Today, there were noteworthy developments in both the school violence prevention field and the foreign resident/pension area. While the laws haven’t changed yet, it’s better to be aware of the direction if you have any ongoing matters.
Today's Key Points (3 Lines) > 1. The superintendents of the 17 provinces and cities nationwide are requesting the Ministry of Education to delete Article 5, Paragraph 2 of the Act on Prevention and Countermeasures of School Violence, which states that the Act does not apply to cases of sexual violence. > 2. The Ministry of Health and Welfare launched a task force on September 16 to review the requirements for foreign residents’ delayed national pension payments and basic pension eligibility, including the domestic residency period. > 3. A ruling has been issued stating that a 45-day business suspension for 11 violations is justified. The argument that it was minor and should be settled with a surcharge was rejected.
## 1. Request to Delete Article 5, Paragraph 2 of the Act on Prevention and Countermeasures of School Violence — Sexual Violence Also to be Subject to School Violence Committee Discipline
- What’s changing? — Currently, Article 5, Paragraph 2 of the Act on Prevention and Countermeasures of School Violence stipulates that other laws apply to cases of sexual violence within school violence. Courts have ruled that it is unfair to discipline cases that are subject to criminal penalties under laws such as the Punishment of Sexual Violence Act through school violence committee measures, based on this provision. The superintendents of the 17 provinces and cities nationwide plan to submit a proposal to the Ministry of Education to amend the law by deleting this provision itself.
- To whom? — Students and guardians facing or having received measures from the school violence committee, school and education office officials.
- When? — The proposal will be submitted to the Korea Education Superintendents’ Association general meeting held in Yeosu on September 17. Because the revision of the law must go through the National Assembly, the implementation date has not yet been determined.
- Administrative Agent’s Comment — Current cases are still being litigated based on the existing provision. It’s not something to wait for just because of the proposal stage. If you have received a school violence committee measure notification, check the applicable period from the date of notification along with the content of the disposition. Administrative appeals are generally within 90 days from the date you are notified of the disposition, and if you exceed that period, you will lose the ability to challenge it even if the content is deemed valid.
- Source: [National Law Information Center · Act on Prevention and Countermeasures of School Violence, Article 5, Paragraph 2](https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%ED%95%99%EA%B5%90%ED%8F%AD%EB%A0%A5%EC%98%88%EB%B0%A9%EB%B0%8F%EB%8C%80%EC%B1%85%EC%97%90%EA%B4%80%ED%95%9C%EB%B2%95%EB%A5%A0), [Maeil Economy Report (2026.9.16.)](https://m.mk.co.kr/amp/12154093)
## 2. Foreign Resident National Pension Delayed Payments and Basic Pension Residency Requirements — Ministry of Health and Welfare Task Force Launched
- What’s changing? — As part of the second meeting of the “Task Force for Promoting Fairness and Improvement of Social Security System,” the Ministry of Health and Welfare launched the “Social Security System Fairness Inspection and Improvement Task Force” on September 16. At this meeting, discussions took place regarding improving the application of the delayed national pension system to foreign residents and introducing a domestic residency period requirement for basic pension eligibility. The task force stated that it will inspect areas where the eligibility and requirements for social insurance and social security benefits have not reflected changes such as the increasing number of foreign residents and dual nationals.
- To whom? — Foreign residents and dual nationals residing in Korea, those planning to make delayed national pension payments, and basic pension beneficiaries and those expected to be beneficiaries.
- When? — The task force will operate from September to October 2026. Specific system changes and the implementation date have not yet been announced.
- Administrative Agent’s Comment — There are no confirmed changes at this time. However, since the discussion is heading in the direction of creating new requirements, it is safer to process delayed payment plans based on the current standards if you have any plans. For those preparing for residency or permanent residency, keep in mind that pension and health insurance payment history will be used as evaluation materials, so check for any unpaid periods.
- Source: [Republic of Korea Policy Briefing · Ministry of Health and Welfare Press Release (2026.9.16.)](https://www.korea.kr/briefing/pressReleaseView.do?newsId=156781867)
## 3. 45-Day Business Suspension Ruling “Justified” — Claim of Abuse of Discretion Rejected
- What’s Changing — The Jeju District Court’s First Administrative Division rejected a petition to cancel a business suspension order issued to a tugboat company by the Jeju Maritime Police Station. The court found the 45-day business suspension order to be justified, based on 11 violations including failing to report a collision to the relevant maritime and port authority, failing to file a suspension of operations report even after suspending operations, and deficiencies in required navigational publications. The company argued that the violations were minor and that a conversion to a monetary penalty should have been considered, claiming abuse of discretion, but this argument was rejected.
- Who It Affects — All businesses operating with a license or permit, including tugboat operations.
- When It Takes Effect — This is a first instance ruling. Confirmation is needed regarding any appeals and the date of final judgment (⚠️ See original document).
- Administrative Agent’s Insight — Simply arguing that “it’s minor, convert it to a monetary penalty” will not overturn a ruling. The most effective approach in practice is to submit comments before the order is issued. Compile documentation regarding the circumstances of the violation, any corrective actions taken immediately, and measures to prevent recurrence. If you have already received a business suspension order, consider filing a petition for suspension of execution before the suspension begins; check the date on the notification.
- Source: [Jeju Ilbo · Verdict on Byeangdo Towing Business Suspension (2026.9.16.)](https://v.daum.net/v/20260916175942414)
## 4. New Procedures Established for Open-Pit Mining Permits in Green Areas — Notification of Amendments to the Mining Act Enforcement Regulations
- What’s Changing — Following amendments to the Mining Act on August 11, 2026, which restricted open-pit mining in urban areas and urban natural park districts, the law now allows for exceptions in green areas within urban districts, provided that approval is obtained from the Minister of Trade, Industry and Energy. To align with this, new articles (Article 22-2) will be added to the Enforcement Regulations outlining the application methods and procedures for permit applications, as well as the forms for the application and permit certificate (Appendix 30-2 and Appendix 30-3).
- Who It Affects — Mining rights holders, businesses planning open-pit mining in green areas, and residents and local governments near the planned mining site.
- When It Takes Effect — Public comment period runs from September 16, 2026 to October 30, 2026. The effective date will be confirmed upon promulgation.
- Administrative Agent’s Insight — The creation of permit forms means that open-pit mining without following this procedure will immediately be deemed unlawful. If the planned project site overlaps with a green area, first verify the zoning designation, and any residents or local governments with opposing views should submit comments during the notification period to allow for consideration.
- Source: [National Participatory Legislation Center · Notification of Amendments to the Mining Act Enforcement Regulations](https://opinion.lawmaking.go.kr/gcom/ogLmPp/88624)
## Deadlines to Watch This Week
- By October 26 — Deadline for submitting comments on the notification of amendments to the Enforcement Regulations of the Law Concerning Security of International Navigation Vessels and Port Facilities. This will mandate new and regular training for security screening personnel at international passenger terminals, and require that port facility CCTV systems be certified by the Korea Information and Communication Technology Association (TTA). ([Original](https://opinion.lawmaking.go.kr/gcom/ogLmPp/88636))
- By October 26 — Deadline for submitting comments on the notification of amendments to the Special Act on Support for the Relocation of Busan Port and Maritime City. This will allow local ordinances to relax the floor area ratio for apartment complexes and office buildings within marine-specialized districts up to a maximum of 120%. ([Original](https://opinion.lawmaking.go.kr/gcom/ogLmPp/88634))
- By October 30 — Deadline for submitting comments on the notification of amendments to the Mining Act Enforcement Regulations (as mentioned in item 4).
*This briefing is a guide compiled by Hwang Yun-sang Administrative Agent Office based on publicly available information. The applicability to individual cases requires verification with the relevant authority.*