Statutory interpretation is the task of understanding systematically its meaning and of clarifying its standard meaning based on its purpose of enactment. The opinion of statutory interpretation, suggested by MOLEG is the final decision in the administrative department; therefore it becomes ‘government’s authoritative interpretation’.
It is targeting every statute regarding administration (except for statutes, in jurisdiction of the Ministry of Justice and any other penalty clauses), excluding statutes, regarding civil and criminal litigation.
Process of Statutory Interpretation
Rights of requesting for statutory interpretation
- Originally only the head of the Central Administrative Organization or of Local Governments had its rights. But from 2010, also the civil petitioners can request for statutory interpretation directly at MOLEG, if they already requested at the Central Administrative Organization and it has not been requested at MOLEG within one month.
Statutory Interpretation Deliberation Committee
- Requests for statutory interpretation, received by MOLEG are not only reviewed by MOLEG, but also reviewed and deliberated by the Statutory Interpretation Deliberation Committee, composed of a personnel of 150, including experts at each legal or social sector, such as professors or attorneys.
- In such a way, fairness and professionalism are strengthened. In the conference for deliberating the requests for statutory interpretation, more than nine members are present: chairman (Vice Minister), one nominated member, and more than seven appointed members.
MOLEG statute Interpretation