- Statutory interpretation is the task of MOLEG to clarify the meaning
and contents of the rather general and abstract statutes for the
application or enforcement of the statutes on specific cases. In July
2005, MOLEG made an unprecedented improvement of the statutory
interpretation for the government.
MOLEG's Statutory Interpretation Services can be applied to all related
administrative statutes excluding ones in relation
to civil, business, and criminal affairs, administrative litigation,
government compensations, ones under the jurisdiction
of Ministry of Justice, and ones regarding penalties.
Process of Statutory Interpretation
Process of Statutory Interpretation
- 1. Request for Statutory Interpretation
- MOLEG can only receive requests for statutory interpretation from the heads of the related central government and the local governments. The appellant must first make inquiries to the head of the related central government and can only ask the head to request statutory interpretation to MOLEG when not satisfied with the first response.
- 2. Review of Request
- Once all the opinions from the related departments are collected, further research will be made if necessary, and then a review statement will be written after undergoing legal examinations based on judicial and precedent cases and theories.
- 3. Deliberation & Resolution
- The statutory interpretation that has been examined through review sessions will be submitted to the Statutory Interpretation Deliberation Committee to undergo deliberation and resolution, and then a reply will be made after receiving approval from the Minister of MOLEG.
- 4. Statutory Interpretation Response
- 1) MOLEG strives to make prompt replies to the requesting organization so as not to hinder the execution and operation of statutes. In particular, in the case where requests are made by local governments, MOLEG informs the related federal administrative agency to prevent any confusion in statute execution.
- 2) Related federal administration agencies that have received statutory interpretation requests from the appellant must immediately relay the MOLEG’s response to the appellant upon reception.
- Statutory Interpretation Deliberation Committee
- MOLEG established the Statutory Interpretation Deliberation Committee, which is comprised of 96 members including 51 administrative civil experts such as professors and lawyers and 41 high-ranking public officers who are associated to federal administrative agencies in order to guarantee objectivity and fairness. The Statutory Interpretation Deliberations Committee meetings are administered by a total of nine members, the Chairman (Vice Minister of MOLEG), two nomination members and six appointment members.
- Statutory Interpretation & Information Bureau
- MOLEG founded the Statutory Interpretation Management Group in October 2005. And in March 2008, the Statutory Interpretation Management Group was expanded into the Statutory Interpretation Information Bureau to encompass the Statutory Interpretation Division, Administrative Statutory Interpretation Division, and Economic Statutory Interpretation Division. The Statutory Interpretation Information Bureau monitors all statutory interpretation inquiry cases so that the Statutory Interpretation Deliberation Committee can better examine and deliberate. It also manages the Statutory Interpretation Consulting Room.
The modification of the Statutory Interpretation System is as follows :
- The appellant can request Statutory Interpretation to MOLEG via related federal administrative agencies.
- In the case where the appellant objects to the response of the related federal administrative agency, the appellant can request Statutory Interpretation to MOLEG via the related agency.
- Local governments can also request Statutory Interpretation to MOLEG directly.
- Local governments can directly request Statutory Interpretation to MOLEG if they find any fault with the statutory interpretations of the related central government. The authorization of the head of the local government is no longer needed and it is possible to request interpretation with only the approval of the director in charge.
- Agencies and committees can also request Statutory
Interpretation to MOLEG directly.
- Not only ministries, but also agencies and committees such as
the National Police Agency can directly request statutory interpretation to MOLEG. The authorization of the vice head is no longer needed and it is possible to request interpretation with only the approval of the director in charge.
Effects of Modifying the Statutory Interpretation System
- The number of Statutory Interpretation requests has greatly increased.
- After amending the system in July 2005, the number of annual Statutory Interpretation requests increased greatly in the past five years from 15 cases to 321 cases.
- The average response time of Statutory Interpretation has been considerably accelerated.
- The average response time of Statutory Interpretation has been considerably accelerated from 85 days to approximately 50 days, and this has contributed to the prompt statute executions of administrative agencies.
- Contribution to the natural resolution of social conflicts
- The prudent discussion of Statutory Interpretation Deliberation Committee provides professional contributions to conflict resolution in reference to delayed policy executions that may have a long-term effect among ministries or among central and local governments.
- Citizens’ rights are guaranteed in lexical fashion.
- In the event the citizens have questions regarding the first interpretation of the statue, they may examine and verify the interpretation via the Statutory Interpretation System. This way, any potential violation of people's rights caused by wrongful reference can be prevented.
- The credibility of the statute execution of administrative agencies is secured.
- The creditability of administration and recognition from administrative agencies and academia regarding the statutory interpretation have been raised as administrative agencies received clear and objective statute interpretation through the statutory interpretation system before the enforcement of statute.
Future Direction of the Statutory Interpretation System
- MOLEG will provide prompt and clear statutory interpretation services.
- Based on fair procedures, MOLEG will provide prompt and clear statutory interpretations through in-depth reviews and deliberations.
- MOLEG will utilize its statutory interpretations to aggressively find ways for statutory improvement.
- During the process of statutory interpretation, MOLEG will actively search statutes that cause inconvenience to the people or burden business activities, and refine such statutes through statutory improvement to upgrade the quality of the national legislation.