When there are conflicts in statutory interpretation between administra- tive agencies or between civil petitioners and the administrative agency, the Ministry of Government Legislation raises speed and fairness in the execution of legislation through an authoritative interpretation.
Statutory interpretation is the task of understanding systematically the meaning of each statute and of clarifying the standard meaning based on its purpose of enactment. The opinion of statutory interpretation, suggested by the Ministry of Government Legislation is the final decision in the administrative department; therefore it becomes ‘government’s authoritative interpretation’. Also, the Ministry of Governme nt Legislation provides juridical advice on administrative rules(such as instructions, regulations, etc) that are important considerations for licensing, when the administrative agency requests it.
Process of Statutory Interpretation
01Request for Statutory Interpretation
02Review of Request
03Statutory Interpretation Deliberation By Deliberation Committee
(strengthening fairness and professionalism)
04Statutory Interpretation Response
Statutory Interpretation Deliberation Committee
Requests for statutory interpretation, received by the Ministry of Government Legislation are not only reviewed by the Ministry of Government Legislation, but also reviewed and deliberated by the Statutory Interpretation Deliberation Committee(President, Vice Minister of Government Legislation), composed of about 150 outside experts such as law professors or attorneys. In such a way, fairness and professionalism are strengthened.