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Petitions and Appeals

General ideas of Petitions
The right of petition is historically the most time-honored traditional right among the people's rights guaranteed by civil law-governed country, which is specified and stipulated in Article 26 of the Korean Constitution. The petition right is exercised by the way of expressing a certain opinion or hope to a national agency in writing and it is a kind of people's right to resort to relief when their right or interest was infringed.
  • Submission of a petition
  • Receipt of a petition
    • Request for supplement
  • Decision as to whether to accept
    • Matters not received
    • Notify non-receipt
    • A formal objection
    • Withdrawal of a petition
  • Report to a chairman and general meeting
  • Refer it to a committee-deliberation
  • Report to chairman
  • Notify a petitioner and a member who introduced
    • Present opinions attached
  • Notify the petitioner and introducing member of decided results
  • Transfer
  • Disposal of petition
  • Report to the council
  • Notify disposal results
  • 1. Submission of a Petition
                  - A petition must be made in writing and attached with introductory opinions of a Muju council member
                  - In a petition, the petitioner's name(business name and representative's name in case of a corporation), address and contact are to be filled in the petition along with a signature
                  - The member who introduces the petition is to sign on introductory opinions
                  - In a petition, the purpose and reason of a petition and the main point of petitioner's desires are to be specified,
                  - Resident registration related documents should be attached proving a petitioner's current address or staying place
                  - In case of a collective petition, the representative of the petitioners should be nominated and the nominated name of the representative petitioner should be marked and an original copy for a petitioners'name list should be attached
                  - Miscellaneous data for reference can be attached if necessary (ex : related documents, plans, photos, etc)
  • 2. Matters petitioned 
                  - Relief of damage
                  - Request for correction, discipline or punishment of officials' irregularities
                  - Establishment, revision or abrogation of the laws and regulations in force
                  - Public institutions or management of a facility as well as other matters belonging to public agencies' authority
  • 3. Receipt of a petition
                  - An act of receipt of a petition submitted means a factual behavior receiving it as a factual thing.
                  - Receipt after examining formal requirements
                  - Register on the petition disposal record book
  • 4. Request for Supplement
                  - In time of unprepared for formal requirements in the petition submitted, request is made for supplement
                  - Formal Requisites: Attachment of a member's introductory opinions, the purpose and contents of petition and specification of the petition's main points, entry of address, name, and signature, etc.
                  - Supplementary Period: Within 15 days
  • 5. Decision as to whether to accept or not
                  - Acceptance of a petition means a semi-law enforcing administrative act acknowledging a petition as valid because the petition is well equipped with formal requirements with contents.
                  - If a petition should meet the formal requirements and its contents should not belong to the matters of non-acceptance, the petition will be accepted.
  • 6. Unaccepted matters
                  ① Contents interfering with law proceedings
                  ② In case of violating laws and regulations
                  ③ Sacrilegious practices of the chief of the state or state agencies
                  ④ Dual petition: In case a petition with the same contents[the same main points in contents though not the same in the reason]is submitted to the same agency more than twice or more than two agencies, the petition received later cannot be accepted.
                  ※ Penal provisions: A petition with false facts plotting a harm to others
  • 7. Notification of non-acceptance - In case of non-acceptance, the specified reason for non-acceptance is notified to a petitioner and its introducing council member.
  • 8. Request for objection 
                  - Only in case a petition isn't accepted for reason of dual petition, it is possible to submit a request for objection by way of the introducing member within 15 days after a petitioner was notified of non-acceptance
                  - A chairman can decide to accept it when the request for objection is acknowledged as reasonable.
  • 9. Withdrawal of a petition 
                  - If a petitioner is to withdraw his/her received petition, he/she should specify the reason for withdrawal in the request for withdrawal with the petitioner and introducing member's signature and submit it to a chairman.
                  - In case of withdrawal of a petition which has been an agenda(pending after it's brought up)at the committee or the general meeting, it should be approved by the committee or the general meeting.
  • 10. Chairman's report at the general council
                  - Receipt and chairman's report
                  - Report on matters referred to a committee at the general meeting /printing of summary for a petition and distributing it to each member
  • 11. Committee deliberation of the referred petition
                  - Disposal of a committee's deliberation of the referred petition(within 60 days)
                  ① Report on the referred petition
                  ② Bringing up of agendas(package bring-up of the similar petitions is available)
                  ③ Request for the introducing member's explanation about the purpose of a petition
                  ④ An expert member's report on the examination of a petition
                  ⑤ Inquiries and reponses
                  (With the decision of a committee, it is possible to hear the statement of a petitioner, persons interested, and a person  of learning and experience.)
                  ⑥ Discussion
                  (If necessary, it is possible to make up a sub-committee for deliberation, and as for a petition accompanying with budgetary matters, it's also possible to hear opinions of the magistrate or the public officials concerned.
                  ⑦ Voting on a petition
                  ※ In case of voting on a petition, the voting is not an act of passing a petition, but an act of adopting the opinion about the petition.
                  ※ Matters on exclusion of official authority: A member judged to have a direct interest in the petition at issue or to have a reason for disrupting equality is not allowed to participate in deliberation and voting, and if violating this regulation, it will be a cause of punishment to the doer.
  • 12. Report to a chairman
                  - The petition adopted by voting at the committee is to be reported to a chairman with an attachment of stated opinions specifying the agency[a magistrate
                  ※ In case of a petition which should be dealt with at the council, the statement of opinions should be written out including disposal methods.
                  (In time of need of the establishment and revision of ordinances, proposal for bills for ordinances, etc)
                  - A petition decided by a committee as unnecessary to bring up at the general meeting is reported to a chairman with a specified comment on the reason for non-adoption in the deliberation results and then a chairman reports it at the general council. 
                  ※ Reasons for non-adoption: In case of already achieved matters which a petition suggests, a matter to be impossible to be realized in reality due to budgetary situation, and a matter going beyond the boundary of enforcing policy, and lacking in feasibility, the petition may not be adopted.
                  - Within the 7 days[adjourning, and shutdown period excepted] after the report of not bringing up a petition at the general meeting, and in time of request of a chairman or more than one-third of the members on the register, and a petition wasn't deliberated within the disposal period for brought up bills at the general meeting, a request for extending deliberation period with an intermediate report should be informed.
  • 13. Notification of it to a petitioner and its introducing member
                  - In time of referring it to a committee 
                  - In case a committee, in time of reporting on their deliberation results, decided it as unnecessary to bring up at the general meeting, a petition is brought up at the general meeting.
  • 14. Bring-up attached with the number of opinions
                  - Putting forth agendas
                  - Report on deliberation
                  - Inquiries and responses
                  - Voting on a petition[a committee adopts a statement of opinions
  • 15. Voting results is to be notified to a petitioner and introducing member
  • 16. Transfer - A petition judged legitimate to be disposed by a magistrate is to be transferred with the attachment of the statement of opinions
  • 17. Disposal of a petition - A magistrate's disposal
  • 18. Report to the general council
                  - A magistrate should report the disposal results to a chairman immediately.
                  - Final report on the disposal results at the general council
  • 19. Notification of disposal results
            	  - Final notification of disposal results to a petitioner and its introducing member
                  - Arrangement of petition disposal records book

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