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Section 229. An Ombudsman shall hold office for a term of seven years as
from the date of appointment by the King, and shall serve for only one term.
Section 230. The Ombudsmen have the duties and powers as follows:
(1) to recommend the relevant State agencies to revise any law, rule,
regulations, rules or order or any operative procedure that causes grievance or unfairness or
imposes an unnecessary or undue burden on the people;
(2) to conduct fact-finding when it is found that there is a person affected by
grievance or unfairness arisen from non-compliance with the law or ultra vires acts of a
State agency or State officials in order to recommend the relevant State agencies to
eliminate or deter such grievance or unfairness;
(3) to submit to the Council of Ministers for acknowledgement that a State
agency has not yet correctly and completely complied with Chapter V Duties of the State.
In the case where a relevant State agency has not implemented the
recommendation of an Ombudsman under (1) or (2) without reasonable justification, the
Ombudsman shall notify the Council of the Ministers to further consider the issuance of an
order as deemed appropriate.
In proceeding under (1) or (2), if it is the case related to human rights
violation, the Ombudsmen shall refer the matter to the National Human Rights Commission
for further action.
Section 231. In the performance of duties under section 230, the
Ombudsmen may refer a matter to the Constitutional Court or the Administrative Court
upon making a finding as follows:
(1) where any provision of law begs the question of the constitutionality, the
matter shall be referred together with an opinion to the Constitutional Court; the
Constitutional Court shall consider and render a decision without delay in accordance with
the Organic Act on Procedures of the Constitutional Court;
(2) where a rule, order or any other act of a State agency or a State official
begs the question of the constitutionality or legality, the matter shall be referred to the
Administrative Court; the Administrative Court shall consider and render a decision without
delay in accordance with the law on establishment of Administrative Court and
Administrative Court procedures.
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