LOCAL AUTONOMY ACT
Wholly Amended by Act No. 8423, May 11, 2007
Amended by Act No. 8435, May 17, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9577, Apr. 1, 2009
Act No. 9847, Dec. 29, 2009
Act No. 10219, Mar. 31, 2010
Act No. 10272, Apr. 15, 2010
Act No. 10344, jun. 8, 2010
Act No. 10739, May 30, 2011
Act No. 10827, Jul. 14, 2011
Act No. 11399, Mar. 21, 2012
Act No. 1531, Dec. 11, 2012
Act No. 11531, Dec. 11, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11899, Jul. 16, 2013
Act No. 12280, Jan. 21, 2014
Act No. 12687, May 28, 2014
Act No. 12738, jun. 3, 2014
Act No. 12844, Nov. 19, 2014
Act No. 14197, May 29, 2016
Act No. 14474, Dec. 27, 2016
Act No. 14768, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
Act No. 16057, Dec. 24, 2018
CHAPTER I GENERAL PRINCIPLES
SECTION 1 General Provisions
The purpose of this Act is to promote democracy and efficiency of local autonomous administration and to ensure balanced development of local areas and democratic development of the Republic of Korea, by prescribing matters concerning types, organization and operation of local governments, and basic relations between the State and local governments.
| Article 2 (Categories of Local Governments) |
| (1) | Local governments shall be classified into the following two categories: <Amended on May 30, 2011> |
| 1. | Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province; |
| (2) | A Gu that is a local government (hereinafter referred to as "autonomous Gu") shall mean only those within the jurisdiction of a Special Metropolitan City or a Metropolitan City, and the scope of the autonomous authority of an autonomous Gu may be determined differently from that of a Si/Gun as prescribed by statutes. |
| (3) | In addition to the local governments under paragraph (1), special local governments may be separately established, if necessary, to achieve specific purposes. |
| (4) | Matters necessary for the establishment and operation of special local governments shall be prescribed by Presidential Decree. |
| Article 3 (Juristic Personality and Jurisdiction of Local Governments) |
| (1) | A local government shall be a juristic person. |
| (2) | The Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces (hereinafter referred to as "Cities/Dos") shall be under the direct control of the Government; Sis shall fall within the jurisdiction of Dos; Guns shall fall within the jurisdiction of Metropolitan Cities, Special Self-Governing Cities or Dos; and autonomous Gus shall fall within the jurisdiction of the Special Metropolitan City, Metropolitan Cities or Special Self-Governing Cities. <Amended on May 30, 2011> |
| (3) | A Si with a population of at least 500,000 that is not the Special Metropolitan City, a Metropolitan City or a Special Self-Governing City may have a Gu that is not an autonomous Gu; a Gun shall have Eups and Myeons; a Si and Gu (including an autonomous Gu) shall have Dongs; and an Eup and Myeon shall have Ris. <Amended on May 30, 2011> |
| (4) | A Si established under Article 7 (2) shall have Dongs in an area in an urban form, and Eups/Myeons, in the other areas, but if any Gu that is not an autonomous Gu is established, such Gu may have Eups/Myeons/Dongs. |
SECTION 2 Jurisdiction of Local Governments
| Article 4 (Names and Jurisdiction of Local Governments) |
| (1) | The names and jurisdictions of local governments shall be as used before, and any alteration of such names and jurisdictions and any abolition, establishment, division or consolidation of the local governments shall be prescribed by Acts: Provided, That any alteration of borders between jurisdictions of local governments and names in Chinese characters of local governments shall be prescribed by Presidential Decree. <Amended on Apr. 1, 2009> |
| (2) | In the case of abolition, establishment, division or consolidation of local governments under paragraph (1), or alteration of their names or jurisdictions, the opinion of the councils of the local governments concerned (hereinafter referred to as "local councils") shall be heard: Provided, That where there has been residents’ voting under Article 8 of the Residents’ Voting Act, the same shall not apply. |
| (3) | Notwithstanding paragraph (1), the local governments to which the regions referred to in the following subparagraphs will belong shall be determined by the Minister of the Interior and Safety pursuant to the provisions of paragraphs (4) through (7): <Amended on Apr. 1, 2009; Apr. 15, 2010; Jul. 14, 2011; Mar. 23, 2013; Jun. 3, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | In cases falling under paragraph (3) 1, licensing authorities under Article 28 of the Public Waters Management and Reclamation Act or the head of a relevant local government shall, prior to the inspection of work completion under Article 45 of the same Act, and in cases falling under paragraph (3) 2, the competent authority under subparagraph 18 of Article 2 of the Act on the Establishment, Management, etc. of Spatial Data (hereinafter referred to as "competent cadastral authority") shall, prior to the registration in the cadastral record, file a respective request with the Minister of the Interior and Safety for the decision of a local government to which the relevant region will belong. In such cases, a person who has been granted a reclamation license for landfill sites under paragraph (3) 1 may file a request with the licensing authorities for the decision of a local government to which the relevant landfill site will belong. <Amended on Apr. 1, 2009; Apr. 15, 2010; Jul. 14, 2011; Mar. 23, 2013; Jun. 3, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Minister of the Interior and Safety shall, upon receipt of a request under paragraph (4), widely publicize such fact without delay for at least 20 days by means of publishing it in the Official Gazette or posting it on the Internet, etc. In such cases, Articles 42, 44, and 45 of the Administrative Procedures Act shall apply mutatis mutandis to the methods of publicizing, submission of opinions, etc. <Amended on Apr. 1, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (6) | The Minister of the Interior and Safety shall decide the local governments to which the regions falling under each subparagraph of paragraph (3) will belong, in accordance with deliberation and resolution by the central dispute arbitration committee for local governments under Article 149 (hereafter referred to as the "Committee" in this Article) after expiration of the period under paragraph (5), and shall notify the licensing authorities, competent cadastral authorities, or the heads of relevant local governments, etc., of, and publicly announce, such results. <Amended on Apr. 1, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (7) | The chairperson of the Committee may require public officials of relevant central administrative agencies and local governments or relevant experts to appear and hear their opinions, or request relevant bodies or organizations to submit data and present opinions, etc, if deemed necessary during the deliberation process under paragraph (6). In such cases, the head of the relevant local government shall be offered an opportunity to state his or her opinions. <Newly Inserted on Apr. 1, 2009> |
| (8) | The head of a relevant local government may, if he or she has an objection to the decision of the Minister of the Interior and Safety pursuant to paragraphs (3) through (7), file a suit with the Supreme Court within 15 days from the date on which he or she receives notification of such result. <Newly Inserted on Apr. 1, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (9) | The Minister of the Interior and Safety shall, if the Supreme Court renders a decision of acceptance under paragraph (8), make a decision again according to such purport. <Newly Inserted on Apr. 1, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 4-2 (Names and Jurisdictions of Non-autonomous Gus, Eups, Myeons, and Dongs) |
| (1) | The names and jurisdictions of Non-autonomous Gus, Eups, Myeons, and Dongs shall be as before, and any abolition, establishment, division or consolidation thereof shall be prescribed by ordinance of the relevant local government after approval from the Minister of the Interior and Safety: Provided, That alteration of names and jurisdictions shall be prescribed by ordinance of the relevant local government, and such results shall be reported to the Special Metropolitan City Mayor, Metropolitan City Mayor, and Do Governor. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The jurisdictions of Ris shall be based on naturally-established villages, and the names and jurisdictions thereof shall be as before, and any alteration of names and jurisdictions or any abolition, establishment, division or consolidation of Ris shall be prescribed by ordinance of the relevant local government. |
| (3) | If necessary due to changes in administrative circumstances, such as decrease in population, Myeon for administrative purposes (hereinafter referred to as "administrative Myeon") may be separately operated, whereby two or more Myeons are operated as one Myeon or otherwise, in accordance with ordinance of the relevant local government. |
| (4) | In the cases of Dongs or Ris, Dong or Ri for administrative purposes (hereinafter referred to as "administrative Dong or Ri") may be separately operated, whereby one Dong or Ri is operated as two or more Dongs or Ris, or two or more Dongs or Ris are operated as one Dong or Ri or otherwise, in accordance with ordinance of the relevant local government, for administration efficiency and residents’ convenience. |
| (5) | A subordinate organization may be established under an administrative Dong or Ri as prescribed by ordinance of the relevant local government. |
[This Article Newly Inserted on Apr. 1, 2009]
| Article 5 (Succession to Affairs and Property when Altering, Abolishing, Dividing, or Consolidating Districts) |
| (1) | When altering the jurisdiction of a local government or abolishing, establishing, dividing, or consolidating local governments, the local government that newly acquires jurisdiction over the area shall succeed to its affairs and property. |
| (2) | In cases falling under paragraph (1), where it is impractical to separate the affairs and property of local governments based on area, the Minister of the Interior and Safety in case of Cities/Dos, and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors or Special Self-Governing Province Governors (hereinafter referred to as "Mayor/Do Governor") in case of Sis/Guns/autonomous Gus shall determine the boundary of the affairs and property, and the local government to succeed to the affairs and property. <Amended on Feb. 29, 2008; Apr. 1, 2009; May 30, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 6 (Location of Office) |
| (1) | The location of the offices of local governments and non-autonomous Gu/Eup/Myeon/Dong shall be as before, and any alteration or new establishment thereof shall be prescribed by ordinances of the relevant local governments. In such cases, Myeon and Dong refer to an administrative Myeon and administrative Dong under Article 4-2 (3) and (4), respectively. <Amended on Apr. 1, 2009> |
| (2) | The ordinances referred to in paragraph (1) shall be approved by an affirmative vote of a majority of the incumbent members of the relevant local council. |
| Article 7 (Standards for Establishment of Si/Eup) |
| (1) | A Si shall be in an urban form in most parts and shall have a population of at least 50,000. |
| (2) | An area falling under any of the following may become a Si in an urban and rural complex form: |
| 1. | An area established by integrating the Si and Gun established under paragraph (1); |
| 2. | A Gun that has an area in an urban form with a population of at least 50,000; |
| 3. | A Gun with a population of at least 50,000 in two or more areas in an urban form with a respective population of at least 20,000. In such cases, the population of the Gun shall be at least 150,000, and shall meet the requirements prescribed by Presidential Decree; |
| 4. | An area in which a city has been formed as a result of State policies and a branch office of Do has been established under Article 115, and whose population is at least 30,000, and which is part of a city in the urban and rural complex form with a population of at least 150,000. |
| (3) | An Eup shall be in an urban form in most parts and shall have a population of at least 20,000: Provided, That if it falls under any of the following, it may become an Eup even though its population is under 20,000: |
| 1. | A Myeon which is located in the seat of the Gun office; |
| 2. | One Myeon from the Myeons of a city in the urban and rural complex form without any Eup. |
| (4) | Detailed standards for establishment of a Si/Eup shall be prescribed by Presidential Decree. |
SECTION 3 Functions and Affairs of Local Governments
| Article 8 (Basic Principles for Performance of Affairs) |
| (1) | Local governments shall strive to promote the convenience and welfare of residents in performing affairs. |
| (2) | Local governments shall rationalize their organization and management, and optimize their size. |
| (3) | Local governments shall not perform affairs in violation of any statutes, or ordinances of superior local governments. |
| Article 9 (Scope of Affairs of Local Governments) |
| (1) | Local governments shall perform autonomous affairs of their jurisdiction and the affairs entrusted under statutes. |
| (2) | Examples of the affairs of local governments under paragraph (1) shall be as follows: Provided, That if it is otherwise prescribed by other Acts, this shall not apply: <Amended on Apr. 6, 2007; May 17, 2007; Dec. 29, 2009; Jul. 14, 2011; Apr. 18, 2017; Dec. 24, 2018> |
| 1. | Affairs concerning the jurisdiction, organization, administrative management, etc. of local governments: |
| (a) | Coordination of the names, locations and areas of the administrative areas within the jurisdiction; |
| (b) | Establishment, revision, abolition, and operation and management of municipal ordinances and rules; |
| (c) | Organization and management of subordinate administrative agencies; |
| (d) | Guidance on and supervision of subordinate administrative agencies and organizations; |
| (e) | Management of personnel matters, welfare, and education of public officials under jurisdiction; |
| (f) | Imposition and collection of local taxes and revenues other than local taxes; |
| (g) | Formulation and execution of budget, audit of accounting, and management of property; |
| (h) | Management of administrative equipment, computerization of administration and improvement of administrative management; |
| (i) | Management of public property; |
| (j) | Management of family relation registration and resident registration; |
| (k) | Drafting of various kinds of surveys and statistics needed by local governments; |
| 2. | Affairs concerning the promotion of welfare of residents: |
| (a) | Projects concerning the welfare of residents; |
| (b) | Installation, operation and management of facilities for social welfare; |
| (c) | Protection of and support for persons living in poverty; |
| (d) | Protection and promotion of the welfare of senior citizens, children, persons with mental disorder, juveniles and women; |
| (e) | Establishment and operation of health and medical treatment institutions; |
| (f) | Prevention of infectious or other diseases, and prevention of epidemics; |
| (g) | Operation and management of cemeteries, crematoriums, and charnel houses; |
| (h) | Guidance for the improvement of sanitary conditions of hospitality business places; |
| (i) | Collection and disposal of sewage and garbage; |
| (j) | Establishment and operation of local public enterprises; |
| 3. | Affairs concerning the promotion of industries including agriculture, forestry, commerce, industry, etc.: |
| (a) | Installation and management of agricultural irrigation facilities, such as small ponds, reservoirs, etc.; |
| (b) | Support for production and distribution of agricultural, forestry, livestock and marine products; |
| (c) | Management of agricultural materials; |
| (d) | Management of and guidance on combined farming; |
| (e) | Fostering of and guidance on profit-making business other than agriculture; |
| (f) | Encouragement of sidelines for farming households; |
| (g) | Management of public forests; |
| (h) | Projects for development of small-scale livestock raising, and for promotion of dairy; |
| (i) | Prevention of livestock epidemics; |
| (j) | Fostering of and support for local industries; |
| (k) | Consumer protection and encouragement of savings; |
| (l) | Support for small and medium enterprises; |
| (m) | Development and fostering of, and support for, specialized regional industries; |
| (n) | Development of good local products and folk art products for tourism; |
| 4. | Affairs concerning local developments, and establishment and management of living environmental facilities for residents: |
| (a) | Projects for local development; |
| (b) | Execution of local civil engineering and construction projects; |
| (c) | Execution of urban planning projects; |
| (d) | Installation, repair and maintenance of provincial roads and Si/Gun roads; |
| (e) | Encouragement of and support for the improvement of residential living environments; |
| (f) | Improvement of rural houses and village structure; |
| (g) | Activities for protection of nature; |
| (h) | Management of local rivers and small rivers; |
| (i) | Installation and management of waterworks and sewerages; |
| (j) | Installation and management of simplified water supply facilities; |
| (k) | Installation and management of sightseeing and resort facilities such as Do/Gun parks, urban parks, green areas, etc.; |
| (l) | Operation of local railroad projects; |
| (m) | Installation and management of facilities for traffic convenience such as parking lots, traffic signs, etc.; |
| (n) | Establishment and execution of countermeasures against disasters; |
| (o) | Fostering of and support for the local economy; |
| 5. | Affairs concerning the promotion of education, sports, culture and art: |
| (a) | Establishment and operation of, and guidance on, day-care centers, kindergartens, elementary schools, middle schools, high schools and other kinds of schools equivalent thereto; |
| (b) | Installation and management of public educational, sports and cultural facilities such as libraries, playgrounds, plazas, gymnasiums, museums, performance centers, galleries, music halls; |
| (c) | Designation, registration, preservation, and management of local cultural heritages; |
| (d) | Promotion of local culture and art; |
| (e) | Fostering of local cultural and art organizations; |
| 6. | Affairs concerning local civil defense and local firefighting: |
| (a) | Formation and operation of, guidance on, and supervision of, local and workplace civil defense organizations (including a volunteer fire brigade); |
| (b) | Prevention of, alert for, extinguishment and investigation of, and rescue and first aid activities in, fires in local areas. |
| Article 10 (Standards for Allocation of Affairs by Types of Local Governments) |
| (1) | The standards for allocation of the affairs under Article 9 to local governments by types of local governments shall be as follows: Provided, That the affairs under Article 9 (2) 1 shall be common to all local governments: |
| (a) | Broad-area administrative affairs, the results of which affect two or more Sis/Guns/autonomous Gus; |
| (b) | Affairs requiring performance based on the same standard for a same City/Do; |
| (c) | Affairs requiring consistency within a same City/Do with local peculiarities kept intact; |
| (d) | Affairs concerning the correspondence, coordination, etc. between the State and Si/Gun/autonomous Gu; |
| (e) | Affairs inappropriate for independent management by the Si/Gun/autonomous Gu; |
| (f) | Affairs concerning the installation and management of facilities in a size deemed reasonable for joint installation by two or more Sis/Guns/autonomous Gus; |
Affairs excluding those to be managed by the City/Do as provided for in subparagraph 1: Provided, That a Si with a population of at least 500,000 may be allowed to perform part of the affairs performed by Do.
| (2) | Affairs by types of local governments based on the standards for allocation under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The City/Do and the Si/Gun/autonomous Gu shall make sure that performance of affairs do not overlap with one another. In cases of overlapping affairs, performance by Si/Gun/autonomous Gu shall precede performance by City/Do. |
| Article 11 (Restriction on Performance of State Affairs) |
No local governments shall perform State affairs falling under any of the following: Provided, That if it is otherwise prescribed by other Acts, this shall not apply:
| 1. | Affairs necessary for the existence of the nation, such as diplomacy, national defense, administration of justice, national tax; |
| 2. | Affairs requiring performance in a uniform manner throughout the nation, such as price, finance and export and import policies; |
| 3. | Nationwide affairs, such as the coordination of demand and supply, import and export, etc. of agricultural, forestry, livestock and marine products and grains; |
| 4. | Affairs of nationwide or similar scale such as comprehensive national economic development plans, national rivers, state-owned forests, comprehensive national land development plans, designated harbors, national expressways, national roads, national parks, etc.; |
| 5. | Affairs requiring uniformity and coordination of standards throughout the nation, such as labor standards and measurement units; |
| 6. | Affairs of nationwide or similar scale such as postal and railroad services; |
| 7. | Affairs beyond technological and financial capabilities of local governments, such as inspection, testing, research, aviation administration, meteorological administration, nuclear power development, etc., that require highly advanced technology. |
| Article 12 (Qualifications of Residents) |
Persons who have domicile within the jurisdiction of a local government shall be residents of such local government.
| Article 13 (Rights of Residents) |
| (1) | Residents shall have the right to use the property and public facilities of their local governments, and to benefit equally from the administration of their local governments as prescribed by statutes. |
| (2) | Residents who are Korean nationals shall have the right to participate in the elections of the members of local councils and the heads of local governments held by such local governments (hereinafter referred to as "local elections") as prescribed by statutes. |
| Article 14 (Residents’ Voting) |
| (1) | The heads of local governments may put to residents’ voting major matters, etc. to be decided by the local governments which impose an excessive burden or have a significant effect on the residents. |
| (2) | Matters concerning the objects, proposers, requirements for proposal, procedures, etc. of the residents’ voting shall be prescribed separately by other Acts. |
| Article 15 (Request for Establishment, Revision or Abolition of Municipal Ordinance) |
| (1) | Residents of 19 years of age or older falling under any of the following (those who do not have the suffrage under Article 18 of the Public Official Election Act shall be excluded; hereafter referred to as the "residents of 19 years of age or older" in this Article and Article 16) may request the head of the relevant local government to establish, revise or abolish municipal ordinances, under the joint signatures of at least the number of residents of 19 years of age or older prescribed by ordinance of the relevant local government within the extent between 1/100 and 1/70 of the total number of the residents of 19 years of age or older for the City/Do and a large city with a population of at least 500,000 under Article 175, or within the extent between 1/50 and 1/20 of the total number of the residents of 19 years of age or older for the Si/Gun/autonomous Gu: <Amended on Apr. 1, 2009> |
| 1. | A person registered as a resident in the area of jurisdiction of the relevant local government; |
| (2) | The following matters shall be excluded from the object of the request under paragraph (1): <Newly Inserted on Apr. 1, 2009> |
| 1. | Matters violating any statutes; |
| 2. | Matters concerning the imposition, collection or exemption and reduction of local taxes, user fees, service charges, or allotted charges; |
| 3. | Matters concerning the establishment or alteration of administrative bodies or opposition to the establishment of public facilities. |
| (3) | When the residents of 19 years of age or older in a local government intend to request the establishment, revision or abolition of municipal ordinances pursuant to paragraph (1), they shall select the representative of petitioners and enter his or her name in the petitioner roster, and the representative of petitioners shall prepare and submit a draft for the establishment, revision or abolition of the municipal ordinance (hereinafter referred to as "draft of the municipal ordinance requested by residents"). <Amended on Apr. 1, 2009; Jul. 14, 2011> |
| (4) | Upon receipt of a request under paragraph (1), the head of a local government shall publicly announce its details within five days from the receipt of such request, and make the petitioner roster or its copy available for perusal at an open place for 10 days from the date of such public announcement. <Amended on Apr. 1, 2009> |
| (5) | A person who has objection concerning the signatures in the petitioner roster may file an objection with the head of the competent local government within the period of the perusal referred to in paragraph (4). <Amended on Apr. 1, 2009> |
| (6) | When an objection is filed pursuant to paragraph (5), the head of the competent local government shall examine and decide it within 14 days from the expiration of the period of the perusal referred to in paragraph (4), and when he or she finds the objection justifiable, he or she shall revise the petitioner roster and notify it to the person who has filed the objection and the representative of petitioners referred to in paragraph (3), and when he or she finds the objection groundless, he or she shall immediately notify it to the person. <Amended on Apr. 1, 2009> |
| (7) | Where there is no objection referred to in paragraph (5) or where the decision under paragraph (6) is complete for all objections filed pursuant to paragraph (5), the head of the competent local government shall, if the requirements under paragraphs (1) and (2) have been met, accept such request, and if such requirements have not been met, reject such request, and notify the representative of petitioners of the acceptance or rejection. <Amended on Apr. 1, 2009> |
| (8) | Where he or she intends to reject a request pursuant to paragraph (7), the head of the competent local government shall provide the representative of petitioners with an opportunity to state his or her opinion. <Amended on Apr. 1, 2009> |
| (9) | The head of the competent local government shall refer the draft of the municipal ordinance requested by residents to the local council within 60 days from the date of acceptance of the request under paragraph (7), and notify the representative of petitioners of the results. <Amended on Apr. 1, 2009; Jul. 14, 2011> |
| (10) | The total number of residents of 19 years of age or older referred to in paragraph (1) shall be calculated on the basis of the resident registration cards, list of reports on the place of residence in the Republic of Korea by Korean nationals residing abroad, and foreigner registry as of December 31 of the preceding year. <Amended on Apr. 1, 2009> |
| (11) | Other matters necessary for a request for establishment, revision, or abolition of municipal ordinances shall be determined by Presidential Decree. <Amended on Apr. 1, 2009> |
| Article 15-2 (Procedure for Examination of Draft of the Municipal Ordinance Requested by Residents) |
| (1) | When the head of a local government refers a draft of the municipal ordinance requested by residents pursuant to Article 15 to the local council under Article 15 (9), he or she may send his or her opinion together with it. |
| (2) | Before resolution on the draft of the municipal ordinance requested by residents that has been referred for examination, the local council may require the representative of petitioners to appear, and hear from them the purpose of the request (including questions and answers with the representative of petitioners). |
| (3) | Matters necessary for the examination procedure of the draft of the municipal ordinance requested by residents under paragraph (2) shall be prescribed by rules of meetings of a local council. |
[This Article Newly Inserted on Jul. 14, 2011]
| Article 16 (Residents’ Request for Inspection) |
| (1) | Where residents of 19 years of age or older in a local government finds the performance of any affairs under the jurisdiction of a local government and its head violates any statutes or substantially undermines public interest, they may file a request for inspection under the joint signatures of at least the number of residents of 19 years of age or older determined by ordinance of the competent local government, within the scope not exceeding 500 persons in the City/Do, 300 persons in a large city with a population of at least 500,000 as referred to in Article 175, and 200 persons in other Si/Gun/autonomous Gu, with the competent Minister in the case of the City/Do, and with the Mayor/Do Governor in the case of the Si/Gun/autonomous Gu: Provided, That the following matters shall be excluded from the subject of the request for inspection: |
| 1. | Matters resulting in involvement in a criminal investigation or trial; |
| 2. | Matters likely to infringe upon a person’s privacy; |
| 3. | Matters that have been inspected or are under inspection by other agencies: Provided, That this shall not apply to matters inspected by other agencies where new matters have been discovered or important matters have been omitted in the inspection, or where they qualify for residents’ lawsuit pursuant to Article 17 (1); |
| 4. | Matters regarding which a lawsuit falling under any subparagraph of Article 17 (2) is pending with the same as subject matter, or the judgment thereon has become final and conclusive. |
| (2) | If two years have elapsed from the date on which the performance of affair took place or completed, no request under paragraph (1) shall be filed. |
| (3) | The competent Minister or the Mayor/Do Governor shall, within 60 days from the date of acceptance of a request for inspection, complete the inspection on the matters for which inspection is requested, and shall notify in writing the representative of petitioners and the head of the competent local government of the result of inspection and publicly notify it: Provided, That where there is good cause that makes completion of the inspection within the period impracticable, he or she may extend the period. In such cases, he or she shall notify the representative of petitioners and the head of the competent local government of such fact in advance and publicly notify such fact. |
| (4) | Where matters for which the residents have filed a request for inspection have been already inspected or are under inspection by any other agency, the competent Minister or the Mayor/Do Governor shall notify without delay the representative of petitioners and the relevant agency of the result of inspection performed by the said agency, or the fact that inspection is underway, and the fact that the result of inspection is to be notified after completion. <Amended on Jan. 21, 2014> |
| (5) | In handling (including rejection) the request for inspection filed by residents, the competent Minister or the Mayor/Do Governor must provide the representative of petitioners with an opportunity to present evidence and opinions. <Amended on Jul. 14, 2011> |
| (6) | The competent Minister or the Mayor/Do Governor may request the head of the competent local government to take necessary measures within a prescribed period according to the results of inspection referred to in paragraph (3). In such cases, the head of the competent local government shall perform them faithfully, and report the result of the measures taken to the local council, and the competent Minister or the Mayor/Do Governor. |
| (7) | The competent Minister or the Mayor/Do Governor shall notify in writing to the representative of petitioners, and publicly notify, the details of the request for measures under paragraph (6) and the result of the measures taken by the head of competent local government. |
| (8) | Other necessary matters concerning the request for inspection by residents of 19 years of age or older shall be determined by Presidential Decree. |
| (9) | Article 15 (3) through (7) shall apply mutatis mutandis to the request for inspection by residents of 19 years of age or older. In such cases, "establishment, revision or abolition of municipal ordinances" shall be construed as "inspection", and "head of the competent local government" as "competent Minister or Mayor/Do Governor". <Amended on Apr. 1, 2009> |
| Article 17 (Residents’ Lawsuit) |
| (1) | The residents who have filed a request for inspection of matters concerning the disbursement of public money, matters concerning the acquisition, management and disposal of property, matters concerning the conclusion and performance of a contract for trade, lease or undertaking, and other contracts, to which the competent local government is a party, or matters concerning the neglect of imposition and collection of public money, such as local tax, fee for use, service charge, administrative fines, pursuant to Article 16 (1) may, where it falls under any of the following, file a lawsuit concerning the unlawful acts or the neglect of duties related to matters for which a request for the inspection has been filed, against the head of the competent local government (where he or she has delegated the authority to handle the relevant matters to the head of the agency under his or her jurisdiction, it shall mean the head of the agency under his or her jurisdiction; hereafter the same shall apply in this Article): |
| 1. | Where the inspection has not been complete by the competent Minister or the Mayor/Do Governor even if 60 days (where the period for inspection was extended pursuant to the proviso of Article 16 (3), it means the date of the expiration of the extended period) have elapsed from the date on which the competent Minister or the Mayor/Do Governor accepted the request for inspection; |
| 2. | Where they have objection to the result of inspection under Article 16 (3) and (4) or the request for measures under Article 16 (6); |
| 3. | Where the head of the competent local government has failed to comply with the request for measures made by the competent Minister or the Mayor/Do Governor under Article 16 (6); |
| 4. | Where they have objection to the measures taken by the head of the local government under Article 16 (6). |
| (2) | The lawsuits that the residents may file pursuant to paragraph (1) shall be as follows: <Amended on May 29, 2016> |
| 1. | Where the continuance of the relevant acts is likely to cause irrecoverable damage, a lawsuit seeking suspension of all or part of the relevant acts; |
| 2. | A lawsuit seeking cancelation or alteration of the relevant acts that are administrative dispositions, or seeking confirmation of validity or invalidity or existence or non-existence of the relevant acts; |
| 3. | A lawsuit seeking confirmation of unlawfulness of the relevant fact of neglect; |
| 4. | A lawsuit requesting that a claim for damage compensation or return of unjust enrichment be made against the head and the employees of the competent local government, the members of the local council concerned, and parties related to the relevant acts: Provided, That where the staff members of the local government shall assume the liability for compensation pursuant to Article 4 of the Act on Liability of Accounting Personnel, Etc., it means a lawsuit seeking an order for compensation. |
| (3) | No lawsuit seeking suspension under paragraph (2) 1 shall be filed when the suspension of the relevant acts is likely to cause material harm to life or body, or otherwise to significantly undermine public welfare. |
| (4) | The lawsuit under paragraph (2) shall be filed within 90 days from the date on which the following becomes applicable: |
| 1. | In the case of paragraph (1) 1: Date of the expiration of the relevant 60 days (where the inspection period was extended pursuant to the proviso to Article 16 (3), it means the date on which the extended period expired); |
| 2. | In the case of paragraph (1) 2: Date on which the notice on the result of the relevant inspection or on the details of a request for measures is received; |
| 3. | In the case of paragraph (1) 3: Date on which the handling period designated when making a request for the relevant measures expires; |
| 4. | In the case of paragraph (1) 4: Date on which the notice on the result of the measures taken is received. |
| (5) | When the lawsuit falling under each subparagraph of paragraph (2) is pending, other residents shall not file a separate lawsuit for the same matters. |
| (6) | When the resident who has filed a lawsuit dies or loses the qualification for a resident under Article 12 while the lawsuit is pending, the proceedings of the lawsuit shall be suspended. The same shall also apply to the case where there is a litigation counsel. |
| (7) | Other residents who have affixed joint signatures on the request for inspection may succeed to the lawsuit proceedings within six months from the date on which he or she became aware of the occurrence of the causes under paragraph (6). If the succession procedures are not implemented within such period, the lawsuit shall be closed. |
| (8) | Where the lawsuit has been suspended pursuant to paragraph (6), the court shall notify, without delay, other residents who affixed joint signatures on the request for inspection, of the causes for suspension of the lawsuit proceedings and the method of succeeding to the lawsuit proceedings. In such cases, the court may deliver by mail its notice to the address stated on the request for inspection, and the residents who affixed joint signatures on the request for inspection shall be deemed to have become aware of the occurrence of the causes under paragraph (6) at the time the mail is normally expected to arrive. |
| (9) | The lawsuit under paragraph (2) shall fall under the jurisdiction of an administrative court having jurisdiction over the location of the office of the relevant local government (in the case of areas where no administrative court has been established, this means the principal court of district court having jurisdiction over cases belonging to the authority of an administrative court). |
| (10) | The head of the relevant local government shall file a request with the court for giving a notice of lawsuit to a third party where there is any third party who is likely to suffer infringement of rights or interest depending on the result of a lawsuit filed under paragraph (2) 1 through 3, or to the relevant employees, members of the local council or counter party where a lawsuit under paragraph (2) 4 has been filed. |
| (11) | Where a lawsuit has been filed under paragraph (2) 4, a request for a notice of lawsuit made by the head of local government shall be deemed the request under subparagraph 1 of Article 168 of the Civil Act concerning suspension of statute of limitation for a claim for damage compensation or return of unjust enrichment concerning the relevant lawsuit. |
| (12) | The suspension of statute of limitation under paragraph (11) shall not take effect unless judicial claims, participation in the bankruptcy proceedings, seizure or provisional seizure, or provisional disposition is made within six months from the date on which the said lawsuit is complete. |
| (13) | The State, higher local government, other residents who have affixed joint signatures on the request for inspection and the persons who received the notice of lawsuit under paragraph (10) may participate in the lawsuit pending in the court. |
| (14) | In the lawsuit under paragraph (2), the parties may not make the withdrawal of lawsuit, conciliation of lawsuit, or renunciation of request, unless he or she obtains permission therefor from the court. In such cases, before granting permission, the court shall notify it to the other residents who have affixed joint signatures on the request for inspection thereof, and shall make a decision as to whether or not to grant permission within one month from the time when the notice is provided. The provisions of the latter part of paragraph (8) shall apply mutatis mutandis to the said notice. |
| (16) | The residents who have filed the lawsuit may request the relevant local government to compensate for the lawsuit expenses, such as attorney fees, the travel expenses spent for the procedures for the request for inspection, and other actual expenses, where they have won the lawsuit (including a partial winning of the lawsuit). In such cases, the relevant local government shall pay the amount deemed as objectively spent for the relevant lawsuit within the scope of requested amount. |
| Article 18 (Request for Payment of Damage Compensation) |
| (1) | When a judgment ordering that a claim for damage compensation or return of unjust enrichment be made in a lawsuit filed under the main sentence of Article 17 (2) 4 becomes final and conclusive, the head of the competent local government (if the authority to perform the relevant affairs has been delegated to the head of an agency under his or her control, he or she shall mean the head of such agency; hereafter the same shall apply in this Article) shall make a claim for payment of damages or for return of unjust enrichment determined by the judgment, against the relevant party, within the period not exceeding 60 days from the date on which the relevant judgment becomes final and conclusive: Provided, That where the relevant party liable to pay the damages or to return the unjust enrichment is the head of the local government, the chairperson of the relevant local council shall make a claim for the said payment. |
| (2) | When the person who has received the claim for payment under paragraph (1) has failed to pay the damages or to return the unjust enrichment within the deadline prescribed in the same paragraph, the local government shall file a lawsuit with the purpose of claiming the damage compensation or return of the unjust enrichment. In such cases, where the counterpart of the said lawsuit is the head of the local government, the chairperson of the relevant local council shall represent the local government. |
| Article 19 (Order for Compensation) |
| (1) | When the adjudication of ordering a compensation concerning the lawsuit as referred to in the proviso to Article 17 (2) 4 is fixed, the head of the relevant local government shall order the relevant party to make a compensation of the amount as determined by the said adjudication, within the period not exceeding 60 days from the date on which the relevant adjudication is fixed. |
| (2) | When the person upon receipt of the compensation order referred to in paragraph (1) has failed to pay the compensation within the deadline prescribed in the same paragraph, it may be collected in the same manner as delinquent local taxes are collected. |
| (3) | When the person upon receipt of the compensation order referred to in paragraph (1) is dissatisfied therewith, he or she may file an administrative lawsuit: Provided, That he or she may not make a request for administrative appeal pursuant to the Administrative Appeals Act. |
| Article 20 (Summons by Residents) |
| (1) | Residents shall have the rights to summon the head of the competent local government and the members of the local council concerned (excluding the proportional representative members of the local council). |
| (2) | Persons entitled to request the vote for summons by residents, requirements for such request, procedure, validity, etc. thereof shall be separately prescribed by other Acts. |
| Article 21 (Duties of Residents) |
Residents shall have a duty to share the expenses of their local governments as prescribed by statutes.
CHAPTER III MUNICIPAL ORDINANCES AND MUNICIPAL RULES
| Article 22 (Municipal Ordinances) |
Local governments may establish municipal ordinances concerning their affairs within the scope of statutes: Provided, That in order for such local governments to prescribe matters concerning the restriction on rights of residents, the imposition of obligations on residents, or penalties, they shall have the authority delegated by Acts.
| Article 23 (Municipal Rules) |
The heads of local governments may establish municipal rules concerning affairs under their jurisdiction to the extent delegated by statutes or municipal ordinances.
| Article 24 (Limitation to Establishment of Municipal Ordinances and Municipal Rules) |
Ordinances and rules of Si/Gun/autonomous Gu shall not violate those of City/Do.
| Article 25 (Enforcement of Municipal Ordinances and Municipal Rules in Case of Establishment of Local Governments or Alteration of Levels Thereof) |
When a new local government is established or the level of a local government is altered as a result of dividing or consolidating local governments, the head of such local government may continue to enforce the previous municipal ordinances or municipal rules that has been enforced in the jurisdiction until new municipal ordinances or municipal rules concerning necessary matters are established and enforced.
| Article 26 (Procedures for Establishment of Municipal Ordinances and Municipal Rules) |
| (1) | When a local council passes, by a vote, a bill of municipal ordinance, the chairperson shall send it to the head of the local government within five days from the date on which the bill is passed. |
| (2) | When a bill of municipal ordinance as referred to in paragraph (1) is sent to the head of the local government, the head shall promulgate it within 20 days. |
| (3) | If the head of the local government has objection to the bill of municipal ordinance, he or she may return it to the local council within the period referred to in paragraph (2) with an explanation of the objection, and may request that it be reconsidered. In such cases, the head of the local government shall not request that part of the bill be reconsidered or propose any amendment to the bill. |
| (4) | If there is a request for reconsideration of a bill under paragraph (3), the local council shall reconsider it, and if the local council repasses the bill in its original form with the presence of a majority of the incumbent members and by an affirmative vote of at least two-thirds of the members present, the bill shall become a final municipal ordinance. |
| (5) | If the head of the local government fails to promulgate the bill or to ask the local council to reconsider it within the period referred to in paragraph (2), the bill shall become a final municipal ordinance. |
| (6) | The head of the local government shall, without delay, promulgate the municipal ordinance adopted under paragraphs (4) and (5). If the head of the local government fails to promulgate the municipal ordinance within five days after the final municipal ordinance has been adopted under paragraph (5) or after the final municipal ordinance adopted under paragraph (4) has been returned to the head of the local government, the chairperson of the local council shall promulgate it. |
| (7) | When the head of the local government has promulgated a municipal ordinance under paragraph (2) and the former part of paragraph (6), he or she shall immediately notify it to the chairperson of the relevant local council, and when the chairperson of the local council has promulgated a municipal ordinance under the latter part of paragraph (6), he or she shall immediately notify it to the head of the relevant local government. <Newly Inserted on Jul. 14, 2011> |
| (8) | Except as otherwise prescribed, municipal ordinances and municipal rules shall enter into force upon the lapse of the twentieth day following the date of their promulgation. <Amended on Jul. 14, 2011> |
| (9) | Matters necessary for the promulgation of municipal ordinances and municipal rules shall be prescribed by Presidential Decree. <Amended on Jul. 14, 2011> |
| Article 27 (Administrative Fines for Violation of Municipal Ordinance) |
| (1) | A local government may determine, by municipal ordinance, administrative fines in an amount not exceeding 10 million won for a violation of the municipal ordinance. |
| (2) | The administrative fines under paragraph (1) shall be imposed and collected by the head of the competent local government, or the head of the relevant local government in the area under his or her jurisdiction. <Amended on Apr. 1, 2009> |
| (3) | Deleted. <Apr. 1, 2009> |
| (4) | Deleted. <Apr. 1, 2009> |
| (5) | Deleted. <Apr. 1, 2009> |
In the event of establishment, revision or abolition of a municipal ordinance or a municipal rule, within five days from the date of transfer by the relevant local council in the case of the municipal ordinance, and 15 days before the expected date of promulgation in the case of the municipal rule, the Mayor/Do Governor shall report it to the Minister of the Interior and Safety, and the head of a Si/Gun/autonomous Gu shall report it to the Mayor/Do Governor, respectively, with the full text of the municipal ordinance or municipal Rule attached thereto, and the Minister of the Interior and Safety shall, upon receipt of the report, notify it to the head of the competent central administrative agency. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
| Article 29 (Enactment of Acts concerning Local Elections) |
Necessary matters concerning local elections excluding those as prescribed by this Act shall be separately prescribed by other Acts.
| Article 30 (Establishment of Local Councils) |
A local council shall be established as a representative body for residents in a local government. <Amended on Jan. 21, 2014>
| Article 31 (Election of Local Council Members) |
Members of local councils shall be elected by a residents’ universal, equal, direct and secret vote.
SECTION 2 Local Council Members
| Article 32 (Terms of Office of Local Council Members) |
The terms of office of local council members shall be four years, respectively.
| Article 33 (Expenses for Parliamentary Activities of Members) |
| (1) | The local council members shall be paid the expenses falling under any of the following subparagraphs: |
| 1. | Expenses for parliamentary activities to be paid monthly to make up for those required for collection and research of parliamentary materials and for their auxiliary activities; |
| 2. | Travel expenses paid for official duties by resolution of the plenary session or the committees, or by the order of the chairperson of the local council; |
| 3. | Monthly allowances paid for business activities of the local council members. |
| (2) | The criteria for payment of the expenses as referred to in each subparagraph of paragraph (1) shall be prescribed by ordinance of the competent local government within the amount of money determined by the deliberation committee on parliamentary expenses of the relevant local government within the extent prescribed by Presidential Decree. <Amended on Apr. 1, 2009> |
| (3) | Matters necessary for composition, operation, etc. of the deliberation committee on parliamentary expenses shall be prescribed by Presidential Decree. |
| Article 34 (Compensation for Injury or Death) |
| (1) | If a local council member has his or her body injured, or dies, due to any duty during the session (including the duties of the committees opened under Article 61, and any official travel during an adjournment of session by resolution of the plenary session or the committees, or by the order of the chairperson), or if he or she has died due to a disease caused by such injury or such duty, compensation may be paid. <Amended on Apr. 18, 2017> |
| (2) | The criteria for payment of the compensation as referred to in paragraph (1) shall be prescribed by ordinance of the competent local government within the scope prescribed by Presidential Decree. |
| Article 35 (Prohibition of Holding Concurrent Offices) |
| (1) | No member of local council may concurrently hold any office falling under any of the following subparagraphs: <Amended on Apr. 1, 2009> |
| 1. | A member of the National Assembly or a member of another local council; |
| 2. | A judge of the Constitutional Court or a commissioner of each election commission; |
| 4. | Officers and employees of public agencies (including the Korean Broadcasting System, Korea Educational Broadcasting System, and the Bank of Korea) as provided for in Article 4 of the Act on the Management of Public Agencies; |
| 6. | Officers and employees of agricultural cooperatives, fisheries cooperatives, forestry cooperatives, tobacco producers cooperatives, credit unions, and community credit cooperatives (including each central organization and federation thereof) or the president of each central organization or federation thereof; |
| 8. | The office holding a position as public official under other statutes; |
| 9. | The office of not being allowed to concurrently hold other office, as provided for by other Acts. |
| (2) | Where a teacher eligible for membership of a political party under Article 22 of the Political Parties Act is elected as a local council member, he or she shall temporarily step down from his or her post as a teacher during his or her tenure of office. <Newly Inserted on Apr. 1, 2009> |
| (3) | Where a local council member holds office other than those falling under any subparagraphs of paragraph (1) before being elected, he or she shall report it in writing to the chairperson of the local council, within one month after the commencement of his or her term of office, or within 15 days after his or her inauguration where he or she takes such office during his or her term of office, and the methods and procedures thereof shall be prescribed by municipal ordinance of the relevant local government. <Newly Inserted on Apr. 1, 2009> |
| (4) | Where a local council member’s holding another office is deemed to violate the provisions of Article 36 (2), the chairperson of the local council may recommend the local council member to resign from the office. <Newly Inserted on Apr. 1, 2009> |
| (5) | Local council members shall not engage in commercial transactions with the relevant local governments or public organizations for making a profit, nor become a transferee or manager of facilities or properties related thereto. <Amended on Apr. 1, 2009> |
| (6) | Local council members shall not engage in profit-making acts related to their duties in the standing committee under their jurisdiction, and the scope shall be prescribed by ordinance of the competent local government. <Newly Inserted on Apr. 1, 2009> |
| Article 36 (Obligations of Council Members) |
| (1) | Local council members shall give first priority to public interest and shall perform their duties faithfully according to conscience. |
| (2) | Local council members shall have the duty to remain honest and shall maintain their integrity and dignity as council members. |
| (3) | Local council members shall not abuse their office to acquire, or to intervene to help others acquire, rights or interests to property or offices under contracts with local governments, public organizations or enterprises or by their disposition. |
| Article 37 (Notification of Arrest of Council Members and Final and Conclusive Judgment) |
| (1) | If a local council member is arrested or confined, the head of the investigating agency concerned shall notify it without delay to the chairperson of the local council concerned with a copy of the warrant attached. |
| (2) | If a local council member has been prosecuted in a criminal case and its judgment has become final and conclusive, the head of the competent court shall without delay notify it to the competent council’s chairperson. |
| Article 38 (Responsibilities of Local Council) |
| (1) | Local councils shall lay down municipal ordinances on the ethics code and the code of practical ethics that the council members are required to observe. |
| (2) | Local councils shall endeavor to have the council members secure professionalism necessary for activities of the council. |
| Article 39 (Matters for Resolution by Local Councils) |
| (1) | Local councils shall resolve the following matters: |
| 1. | Legislation, amendment and repeal of municipal ordinances; |
| 2. | Deliberation and determination of budgets; |
| 3. | Approval for settlement of accounts; |
| 4. | Imposition and collection of user fees, fees, contributions, local taxes or admission fees other than those prescribed by statutes; |
| 5. | Establishment and operation of funds; |
| 6. | Acquisition and disposal of important property prescribed by Presidential Decree; |
| 7. | Installation and disposal of public facilities prescribed by Presidential Decree; |
| 8. | Burden sharing from extra-budgetary resources or waiver of a right, other than those prescribed by statutes and municipal ordinance; |
| 9. | Acceptance and handling of petitions; |
| 10. | Matters concerning exchanges and cooperation with foreign local governments; |
| 11. | Other matters falling within their authority under statutes. |
| (2) | Local governments may separately determine matters that shall be resolved by a local council in accordance with municipal ordinance other than those prescribed in paragraph (1). |
| Article 40 (Demand for Submission of Documents) |
| (1) | The plenary session or the committees of a local council may demand by their resolution that the head of the local government concerned submit documents directly related to the deliberation of items on the agenda. |
| (2) | When the committees make a demand as referred to in paragraph (1), it shall be reported to the chairperson. <Amended on Jul. 14, 2011> |
| (3) | If any council member demands to submit documents during an adjournment session, the chairperson may demand therefor, notwithstanding paragraph (1). <Newly Inserted on Jul. 14, 2011> |
| (4) | Demand for the submission of documents under paragraph (1) may be made to submit them in the state of being recorded in writing or electronic document, magnetic tape, computer disc, or other similar recording mediums or in the state entered into a computer network. <Newly Inserted on Jul. 14, 2011> |
| Article 41 (Authority to Inspect and Investigate Administrative Affairs) |
| (1) | A local council may conduct once each year an inspection of affairs of the local government concerned for a period not exceeding 14 days in the case of City/Do, and nine days in the case of Si/Gun/autonomous Gu, and may require the plenary session or the committee to investigate any specific matters of the affairs of the local government by a resolution of the plenary session. <Amended on Jul. 14, 2011> |
| (2) | If any council member wishes to propose an investigation under paragraph (1), he or she shall do it in writing specifying the reason, and it shall require joint signatures of at least one-third of the incumbent council members. |
| (3) | Except for the affairs requiring direct inspection of the National Assembly and the City/Do council, the inspection of the State affairs and the City/Do affairs performed by a local government and the head of the local government under delegation of authority may be carried out by the City/Do council and the Si/Gun/autonomous Gu council concerned, respectively. In such cases, the National Assembly and the City/Do council may require the local council concerned to submit necessary materials with respect to the result of such inspection. |
| (4) | If necessary for the inspection or investigation as referred to in paragraph (1) and the inspection as referred to in paragraph (3), it is possible to make an on-site confirmation, or to demand the submission of documents, and to have the head of the local government or the public official concerned, or a person related to such affairs, appear at the inspection and give a testimony after taking an oath as a witness, or state an opinion as a reference witness. |
| (5) | A person who gives false testimony in the testimony under paragraph (4) may be accused, and if the person who has received a request for submission of documents under paragraph (4) fails to submit them within the given time limit without good cause, or if the witness who is requested to appear under the same paragraph fails to appear, or refuses to take an oath or to give a testimony, without good cause, he or she may be subject to the imposition of an administrative fine in an amount not exceeding five million won. <Amended on Jul. 14, 2011> |
| (6) | The procedures for imposing an administrative fine under paragraph (5) shall be governed by Article 27. |
| Article 41-2 (Process for Inspection or Investigation of Administrative Affairs) |
| (1) | A local council shall deal with the results of inspection or investigation by the resolutions of the plenary session. |
| (2) | When any causes for correction by the relevant local government or agency are found as a result of inspection or investigation, a local council shall demand the correction thereof, and the matters which are deemed proper to be dealt with by the local government or agency shall be transferred to such local government or agency. |
| (3) | A local government or an agency shall, without delay, deal with the matters, the correction of which is demanded or which are transferred under paragraph (2), and make a report on the result thereof to the local council. |
[This Article Newly Inserted on Jul. 14, 2011]
| Article 42 (Reporting on Status of Handling Administrative Affairs and Answering Questions) |
| (1) | The head of a local government or any relevant public official may attend meetings of a local council or its committees to report on the status of handling administrative affairs, state his or her opinion, and answer questions. |
| (2) | Upon receipt of a request from a local council or its committees, the head of a local government or any relevant public official shall appear and answer to questions: Provided, That if there is any special reason, the head of the local government may require the relevant public official to appear and answer to questions. |
| (3) | Relevant public officials eligible to attend meetings of local councils and committees thereof and answer the questions pursuant to paragraph (1) or (2) shall be prescribed by municipal ordinance. |
| Article 43 (Local Council Rules) |
Local councils may prescribe by rules matters necessary for internal management other than those prescribed by this Act.
SECTION 4 Convocation and Sessions
| Article 44 (Regular Sessions) |
| (1) | Local councils shall hold a regular session twice a year. |
| (2) | The assembly date of regular sessions and other matters necessary for the operation of regular sessions shall be prescribed by ordinance of the relevant local government, as prescribed by Presidential Decree. |
| Article 45 (Extraordinary Session) |
| (1) | The extraordinary session to be held for the first time after a general election shall be convened by the secretary-general, director general or director of the local council concerned within 25 days after the terms of office of local council members commence. |
| (2) | The chairperson of a local council shall convene an extraordinary session within 15 days after receiving a request from the head of the local government or from at least one-third of the incumbent council members: Provided, That if the chairperson or vice chairperson is unable to convene the extraordinary session due to an accident, it may be convened by the most frequently elected member from among the council members, or if there are two or more of the most frequently elected members whose frequencies are equal, by the older member in the order of age among them. <Amended on Jul. 14, 2011> |
| (3) | The convening of an extraordinary session shall be publicly announced at least three days in advance before the opening of the session: Provided, That this shall not apply in case of urgency. <Amended on Jul. 14, 2011> |
| Article 46 (Announcement of Agenda Referred to for Discussion) |
Any item on the agenda to be referred to local councils for discussion by the heads of local governments shall be announced in advance by the heads of local governments: Provided, That the foregoing shall not apply when items shall be referred to for discussion urgently during a meeting.
| Article 47 (Opening, Adjourning and Closing Meetings and Number of Days in Session) |
| (1) | Local councils shall determine by resolution as to whether to open, adjourn, and close their meetings and sessions. |
| (2) | The total number of days when the council is in session and the term of an ordinary session and of an extraordinary session shall be prescribed by ordinance of the relevant local government. |
SECTION 5 Chairperson and Vice-Chairperson
| Article 48 (Election and Term of Office of Chairperson and Vice-Chairperson) |
| (1) | A local council shall select by a secret vote one chairperson and two vice-chairpersons in the case of City/Do, and one chairperson and one vice-chairperson in the case of Si/Gun/autonomous Gu, from among the members of the local council. |
| (2) | The first time election of chairperson and vice-chairpersons since a general election shall be conducted on the date of the first assembly. <Newly Inserted on Jul. 14, 2011> |
| (3) | The respective terms of office of the chairperson and vice-chairpersons shall be two years. <Amended on Jul. 14, 2011> |
| Article 49 (Duties of Chairpersons) |
The chairperson of a local council shall represent the local council, arrange the proceedings, maintain order in the council chamber and supervise the affairs of the council.
| Article 50 (Attending and Speaking at Committee Meetings by Chairpersons) |
The chairperson of a local council may attend and speak at the committee meetings.
| Article 51 (Vice-Chairpersons Acting on Behalf of Chairpersons) |
When the chairperson of a local council is unavailable due to an accident, the vice-chairperson shall stand in for the chairperson.
| Article 52 (Acting Chairpersons) |
If both of the chairperson and vice-chairperson of a local council are unavailable due to an accident, an acting chairperson shall be elected to stand in for the chairperson.
| (1) | A by-election shall be held to fill any vacancy occurring in the absence of either of a chairperson or vice-chairperson of a local council. |
| (2) | The term of a chairperson or vice-chairperson elected at a by-election shall serve for the remaining term of his or her predecessor. |
| Article 54 (Acting for Chairperson at Election of Chairperson) |
When there is no person to perform the duties of the chairperson in the event of an election conducted pursuant to Article 48 (1), 52, or 53 (1) (hereafter referred to as "election of chairperson, etc." in this Article), the council member who, of the members present at the session concerned, has been elected the most times, shall perform such duties; if there are two or more of the most frequently elected members whose frequencies are equal, the older member shall perform such duties. In such cases, if the council member responsible for such duties fails to perform the duties of conducting the election of chairpersons, etc. without good cause, a council member of next priority shall act on his or her behalf. <Amended on Jul. 14, 2011>
| Article 55 (Vote of No-Confidence in Chairperson) |
| (1) | When the chairperson or vice-chairperson of a local council violates statutes or fails to perform his or her duties without good cause, the local council may adopt a resolution of no-confidence. |
| (2) | The vote of no-confidence under paragraph (1) shall be passed on a motion submitted by at least one-fourth of the incumbent members and with an affirmative vote of a majority of the incumbent members. |
| (3) | When a vote of no-confidence under paragraph (2) is approved, the chairperson or vice-chairperson shall be relieved of his or her post. |
| Article 56 (Establishment of Committees) |
| (1) | Committees may be established in local councils as prescribed by municipal ordinance. |
| (2) | The committees of a local council shall be classified into the following two categories: Standing committees that examine and handle items on the agenda under jurisdiction, petitions, etc., and Extraordinary committees that temporarily examine and handle specific items on the agenda. |
| (3) | The members of committees shall be elected at plenary meetings. |
| Article 57 (Special Ethical Committee) |
A special ethical committee may be established to examine matters concerning ethics of council members and disciplinary actions initiated against them.
| Article 58 (Authority of Committees) |
Committees shall examine items on the agenda which fall within the jurisdiction thereof, petitions, etc., or specific items on the agenda which are delegated by local councils.
| Article 59 (Specialized Committee Members) |
| (1) | The committee shall have members with expertise, other than council members (hereinafter referred to as "specialized committee members"), in order to assist the chairperson and council members for autonomous legislative activities. |
| (2) | Specialized committee members shall examine items on the agenda, petitions, etc. in the committees, audit and inspect administrative affairs, make an examination report with regard to other matters under jurisdiction, and collect, inspect and study the relevant materials. |
| (3) | Necessary matters regarding the class, fixed number, etc. of specialized committee members in the committees shall be prescribed by Presidential Decree. |
| Article 60 (Attending Committee Meetings) |
| (1) | Those who are not a member of the relevant local council may sit in on council meetings with chairperson's permission. |
| (2) | The chairperson may order visitors to leave the council chamber, when necessary to maintain order. |
| Article 61 (Opening of Committee Meetings) |
| (1) | Committee meetings shall be held when a plenary session passes a resolution, the chairperson deems it necessary, or at least one-third of the incumbent members of the committee request it. |
| (2) | The head of a local government may also request holding of a committee meeting during adjournment of sessions to the chairperson by submitting the reason therefor. |
[This Article Wholly Amended on Jul. 14, 2011]
| Article 62 (Municipal Ordinances concerning Committees) |
Matters necessary for committees in addition to those prescribed by this Act shall be prescribed by municipal ordinance.
| Article 63 (Proceeding Quorum) |
| (1) | Local councils shall open with the presence of at least one-third of the incumbent members. |
| (2) | If a meeting fails to meet a quorum under paragraph (1), the chairperson shall suspend the meeting or declare the adjournment thereof. |
| Article 64 (Quorum for Resolution) |
| (1) | Unless otherwise expressly prescribed by this Act, matters for resolution shall be passed by the attendance of a majority of the registered members and with the approval of a majority of the members present. |
| (2) | The chairperson shall have the right to vote; if the concurring votes and the dissenting votes are equal, the agenda shall be deemed to have been voted down. |
| Article 64-2 (Calling Vote) |
| (1) | When a local council puts an agenda item to a vote, the chairperson shall declare the title of such agenda item in his or her chair; when the chairperson calls the vote, no one may speak on the agenda item. |
| (2) | When voting has finished, the chairperson shall declare the result of the vote in the chair. |
[This Article Newly Inserted on Apr. 1, 2009]
| Article 65 (Open Session) |
| (1) | Meetings of a local council shall be open to the public: Provided, That such meetings may be closed to the public when a resolution for a closed session has been passed at the meetings by an affirmative vote of at least two-thirds of the members present on the motion of at least three council members, or when the chairperson deems it necessary in order to maintain peace and order in society. <Amended on Jul. 14, 2011> |
| (2) | The chairperson shall provide the due convenience to the physically handicapped persons who have acquired the permission for admission to open sessions. <Newly Inserted on Jul. 14, 2011> |
[Title Amended on Jul. 14, 2011]
| Article 66 (Proposition of Bills) |
| (1) | Bills to be resolved at a meeting of a local council shall be proposed by the head of the local government, or by the joint signatures of at least one-fifth of the incumbent members or, at least 10 council members. |
| (2) | A committee may present bills on matters regarding its duties. |
| (3) | The bills as referred to in paragraphs (1) and (2) shall be presented to the chairperson in due form. |
| (4) | When council members propose a bill for municipal ordinance pursuant to paragraph (1), members concerned shall be classified into those who propose and those who advocate it, and the names of the members who propose it shall be stated as a subtitle under the title of such bill: Provided, That where at least two members make the proposal, the name of one representative of the members shall be stated. <Newly Inserted on Jul. 14, 2011> |
| (5) | If a bill of enacted or wholly amended municipal ordinance, proposed by a council member, is resolved by a local council, the subtitle of the relevant bill of the municipal ordinance may be stated together when it is promulgated or publicized. <Newly Inserted on Jul. 14, 2011> |
| Article 66-2 (Pre-Announcement of Bill of Municipal Ordinance) |
| (1) | With respect to a bill of municipal ordinance subject to examination, the local council may issue a pre-announcement of the purpose, important matters and the full text by means of publishing them in a gazette or website, etc. for a fixed period of at five days. |
| (2) | Methods, procedures and other matters necessary for the pre-announcement of a bill of municipal ordinance shall be prescribed by a meeting rule. |
[This Article Newly Inserted on Jul. 14, 2011]
| Article 66-3 (Submission of Data of Estimated Expenses relating to Bill) |
| (1) | Where the head of a local government proposes a bill that involves any budgetary or funding measures, a written estimate of the expenses which are expected to be involved in the implementation of the bill and the data relating to the method of securing the fund corresponding thereto shall be appended to the bill. |
| (2) | Matters necessary for the estimation of the expenses and the procedures, etc. for preparation and submission of the data relating to the method of securing the fund under paragraph (1) shall be prescribed by ordinance of the relevant local government. |
[This Article Newly Inserted on Jul. 14, 2011]
| Article 67 (Principle of Continuity of Session) |
No item on the agenda submitted to a local council may be scrapped on the ground that it has not been resolved in session: Provided, That the foregoing shall not apply where the terms of office for council members expire.
| Article 68 (Principle of Not Deliberating Same Agenda Twice during Same Session) |
No agenda voted down at a local council may be again proposed or submitted during the same session.
| Article 69 (Agenda Scrapped at Committees) |
| (1) | No agenda decided by a committee as unnecessary to be put to a plenary meeting may be put to the plenary meeting: Provided, That where at the request of the chairperson or at least one-third of the incumbent council members within seven days from the date such decision of the committee is reported to the plenary meeting excluding the period during which the session is closed or in recess, such agenda shall be put to the plenary meeting. |
| (2) | In the absence of the request under the proviso to paragraph (1), such agenda shall be scrapped. |
| Article 70 (Abstaining from Chairperson or Council Members) |
The chairperson or any member of a local council shall not participate in the decision process regarding the agenda in which he or she, his or her spouse, lineal ascendant or descendant, or sibling has a direct stake: Provided, That he or she may attend meetings of a local council and speak on the agenda with the approval from the council.
| Article 71 (Meeting Rules) |
Local councils shall prescribe necessary matters by meeting rules other than those prescribed by this Act.
| (1) | Local councils shall prepare the minutes for meetings in which the progress details and outcomes of such meetings and the names of council members present shall be stated. |
| (2) | The chairperson and at least two council members elected at a local council shall sign the minutes of meetings. |
| (3) | The chairperson shall notify the head of such local government of the results of such meetings along with a copy of the minutes for meetings. |
| (4) | The minutes for meetings shall be distributed to council members: Provided, That where matters on which the chairperson deems it necessary to keep confidential or the local council resolves to keep confidential shall not be made public. |
| Article 73 (Submission of Petitions) |
| (1) | A person who intends to file a petition with a local council shall submit a written petition after being introduced to the local council by a local council member. |
| (2) | A petitioner shall state his or her name (in the case of a juristic person, its name and representative’s name) and address in a written petition, and put the name and signature therein. |
| Article 74 (Non-Acceptance of Petitions) |
When the content of a petition interferes with a trial or violates statutes, such petition shall not be accepted.
| Article 75 (Examination and Handling of Petitions) |
| (1) | The chairperson of a local government shall, in receipt of a petition, refer it to a relevant committee or plenary meeting for examination. |
| (2) | The council member who introduces a petition shall explain the gist of the petition at the request of a relevant committee or plenary meeting. |
| (3) | When the committee determines that it is unnecessary to refer a petition to a plenary meeting after the examination, it shall report the results of such handling to the chairperson, who in turn shall notify the petitioner thereof. |
| Article 76 (Transfer of Petitions and Reporting on Handling) |
| (1) | The petition which a local council has adopted and which it is deemed appropriate for the head of a local government to handle shall be transferred to the head of the local government, along with a statement of opinion. |
| (2) | The head of a local government shall handle the petition under paragraph (1) and immediately report the results of such handling to the local council. |
SECTION 9 Resignation and Retirement of Council Members and Examinations of Qualifications
| Article 77 (Resignation of Council Members) |
A local council may allow the council members to resign by resolution: Provided, That when the local council is in recess, the chairperson may do so.
| Article 78 (Retirement of Council Members) |
Where a local council member falls under any of the following, he or she shall automatically retire from the office of the council member:
| 1. | Where he or she assumes another office that a local council member is not permitted to hold concurrently; |
| 2. | Where he or she becomes ineligible for being elected (including cases where he or she transfers his or her resident registration to the outside of the jurisdiction of the relevant local government for any reason other than the alteration, abolishment, or consolidation of the district of the local government); |
| 3. | Where he or she is dismissed from membership as a result of a disciplinary measure. |
| Article 79 (Examinations of Council Members’ Qualifications) |
| (1) | Any member of the local council who has objection to another member's qualification may request the chairperson to examine his or her qualification under the joint signature of at least one-fourth of the incumbent members. |
| (2) | A member subject to examination may attend the meeting for the examination of his or her qualification to justify himself or herself, but shall not participate in the vote. |
| Article 80 (Resolution Disqualifying Members) |
| (1) | A resolution to disqualify a council member subject to examination under Article 79 (1) shall require an affirmative vote of at least two-thirds of the incumbent members. |
| (2) | No council member subject to examination may lose his or her post until the forfeiture of qualification becomes finalized as prescribed in paragraph (1). |
| Article 81 (Notification of Vacancy) |
When the office of any member of the local council becomes vacant, the chairperson shall give notice thereof to the head of the local government and the competent regional election commission within 15 days thereafter.
| Article 82 (Maintenance of Order in Meetings) |
| (1) | If any member of the local council makes any inappropriate remarks or commits any act in violation of this Act or meeting rules at the chamber for a plenary meeting or the committees and thus disturbs the order of the chamber, the chairperson or committee chairperson may warn or restrain the member or orders him or her to retract such remarks. |
| (2) | When any member refuses to obey the directive under paragraph (1), the chairperson or committee chairperson may prohibit the member from speaking again until the sitting is over, order him or her to leave the chamber. |
| (3) | When difficult to maintain order due to disturbance at the chamber, the chairperson or committee chairperson may declare the suspension or adjournment of the sitting. |
| Article 83 (Prohibition of Insulting Remarks) |
| (1) | No member of the local council may insult other persons nor make a remark about another person's privacy at plenary meetings or committees. |
| (2) | Any member who has been insulted at plenary meetings or committees may request the local council to take a disciplinary action against the member who has insulted him or her. |
| Article 84 (Prohibition from Interruption of Remarks) |
Any member of the local council shall neither use violence nor cause a disturbance in session, thereby interrupting another person in making a remark, and he or she shall not step onto the podium or platform without permission from the chairperson or committee chairperson.
| Article 85 (Control of Visitors) |
| (1) | Visitors are requested not to express approval or disapproval of any agenda item or otherwise cause a disturbance. |
| (2) | The chairperson may order any visitor who disturbs the order of the chamber to leave the chamber, or direct that he or she be handed over to the police, if necessary. |
| (3) | If the public gallery is noisy, the chairperson may let all visitors leave the chamber. |
| (4) | Matters necessary for the control of visitors other than those prescribed in paragraphs (1) through (3) shall be prescribed by meeting rules. |
SECTION 11 Disciplinary Measures
| Article 86 (Grounds for Disciplinary Measures) |
The local council may take a disciplinary action, against any member who commits an act in violation of this Act or local laws and regulations, by a resolution.
| Article 87 (Request for Disciplinary Measure) |
| (1) | If a request for a disciplinary action is filed against any member subject to the disciplinary action under Article 86, the chairperson of the local council shall refer such request to the special ethical committee or the plenary meeting. |
| (2) | Where a member who has been insulted intends to file a request for a disciplinary action against a member who has violated Article 83 (1), he or she shall submit to the chairperson a written request stating the grounds for a disciplinary measure. |
| (3) | The chairperson shall, upon receipt of the request for a disciplinary action under paragraph (2), refer such request to the special ethical committee or plenary meeting. |
| Article 88 (Categories and Resolutions of Disciplinary Measures) |
| (1) | Disciplinary measures are classified into the following categories: |
| 1. | Warning in the open meeting; |
| 2. | Apologizing in the open meeting; |
| 3. | Suspension of attendance for up to 30 days; |
| (2) | Expulsion shall require the approval of more than two-thirds of the registered council members. |
| Article 89 (Meeting Rules concerning Disciplinary Measures) |
Necessary matters concerning the disciplinary measures other than those prescribed by this Act shall be prescribed by meeting rules.
SECTION 12 Secretariat and Staff
| Article 90 (Establishment of Secretariat) |
| (1) | A secretariat may be established in the City/Do councils, as prescribed by municipal ordinance, to handle administrative affairs, and the secretariat may hire the secretary-general and the staff. |
| (2) | An executive office or office may be established in the Si/Gun/Autonomous Gu councils, as prescribed by municipal ordinance, to handle administrative affairs, and the executive office or office may hire the head of the executive office or office and the staff. |
| (3) | The posts of secretary general, head of executive office, head of office, and employee (hereafter referred to as "office staff" in this Section) under paragraphs (1) and (2) shall be local public officials. |
| Article 91 (Fixed Number and Appointment of Office Staff) |
| (1) | The fixed number of office staff to be employed by the local council shall be prescribed by municipal ordinance. |
| (2) | The office staff shall be appointed by the head of the relevant local government as recommended by the chairperson of local council: Provided, That the head of a local government shall delegate authority to appoint any of the following, from among the office staff to the posts of secretary general, head of executive office or head of office in the local council: <Amended on Dec. 11, 2012; Jul. 16, 2013> |
| 1. | Public officials in extraordinary civil service; |
| 3. | Public officials in general service prescribed by Presidential Decree. |
| Article 92 (Duties and Guarantee of Status of Office Staff) |
| (1) | The secretary general, head of executive office or head office in the local council shall handle administrative affairs of the local council by order of the chairperson. |
| (2) | The Local Public Officials Act shall apply to the appointment, remuneration, service, guarantee of status, etc. of the office staff and disciplinary measures thereagainst other than those prescribed by this Act. |
CHAPTER VI EXECUTIVE ORGANS
SECTION 1 Head of Local Government
Subsection 1 Status
| Article 93 (Head of Local Government) |
A Special Metropolitan City Mayor shall be designated for the Special Metropolitan City; a Metropolitan City Mayor for each Metropolitan City; a Special Self-Governing City Mayor for each Special Self-Governing City; a Do Governor for each Do; a Special Self-Governing Province Governor for each Special Self-Governing Province; and the head of a Si/Gun/Gu for each Si, Gun and autonomous Gu, respectively. <Amended on May 30, 2011>
| Article 94 (Election of Head of Local Government) |
The head of a local government shall be elected by a universal, equal, direct and secret vote of residents.
| Article 95 (Term of Office of Head of Local Government) |
The term of office of the head of a local government shall be four years, and he or she may continue to hold office for the maximum three terms.
| Article 96 (Restriction on Concurrent Holding of Office) |
| (1) | No head of a local government may hold concurrently any office falling under any of the following subparagraphs: <Amended on Apr. 1, 2009> |
| 1. | The President, a member of the National Assembly, a judge of the Constitutional Court, a member of each election commission, or a member of a local council; |
| 3. | An office that has the status of a public official pursuant to the provisions of other statutes; |
| 5. | Officers and employees of agricultural cooperatives, fisheries cooperatives, forestry cooperatives, tobacco producers cooperatives, credit unions, and community credit cooperatives (including each central organization and federation thereof); |
| 8. | Any other office, as prescribed by other Acts, which may not be held concurrently. |
| (2) | The head of a local government shall not, during his or her term of office, engage in transactions for a commercial purpose with the local government concerned, or engage in a profit-making business related with the competent local government. |
| Article 97 (Abolition, Establishment, Division and Consolidation of Local Government, and Head of Local Government) |
Where the head of a local government is to be newly elected due to abolition, establishment, division or consolidation of the local government, the Minister of the Interior and Safety shall designate the person who will act for the Mayor/Do Governor, and the Mayor/Do Governor shall designate the person who will act for the head of the Si/Gun/autonomous Gu, respectively, until the head of the local government is elected: Provided, That if two or more local governments of the same level are integrated or abolished to form a new local government, the person acting for the head of such local government shall be designated from among the heads of the previous local governments. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
| Article 98 (Resignation of Head of Local Government) |
| (1) | If the head of a local government wishes to resign from his or her office, he or she shall provide a prior written notice indicating the date of resignation (hereinafter referred to as "resignation notice") to the chairperson of the local council concerned. |
| (2) | The head of the local government shall be made to resign on the date indicated on the resignation notice: Provided, That where the resignation notice has not been made to the chairperson of the local council by the resignation date indicated on the resignation notice, he or she shall be made to resign on the day when the resignation notice is made to the chairperson of the local council. |
| Article 99 (Retirement of Head of Local Government) |
If the head of a local government falls under any of the following, he or she shall automatically retire from his or her office:
| 1. | Where he or she assumes another office that the head of a local government is not permitted to hold concurrently; |
| 2. | Where he or she becomes ineligible for being elected (including cases where he or she has transferred his or her resident registration to the outside of the jurisdiction of the local government for any reason other than the alteration, abolishment, or consolidation of the district of the local government); |
| 3. | Where he or she loses the office of the head of the local government under Article 97. |
| Article 100 (Notification of Arrest and Final and Conclusive Judgment of Head of Local Government) |
| (1) | Where the head of a local government has been arrested or detained, the head of the criminal investigation agency concerned shall without delay notify it to the competent local government with a copy of warrant attached. In such cases, the local government so notified shall immediately report it to the Minister of the Interior and Safety. Where a Si/Gun/autonomous Gu reports it to the Minister of the Interior and Safety, it shall go through the competent Mayor/Do Governor. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | If the head of the local government is prosecuted for a criminal case and its judgment becomes final and conclusive, the head of the competent court shall without delay notify it to the competent local government. In such cases, the local government so notified shall immediately report it to the Minister of the Interior and Safety. Where a Si/Gun/autonomous Gu reports it to the Minister of the Interior and Safety, it shall go through the competent Mayor/Do Governor. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
Subsection 2 Authority
| Article 101 (Authority to Govern and Represent Local Governments) |
The head of a local government shall represent the local government, and exercise general supervision over its affairs.
| Article 102 (Delegation of State Affairs) |
Except as otherwise prescribed by statutes, the State affairs carried out in a City/Do and a Si/Gun/autonomous Gu shall be delegated to the Mayor/Do Governor and the head of the competent Si/Gun/autonomous Gu for their performance.
| Article 103 (Authority of Administration and Performance of Affairs) |
The head of a local government shall administer and perform the affairs of the competent local government and the affairs delegated to the head of the local government by statutes.
| Article 104 (Delegation of Affairs) |
| (1) | The head of a local government may delegate part of the affairs within his or her competence to its auxiliary organizations, administrative agencies under its control, and subordinate administrative organizations as prescribed by municipal ordinance or municipal rule. |
| (2) | The head of the local government may delegate or entrust part of the affairs within his or her competence to the competent local government, or a public institution or its organization (including its office and branch office), as prescribed by municipal ordinance or municipal rule. |
| (3) | The head of the local government may entrust a juristic person, an institution or its organization or an individual, with such affairs of those within his or her competence, as unrelated directly to the rights and duties of residents, such as investigation, inspection, official approval, and management affairs, as prescribed by municipal ordinance or municipal rule. |
| (4) | Where the head of the local government intends to re-delegate or re-entrust part of any delegated or entrusted affairs under paragraphs (1) through (3), he or she shall obtain prior approval from the head of the institution who has delegated or entrusted such affairs. |
| Article 105 (Authority for Appointment or Dismissal of Personnel) |
The head of a local government shall direct and supervise personnel under his or her control and handle matters concerning the appointment, dismissal, education and training, service, disciplinary actions, etc. as prescribed by statutes, municipal ordinances and municipal rules.
| Article 106 (Transfer of Duties) |
If the head of a local government wishes to resign from his or her office, he or she shall hand over all the affairs within his or her competence to his or her successor.
Subsection 3 Relationship with Local Council
| Article 107 (Request for Reconsideration of Local Council’s Resolution and Filing of Lawsuit) |
| (1) | If a resolution of a local council is deemed to exceed its powers, to violate statutes, or to be significantly detrimental to the public interest, the head of the competent local government may make a request for reconsideration, specifying the reasons therefor, within 20 days from the date when the resolution is transferred. |
| (2) | If a resolution identical to a preceding one is adopted with presence of a majority of the incumbent members of the local council and by an affirmative vote of at least two-thirds of the members of the local council present as a result of reconsideration in response to a request as referred to in paragraph (1), the resolution shall become final. |
| (3) | If the head of the local government deems the matters resolved again under paragraph (2) to be in violation of statutes, he or she may file a lawsuit with the Supreme Court. In such cases, the provisions of Article 172 (3) shall apply mutatis mutandis. |
| Article 108 (Request for Reconsideration of Resolution Which can Not be Executed Due to Budget Constraints) |
| (1) | If a resolution of a local council is considered to include an expenditure that cannot be executed within budgetary limits, the head of the competent local government may request a reconsideration, specifying the reasons therefor, within 20 days after the resolution is transferred. |
| (2) | If the local council makes a resolution to curtail the expenditure which falls under any of the following subparagraphs, the same shall apply as provided for in paragraph (1): |
| 1. | An expenditure to be borne by the local government as an obligation under statutes; |
| 2. | An expenditure necessary for urgent restoration of facilities due to unexpected disaster. |
| (3) | In cases referred to in paragraphs (1) and (2), the provisions of Article 107 (2) shall apply mutatis mutandis. |
| Article 109 (Emergency Actions by Head of Local Government) |
| (1) | Where the local council is not constituted (referring to a case where the quorum for a resolution under Article 64 is not met due to detention, etc. of any member of the local council), and where any matters urgently needed for protection of the life and property of residents, from among those to be resolved by the local council, cannot be resolved because there is no time to convene the local council or the resolution is delayed in the local council, the head of the competent local government may take emergency actions. |
| (2) | The emergency actions under paragraph (1) shall be reported without delay to the local council and approved by the local council. |
| (3) | If the emergency actions fail to obtain the approval under paragraph (2) from the local council, such actions shall be invalidated from that time. |
| (4) | The head of the local government shall without delay provide public notice of such matters as referred to in paragraphs (2) and (3). |
SECTION 2 Auxiliary Organization
| Article 110 (Vice Governors, Vice Mayors and Deputy Heads of Sis/Guns/Gus) |
| (1) | A Vice Mayer shall be designated for the Special Metropolitan City, each Metropolitan City and Special Self-Governing City; a Vice Governor for each Do and Self-Governing Province; and a deputy head for each Si, Gun and autonomous Gu, respectively; and the fixed number thereof shall be as follows: <Amended on May 30, 2011> |
| 1. | The full number of Vice Mayors for the Special Metropolitan City shall be prescribed by Presidential Decree to the extent not exceeding three persons; |
| 2. | The full number of Vice Mayors for each Metropolitan City and Special Self-Governing City and the full number of Vice Governors for each Do and Special Self-Governing Province shall be prescribed by Presidential Decree to the extent not exceeding two persons (three persons in cases of a Metropolitan City or Do with a population of at least eight million); |
| 3. | The full number of deputy heads of each Si/Gun/autonomous Gu shall be one person. |
| (2) | The Vice Mayors for the Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities, and the Vice Governors of Dos and Special Self-Governing Provinces shall be state public officials in political or general services as prescribed by Presidential Decree: Provided, That where two or three Vice Mayors shall be designated for the Special Metropolitan City, each Metropolitan City and Special Self-Governing City and two or three Vice Governors for each Do and Special Self-Governing Province as prescribed in paragraph (1) 1 and 2, one of them shall be local public officials in political, general or special services as prescribed by Presidential Decree; and the qualifications for local public officials in political and extraordinary services shall be prescribed by municipal ordinance of the relevant local government. <Amended on Apr. 1, 2009; May 30, 2011> |
| (3) | The deputy Mayors and the Vice Governors who are appointed from among the State public officials in political or general service as referred to in paragraph (2) shall be appointed by the President through the Minister of the Interior and Safety on the recommendation of the competent Mayor/Do Governor. In such cases, the procedure for appointment shall be completed within 30 days, unless any ground for legal disqualification against the recommended person exists. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The deputy head of a Si/Gun/autonomous Gu shall be appointed from among the local public officials in general service, but their grades shall be prescribed by Presidential Decree, and they shall be appointed by the head of the competent Si/Gun/Gu. |
| (5) | The deputy Mayor and Vice Do Governor of a City/Do, and the deputy head of a Si/Gun/Gu, respectively, shall assist the head of the competent local government in exercising overall control over all affairs, and directing and supervising the staff under their control. |
| (6) | Where two or three deputy Mayors or Vice Governors shall be appointed for each City/Do under paragraph (1) 1 and 2, the division of work among them shall be prescribed by Presidential Decree. In such cases, where three deputy Mayors or Vice Governors shall be appointed for a City/Do, one of them may be required to take charge of the affairs of a specific area. |
| Article 111 (Exercise of Authority for Head of Local Government) |
| (1) | Where the head of a local government falls under any of the following, Vice Governor, Vice Mayor, or the deputy head of a Si/Gun/Gu (hereafter referred to as the "deputy head of a local government" in this Article) shall exercise authority in the place of the head of a local government: <Amended on May 30, 2011> |
| 1. | Where he or she is vacated; |
| 2. | Where he or she is detained after an indictment; |
| 3. | Where he or she is hospitalized in a medical institution under the Medical Service Act for at least 60 consecutive days. |
| (2) | Where the head of the local government runs for the election of the head of the competent local government while retaining his or her position, the deputy head of the local government shall act for the head of the local government from the date of registration as the reserve candidate or candidate to the election day. |
| (3) | Where the head of the local government is unable to perform his or her duty due to a temporary cause such as an official tour, vacation, etc., the deputy head of the local government shall act for him or her. |
| (4) | In cases falling under paragraphs (1) through (3), where there exist at least two deputy Mayors or Vice Governors in a City/Do, one shall act for the competent Mayor/Do Governor or perform his or her duties on his or her behalf pursuant to the order determined by Presidential Decree. |
| (5) | Where the deputy head of the local government who is to act for the head of the local government or perform duties on his or her behalf pursuant to paragraphs (1) through (3) is unable to perform the duties due to unavoidable causes, a public official designated by the organizational order determined by the municipal rule of the local government concerned shall act for him or her or perform his or her duties on his or her behalf. |
[Paragraph (1) 3 of This Article Deleted by Act No. 10739, May 30, 2011 under the Resolution on Nonconformity to the Constitution by the Constitutional Court, Sep. 2, 2010]
| Article 112 (Administrative Organizations and Public Officials) |
| (1) | Local governments shall have administrative organizations and local public officials take partial charge of the duties thereof. |
| (2) | The establishment of administrative organizations and fixed number of local public officials under paragraph (1) shall be prescribed by municipal ordinances of the respective local governments in accordance with the standards, such as personnel expenditure, etc., as prescribed by Presidential Decree. |
| (3) | The Minister of the Interior and Safety may advise matters necessary for the proper operation of the administrative bodies of local governments and fixed number of local public officials and for the balance among local governments.<Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The appointment, examination, qualification, remuneration, service, guarantee of status, disciplinary actions, education, training, etc. of local public officials shall be prescribed by a separate Act. |
| (5) | Notwithstanding the provisions of paragraph (1), local governments may employ State public officials as prescribed by Acts. |
| (6) | Notwithstanding the provisions of Article 32 (1) through (3) of the State Public Officials Act, the State public officials prescribed in paragraph (5) of Grade V or higher or belonging to the Senior Executive Service Corps shall be appointed by the President on the recommendation of the head of the competent local government through the relevant Minister, and the State public officials provided for in the said paragraph of Grade VI or lower shall be appointed by the competent Minister on the recommendation of the head of the competent local government. |
SECTION 3 Affiliated Administrative Agencies
| Article 113 (Subordinate Organizations under Direct Control) |
A local government may, if necessary to fall within the scope of affairs under its jurisdiction, establish an autonomous police agency (limited to Jeju Special Self-Governing Province), firefighting organization, education and training organization, health and medical organization, test and research organization, organization directing small-and-medium enterprises, etc. as subordinate organizations under its direct control by Presidential Decree or ordinance of the competent local government as prescribed by Presidential Decree.
A local government may establish an office by ordinance of the local government as prescribed by Presidential Decree, when the local government deems it necessary to conduct specific affairs efficiently.
| Article 115 (Branch Office) |
A local government may establish a branch office by ordinance of the competent local government as prescribed by Presidential Decree, when the local government deems it necessary for promoting the convenience of remote residents and the development of specific areas.
| Article 116 (Collegiate Administrative Organizations) |
| (1) | If necessary to conduct independently part of the relevant affairs, a local government may establish collegiate administrative organizations as prescribed by statutes or ordinance of the competent local government. |
| (2) | Matters necessary for the establishment and operation of the collegiate administrative organizations as referred to in paragraph (1) shall be prescribed by Presidential Decree or ordinance of the competent local government. |
| Article 116-2 (Establishment of Consultative Body) |
| (1) | A local government may establish and operate a consultative body, such as a deliberative assembly or committee, within the extent of affairs falling under their jurisdictions, as prescribed by statutes or ordinance of the relevant local government. |
| (2) | The consultative body established under paragraph (1) may be operated by incorporating the functions of other consultative bodies with similar characteristics and functions, as prescribed by ordinance of the relevant local government. |
[This Article Newly Inserted on Apr. 1, 2009]
SECTION 4 Subordinate Administrative Agencies
| Article 117 (Head of Subordinate Administrative Organization) |
Each non-autonomous Gu shall have a head of Gu, and each Eup/Myeon/ Dong shall also have a head of Eup/Myeon/Dong. In such cases, Myeon and Dong refer to an administrative Myeon and administrative Dong under Article 4-2 (3) and (4), respectively. <Amended on Apr. 1, 2009>
| Article 118 (Appointment of Head of Subordinate Administrative Organization) |
| (1) | The head of a non-autonomous Gu shall be appointed by the head of the Si from among local public officials in general service. |
| (2) | The head of Eup/Myeon/Dong shall be appointed from among local public officials in general service by the head of the competent Si/Gun/autonomous Gu, respectively. |
| Article 119 (Authority of Head of Subordinate Administrative Agency) |
The head of a non-autonomous Gu shall be directed and supervised by the head of the competent Si, the head of Eup/Myeon, by the head of the competent Si/Gun, and the head of a Dong, by the head of the competent Si (referring to the head of the Si not having a Gu) or the head of competent Gu (including the head of an autonomous Gu), and each of them shall manage the State and local government affairs within his or her competence and shall direct and supervise his or her subordinates.
| Article 120 (Subordinate Administrative Institutions) |
A local government may have administrative agencies necessary for the performance of the duties allotted to a non-autonomous Gu and Eup/ Myeon/Dong as prescribed by municipal ordinance. In such cases, Myeon and Dong refer to an administrative Myeon and administrative Dong under Article 4-2 (3) and (4), respectively. <Amended on Apr. 1, 2009>
SECTION 5 Organizations concerning Education, Science, and Athletics
| Article 121 (Organizations concerning Education, Science and Athletics) |
| (1) | In order to take partial charge of the duties of local governments concerning education, science and athletics, separate organizations shall be established in the local governments. |
| (2) | Necessary details concerning the structure and operation of the organizations as referred to in paragraph (1) shall be prescribed separately by other Acts. |
CHAPTER VII FINANCIAL AFFAIRS
SECTION 1 Basic Principles of Financial Management
| Article 122 (Sound Financial Management) |
| (1) | Local governments shall manage their finances in a sound manner pursuant to the principle of balanced revenues and expenditures. |
| (2) | The State shall promote independency and sound management of local finances, and shall not transfer the State’s obligations to the local governments. |
| (3) | The State shall not burden local governments with expenses for establishment, expansion, relocation, or operation of institutions falling under any of the following. <Newly Inserted on Jan. 21, 2014> |
| 3. | State-invested or State-funded institutions (including incorporated foundations, incorporated associations, etc.); |
| 4. | Institutions established for support for facilities, complexes, etc. installed, developed, or managed by the State (including incorporated foundations, incorporated associations, etc.), |
| (4) | Where the State establishes or expands an institution under paragraph (3) or selects the location for relocation thereof, it shall not use the local government’s financial burden as a condition or a criterion for the selection of the suitable location. <Newly Inserted on Jan. 21, 2014> |
| Article 123 (Implementation of State Policies) |
| (1) | Local governments shall endeavor to implement policies of the State. |
| (2) | The rate of the State’s subsidy for expenses necessary for implementation of the State policies under paragraph (1) and the rate of expenses borne by local governments therefor shall be prescribed by statutes. |
| Article 124 (Management of Local Obligations and Claims) |
| (1) | The heads of local governments or the associations of local governments may issue municipal bonds as prescribed by other Acts separately. |
| (2) | The heads of local governments may conclude contracts or do other acts that may become the causes for bearing the obligations of the local governments as prescribed by other Acts separately. |
| (3) | If deemed necessary for the public interest, the heads of local governments may incur surety obligations after obtaining a prior resolution of the local councils concerned. |
| (4) | Local governments may not delay the performance of their obligations unless it is prescribed by municipal ordinances or contracts. |
| (5) | Local governments may not discharge obligations concerning its claims, nor may they change the effects of the obligations without being authorized to do so by statutes or municipal ordinances, or resolutions of the local councils concerned. |
SECTION 2 Budget and Settlement of Accounts
| Article 125 (Fiscal Year) |
The fiscal year of a local government shall begin on the 1st day of January every year and end on the 31st day of December in that year.
| Article 126 (Classification of Accounts) |
| (1) | Accounts of a local government shall be classified into general accounts and special accounts. |
| (2) | Special accounts may be established by Acts or ordinance of the competent local government. |
| Article 127 (Compilation and Resolution of Budget) |
| (1) | The head of a local government in cases of a City/Do shall compile a budget bill for each fiscal year and submit it to the local council by not later than 50 days before the fiscal year begins; and by not later than 40 days in cases of a Si/Gun/autonomous Gu. |
| (2) | The City/Do council shall resolve a budget bill under paragraph (1) by not later than 15 days before the fiscal year begins, and the Si/Gun/autonomous Gu council shall do so by not later than 10 days before the fiscal year begins. |
| (3) | No local council may increase the amount of each expenditure category in the budget or establish new expense categories without approval from the head of a local government. |
| (4) | Where the head of a local government intends to make partial corrections to the details of the budget bill under paragraph (1) after submitting it to the local council due to extenuating grounds, he or she shall prepare a revised budget bill and submit it to the local council once again. |
| Article 128 (Continuing Expenditure) |
If necessary to continue to disburse expenses beyond a fiscal year, the head of a local government shall obtain the resolution of the local council with respect to the continuing expenditure after deciding on the total and annual amounts of such expenditure.
| Article 129 (Reserve Funds) |
| (1) | A local government shall, in order to cover unforeseeable expenses not included in the budget or expenses exceeding the budget, appropriate reserve funds in the revenue and expenditure budget. |
| (2) | The disbursement of reserve funds shall be approved by the local council in the following year. |
| Article 130 (Revised Supplementary Budget) |
| (1) | If necessary to revise a budget, the head of the local government shall compile a revised supplementary budget bill and obtain a resolution of the local council. |
| (2) | The provisions of Article 127 (3) and (4) shall apply mutatis mutandis to cases under paragraph (1). |
| Article 131 (Budget Execution at Time of Failure of Budget to Obtain Approval) |
If a local council fails to decide on the budget bill before the beginning of each fiscal year, the head of a local government may incur expenses for the following purposes in accordance with the previous year’s budget until the new budget bill is approved by the local council:
| 1. | Maintenance and operation of organizations or facilities established by statutes or municipal ordinances; |
| 2. | Fulfillment of disbursement obligations under statutes or municipal ordinances; |
| 3. | Continuation of projects approved previously in the budget. |
| Article 131-2 (Budget when Newly Establishing a Local Government) |
| (1) | Where a local government is newly established by the abolition, establishment or division of a local government, or the consolidation of local governments, the budget for the relevant local government shall be compiled without delay. |
| (2) | In the cases of paragraph (1), the head of the relevant local government may incur necessary ordinary revenue and expenditure until the budget is approved. In such cases, such revenue and expenditure shall be included in the budget to be newly approved. |
[This Article Newly Inserted on Jul. 14, 2011]
| Article 132 (Enactment of Municipal Ordinance Accompanying Financial Obligations) |
If a local council seeks to approve the municipal ordinance or matters that accompany new financial obligations, it shall hear in advance the opinion of the head of the local government.
| Article 133 (Transfer and Public Notice of Budget) |
| (1) | When a budget bill is decided, the chairperson of the local council shall transfer it to the head of the local government within three days. |
| (2) | The head of the local government shall, upon receiving the transferred budget under paragraph (1), report it, without delay, to the Minister of the Interior and Safety in the case of the City/Do, or to the Mayor/Do Governor in the case of the Si/Gun/autonomous Gu, and provide public notice of the details of the budget: Provided, That if a request for reconsideration is made under Article 108, this shall not apply. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 134 (Settlement of Accounts) |
| (1) | The head of a local government shall prepare a statement of settlement of accounts and related documentary evidence within 80 days after the revenue and expenditure is closed, and obtain the approval of the local council, with a statement of opinion on the inspection given by the inspector appointed by the local council, in the following year. Where any illegal or unfair matters are found as a result of settlement of accounts, the local council shall demand the correction thereof such as compensation or disciplinary action, etc. from the local government or the relevant agency following the resolution of the plenary session, and the local government or the relevant agency shall, without delay, settle up the matters the correction of which is demanded and report the result thereof to the local council. <Amended on Jul. 14, 2011> |
| (2) | Upon obtaining the approval under paragraph (1), the head of the local government shall report it to the Minister of the Interior and Safety in the case of the City/Do, or to the Mayor/Do Governor in the case of the Si/Gun/autonomous Gu within five days, and provide public notice thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Necessary matters concerning the appointment and management of the inspector as referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 134-2 (Budget when Local Government Ceases to Exist) |
| (1) | Revenue and expenditure of a local government that ceases to exist due to the abolition, establishment or division of a local government, or the consolidation of local governments shall be closed on the date on which it ceases to exist, and the person who has been the head of the relevant local government shall settle the accounts. |
| (2) | The settlement of accounts under paragraph (1) shall require the approval of the local government that has taken over the affairs under Article 134 (1). |
[This Article Newly Inserted on Jul. 14, 2011]
SECTION 3 Revenues and Expenditures
| Article 135 (Local Taxes) |
A local government may impose and collect local taxes as prescribed by Acts.
A local government may collect a user fee for utilization of public facilities or for the use of its property.
| (1) | If a local government provides services for a specific person, the local government may collect a fee therefor. |
| (2) | If a local government provides services for a specific person upon delegation by the State or any other local government, it may collect a fee therefor. |
| (3) | The fee as referred to in paragraph (2) shall be regarded as revenue for the relevant local government: Provided, That in the cases as otherwise prescribed by other statutes, the same shall not apply. |
| Article 138 (Contribution) |
If certain residents receive a special benefit from the establishment of a local government’s property or public facilities, the local government may collect a contribution from the residents benefiting therefrom, to the extent of their benefit.
| Article 139 (Municipal Ordinance for Collection of User Fees) |
| (1) | Matters concerning the collection of user fees, fees or contributions shall be prescribed by municipal ordinance: Provided, That matters concerning fees requiring national standardization from among fees for the duties delegated by the State to local governments or the agencies thereof or for the autonomous duties shall be collected according to the standard amount prescribed by Presidential Decree notwithstanding the provisions of other statutes; where a local government intends to collect an amount not in accordance with such standard amount, it may collect an amount obtained by increasing or decreasing to the extent not exceeding 50/100 of the standard amount as prescribed by municipal ordinance. <Amended on Mar. 21, 2012> |
| (2) | The local government may establish a municipal ordinance stipulating that any person who has been exempt from any user fee, charge or contribution by fraud or other improper means shall be subject to an administrative fine in an amount not exceeding five times the exempt amount, and that any person who has misused public facilities shall be subject to an administrative fine in an amount not exceeding 500,000 won. |
| (3) | Matters concerning procedures, such as the imposition and collection of, and trial, execution, etc. concerning, the administrative fine under paragraph (2), shall be prescribed by the Act on the Regulation of Violations of Public Order. <Amended on Apr. 1, 2009> |
| Article 140 (Imposition and Collection of and Objection to User Fees) |
| (1) | User fees, fees and contributions shall be imposed and collected in an equitable manner. |
| (2) | Collection of user fees, fees and contributions shall be subject to the example of collection of local taxes. |
| (3) | A person who is dissatisfied with the imposition or collection of any user fee, fee or contribution may file an objection to the head of the competent local government within 90 days from the day of receiving the notification of the disposition. |
| (4) | Within 60 days from the day of receiving the objection under paragraph (3), the head of the local government shall make a decision thereon and provide notice of such decision. |
| (5) | A person who intends to bring an administrative litigation into court against the imposition or collection of any user fee, fee or contribution shall bring a case into court making the disposition agency the party concerned within 90 days from the day of receiving the notification of decision referred to in paragraph (4). |
| (6) | A person who has failed to receive the notification of decision within the period for decision referred to in paragraph (4) may, notwithstanding paragraph (5), bring a case into court within 90 days after the period for decision. |
| Article 141 (Disbursement of Expenses) |
A local government shall be liable for disbursing necessary expenses for carrying out its autonomous affairs and other affairs entrusted thereto: Provided, That if the local government carries out the affairs delegated by the State or any other local government, the delegating State or local government shall bear the necessary expenses.
SECTION 4 Property and Public Facilities
| Article 142 (Possession of Properties and Establishment of Funds) |
| (1) | If necessary to achieve administrative purposes or to advance the public interest, a local government may possess properties, or establish a fund to operate any specific funds. |
| (2) | Matters necessary for the possession of properties and the establishment and management of a fund under paragraph (1) shall be prescribed by municipal ordinance. |
| (3) | The term "properties" in paragraph (1) means all objects and rights that are valuable as property other than cash. |
| Article 143 (Management and Disposal of Properties) |
Properties of a local government may not be exchanged, transferred or leased, nor may they be used for investment or payment unless it is permitted by statutes or municipal ordinances.
| Article 144 (Public Facilities) |
| (1) | A local government may install public facilities to promote the welfare of its residents. |
| (2) | Except as otherwise prescribed by other statutes, establishment and management of public facilities referred to in paragraph (1) shall be prescribed by municipal ordinance. |
| (3) | Public facilities as referred to in paragraph (1) may be established outside the district of the local government, with the consent of the competent local government. |
SECTION 5 Supplementary Provisions
| Article 145 (Enactment of Act concerning Local Financial Administration) |
Matters necessary for the finance of local governments, other than those prescribed by this Act, shall be separately prescribed by other Acts.
| Article 146 (Establishment and Operation of Local Public Enterprises) |
| (1) | Local governments may establish and operate local public enterprises to promote the welfare of local residents and the efficient performance of projects. |
| (2) | Matters necessary for the establishment and operation of local public enterprises shall be separately prescribed by other Acts. |
CHAPTER VIII RELATIONSHIP AMONG LOCAL GOVERNMENTS
SECTION 1 Cooperation among Local Governments and Dispute Mediation
| Article 147 (Cooperation among Local Governments) |
If a local government receives a request for joint performance of affairs or for consultation concerning, mediation of, or approval or support for, performance of affairs from another local government, it shall cooperate with the local government within the limit of statutes.
| Article 148 (Dispute Mediation among Local Governments) |
| (1) | If a conflict (hereinafter referred to as "dispute") arises between local governments or between the heads of local governments due to different views in the performance of affairs, the Minister of the Interior and Safety or the Mayor/Do Governor may, upon request of the parties concerned, mediate the dispute, except as otherwise prescribed by other Acts: Provided, That where the dispute substantially undermines public interest and thus a swift mediation is deemed necessary, the dispute may be mediated ex officio without any request from the parties concerned. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where the Minister of the Interior and Safety or the Mayor/Do Governor mediates the dispute pursuant to the proviso to paragraph (1), he or she shall notify in advance the parties concerned of its purport. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where the Minister of the Interior and Safety or the Mayor/Do Governor intends to mediate the dispute as referred to in paragraph (1), he or she shall mediate it in consultation with the head of a relevant central administrative agency, and according to the deliberation of the local government central dispute mediation committee or the local government local dispute mediation committee pursuant to Article 149. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety or the Mayor/Do Governor shall, upon deciding the mediation as referred to in paragraph (1), without delay, provide written notice thereof to the head of the competent local government, who shall, upon receiving such notification, execute the matters decided by the mediation. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Where the matters decided by the mediation under paragraph (4) include any matters accompanied by a budgetary measure, the competent local government shall make up preferentially the budget required therefor. In such cases, with respect to any matters to be implemented year after year, a year-to-year plan for implementation thereof shall be reported to the Minister of the Interior and Safety or the Mayor/Do Governor. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (6) | If, in the opinion of the Minister of the Interior and Safety or the Mayor/Do Governor, any local government is deemed to have benefited from installation of facilities or furnishing of services pursuant to a decision on mediation as referred to in paragraph (1), or to have brought about the cause for such installation of facilities or furnishing of services, the Minister of the Interior and Safety or the Mayor/Do Governor may have such local government bear all or part of the expenses for such facilities or operation thereof in conformity with the criteria determined by the Minister of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (7) | If the matters decided by the mediation as referred to in paragraphs (4) through (6) are not executed faithfully, the Minister of the Interior and Safety or the Mayor/Do Governor may have the competent local government execute such matters by applying Article 170 mutatis mutandis. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 149 (Establishment and Composition of Local Government Central Dispute Mediation Committee) |
| (1) | In order to deliberate and resolve matters necessary for the mediation of any dispute as provided for in Article 148 (1) and of any matters to be consulted under Article 156 (1), a local government central dispute mediation committee (hereinafter referred to as "central dispute mediation committee") shall be established under the jurisdiction of the Ministry of the Interior and Safety, and a local government local dispute mediation committee (hereinafter referred to as the "local dispute mediation committee") under that of the City/Do. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The central dispute mediation committee shall deliberate and resolve the disputes falling under the following subparagraphs: |
| 1. | Disputes among Cities/Dos or the heads thereof; |
| 2. | Disputes among Sis/Guns/autonomous Gus which belong to different Cities/Dos or the heads thereof; |
| 3. | Disputes between Cities/Dos and Sis/Guns/autonomous Gus or among the heads thereof; |
| 4. | Disputes between Cities/Dos and local government associations or among the heads thereof; |
| 5. | Disputes between Sis/Guns/autonomous Gus and local government associations which belong to different Cities/Dos or among the heads thereof; |
| 6. | Disputes among local government associations which belong to different Cities/Dos or the heads thereof. |
| (3) | The local dispute mediation committee shall deliberate and resolve the disputes between the local governments and local government associations or among the heads thereof not falling under the subparagraphs of paragraph (2). |
| (4) | The central dispute mediation committee and the local dispute mediation committee (hereinafter referred to as the "dispute mediation committee") shall be respectively constituted by the members not exceeding 11 persons including the chairperson. |
| (5) | The chairperson and five of the members of the central dispute mediation committee shall be appointed or commissioned by the President upon the recommendation of the Minister of the Interior and Safety from among those falling under the following subparagraphs, and the public officials belonging to the central administrative agencies determined by Presidential Decree shall become the ex officio members: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Those who hold or held the office of associate professor or higher in a university for at least three years; |
| 2. | Those who hold or held the office of judge, prosecutor or lawyer for at least six years; |
| 3. | Those who have affluent knowledge and experiences in the affairs of local autonomy. |
| (6) | The chairperson and five of the members of the local dispute mediation committee shall be appointed or commissioned by the Mayor/Do Governor from among those falling under the subparagraphs of paragraph (5), and the public officials belonging to the local governments determined by municipal ordinances shall become the ex officio members. |
| (7) | The terms of office of the chairperson and members who are not public officials shall be three years, and they may be reappointed: Provided, That the terms of office for substitute members shall be the period remaining on his or her predecessor's term. |
| Article 150 (Operation of Dispute Mediation Committee) |
| (1) | The dispute mediation committee shall be constituted with the presence of at least seven members including the chairperson, and a resolution shall be adopted by an affirmative vote of at least two thirds of the members present. |
| (2) | The chairperson of the dispute mediation committee may, where he or she deems it necessary in connection with the mediation of disputes, hear the opinion of the public officials, employees of the local government association or specialists concerned who are present, or request the presentation of data, opinions, etc. to the agencies or institutions concerned. In such cases, he or she shall provide the parties to disputes with opportunities for stating their opinions. |
| (3) | Matters necessary for the composition, operation, etc. of the dispute mediation committee other than those prescribed by this Act shall be prescribed by Presidential Decree. |
| Article 151 (Entrustment of Affairs) |
| (1) | A local government or the head thereof may entrust part of the affairs within its competence to any other local government or the head thereof to manage such part of affairs. In such cases, the head of the local government shall report thereon to the Minister of the Interior and Safety and the head of the relevant central administrative agency if a party entrusted with such affairs is the City/Do or the head thereof, and to the Mayor/Do Governor if a party entrusted with such affairs is the Si/Gun/autonomous Gu or the head thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | If a local government or the head thereof wishes to entrust affairs under paragraph (1), the local government or the head thereof shall establish the rules in consultation with the competent local government and provide public notice of such rules. |
| (3) | The rules for entrustment of affairs under paragraph (2) shall include the matters falling under the following subparagraphs: |
| 1. | The local government entrusting the affairs and local government entrusted with them; |
| 2. | Details and scope of the entrusted affairs; |
| 3. | Management and handling method of the entrusted affairs; |
| 4. | Allotment of expenses required for the management and handling of the entrusted affairs and the method of disbursing such expenses; |
| 5. | Other necessary matters concerning the entrustment of affairs. |
| (4) | If a local government or the head thereof intends to change or terminate entrustment of affairs, the local government or the head thereof shall provide public notice thereof in consultation with the competent local government or the head thereof, and report it to the Minister of the Interior and Safety and the head of the relevant central administrative agency, or to the Mayor/Do Governor, according to the example under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Where affairs are entrusted, any municipal ordinance or municipal rule concerning the management and handling of the entrusted affairs shall also apply to the local government entrusted with the affairs, except as otherwise provided for in the rules for entrustment of affairs. |
SECTION 2 Administrative Consultative Council
| Article 152 (Formation of Administrative Consultative Council) |
| (1) | Local governments may establish an administrative consultative council (hereinafter referred to as "consultative council") for joint performance of part of any affairs involving two or more local governments. In such cases, the heads of the local governments shall report it to the Minister of the Interior and Safety and the head of the central administrative agency concerned if Cities/Dos are the members thereof, and to the competent Mayor/Do Governor if Sis/Guns/autonomous Gus are the members thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | If local governments seek to establish a consultative council, they shall provide public notice thereof after formulating rules through consultation among the competent local governments, and going through resolutions of the respective local councils concerned. |
| (3) | The Minister of the Interior and Safety or the Mayor/Do Governor may recommend the competent local governments to establish a consultative council if necessary for the public interest. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 153 (Organization of Consultative Council) |
| (1) | A consultative council shall consist of a chairperson and members. |
| (2) | The chairperson and members shall be elected from among the employees of the competent local governments in accordance with the rules of the consultative council. |
| (3) | The chairperson shall represent the consultative council, convene the meeting, and manage all affairs thereof. |
| Article 154 (Rules of Consultative Council) |
The rules of a consultative council shall include the following matters:
| 1. | Title of the consultative council; |
| 2. | Local governments that constitute the consultative council; |
| 3. | Affairs to be managed by the consultative council; |
| 4. | Organization of the consultative council and the method of election of the chairperson and members; |
| 5. | Method for bearing and disbursing expenses necessary for the operation of the consultative council and the management of affairs thereof; |
| 6. | Other necessary matters concerning the formation and operation of the consultative council. |
| Article 155 (Request of Consultative Council for Presentation of Materials) |
If deemed necessary for handling its affairs, the consultative council may request the heads of the competent local governments to present materials, express their opinions and provide any other necessary cooperation.
| Article 156 (Mediation of Matters for Consultation) |
| (1) | If the heads of local governments request mediation of matters that have not been agreed upon by the consultative council concerned, such matters may be mediated by the Minister of the Interior and Safety if such matters are for consultation among Cities/Dos, or by the competent Mayor/Do Governor if such matters are for consultation among Sis/Guns/autonomous Gus: Provided, That if the competent Sis/Guns/autonomous Gus extend over two or more Cities/Dos, the Minister of the Interior and Safety may mediate such matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | If the Minister of the Interior and Safety or the Mayor/Do Governor intends to offer mediation as referred to in paragraph (1), he/ she shall do so according to the deliberation of the dispute mediation committee as prescribed in Article 149 after consultation with the head of the central administrative agency concerned. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 157 (Effect of Consultation and Handling of Affairs by Consultative Council) |
| (1) | The local governments which have constituted a consultative council shall handle their affairs according to the matters determined by the consultative council, if any. |
| (2) | With respect to the matters mediated by the Minister of the Interior and Safety or the Mayor/Do Governor under Article 156 (1), the provisions of Article 148 (3) through (6) shall apply mutatis mutandis. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | If the consultative council has handled affairs in the names of the competent local governments or the heads thereof, such affairs shall be deemed to have been conducted by the competent local governments or the heads thereof. |
| Article 158 (Modification of Rules and Abolishment of Consultative Council) |
If local governments seek to modify the rules of the consultative council or to abolish the consultative council, the provisions of Article 152 (1) and (2) shall apply mutatis mutandis.
SECTION 3 Local Government Associations
| Article 159 (Establishment of Local Government Association) |
| (1) | If necessary for joint performance of one or more affairs by two or more local governments, they may establish a local government association, after formulating rules and going through resolutions of the local councils concerned, with the approval from the Minister of the Interior and Safety in the case of Cities/Dos, or with the approval from the competent Mayor/Do Governor in the case of Sis/Guns/autonomous Gus: Provided, That if the Sis/Guns/autonomous Gus that are the members of the local government association extend over two or more Cities/Dos, approval from the Minister of the Interior and Safety shall be obtained. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The local government association shall be a juristic person. |
| Article 160 (Organization of Local Government Association) |
| (1) | A local government association shall have a board of the local government association, president of the local government association, and other clerical personnel. |
| (2) | The members of the board of the local government association, the president of the local government association, and other clerical personnel shall be selected and appointed under the rules of the local government association. |
| (3) | Notwithstanding the provisions of Articles 35 (1) and 96 (1), members of the local councils of the competent local governments and the heads of such local governments may hold concurrently the office of members of the board of the local government association or the president of the local government association. |
| Article 161 (Authority of Board and President of Local Government Association) |
| (1) | The board of a local government association shall deliberate and decide on important affairs of the local government association, as prescribed by rules of the local government association. |
| (2) | The board of the local government association may determine the user fees, fees, or allotted charges for any service furnished by the local government association within the scope of the municipal ordinance under Article 139 (1). |
| (3) | The president of the local government association shall represent the local government association, and exercise general direction and control over affairs of the local government association. |
| Article 162 (Rules of Local Government Association) |
The rules of a local government association shall include the following matters:
| 1. | Title of the local government association; |
| 2. | Local governments that constitute the local government association; |
| 3. | Location of the local government association’s office; |
| 4. | Affairs of the local government association; |
| 5. | Organization of the board of the local government association and the method of appointing the members thereof; |
| 6. | Organization of the executive organs and the method of appointment; |
| 7. | Method for bearing and disbursing expenses necessary for the operation and the handling of affairs of the local government association; |
| 8. | Other matters concerning the establishment and operation of the local government association. |
| Article 163 (Direction and Supervision of Local Government Association) |
| (1) | A local government association in which Cities/Dos are the members shall be directed and supervised by the Minister of the Interior and Safety, and a local government association in which Sis/Guns/autonomous Gus are the members shall be directed and supervised primarily by the competent Mayor/Do Governor, and secondarily by the Minister of the Interior and Safety: Provided, That if the Sis/Guns/autonomous Gus that are the members of the local government association extend over two or more Cities/Dos, the local government association shall be directed and supervised by the Minister of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | If necessary for the public interest, the Minister of the Interior and Safety may order the establishment or dissolution of a local government association, or the modification of the rules thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 164 (Modification of Rules of Local Government Association, and Dissolution Thereof) |
| (1) | In modifying the rules of a local government association or dissolving a local government association, the provisions of Article 159 (1) shall apply mutatis mutandis. |
| (2) | If a local government association is dissolved, the assets thereof shall be disposed of through consultation among the competent local governments concerned. |
SECTION 4 Consultative Bodies of Heads of Local Governments
| Article 165 (Consultative Council of Heads of Local Governments) |
| (1) | The heads of local governments or the chairpersons of local councils may establish a national consultative council according to following grouping in order to promote the mutual exchange and cooperation and deliberate on the mutual issues: |
| 2. | Chairpersons of City/Do councils; |
| 3. | Heads of Sis/Guns/autonomous Gus; |
| 4. | Chairpersons of Si/Gun/autonomous Gu councils. |
| (2) | A federation of local governments where all the national consultative councils under the subparagraphs of paragraph (1) participate may be established. |
| (3) | Where a consultative council is established pursuant to paragraph (1) or the federation is established pursuant to paragraph (2), the representative thereof shall report it without delay to the Minister of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The consultative council under paragraph (1) or the federation under paragraph (2) may present its opinions on the statutes, etc., that directly affect the local autonomy, to the Minister of the Interior and Safety, and the Minister of the Interior and Safety shall notify the heads of the central administrative agencies concerned of the submitted opinions. <Amended on Feb. 29, 2008; Jul. 14, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The head of the central administrative agencies concerned shall examine appropriateness of the matters notified under paragraph (4) and inform the Minister of the Interior and Safety of the result thereof within two months from the date on which the notification is received, and the same Minister shall inform the consultative council or the federation of the result of the examination notified to him or her without delay. In such cases, if the head of the central administrative agency concerned deems, after the examination, the matters as lacking appropriateness, he or she shall provide his opinion stating reasons and content in detail, and, if he or she deems the matters appropriate, he or she shall provide active cooperation to ensure that such content will be reflected in the relevant statutes. <Newly Inserted on Jul. 14, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (6) | Where the consultative council under paragraph (1) or the federation under paragraph (2) deems the enactment, amendment or abolition of an Act which is related to local autonomy is necessary, it may present its opinions in writing to the National Assembly. <Newly Inserted on Jul. 14, 2011> |
| (7) | Matters necessary for the report on composition and operation of and other necessary matters concerning the consultative council under paragraph (1) or the federation under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Jul. 14, 2011> |
CHAPTER IX GUIDANCE AND SUPERVISION OF STATE
| Article 166 (Guidance and Support to Affairs of Local Governments) |
| (1) | The heads of central administrative agencies or Mayors/Do Governors may offer advice, recommendations or guidance to local governments for their affairs, and request local governments to submit materials, if necessary to attain this end. |
| (2) | The State or Cities/Dos may provide local governments with financial or technical support, when deemed necessary to help such local governments handle their affairs. |
| Article 167 (Guidance and Supervision of Handling State Affairs or City/Do Affairs) |
| (1) | The competent Minister shall guide and supervise State affairs which local governments or the heads thereof handle under delegations thereto in cases of Cities/Dos; and, in cases of Sis/Guns/autonomous Gus, Mayors/Do Governors in the first instance and the competent Minister in the second instance shall do so. |
| (2) | City/Do affairs which Sis/Guns/autonomous Gus or the heads thereof handle under delegations thereto shall be guided and supervised by Mayor/Do Governors. |
| Article 168 (Consultation and Mediation between central Administrative Agency and Local Government) |
| (1) | To consult and mediate differences of opinions between the heads of a central administrative agency and a local government, Administrative Consultation and Mediation Committee shall be established under the control of the Prime Minister. <Amended on Jul. 14, 2011> |
| (2) | The Administrative Consultation and Mediation Committee shall consist of 13 or fewer members, including the Chairperson. <Amended on Jul. 14, 2011> |
| (3) | Members of the Administrative Consultation and Mediation Committee shall be composed of the following persons and the Chairperson shall be commissioned by the Prime Minister from among persons under subparagraph 3: <Newly Inserted on Jul. 14, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The Minister of Economy and Finance, the Minister of the Interior and Safety, the head of Office for Government Policy Coordination, and the Minister of Government Legislation; |
| 2. | Three persons selected by the Chairperson from among heads of central administrative agencies and Mayor/Do governors relevant to the matter in hand, and four persons commissioned by the Prime Minister from among persons with abundant knowledge and experience regarding local autonomy. |
| 3. | Other four persons entrusted by the Prime Minister among those who have profound expertise and career in local autonomy. |
| (4) | Other matters necessary for the composition and operation of the Administrative Consultation and Mediation Committee shall be prescribed by Presidential Decree. <Newly Inserted on Jul. 14, 2011> |
| Article 169 (Correction of Unlawful or Unjust Orders or Dispositions) |
| (1) | Where an order or a disposition issued by the head of a local government in relation to the affairs of the local government is deemed to harm public interest on the ground that it violates statutes or is significantly unfair, the competent Minister may order the local government to correct it in writing within a specified period in cases of a City/Do, and the Mayor/Do Governor shall do so in cases of a Si/Gun/autonomous Gu; if the local government fails to comply with such order within such period, he or she may revoke or suspend it. In such cases, in cases of an order or a disposition issued in relation to autonomous affairs, the foregoing shall be limited to those violating statutes. |
| (2) | When the head of a local government is dissatisfied with revocation or suspension of an order or a disposition issued in relation to autonomous affairs under paragraph (1), he or she may file a suit with the Supreme Court within 15 days from the date he or she is notified of such revocation or suspension. |
| Article 170 (Orders to Implement Duties to Heads of Local Governments) |
| (1) | Where the head of a local government is deemed manifestly negligent in managing and performing affairs delegated by the State or a City/Do, which fall under his or her responsibilities pursuant to the provisions of statutes, the competent Minister may order the head of the local government to implement such affairs to be implemented in writing within a specified period in cases of a City/Do; and the Mayor/Do Governor shall do in cases of a Si/Gun/autonomous Gu. |
| (2) | If the head of a relevant local government fails to implement the order in the period under paragraph (1), the competent Minister or Mayor/Do Governor may vicariously perform the order at the expense of such local government or take necessary administrative or financial measures. In such cases, the Administrative Vicarious Execution Act shall apply mutatis mutandis to administrative vicarious execution. |
| (3) | When the head of a local government is dissatisfied with an implementation order under paragraph (1), he or she may file a suit with the Supreme Court within 15 days from his or her receipt of such implementation order. In such cases, the head of the local government may apply for a decision on execution suspension that suspends the execution of such implementation order. |
| Article 171 (Inspection of Autonomous Affairs of Local Governments) |
| (1) | The Minister of the Interior and Safety or Mayors/Do Governors may have local governments report on their autonomous affairs or inspect documents, books or accounts. In such cases, such inspection shall be limited to offenses committed in violation of statutes. <Amended on Feb. 29, 2008; Jun. 8, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Before conducting inspection under paragraph (1), the Minister of the Interior and Safety or Mayors/Do Governors shall confirm as to whether the relevant affairs have been handled in violation of statutes, etc. <Newly Inserted on Jun. 8, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 171-2 (Procedures for Inspecting Local Governments) |
| (1) | Except as otherwise prescribed by Presidential Decree, such as the existence of unearthed new facts, important omissions, etc., the competent Minister, the Minister of the Interior and Safety, or Mayors/Do Governors shall exempt matters which the Board of Audit and Inspection has already inspected from those subject to inspection and, shall utilize the results of the previous inspection. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | When the competent Minister and the Minister of the Interior and Safety intend to conduct an inspection falling under either of the following subparagraphs, they may conduct joint inspections during the same period in order to lessen the burden of local governments stemming from such inspection and to increase the efficiency of the inspection: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Inspection of affairs delegated by the competent Minister pursuant to Article 167; |
| 2. | Inspection of autonomous affairs by the Minister of the Interior and Safety pursuant to Article 171. |
| (3) | Necessary matters concerning the inspection procedures, methods, etc. under Articles 167, 171, and 171-2 (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 8, 2010]
| Article 172 (Reconsideration of Local Council Resolutions and Filing Lawsuit) |
| (1) | When a local council resolution is deemed to violate any statutes or significantly harm public interest, the competent Minister may request the relevant local council to reconsider such resolution in cases of a City/Do; the Mayor/Do Governor may do so in cases of a Si/Gun/autonomous Gu; the head of a local government shall, upon receipt of such request, request the local council to reconsider the resolution, specifying the reasons therefor, within 20 days from the date he or she is delivered such resolution. |
| (2) | As a result of reconsideration as to the request under paragraph (1), when the local council passes the same resolution with the presence of a majority of the incumbent council members and an affirmative vote of at least two-thirds of the members present, such resolution shall become final. |
| (3) | If the head of a local government deems that any matter resolved once again pursuant to paragraph (2) violates any statutes, he or she may file a suit with the Supreme Court within 20 days from the date such matter is resolved again. In such cases, he or she may file a request for a decision of suspension of execution that suspends the execution of such resolution, if deemed necessary. |
| (4) | When the head of a relevant local government fails to file a suit even though matters resolved again are deemed to violate any statutes, the competent Minister or Mayor/Do Governor may instruct the head of such local government to file a suit or directly file a suit or a request for a decision of suspension of execution. |
| (5) | An instruction to file a suit under paragraph (4) shall be given within seven days after the period under paragraph (3) elapses, and the head of a relevant local government shall file a suit within seven days from his or her receipt of such instruction. |
| (6) | The competent Minister or Mayor/Do Governor may directly file a suit within seven days after the period under paragraph (5) elapses. |
| (7) | Where the head of a local government has been given an instruction to reconsider a local council resolution from the competent Minister or Mayor/Do Governor on the ground that the resolution is deemed to violate any statutes pursuant to paragraph (1) but fails to request the local council for reconsideration (including cases in which a resolution of the local government violating any statutes is a municipal ordinance bill that has been promulgated before he or she is given an instruction calling for reconsideration), the competent Minister or Mayor/Do Governor may directly file a suit with the Supreme Court or directly file a request for a decision of suspension of execution within seven days from the date on which the period under paragraph (1) expires. |
| (8) | Where two or more Ministries are involved in the resolution of a local council under paragraph (1) or in matters resolved once again pursuant to paragraph (2), or where it is unclear who the competent Minister is in relation thereto, the Minister of the Interior and Safety may request the relevant local council to reconsider such resolution, instruct the council to file a suit, or directly file a suit or a request for a decision of suspension of execution. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
CHAPTER X SPECIAL ADMINISTRATIVE EXCEPTIONS TO LARGE CITIES, SUCH AS SEOUL SPECIAL METROPOLITAN CITY, SEJONG SPECIAL SELF-GOVERNING CITY, AND JEJU SPECIAL SELF-GOVERNING PROVINCE
| Article 173 (Financial Resources of Autonomous Gus) |
The Special Metropolitan City Mayor or Metropolitan City Mayors shall secure a certain amount of money in the tax revenues and coordinate financial resources among the autonomous Gus falling within the jurisdiction of the relevant local government as prescribed by the Local Finance Act. <Amended on May 28, 2014>
| Article 174 (Recognition of Exceptions) |
| (1) | Exceptions may be granted to the status, organization, and operation of Seoul Special Metropolitan City in consideration of its distinctiveness as a capital city, as prescribed by Acts. |
| (2) | Exceptions may be granted to the status, organization, and public administration, financial operation, etc. of Sejong Special Self-Governing City and Jeju Special Self-Governing Province in consideration of the distinctive administrative systems, as prescribed by Acts. <Amended on May 30, 2011> |
| Article 175 (Recognition of Exceptions for Large Cities) |
Pursuant to relevant Acts, exceptions may be granted to administration, financial operation, and guidance and supervision by the State of large cities with a population of at least 500,000 persons, other than Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities, in consideration of their peculiarities. <Amended on May 30, 2011>
ADDENDA <Act No. 8423, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (27) of the Addenda shall enter into force on July 4, 2007. Article 2 (Applicability to Residents’ Lawsuit Pursuant to Amendment to Previous Act)
The residents’ lawsuits as referred to in the amended provisions of Articles 13-5 through 13-7 in the amended Local Autonomy Act, Act No. 7362, shall apply to the portion of request for inspection made on or after January 1, 2006 when the said Articles enter into force. Article 3 (Applicability to Direct Filing of Lawsuit against Supreme Court Pursuant to Amendment to Previous Act)
The amended provisions of Article 159 in the amended Local Autonomy Act, Act No. 7362, shall apply, starting with matters resolved by a local council on or after January 27, 2005 when the said Act enters into force. Article 4 (Applicability to Establishment, Amendment and Abolition of Municipal Ordinance and Request for Inspection under Amendment to Previous Act)
The amended provisions of Articles 13-3 and 13-4 in the amended Local Autonomy Act, Act No. 7846, shall apply, starting with the first establishment, amendment and abolition of a municipal ordinance, and the request for inspection, made on or after January 11, 2006 when the said Act enters into force. Article 5 (Applicability to Raising of Objection under Amendment to Previous Act)
The amended provisions of Article 131 (3) in the amended Local Autonomy Act, Act No. 7846, shall apply, starting with the raising of an objection for which 60 days have not passed since the disposition of imposition or collection of any user fee, fee or contribution was notified as of January 11, 2006 when the said Act enters into force. Article 6 (Transitional Measures concerning Effect of Municipal Ordinance under Amendment to Previous Act)
Ordinances and rules of local governments in force as of May 1, 1988 when the amended Local Autonomy Act, Act No. 4004, enters into force shall be deemed to have been enacted in accordance with the said Act. Article 7 (Transitional Measures concerning Administrative Agency under Amendment to Previous Act)
The administrative organizations established pursuant to the previous statutes, municipal ordinances or municipal rules as of May 1, 1988 when the amended Local Autonomy Act, Act No. 4004, enters into force shall be deemed to have been established in accordance with the said Act. Article 8 (Transitional Measures concerning Status of Public Officials under Amendment to Previous Act)
The public officials the methods or authority holders of whose appointment are altered pursuant to the amended Local Autonomy Act, Act No. 4004, shall be deemed to have been appointed in accordance with the said Act. Article 9 (Transitional Measures concerning Subordinate Administrative Organization under Amendment to Previous Act)
The administrative organizations established pursuant to the previous provisions of Article 111 before the amended Local Autonomy Act, Act No. 7846, enters into force shall be deemed to be valid until the municipal ordinances governing their establishment are newly enacted and enforced. Article 10 (General Transitional Measures concerning Disposition)
An act done by or in relation to an administrative agency pursuant to the previous provisions at the time this Act enters into force shall be deemed an act done by or in relation to an administrative agency pursuant to the provisions of this Act corresponding thereto.
Article 11 (Transitional Measures concerning Administrative Fines)
In applying the provisions of an administrative fine to any act committed before this Act enters into force, the previous provisions shall apply.
Article 12 Omitted.
Article 13 (Relation with other Statutes)
A citation of the provisions of the previous Local Autonomy Act or its provisions at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provisions of this Act in lieu of the previous provisions, if this Act contains such corresponding provisions.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9577, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 15, 16, 35 (3) and (6), 110, and 116-2 shall enter into force six months after the date of its promulgation. Article 2 (Applicability)
| (1) | The amended provisions of Article 4 (4) shall apply to the cases where the head of Si/Gun/Gu registers in the cadastral record, after this Act enters into force, the landfill site the work completion inspection of which has been completed under Article 25 of the Public Waters Reclamation Act before this Act enters into force. |
| (2) | The amended provisions of Article 35 (1) 3, 4, 6, 8, and 9, Articles 35 (2), 96 (1) 4 and 5 shall apply, starting with the local council members and the head of a local government whose term of office commences on July 1, 2010. |
Article 3 (Transitional Measures)
| (1) | Where a dispute on the jurisdictional area of a local government arises at the time when this Act enters into force and the adjudication on jurisdiction disputes at the Constitutional Court is underway, the head of Si/Gun/Gu shall register in the cadastral record in accordance with the ruling of the Constitutional Court. |
| (2) | The previous provisions shall apply to the request for establishment, revision or abolition of a municipal ordinance by residents for which the initial signature has been obtained pursuant to the previous provisions at the time this Act enters into force. |
Article 4 Omitted.
ADDENDA <Act No. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDUM <Act No. 10344, Jun. 8, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10739, May 30, 2011>
This Act shall enter into force on July 1, 2012: Provided, That the amended provisions of Article 111 (1) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10827, Jul. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the promulgation of this Act.
Article 2 (Applicability to Pre-Announcement of Bill of Municipal Ordinance)
The amended provisions of Article 66-2 shall apply, starting with the bill of municipal ordinance that is proposed for the first time after the enforcement of this Act.
ADDENDUM <Act No. 11399, Mar. 21, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11531, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11899, Jul. 16, 2013>
This Act shall enter into force on December 12, 2013.
ADDENDA <Act No. 12280, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Local Government’s Financial Burden)
The amended provisions of Article 122 (3) shall apply from the fiscal year following the fiscal year within which the enforcement date of this Act falls, with respect to the matters regarding which a local government was bearing the financial burden before this Act enters into force.
ADDENDA <Act No. 12687, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. Provided, That the amended part of the Act to be amended pursuant to Article 6 of the Addenda to the Local Autonomy Act, which was promulgated before this Act enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of respective Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14197, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14474, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDUM <Act No. 14768, Apr. 18, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. Provided, That the amended part of the Act to be amended pursuant to Article 5 of the Addenda to the Local Autonomy Act, which was promulgated before this Act enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of respective Act. Articles 2 through 6 Omitted.
ADDENDA <Act No. 16057, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.