Civil Petitions Treatment Act (Enforcement Date 7/26/2017)
CIVIL PETITIONS TREATMENT ACT (민원처리에 관한 법률)
[Enforcement Date 26. Jul, 2017.] [Act No.14839, 26. Jul, 2017., Amendment by Other Act]
행정안전부 (민원제도혁신과) , 044-205-2444
행정안전부 (공공데이터유통과 – 본인정보 공동이용) , 044-205-2468
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to provide for basic matters concerning treatment of civil petitions, thereby promoting fair and lawful treatment of civil petitions and rationalization of the civil petition administrative system to protect the rights and interests of the people.
Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term “civil petition” means a request by a civil petitioner to an administrative agency to take a disposition or other specific action, and the types thereof shall be as follows:
(a) General civil petition:
(i) Legal civil petition: A civil petition applying for authorization, permission, approval, patent, license, etc., according to the certain requirements prescribed by statutes, directives, established rules, notifications, autonomous regulations, etc. (hereinafter referred to as “related statutes, etc.”), applying for or reporting registration or entry in legers, registers, etc., or applying for confirmation or verification of certain facts or legal relations;
(ii) Inquisitive civil petition: A civil petition requesting explanation or interpretation of an administrative agency regarding administrative work, such as statutes, systems, procedures, etc.;
(iii) Recommendatory civil petition: A civil petition requesting the improvement of administrative system and operation;
(iv) Other civil petition: A civil petition requesting certain actions of an administrative agency, such as requesting consultation or explanation for simple administrative procedures or formal requirements, etc. or informing inconveniences occurring in daily life, other than a legal civil petition, inquisitive civil petition, recommendatory civil petition, and civil petition for grievance;
(b) Civil petition for grievance: A civil petition for grievance prescribed by subparagraph 5 of Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission;
2. The term “civil petitioner” means an individual, corporation, or organization filing a civil petition with an administrative agency: Provided, That a person prescribed by Presidential Decree, such as an administrative agency (excluding cases of filing a civil petition as a subject of private economy), a person who is in a contractual relationship with an administrative agency under civil law (only referring to the contractual relationship directly related to the civil petition), and a person whose name, address, etc. is unclear;
3. The term “administrative agency” means the followings:
(a) Agencies treating administrative affairs of the National Assembly, courts, the Constitutional Court, and the National Election Commission; central administrative agencies (including the agency under the jurisdiction of the President and the agency under the jurisdiction of the Prime Minister; hereinafter the same shall apply) and the affiliated agencies thereto; and local governments and the affiliated agencies thereto;
(b) Public institutions:
(i) Legal entities, organizations, or institutions prescribed by Article 4 of the Act on the Management of Public Institutions;
(ii) Local government-invested public corporations and local government public corporations prescribed by the Local Public Enterprises Act;
(iii) Special legal entities established under special Acts;
(iv) Schools of each level established under the Elementary and Secondary Education Act, Higher Education Act, and other Acts;
(v) Other corporations, organizations, or agencies prescribed by Presidential Decree;
(c) A corporation or organization that has administrative authority or that has been delegated or entrusted with the administrative authority pursuant to Statutes, or autonomous regulations, or an agency or individual belonging thereto.
4. The term “disposition” means a disposition prescribed by subparagraph 2 of Article 2 of the Administrative Procedures Act;
5. The term “complex civil petition” means a legal civil petition treated with an authorization permission, approval, recommendation, consultation, or verification by several related institutions (including an organization, association, etc. related to the civil petition; hereinafter the same shall apply) or related offices pursuant to related statutes, etc. in order to realize the purpose of a single civil petition;
6. The term “civil petition related to many persons” means a civil petition filed by not less than five persons under joint signature related to common interests of not less than five households;
7. The term “window for electronic civil petitions” means a window for electronic civil petitions established pursuant to Article 9 of the Electronic Government Act;
8. The term “automatic machine for issuing civil petition documents” means electronic equipment installed in an administrative agency, public place, etc. by the head of an administrative agency, which directly issues civil petition documents for civil petitioners.
Article 3 (Scope of Application)(1) Except as otherwise expressly provided for in other Acts, this Act shall apply to civil petitions.
(2) Articles 36 (3), 37, 38, 39 (2) through (6), and 42 shall not apply to agencies treating administrative affairs of the National Assembly, courts, the Constitutional Court, and the National Election Commission pursuant to subparagraph 3 (a) of Article 2.
Article 4 (Obligations of Persons in Charge of Treating Civil Petitions)
A person in charge of treating civil petitions shall treat civil petition in his/her charge in an expeditious, fair, kind, and lawful manner.
Article 5 (Rights and Obligations of Civil Petitioners)(1) Civil petitioners have rights to file a civil petition with an administrative agency and receive an expeditious, fair, kind, and lawful response.
(2) Civil petitioners shall cooperate with the request of persons in charge of treating civil petitions for lawful treatment of civil petitions and shall not conduct behaviors interrupting official businesses, such as making unreasonable demands to administrative agencies or delaying treatment of civil petitions for other civil petitioners.
Article 6 (Principles of Treating Civil Petitions)(1) No head of an administrative agency shall delay treatment of civil petitions on the ground that the period for treating civil petitions established in the relevant statutes, etc. has yet to expire or that the relevant civil petitioner fails to pay public charges unrelated to the civil petition: Provided, That where there are special provisions in other statutes, they shall apply thereto.
(2) Except in cases falling under provisions of statutes, etc. or by delegation, no head of an administrative agency shall tighten procedures, etc. for treatment of civil petitions.
Article 7 (Information Protection)
The head of an administrative agency shall endeavor to devise necessary measures not to divulge details of civil petitions, civil petitioners, and personal information of certain person which is included in the details of civil petitions that he/she has learned in the course of treating civil petitions, and ensure that the collected information is not used for the purposes other than treating civil petitions.
CHAPTER II TREATMENT OF CIVIL PETITIONS
SECTION 1 FILING AND RECEIVING, ETC. OF CIVIL PETITIONS
Article 8 (Filing of Civil Petitions)
A civil petition shall be filed in writing (including an electronic document provided for in subparagraph 7 of Article 2 of the Electronic Government Act; hereinafter the same shall apply): Provided, That other civil petitions may be filed orally or via telephone.
Article 9 (Receipt of Civil Petitions)(1) The head of an administrative agency, upon receipt of a civil petition, shall not withhold or refuse receipt thereof and shall not unlawfully return the civil petition documents received, except where special provisions exist in other statutes.
(2) When the head of an administrative agency received a civil petition, he/she shall give the relevant civil petitioner the receipt thereof: Provided, That in cases prescribed by Presidential Decree, such as other civil petition, the civil petition which was filed by a civil petitioner not by his/her personal visit, and the civil petition which shall be treated “immediately,” he/she may omit the issuance of the receipt.
(3) Matters necessary for the receipt, etc. of civil petitions under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
Article 10 (Prohibition of Requests for Unnecessary Documents)(1) When the head of an administrative agency receives and treats a civil petition, he/she shall not request that the relevant civil petitioner submit additional documents other than the required documents prescribed by the relevant statutes.
(2) Where the head of an administrative agency receives the same civil petition documents or required documents in duplicate, he/she shall permit the relevant civil petitioner to submit a copy of such documents together with the original thereof, unless there is a compelling reason not to do so.
(3) Where the head of an administrative agency receives and treats a civil petition and the civil petition falls under any of the following, he/she shall not request the relevant civil petitioner to submit related evidentiary documents or required documents, and the persons in charge of treating such civil petition shall directly verify and treat such civil petition:
1. Where it is possible to verify matters necessary to treat a civil petition with a certificate of resident registration, passport, or driver’s license carried by a civil petitioner, or any other certificate issued by an administrative agency;
2. Where it is possible to verify matters necessary to treat a civil petition with the official book or administrative information of the relevant administrative agency;
3. Where it is possible to verify matters necessary to treat a civil petition by sharing administrative information under Article 36 (1) of the Electronic Government Act.
(4) When the head of an administrative agency receives an application for change or renewal of matters in the original civil petition, he/she shall not request the relevant civil petitioner to re-submit related evidentiary documents or required documents already submitted, except in extenuating circumstances.
Article 11 (Providing Convenience for Disabled Persons, Etc.)
The head of each administrative agency shall endeavor to provide convenience for disabled persons, pregnant women, the seniors, etc. in the course of application for civil petitions and receipt and treatment thereof.
Article 12 (Opening of Civil-Petition Offices)
In order to ensure expeditious treatment of civil petitions and provide civil petitioners with guidance and counseling convenience, the head of an administrative agency may open civil-petition offices.
Article 13 (Providing Convenience for Application such as Keeping Civil Petition Manual)
The head of each administrative agency shall provide convenience for filing a civil petition to civil petitioner, such as posting a notice of matters necessary for filing a civil petition (including a notice via the Internet, etc.) or keeping a civil petition manual for inspection by civil petitioners in the civil-petition offices (in cases of an agency where no civil-petition office is established, referring to the department in charge of receiving and sending documents).
Article 14 (Receipt of Civil Petitions and Issuance of Civil Petition Documents through other Administrative Agencies, etc.)(1) For the convenience of civil petitioners, the head of an administrative agency may cause another administrative agency or a corporation prescribed by Presidential Decree, from among corporations incorporated pursuant to a special Act and have a nationwide organizational structure, to receive civil petitions and issue civil petition documents on behalf of such administrative agency.
(2) Matters necessary for procedures for the receipt of civil petitions and the issuance of civil petition documents under paragraph (1), methods of forwarding among receiving, treating, and issuing agencies shall be prescribed by Presidential Decree.
(3) An executive or employee of a corporation who receives civil petitions and issues civil petition documents pursuant to paragraph (1) shall be deemed a public official for the purposes of the penalty provisions of the Criminal Act or other Acts.
Article 15 (Receipt of Civil Petitions and Issuance of Civil Petition Documents under Jurisdiction of Other Administrative Agencies via Information and Communications Networks)(1) Where it is possible for the head of an administrative agency to receive civil petitions and issue civil petition documents under the jurisdiction of other administrative agencies via information and communications networks, he/she may directly receive civil petitions and issue civil petition documents.
(2) The Minister of the Interior and Safety shall determine and publicly notify the types of civil petitions that he/she may receive and civil petition documents that he/she may issue pursuant to paragraph (1), in consultations with the heads of the relevant central administrative agencies.
Article 16 (Delivery of Civil Petition Documents)(1) Where the head of an administrative agency receives any civil petition document under the jurisdiction of another administrative agency, he/she shall deliver such documents to the competent administrative agency without delay.
(2) Matters necessary for procedures and methods of delivering civil petition documents under paragraph (1) shall be prescribed by Presidential Decree.
SECTION 2 TREATMENT PERIOD AND METHOD, ETC. OF CIVIL PETITION
Article 17 (Setting and Public Announcement of Treatment Period of Legal Civil Petitions)(1) The head of an administrative agency shall pre-determine the treatment period, from receipt of the application of legal civil petitions with the administrative agency to completion of treatment thereof, by each type of legal civil petitions and make a public announcement thereof in order to treat legal civil petitions promptly.
(2) When the head of an administrative agency determines the treatment period pursuant to paragraph (1), he/she shall determine it by distinguishing the treatment period for each agency, such as receipt agency, funnel agency, consultation agency (only where the consultation with other agency is necessary in advance), and disposition agency.
(3) The head of an administrative agency shall include the treatment period pursuant to paragraphs (1) and (2) in the civil petition manual.
Article 18 (Treatment Period, Etc. of Inquisitive Civil Petition, Etc.)
The treatment period and treatment procedure, etc. of inquisitive civil petition, recommendatory civil petition, other civil petition, and civil petition for grievance shall be prescribed by Presidential Decree.
Article 19 (Calculation of Period for Treating Civil Petitions)(1) Where the period for treating civil petitions is fixed at not more than five days, the said period shall be calculated on an hourly basis from the time of receiving a civil petition, excluding Saturday and holidays. In this regard, one day shall be deemed eight working hours.
(2) Where the period for treating civil petitions is fixed at not less than six days, the said period shall be calculated on a daily basis, including the first day, but excluding holidays and Saturday.
(3) Where the period for treating civil petitions is fixed on a weekly, monthly, or yearly basis, the first day shall be included therein, and Articles 159 through 161 of the Civil Act shall apply mutatis mutandis thereto.
Article 20 (Cooperation among Relevant Agencies and Departments)(1) Where the cooperation of the relevant agencies and departments is necessary in treating civil petitions, the department treating civil petitions shall request such cooperation without delay after receiving civil petitions by determining answer period within the treatment period of the civil petitions, and the agencies and departments, upon receipt of such request, shall treat it within the answer period.
(2) Where there is a special circumstance that the agency or department, upon receipt of a request, is unable to treat the civil petition within the answer period pursuant to paragraph (1), it may extend the period only once, within the scope of the answering period.
(3) Where the agency or department, upon receipt of a request, intends to extend the period pursuant to paragraph (2), it shall notify the department treating the civil petitions which requested the cooperation of the grounds for extension, status of treatment process, and expected date of answer, etc. before the answer period pursuant to paragraph (1) terminates.
Article 21 (Exception of Treating Civil Petitions)
Where the civil petition (excluding legal civil petition; hereinafter the same shall apply in this Article) received by the head of an administrative agency falls under any of the following, he/she need not treat the civil petition. In such cases, he/she shall notify the relevant civil petitioner of the grounds therefore:
1. Matters requesting a highly political decision or matters regarding state secrets or official secrets;
2. Matters regarding investigation, trial, and execution of sentence or matters for which the inspection of the Board of Audit and Inspection began;
3. Administrative trial, administrative litigation, trial in the Constitutional Court, request for examination by the Board of Audit and Inspection, and other matters for which the appeals procedure is on the process pursuant to other Acts;
4. Matters for which the procedure for the coordination of interest among relevant persons, such as reconciliation, intercession, adjustment, arbitration, etc., is on the process pursuant to the statutes;
5. Matters regarding the relationship of rights finalized through judgement, ruling, decision, reconciliation, adjustment, arbitration, etc.;
6. Matters conducted by the Board of Audit and Inspection through the decision of the Council of Commissioners;
7. Matters conducted through resolution by various levels of election board;
8. Matters regarding the relationship among private individuals or matters regarding privacy;
9. Matters regarding the act of personnel administration against the employees of administrative agencies.
Article 22 (Supplementation, Withdrawal, etc. of Civil Petition Documents)(1) Where it is necessary to complement a civil petition document that the head of an administrative agency has received, he/she shall require the relevant civil petitioner to supplement such document within a designated period as necessary for the supplementation thereof without delay.
(2) Before the treatment of the relevant civil petition is completed, a civil petitioner may supplement, change, or withdraw any detail of the civil petition filed: Provided, That this shall not apply where otherwise expressly provided for in other Acts or such supplementation, change, or withdrawal is impracticable due to the nature of such civil petition.
(3) Matters necessary for procedures for, and methods of, supplementing civil petition documents under paragraph (1) shall be prescribed by Presidential Decree.
Article 23 (Treating Repetitive Civil Petitions and Redundant Civil Petitions)(1) Where a civil petitioner submits civil petitions (excluding legal civil petitions; hereinafter the same shall apply in this Article) with the same details repeatedly at least three times without any justifiable reasons, the head of an administrative agency may notify the civil petitioner of the treatment result thereof at least twice, and may terminate the civil petition received afterwards.
(2) Where the head of an administrative agency received the civil petition with the same details, which was submitted to at least two administrative agencies by a civil petitioner, he/she may treat it by applying paragraph (1) mutatis mutandis.
(3) The head of an administrative agency shall determine whether the details of civil petitions are identical as prescribed in (1) and (2) by comprehensively considering the characteristics of the relevant civil petition, the similarity and relationship of the details of civil petition to those of the previous civil petition, and the circumstances where it is unavoidable to make the same reply as that for the previous civil petition, etc.
Article 24 (Treatment of Civil Petitions Involving Many Persons)(1) A civil petitioner who files a civil petition involving many persons shall submit the original document of joint signature.
(2) Where a civil petition related to many persons is filed, the head of an administrative agency shall take measures to resolve it in a prompt, fair, and legal manner.
(3) The matters necessary for the effective treatment and management of civil petitions related to many persons shall be prescribed by Presidential Decree.
Article 25 (Designation of Civil Petition Examiners)(1) The head of an administrative agency shall appoint a civil petition examiner, from among employees under his/her jurisdiction, for a verification, check, etc. of the current status of treatment of civil petitions.
(2) Matters concerning the duties of civil petition examiners under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
Article 26 (Post Management of Civil Petitions Treated)
The head of an administrative agency may investigate the level of satisfaction of civil petitioners with civil petitions treated, matters requiring improvement, etc, and may reflect the results of such investigation in its business affairs.
SECTION 3 NOTIFICATION, ETC. OF OUTCOME OF TREATING CIVIL PETITIONS
Article 27 (Notification of Outcome of Treating Civil Petitions)(1) Where the head of an administrative agency completed the treatment of the received civil petition, he/she shall give written notice to a civil petitioner of the result thereof: Provided, That he/she may notify orally or by phone, in cases prescribed by Presidential Decree, such as in cases of other civil petition and in cases where it is necessary to notify promptly or where a civil petitioner so requests.
(2) Where the head of an administrative agency notifies the result of treatment of a civil petition pursuant to paragraph (1) and he/she rejects the detail of a civil petition, he/she shall notify the civil petitioner of the result thereof, along with the grounds for rejection and the remedial procedures therefore.
(3) Where it is necessary to issue the result of treatment of a civil petition pursuant to paragraph (1) by document, such as a written permission, certificate of completion of receipt, certificate, etc. (excluding an electronic document provided for in subparagraph 7 of Article 2 of the Electronic Government Act and digitized document provided for in subparagraph 8 of the same Article) directly to a civil petitioner, he/she shall issue the document after confirming whether the person who will be notified is the civil petitioner or the person who has been delegated by the civil petitioner.
Article 28 (Issuance of Civil Petition Documents Using Automatic Machines for Issuing Civil Petition Documents)(1) The head of an administrative agency may issue the document of a civil petition (including civil petitions under the jurisdiction of other administrative agencies) by using automatic machines for issuing civil petition documents.
(2) Where the head of an administrative agency issues civil petition documents pursuant to paragraph (1), notwithstanding the provisions of other Acts, he/she may abate or exempt treatment charges.
(3) The Minister of the Interior and Safety shall determine and publicly notify the kinds of civil petition documents to be issued by him/her pursuant to paragraph (1), in consultations with the heads of the relevant administrative agencies.
Article 29 (Method of Paying Civil Petition Treatment Charges, etc.)
For the convenience of civil petitioners, the head of an administrative agency shall take measures for civil petitioners to pay the charges for treating civil petitions by revenue stamp, certificate stamp, or other various methods.
SECTION 4 LEGAL CIVIL PETITION
Article 30 (Requests for Preliminary Review, etc.)(1) In cases of a legal petition prescribed by Presidential Decree, such as civil petitions incurring large financial costs for the filing thereof, a civil petitioner may request a summary preliminary review before he/she formally files a civil petition to the head of the relevant administrative agency.
(2) Where a legal civil petition, for which preliminary review has been requested pursuant to paragraph (1), is subject to consultations with the heads of other administrative agencies, the head of an administrative agency shall consult with the head of such other administrative agencies in advance.
(3) The head of an administrative agency shall notify a civil petitioner of the result of a preliminary review in writing and, when he/she notifies that the filing of the civil petition is possible, he/she shall endeavor to make the same decision in cases where the civil petitioner formerly files the civil petition with the same details: Provided, That this shall not apply to the cases where he/she is unable to implement such disposition for any reason imputable to the civil petitioner, force majeure, or any other just reason.
(4) The head of an administrative agency shall develop and implement legal and institutional systems to ensure an efficient operation of the preliminary review system under paragraph (1).
Article 31 (Treatment of Complex Civil Petitions)(1) The head of an administrative agency may designate a department to treat complex civil petitions and have such department treat complex civil petitions simultaneously, in cooperation with related administrative agencies or departments.
(2) Matters necessary for the methods of, and procedures for, treating complex civil petitions under paragraph (1) shall be prescribed by Presidential Decree.
Article 32 (Implementation of One-time Visit Civil Petition Treatment System)(1) When the head of an administrative agency treats complex civil petitions, he/she shall make sure that an employee in charge of civil petitions directly confirms data that may be confirmable within such administrative agency and performs all procedures resulting from cooperation with related agencies and departments, thereby establishing the one-time visit civil petition treatment system, lest a civil petitioner should revisit the administrative agency for unnecessary reasons.
(2) The head of an administrative agency shall establish a counseling window for one-time visit civil petition treatment in order to provide guidance and counseling convenience on the one-time visit civil petition treatment system under paragraph (1).
(3) The one-time visit civil petition treatment system referred to in paragraph (1) shall be implemented in accordance with the following procedures:
1. The establishment and operation of a counseling window for one-time visit civil petition treatment pursuant to paragraph (2);
2. The designation and management of civil petition superintendents pursuant to Article 33;
3. The operation of a business organization to deliberate on complex civil petitions;
4. Re-deliberation by a civil petition coordination committee pursuant to Article 34 for the deliberation result of the business organization under subparagraph (3);
5. Rendering final decisions through the head of an administrative agency.
Article 33 (Designation and Operation of Civil Petition Superintendents)
The head of an administrative agency may designate employees under his/her jurisdiction with abundant experience in treatment of civil petition affairs as civil petition superintendents in order to provide guidance and counseling to civil petitioners for the effective operation of the one-time visit civil petition treatment system.
Article 34 (Establishment and Operation of Civil Petition Coordination Committee)(1) The head of an administrative agency shall establish and operate the civil petition coordination committee in order to deliberate on the following:
1. Measures for resolving and preventing civil petitions which have been unresolved for a long time, repetitive civil petitions, and civil petitions related to many persons;
2. Formal objections against rejections;
3. Validity of applying regulations of the department treating civil petitions and re-deliberation pursuant to Article 32 (3) 4;
4. Other matters prescribed by Presidential Decree.
(2) Matters necessary for the organization and operation of the civil petitions coordination committee shall be prescribed by Presidential Decree.
Article 35 (Formal Objections against Rejections)(1) A civil petitioner, who is dissatisfied with a disposition to reject a legal civil petition taken by the head of an administration agency, may file an objection in writing to the head of such administrative agency within 60 days from the receipt of such refusal disposition.
(2) The head of an administrative agency shall render a decision as to whether to accept the objection filed, within ten days from receipt of the objection, and shall give written notice of the result thereof to the civil petitioner without delay: Provided, That when the head of the administrative agency is unable to render a decision as to whether to accept the objection within the designated period due to extenuating circumstances, he/she may extend such period for up to ten days from the date following the expiration date of such period, and notify the civil petitioner of the grounds for the extension thereof.
(3) A civil petitioner may file an administrative appeal under the Administrative Appeals Act and an administrative litigation under the Administrative Litigation Act, regardless of whether he/she has filed an objection under paragraph (1).
(4) Matters necessary for procedures for, and methods of, filing an objection under paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER III IMPROVEMENT, ETC. OF CIVIL-PETITION ADMINISTRATIVE SYSTEM
Article 36 (Publication of Standards for Treatment of Civil Petitions, etc.)(1) For the convenience of civil petitioners, the Minister of the Interior and Safety shall formulate standards for treating civil petition by integrating matters concerning agencies in charge, the periods for treatment, required documents, treatment procedures, the methods of filing civil petitions, etc. as provided for in related statues, etc. and shall publish such standards in the official gazette and make them available on the an integrated electronic civil petition window under Article 9 (3) of the Electronic Government Act (hereinafter referred to as “integrated electronic civil petition window”).
(2) If necessary to modify the standards for treatment of civil petitions published pursuant to paragraph (1) due to the establishment, amendment, or repeal of related statutes, etc., the head of an administrative agency shall immediately notify the Minister of the Interior and Safety of the details thereof, and the Minister of the Interior and Safety shall reflect such details in the standards for treatment of civil petitions referred to in paragraph (1) after he/she publishes them in the official gazette and make them available on the integrated electronic civil petition window.
(3) Where the Minister of the Interior and Safety deems it necessary to simplify civil petitions, he/she may request the heads of the relevant administrative agencies to modify the time-periods for treatment, required documents, treatment procedures, and the methods of filing civil petitions, etc., as provided for in related statutes, etc.
Article 37 (Adjustment of Standards for Treatment of Civil Petitions, etc.)(1) Where the Minister of the Interior and Safety deems it necessary to simplify civil petitions when he/she establishes and publishes the standards for treatment of civil petition affairs pursuant to Article 36, he/she may temporarily reduce the periods for treatment and required documents, or change the treatment procedures or methods of filing civil petitions, as provided for in related statutes, etc. until such related statutes, etc. are amended, in consultations with the heads of the relevant administrative agencies.
(2) Where the standards for treatment of civil petitions are adjusted and published pursuant to paragraph (1), the head of each administrative agency shall treat civil petition affairs according to such adjustment and publication, and the head of each central administrative agency shall amend and revise related statutes, etc. without delay according to the adjusted or changed content of the standards for treatment of civil petitions.
Article 38 (Civil-Petition Administration and Improvement of System thereof)(1) The Minister of the Interior and Safety shall draw up basic guidelines for civil-petition administration and the improvement of system thereof every year and notify it to the head of an administrative agency.
(2) The head of an administrative agency shall establish and implement a plan for civil-petition administration and the improvement of system thereof, which meets the characteristics of the relevant agency according to the basic guidelines pursuant to paragraph (1).
Article 39 (Improvement of Civil-Petition System)(1) The head of an administrative agency shall endeavor to discover and improve improvement schemes for the civil-petition system.
(2) The head of an administrative agency shall notify the improvement pursuant to paragraph (1) to the Minister of the Interior and Safety, as prescribed by Presidential Decree.
(3) The head of an administrative agency and persons in charge of treating civil petitions may submit the improvement scheme of civil petition system to the Minister of the Interior and Safety or the head of the competent administrative agency.
(4) The Minister of the Interior and Safety shall review the improvement scheme submitted pursuant to paragraph (3) and, when necessary, may notify it to the head of the competent administrative agency and have him/her review it.
(5) The head of the competent administrative agency, who received and was notified of the improvement scheme pursuant to paragraphs (3) and (4), shall determine whether to accept it, and the Minister of the Interior and Safety may, for the matters he/she deems it necessary to improve, from among the matters the head of an administrative agency decided not to accept, he/she may recommend the head of the competent administrative agency to improve them.
(6) When the head of the competent administrative agency decided not to accept matters recommended by the Minister of the Interior and Safety pursuant to paragraph (5), the Minister of the Interior and Safety may request deliberation thereon by the civil petition system improvement and coordination committee pursuant to Article 40.
Article 40 (Civil Petition System Improvement and Coordination Committee)(1) In order to deliberate on and coordinate matters requiring improvement of civil petition system related to many departments, the civil petition system improvement and coordination committee shall be established (hereinafter referred to as “Coordination Committee”) under the jurisdiction of the Prime Minister.
(2) The Coordination Committee shall deliberate on and coordinate the matters prescribed by Presidential Decree, such as matters requiring improvement of civil petition system, matters requested to be deliberated upon pursuant to Article 39 (6).
(3) The organization and operation of the Coordination Committee and other necessary matters shall be prescribed by Presidential Decree.
Article 41 (Actual State Inspection and Simplification of Civil Petition)(1) The head of each central administrative agency shall, every year, inspect the actual state of treatment and operation of civil petition under his/her jurisdiction.
(2) The head of each central administrative agency shall formulate a plan for simplifying required documents for civil petitions under his/her jurisdiction, treatment procedures therefor, etc., in accordance with the results of inspection under paragraph (1).
Article 42 (Verification, Check, Assessment, etc.)(1) Where the Minister of the Interior and Safety deems it necessary for improvement of efficiency of civil petition administration and system, he/she may verify, check, and assess each administrative agency’s status of improvement of civil petitions and the actual conditions of the operation thereof.
(2) As a result of confirmation, check, and assessment under paragraph (1), where the Minister of the Interior and Safety deems that an administrative agency acts passively in improving civil petitions or its status of implementation is unsatisfactory, he/she may recommend the Prime Minister to take measures necessary for the correction thereof.
Article 43 (Cooperation of Administrative Agency)
The head of an administrative agency shall actively cooperate in the collection of data relevant to civil petitions and civil petition system improvement projects conducted by the Minister of the Interior and Safety under this Act.
Article 44 (Gathering Public Opinion on Civil Petition Administration)(1) Where necessary for administrative agencies’ treatment of civil petitions, the Minister of the Interior and Safety may gather public opinion and reflect such public opinion in improving the civil petition administrative system and the operation thereof.
(2) Matters necessary for gathering public opinion under paragraph (1) shall be prescribed by Presidential Decree.
Article 45 (Treatment of Public Proposals)(1) The head of a central administrative agency, the head of local governments, and other head of administrative agencies prescribed by Presidential Decree shall receive and treat public proposals on the improvement of government policies, administrative systems, and the operation thereof.
(2) Matters necessary for the operation of public proposals, procedures therefor, etc. under paragraph (1) shall be prescribed by Presidential Decree.
부칙 ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.
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