This is the Sunday briefing. From the legislative notices posted on the National Participation Legislation Center on Friday, October 23, I have selected three cases that directly affect those looking to take over a business, landowners in old planned city redevelopment zones, and operators of mental health medical institutions.
Today’s Key Highlights
- Amendments to 54 laws, including the Food Sanitation Act: With the transferor’s consent, a transferee can ask the authority to verify administrative penalty history before taking over a business; exemption from succession if the transferee proves they were unaware; to take effect one year after promulgation.
- Amendment to the Enforcement Rule of the Special Act on the Renovation of Old Planned Cities: Consent forms must state which other consents are deemed given and how to withdraw them; opinions accepted until Wednesday, December 2.
- Amendment to the Enforcement Rule of the Mental Health Promotion and Welfare Act: Allowing outsourced operation of ambulances for mental health medical institutions; reorganization of documents for facility admission; opinions accepted until Wednesday, December 2.
1. Requesting Verification of Administrative Penalty History Before Business Transfer, Newly Established in 54 Laws
- What is changing: The Ministry of Government Legislation has announced a legislative notice for a bill to simultaneously amend 54 laws, including the “Functional Food Act” (Ministry of Government Legislation Notice No. 2026-156). Currently, because many regulations dictate that when a business is transferred, the effects of administrative sanctions—such as business suspensions received by the previous operator—are also transferred, transferees who were unaware of the violations have suffered damages. The amendment will allow a person intending to succeed the status of a business operator to request the administrative agency to verify the history of penalties and any ongoing penalty procedures by obtaining the consent of the existing operator. Upon such a request, the administrative agency must issue documents stating the details, reasons, and ongoing procedures of the penalties. In cases where the succession period was not specified in the law, that period will be defined, and a legal basis will be established so that the effects of a penalty are not inherited if the transferee proves they were unaware of the penalty or the violation.
- Who it affects: Those intending to take over, merge with, or inherit businesses under 54 laws, including the Food Sanitation Act, Public Health Control Act, Tourism Promotion Act, Pharmaceutical Affairs Act, and Livestock Products Sanitary Control Act, as well as existing operators intending to transfer their business.
- Effective date: Opinion collection from Friday, October 23 to Wednesday, December 2; to take effect one year after promulgation (Supplementary Provision Article 1); currently in the stage prior to passing the National Assembly.
- Administrative Agent’s Note: Since this is a legislative amendment, it will take time until it is implemented. Before that, if you are taking over a restaurant, hair salon, or lodging facility, it is safer to include the transferor’s administrative penalty history and any ongoing penalties in the contract, and to inquire with the competent district office regarding violation history before filing the report for succession of status.
- Source: National Participation Legislation Center · Legislative Notice for Partial Amendment of 54 Laws for the Rationalization of Succession Procedures for Administrative Sanctions
2. Old Planned City Renovation Consent Forms to State Deemed Consents and How to Withdraw Them
- What is changing: The Ministry of Land, Infrastructure and Transport has announced a legislative notice for a partial amendment to the Enforcement Rule of the Special Act on the Renovation and Support of Old Planned Cities (Ministry of Land, Infrastructure and Transport Notice No. 2026-1334). The amended law, which took effect on August 4, includes special provisions where consent for the designation of a leading district is also recognized as consent for the formation of a resident representative group, and if one consents to the designation of a preliminary business operator, it is deemed as consent for the designation of the business operator. The amendment to the Enforcement Rule adds requirements to the consent forms for landowners (Form No. 6, 6-2, and 8) to notify them of these matters that are recognized together and the methods for withdrawing such consent.
- Who it affects: Landowners in old planned city renovation zones, resident representative groups, and preliminary business operators.
- Effective date: Opinion collection from Friday, October 23 to Wednesday, December 2; Effective date ⚠️ Original text verification required.
- Administrative Agent’s Note: Since signing one consent form may also serve as consent for other procedures, please check the matters that are recognized together and the withdrawal methods written on the consent form before signing. If you are considering a withdrawal, you must first check the deadline and the place of submission for the withdrawal.
- Source: National Participation Legislation Center · Legislative Notice for Partial Amendment of the Enforcement Rule of the Special Act on the Renovation and Support of Old Planned Cities
3. Allowing Outsourced Ambulance Operations for Mental Health Medical Institutions and Streamlining Admission Documents
- What is changing: The Ministry of Health and Welfare has issued a legislative notice for a partial amendment to the Enforcement Rule of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Health Patients (Mental Health Welfare Act). The regulation requiring mental health medical institutions to possess ambulances based on facility and equipment standards will be revised to allow for the outsourced operation of ambulances. Furthermore, the procedures for facility admission/use and the classification of facilities will be reorganized to streamline documentation requirements that acted as obstacles to admission and use, and the community rehabilitation system will be updated to reflect current realities.
- Who it affects: Founders and operators of mental health medical institutions, operators of facilities related to mental health patients, and those wishing to admit or use such facilities.
- Effective date: Opinion collection from Friday, October 23 to Wednesday, December 2; ⚠️ Specific details regarding the effective date, outsourcing conditions, and documentation requirements must be verified from the original text.
- Administrative Agent’s Note: If you are preparing to newly establish a mental health medical institution or change a facility, please check how the outsourcing conditions for ambulances in the amendment are finalized before determining the equipment items in your establishment permit or change documents. Since the current standards will continue to apply until the enforcement date, applications currently in progress must be prepared according to the current standards.
- Source: National Participation Legislation Center · Ministry of Health and Welfare Legislative Notice for the Partial Amendment to the Enforcement Rule of the Mental Health Welfare Act
Deadline for Submitting Opinions
- December 2 (Wed): Deadline for opinions on the 54-law amendment on succession of administrative sanctions, the amendment to the Enforcement Rule of the Special Act on the Renovation of Old Planned Cities, and the amendment to the Enforcement Rule of the Mental Health Welfare Act.
This briefing is a guide compiled by the Hwang Yunsang Administrative Agent (Haengjeongsa) Office based on public data. Whether these changes apply to individual cases requires verification with the competent authorities.