on the establishment of an autonomous management system in attached Form 19, along with the following documents:
1. The current status of the establishment of the autonomous management systems;
2. Operational plans for the autonomous management system;
3. Where the reporter is a corporation, a document evidencing the fact that he or she has obtained authorization or permission from the competent administrative agency.
(2) If a report under paragraph (1) is incomplete, the head of an administrative agency shall, without delay, request the reporter to supplement the report within a specified period necessary for supplementation.
(3) If a reporter fails to supplement an application within the specified period under paragraph (2), the head of an administrative agency may return the application received, specifying the grounds therefor.
Article 14(Ascertainment or examination of administrative investigation) #
(1) Administrative agencies subject to ascertainment or examination of administrative investigations pursuant to Article 29 (4) of the Act means the agencies falling under any subparagraph of Article 2 (1).
(2) The Minister of the Office for Government Policy Coordination may request an institution subject to ascertainment or examination to submit necessary data or require an inspector to visit an administrative agency subject to ascertainment or examination to verify or inspect necessary data. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) The Minister of the Office for Government Policy Coordination shall, before conducting ascertainment, examination, or assessment under Article 29 (4) of the Act, prepare a plan for ascertainment or examination, assessment methods, assessment criteria, etc. and notify the heads of administrative agencies subject to ascertainment, examination, or assessment thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013>