ENFORCEMENT DECREE OF THE ACT ON THE MANAGEMENT AND PROVISION OF LEGAL INFORMATION

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Act on the Management and Provision of Legal Information and those necessary for enforcing said Act.

Article 2(Scope of legal information) #

(1) "Information prescribed by Presidential Decree, including regulations established by the heads of public institutions under Article 2 of the Act on the Management of Public Institutions upon delegation by statutes and regulations" in subparagraph 2 (e) of Article 2 of the Act on the Management and Provision of Legal Information (hereinafter referred to as the "Act") means the following:

1. Regulations established by the heads of public institutions under Article 2 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution") upon delegation by statutes and regulations;

2. The articles of incorporation of a public institution or any rules equivalent thereto.

(2) "Information prescribed by Presidential Decree" in subparagraph 3 (b) of Article 2 of the Act means the following: <Amended on Dec. 16, 2021>

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

2. Results of a 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 the same Act;

3. Opinions on the review of reports on gender impact assessments under Article 8 (3) of the Gender Impact Assessment Act (limited to opinions on the review of statutes and regulations to be enacted or amended among policies subject to assessment under Article 5 (1) of the same Act);

4. Opinions on the review of reports on regional human resource employment impact assessments under Article 20 (3) of the Act on the Development of Local Universities and Colleges and Regional Human Resources (limited to opinions on the review of statutes and regulations falling under Article 13 (1) 1 of the Enforcement Decree of the same Act);

5. Results of a statistics-based policy evaluation conducted under Article 12-2 of the Statistics Act;

6. Opinions of the examination of written requests for prior consultation about autonomy and decentralization under Article 11 of the Enforcement Decree of the Local Autonomy Act;

7. Statutes and regulations translated into foreign languages by the head of a central administrative agency (referring to the central administrative agency under Article 2 (2) of the Government Organization Act; hereinafter the same shall apply) or the president of the Korea Legislation Research Institute specified in the Appendix of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes (hereinafter referred to as the "Korea Legislation Research Institute").

(3) "Public institutions prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means the following:

1. Public enterprises and quasi-governmental institutions under Article 5 of the Act on the Management of Public Institutions;

2. The Korea Legislation Research Institute.

Article 3(Plan for collection, management, and provision of legal information) #

(1) A master plan under Article 4 (1) of the Act (hereinafter referred to as "master plan") shall include the following matters, in addition to those referred to in the subparagraphs of Article 4 (2) of the Act:

1. The current status of legal information under the control of a legal information production agency;

2. Matters regarding the joint utilization of the legal information system under Article 8 (1) of the Act (hereinafter referred to as "legal information system");

3. Matters regarding promoting the utilization of legal information in the private sector;

4. Matters regarding the quality control of legal information;

5. Matters regarding education and training necessary for using legal information;

6. A plan for financing the collection, management, provision, etc. of legal information.

(2) The Minister of Government Legislation shall prepare a draft master plan and notify it to the head of a legal information production agency no later than September 30 of the year preceding the year in which the master plan is implemented and shall hear the opinions of the head of the legal information agency no later than October 30 of the same year.

(3) The Minister of Government Legislation shall finalize a master plan no later than November 30 of the year preceding the year in which the master plan is implemented, in consideration of the opinions of the head of a legal information production agency under paragraph (2).

(4) Where the Minister of Government Legislation modifies a master plan under Article 4 (3) of the Act, he or she shall notify the head of a legal information production agency of the details of and reasons for such modification and other matters and shall hear his or her opinion.

(5) The Minister of Government Legislation may request the head of a legal information production agency to submit the following data under Article 4 (6) of the Act:

1. The current status of the management and provision of legal information under his or her control;

2. Data regarding the cycle and methods of updating database of legal information under his or her control;

3. The current status of sharing legal information under his or her control with domestic and foreign institutions;

Article 4(Collection of legal information) #

(1) "Manners prescribed by Presidential Decree" in Article 5 (1) 3 of the Act means the following:

1. Collecting legal information using the public gazette;

2. Collecting legal information through the websites of legal information production agencies.

(2) "Legal information prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 5 (2) of the Act means the following:

1. Statutes and regulations, etc. referred to in subparagraph 2 (c) through (e) of Article 2 of the Act;

2. Statutes and regulations-related information referred to in subparagraph 3 (a) and (b) of Article 2 of the Act.

(3) When administrative rules of a central administrative agency, such as directives, established rules, and public notifications, (hereinafter referred to as "administrative rules") are enacted, amended, or repealed, the head of the relevant central administrative agency shall, without delay, register the following in the legislative information system under Article 30 (1) of the Regulations on Management of Legislative Affairs (hereinafter referred to as "legislative information system") after the issuance thereof:

1. The full text of administrative rules enacted, amended, or repealed;

2. Explanatory materials regarding the background of legislation, such as a statement on the grounds for enactment or amendment by each provision.

(4) Where the head of a central administrative agency fails to register the matters referred to in the subparagraphs of paragraph (3) in the legislative information system, the Minister of Government Legislation may request him or her to register such matters without delay. In such cases, the head of the central administrative agency shall comply with such request unless there is a compelling reason not to do so.

Article 5(Council for collection, management, and provision of legal information) #

(1) The head of a legal information production agency shall designate an officer who exercises general supervision over the collection, management, and provision of its legal information (hereinafter referred to as "legal information officer").

(2) Where cooperation and coordination are deemed necessary for the efficient collection, management, and provision of legal information, the Secretary General of the National Assembly, the Minister of the National Court Administration, the Secretary General of the Constitutional Court of Korea, and the Secretary General of the National Election Commission may designate their legal information officers.

(3) The head of an institution who designates a legal information officer under paragraph (1) or (2) shall notify the Minister of Government Legislation of such designation. The same shall also apply where a legal information officer is replaced.

(4) The Minister of Government Legislation shall operate a Legal Information Officer Council consisting of legal information officers under paragraphs (1) and (2) (hereinafter referred to as the "Council") for cooperation and coordination necessary for the efficient collection, management, and provision of legal information under Article 7 (1) of the Act.

(5) The chairperson of the Council shall be a member in general service of the Senior Executive Service who is in charge of informatization of the legislation sector in the Ministry of Government Legislation.

(6) An executive secretary of the Council shall be a director-level public official who is in charge of informatization of the legislation sector in the Ministry of Government Legislation.

(7) The Council shall consult on the following:

1. Matters regarding the formulation and implementation of policies related to the collection, management, and provision of legal information;

2. Matters regarding the joint utilization of legal information;

3. Matters regarding the linking of legal information;

4. Matters regarding the pursuing of legal information-related projects in which at least two legal information production agencies are involved;

5. Other matters that the Minister of Government Legislation deems necessary for the efficient collection, management, and provision of legal information.

Article 6(Building and operation of legal information system) #

(1) "Legal information prescribed by Presidential Decree" in Article 8 (1) 3 of the Act means the following:

1. National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, and National Election Commission Regulations in force;

2. Administrative rules in force;

3. Self-governing rules issued by local governments, such as municipal ordinances and municipal rules in force;

4. Other legal information prescribed by the Minister of Government Legislation.

(2) The Minister of Government Legislation may take the following measures to link and provide legal information having mutual relevance in content under Article 8 (2) of the Act (hereinafter referred to as "relevant legal information"):

1. Establishment of a system for the comprehensive management of relevant legal information;

2. Establishment and management of database of relevant legal information;

3. Regular inspections of the accuracy of relevant legal information;

4. Study on and designation of technological standards necessary for the dissemination and utilization of relevant legal information.

(3) The Minister of Government Legislation may take the following measures to ensure the safety and reliability of the legal information system under Article 8 (4) of the Act and may request the president of the National Information Resources Service under Appendix 1 of the Enforcement Decree of the Act on the Establishment and Operation of Responsible Administrative Agencies to provide cooperation for the regular structural diagnosis referred to in subparagraph 1, where necessary:

1. Regular structural diagnosis of the hardware and software of the legal information system;

2. Technical measures for protecting personal information;

3. Technical measures for ensuring the safety of the database and communications network of legal information;

4. Monitoring of the current status of the operation of the legal information system.

Article 7(Promoting reclassification, processing, and utilization of legal information) #

The Minister of Government Legislation may conduct the following projects to promote the provision and utilization of legal information under Article 9 (3) of the Act:

1. General supervision over and coordination of affairs regarding translation and dissemination of legal information;

2. Collection and translation of information on foreign statutes and regulations (hereinafter referred to as "foreign legal information");

3. Establishment and operation of an information system for foreign legal information;

4. Research and development of technologies to electronically collect, manage, and provide legal information;

5. International cooperation in the collection, management, and provision of legal information;

6. Overseas dissemination and transfer of technologies, etc. to establish the legal information system;

7. Issuance and dissemination of publications regarding legislation;

8. Education and training on the utilization of legal information for domestic and foreign public officials, students of schools at various levels, etc.;

9. Other projects determined by the Minister of Government Legislation to promote the dissemination and utilization of legal information and foreign legal information.

Article 8(Compilation, publication, and dissemination of collections of current statutes and regulations) #

(1) The Minister of Government Legislation shall disseminate the collections of current statutes and regulations under Article 10 (1) of the Act (hereinafter referred to as "collections of current statutes and regulations") to the following institutions:

1. The National Assembly, the Supreme Court of Korea, the Constitutional Court of Korea, and the National Election Commission;

2. Central administrative agencies;

3. Local governments;

4. The National Archives of Korea, the National Library of Korea, and the National Library of Korea Sejong.

(2) The Minister of Government Legislation shall issue the amendments to the collections of current statues and regulations to maintain the accuracy of such collections.

(3) The Minister of Government Legislation shall make endeavors to publish and disseminate various forms of the collections of statutes and regulations, such as publishing the collections in electronic form or publishing them separately for each field including economy, society, and administration.

Article 9(Designation of publisher) #

(1) "Requirements prescribed by Presidential Decree" in Article 11 (2) of the Act means the following:

1. An electronic system capable of making the collections of current statutes and regulations shall be established;

2. At least two persons who have engaged in publishing defined in subparagraph 1 of Article 2 of the Publishing Industry Promotion Act for at least three years shall be employed.

(2) An entity that intends to be designated as a publisher under Article 11 (1) of the Act (hereinafter referred to as "publisher") shall submit an application for designation of a publisher in the form prescribed by the Minister of Government Legislation, along with the following documents. In such cases, the Minister of Government Legislation shall verify the corporate registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act:

1. The articles of incorporation;

2. A business plan for publishing and disseminating the collections of current statutes and regulations on behalf of the Minister of Government Legislation;

3. Documents evidencing that the designation requirements under Article 11 (2) of the Act and the subparagraphs of paragraph (1) of this Article are met.

(3) Where the Minister of Government Legislation designates a publisher, he or she shall issue a written designation of the publisher and post such designation on the website of the Ministry of Government Legislation.

(4) An entity designated as a publisher under Article 11 (1) of the Act may determine the price of the collections of current statutes and regulations or change such price with approval from the Minister of Government Legislation.

(5) Where deemed necessary for verifying whether a publisher performs his or her duties properly, the Minister of Government Legislation may order him or her to submit a necessary report or data.

Article 10(Revocation of designation of publisher) #

(1) Where the Minister of Government Legislation intends to revoke the designation of a publisher under Article 11 (3) of the Act, he or she shall hold a hearing.

(2) Where the Minister of Government Legislation revokes the designation of a publisher under Article 11 (3) of the Act, he or she shall post such revocation on the website of the Ministry of Government Legislation.

Article 11(Entrustment of tasks) #

(1) "Projects prescribed by Presidential Decree" in Article 12 (1) 4 of the Act means the following:

1. Collection and translation of foreign legal information under subparagraph 2 of Article 7;

2. Establishment and operation of an information system for foreign legal information under subparagraph 3 of Article 7;

3. Overseas dissemination and transfer of technologies, etc. to establish the legal information system under subparagraph 6 of Article 7.

(2) "Requirements prescribed by Presidential Decree" in Article 12 (2) of the Act means the following:

1. Dedicated personnel under Appendix 1 shall be employed;

2. Facilities and equipment under Appendix 2 shall be established.

(3) When the Minister of Government Legislation designates a trustee under Article 12 (1) of the Act, he or she may take into consideration the most recent three years of performance records related to the affairs to be entrusted.

(4) Where the Minister of Government Legislation designates a trustee, he or she shall post the trustee and the details of the entrusted affairs on the website of the Ministry of Government Legislation.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the designation, etc. of trustees shall be determined and publicly notified by the Minister of Government Legislation.