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Selected Statutes of the Republic of Korea |
제4편 행정일반 행정조사기본법
FRAMEWORK ACT ON ADMINISTRATIVE INVESTIGATIONS
Act No. 8482, May 17, 2007
Amended by Act No. 8852, Feb. 29, 2008
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to enhance administrative fairness, transparency and efficiency and protect the rights and interests of
citizens by prescribing
common matters relating to administrative investigations, including the
basic principles, methods, procedures, etc. therefor.
Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term “administrative investigation” means any activity performed
by an administrative agency, such as conducting field investigations, file inspections, sampling, etc., or requiring an person subject
to investig
ation to make reports, submit materials or be present to give statements,
with a view to gathering information or materials necessary to policymak ing or the performance of its duties;
2. The term “administrative agency” means any agency that holds administr
ative authority pursuant to Acts and subordinate statutes and Municipal
Ordinances and Rules (hereinafter referred to as ‘Acts and subordinate statutes, etc.’), or any legal entity or organization or
its organ or any
individual to which such authority is delegated or entrusted;
3. The term “investigator” means any public official or employee of an administrative agency or any individual who performs
the business
of administrative investigation;
4. The term “person subject to investigation” means any legal entity or organization or its organ or any individual that is subject
to administrati
ve investigation.
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FRAMEWORK ACT ON ADMINISTRATIVE INVESTIGATIONS
Article 3 (Scope of Application)
(1) Except as otherwise prescribed by other Acts, administrative investigati ons shall be governed by this Act.
(2) This Act shall not apply with respect to matters falling under any
of the following subparagraphs:
1. Matters relating to national security, unification and diplomacy that, if the fact or contents of an administrative investigation
are disclosed,
may threaten the existence of the State or substantially impair importan t national interests;
2. Matters relating to national defense and safety that fall under any
of the following items:
(a) Matters relating to the protection of military installations or secrets, or the defense industry;
(b) Matters relating to conscription, call-up, mobilization and drills pursuant to the Military Service Act, the Establishment of
Homeland
Reserve Forces Act, the Framework Act on Civil Defense and the
Emergency Resources Management Act;
3. Matters relating to the information stipulated in Article 4 (3) of the
Official Information Disclosure Act;
4. Matters relating to the duties of labor inspectors referred to in Article
101 of the Labor Standards Act;
5. Matters relating to taxes, criminal affairs, criminal administration
and security measures;
6. Matters relating to the supervision, inspection and investigation of financial supervisory agencies;
7. Matters relating to the investigation of unlawful offenses by the Fair
Trade Commission under the Monopoly Regulation and Fair Trade Act, the Act on Fair Labeling and Advertising, the Fair Transactions
in
Subcontracting Act, the Fair Transactions in Franchise Business Act, the Door-to-Door Sales, etc. Act, the Act on the Consumer Protection
in the Electronic Commerce Transactions, etc., the Regulation of Standa
rdized Contracts Act and the Installment Transactions Act.
(3) Notwithstanding the provisions of paragraph (2), Articles 4, 5 and
28 shall apply with respect to the matters provided for in the subparagraphs
of paragraph (2).
Article 4 (Basic Principles of Administrative Investigations)
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제4편 행정일반 행정조사기본법
(1) Administrative investigations shall be conducted within the minimum
scope necessary to achieve the objectives of investigation, and the authority to conduct such investigations shall not be abused by
using it for other
purposes, etc.
(2) In conducting administrative investigations, Administrative agencies shall select the persons subject to investigation in a manner
consistent
with the objectives of the investigation.
(3) Administrative agencies shall prevent the repetition of administrative investigations by placing the same or similar cases under
a joint investigatio
n, etc.
(4) Administrative investigations shall focus more on inducing the complianc e of persons subject to investigation with Acts and subordinate
statutes,
etc. than punishment for violations thereof.
(5) Except in compliance with other Acts, the person subject to an administra tive investigation and the contents of such investigation
shall not be disclose
d, and the secrets obtained while conducting such investigation shall not be divulged.
(6) An Administrative agency shall neither use any information obtained
while conducting an administrative investigation for the purposes other than the statutory purposes of the investigation nor offer
such information
to others, except for the use thereof within such agency or the offering
thereof to any other agency in accordance with other Acts.
Article 5 (Basis for Administrative Investigations)
The administrative investigations conducted by administrative agencies shall be limited to those prescribed by Acts and subordinate
statutes, etc.: Provided, That the same shall not apply with respect to administrative investigations conducted with the voluntary cooperation of the persons
subject to investigation.
CHAPTER Ⅱ ESTABLISHMENT OF INVES TIGATION PLANS AND SELE CTION OF PERSONS SUBJE
CT TO INVESTIGATION
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FRAMEWORK ACT ON ADMINISTRATIVE INVESTIGATIONS
Article 6 (Establishment and Submission of Annual Administrative Investig ation Management Plans)
(1) The heads of administrative agencies shall establish annual administrati
ve investigation management plans for the coming year and submit them to the Minister of the Prime Minister’s Office no later
than the end of
December every year: Provided, That the detailed scope of administrative
agencies that are required to submit administrative investigation manageme nt plans shall be prescribed by Presidential Decree. <AmendedbyActNo.8852,
Feb. 29, 2008>
(2) In developing administrative investigation management plans, the head
s of administrative agencies shall comply with the basic principles of administ rative investigations provided for in Article
4.
(3) Administrative investigation management plans under paragraph (1)
shall contain the types and methods of investigation, plans for the implement ation of joint investigation, plans for the prevention
of repetitive investigatio
ns and other matters as prescribed by Presidential Decree.
(4) The Minister of the Prime Minister’s Office may review administrative investigation management plans submitted by the heads
of administrative
agencies and request any necessary supplements thereto. In such case,
the heads of administrative agencies shall comply with such request unless there exist any special circumstances to the contrary.
<AmendedbyActNo.
8852, Feb. 29, 2008>
Article 7 (Periodicity of Investigations)
Administrative investigations shall, in principle, be made on a regular basis as prescribed by Acts and subordinate statutes, etc.
or administrative investigation management plans: Provided, That occasional investigations may be conducted in cases falling under any of the following subparagraphs:
1. Where an Act prescribes an occasional investigation;
2. Where there is a suspicion that a violation of any Act or subordinate statute, etc. has occurred;
3. Where a suspicion of violating any Act or subordinate statute, etc.
is communicated or transmitted by another administrative agency for investigation;
4. Where a report or civil petition is filed in relation to a violation of
any Act or subordinate statute, etc.;
5. Where an administrative investigation is deemed necessary as prescribed
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제4편 행정일반 행정조사기본법
by Presidential Decree.
Article 8 (Selection of Persons Subject to Investigation)
(1) The head of an administrative agency shall select those who are subject to administrative investigations according to obvious
and objective standard
s, taking into account the purposes of the administrative investigation, the past records of compliance with Acts and subordinate
statutes, efforts
for voluntary compliance with Acts and subordinate statutes, the size and
category of the business, etc.
(2) The person selected as an person subject to investigation may file an application with the head of the administrative agency
concerned for
access to the standards for selection of persons subject to investigation. (3) The head of an administrative agency shall, upon receipt
of an application
pursuant to paragraph (2), give the applicant access to the standards
for selection of persons subject to investigation, except for cases that falling under any of the following subparagraphs:
1. Where granting access would impede the investigation activities of
the administrative agency by making it impossible for the said agency to normally perform such activities;
2. Where it is necessary to protect whistle blowers and other third persons.
(4) Necessary matters regarding access to the standards for selection of those subject to administrative investigations and the methods
of such
access under paragraphs (2) and (3) shall be prescribed by Presidential
Decree.
CHAPTER Ⅲ INVESTIGATION METHODS
Article 9 (Demand for Appearance and Statement)
(1) The head of an administrative agency shall send a written demand for appearance stating the following matters when demanding an
appearance
and statement from the person subject to investigation:
1. Date and time, and place;
2. The purport of the demand for appearance;
3. Matters to be deposed while appearing;
4. Materials to be submitted;
5. Sanctions for non-compliance with the demand for appearance (including
the names and provisions of the underlying Acts and subordinate statute
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FRAMEWORK ACT ON ADMINISTRATIVE INVESTIGATIONS
s);
6. Other necessary matters regarding the administrative investigation concerned.
(2) The person subject to investigation may request the head of the administr ative agency to change the designated date and time
for appearance when
his/her appearance on such date and time may adversely affect his/her
business or livelihood, and the head of the administrative agency so requeste d may change the date and time to the extent that the
purposes of the
administrative investigation are attainable.
(3) The investigator shall complete the administrative investigation without demanding any additional appearance of the person subject
to investigation,
except where the purposes of the administrative investigation may not
be attainable because the person subject to investigation present fails to fulfill the matters stated in the written demand for appearance
provided
for in paragraph (1).
Article 10 (Demand for Report and for Submission of Materials)
(1) The head of an administrative agency shall send a written demand for report including the following matters when demanding
a report of
investigated matters from the person subject to investigation:
1. Date, time and place;
2. Purposes and scope of the investigation;
3. Matters to be reported;
4. Sanctions for non-compliance with the demand for report (including the names and provisions of the underlying Acts and subordinate
statute
s); and
5. Other necessary matters regarding the administrative investigation concerned.
(2) The head of an administrative agency shall send a written demand
for submission of materials stating the following matters when demanding the submission of books, documents or other materials from
the person
subject to investigation:
1. Deadline for submission;
2. Reasons for such demand;
3. Documents to be submitted;
4. Whether submitted documents will be returned;
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제4편 행정일반 행정조사기본법
5. Sanctions for non-compliance with the demand for submission (including
the names and provisions of the underlying Acts and subordinate statute s);
6. Other necessary matters regarding the administrative investigation concerned.
Article 11 (Field Investigation)
(1) Where it is necessary for an investigator to visit the house, office or other place of business of an person subject
to investigation to conduct a field investigation, the head of the administrative agency concerned shall
send the person subject to investigation either a written document describing
the field investigation which states the following matters or a document required to be presented at the time of the field investigation
in accordance
with any Act or subordinate statute, etc.:
1. Purposes of the investigation;
2. Period and place of the investigation;
3. Name and position of the investigator;
4. Scope and details of the investigation;
5. Materials to be submitted;
6. Sanctions for non-compliance with the investigation (including the
names and provisions of the underlying Acts and subordinate statutes);
7. Other necessary matters regarding the administrative investigation concerned.
(2) The field investigation under paragraph (1) may not be conducted before sunrise or after sunset: Provided, That the same shall not apply
in cases falling under any of the following subparagraphs:
1. Where consent thereto is given by the person subject to investigation
(including his/her agent or manager);
2. Where the administrative investigation is conducted during the business
hours of the office, place of business, etc.;
3. Where, if the administrative investigation were conducted during the time from sunrise to sunset, it may be impossible to achieve
the purposes
of the investigation or to ascertain whether the person subject to investig ation is violating any Act or subordinate statute, etc.
due to an anticipate
d destruction of evidence.
(3) The investigator conducting the field investigation pursuant to paragrap
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FRAMEWORK ACT ON ADMINISTRATIVE INVESTIGATIONS
hs (1) and (2) shall carry a certification indicating his/her authority and
show it to the person subject to investigation.
Article 12 (Sampling)
(1) In collecting necessary samples to achieve the purposes of an investigatio n, an investigator shall do so within a minimum limit
that does not impede the normal economic activities of the owner or manager of those samples.
(2) The head of an administrative agency shall compensate for a loss,
if any, suffered by the person subject to investigation due to the collection of samples under paragraph (1), in accordance with procedures
and methods
prescribed by Presidential Decree.
Article 13 (Placing Materials, etc. in Custody)
(1) In placing any materials, documents, articles, etc. (hereafter in this
Article referred to as ‘materials, etc.’) in his/her custody during a field investigation, the investigator shall do so in the
presence of the person
subject to investigation or his/her agent.
(2) With respect to the custody of materials, etc. under paragraph (1), an investigator may take photographs or make copies of the
materials,
etc. instead of such custody if keeping the materials, etc. in custody may make it practically impossible for the person subject to
investigation to
normally maintain his/her livelihood or business: Provided, That the same
shall not apply in cases of keeping materials, etc. in custody to prevent
the destruction of evidence.
(3) The investigator shall, upon completion of placing materials, etc. in
his/her custody, make two copies of the record of custody and affix his/her signature and seal thereto in the presence of a witness,
and deliver one
of them to the witness.
(4) The head of the administrative agency concerned shall promptly return the materials, etc. kept in custody if they fall under any
of the following
subparagraphs:
1. Where, as a result of examination, the materials, etc. kept in custody are found to have no relation to the administrative
investigation;
2. Where there is no need to keep the materials, etc. in custody because
the purposes of the administrative investigation have been achieved.
Article 14 (Joint Investigation)
(1) The head of an administrative agency shall conduct a joint administrative investigation in cases that fall under any of the following subparagraphs:
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제4편 행정일반 행정조사기본법
1. Where two or more departments in the administrative agency conduct
administrative investigations of the same person in relation to the same or similar fields of business;
2. Where the administrative agency and another administrative agency conduct administrative investigations of the same person in relation
to any fields prescribed by Presidential Decree.
(2) The person subject to investigation, who is in advance notified of administ rative investigations which fall under any subparagraph
of paragraph (1),
may file an application with the head of the administrative agency concerned
for a joint investigation. In this case, the person subject to investigation shall submit to the head of the administrative agency
concerned an applicatio
n for joint investigation stating the name of the applicant, the date and
time of investigation, reasons for application, etc.
(3) The head of the administrative agency who is requested to conduct a joint investigation pursuant to paragraph (2) shall comply
with such.
(4) The Minister of the Prime Minister’s Office may examine the details of the administrative investigation management plans submitted
by the
heads of administrative agencies pursuant to Article 6 and request the
heads of the relevant ministries and agencies to conduct a joint investigation.
<Amended by Act No. 8852, Feb. 29, 2008>
(5) Other necessary matters regarding joint investigations shall be prescribe
d by Presidential Decree.
Article 15 (Restrictions on Double Investigation)
(1) The head of an administrative agency who has conducted a regular or occasional investigation pursuant to Article 7 shall not reinvestigate
the same person with respect to the same matter: Provided, That the
same shall not apply in cases where the administrative agency concerned
has found new evidence supporting an illegal act with respect to a person who was already subject to administrative investigation.
(2) The head of an administrative agency who intends to conduct an administ
rative investigation may in advance ascertain whether another administrati ve agency has already conducted an administrative investigation
of the
same person with respect to the same or a similar matter.
(3) Where the head of an administrative agency who intends to conduct an administrative investigation requests materials concerning
the results
of an administrative investigation in order to ascertain the facts related
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FRAMEWORK ACT ON ADMINISTRATIVE INVESTIGATIONS
to paragraph (2), the head of the administrative agency so requested shall
offer the relevant materials unless there exists any special reason to the contrary.
CHAPTER Ⅳ IMPLEMENTATION OF INVE STIGATIONS
Article 16 (Establishment of Agency Investigation Plans)
(1) The head of an administrative agency who intends to conduct an administ rative investigation shall establish an agency investigation
plan ahead
of the prior notification provided for in Article 17: Provided, That, where
it is impossible to develop the investigation plan because of an urgent
need for administrative investigation, a report on the results of the administr ative investigation may be substituted for the agency
investigation plan.
(2) The agency investigation plan under paragraph (1) shall contain the
purposes, type, subjects, methods and period of investigation and other matters prescribed by Presidential Decree.
Article 17 (Prior Notification of Investigation)
(1) The head of an administrative agency who intends to conduct an administ rative investigation shall send the person subject to
investigation a written demand for appearance under Article 9, written demands for reports and
submission of materials under Article 10 and a written document describing
the field investigation under Article 11 (hereinafter referred to as “written demand for appearance, etc.”), no later than seven
days prior to the commenc
ement of the investigation: Provided, That, in cases falling under any
of the following subparagraphs, the written demand for appearance, etc.
may be presented to the person subject to investigation simultaneously with the commencement of the administrative investigation or
the purposes,
etc. of the administrative investigation may be communicated orally to the person subject to investigation:
1. Where it is deemed impossible to achieve the purposes of the investigation
due to an anticipated destruction of evidence, etc. when relevant matters are communicated prior to conducting the administrative
investigation;
2. Where the administrative investigation is conducted with a view to
preparing statistics designated under subparagraph 2 of Article 3 of
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제4편 행정일반 행정조사기본법
the Statistics Act;
3. Where the administrative investigation is conducted with the voluntary cooperation of the person subject to investigation pursuant
to the proviso
to Article 5.
(2) The head of the administrative agency shall take necessary measures to prevent the details of the written demand for appearance,
etc. from
being publicly disclosed when sending it to the person subject to investigatio n.
Article 18 (Application for Postponement of Investigation)
(1) A person who is notified by a written demand for appearance, etc. may request the head of the administrative agency concerned
to postpone an administrative investigation when he/she is unable to undergo the admini
strative investigation due to a natural disaster or other causes prescribed
by Presidential Decree.
(2) The person who intends to make a request for postponement under paragraph (1) shall submit to the head of the administrative
agency concerne
d an application for postponement stating the period of and reasons for the postponement.
(3) The head of the administrative agency shall, upon receipt of an applicatio
n for the postponement of an administrative investigation under paragraph
(2), decide whether to postpone the investigation and notify the person subject to investigation thereof within seven days of receipt
of the applicatio
n.
Article 19 (Supplementary Investigation of Third Persons)
(1) The head of an administrative agency may conduct a supplementary investigation of a third person in cases where the purposes of
the administrati
ve investigation cannot be achieved by means of the investigation of the person subject to investigation himself/herself only or excessive
expenses,
etc. are incurred in proving whether the act to be investigated was actually
committed, which fall under any of the following subparagraphs:
1. Where any other Act permits the investigation of the third person;
2. Where consent thereto is obtained from the third person.
(2) The head of the administrative agency shall, when conducting a suppleme ntary investigation of a third person pursuant to paragraph
(1), notify
the third person in writing of the date, time, place, purport, etc. of the
supplementary investigation no later than seven days prior to the commence
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FRAMEWORK ACT ON ADMINISTRATIVE INVESTIGATIONS
ment of the investigation.
(3) The head of the administrative agency shall notify the person subject to investigation himself/herself of the supplementary investigation
of a
third person before conducting such investigation: Provided, That where
the purposes of the investigation cannot be achieved or are substantially difficult to achieve, if the supplementary investigation
of the third person
is communicated in advance, the fact of the supplementary investigation shall be notified prior to the establishment of the results
of such supplementa
ry investigation.
(4) The person subject to investigation himself/herself may present his/her opinion on the matters communicated under paragraph
(3).
Article 20 (Administrative Investigation Conducted with Voluntary Cooper ation)
(1) Where the head of an administrative agency intends to conduct an
administrative investigation with the voluntary cooperation of the person subject to investigation pursuant to the proviso to Article
5, the person
subject to investigation may refuse the administrative investigation by
letter or telephone or verbally in person.
(2) Where the person subject to investigation gives no answer on whether to undergo the administrative investigation under paragraph
(1), he/she
shall be deemed to have refused the investigation unless there exists any special provisions in Acts and subordinate statutes, etc.
to the contrary.
(3) The head of the administrative agency may use basic materials concernin
g the identity, etc. of those who have refused investigation under paragraphs
(1) and (2), only for purposes of preparing statistics in a form that does not identify particular individuals.
Article 21 (Presentation of Opinions)
(1) A person subject to investigation may present to the head of the administrative agency concerned his/her opinions on the details of a prior notification under Article 17.
(2) The head of the administrative agency shall, in conducting the administra
tive investigation, reflect the opinions presented by the person subject to investigation pursuant to paragraph (1) if they
are reasonable.
Article 22 (Application for Replacement of Investigator)
(1) A person subject to investigation may file an application for the replaceme nt of an investigator with the head of the administrative agency concerned
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제4편 행정일반 행정조사기본법
when it is reasonably deemed that it is difficult to expect the investigator
to conduct the administrative investigation in a fair way.
(2) The application for replacement under paragraph (1) shall be filed
in writing with the head of the administrative agency concerned specifying the reasons therefor.
(3) The head of the administrative agency who receives the application
for replacement under paragraph (1) shall promptly conduct an examination thereof.
(4) Where the application for replacement under paragraph (1) is deemed
appropriate, the head of the administrative agency shall have another investigator conduct the administrative investigation.
(5) Where the application for replacement under paragraph (1) is deemed
to be filed with the intention of delaying the investigation or to be otherwise unreasonable, the head of the administrative agency
shall reject the applicati
on and notify the applicant thereof.
Article 23 (Restrictions on Exercise of Authority to Investigate)
(1) An investigator shall conduct an investigation of the person subject to investigation with respect only to the matters communicated
in advance
pursuant to Articles 9 through 11, but if it is necessary to conduct an
additional administrative investigation in relation to those matters notified in advance, the investigator may conduct the additional
administrative
investigation after notifying the person subject to investigation in writing
or orally of the necessity, substance, etc. of the additional investigation. (2) The person subject to investigation may have related
experts with
expertise in law, accounting, etc. attend the process of the administrative
investigation or state their opinions thereon.
(3) The person subject to investigation and the investigator may record the process of the administrative investigation on audiotape
or videotape
to the extent it does not impede the process of the investigation. In such case, the scope, etc. of such recording shall be determined
through mutual
consultation.
(4) In recording the process of the administrative investigation pursuant to paragraph (3), the person subject to investigation and
the investigator
shall in advance notify it to the head of the administrative agency concerned
of such.
Article 24 (Notification of Investigation Results)
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FRAMEWORK ACT ON ADMINISTRATIVE INVESTIGATIONS
The head of an administrative agency shall notify the person subject to
investigation concerned of the results of an administrative investigation to within seven days from the date on which the results
are established,
unless there are any special provisions in Acts and subordinate statutes, etc. to the contrary.
CHAPTER Ⅴ BUILDING, ETC. OF AUTON OMOUS MANAGEMENT SYST EMS
Article 25 (Voluntary Reporting System)
(1) The head of an administrative agency may operate a system that enables persons subject to investigation to make voluntary reports
on the matters
to be investigated pursuant to Acts and subordinate statutes, etc.
(2) The head of the administrative agency may substitute the matters reported by persons subject to investigation pursuant to paragraph
(1)
for the administrative investigation, except where it is reasonably deemed
that the reported matters are false or unreliable.
Article 26 (Building of Autonomous Management System)
(1) The head of an administrative agency may prepare and publish the standards for a system that enables persons subject to investigation
to
make voluntary reports on the matters to be investigated and to manage them on their own initiative as well as to self-regulate
the matters to
be observed pursuant to Acts and subordinate statutes (hereinafter referred
to as “autonomous management system”).
(2) A person who falls under any of the following subparagraphs may build an autonomous management system pursuant to the standards
under paragr
aph (1) and report it to the head of the administrative agency concerned in accordance with the procedures and methods prescribed
by Presidential
Decree:
1. A person subject to investigation;
2. An organization or association established by persons subject to investiga tion pursuant to Acts and subordinate statutes, etc.
or on their own
initiative.
(3) The Sate and a local government shall assist persons subject to investigati
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제4편 행정일반 행정조사기본법
on in building autonomous management systems so as to efficiently impleme
nt administrative affairs and to ensure compliance with Acts and subordinate statutes, etc.
Article 27 (Provision of Benefits in Relation to Autonomous Management) The head of an administrative agency may grant those making voluntary reports pursuant to Article 25, and those building autonomous management systems and complying with the standards therefor pursuant to Article
26, necessary benefits such as the reduction of or exemption from administrat ive investigations or the provision of administrative support or tax benefits, as prescribed by Acts and subordinate statutes, etc.
CHAPTER Ⅵ SUPPLEMENTARY PROVISIO NS
Article 28 (Administrative Investigation by Means of Information and Com munications)
(1) The head of an administrative agency may allow persons subject to
investigation to submit materials, etc. by means of information and communi cations networks including the Internet.
(2) The head of the administrative agency shall, upon receipt of materials,
etc. submitted by means of any information and communications network, take institutional and technical security measures to prevent
the public
disclosure of the identity, business secrets, etc. of the persons subject
to investigation.
Article 29 (Examination and Assessment of Administrative Investigations) (1) The Minister of the Prime Minister’s Office shall ascertain and examine the actual circumstances of administrative investigations, joint investigatio ns, double investigations, etc. conducted by various levels of administrative agencies to enhance efficiency, transparency and predictability in administr ative investigation. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of the Prime Minister’s Office shall assess the results of ascertainment and examination under paragraph (1) and
report such to the State Council and the President, in accordance with the procedures and methods prescribed by Presidential Decree.
<AmendedbyActNo. 8852, Feb. 29, 2008>
(3) The Minister of the Prime Minister’s Office may require the heads
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FRAMEWORK ACT ON ADMINISTRATIVE INVESTIGATIONS
of various levels of administrative agencies to submit materials relating
to the results of administrative investigations, the present status of joint investigations, etc. in order to conduct ascertainment
and examination
under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
(4) Matters regarding the administrative agencies subject to the ascertainm ent and examination of administrative investigations and
the procedures
for the ascertainment, examination and assessment of administrative invest igations shall be prescribed by Presidential Decree.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Applicability to Former Administrative Investigation Plans) Where
administrative investigation plans are established pursuant to other Acts and subordinate statutes, etc. at the time this Act enters
into force, the
provisions of Articles 6 through 8, 14 and 15 of this Act shall not apply
with respect to any administrative investigations conducted pursuant to the said plans.
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.
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