Citizens Can Request Public Hearings in Health and Environment Sectors... Expansion of Subjects for Administrative Notice

Ministry of the Interior and Safety to Enforce Amendment to the Enforcement Decree of the Administrative Procedures Act from the 11th

[Asia Economy Reporter Jo In-kyung] From now on, if 30 or more citizens request it regarding administrative dispositions that have a significant impact on the safety or daily life of the public, the competent administrative agency must hold a public hearing. Administrative agencies are obligated to explain the public opinions submitted during administrative dispositions and must strive to reflect the public's policy proposals.

The Ministry of the Interior and Safety announced that the "Partial Amendment to the Enforcement Decree of the Administrative Procedures Act," which includes these provisions, was approved at the Cabinet meeting on the 2nd and will be enforced starting from the 11th.

This amendment first establishes the "Right to Request a Public Hearing by Citizens," allowing citizens to request a public hearing from the relevant agency when administrative actions significantly affect areas such as life, safety, health, and living environment issues like odor and noise. Previously, public hearings could only be held when mandated by law or when deemed necessary by the administrative agency.

Accordingly, from now on, if 30 or more citizens, including concerned parties, request it in advance regarding dispositions that significantly affect these fields, the administrative agency must hold a public hearing.

The amendment also expands the scope of administrative notice to ensure that administrative agencies broadly collect public opinions by conducting administrative notices in principle when establishing, implementing, or changing policies, systems, and plans.

Previously, administrative notices were only conducted for matters that significantly affected citizens' lives or caused inconvenience or burden. However, going forward, administrative notices must be conducted in principle except in cases unrelated to citizens' rights, obligations, or daily life, or cases involving simple enforcement of laws and regulations.

A system for explaining public opinions and policy proposals will be introduced. When an administrative agency issues a disadvantageous disposition and does not reflect submitted opinions, or if the concerned parties request an explanation within a certain period (90 days), the agency is obligated to provide an explanation.

Administrative agencies are also obligated to make efforts to respond to and incorporate public policy proposals submitted through online and offline citizen participation platforms operated by the agencies.

Additionally, the amendment specifies the disqualification criteria for hearing presiders and the qualifications for public hearing presiders to enhance fairness and expertise. Employees working in the same department handling the relevant disposition cannot preside over hearings. External experts are to be selected as presiders, with qualifications specifically defined as professionals related to the public hearing matters, such as professors, lawyers, and certified public accountants.

This content was produced with the assistance of AI translation services.