Administrative Procedures Act (Haengjeong Jeolcha Beop)
The Administrative Procedures Act (Haengjeong Jeolcha Beop) governs the procedures of administrative agencies in South Korea. Enacted in 1996, the Act establishes the framework for administrative decision-making, rule-making, and administrative guidance. The Act provides for public participation in rule-making, the disclosure of administrative information, and the protection of citizens’ rights in administrative proceedings.
Legal area: Law governing the procedures and powers of government agencies.
Year enacted: 1996
Full text: https://elaw.klri.re.kr/eng_service/law_view.do?hseq=south-korea-administrative-procedures-act
Key Provisions
- Chapter I: General provisions (administrative agencies, procedures)
- Chapter II: Administrative rule-making (notice, comment, publication)
- Chapter III: Administrative decisions (hearing, disposition)
- Chapter IV: Administrative guidance and recommendations
- Chapter V: Disclosure of administrative information
- Chapter VI: Administrative appeals and review
- Chapter VII: Penalties and enforcement
Significance
The Administrative Procedures Act ensures transparency and fairness in government decision-making. The Act’s notice and comment rule-making provisions provide for public participation in the regulatory process. The Act has been strengthened to improve access to government information and to protect citizens’ rights. South Korea has been working to improve government transparency and accountability. The Act’s provisions on administrative appeals provide citizens with remedies against unlawful administrative actions.