Who may be chosen as the chairperson of a public hearing, and what must the administrative agency look for before selecting one?
General information · Not legal advice
Material to check
For this exercise, the papers to read are the administrative agency's selection record naming the chairperson, the documents showing that person's professional knowledge or working experience in the field the hearing concerns, and any record of the qualifications required under the Presidential Decree, since each of these facts conditions the selection.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision as written: the administrative agency selects the chairperson from among people who have professional knowledge in, or working experience of, the field related to the matter of the hearing, and who also hold the qualifications that a Presidential Decree sets, so either professional knowledge or working experience of that field, together with the qualifications a Presidential Decree sets, is enough.
Another reading notes that the provision fixes who selects and on what grounds, but leaves the substance of the qualifications to a Presidential Decree not reproduced here, so the file alone cannot show whether a chosen person meets them.
Your judgment
If the record shows professional knowledge in the field but not the qualifications a Presidential Decree sets, how could a file demonstrate that the selection meets every condition?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the Presidential Decree is amended to change the required qualifications, or if this provision is amended to alter who may be selected as chairperson.