Civil Petitions Treatment Act


Published: 2013-03-23

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to provide for basic matters concerning the handling of civil petitions, thereby promoting the fair handling of civil petitions and reasonable improvement of the civil petition administrative system and protecting the rights and interests of the people.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "civil petitioner" means an individual, corporation or organization requesting that an administrative agency take a disposition or do any other specific act;
2. The term "civil petition affairs" means administrative affairs in regards to a disposition or any other specific act that a civil petitioner requests an administrative agency to take or do (hereinafter referred to as "civil petition");
3. The term "complex civil petition" means a civil petition handled with a permission, authorization, approval, recommendation, consultation or confirmation by several related institutions (including an organization, association, etc. related to the civil petition; hereinafter the same shall apply) or related offices pursuant to applicable Acts and subordinate statutes, directives, established rules, notifications, etc. (hereinafter referred to as "related Acts, subordinate statutes, etc.") in order to realize the purpose of a single civil petition;
4. The term "window for electronic civil petitions" means a window for electronic civil petitions established pursuant to Article 9 of the Electronic Government Act;
5. The term "automatic machine for issuing civil petition documents" means electronic equipment that is installed in an administrative agency, public place, etc. by the head of an administrative agency and directly issues civil petition documents for civil petitioners.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 3 (Scope of Application)   print
(1) Except as otherwise expressly provided in other Acts, this Act shall apply to civil petition affairs.
(2) For purposes of this Act, an administrative agency includes a corporation or organization that has been delegated or entrusted with the administrative authority pursuant to applicable Acts and subordinate statutes, or an agency or individual belonging thereto.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
CHAPTER II TREATMENT OF CIVIL PETITION AFFAIRS
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 Article 4 (Obligations of Public Officials Handling Civil Petition Affairs)   print
Each public official handling civil petition affairs shall treat civil petition affairs in his/her charge in an expeditious, fair and kind manner.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 5 (Principles of Handling Civil Petition Affairs)   print
(1) Each administrative agency shall handle civil petition affairs in preference to other affairs, as prescribed by relevant Acts and subordinate statutes, etc.
(2) No administrative agency shall delay the handling of civil petition affairs on the ground that the period for handling civil petition affairs established in the relevant Acts and subordinate statutes, etc. has yet to expire or that the relevant civil petitioner fails to pay public charges that have nothing to do with the civil petition affairs.
(3) Except cases falling under provisions of Acts and subordinate statutes, etc. or by delegation, no administrative agency shall tighten procedures for handling civil petition affairs, etc.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 6 (Calculation of Period for Handling Civil Petition Affairs)   print
(1) Where the period for handling civil petition affairs is fixed for no more than five days, said period shall be calculated on an hourly basis from the time of receipt of a civil petition, excluding holidays and Saturday. In this regard, one day shall be deemed eight working hours.
(2) Where the period for handling civil petition affairs is fixed for no less than six days, said period shall be calculated on a daily basis, including the first day, but excluding holidays.
(3) Where the period for handling civil petition affairs 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.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 7 (Keeping of Civil Petition Manual)   print
The head of each administrative agency shall post a notice of matters necessary to file a civil petition (including a notice through the Internet, etc.) or keep a civil petition manual for inspection by civil petitioners.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 8 (Filing of Civil Petitions)   print
A civil petition shall be filed in writing (including an electronic document set out in subparagraph 7 of Article 2 of the Electronic Government Act; hereinafter the same shall apply): Provided, That it may be filed orally or via telephone, telegraph, facsimile, or any other information and communications network (referring to the information and communications network set out in subparagraph 10 of Article 2 of the Electronic Government Act; hereinafter the same shall apply), in cases prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 9 (Receipt of Civil Petitions)   print
(1) The head of an administrative agency in receipt of a civil petition, he/she shall not withhold or refuse the receipt thereof and shall not unlawfully return the civil petition documents received, except as otherwise expressly provided in other Acts and subordinate statutes.
(2) Matters necessary for the receipt of civil petitions, etc. under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 10 (Prohibition of Requests for Unnecessary Documents)   print
(1) When the head of an administrative agency receives and handles a civil petition, he/she shall not request that the relevant civil petitioner submit additional documents other than the required documents.
(2) Where the head of an administrative agency receives the same civil petition documents or required documents in duplicates, he/she shall permit the relevant civil petitioner to submit a copy of such documents together with the original thereof, in the absence of special circumstances.
(3) Where the head of an administrative agency receives and handles 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 public official handling such civil petition shall directly confirm and treat such civil petition:
1. Where it is possible to confirm matters necessary to handle such 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 confirm matters necessary to handle such civil petition with the official book or administrative information of the relevant administrative agency;
3. Where it is possible to confirm matters necessary to handle such 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, in the absence of special circumstances.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 11 (Receipt of Civil Petitions and Issuance of Civil Petition Documents through other Administrative Agencies, etc.)   print
(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, among corporations that have been incorporated pursuant to a special Act and have nationwide organizations, to receive civil petitions and issue civil petition documents instead of such administrative agency.
(2) Matters concerning procedures for the receipt of civil petitions and the issuance of civil petition documents under paragraph (1), methods of forwarding between administrative agencies, etc. shall be prescribed by Presidential Decree.
(3) An executive or employee who receives civil petitions and issues civil petition documents pursuant to paragraph (1) and who is not a public official shall be deemed a public official for purposes of the penal provisions of the Criminal Act or other Acts.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 12 (Delivery of Civil Petition Documents)   print
(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.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 13 (Supplementation, Withdrawal, etc. of Civil Petition Documents)   print
(1) Where the head of an administrative agency finds any defect in a civil petition document that he/she 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) A civil petitioner may, before handling of the relevant civil petition affairs is completed, supplement, change, or withdraw any detail of the civil petition filed: Provided, That this shall not apply where there exist special provisions to the contrary 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.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 14 (Handling of Complex Civil Petitions)   print
(1) The head of an administrative agency may designate a department to handle complex civil petitions and have such department handle such complex civil petitions at a time in cooperation with related administrative agencies or departments.
(2) Matters necessary for the methods of, and procedures for, handling complex civil petitions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 15 (Notification of Results of Handling Civil Petitions)   print
(1) The head of an administrative agency shall give written notice to a civil petitioner of the result of handling a civil petition he/she has filed: Provided, That he/she may notify orally or through the information and communications network, in cases prescribed by Presidential Decree. In this case, upon request of the civil petitioner, the head of the administrative agency shall provide documents on the result of the handling without delay.
(2) When the head of an administrative agency notifies the result of the handling of a civil petition pursuant to paragraph (1), where he/she rejects a civil petition filed by a civil petitioner, he/she shall notify the civil petitioner of the result thereof, along with the grounds for rejection and the remedial procedure therefor.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 16 (Issuance of Civil Petition Documents Using Automatic Machines for Issuing Civil Petition Documents)   print
(1) The head of an administrative agency may issue the result of treatment 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 handling charges, but may collect money, other than handling charges, to cover expenses incurred in installing and managing automatic machines for issuing civil petition documents.
(3) The Minister of Security and Public Administration 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 central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 17 (Receipt of Civil Petitions and Issuance of Civil Petition Documents under Jurisdiction of other Administrative Agencies via Information and Communications Networks)   print
(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 Security and Public Administration shall determine and publicly notify the kinds 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. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 18 (Formal Objections against Refusal Dispositions)   print
(1) A civil petitioner who is dissatisfied with a disposition for refusal taken by the head of an administration agency may file an objection in writing to the head of such administrative agency within 90 days of receipt of such refusal disposition.
(2) The head of an administrative agency shall render a decision on any objection filed, within ten days of 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 the decision within the designated period due to extenuating circumstances, he/she may extend such period for up to ten days from the day 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.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 19 (Requests for Preliminary Review)   print
(1) In cases of a civil petition incurring huge financial costs, a civil petitioner may request a preliminary review with a summary document before he/she formally submits civil petition documents to the head of the relevant administrative agency.
(2) Where a civil petition for which a 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 and shall not reject a civil petition with regard to which he/she has notified of a disposition, upon stating reasons that he/she has not specifically presented when he/she notified the results of the preliminary review, except where he/she is unable to implement such disposition for any reason imputable to the civil petitioner, force majeure, or any other special reason.
(4) The head of each administrative agency shall develop and implement legal and institutional systems to ensure the efficient operation of the preliminary review system under paragraph (1).
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 20 (Publication of Standards for Handling Civil Petition Affairs, etc.)   print
(1) For the convenience of civil petitioners, the Minister of Security and Public Administration shall establish standards for handling civil petition affairs by integrating matters concerning agencies in charge, the time-periods for handling, required documents, handling procedures, the methods of filing civil petitions, etc. as provided in related Acts, subordinate statues, etc. and shall publish such standards in the Official Gazette and make them available on the Internet. <Amended by Act No. 11690, Mar. 23, 2013>
(2) If necessary to modify the standards for handling civil petition affairs published pursuant to paragraph (1) due to the establishment, amendment or repeal of related Acts, subordinate statutes, etc., the head of an administrative agency shall immediately notify the Minister of Security and Public Administration of the details thereof, and the Minister of Security and Public Administration shall reflect such details in the standards for handling civil petition affairs referred to in paragraph (1) after he/she publishes them in the Official Gazette and make them available on the Internet. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where the Minister of Security and Public Administration deems it necessary to simplify civil petition affairs, he/she may request the heads of the relevant administrative agencies to modify the time-periods for handling, required documents, handling procedures, and the methods of filing civil petitions, etc., as provided in related Acts, subordinate statutes, etc. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 21 (Adjustment of Standards for Handling Civil Petition Affairs, etc.)   print
(1) Where the Minister of Security and Public Administration deems it necessary to simplify civil petition affairs when he/she establishes and publishes the standards for handling civil petition affairs pursuant to Article 20, he/she may temporarily reduce the time-periods for handling and required documents, or change the handling procedures or methods of filing civil petitions, as provided in related Acts, subordinate statutes, etc. until such related Acts, subordinate statutes, etc. are amended in consultations with the heads of the relevant administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the standards for handling civil petition affairs are adjusted and published pursuant to paragraph (1), the head of each administrative agency shall handle civil petition affairs according to such adjustment and publication, and the head of each central administrative agency shall amend and adjust related Acts, subordinate statutes, etc. without delay according to the adjusted or changed content of the standards for handling civil petition affairs.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 22 (Opening of Civil-Petition Offices)   print
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 Article 23 (Civil Petition Examiners)   print
(1) The head of an administrative agency shall appoint a civil petition examiner from among public officials under his/her jurisdiction in order to confirm and check on the current status of the handling of civil petition affairs.
(2) Matters concerning the duties of civil petition examiners under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 24 (Implementation of One-time Visit Civil Petition Handling System)   print
(1) When the head of an administrative agency handles civil petition affairs, he/she shall have a public official in charge of civil petitions directly confirm data that may be confirmable within such administrative agency and perform all procedures resulting from cooperation with related agencies and departments, thereby establishing the one-time visit civil petition handling 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 handling in order to provide guidance and counseling convenience on the one-time visit civil petition handling system under paragraph (1).
(3) The one-time visit civil petition handling system referred to in paragraph (1) shall be implemented in accordance with the following procedures:
1. The operation of a counseling window for one-time visit civil petition handling;
2. The designation and operation of civil petition guardians;
3. The operation of a committee to deliberate on complex civil petitions;
4. Re-deliberation by a committee established for deliberation, adjustment, etc. of civil petitions;
5. Rendering final decisions by the head of an administrative agency.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 25 (Civil Petition Guardians)   print
The head of an administrative agency may designate public officials under his/her jurisdiction with abundant experience in handling civil petition affairs as civil petition guardians in order to provide guidance and counseling to civil petitioners for the effective operation of the one-time visit civil petition handling system.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 26 (Information Protection)   print
The head of an administrative agency shall endeavor not to infringe on the rights and interests of civil petitioners by divulging any detail relating to civil petitions and personal information of civil petitioners that he/she has learned in the course of handling civil petitions.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
CHAPTER III IMPROVEMENT OF CIVIL-PETITION ADMINISTRATIVE SYSTEM
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 Article 27 (Regular Inspection and Simplification of Civil Petition Affairs)   print
(1) The head of each central administrative agency shall, every year, inspect the actual state of handling and operation of civil petition affairs under his/her jurisdiction.
(2) The head of each central administrative agency shall formulate a plan for simplifying required documents for civil petition affairs under his/her jurisdiction, handling procedures therefor, etc. in accordance with the results of inspection under paragraph (1).
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 28 (Confirmation, Check, Assessment, etc.)   print
(1) When the Minister of Security and Public Administration deems it necessary for the improvement of efficiency of civil petition affairs, he/she may confirm, check, and assess each administrative agency's status of improvement of civil petition affairs and the actual conditions of the operation thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(2) As a result of confirmation, check, and assessment under paragraph (1), where the Minister of Security and Public Administration deems that an administrative agency acts passively in improving civil petition affairs or its status of implementation is not satisfactory, he/she may recommend the Prime Minister to take measures necessary for the correction thereof. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 29 (Gathering Public Opinion on Civil Petition Administration)   print
(1) Where necessary for administrative agencies' handling of civil petitions, the Minister of Security and Public Administration may gather public opinion and reflect such public opinion in the improvement of the civil petition administrative system and the operation thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for gathering public opinion under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 30 (Post Management of Civil Petitions Treated)   print
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.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
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 Article 31 (Handling of Public Proposals)   print
(1) The head of each administrative agency shall receive and deal with 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.
[This Article Wholly Amended by Act No. 11492, Oct. 22, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures)
(1) Treatment of the civil petition affairs and the public proposals received before this Act enters into force shall be governed by the previous provisions.
(2) The term of office and activities, etc. of administrative counseling members who are commissioned pursuant to the previous provisions at the time when this Act enters into force shall be governed by the previous provisions.
Article 3 Omitted.
ADDENDA<Act No. 8171, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 10012, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 11492, Oct. 22, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.