Reasons for Proposal
While many conflicts arise over the course of a public policy or project and the number of collective civil petitions continues to increase, the current Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission has not prepared a systematic framework to effectively mediate collective civil petitions.
In this regard, this Act aims to clearly define collective civil petitions by reflecting the characteristics of mediation as a way of resolving civil petitions, introduce the mediator who is dedicated to mediating collective civil petitions, and specify the overall system required to mediate collective civil petitions to resolve them quickly and fairly in an effort to protect the rights and interests of people.
Details
A. Define “collective civil petitions” as a civil petition on any matter that infringes on the rights of many people or causes discomfort and burden for them due to disposition by administrative agencies (including action and inaction) or administrative systems (Article 2).
B. Introduce the mediator to resolve collective civil petitions quickly, fairly, and efficiently (Article 6).
C. Require the mediator to chair a mediation meeting, conduct an investigation required to mediate collective civil petitions, prepare a mediation proposal, and perform other tasks defined in this Act as being under the authority of the mediator (Article 7).
D. Require petitioners who file for mediation in a collective civil petition to select their representative, the representative to submit a mediation application form including each of the following subparagraphs to the committee, and the administrative agency which is notified of the filed mediation to respond to such mediation unless there is a special reason to not do so (Articles 12, 13, and 15).
E. Require the committee to investigate facts about a collective civil petition before applying for mediation as a decision on the matter that is urgent and has a significant social ripple effect as prescribed by Presidential Decree and mediate the petition as defined in this Act with a decision upon agreement between the petitioners and the administrative agency if deemed necessary (Article 19).
F. Allow the committee’s decision to send to the relevant administrative agency or dismiss the filed mediation that requires a high level of political judgment, concerns national top secrets or confidential information in public duties, or is related to the National Assembly, courts, or the Constitutional Court (Article 20).
G. Allow the mediator to request documentation or feedback from the relevant administrative agency and request discontinuation of the enforcement or procedural resumption of the disposition which is found to be the cause of a collective civil petition by the committee's decision (Article 24).
H. Require what has been agreed to by the parties to be written on a mediation agreement and the parties and the mediator to sign or seal the agreement to be effective, and grant the same effect to the effective mediation as a compromise under the Civil Act (Article 26).
