Write a New Chapter for Asian Legislation Interchange!
: The First Asian Legislative Experts Symposium was held successfully
□ The First Asian Legislative Experts Symposium, which was hosted mainly by the Ministry of Government Legislation(the Minister, Jung-boo Je) and co-hosted by the Korea Le...
□ On June 16, 2014, the Ministry of Government Legislation (hereinafter referred to as MOLEG)(the Minister, Jung-boo Je), and the Ministry of Justice of Kazakhstan signed MOU for "legislative interchange and co-operation"
ㅇ This signing ceremony was followed after a summit meeting wit...
Ministry of Government Legislation Adds 11 Categories of
Information to ‘One Click, Practical Law’ Site
- Easy-to-access legal information about the economically
vulnerable classes, domestic relations, etc., along with basic
livelihood guarantee, payment of negligence fines, divorce,
remarriage, etc. -
□ The Ministry of Government Legislation (Minister Lee Seogyeon) has expanded the ‘One Click, Practical Law‘ system that provides customized legal information about areas of everyday living. Beginning on Thursday, February 26, the legal information service has been enhanced to include more categories about occupational matters and more information of interest to the economically vulnerable classes, through easy-to-understand legal explanations of payments of negligence fines, the basic livelihood guarantee, divorce, remarriage, and more.
□ The eleven newly added areas include ‘payment of negligence fines,‘ ‘basic livelihood guarantee,‘ ‘support for discharged soldiers,‘ ‘divorce,‘ ‘remarriage,‘ ‘wills,‘ ‘recognition of high-quality foods,‘ ‘multicultural families,‘ ‘driving of freight vehicles,‘ ‘unlimited partnerships (establishment and operation),‘ and ‘limited partnerships (establishment and operation)’, The newly added areas consider the current economic difficulties for the needs of the economically vulnerable classes and include divorce, remarriage, multicultural family, and other issues faced by the working class.
□ Basic livelihood guarantee
- With the number of people having the right to receive the public‘s basic livelihood guarantee exceeding 3.2% of the total population (1.55 million people as of December 2007), this section introduces, in detail, the qualifications for receiving the benefits, application procedures for benefits, housing and livelihood support, medical benefits, self-support benefits, filing an objection when the benefit right is changed, etc. It is worth noting that much of the content of interest to those seeking to determine the qualifications for receiving benefits is laid out in a question-answer format.
▪(Question) Can recipients of the basic livelihood guarantee also receive a discount for mobile phone charges?
▪(Answer) A person entitled to receive the basic livelihood guarantee can receive a reduction and/or exemption of their local inhabitant‘s tax, TV reception fee, electricity charges, renewal fee of resident registration certificate, welfare telephone service (wired and wireless phone), Internet service fee, water and sewer charges, garbage disposal fees, etc.
▪(Question) I was approved as a recipient of the basic livelihood guarantee and was receiving benefits for a while, but then the benefit payments suddenly stopped. What should I do?
▪(Answer) A benefit recipient or a person who requests a change in benefits can file an objection verbally or in writing through the corresponding guarantee agency within 60 days of being notified of a decision if he/she has an objection to a decision by the mayor, county governor or district head. If he/she is dissatisfied with the decision, he/she may request a decision from the Minister for Health, Welfare and Family Affairs.
□ Payment of negligence fines
- Deferred payments of negligence fines charged for violations of traffic laws such as illegal parking and illegal stopping have been frequent and the rate of voluntary payment has been relatively low. With the "Act on the Regulation of Public Order-Violating Acts" going into effect as of June 22, 2008, however, the voluntary payment of negligence fees can lead to reduced penalties. At the same time, default penalties of up to 77% of the original fine amount are added for delayed payment, thereby greatly increasing the burden on defaulters and requiring the public to be more scrupulous about paying fines. The section lists, in detail, the charging and collection of negligence fines, remedy procedures, etc.
※ Changes to payment of negligence fines resulting from the implementation of the "Act on the Regulation of Public Order-Violating Acts"
￭ In the past, when people defaulted on a negligence fee, they suffered no particular loss or damage. With the implementation of the "Act on the Regulation of Public Order-Violating Acts" as of June 22, 2008, however, default penalties of up to 77% of the original fine will be assessed for the delinquent payment of negligence fines. For example, if the original negligence fine was 100,000 won, the defaulter may be required to pay up to 170,000 won.
￭ Moreover, for habitual defaulters and defaulters who have accumulated a large amount of fines, up to 30 days of imprisonment may be applied in addition to default penalties, following a court ruling. Business permits may also be cancelled. As such, defaulters should pay heed.
□ Divorce and remarriage
- Legal issues related to divorce and remarriage occur frequently within the scope of family law, now that the annual number of divorces and remarriages has reached about 120,000 and 110,000 (as of 2006), respectively. For divorce, the family name and place of origin of children, parental rights and right to raise children, distribution of property, alimony, claim of expenses for raising children, etc. are explained. For remarriage, de facto divorce, change in the relationship status of a previous marriage following remarriage, the issue of double marriage, the relationship between children from a previous marriage and a spouse of a second marriage, full adoption, and other related issues are explained.
▪(Question) Is a claim for distribution of property possible for a common-law marriage?
▪(Answer) The legal precedent states that if a common-law couple jointly acquired a property and contributed to its maintenance and improvement during the common-law marriage period, the property is regarded as jointly owned by the couple and a redistribution of property may be requested when the common-law marriage is dissolved (94 Meu 1379,1386 ruling by the Supreme Court on March 10, 1995). Also, unlike alimony, the spouse responsible for the dissolution of the common-law marriage may make a request for redistribution of property (93 Seu 6 ruling by the Supreme Court on May 11, 1993).
▪(Question) Can adultery constitute a crime in a common-law marriage?
▪(Answer) Adultery constitutes a crime when a person with a spouse commits adultery with a person other than the spouse (Article 241, Paragraph 1 of the "Criminal Act"). Adultery is an offense subject to complaint, and as such, necessitates an accusation by the spouse (Article 241, Paragraph 2 of the "Criminal Act"). As the ‘spouse‘ here means a legal spouse, a common-law spouse cannot be accused of adultery even when he/she cheats on the other. However, the cheating spouse and his/her lover can be sued for damages for wrongful infringement on a common-law marriage (Articles 750 and 751 of the "Civil Act").
▪(Question) If a party does not pay alimony even when ordered to pay through a court ruling, what should be done?
▪(Answer) If the party with the obligation to pay alimony does not pay, you can request an execution order from the family court to indirectly force payment of alimony. The last resort will be compulsory execution which requests from the competent court a forced auction of property owned by the party obliged to pay alimony. The alimony will be paid from the proceeds of the auction.
▪(Question) Are divorce and remarriage indicated on the family relationship register?
▪(Answer) Among the five certificates that prove family relations, it is on the family relationship certificate and the marriage relationship certificate where a marriage relationship is recorded. The former certificate only records one‘s current spouse while the latter one records all information pertaining to marriage and remarriage. These records cannot be arbitrarily removed.
▪(Question) What is the relationship between children from a previous marriage and the spouse of a second marriage?
▪(Answer) If one remarries and fully adopts a child from the previous marriage, then kinship, support relationship, and inheritance relationship are newly created between the child and the spouse of the second marriage. However, if the child is partially adopted, the existing kinship does not disappear and the child‘s kinship, support relationship, and inheritance relationship with the previous spouse and his/her parents are maintained. If the child from the previous marriage is not adopted, no kinship, support relationship or inheritance relationship are created between the child and the new spouse of the second marriage.
▪(Question) Is it possible for a child not to know whether he/she is partially or fully adopted?
▪(Answer) When a child is fully adopted, kinship with the biological parents is completely severed and the child‘s status converts to as if he/she were born from the wedlock of the adoptive parents. As such, adoption is not revealed and the child is recorded as the adoptive parents‘ own child, not an adopted child, on the family relationship certificate. Issuance of the full adoption relationship certificate is strictly restricted, even to the adopted child.
□ In addition, the expansion includes ‘recognition of high-quality foods,‘ ‘multicultural families,‘ ‘support for discharged soldiers,‘ ‘driving of freight vehicles,‘ ‘unlimited partnerships,‘ ‘limited partnerships,‘ and other areas where conditions for obtaining necessary permits, government support, application procedures, dispute resolution methods, etc. are explained in an easy-to-understand way. The explanations include detailed legal information such as related Acts and subordinate statues, interpretive case studies, precedents, rulings by the Constitutional Court of Korea, and arbitration cases.
□ To use the ‘One Click, Practical Law‘ system, users can type the URL address http://oneclick.moleg.go.kr in an Internet navigation bar or access the site through the home page of the Ministry of Government Legislation or major Web portals.
□ In an effort to facilitate the public‘s access to information about legal issues relevant to their lives, the Ministry of Government Legislation will continue to reclassify laws, which are now organized according to ministries and offices, into categories of everyday living. This will allow the public to easily and independently find sought-after legal information using keywords, even when they do not know the names of the specific Acts and subordinate statutes of interest to them. Moreover, the Ministry intends to invest in further developing and operating the ‘One Click, Practical Law‘ system.
※61 everyday living categories in service as of Feb. 26, 2009
￭Tenants of rental housing
￭Infants and children (Upbringing)
￭Parties contracting to a franchise
￭Foreign investors- English-language service
￭Firefighting safety management
￭Married immigrants -English-language service
￭Persons wounded or killed for a righteous cause
￭Online shopping mall
￭Sale and/or purchase of real estate
￭Protection of female workers
￭Establishment and operation of a private teaching institute
￭Non-profit corporation aggregate
￭Foreign workers-English-language service
￭Men of merit who participated in a war
￭Contentious administrative cases
￭Shopping center lease
￭Employment of teenagers
￭Operators of sports facilities
￭Acquisition of farmland
￭Fostering manpower in the sciences and engineering
￭Applications, civil applications and public suggestions
￭Fishermen engaged in culture
￭Emergency public support (Welfare)
￭North Korean defectors
￭Facilities emitting air pollutants
￭ Raising animals as pets
￭Students studying abroad
￭Persons preparing for marriage
￭Environment-friendly farm products
￭Establishment and operation of facilities emitting industrial wastewater
￭Promotion of new inventions
￭Improving air quality in the Seoul metropolitan area
￭Incorporated company (Establishment․operation)
￭Management of production sites
￭Use and re-appropriation of agricultural land
￭Payment of negligence fines
￭Basic livelihood guarantee
￭Support for discharged soldiers
￭Recognition of high-quality foods
￭Transportation of freight vehicles
- End -
Ministry of Government Legislation Publishes ‘Global
Legislative Research Report‘ Containing the Important Laws
of China, U.S., Europe and Other Nations
- Introduction to corporate laws of leading world powers where
many Korean firms have made advances -
□ The Ministry of Government Legislation (Minister Lee Seogyeon) has published the ‘Global Legislative Research Report,‘ which contains Acts and subordinate statutes related to the corporate sector of major world powers including China, the United States, and EU countries, where Korean companies and individuals have been actively advancing.
□ The Ministry has examined the laws of countries around the world as part of its efforts to foster overseas advancement by Korean companies and individuals and to further develop Korea‘s legislative system. The Ministry has also made ongoing efforts to share its research through the publication of the Global Legislative Research Report, the operation of the online ‘Global Legislative Information Center‘(http://world.moleg.go.kr), and other channels.
□ The latest research report contains Acts and subordinate statues related to the corporate sector of world powers such as China, the United States, and the EU member countries, all nations where Korean companies and individuals have been rapidly advancing.
- To be specific, the report contains useful legal information for Korean companies with an overseas presence, such as the ‘status of and prospects for the enaction of China‘s Circular Economy Promotion Law,‘ ‘study of China‘s legal system regarding places of origin,‘ ‘the foreign investment restriction system among the United States‘ key industries’, and ‘the EU‘s legal system for protecting intellectual property rights.’
□ For the report, experts on international law such as law school professors, lawyers, and researchers at legal research institutes were invited to submit research papers about the latest overseas legislative activity. Among them, eight themes that each have large implications for Korean companies were selected.
□ Minister Lee said, "2008 was a year in which not only Korea but also other countries around the world experienced many political and economic changes such as the economic crisis.” He expressed the hope that publication of the report will be a great asset not only to Korean companies and individuals but also to government agencies that are responsible for implementing related policies such as those on corporate investment.
※ Attachment: One copy of "2008 Global Legislative Research Report." - End -
'Emergency Legislative Support System' Launched to
Help Overcome Economic Crisis
- Ministry of Government Legislation holds nameboard-
hanging ceremony to openGovernment Legislation
Promotion Situation Room -
□ The Ministry of Government Legislation (Minister Lee Seogyeon) held
a nameboard-hanging ceremony at 11 a.m. on Wednesday, January
14 to launch its "Government Legislation Promotion Situation Room."
The ceremony took place on the fourth floor of the Central
□ At the ceremony, Minister Lee declared the Ministry's intent to
provide legislative support during the steps leading up to enactment
of legislation including establishing a legislative plan, drawing up,
cooperation among ministries and other offices on legislation,
advance notice of legislative business, and legislative review, so that
bills intended to help overcome the economic crisis can be
presented and processed at the National Assembly during the first
half of 2009.
□ Last year, the Ministry submitted the largest number of bills (566)
in its history to the National Assembly, including 77 bills that the
government focused on implementing. However, there were limits
to the existing methods of overcoming legislative roadblocks such
as differing opinions among ministries and offices and the pace in
which bills presented to the National Assembly are processed.
- The Ministry has introduced the Government Legislation Promotion Situation Room to help overcome these limits and as part of efforts to operate a full-blown emergency legislative support system for overcoming the economic crisis and producing tangible changes that benefit the public.
□ The Government Legislation Promotion Situation Room is set up
with the Vice Minister at the helm, supported by 13 legislative
experts. It went into full operation following the
nameboard-hanging ceremony on the 14th.
- To facilitate timely approval and promotion of bills directed at overcoming the economic crisis, the government's legislative plan for 2009 will be established early, during January (For 2008, it was established on March 25). Briefing Room staff plans to carry out comprehensive management and support tasks such as real-time verification of the status of legislation; prompt mediation on contentious bills in which various ministries and offices have differences of opinion; and analysis of the causes of delay in approval of bills by the National Assembly and devising measures to limit delays.
□ Minister Lee said that although all Ministry employees need to
strive to help ensure that urgent government policies are legislated
promptly and accurately, the Briefing Room team should have an
especially strong sense of duty and passion and make exceptional
efforts to see that important bills are processed smoothly to help
overcome the economic crisis. Such efforts, he explained, include
checking the status of legislation and promptly mediating on bills
in which there are differences of opinion among ministries and
offices. - End -