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Chapter Law Content

Chapter I General Provisions
Section 2 Jurisdiction
Article 11
The jurisdiction of an administrative authority shall be determined according to the organic law or regulation thereof or other administrative law and/or regulations, as applicable.
Where the jurisdiction of an administrative authority has undergone change as a result of amendment to its organic law or regulation, but no corresponding amendment has been made to the relevant administrative law or regulation to specify the competent authority, the fact of such change of jurisdiction may be publicly announced either by the authority having jurisdiction previously in conjunction with the authority conferred with jurisdiction in consequence of the amendment to such organic law or regulation or by the common superior authority of both authorities.
Where an administrative authority has been dissolved or merged with another authority, the public announcement required by the preceding paragraph may be made solely by the authority conferred with jurisdiction as a result of amendment to such organic law or regulation.
The public announcement made under the two preceding paragraphs shall become effective for the purpose of transfer of jurisdiction as of the third day from the date of announcement, unless otherwise specified in such announcement, in which case the transfer of jurisdiction shall become effective as of the effective date therein specified.
No jurisdiction may be created or changed without authorization by law or regulation, as applicable.
Article 12
Where territorial jurisdiction cannot be determined pursuant to paragraph 1 of the preceding article, it shall be determined in the following manners, in the order as set forth below:
1. Jurisdiction over matters relating to real property shall be exercised by the authority at the place where the property is situated;
2. Jurisdiction over matters relating to the operation of enterprises or other businesses of continuing operation shall be exercised by the authority at the place of operation of such enterprises or the place where the business activities take place or the place where the business operation or activities ought to be carried on;
3. Jurisdiction over other matters involving a natural person shall be exercised by the authority at the place of his domicile, or the place of his residence if the person has no domicile or his domicile is not ascertainable, or the place of his last presence. Jurisdiction over matters involving a juristic person or entity shall be exercised by the authority at the place of its principal office or business address; and
4. If jurisdiction cannot be determined in pursuance of any of the three preceding subparagraphs or if there exists a state of emergency, it shall be determined according to the cause of occurrence of the event.
Article 13
Where one and the same matter falls under the jurisdiction of two or more administrative authorities pursuant to the two preceding articles, the authority taking cognizance of the matter first shall have jurisdiction. If it is not ascertainable which one of those authorities took cognizance of the matter first, jurisdiction shall be determined by an agreement between or among them. If the authorities cannot reach an agreement or if it is necessary to exercise unified jurisdiction, the jurisdiction shall be taken up by the authority designated by the common superior authority thereof. In the absence of a common superior authority, jurisdiction shall be determined by an agreement between or among the respective superior authorities of all authorities that have taken cognizance of the matter.
Where necessary, each of the authorities referred to in the preceding paragraph shall perform acts to the extent necessary for the discharge of its duties and notify other authorities accordingly.
Article 14
In the event of any controversy between or among different administrative authorities over the issue of jurisdiction, it shall be determined by the common superior authority thereof. In the absence of a common superior authority, the jurisdiction shall be determined by an agreement between or among the respective superior authorities of all authorities that have taken cognizance of the matter.
In the circumstances described in the preceding paragraph, a person may apply to the common superior authority for designating an authority to exercise the jurisdiction over the matter for which he has filed an application under law or regulation. In the absence of such a common superior authority, an application for designating a competent authority may be filed with one of the superior authorities. The authority taking cognizance of such application shall make a decision within ten days from the date of receipt of the application.
In the event where, pending a decision to be made under any of the circumstances described in the two preceding paragraphs, substantial and irreparable damage is likely to be caused to the State or any person, the authority, as a party to the controversy over jurisdiction, shall take urgent interim measures ex officio or upon application of the party to the matter and shall report to the common superior authority thereof and notify the other party to the controversy accordingly.
No objection may be raised by any person against the decision on designated jurisdiction made by an administrative authority under this article.
Article 15
An administrative authority may delegate under law one or more of its subordinate authorities to exercise a part of its powers.
An administrative authority may commission under law another administrative authority with no relationship of administrative subordination thereto to exercise a part of its powers if it is necessary to do so for the purpose of its business operation.
The matter delegated or commissioned pursuant to the two preceding paragraphs and the legal basis for such delegation or commission shall be publicly announced and published in a government gazette or newspaper.
Article 16
An administrative authority may commission under law a private entity or individual to perform a part of its duties.
The matter commissioned pursuant to the preceding paragraph and the legal basis for such commission shall be publicly announced and published in a government gazette or newspaper.
The expenses required for performance of the duties commissioned under the first paragraph hereof shall be paid by the administrative authority, unless otherwise agreed upon.
Article 17
An administrative authority shall conduct an investigation ex officio on the issue whether or not it has jurisdiction over the matter; if the authority finds that it has no jurisdiction, it shall refer the matter to the competent authority and give the party a notice thereof.
An application filed by a person within the statutory period but is referred to a competent authority under the preceding paragraph shall be deemed to have been filed with the competent authority within the statutory period.
Article 18
An administrative authority which is divested of its power to exercise jurisdiction as a result of change of law or facts shall refer the matter to the competent authority and give the party a notice thereof; provided that, the authority which had jurisdiction previously may continue to deal with the matter with the consent of the party and the competent authority.
Article 19
Administrative authorities shall provide each other with assistance within the scope of their respective powers to bring about unity in administrative functions.
In any of the following circumstances, an administrative authority may request the assistance of another authority with no relationship of administrative subordination thereto in the performance of its functions:
1. Where the authority is unable to perform its functions independently due to reasons in law;
2. Where the authority is unable to perform its functions independently due to factual reasons such as inadequacy of staff or equipment;
3. Where the authority is unable to carry on independent inquisition into the facts which must be ascertained for the performance of its functions;
4. Where the documents or other materials required for the performance of its functions are being held by the authority whose assistance is requested;
5. Where it would be desirable in terms of cost that the functions be performed by the authority whose assistance is requested; or
6. Where there are other proper reasons making it necessary to request assistance in the performance of its functions.
A request under the preceding paragraph shall be made in writing, except in a state of emergency.
In any of the following circumstances, the requested authority shall refuse to provide assistance:
1. Where the assistance requested is beyond the scope of its powers or is not legally permitted; or
2. Where the provision of assistance will result in serious interference with the performance of its own functions.
The authority requested may refuse to provide assistance if it believes that there is a good reason that it cannot give assistance.
Where the authority requested believes that it has no obligation to provide administrative assistance or there is a reason for it to refuse, it shall notify the authority requesting assistance of the reason for its refusal. In the case of opposition by the authority requesting assistance to the refusal, a decision shall be made by the common superior authority. In the absence of such a common superior authority, a decision shall be made by the superior authority of the requested authority.
The requested authority may demand that the authority requesting assistance pay all cost and expenses necessary for the administrative assistance. The amount and payment of such cost and expenses shall be determined by agreement between the authority requesting assistance and the requested authority, or by the common superior authority if no such agreement can be reached.