ENFORCEMENT DECREE OF THE LOCAL AUTONOMY ACT
Wholly Amended by Presidential Decree No. 20306, Oct. 4, 2007
Amended by Presidential Decree No. 20741, Feb. 29, 2008
Presidential Decree No. 21075, Oct. 8, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21680, Aug. 13, 2009
Presidential Decree No. 22219, jun. 28, 2010
Presidential Decree No. 22395, Sep. 20, 2010
Presidential Decree No. 22439, Oct. 13, 2010
Presidential Decree No. 22468, Nov. 2, 2010
Presidential Decree No. 22564, Dec. 29, 2010
Presidential Decree No. 23222, Oct. 14, 2011
Presidential Decree No. 23900, jun. 29, 2012
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 24852, Nov. 20, 2013
Presidential Decree No. 24859, Nov. 20, 2013
Presidential Decree No. 25367, jun. 3, 2014
Presidential Decree No. 25441, Jul. 7, 2014
Presidential Decree No. 25621, Sep. 24, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25869, Dec. 23, 2014
Presidential Decree No. 26882, Jan. 12, 2016
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27056, Mar. 25, 2016
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28576, Jan. 9, 2018
Presidential Decree No. 29261, Oct. 30, 2018
Presidential Decree No. 29609, Mar. 12, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Local Autonomy Act as well as matters necessary for the enforcement thereof.
| Article 2 (Relevant Local Councils) |
The term "councils of the local governments concerned" prescribed in Article 4 (2) of the Local Autonomy Act (hereinafter referred to as the "Act") means the council of a relevant local government and the council of higher-level local government thereof.
| Article 3 (Transfer of Affairs by Local Governments Resulting from Changes to Jurisdiction) |
The provisions of Articles 66 through 70 shall apply mutatis mutandis to the transfer of affairs that results from the changes to, abolition, establishment, division or consolidation of the jurisdictions of local governments, non-autonomous Gus, Eups, Myeons, Dongs and Ris under Articles 4 (1) and 4-2 (1) and (2) of the Act. <Amended by Presidential Decree No. 23222, Oct. 14, 2011>
| Articles 4 and 5 Deleted. <by Presidential Decree No. 23222, Oct. 14, 2011> |
| Article 6 (Location of Office) |
The location of office of a local government under Article 6 of the Act shall be determined, based on its main office, in accordance with the following classifications: <Amended by Presidential Decree No. 26882, Jan. 22, 2016> | 1. | Special Metropolitan City, Metropolitan Cities, and Dos: Si, Gun or autonomous Gu; |
| 3. | Special Self-Governing Cities, Sis, Guns, and autonomous Gus: Eup, Myeon, or Dong. |
[This Article Wholly Amended by Presidential Decree No. 23222, Oct. 14, 2011]
| Article 7 (Criteria for Establishment of Si and Eup) |
| (1) | To become a Si under Article 7 (1) of the Act, the following requirements shall be met: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The ratio of the population residing in the relevant downturn area is required to account for at least 60 percent of the total population; |
| 2. | The ratio of households engaged in the commerce, industries, and other urban business in the relevant area is required to account for at least 60 percent of the total number of households; |
| 3. | The amount of local taxes paid per capita, population density, and population growth trends are required to exceed the criteria determined by Ordinance of the Ministry of the Interior and Safety. |
| 1. | The ratio of households engaged in the commerce, industries, or other urban business in the area is required to account for at least 45 percent of the total number of households of the Gun; |
| 2. | The fiscal self-sufficiency ratio concerned, which is calculated by the following formula, is required to be at least the average fiscal self-sufficiency ratio of Guns nationwide: {(Local tax + non-tax revenue ? local bonds) ÷ general account budget}×100 |
| 1. | The ratio of the population residing in the relevant downtown area is required to account for at least 40 percent of the total population; |
| 2. | The ratio of households engaged in the commerce, industries, or other urban businesses in the area is required to account for at least 40 percent of the total number of households. |
| Article 8 (Business Affairs by Type of Local Government) |
Examples of business affairs by type of local government under Article 10 (2) of the Act shall be as shown in attached Table 1: Provided, That the same shall not apply where other statutes and regulations stipulate otherwise.
| Article 9 (Special Cases concerning Business Affairs of Autonomous Gu) |
Examples of business affairs handled not by autonomous Gus, but by the Special Metropolitan City or Metropolitan Cities, unlike Sis/Guns under Article 2 (2) of the Act are as shown in attached Table 2: Provided, That the same shall not apply where other statutes and regulations stipulate otherwise.
| Article 10 (Special Cases concerning Business Affairs of Si with Population of at least 500,000) |
| (1) | Deleted. <by Presidential Decree No. 21075, Oct. 8, 2008> |
| (2) | Examples of business affairs of Dos which may be directly handled by Sis with a population of at least 500,000 under the proviso to Article 10 (1) 2 of the Act are as shown in attached Table 3: Provided, That the same shall not apply where other statutes and regulations stipulate otherwise. <Amended by Presidential Decree No. 21075, Oct. 8, 2008> |
| Article 10-2 (Prior Consultation about Autonomy and Decentralization) |
| (1) | Where the head of a central administrative agency intends to enact or amend statutes and regulations under his or her jurisdiction in relation to any of the following matters, he or she shall consult with the Minister of the Interior and Safety in advance (hereinafter referred to as “prior consultation about autonomy and decentralization”): |
| 1. | Matters concerning the creation, change, and abolition of affairs that affect the administration, finance, etc. of a local government; |
| 2. | Matters concerning the delegation of State affairs to a local government or the head thereof; |
| 3. | Matters concerning the State’s guidance and supervision over the affairs conducted by a local government. |
| (2) | Where the head of a central administrative agency requests prior consultation about autonomy and decentralization pursuant to paragraph (1), he or she shall prepare a written request therefor (including electronic documents; hereafter the same shall apply in this Article) with respect to the relevant legislative bill and submit it to the Minister of the Interior and Safety. |
| (3) | Upon receipt of a written request under paragraph (2), the Minister of the Interior and Safety shall examine whether the relevant legislative bill satisfies the following matters, and notify his or her opinion on the examination to the head of the relevant central administrative agency: |
| 2. | The basic principles of performance of affairs and the standards for allocation of affairs under the Act. |
| (4) | The head of a central administrative agency who is notified of an opinion on the examination under paragraph (3) shall endeavor to have the opinion reflected in the relevant legislative bill and, where it is impractical to do so, he or she shall notify the Minister of the Interior and Safety of the reasons therefor. |
| (5) | The Minister of the Interior and Safety may determine matters concerning detailed standards, methods, etc. for examination that are necessary for prior consultation about autonomy and decentralization, and notify the head of a central administrative agency thereof. In such cases, he or she shall hear opinions of the heads of related agencies where he or she prepares or changes matters concerning detailed standards, methods, etc. for examination. |
| (6) | Where necessary for examination under paragraph (3), the Minister of the Interior and Safety may hear opinions of the head of a local government or the consultative body established under Article 165 (1) of the Act, and may seek advice from an expert or request an expert to conduct research or studies. |
[This Article Newly Inserted by Presidential Decree No. 29609, Mar. 12, 2019]
| Article 11 (Publication of Total Number of Residents) |
The head of a local government shall publish the total number of residents aged 19 years or older under Article 15 (1) of the Act (hereinafter referred to as "resident aged 19 years or older") by January 10 each year. [This Article Wholly Amended by Presidential Decree No. 21680, Aug. 13, 2009]
| Article 12 (Certification of Representative of Applicants) |
| (1) | The representative of the applicants (hereinafter referred to as "Representative") who intend to request the enactment, revision, or abolition of a municipal ordinance under Article 15 (1) of the Act shall file an application in writing for the issuance of a certificate of representative to the head of the relevant local government with a written application for the enactment, revision, or abolition of the municipal ordinance (hereinafter referred to as "written application") attached thereto stating the purpose of, reasons, etc. for the application and a bill for the enactment, revision, or abolition of the municipal ordinance (hereinafter referred to as "residents' bill of municipal ordinance"). <Amended by Presidential Decree No. 23222, Oct. 14, 2011> |
| (2) | The head of a local government shall, upon receipt of an application under paragraph (1), issue a certificate of representative and publish the purpose thereof only when such representative is a resident aged 19 years or older. |
| Article 13 (Procedures for Requesting Signature) |
| (1) | The Representative may request residents aged 19 years or older to sign the roster of applicants. In such cases, the Representative shall attach thereto a written application or a copy thereof, a residents' bill of municipal ordinance or a copy thereof, and a certificate of representative or a copy thereof. <Amended by Presidential Decree No. 23222, Oct. 14, 2011> |
| (2) | The Representative may delegate the right to request signature granted under paragraph (1) to any resident aged 19 years or older, and where he or she has delegated such right, he or she shall report the name of the delegated person and the date of delegation to the head of the relevant local government. In such cases, the head of the relevant local government shall, without delay, issue a certificate of delegation report. |
| (3) | The delegated person prescribed in paragraph (2) may request residents aged 19 years or older to sign the roster of applicants. In such cases, the delegated person shall attach thereto a written application or a copy thereof, a residents' bill of municipal ordinance or a copy thereof, a certificate of representative or a copy thereof, and a certificate of report of delegation. <Amended by Presidential Decree No. 23222, Oct. 14, 2011> |
| (4) | The signature prescribed in paragraphs (1) and (3) shall be requested within six months in the case of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos and Special Self-Governing Province (hereinafter referred to as "Si/Do"), and within three months in the case of Sis/Guns/autonomous Gus, respectively, from the date of publication made under Article 12 (2): Provided, That when calculating the period for filing a request for signature, the election period prescribed in Article 33 of the Public Official Election Act shall not be included therein. <Amended by Presidential Decree No. 23222, Oct. 14, 2011> |
| Article 13-2 (Procedure for Requesting Digital Signature) |
| (1) | The Representative may request residents aged 19 years or older for certified digital signature prescribed in Article 2 (3) of the Digital Signature Act, in place of signature under Article 13 (1), via the information system prescribed by the Minister of the Interior and Safety. |
| (2) | The representative who intends to request digital signature via the information system under paragraph (1) shall file an application for using the relevant information system with the head of a local government. |
| (3) | The head of a local government, upon receiving an application under paragraph (2), shall publish the matters under each subparagraph of paragraph (4) when publishing pursuant to Article 12 (2) and post a document on the information system under paragraph (1) under the latter part of Article 13 (1). |
| (4) | The representative or the delegated person under Article 13 (2) may notify residents of the following matters: |
| 1. | The website address of the information system on which digital signature can be used; |
| 2. | How to digitally sign, including how to cancel digital signature pursuant to Article 14 (4). |
| (5) | Article 13 (4) and (5) shall apply mutatis mutandis to a request for digital signature. |
[This Article Newly Inserted by Presidential Decree No. 28576, Jan. 9, 2018]
| Article 14 (Preparation of Roster of Applicants) |
| (1) | A resident aged 19 years or older who intends to sign the roster of applicants shall enter the following matters therein and affix his or her signature or seal thereto: Provided, That where a resident aged 19 years or older digitally sign under Article 13-2 (1), he or she shall be deemed to have written on a roster of applicants in the form of a digital document the following matters: <Amended by Presidential Decree No. 21680, Aug. 13, 2009; Presidential Decree No. 26882, Jan. 12, 2016; Presidential Decree No. 28576, Jan. 9, 2018> |
| 1. | The name of the resident; |
| 3. | Address, domicile or residence; |
| (2) | Where a person who has affixed his or her signature intends to withdraw his or her signature, he or she shall withdraw it before the Representative submits the roster of applicants to the head of the relevant local government under Article 15 (1). In such cases, the Representative shall, without delay, delete the relevant signature from the roster of applicants. |
| (3) | Where a resident who digitally signed pursuant to the proviso to paragraph (1) intends to cancel the signature, the representative shall cancel it in person via the relevant information system before requesting the head of a government for using the roster of applicants. <Newly Inserted by Presidential Decree No. 28576, Jan. 9, 2018> |
| (4) | The roster of applicants in the main sentence of paragraph (1) shall be prepared for each Eup/Myeon/Dong in the case of Sis/Guns/autonomous Gus, and for each Si/Gun/autonomous Gu which are subdivided into Eups/Myeons/Dongs in the case of Cities/Dos, respectively. |
| Article 15 (Submission of Roster of Applicants) |
| (1) | When the number of residents aged 19 years or older who have signed the roster of applicants becomes equal to or greater than the number of residents prescribed in Article 15 (1) of the Act, the Representative shall submit the roster of applicants to the head of the relevant local government within ten days in the case of Cities/Dos and within five days in the case of Sis/Guns/autonomous Gus, respectively, from the date the period for filing a request for signature under Article 13 (4) has elapsed: Provided, That in the case of digital signature under Article 13-2 (1), the representative shall request the head of a government to personally use the roster of applicants generated on the information system under said paragraph. <Amended by Presidential Decree No. 28576, Jan. 9, 2018> |
| (2) | When the roster of applicants is submitted under paragraph (1), the head of a local government shall publish the name and address of the Representative, purports of and reasons for the application, number of residents with joint signature, the period and place for the perusal of the roster of applicants, methods of raising objections, etc. |
| Article 16 (Perusal of Roster of Applicants and Raising Objections) |
| (1) | The head of a local government shall keep the roster of applicants for the competent local government and each Si/Gun/autonomous Gu in the case of Cities/Dos, and the roster of applicants or copies thereof for the competent local government and each Eup/Myeon/Dong in the case of Sis/Guns/Gus, respectively, at an open place and make them available for perusal. |
| (2) | Deleted. <by Presidential Decree No. 26882, Jan. 12, 2016> |
| (3) | A written objection prescribed in Article 15 (5) of the Act shall be filed stating the grounds therefor. <Amended by Presidential Decree No. 21680, Aug. 13, 2009> |
| (4) | When a signature entered in the roster of applicants is not affixed by a person eligible for signing or when it is difficult to confirm the identity of a person who has affixed his or her signature, the head of a local government shall nullify such signature through deliberation of the Municipal Ordinances and Rules Deliberative Council under Article 28 (hereinafter referred to as the "Municipal Ordinances and Rules Deliberative Council") and notify the Representative of such fact without delay after correcting the roster of applicants. |
| (5) | The head of a local government shall, where he or she intends to examine or make a decision on an objection under Article 15 (6) of the Act, undergo deliberation by the Municipal Ordinances and Rules Deliberative Council in advance. <Amended by Presidential Decree No. 21680, Aug. 13, 2009> |
| (6) | The head of a local government may, when the number of residents aged 19 years or older who have signed the roster of applicants falls short of the number of residents prescribed in Article 15 (1) of the Act as a result of a decision made under paragraphs (4) and (5), have the Representative correct the shortage within five days in the case of Cities/Dos and within three days in the case of Sis/Guns/autonomous Gus, respectively. |
| (7) | The head of a local government shall, when a roster of applicants corrected under paragraph (6) is submitted, publish the period of and place for perusal, methods of raising objections, etc. In such cases, paragraphs (1) through (5) shall apply mutatis mutandis to the procedures of perusal of corrected roster of applicants, raising objections, etc. |
| Article 17 (Examination of Requirements for Filing Request) |
| (1) | The head of a local government shall, when he or she intends to accept or dismiss a request under Article 15 (7) of the Act, submit such request for deliberation by the Municipal Ordinances and Rules Deliberative Council in advance. <Amended by Presidential Decree No. 21680, Aug. 13, 2009> |
| Article 18 Deleted. <by Presidential Decree No. 23222, Oct. 14, 2011> |
| Article 19 (Competent Minister) |
| (1) | Where a resident aged 19 years or older of a local government requests an inspection under Article 16 (1) of the Act, if the details of such request involve at least two Ministries or departments, or the competent minister thereof is not clear, he or she may make such request to the Minister of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may, upon receipt of a request under paragraph (1), designate the competent Ministry or department to handle the request through consultation with relevant Ministries and departments, and request such Ministry and department to handle the resident's request for inspection en bloc through consultation with the relevant Ministries and departments. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 20 (Procedures for Residents' Request for Inspection) |
| (1) | The provisions of Articles 12 (1), 13 (1) through (3) and (5), 14, 15 (2), 16 (3) through (5) and (7) and 17 (1) shall apply mutatis mutandis to requests for inspection of residents aged 19 years or older (excluding matters related to cases of receiving digital signatures pursuant to Article 13-2 (1)). In such cases, "enactment, revision, or abolition of municipal ordinances" shall be construed as "inspection;" "head of a local government" as "competent Minister or Mayor/Do Governor;" and "municipal ordinances and rules deliberative council" as "inspection request deliberative council," respectively. <Amended by Presidential Decree No. 28576, Jan. 9, 2018; Presidential Decree No. 29609, Mar. 12, 2019> |
| (2) | The competent Minister or a Mayor/Do Governor shall, upon receiving an application under Article 12 (1) which applies mutatis mutandis under paragraph (1), issue a certificate of representative only when the representative is a resident aged 19 years or older. |
| (3) | The demand for the signature prescribed in Article 13 (1) and (3) which applies mutatis mutandis under paragraph (1) shall be made within six months in the case of Cities/Dos and within three months in the case of Sis/Guns/autonomous Gus, respectively, from the date the certificate under paragraph (2) is issued. In such cases, the election period prescribed in Article 33 of the Public Official Election Act shall not be included in the calculation of the period for filing a request for signature. |
| (4) | Where the number of residents aged 19 years or older who have signed the roster of applicants becomes equal to or greater than the number of residents prescribed in Article 16 of the Act, the representative shall submit the roster of applicants to the competent Minister within ten days in the case of Cities/Dos and to the Mayor/Do Governor within five days in the case of Sis/Guns/autonomous Gus, respectively, from the date the period for filing a request for signature has elapsed under paragraph (3). |
| (5) | The competent Minister and a Mayor/Do Governor shall keep the rosters of applicants and copies thereof for the relevant Ministry or department and each City/Do, Si, Gun and autonomous Gu, and the Mayor/Do Governor shall keep the rosters of applicants and copies thereof for the relevant City/Do and each Si, Gun, autonomous Gu, Eup, Myeon and Dong at an open place, respectively and make them available for perusal. |
| (6) | When the number of residents aged 19 years or older who has signed the roster of applicants falls short of the number of residents prescribed in Article 16 of the Act because of a decision made under Article 16 (4) and (5) which applies mutatis mutandis under paragraph (1), the competent Minister or a Mayor/Do Governor may have the representative thereof correct it within five days in the case of Cities/Dos and within three days in the case of Sis/Guns/autonomous Gus, respectively. |
| Article 21 (Procedures for Inspection) |
Where the competent Minister or a Mayor/Do Governor requests an inspection and necessary measures based on the results of the inspection conducted under Article 16 (3) and (6) of the Act, he or she shall comply with the conditions prescribed in the Regulations for Administrative Inspection of Local Governments. <Amended by Presidential Decree No. 22439, Oct. 13, 2010>
| Article 22 (Publication of Results of Inspection) |
When the inspection conducted under Article 16 (3) of the Act is completed, the competent Minister or a Mayor/Do Governor shall, within ten days from the date of completion of the inspection, publish a summary of the inspection process and the results of the inspection as to whether or not the business affair requested was lawfully handled. <Amended by Presidential Decree No. 29609, Mar. 12, 2019>
| Article 23 (Inter-Ministerial Cooperation) |
| (1) | The competent Minister or a Mayor/Do Governor may, if necessary to handle a residents' request for inspection, request the heads of the relevant Ministries or the heads of local governments to render cooperation, such as provision of data and support from relevant public officials. |
| (2) | The competent Minister or a Mayor/Do Governor may, where an inspection is requested of a matter which has been inspected or is under inspection by another agency, confirm with such inspection agency whether the inspection is underway, in connection with his or her handling of inspection duties prescribed in Article 16 (4) of the Act, and may, upon completion of the inspection, request necessary cooperation with respect to the results of the inspection, such as submission of data. |
| (3) | The heads of the relevant Ministries and departments, heads of local governments and inspection agencies which are requested to provide cooperation under paragraphs (1) and (2) shall comply with such request, except in extenuating circumstances. |
| Article 24 (Method of Publication) |
The publication of related matters prescribed in Article 16 (7) of the Act and Articles 11, 12 (2), 15 (2), 16 (7), and 22 of this Decree shall be made by means of posting on or publishing in official gazettes, local government's official bulletins, bulletin boards, computer networks, or daily newspapers.
The competent Minister or a Mayor/Do Governor shall, in cases falling under any of the following subparagraphs, notify the Minister of the Interior and Safety of such fact or report such fact to the Minister of the Interior and Safety: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| 2. | Cases where he or she has demanded necessary measures according to the results of an inspection and received a report on the results of such measures taken under Article 16 (6) of the Act. |
| Article 26 (Inspection Request Deliberative Council) |
| (1) | The Inspection Request Deliberative Council (hereinafter referred to as the "Deliberative Council" in this Article) shall be established under the competent Minister or Mayor/Do Governor in order to deliberate and decide on the matters provided for in paragraph (5) pertaining to requests for inspection made by local government residents aged 19 years or older. |
| (2) | The Deliberative Council shall be comprised of at least nine but not more than 13 members, including one chairperson and one vice chairperson, on condition that at least 1/2 of its members be commissioned under each item of paragraph (3) 2. |
| (3) | The chairperson and vice chairperson of the Deliberative Council shall be elected among and by members, and members shall be the following persons: |
| 1. | A public official belonging to and nominated by the competent Minister or Mayor/Do Governor; |
| 2. | Any of the following persons commissioned by the competent Minister or Mayor/Do Governor: |
| (a) | A person qualified as a judge, public prosecutor, or attorney; |
| (b) | A person qualified as a certified public accountant, engineer or architect, or licensed tax accountant; |
| (c) | A person recommended by civic organizations (referring to non-profit non-governmental organizations prescribed in Article 2 of the Assistance for Non-profit Non-Governmental Organizations Act); |
| (d) | A person working as an associate professor or in a higher position at a college or university in charge of law, accounting, civil engineering or architectural engineering; |
| (e) | Other persons who have much knowledge and experience in inspection. |
| (4) | The term of office of any member commissioned by the competent Minister or Mayor/Do Governor shall be two years. <Amended by Presidential Decree No. 23222, Oct. 14, 2011> |
| (5) | The matters to be deliberated upon and resolved by the Deliberative Council shall be as follows: |
| 1. | Examination of requirements for residents' request for inspection; |
| 2. | Verification of signatures entered on the roster of resident applicants’ request for inspection; |
| 3. | Examination of objections raised against the signatures on the roster of applicants and decision-making thereon; |
| 4. | Other matters referred to a meeting by the competent Minister or Mayors/Do Governors in connection with residents' request for an inspection. |
| (6) | A majority of the members of the Deliberative Council shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (7) | The chairperson may, if deemed necessary to effectively handle matters referred to the meeting of the Deliberative Council, have relevant public officials, the person who has requested the inspection, and other interested persons attend the meeting and state their opinions, or demand the provision of necessary data. |
| (8) | Matters necessary for the organization, operation, etc. of the Deliberative Council, other than those provided for in this Decree, shall be determined by the competent Minister if they fall under his or her authority and by municipal ordinance of the concerned City/Do if fall under the authority of the Mayor/Do Governor, respectively. |
| Article 26-2 (Dismissal of Members) |
A person who has commissioned a member may dismiss the member if he or she falls under any of the following subparagraphs:
| 1. | The member becomes unable to perform his or her duties due to mental disorder; |
| 2. | The member commits misconduct in relation to his or her duties as a member; |
| 3. | The member is deemed unfit to serve as a member due to neglect of duties, injury to dignity, or any other reason; |
| 4. | The member voluntarily expresses his or her intention that it is impracticable to perform his or her duties. |
[This Article Newly Inserted by Presidential Decree No. 28576, Jan. 9, 2018]
| Article 27 (Form of Written Requests) |
The forms of written requests and certificates of representative prescribed in Article 12, reports of delegation and certificates of report prescribed in Article 13, rosters of applicants prescribed in Article 14, written applications for raising an objection prescribed in Article 16, and the certificate of representative prescribed in Article 20 shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 27-2 (Handling of Personally Identifiable Information) |
The local government may, if unavoidable to conduct such affairs as verification of a signature entered in the roster of applicants or of the identity of a person who has affixed his or her signature pursuant to Article 16 (4) (including cases to which Article 20 (1) shall apply mutatis mutandis), handle data including resident registration numbers or alien resident registration numbers pursuant to subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. [This Article Newly Inserted by Presidential Decree No. 28576, Jan. 9, 2018]
CHAPTER II MUNICIPAL ORDINANCES AND RULES
| Article 28 (Municipal Ordinances and Rules Deliberative Council) |
| (1) | Where the head of a local government intends to enact, amend, repeal, or promulgate municipal ordinances or rules, the Municipal Ordinances and Rules Deliberative Council (hereinafter referred to as the "Deliberative Council" in this Article) shall be established under the head of the relevant local government to deliberate and decide on the enactment, amendment, repeal, or promulgation of municipal ordinances or rules. |
| (2) | The Deliberative Council shall deliberate and decide on the following matters: <Amended by Presidential Decree No. 29609, Mar. 12, 2019> |
| 1. | Bills of municipal ordinances which are submitted by the head of the local government to the local council; |
| 2. | Bills of municipal ordinances for promulgation, which are resolved by the local council: Provided, That bills of municipal ordinances for promulgation which are submitted to the local council by the head of the local government and resolved as it is originally prepared shall be excluded herefrom; |
| 3. | Where the enactment, amendment, or repeal of a municipal ordinance is requested by residents, matters concerning the verification of signatures, raising of an objection and requirements for the request; |
| 4. | Bills of rules which the head of a local government intends to enact, amend, or repeal; |
| 5. | Bills submitted to the local council, such as budget bills and bills of statement of accounts, which are deemed necessary by the head of a local government to require deliberation or decision by the Deliberative Council. |
| (3) | The head of the relevant local government shall become the chairperson of the Deliberative Council, the Vice Governor, deputy Mayor, or deputy head of a Si/Gun/Gu shall become the vice chairperson, and directors general and deputy directors general, or section chiefs and sub-section chiefs shall become its members: Provided, That in the case of deliberation or decision on the matters in paragraph (2) 3, at least five persons commissioned by the head of the competent local government, such as attorneys, professors, and representatives of civic organizations who have much knowledge and experience in local autonomy, shall be included in the members. |
| (4) | Any decision of the Deliberative Council shall require the concurring vote of a majority of those present, including the chairperson and vice-chairperson. |
| (5) | Necessary matters such as the operation of the Deliberative Council, other than those provided for in this Decree, shall be prescribed by rule of local government. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21680, Aug. 13, 2009> |
| Article 29 (Procedures for Promulgation of Municipal Ordinances and Rules) |
| (1) | The promulgation of municipal ordinances and rules shall have preambles. <Amended by Presidential Decree No. 29609, Mar. 12, 2019> |
| (2) | The intent of the enactment, amendment, or repeal of municipal ordinances and rules shall be stated in the full text of the promulgation of municipal ordinances and rules under paragraph (1), to which the head of the relevant local government must affix his or her signature and official seal and record the date. In such cases, the fact that the local council has passed the resolution shall be contained in the full text of the promulgation. |
| (3) | The fact that the council has passed the resolution shall be contained in the full text of a promulgation which the chairperson of a local council promulgates under the latter part of Article 26 (6) of the Act and the fact that it is promulgated under the latter part of Article 26 (6) of the Act shall be stated therein, to which the chairperson of the council must affix his or her signature and official seal and record the date. |
| Article 30 (Methods of Promulgating Municipal Ordinances and Rules) |
| (1) | The promulgation of municipal ordinances and rules under Article 26 of the Act shall be made by means of publication in the official gazette of local governments concerned: Provided, That where municipal ordinances and rules are promulgated by the chairperson of a local council under Article 26 (6) of the Act, it shall be published in official gazettes or daily newspapers, or posted on the bulletin board. |
| (2) | The main sentence of paragraph (1) shall apply mutatis mutandis to where a local government or its head makes public announcement or notification on the condition that the provisions of paragraph (1) above and Article 29 (1) and (2) shall apply mutatis mutandis to the public notification of budget under Article 133 (2) of the Act. |
| Article 31 (Date of Promulgation) |
The date an official gazette or newspaper publishing municipal ordinances and rules is released or municipal ordinances and rules are posted on the bulletin board shall be regarded as the date of promulgation, public announcement, or notification of the municipal ordinances and rules prescribed in Article 30.
| Article 32 (Operational Rules) |
Matters necessary for the promulgation, etc. of municipal ordinances and rules other than those provided for in the Act or this Decree shall be prescribed by municipal ordinances of relevant local governments.
CHAPTER III LOCAL COUNCILS
| Article 33 (Criteria for Payment of Expenses Related to Parliamentary Activities, Travel Expenses, and Monthly Allowances) |
| (1) | “Amount of money determined by the deliberation committee on parliamentary expenses of the relevant local government within the extent prescribed by Presidential Decree” in Article 33 (2) of the Act means the amount classified as follows: <Amended by Presidential Decree No. 29261, Oct. 30, 2018> |
| 1. | Expenses related to parliamentary activities: The amount determined by the Deliberation Committee on Parliamentary Expenses under Article 33 (3) of the Act (hereafter referred to as the “Deliberation Committee” in this Article and Article 34) after the completion of the election of local council members in the year the election is held before the expiry of terms of office of the existing members in consideration of the financial capacity, etc. of the relevant local government within the extent of payment of expenses related to parliamentary activities specified in attached Table 4; |
| 2. | Travel expenses: The amount determined by the Deliberation Committee after the completion of the election of local council members in the year the election is held before the expiry of terms of office of the existing members in consideration of the financial capacity, etc. of the relevant local government within the extent of payment of travel expenses specified in attached Table 5; |
| 3. | Monthly allowances: The amount determined by the Deliberation Committee after the completion of the election of local council members in the year the election is held before the expiry of terms of office of the existing members in overall consideration of the number of residents and financial capacity of the relevant local government, the rate of increase in remuneration for local public officials, and the results of parliamentary activities of the relevant local council, based on monthly allowances in the year the Deliberation Committee is organized. |
| (2) | Expenses related to parliamentary activities and monthly allowances prescribed in paragraph (1) shall be paid on the date the remuneration of public officials belonging to the relevant local government is paid. |
| Article 34 (Composition of Deliberation Committee on Parliamentary Expenses) |
| (1) | The Deliberation Committee shall be comprised of ten members where criteria for the payment of the expenses prescribed in each subparagraph of Article 33 (1) of the Act need to be determined, on condition that its members be commissioned by the head of a local government upon the recommendation of educational, legal and journalism circles, civic and social organizations, heads of Tongs and Ris, heads of local councils, etc. In such cases, the head of the local government shall endeavor to diversify the composition. <Amended by Presidential Decree No. 21075, Oct. 8, 2008; Presidential Decree No. 29261, Oct. 30, 2018> |
| (2) | To be eligible for membership, a person shall be at least 19 years of age, who has continued to have his or her resident registration in an area under the jurisdiction of a relevant local government for at least one year as of January 1 of the year in which the Deliberation Committee was organized: Provided, That neither a person with no right to vote under Article 18 of the Public Official Election Act, nor public officials, council members, and educational members working for the relevant local government and their spouses, lineal ascendants and descendants, and siblings shall become a member. |
| (3) | The chairperson of the Deliberation Committee shall be elected among and by members and the term of office of members shall be one year from the date they are commissioned as members. <Amended by Presidential Decree No. 21075, Oct. 8, 2008> |
| (4) | Allowances and travel expenses may be paid to members who participate in a Deliberation Committee meeting within the budget of the relevant local government. |
| (5) | The Deliberation Committee shall determine the amount to be applied until the year the election of local council members is held before the expiry of terms of office of the existing members under Article 33 (1) by not later than the last day of October of the year in which the Deliberation Committee was organized by commissioning its members, and notify the head of the relevant local government and chairperson of the local council of such amount without delay, and the amount shall start to be applied from the following year. In such cases, any decision thereon shall be made by the concurring vote of at least 2/3 of registered members present, including the chairperson. <Amended by Presidential Decree No. 21075, Oct. 8, 2008; Presidential Decree No. 25367, Jun. 3, 2014> |
| (6) | The Deliberation Committee shall, when it intends to determine the amount under paragraph (5), undergo procedures for collecting the opinions of residents through public hearings or objective and fair public opinion research organizations to secure the propriety and transparency of such determination, and reflect the results thereof: Provided, That where the determination is to increase monthly allowances within the scope of the increase rate for the year the remuneration of local public officials increases, the procedures for collecting the opinions of residents may be omitted. <Amended by Presidential Decree No. 21075, Oct. 8, 2008; Presidential Decree No. 25367, Jun. 3, 2014> |
| (7) | The Deliberation Committee may request the submission of data and explanations by relevant persons necessary to make a decision under paragraph (5) from the head of a local government or the chairperson of a local council. |
| (8) | The head of a local government shall, without delay, post the list of the Deliberation Committee, minutes of its meetings, and matters notified under the former part of paragraph (5) on the local government website, etc. <Amended by Presidential Decree No. 21075, Oct. 8, 2008> |
| (9) | Meetings of the Deliberation Committee shall be open to the public: Provided, That they may not be open to the public where at least 2/3 of members present agree. <Newly Inserted by Presidential Decree No. 21075, Oct. 8, 2008> |
| (10) | Other matters necessary for the formation and operation of the Deliberation Committee shall be prescribed by municipal ordinance of the relevant local governments. |
| Article 35 (Criteria and Procedures for Payment of Compensation for Injuries Sustained by Members of Local Council on Duty) |
| (1) | The criteria for the payment of compensation prescribed in Article 34 (2) of the Act shall be prescribed by municipal ordinance within the scope set forth in each of the following subparagraphs in consideration of the financial capacity of the relevant local government. In such cases, if a member who has been paid compensation under subparagraph 2 or 3 falls under subparagraph 1 or 2, he or she shall be paid the compensation under subparagraph 1 or 2 on condition that the amount be obtained by deducting the amount already paid under subparagraph 2 or 3: |
| 1. | Death in the course of performance of duties or death caused by an injury or illness on duty: An amount equivalent to the expenses related to parliamentary activities of a member of a City/Do council for two years; |
| 2. | Disability caused by an injury while on duty: An amount equivalent to the expenses related to parliamentary activities of a member of a City/Do council for one year; |
| 3. | Other injuries in the course of performance of duties: The total medical expenses: Provided, That such amount shall not exceed the criteria for payment prescribed in subparagraph 2. |
| (2) | For the purpose of examining whether or not an injury, death, etc. was caused while on duty, the amount of compensation, etc. as prescribed in Article 34 (1) of the Act, the Deliberative Council on Compensation to deal with the injuries, etc. sustained by the members of a local council (hereinafter referred to as the "Deliberative Council on Compensation") shall be established under the local government. |
| (3) | The Deliberative Council on Compensation prescribed in paragraph (2) shall consist of not more than five members, including the chairperson, on condition that a deputy Mayor or vice governor in the case of Cities/Dos and a deputy head of a Si, Gun or Gu in the case of Sis/Guns/autonomous Gus, respectively, shall become the chairperson and persons falling under any of the following subparagraphs, who are appointed or commissioned by the head of a local government, shall become the members: |
| 1. | One member of the relevant local council; |
| 2. | One public official belonging to the relevant local government; |
| 3. | One public official in medical service; |
| 4. | One person with knowledge and experience in social security. |
| (4) | Compensation prescribed in Article 34 of the Act shall be determined and paid by the head of a local government accordingly after receiving application from a person entitled to receive the compensation and through deliberation by the Deliberative Council on Compensation. |
| (5) | Allowances may be paid to members attending the meetings of the Deliberative Council on Compensation within the budget: Provided, That the same shall not apply to members who are public officials belonging to the relevant local government. |
| (6) | Necessary matters concerning the criteria, procedures, etc. for the payment of compensation other than those provided for in this Decree shall be prescribed by municipal ordinance of the relevant local government. |
| Article 36 (Scope of Acquisition, Installation and Disposal of Important Property and Public Facilities) |
| (2) | Notwithstanding the provisions of paragraph (1), if the acquisition and disposal of important property fall under the provisions of Article 7 (3) of the Enforcement Decree of the Public Property and Commodity Management Act, they shall not be included in the acquisition and disposal of important property. <Amended by Presidential Decree No. 25441, Jul. 7, 2014> |
| (3) | The term "installation and disposal of public facilities determined by Presidential Decree" in Article 39 (1) 7 of the Act means installing or expanding public facilities to be installed in accordance with municipal ordinances, other statutes or regulations under Article 144 of the Act, abolishing and modifying their uses, and transferring them to the State or other local governments on condition that their characters as public facilities be preserved. |
| (4) | Where the acquisition, installation, or disposal of important property or public facilities falls under both subparagraphs 6 and 7 of Article 39 (1) of the Act, if a resolution is passed at a local council meeting in accordance with any of such provisions, it shall be deemed to have been resolved by the local council under Article 39 (1) 6 and 7 of the Act. |
| (5) | Where a resolution or opinion of a local council has been made or heard under other statutes and regulations on the acquisition or disposal of important property or the installation or disposal of public facilities from among the matters subject to the resolution of a local council under Article 39 (1) 6 and 7 of the Act, the resolution of the local council under Article 39 (1) 6 and 7 of the Act shall be deemed to have been made. |
| Article 37 (Scope of Exchange and Cooperation) |
The term "exchange and cooperation" in Article 39 (1) 10 of the Act means the establishment of sisterhood relationships with foreign local governments or attracting, holding, etc. international events.
| Article 38 (Method of Requesting Submission of Documents) |
| (1) | Requests for the submission of documents prescribed in Article 40 of the Act shall be made three days before the deadline for submitting documents at the latest. |
| (2) | Except as otherwise provided for in statutes, regulations or municipal ordinances, the head of a local government who has received the request under paragraph (1) shall comply therewith. |
| Article 39 (Conducting Inspection or Investigation of Administrative Affairs) |
| (1) | The inspection of administrative affairs of a local government prescribed in Article 41 of the Act shall be conducted during the first or second regular session each year under conditions prescribed by municipal ordinance of the local government concerned. |
| (2) | In case there is a proposal to conduct an investigation of a specific matter from among the administrative affairs of a local government under Article 41 of the Act, the local council concerned shall pass a resolution on whether or not to conduct such investigation. In case there is a proposal to conduct an investigation during the closing or adjournment of the local council meetings, a request for the convention or resumption of meetings of the local council shall be deemed to have been made. |
| (3) | An inspection or investigation shall be conducted according to the inspection or investigation plan prescribed in Article 41. |
| (4) | A member of a local council may, if he or she needs clerical assistance when conducting an inspection or investigation, receive assistance from the clerical employees of the local council. |
| Article 40 (Formation of Administrative Affairs Inspection or Investigation Committee) |
Where a local council intends to inspect or investigate the administrative affairs of the relevant local government, it may do so at a plenary session or have each competent standing committee do so or organize a special committee and have such committee do so.
| Article 41 (Administrative Affairs Inspection or Investigation Plan) |
| (1) | The competent standing committee or special committee prescribed in Article 40 (hereinafter referred to as the "Inspection or Investigation Committee") shall formulate an inspection or investigation plan containing the following matters and submit such plan to a plenary session and conduct an inspection or investigation after obtaining the approval at the plenary session: |
| 1. | Formation of the Inspection or Investigation Committee; |
| 2. | Inspection or investigation schedule; |
| 3. | Guidance for inspections or investigations; |
| 4. | In the case of investigation, the purpose and scope thereof; |
| 5. | Other matters prescribed by municipal ordinance. |
| (2) | A plenary session shall review the inspection or investigation plan formulated under paragraph (1) and then approve or dismiss it through resolution. |
| (3) | The chairperson shall, when an inspection or investigation plan is approved at a plenary session, notify the head of the relevant local government thereof without delay. |
| (4) | Where a local council intends to conduct an inspection or investigation directly at a plenary session under Article 40, an inspection or investigation plan stating the matters prescribed in paragraph (1) 2 through 5 shall be formulated, on which a resolution is to be made, and the head of the relevant local government shall be notified of such plan without delay. |
| Article 42 (Organizations whose Administrative Affairs are Subject to Inspection or Investigation) |
| (1) | Organizations whose administrative affairs are subject to inspections or investigations shall be as follows: <Amended by Presidential Decree No. 22468, Nov. 2, 2010; Presidential Decree No. 25621, Sep. 24, 2014> |
| 1. | Relevant local governments; |
| 3. | Organizations related to education, science, and sports which are established under Article 121 of the Act; |
| 4. | Local public enterprises prescribed in Article 146 of the Act, which are established by the relevant local government; |
| 5. | Institutions or organizations handling administrative affairs delegated or entrusted (excluding administrative affairs delegated or entrusted to local governments) under Article 104 (2) and (3) of the Act: Provided, That it shall be limited to cases where a resolution is passed at a plenary session to the effect that it is especially necessary to conduct an inspection or investigation; |
| 6. | Corporations in which a local government invested or funded at least one-fourth of its capital, among institutions provided with investments or funds prescribed in Article 2 (1) of the Act on the Operation of Local Government-Invested or -Funded Institutions: Provided, That only the business affairs, accounting, and property related to such investment or funding by the local government shall be targeted for the inspection or investigation, if a resolution that such inspection or investigation should be conducted is passed at a plenary session. |
| (2) | Where the administrative affairs of an organization subject to inspections or investigations under paragraph (1) fall under the jurisdiction of at least two local governments, a local council shall, when inspecting or investigating it, consult with the local councils of the relevant local governments. |
| Article 43 (Method of Inspection or Investigation of Administrative Affairs) |
| (1) | The notification of on-the-spot confirmation, and the request for the submission of documents or the request for the attendance, testimony, and statement of opinions of the heads of local governments, relevant public officials, or persons related to affairs prescribed in Article 41 (4) of the Act shall be made through the chairperson three days before the date of on-the-spot confirmation, date of submission of documents, date of attendance, etc. |
| (2) | Except as otherwise provided for in statutes, regulations or municipal ordinances, related persons or agencies which have received a request under paragraph (1) shall comply with such request, and render cooperation with inspections or investigations. |
| (3) | Where the head of a local government, the relevant public official or a person related to the affairs who has received a request under paragraph (1) has good cause not to comply with such request, he or she shall submit a written statement giving the reason therefor to the chairperson one day before the date of attendance, testimony, statement of opinion, etc. |
| (4) | Administrative fines prescribed in Article 41 (5) of the Act shall be imposed by the head of a local government in accordance with notification, etc. made by the chairperson of the local council, on condition that the criteria for the imposition of administrative fines be prescribed by municipal ordinance of the relevant local government. |
| (5) | When the chairperson of a local council or the chairperson of a committee requests a witness to give testimony, he or she shall ask the witness to take an oath, and before the witness takes an oath, the chairperson of the local council or the chairperson of the committee shall inform the witness of the purpose of the oath and the possibility that he or she may be indicted if he or she commits perjury. |
| (6) | The provisions of Article 8 of the Act on Testimony and Appraisal before the National Assembly shall apply mutatis mutandis to the method of witness' taking an oath. |
| Article 44 (Witness Protection and Compensation for Actual Expenses) |
| (1) | When a witness or a person for reference who gives testimony or makes a statement before a local council meeting expresses his or her intention that he or she will not comply with the request for broadcasting, reporting, etc. or demands a closed-door meeting because there is a compelling reason not to do so, broadcasting or reporting may be prohibited or all or part of a meeting may not be disclosed following resolution passed at a plenary session or by a committee. |
| (2) | When a witness or a person for reference who gave testimony or made a statement before a local council meeting demands a copy thereof, such copy may be delivered upon the approval of the chairperson. |
| (3) | Actual expenses, such as travel expenses shall, under conditions prescribed by municipal ordinance of the relevant local government, be paid to persons who have appeared before a local council or other places to submit documents, give testimony, or make a statement under Article 41 (4) of the Act. |
| Article 45 (Limitations of Inspection or Investigation of Administrative Affairs) |
No inspection or investigation shall infringe upon the privacy of individuals nor be conducted for the purpose of interfering with any pending trial or prosecution of a case under investigation.
| Article 46 (Exclusion and Refrainment) |
| (1) | Where a member of a local council has a direct interest or there is any substantial reason preventing him or her from seeking fairness, no such member shall be allowed to participate in the inspection or investigation of such matter. |
| (2) | When a plenary session, or the Inspection or Investigation Committee deems that there is any reason set forth in paragraph (1), it shall suspend inspections or investigations by the relevant member of a local council following resolution and have other members conduct such inspections or investigations. |
| (3) | When the relevant member of a local council has an objection against a measure taken under paragraph (2), he or she shall comply with the resolutions adopted at a plenary session. |
| (4) | A member of a local council, due to the reason prescribed in paragraph (1), may refrain from conducting inspections or investigations after obtaining the limited permission at a plenary session, or from the Inspection or Investigation Committee regarding such matter. |
| Article 47 (Duty of Care) |
| (1) | Where any member of a local council intends to conduct an inspection or investigation, he or she shall exercise due care to ensure that the functions and activities of the agency subject to the inspection or investigation are not significantly impeded or that its confidential information is not disclosed. |
| (2) | No members of local councils and clerical employees shall divulge confidential information that they have become aware of in the course of conducting inspections or investigations, without any good cause. |
| Article 48 (Principle of Opening) |
Inspections or investigations shall be open to the public: Provided, That they may not be open to the public according to the resolution passed at a plenary session, or the Inspection or Investigation Committee.
| Article 49 (Method of Conducting Inspection of Affairs of the State and Cities/Dos) |
| (2) | When the National Assembly or a City/Do council demands necessary data from a local council which has conducted an inspection under the latter part of Article 41 (3) of the Act, such local council shall comply with such demand. |
| Article 50 (Report on Results of Inspection or Investigation of Administrative Affairs) |
| (1) | When the Inspection or Investigation Committee completes an inspection or investigation, the chairperson of such committee shall submit a report on the inspection or investigation to the chairperson of the local council without delay and report such fact to a plenary session. |
| (2) | The chairperson of a local council may have the chairperson of the committee file an interim report on inspections or investigations. |
| Article 51 Deleted. <by Presidential Decree No. 23222, Oct. 14, 2011> |
| Article 52 (Operational Rules) |
Matters necessary for inspections or investigations, other than those provided for in the Act and this Decree, shall be prescribed by municipal ordinance of the relevant local government.
| Article 53 (Notice of Vicarious Attendance and Defense) |
When the head of a local government intends to have relevant public officials attend meetings of the local council or its committee and answer questions under the proviso to Article 42 (2) of the Act, he or she shall inform the chairperson of the local council or the chairperson of the committee of such fact in writing, stating the reason therefor before the commencement of a plenary session or meeting of the committee.
| Article 54 (Date of Assembly of Regular Session) |
| (1) | The first regular session, from among regular sessions prescribed in Article 44 of the Act, shall be held in May or June, and the second regular session in November or December each year: Provided, That the first regular session of the year in which a general election is held may be convened in September or October. <Amended by Presidential Decree No. 26882, Jan. 12, 2016> |
| (2) | Bills to be handled during regular sessions under paragraph (1) shall be as follows: |
| 1. | A bill to grant approval for the settlement of accounts prescribed in Article 134 of the Act and other bills referred to the meetings of local councils during the first regular session; |
| 2. | Resolution on the budget prescribed in Article 127 of the Act and other bills referred to the meetings of local councils during the second regular session. |
| (3) | The date of assembly and term of regular sessions and other necessary matters concerning the operation of regular sessions, other than those provided for in the Act and this Decree, shall be prescribed by municipal ordinance of the relevant local government. |
| Article 55 (Notification of Resolution of Non-Confidence) |
Where a resolution of non-confidence against the chairperson or vice-chairperson of a local council is adopted under Article 55 of the Act, the local council shall notify the head of the relevant local government of the details thereof without delay, and the head of the local government who has received such notice shall report, without delay, the details thereof to the Minister of the Interior and Safety in the case of Cities/Dos and to the Mayor/Do Governor in the case of Sis/Guns/autonomous Gus, respectively. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 56 (Establishment of Special Committee) |
| (1) | A special committee may be established by the resolution passed at a plenary session where an inspection, etc. needs to be conducted concerning matters falling under the jurisdiction of several standing committees or special matters. |
| (2) | When a special committee is to be established under paragraph (1), the period of its operation shall be determined. In such cases, such period of operation may be extended by the resolution passed at a plenary session. |
| (3) | A special committee shall submit a report on the results of its operation to a plenary session before the period of its operation ends. |
| Article 57 (Preparation and Report of Minutes of Local Council) |
| (1) | A local council shall record and keep the details of its meetings using a stenographer or tape recorder. |
| (2) | The chairperson of a local council shall give notice prescribed in Article 72 (3) of the Act within 30 days from the date a meeting ends, and the head of the local government who has received such notice shall, if requested by the Minister of the Interior and Safety or Mayor/Do Governor, report the meeting within five days, attaching thereto a copy of minutes of the meeting. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Necessary matters concerning minutes other than those provided for in the Act and this Decree shall be prescribed by rules of meetings. |
| Article 58 (Attachment of Statement of Opinion of Petition-Introducing Member) |
A written petition which is submitted to a local council under Article 73 of the Act shall be accompanied by a statement of opinion of the member of the local council who introduces such petition.
| Article 59 (Request for Supplementation of Petition) |
Where a petition submitted to a local council fails to meet its requirements, the chairperson of the local council may request supplementation thereof within a fixed period of time.
| Article 60 (Operational Rules) |
Matters necessary for filing petitions other than those provided for in the Act and this Decree shall be prescribed by rules of the council.
| Article 61 (Resignation of Members of Local Councils) |
| (1) | When a member of a local council intends to resign, he or she shall submit to the chairperson of the local council, a letter of resignation to which he or she himself or herself has affixed his or her signature or seal. |
| (2) | A local council shall put the issue as to whether or not to permit the resignation prescribed in Article 77 of the Act to a vote without discussion. |
| Article 62 (Examination of Qualifications of Members of Local Councils) |
| (1) | The chairperson of a local council who has received a written request to examine the qualifications of a member of the local council under Article 79 of the Act shall forward a copy of such written request to the member to be examined and have him or her submit a written answer within a fixed period of time, and may, if such member fails to submit a written answer within such period of time without any good cause, examine the qualifications of such member based only on the written request. |
| (2) | A local council may, if necessary, have a member requesting examination and a member to be examined attend a meeting and ask them questions. |
| (3) | A member to be examined may have another member of the local council attend a meeting and speak for him or her. |
| Article 63 (Concurrent Holding of Offices by Clerical Employees) |
Public officials belonging to the executive agency of a local government may serve concurrently as the secretary general, director general, director, or employees assigned to the local council under Article 90 of the Act.
| Article 63-2 (Scope of Public Officials in General Service, to whom Head of Local Government Delegates Authority to Appoint) |
The term “public officials in general service prescribed by Presidential Decree” means public officials referred to in attached Table 7-2.
[This Article Newly Inserted by Presidential Decree No. 24859, Nov. 20, 2013]
CHAPTER IV EXECUTIVE ORGANIZATIONS
| Article 64 (Oath by Head of Local Government) |
The head of each local government shall take the following oath at his or her inauguration:
"I do solemnly swear that I will observe statutes and regulations and faithfully perform my duties as Mayor/Do Governor (the head of a Si/Gun/Gu) to promote the welfare of residents and community development and to materialize national policies."
| Article 65 (Report on Resignation Notice by Head of Local Government) |
| (1) | Notice of resignation shall be given by the head of a local government under Article 98 of the Act no later than ten days prior to the date of resignation: Provided, That the same shall not apply where there is any unavoidable cause. |
| (2) | When the head of a local government has given notice of resignation under paragraph (1), it shall be reported immediately to the Minister of the Interior and Safety in the case of Cities/Dos and to the Mayor/Do Governor in the case of Sis/Guns/autonomous Gus, respectively. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 66 (Transfer of Duties) |
| (1) | The transfer of duties prescribed in Article 106 of the Act shall take place on the date the term of office of the new head of a local government commences where resignation occurs as a result of the termination of the term of office, and on the date the head of a local government resigns where he or she resigns during his or her term of office, and all the affairs under his or her control shall be transferred to the new head of the local government or a person who vicariously executes the duties or authority thereof. |
| (2) | Where a person who is to vicariously execute duties or authority takes over affairs under paragraph (1), such person shall transfer the affairs to the new head of a local government without delay when the new head of the local government becomes capable of taking over the affairs. |
| Article 67 (Written Statement of Transfer of Duties) |
The transfer of duties prescribed in Article 66 shall be made by preparing a written statement of transfer of duties in which the following matters are contained and to which the transferor, transferee, and witness affix their signatures and seals: | 1. | A list of documents and books; |
| 2. | A list of property, such as co-owned property, commodities, claims and debts; |
| 3. | A tabulation of current revenues and expenditures in budget and accounting, and a certificate of balance; |
| 4. | Important projects being planned or are already underway; |
| Article 68 (Presence of Witness at Time of Transfer of Duties) |
| (1) | Relevant affairs shall be transferred in the presence of a witness, and the witness shall affix a seal to a written statement of transfer of duties upon the completion of transfer, confirming whether there are any defects in the written statement of transfer of duties. |
| (2) | Transfer of duties shall be made in the presence of a vice governor, or deputy head of a Si/Gun/Gu: Provided, That in cases falling under any of the following subparagraphs, a person prescribed by municipal rules of the relevant local government shall be present: |
| 1. | Where a vice governor, or the deputy head of a Si/Gun/Gu is unable to be present due to such causes as vacancy; |
| 2. | Where the person who vicariously executes duties or authority under Article 66 takes over duties; |
| 3. | Where the person who vicariously executes duties or authority under Article 66 (2) transfers affairs to the new head of a local government. |
| Article 69 (Omission of Documents Needed for Transfer of Duties) |
Matters falling under each subparagraph of Article 67, the status of which can be confirmed by means of lists or ledgers kept at the time of transfer of duties may substitute corresponding parts in a written statement of transfer of duties. In such cases, the intent thereof shall be entered in the written statement of transfer of duties.
| Article 70 (Operational Rules) |
Necessary matters concerning the transfer of duties by the heads of local governments, other than those provided for in the Act and this Decree, shall be prescribed by municipal rules of the relevant local government.
| Article 71 (Reconsideration by Local Councils and Procedures therefor) |
| (1) | Requests for reconsideration prescribed in Article 26 of the Act and Article 107 or 108 of the Act may be made even when a local council is closed, and a local council which has received a request for reconsideration shall refer it to reconsideration within ten days from the date such written request for reconsideration arrives, unless there exists any unavoidable cause preventing such referral. In such cases, the period of time during which the local council is closed or in recess shall not be included. |
| (2) | No head of any local government shall be allowed to request reconsideration of part of a resolution passed by the local council or by modifying such resolution. |
| Article 72 (Emergency Actions) |
| (1) | The term "matters which are urgently needed to protect the lives and property of residents" prescribed in Article 109 (1) of the Act means those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 22564, Dec. 29, 2010> |
| 1. | Restoration and rescue from damage caused by a natural disaster or large fire; |
| 2. | Key military support for security; |
| 3. | Preventive measures against acute infectious diseases; |
| 4. | Other matters likely to cause serious damage to the lives and property of residents if urgent action is not taken. |
| (2) | When the head of a local government has taken urgent action, he or she shall report it to the Minister of the Interior and Safety in the case of Cities/Dos and to the Mayor/Do Governor in the case of Sis/Guns/autonomous Gus, respectively. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21680, Aug. 13, 2009; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 73 (Number, and Classes of Positions, of Deputy Mayors/Vice Governors) |
| (1) | The number of deputy Mayors of the Special Metropolitan City shall be three, and the number of deputy Mayors of each Metropolitan City/Special Self-Governing City and Vice Governors of each Do and the Special Self-Governing Province shall be two (three in a Metropolitan City and Do with a population of at least 8,000,000), respectively, under Article 110 (1) of the Act. <Amended by Presidential Decree No. 23900, Jun. 29, 2012> |
| (2) | A deputy Mayor and Vice Governor who are State public officials under Article 110 (2) of the Act (hereinafter referred to as "administrative deputy Mayor" or "administrative Vice Governor") shall be appointed as State public officials in political service in the case of the Special Metropolitan City, and public officials in general service belonging to the Senior Executive Service under Article 2-2 of the State Public Officials Act in the case of Metropolitan Cities, Special Self-Governing Cities, Dos, and the Special Self-Governing Province, respectively, on condition that their class of duties (referring to such class of duties assigned by the Minister of the Interior and Safety under Article 23 of the State Public Officials Act) be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 23900, Jun. 29, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | A deputy Mayor/Vice Governor who are local public officials under the proviso to Article 110 (2) of the Act (hereinafter referred to as "political deputy Mayor" or "political Vice Governor") shall be appointed as local public officials in political service in the case of the Special Metropolitan City and local public officials or local officers whose grade is equal to those in Grade I extraordinary civil service in the case of Metropolitan Cities, Special Self-Governing Cities, Dos, and the Special Self-Governing Province, respectively. <Amended by Presidential Decree No. 21680, Aug. 13, 2009; Presidential Decree No. 23900, Jun. 29, 2012> |
| (4) | An administrative deputy Mayor/administrative Vice Governor shall administer the overall affairs of a City/Do and supervise public officials under his or her control, and a political deputy Mayor/political Vice Governor shall assist the competent Mayor/Do Governor, participate in the formulation of policies and planning, and conduct other political affairs: Provided, That the political deputy Mayor/political Vice Governor of a City/Do may handle some duties of the administrative deputy Mayor/administrative Vice Governor as prescribed by municipal ordinance of the relevant City/Do. <Amended by Presidential Decree No. 21680, Aug. 13, 2009; Presidential Decree No. 23900, Jun. 29, 2012; Presidential Decree No. 25367, Jun. 3, 2014> |
| (5) | In accordance with the proviso to paragraph (4), the municipal ordinance of a City/Do shall prescribe the title of the political deputy Mayor/political Vice Governor who handles some duties of the administrative deputy Mayor/administrative Vice Governor. <Newly Inserted by Presidential Decree No. 21680, Aug. 13, 2009> |
| (6) | In the case of Cities/Dos with two administrative deputy Mayors/administrative Vice Governors, they shall be divided into one administrative deputy Mayor 1, one administrative Vice Governor 1, one administrative deputy Mayor 2, and one administrative Vice Governor 2, and the division of duties among them shall be done in accordance with attached Table 8. <Amended by Presidential Decree No. 21075, Oct. 8, 2008; Presidential Decree No. 21680, Aug. 13, 2009> |
| (7) | The class of the deputy head of a Si/Gun/autonomous Gu shall comply with the following criteria: <Amended by Presidential Decree No. 21680, Aug. 13, 2009; Presidential Decree No. 25869, Dec. 23, 2014> |
| 1. | Sis, Guns, and autonomous Gus in Metropolitan Cities with a population of less than 100,000: Local administrative officer; |
| 2. | Autonomous Gus in the Special Metropolitan City with a population of less than 500,000, and Sis, Guns, and autonomous Gus in Metropolitan Cities with a population of at least 100,000 but less than 500,000: Local deputy commissioner; |
| 3. | Sis, Guns, and autonomous Gus with a population of at least 500,000: Local commissioner. |
| (8) | In applying paragraph (7), the population shall be determined based on the number of residents having their resident registration in the relevant Si/Gun/autonomous Gu. The adjustment of classes according to fluctuations in the total population, etc. shall be made in accordance with the following criteria: <Amended by Presidential Decree No. 21680, Aug. 13, 2009> |
| 1. | Where a population at the end of each year exceeds the population standards corresponding to the class of the deputy head of the relevant Si/Gun/autonomous Gu for two consecutive years, such class shall be adjusted upward on July 1 of the following year; |
| 2. | Where a population figure obtained by calculating the arithmetic mean of the populations at the end of each quarter of the preceding year falls short of the population standards corresponding to the class of the deputy head of the relevant Si/Gun/autonomous Gu for two consecutive years, such class shall be adjusted downward on July 1 of the following year; |
| 3. | Where a Si/Gun/autonomous Gu is newly established, the class of the deputy head of such Si/Gun/autonomous Gu shall be determined based on the current population as of the date of establishment of such Si/Gun/autonomous Gu. |
| Article 74 (Vicarious Exercise of Authority and Performance of Duties by Proxy) |
| (1) | A Vice Governor, and deputy head of a Si/Gun/Gu (hereafter referred to as "deputy head of a local government" in this Article) who vicariously exercises the authority of the head of a local government under Article 111 (1) and (2) of the Act shall handle the affairs that fall under the authority of the head of the local government, as prescribed by statutes, regulations, municipal ordinances or rules of the local government. |
| (2) | Where any reason referred to in Article 111 (3) of the Act has arisen, the head of a local government shall, in advance, determine the scope of duties and a period of time in which a deputy head of the local government acts for him or her in writing. |
| (3) | A deputy head of a local government who performs the duties of the head of the local government by proxy under Article 111 (3) of the Act shall handle the affairs delegated or directed by the head of the local government in writing in advance under paragraph (2): Provided, That where there is an urgent need to protect and advance the public interest, he or she may handle affairs that fall under the authority of the head of the local government, other than those delegated or directed to him or her. |
| (4) | Where a deputy head of a local government vicariously exercises or not exercises the authority of the head of the local government under Article 111 (1) and (2) of the Act, he or she shall notify the local council of that immediately, and report that immediately to the Minister of the Interior and Safety in the case of Cities/Dos and to the Mayor/Do Governor in the case of Sis/Guns/autonomous Gus, respectively. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (5) | As prescribed in Article 110 (1) 1 and 2 of the Act, in the case of Cities/Dos with three deputy Mayors/Vice Governors, the priority to vicariously exercise the authority of a Mayor/Do Governor or to perform the duties of a Mayor/Do Governor by proxy shall be given in the order, administrative deputy Mayor 1, administrative Vice Governor 1, administrative deputy Mayor 2, administrative Vice Governor 2, political deputy Mayor and political Vice Governor, and in the case of Cities/Dos with two deputy Mayors/Vice Governors, the priority to vicariously exercise the authority of a Mayor/Do Governor or to perform the duties of a Mayor/Do Governor by proxy shall be given in the order, administrative deputy Mayor, administrative Vice Governor, political deputy Mayor and political Vice Governor, respectively. <Amended by Presidential Decree No. 22468, Nov. 2, 2010> |
| Article 75 (Establishment of Subordinate Organizations) |
A local government may, where it is more efficient for a specialized institution to perform its duties due to their nature, establish a subordinate organization under its direct control by municipal ordinance under Article 113 of the Act.
| Article 76 (Establishment of Universities and Junior Colleges) |
Where a local government intends to establish a university, junior college, etc. from among the subordinate organizations under its direct control under Article 75, it shall meet the following requirements: | 1. | The local government is required to have the financial capacity to support the establishment and operation of a university, junior college, etc.; |
| 2. | The area is required to see demand for industrial human resources and necessity for a university, junior college, etc. to supply such human resources; |
| 3. | It is required to contribute to balanced development between regions; |
| 4. | The mid-and long-term development plan, curricula, and the maximum number of students allowed entry to a university, junior college, etc. are required to be appropriate; |
| 5. | The community is required to provide active support for the establishment of a university, junior college, etc. |
| Article 77 (Establishment of Offices) |
Where a local government meets the following requirements, it may establish an office under Article 114 of the Act: Provided, That where it is intended to move forward with a project which comes to an end after a specific period of time, it may establish an office for a limited period of time: | 1. | The work shall be more efficient if it is carried out by a separate institution due to its nature, workload, etc.; |
| 2. | The work shall be more efficient if it is pushed forward at the site in light of the location of the business place. |
| Article 78 (Establishment of Branch Offices) |
| (1) | Where a local government meets the following requirements, it may establish a branch office under Article 115 of the Act: |
| 1. | Its affairs are required to be divided for the convenience of residents in remote areas; |
| 2. | The work is required to be comprehensive and continuous; |
| 3. | The scope of areas under its jurisdiction is required to be clear. |
| (2) | Notwithstanding paragraph (1), in cases falling under any of the following subparagraphs, no branch office shall be established: <Amended by Presidential Decree No. 23222, Oct. 14, 2011> |
| 1. | In the case of Sis (excluding Sis in the urban and rural complex form under Article 7 (2) of the Act) in which Gus which are not autonomous Gus are established; |
| Article 79 (Establishment of Collegiate Administrative Organizations) |
Any of the following local governments may establish a collegiate administrative organization under Article 116 of the Act: | 1. | Where highly specialized knowledge or technology is required; |
| 2. | Where neutral and fair execution is needed; |
| 3. | Where reflection of residents' intentions and coordination of different interests are needed. |
| Article 80 (Requirements for Establishment of Advisory Organizations) |
| (1) | When a local government establishes an advisory organization such as a deliberative council, committee, etc. pursuant to Article 116-2 (1) of the Act (hereinafter referred to as "advisory organization"), it shall satisfy any of the following requirements: |
| 1. | The local government needs to make a decision after hearing opinions of a person having professional knowledge or experience, due to the characteristics of the affairs; |
| 2. | The local government needs to handle the affairs through an especially deliberate procedure due to the nature of the affairs, such as coordination of various interests. |
| (2) | A local government shall not establish and operate an advisory organization, whose matters subject to deliberation is similar to or overlapping with those of other advisory organizations established under the jurisdiction of the local government. |
[This Article Wholly Amended by Presidential Decree No. 21680, Aug. 13, 2009]
| Article 80-2 (Composition of Advisory Organizations) |
| (1) | An advisory organization shall be comprised of members necessary for achieving the objectives of the establishment in an efficient manner. |
| (2) | The members of an advisory organization shall be non-standing members, and the term of a member who is not a public official shall not exceed three years. |
[This Article Newly Inserted by Presidential Decree No. 21680, Aug. 13, 2009]
| Article 80-3 (Period of Existence of Advisory Organizations) |
| (1) | When a local government establishes an advisory organization, the local government shall prescribe a period of existence of the advisory organization in the municipal ordinance of the local government if no specific reason exists to continuously maintain the advisory organization. |
| (2) | The period of existence prescribed in paragraph (1) shall be the minimum period necessary to achieve the objectives of the advisory organization and shall not exceed five years. |
[This Article Newly Inserted by Presidential Decree No. 21680, Aug. 13, 2009]
| Article 81 (Appointment of Heads of Ris) |
| (1) | The head of a Ri shall be assigned to an administrative Ri of an Eup/Myeon under Article 4-2 (4) of the Act. <Amended by Presidential Decree No. 22468, Nov. 2, 2010> |
| (2) | A person highly respected by residents shall be appointed as the head of a Ri under paragraph (1) by the head of an Eup/Myeon, as prescribed by municipal rules of the relevant local government. |
| (3) | Where the head of an Eup/Myeon has appointed a person as the head of a Ri under paragraph (2), he or she shall report such fact to the head of the relevant Si/Gun. |
CHAPTER V FINANCIAL AFFAIRS
| Article 82 (Approval of Settlement of Accounts) |
The settlement of the accounts of a local council under Article 134 of the Act shall be approved before the end of the first regular session.
| Article 83 (Appointment of Inspectors) |
| (1) | The number of inspectors determined under Article 134 of the Act shall be at least five but not more than ten in the case of Cities/Dos and at least three but not more than five in the case of Sis/Guns/autonomous Gus, respectively, on condition that matters concerning the number, method of selection, operation of inspectors, and compensation for actual expenses incurred thereby be determined by municipal ordinance of the relevant local government. |
| (2) | Inspectors prescribed in paragraph (1) shall be appointed from among persons having professional knowledge and experience in the management of financial affairs, such as members of the relevant local council, certified public accountants, and certified tax accountants. In such cases, the number of members of a local council shall not exceed 1/3 of the number of inspectors. |
| (3) | No full-time employee of a local government shall become an inspector. |
| Article 84 (Matters subject to Inspection when Settling Accounts) |
| (1) | Matters to be inspected by an inspector when settling accounts shall be as follows: <Amended by Presidential Decree No. 26882, Jan. 12, 2016> |
| 1. | Summary of settlement; |
| 2. | Settlement of revenues and expenditures; |
| 5. | Documents attached to written settlement of accounts; |
| 6. | Settlement of depositories. |
| (2) | An inspector may request data necessary for inspections from the heads of local governments and depositories, and the heads of local governments and depositories which are requested to provide materials shall comply with such request, unless there is a compelling reason not to do so. |
| (3) | An inspector shall submit a written opinion on the inspection to the head of the relevant local government within ten days from the date the inspection of the settlement of accounts has been completed, and the local council may, if deemed necessary for deliberations on the settlement of accounts, have the inspector attend a meeting and state his or her opinion. |
| (4) | Any other necessary matters concerning detailed criteria and procedures of inspection when settling accounts than those provided for in paragraphs (1) through (3) shall be prescribed by the Minister of the Interior and Safety. <Newly Inserted by Presidential Decree No. 26882, Jan. 12, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
CHAPTER VI RELATIONSHIPS BETWEEN LOCAL GOVERNMENTS
| Article 85 (Procedures for Applying for Dispute Mediation and Ex Officio Mediation) |
| (1) | Applications for dispute mediation prescribed in Article 148 (1) of the Act shall be filed to the Minister of the Interior and Safety or to a Mayor/Do Governor in writing by either or both parties to the dispute. In such cases, when one party to a dispute files an application for dispute mediation, the Minister of the Interior and Safety or the Mayor/Do Governor shall notify the other party thereof. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety or a Mayor/Do Governor shall, upon receiving an application for dispute mediation under paragraph (1), refer it either to the local government’s central dispute mediation committee or to the local government’s local dispute mediation committee (hereafter referred to as the "Dispute Mediation Committee" in this Article) without delay. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Where the Minister of the Interior and Safety or a Mayor/Do Governor mediates a dispute under the proviso to Article 148 (1) of the Act, he or she shall resolve the dispute through consultation, over a fixed period set forth in writing in advance or recommend that the parties to a dispute file an application for dispute mediation, and where the dispute fails to be resolved within the set period or no application for dispute mediation is filed, it may be referred to the Dispute Mediation Committee under paragraph (2). <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | When the Dispute Mediation Committee completes its deliberations and resolution on the dispute referred to under paragraphs (2) and (3), the committee shall, without delay, notify the Minister of the Interior and Safety or Mayor/Do Governor of details of the resolution. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 86 (Reporting on Implementation Plans) |
The head of a local government who has received a notice of decision on mediation from the Minister of the Interior and Safety or a Mayor/Do Governor under Article 148 (5) of the Act, shall prepare a plan for the implementation thereof within 30 days from the date he or she receives such notice and report such plan to the Minister of the Interior and Safety or Mayor/Do Governor. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 87 (Duties of Chairperson and Meetings of Central Dispute Mediation Committee) |
| (1) | The chairperson of the local government’s Central Dispute Mediation Committee (hereinafter referred to as the "Central Dispute Mediation Committee") shall represent the committee and exercise overall control over the affairs of the committee. |
| (2) | The chairperson of the Central Dispute Mediation Committee shall convene the meetings of the committee and preside over such meetings. |
| (3) | When the chairperson of the Central Dispute Mediation Committee is unable to perform his or her duties due to any unavoidable reason, a member designated by the chairperson in advance shall act for the chairperson. |
| Article 88 (Ex Officio Members of Central Dispute Mediation Committee) |
The Vice Minister of Strategy and Finance, Vice Minister of the Interior and Safety, Vice Minister of Trade, Industry and Energy, Vice Minister of Environment and Vice Minister of Land, Infrastructure and Transport shall become ex officio members of the Central Dispute Mediation Committee under Article 149 (5) of the Act. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 88-2 (Dismissal of Members) |
The provisions of Article 26-2 shall apply mutatis mutandis to the dismissal of the Central Dispute Mediation Committee. [This Article Newly Inserted by Presidential Decree No. 28576, Jan. 9, 2018]
| Article 89 (Executive Secretary) |
One executive secretary and public officials, as required, shall be assigned to the Central Dispute Mediation Committee in order to handle the affairs of the Central Dispute Mediation Committee, on condition that the executive secretary be appointed by the chairperson from among public officials belonging to the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 90 (Subcommittee of Central Dispute Mediation Committee) |
| (1) | The Central Dispute Mediation Committee may establish a subcommittee to review bills professionally before the deliberation of the committee. |
| (2) | A subcommittee shall consist of five members, including the chairperson. |
| (3) | The Vice Minister of the Interior and Safety shall become the chairperson of a subcommittee, and the members shall be nominated by the chairperson of the Central Dispute Mediation Committee from among the members in the areas related to a bill, on condition that the number of ex officio members be equal to the number of commissioned members. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | The chairperson of a subcommittee may, if necessary for conducting his or her duties, have relevant public officials, experts, etc. attend a meeting and state their opinions or request the submission of data and opinions from the relevant institutions, organizations, etc. |
| (5) | Other matters necessary for the operation of subcommittees shall be determined by the chairperson through passage of the resolution by the Central Dispute Mediation Committee. |
| Article 91 (Request for Dispatch of Public Officials) |
| (1) | The Central Dispute Mediation Committee may, if necessary for conducting duties of the committee, request the head of a central administrative agency or the head of a local government to dispatch public officials under his or her control. |
| (2) | The chairperson of the Central Dispute Mediation Committee may have the public officials dispatched under paragraph (1) assist with the affairs of the executive secretary. |
Allowances may be paid to the members, relevant public officials, and experts who attended meetings of the Central Dispute Mediation Committee and subcommittees within the budget: Provided, That the same shall not apply where members who are public officials or relevant public officials attended such meetings in direct connection with their duties.
| Article 93 (Detailed Operational Rules) |
Matters necessary for the operation of the Central Dispute Mediation Committee and subcommittees, other than those prescribed by this Decree, shall be determined by the chairperson through the passage of the resolution by the Central Dispute Mediation Committee.
| Article 94 (Formation and Operation of Local Dispute Mediation Committee) |
| (1) | The provisions of Articles 26-2, 87, and 92 shall apply mutatis mutandis to the local government’s dispute mediation committee (hereinafter referred to as the "Local Dispute Mediation Committee"). <Amended by Presidential Decree No. 28576, Jan. 9, 2018> |
| (2) | Matters necessary for the formation and operation of the Central Dispute Mediation Committee other than those prescribed by this Decree shall be prescribed by municipal ordinance of a City/Do. |
| Article 95 (Criteria for Formation of Administrative Consultative Councils) |
| (1) | Administrative consultative councils (hereinafter referred to as "consultative councils") prescribed in Article 152 of the Act shall be formed among local governments concerned in consideration of the need for wide-area plans and the implementation thereof, meeting demand for special administration, joint installation of public facilities, exchange of administrative information, coordination of administrative and financial affairs, etc. |
| (2) | Administrative consultative councils in the Seoul Metropolitan area and administrative consultative councils in large city regions from among administrative consultative councils prescribed in paragraph (1) shall be composed of the relevant Cities/Dos in consideration of the special nature of administration of the Seoul Metropolitan area and large city regions. |
| Article 96 (Location of Offices of Consultative Councils) |
A consultative council office shall be established in the local government (hereinafter referred to as the "central local government"), which is given more weight in handling affairs to be jointly handled.
| Article 97 (Reporting on Formation of Consultative Councils) |
After forming a consultative council under Article 152 (1) of the Act, the head of the central local government shall report the following matters within ten days: | 1. | The name of the consultative council; |
| 2. | The names of affiliated local governments; |
| 3. | The purpose of forming the consultative council; |
| 4. | The date of formation; |
| 5. | A copy of rules of the consultative council. |
| Article 98 (Chairpersons) |
Each consultative council prescribed in Article 153 (1) of the Act shall have one chairperson, on condition that when a chairperson is unable to perform his or her duties due to any unavoidable cause, a person to act for him or her be selected as prescribed under the rules of the consultative council.
| (1) | Each consultative council shall hold meetings on a regular basis or whenever the occasion arises. |
| (2) | Regular meetings shall be convened twice a year, once every six months, and extraordinary meetings shall be convened by the chairperson when the head of a local government concerned so requests under conditions prescribed by rules. |
| (3) | With respect to a consultative council meeting deemed necessary by the Minister of the Interior and Safety or a Mayor/Do Governor, it may be held following the recommendation of the Minister of the Interior and Safety where it is comprised of Cities/Dos and of the Mayor/Do Governor where it is comprised of Sis/Guns/autonomous Gus, respectively. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | The chairperson shall, whenever a meeting is held, prepare bills of the consultative council and distribute copies thereof to the heads of local governments concerned in advance. |
| (5) | When a meeting of the consultative council is held, the minutes of the meeting shall be recorded. |
| (6) | The chairperson shall, within 14 days from the date a meeting of the consultative council is held, report the status of the meeting of the consultative council to the Minister of the Interior and Safety where it is comprised of Cities/Dos and to a Mayor/Do Governor where it is comprised of Sis/Guns/autonomous Gus, respectively. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (1) | A consultative council may have advisors to provide consultation on the agenda items thereof to be discussed. |
| (2) | Advisors shall be commissioned by the chairperson after obtaining approval of the consultative council which consists of the heads of special administrative agencies of the State, members of local councils, heads of the relevant public organizations, and experts concerned. |
| Article 101 (Operational Rules) |
Matters necessary for the operation of a consultative council other than those prescribed by the Act and this Decree shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 102 (Reporting on Establishment of Consultative Body) |
| (1) | When the head of a local government or the chairperson of a local council establishes a nation-wide consultative body under Article 165 of the Act, he or she shall report the following matters to the Minister of the Interior and Safety. The same shall apply where he or she has modified any of the reported matters: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The purpose of establishment; |
| 2. | The name of the consultative body; |
| 3. | Matters concerning the organization, operation, etc. of the consultative body; |
| 4. | Minutes of the inaugural general meeting; |
| 5. | Names of the representative, officers and members. |
| (2) | The report prescribed in paragraph (1) shall be filed in a form prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | For its efficient operation, a consultative body under Article 165 (1) 3 or 4 of the Act may establish, as its subordinate organization, a local consultative body for each City/Do in which all the heads of Sis/Guns/autonomous Gus or the chairpersons of Si/Gun/autonomous Gu councils participate. <Newly Inserted by Presidential Decree No. 29609, Mar. 12, 2019> |
CHAPTER VII DIRECTION AND SUPERVISION OF STATE
| Article 103 (Support for and Hearings on Reports on Affairs of Local Government) |
| (1) | If deemed necessary to provide advice, recommendations, or guidance as prescribed in Articles 166 and 167 of the Act, the head of a central administrative agency or a Mayor/Do Governor may convene a meeting of the heads of local governments or relevant public officials. |
| (2) | If deemed necessary to enhance the effectiveness of important policies or measures of the State or local governments in the course of formulating, determinating, executing, etc. such policies or measures, the head of a central administrative agency or a Mayor/Do Governor may have the head of a local government report the opinions of residents, local situations, etc. |
| Article 104 (Term of Office of Administrative Consultation and Mediation Committee Members) |
The term of office of the chairperson and commissioned members of the Administrative Consultation and Mediation Committee (hereinafter referred to as the “Administrative Consultation and Mediation Committee”) determined under Article 168 (1) of the Act shall be two years: Provided, That the term of office of substitute members who are filling vacancies shall be the remaining term of office of the predecessor. [This Article Wholly Amended by Presidential Decree No. 23222, Oct. 14, 2011]
| Article 105 (Functions of Administrative Consultation and Mediation Committee and Procedures for Consultation and Coordination) |
| (1) | The Administrative Consultation and Mediation Committee shall, at the request of the head of a central administrative agency or the head of a local government, consult on and coordinate matters on which different opinions exist between the parties concerned when the parties concerned handle affairs. |
| (2) | Requests for consultation and coordination prescribed in paragraph (1) shall be made to the chairperson of the Administrative Consultation and Mediation Committee in writing, either by both parties or by one party. In such cases, Mayors/Do Governors shall pass through the Minister of the Interior and Safety; and the heads of Sis/Guns/Gus through Mayors/Do Governors and the Minister of the Interior and Safety, respectively. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The chairperson of the Administrative Consultation and Mediation Committee shall, upon receiving a request as prescribed in paragraph (2), report it to the Prime Minister without delay, and notify the Minister of the Interior and Safety, head of the relevant central administrative agency and head of the relevant local government of such fact. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | The chairperson of the Administrative Consultation and Mediation Committee shall, upon making a decision on the matters of consultation and mediation under paragraph (1), report such decision to the Prime Minister in writing without delay, and give notice thereof to the Minister of the Interior and Safety, head of a central administrative agency and head of the relevant local government, the head of the relevant central administrative agency and the head of the local government concerned, and the head of the relevant central administrative agency and the head of the local government concerned who have received such notice shall implement such matters determined through consultation and mediation. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
A majority of the members of the Administrative Consultation and Mediation Committee shall constitute a quorum, and any decision thereof shall require the concurring votes of 2/3 of those present.
| Article 107 (Working Committee) |
| (1) | The Administrative Consultation and Mediation Committee (hereafter in this Article referred to as the "Committee") shall establish a working committee for administrative consultation and mediation (hereinafter referred to as the "Working Committee") within the committee to ensure close cooperation and adjustment of opinions among the parties concerned and handle the affairs delegated by the committee. |
| (2) | The Working Committee shall consist of not more than nine working members, including one chairperson. |
| (3) | The Minister of the Office for Government Policy Coordination shall become the chairperson of the Working Committee; and the Vice Minister of Strategy and Finance, Vice Minister of the Interior and Safety, Vice Minister of Government Legislation, Vice Ministers of central administrative agencies related to Bills; and administrative deputy Mayors and vice governors of local governments shall become its members, respectively. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | Matters necessary for the operation of the Working Committee shall be determined by the chairperson through the passage of the resolution by the committee. |
| Article 108 (Executive Secretary) |
| (1) | One executive secretary and public officials, as required, shall be assigned to the Administrative Consultation and Mediation Committee and the Working Committee, respectively, to handle the affairs of the Administrative Consultation and Mediation Committee and the working committee. |
| (2) | The office of executive secretary of the Administrative Consultation and Mediation Committee shall be assumed by the head of the local administration policy bureau of the Ministry of the Interior and Safety, and the executive secretary of the Working Committee by a public official in any of Grades II through V belonging to the Ministry of the Interior and Safety who is designated by the chairperson of the Working Committee. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 109 (Requests for Cooperation among Related Agencies) |
The chairpersons of the Administrative Consultation and Mediation Committee and the Working Committee may, when necessary for performing their duties, have relevant public officials, experts, etc. attend a meeting and state their opinions, or request them to submit data, opinions, etc. on related agencies, institutions, etc.
| Article 110 (Application Mutatis Mutandis) |
The provisions of Articles 26-2, 87, and 91 through 93 shall apply mutatis mutandis to the Administrative Consultation and Mediation Committee. In such cases, the "Central Dispute Mediation Committee" and "subcommittee" shall be deemed "Administrative Consultation and Mediation Committee" and "Working committee", respectively. <Amended by Presidential Decree No. 28576, Jan. 9, 2018>
| Article 111 (Report on Cancellation and Suspension of Order or Disposition) |
The competent Minister or the head of a local government shall, in cases falling under any of the following subparagraphs, give notice thereof or report it to the Minister of the Interior and Safety immediately. In such cases, the heads of Sis/Guns/autonomous Gus shall file such report through Mayors/Do Governors: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| 1. | Where the competent Minister or the Mayor/Do Governor has issued a corrective order or cancelled or suspended orders or dispositions issued under Article 169 (1) of the Act; |
| 2. | Where a lawsuit is filed with the Supreme Court under Article 169 (2) of the Act or the judgment of the Supreme Court is rendered thereon. |
| Article 112 (Notification of and Report on Order to Fulfill Duties) |
Under Article 170 of the Act, the competent Minister (applicable only to cases falling under subparagraphs 1 and 2) or the head of a local government shall, in cases falling under any of the following subparagraphs, give notice thereof or report it to the Minister of the Interior and Safety immediately. In such cases, the heads of Sis/Guns/autonomous Gus shall file such report through Mayors/Do Governors: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> | 1. | Where the competent Minister or the Mayor/Do Governor has issued an execution order as prescribed in Article 170 (1) of the Act; |
| 2. | Where the competent Minister or the Mayor/Do Governor has vicariously executed matters or taken necessary administrative or financial measures as prescribed in Article 170 (2) of the Act; |
| 3. | Where a lawsuit is filed with the Supreme Court or a decision to suspend execution is requested as prescribed in Article 170 (3) of the Act, or the judgment or decision of the Supreme Court is rendered thereon; |
| 4. | Where the head of the local government has performed the execution order. |
| Article 113 Deleted. <by Presidential Decree No. 22439, Oct. 13, 2010> |
| Article 114 (Reports on Reconsideration of Resolutions of Local Councils, Filing of Lawsuits) |
The head of a local government shall, in cases falling under any of the following subparagraphs, report the details thereof to the Minister of the Interior and Safety and competent Minister immediately. In such cases, the heads of Sis/Guns/autonomous Gus shall file such report through a Mayor/Do Governor: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| 2. | Where a Mayor/Do Governor has had the head of the local government request a reconsideration of the resolution by the local council of a Si/ Gun/autonomous Gu as prescribed in Article 172 (1) and (2) of the Act or a resolution has been passed by the local council thereon; |
| 3. | Where the head of the local government has filed a lawsuit regarding a reconsidered matter or applies for a decision to suspend execution as prescribed in Articles 107 (3) and 172 (3) of the Act, or a judgment or decision of the Supreme Court is rendered thereon; |
| 4. | Where a Mayor/Do Governor has ordered the head of a Si/Gun/autonomous Gu to file a lawsuit or has taken the case directly thereto or requested a decision to suspend execution as prescribed in Article 172 (4) of the Act, or a judgment or decision of the Supreme Court is rendered thereon; |
| 5. | Where a Mayor/Do Governor has directly filed a lawsuit or requested a decision to suspend execution as prescribed in Article 172 (7) of the Act, or a judgment or decision of the Supreme Court is rendered thereon. |
| Article 115 (Notifications by Competent Ministers) |
The competent Minister shall, in cases falling under any of the following subparagraphs, notify the Minister of the Interior and Safety of the details thereof immediately: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| 1. | Where the competent Minister has had a Mayor/Do Governor request a reconsideration as prescribed in Article 172 (1) of the Act; |
| 2. | Where the competent Minister has ordered a Mayor/Do Governor to file a lawsuit or has taken the case directly to a court or requested a decision to suspend execution as prescribed in Article 172 (4) of the Act or a judgment, or decision of the Supreme Court has been rendered thereon; |
| 3. | Where the competent Minister has directly filed a lawsuit with the Supreme Court or requested a decision to suspend execution as prescribed in Article 172 (7) of the Act, or a judgement or decision of the Supreme Court has been rendered thereon. |
| Article 116 (Publication of Judgments) |
Where a judgment or decision of the Supreme Court has been rendered under subparagraphs 3, 4 and 5 of Article 114, the head of the relevant local government shall publish the details thereof in official gazettes or daily newspapers, or post them on bulletin boards or computer networks immediately.
CHAPTER VIII SPECIAL CASES CONCERNING ADMINISTRATION OF LARGE CITIES
| Article 117 (Adjustment of Amounts of Financial Resources of Autonomous Gu) |
| (1) | The amounts of financial resources adjusted among autonomous Gus under Article 173 of the Act shall be ordinary tax (in cases of Metropolitan Cities, excluding the property portion of the resident tax under Section 3 of Chapter 7 of the Local Tax Act and the employee portion of the resident tax under Section 4 of the same Chapter) prescribed in each item of Article 8 (1) 1 of the Framework Act on Local Taxes among the relevant Si taxes. <Amended by Presidential Decree No. 29609, Mar. 12, 2019> |
| (2) | A municipal ordinance that determines the method of adjusting financial resources among autonomous Gus shall include the rate of delivery, method of calculation, time of delivery, etc. of adjusted grants. |
[This Article Wholly Amended by Presidential Decree No. 23900, Jun. 29, 2012]
| Article 118 (Criteria for Recognition of Large Cities) |
A large city with a population of at least 500,000 to which special treatment may be given under Article 175 of the Act means a city the population of which amounts to at least 500,000 on the last day of each year for two consecutive years, based on the number of residents with their resident registrations made in the jurisdictions concerned on the last day of the previous year: Provided, That in cases where the population figure obtained by calculating the arithmetic mean of the populations at the end of each quarter of the previous year falls short of 500,000 for two consecutive years due to a decrease in population after it became a large city with a population of at least 500,000, it shall be excluded from large cities with a population of at least 500,000 from the following year. [This Article Newly Inserted by Presidential Decree No. 21075, Oct. 8, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes and Regulations)
Where the provisions of the former Enforcement Decree of the Local Autonomy Act have been cited by other statutes and regulations at the time this Act enters into force, if the provisions corresponding thereto exist in this Decree, this Decree shall be deemed to have been cited in lieu of the former provisions thereof.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21075, Oct. 8, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 33 (1) 3 shall take effect from the time when the criteria for the payment of monthly allowances payable to the members of a local council are determined since January 1, 2009. Article 3 (Special Cases concerning Deadlines for Determining Expenses, such as Monthly Allowances)
Notwithstanding the provisions of Article 34 (5), the deadline by which expenses, such as monthly allowances that will be paid to the members of local councils starting January 1, 2009, are to be determined shall be November 30, 2008. Article 4 (Transitional Measures concerning Commissioning Members of Deliberative Council and Formation of Deliberative Council)
Where a member of a deliberative council is commissioned or a deliberative council is formed under the former provisions at the time this Decree enters into force, such member and deliberative council shall be deemed to have been commissioned or formed under the amended provisions of this Decree.
Article 5 (Transitional Measures concerning Existing Municipal Ordinances)
Where the standard amount of monthly allowance in accordance with the existing municipal ordinances of a local government in which the standard amount of monthly allowance to be paid starting January 1, 2009 is included, falls within the scope of the standard amount of monthly allowance under this Decree, the monthly allowance may be paid in accordance with the relevant municipal ordinances, notwithstanding the amended provisions of Article 34.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21680, Aug. 13, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 2, 2009.
Article 2 (Transitional Measure concerning Publication of Total Number of Residents)
The head of a local government shall publish the total number of residents aged 19 years or older calculated pursuant to the amended provisions of Article 15 of the Act within ten days after this Decree enters into force.
Article 3 (Transitional Measure concerning Advisory Organizations)
Advisory organizations which have been established and operated at the time this Decree enters into force shall be deemed to have been established in accordance with this Decree: Provided, That the advisory organizations shall meet the amended provisions of Articles 80, 80-2, and 80-3 within one year after this Decree enters into force.
ADDENDUM <Presidential Decree No. 22219, Jun. 28, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 22439, Oct. 13, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 22468, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 23222, Oct. 14, 2011>
This Decree shall enter into force on October 15, 2011: Provided, That the amended provisions of Articles 6 and 13 (4) shall enter into force on July 1, 2012.
ADDENDUM <Presidential Decree No. 23900, Jun. 29, 2012>
This Decree shall enter into force on July 1, 2012: Provided, That the amended provisions of Article 117 shall enter into force on January 1, 2013.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of the Presidential Decree to be amended pursuant to Article 6 of the Addenda to the Local Autonomy Act, which was promulgated before this Decree enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of respective Presidential Decree. Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 24859, Nov. 20, 2013>
This Decree shall enter into force on December 12, 2013.
ADDENDA <Presidential Decree No. 25367, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions from the part other than the subparagraphs of Article 33 (1), the former part of Article 34 (5), and the proviso to Article 34 (6) shall enter into force on July 1, 2014. Article 2 (Applicability to Skipping Procedures for Collecting Opinions)
The amended provisions of the proviso to Article 34 (6) shall take effect from the time when the Deliberative Council determines monthly allowance after July 1, 2014.
ADDENDA <Presidential Decree No. 25441, Jul. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2014.
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 25621, Sep. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 25, 2014.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of the Presidential Decree to be amended pursuant to Article 5 of the Addenda to the Enforcement Decree of the Local Autonomy Act, which was promulgated before this Decree enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of respective Presidential Decree. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25869, Dec. 23, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Upward Adjustment of Classes of Deputy Mayor or Deputy head of Si/Gun/Gu)
Notwithstanding the amended provisions of Article 73 (7) 1 and 2, the previous provisions shall apply to a deputy Mayor or deputy head of a Si/Gun/Gu appointed before this Decree enters into force, until a deputy Mayor or deputy head of a Si/Gun/Gu is appointed in accordance with the criteria of classes under this Decree.
ADDENDA <Presidential Decree No. 26882, Jan. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 54 (1) and 84 shall enter into force on January 1, 2017. Article 2 (Transitional Measure concerning Preparation of Roster of Applicants for Bills of Enactment, Revision or Abolition of Municipal Ordinance under Progress)
Notwithstanding the amended provisions of Article 14 (1) 2 (including cases to which Article 20 (1) shall apply mutatis mutandis), the previous provisions shall apply to a person who already signed the roster of applicants for a bill of enactment, revision, or abolition of a municipal ordinance or for inspection, which is being prepared as at the time this Decree enters into force. Article 3 (Transitional Measure concerning Measures to Protect Resident Registration Number)
Where some rosters of applicants prepared before this Decree enters into force which contain resident registration numbers, report numbers of the place of residence or alien registration numbers or their copies are to be offered for perusal, necessary measures shall be taken to prevent the resident registration numbers, etc. from being exposed, in accordance with the previous Article 16 (2) (including cases to which Article 20 (1) shall apply mutatis mutandis).
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27056, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of the Presidential Decree to be amended pursuant to Article 8 of the Addenda to the Enforcement Decree of the Local Autonomy Act, which was promulgated before this Decree enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of respective Presidential Decree. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28576, Jan. 9, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29261, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Criteria for Payment of Monthly Allowances)
The amended provisions of Article 33 (1) 3 shall apply, beginning with cases where the criteria for the payment of monthly allowances to be paid to local council members from January 1, 2019 are determined. Article 3 (Special Cases concerning Time for Determining Monthly Allowances)
Notwithstanding Article 34 (5), the Deliberation Committee on Parliamentary Expenses in the year to which the enforcement date of this Decree belongs may determine the amounts under Article 33 (1) by December 31, 2018.
ADDENDA <Presidential Decree No. 29609, Mar. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10-2 and Article 4 of the Addenda shall enter into force on July 1, 2019. Article 2 (Applicability to Prior Consultation about Autonomy and Decentralization)
Article 3 (Applicability to Publication of Results of Inspection)
The amended provisions of Article 22 shall apply, beginning with cases where an inspection is completed after this Decree enters into force. Article 4 Omitted.