LOCAL AUTONOMY ACT
Act No. 10827, Jul. 14, 2011
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
CHAPTER I GENERAL PRINCIPLES
Section 1 General Provisions
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| Article 1 (Purpose) |
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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.
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| Article 2 (Types of Local Governments) |
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| (1) | Local governments shall be classified into the following two types: |
| 1. | A Special Metropolitan City, a Metropolitan City, a Do and a Special Autonomous Do; |
| (2) | A Gu which is a local government (hereinafter referred to as "autonomous Gu") shall be confined to those within the jurisdiction of a Special Metropolitan City or a Metropolitan City, and the scope covering the capabilities for autonomy of an autonomous Gu may be determined differently from that of a Si/Gun as prescribed by Acts and subordinate statutes. |
| (3) | In addition to the local governments as referred to in paragraph (1), other special local governments may be established, if necessary, to achieve a specific purpose. |
| (4) | Matters necessary for the establishment and operation of special local governments shall be prescribed by Presidential Decree. |
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| Article 3 (Juristic Personality and Jurisdiction of Local Governments) |
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| (1) | Local governments shall be juristic persons. |
| (2) | The Special Metropolitan City, Metropolitan Cities, Dos and Special Autonomous Dos (hereinafter referred to as the "Cities/Dos") shall be under the direct jurisdiction of the Government. Sis shall fall under the jurisdiction of Dos, Guns, within the jurisdiction of Metropolitan Cities or Dos, and autonomous Gus, within the jurisdiction of the Special Metropolitan City or Metropolitan Cities. |
| (3) | Non-autonomous Gus may be established in any Si that is neither the Special Metropolitan City nor a Metropolitan City and that has a population of not less than 500,000. Eups and Myeons shall be established in Guns, Dongs shall be established in Sis and Gus (including autonomous Gus), and Ris shall be established in Eups and Myeons. |
| (4) | In the Si established under Article 7 (2), Dongs shall be established in an area of an urban type, and Eups/Myeons, in other areas, but if any Gu that is not an autonomous Gu is established, Eups/Myeons/Dongs may be established in such Gu. |
Section 2 Jurisdictions of Local Governments
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| Article 4 (Names and Jurisdictions of Local Governments) |
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| (1) | The names and jurisdictions of local governments shall remain the same as 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 in the areas of jurisdiction and names in Chinese characters of local governments shall be prescribed by Presidential Decree. <Amended by Act No. 9577, 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 local assemblies of the local governments concerned (hereinafter referred to as "local councils") shall be heard: Provided, That where the residents' voting is conducted 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 Public Administration and Security pursuant to the provisions of paragraphs (4) through (7): <Amended by Act No. 9577, Apr. 1, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10827, Jul. 14, 2011> |
| (4) | In cases 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 prior to the inspection of work completion under Article 45 of the same Act, and in cases under paragraph (3) 2, the competent authority under subparagraph 18 of Article 2 of the Act on Land Survey, Waterway Survey and Cadastral Records (hereinafter referred to as "competent cadastral authority") prior to the registration in the cadastral record, shall file respective applications to the Minister of Public Administration and Security 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 an application with the licensing authorities for the decision of a local government to which the relevant landfill site will belong. <Amended by Act No. 9577, Apr. 1, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10827, Jul. 14, 2011> |
| (5) | The Minister of Public Administration and Security shall, upon receipt of an application under paragraph (4), widely publicize such fact without delay for not less than 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 by Act No. 9577, Apr. 1, 2009> |
| (6) | The Minister of Public Administration and Security shall decide on 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 the period under paragraph (5) ends, and shall report and announce such results to the licensing authorities, competent cadastral authorities, or the heads of relevant local governments, etc. <Amended by Act No. 9577, Apr. 1, 2009> |
| (7) | The chairperson of the Committee may request the presence of public officials of relevant central administrative agencies and local governments or relevant experts to hear opinions, or call for 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 views. <Added by Act No. 9577, 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 Public Administration and Security pursuant to paragraphs (3) through (7), file a suit to the Supreme Court within 15 days from the date that he or she was notified of such result. <Added by Act No. 9577, Apr. 1, 2009> |
| (9) | The Minister of Public Administration and Security shall, if the decision on acceptance of the Supreme Court under paragraph (8) exists, make a decision again according to such purport. <Added by Act No. 9577, Apr. 1, 2009> |
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| Article 4-2 (Names and Jurisdictions of Non-autonomous Gus, Eups, Myeons, Dongs, etc.) |
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| (1) | The names and jurisdictions of Non-autonomous Gus, Eups, Myeons, and Dongs shall be identical to one used before, and any abolition, establishment, division or consolidation thereof shall be prescribed by Municipal Ordinance of the relevant local government after obtaining the approval from the Minister of Public Administration and Security: Provided, That any alteration of names and jurisdictions shall be prescribed by Municipal Ordinance of the relevant local government, and such results shall be reported to the Special Metropolitan City Mayor, Metropolitan City Mayor, and Do Governor. |
| (2) | The jurisdiction of Ris shall be based on naturally-established villages, and the names and jurisdictions thereof shall be identical to one used before, and any alteration of names and jurisdictions or any abolition, establishment, division or consolidation of Ris shall be prescribed by Municipal Ordinance of the relevant local government. |
| (3) | If necessary due to administrative changes, such as a decrease in population, Myeon (hereinafter referred to as "administrative Myeon") may be separately established for administrative purposes. For example, more than two Myeons may be operated as one Myeon as prescribed by Municipal Ordinance of the relevant local government. |
| (4) | In the cases of Dongs and Ris, as prescribed by Municipal Ordinance of the relevant local government for promoting administrative efficiency and the convenience of the public, Dong and Ri (hereinafter referred to as "administrative Dong and Ri") may be separately established for administrative purposes. For example, one unit of Dong and Ri may be split into two or more units, or two or more units of Dong and Ri may be integrated into one unit of Dong and Ri. |
| (5) | A subordinate organization may be established under an administrative Dong and Ri as prescribed by Municipal Ordinance of the relevant local government. |
[This Article Added by Act No. 9577, Apr. 1, 2009]
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| Article 5 (Succession to Affairs and Properties in Case of Alteration of Jurisdictions, or Abolition, Establishment, Division or Consolidation of Local Governments) |
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| (1) | In the case of the alteration of the jurisdiction or the abolition, es- tablishment, division or consolidation of a local government, the new local government having jurisdiction over the area shall succeed to the affairs and properties of the former local government. |
| (2) | In the case as referred to in paragraph (1), if it is difficult to divide by area the affairs and properties of the local government, the Minister of Public Administration and Security in the case of City/Do, and the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") in the case of Si/Gun/autonomous Gu, shall designate the limitation of such affairs and properties and the local government to succeed to them. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9577, Apr. 1, 2009> |
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| Article 6 (Seat of Office) |
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| (1) | The seats of the offices of local governments and non-autonomous Gu/Eup/Myeon/Dong shall be identical to one used before, and any alter- ation or new establishment thereof shall be prescribed by Municipal Ordinances of the competent 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 by Act No. 9577, Apr. 1, 2009> |
| (2) | The Municipal Ordinances as referred to in paragraph (1) shall be approved by an affirmative vote of a majority of all the registered members of the respective local councils concerned. |
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| Article 7 (Standards for Establishment of Si/Eup) |
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| (1) | A Si shall be of an urban type in most parts and shall have a population of not less than 50,000. |
| (2) | An area falling under any of the following subparagraphs may become a Si in an urban and rural complex form: |
| 1. | An area developed by integrating the Si and Gun established under paragraph (1); |
| 2. | A Gun having an area of an urban type with a population of not less than 50,000; |
| 3. | A Gun in which the total number of population of two or more areas of an urban type with a population of not less than 20,000 is 50,000 or more. In such cases, a population of the Gun shall not be less than 150,000, and shall meet the requirements prescribed by Presidential Decree; |
| 4. | An area in which a city has been formed due to the State policies and a branch office of Do has been established under Article 115, and whose population is not less than 30,000, and which is a part of the city whose population is not less than 150,000 in the urban and rural complex form. |
| (3) | An Eup shall be of an urban type in most parts and shall have a population of not less than 20,000: Provided, That if it falls under any of the following subparagraphs, it may become an Eup even though it has a population under 20,000: |
| 1. | A Myeon which is located in the seat of the Gun office; |
| 2. | One of the Myeons in the city in the urban and rural complex form, in which no Eup is established. |
| (4) | Detailed standards for establishment of Si/Eup shall be prescribed by Presidential Decree. |
Section 3 Functions and Affairs of Local Governments
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| Article 8 (Basic Principles of Management of Affairs) |
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| (1) | Local governments shall strive to promote the convenience and welfare of residents in the course of managing their affairs. |
| (2) | Local governments shall rationalize their organization and manage- ment, and optimize their size. |
| (3) | Local governments shall not manage their affairs in violation of Acts, subordinate statutes or Municipal Ordinances of superior local govern- ments. |
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| Article 9 (Scope of Activities of Local Governments) |
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| (1) | Local governments shall manage their autonomous affairs within their jurisdiction and the affairs entrusted to them under Acts and subordinate statutes. |
| (2) | Examples of affairs of local governments under paragraph (1) shall be as listed in the following subparagraphs: Provided, That if it is otherwise prescribed by other Acts, this shall not apply: <Amended by Act No. 8435, May 17, 2007; Act No. 10827, Jul. 14, 2011> |
| 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) | Enactment, revision, abolition, and management administration of Municipal Ordinances and Municipal Rules; |
| (c) | Organization and administration of subordinate administrative agencies; |
| (d) | Guidance and control of subordinate administrative agencies and organizations; |
| (e) | Management of personnel matters, welfare, and training 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 properties; |
| (h) | Management of administrative equipment, computerization of administration and improvement in administrative management; |
| (i) | Management of public properties; |
| (j) | Management of family relation registration and resident registration; |
| (k) | Preparation of various kinds of research materials and statistics needed by local governments; |
| 2. | Affairs concerning the promotion of welfare of residents: |
| (a) | Activities for the welfare of residents; |
| (b) | Installation, operation and management of facilities for social welfare; |
| (c) | Protection and assistance for the poor; |
| (d) | Protection and promotion of the welfare of old people, children, mentally and physically handicapped persons, youth and women; |
| (e) | Establishment and operation of health and medical treatment institutions; |
| (f) | Prevention of infectious diseases and other diseases; |
| (g) | Operation and management of cemeteries, crematoriums, and charnels; |
| (h) | Guidance for the improvement in sanitary conditions of public entertainment 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, trade, industry, etc.: |
| (a) | Installation and management of agricultural irrigation facilities, such as small ponds, reservoirs, etc.; |
| (b) | Support for production and circulation of agricultural, forestry, livestock and marine products; |
| (c) | Management of agricultural materials; |
| (d) | Management and guidance of combined farming; |
| (e) | Support and guidance for profit-making business other than agriculture; |
| (f) | Encouragement of fringe income business of farm 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) | Support and assistance for local industries; |
| (k) | Consumer protection and encouragement of savings; |
| (l) | Support for small and medium enterprises; |
| (m) | Development, promotion, and assistance of local specialized industries; |
| (n) | Development of superior 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) | New installation, repair and maintenance of provincial roads and Si/Gun roads; |
| (e) | Encouragement and assistance for the improvement of residential living environments; |
| (f) | Improvement of rural houses and village structure; |
| (g) | Activities for protection of nature; |
| (h) | Management of GradeIand Grade II 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 parks established by any Do/Gun/Si, green areas, etc.; |
| (l) | Operation of local railroad projects; |
| (m) | Installation and management of facilities for the convenience of traffic such as parking lots, traffic marks, etc.; |
| (n) | Establishment and enforcement of countermeasures against disasters; |
| (o) | Support and assistance for the local economy; |
| 5. | Affairs concerning the promotion of education, athletics, culture and art: |
| (a) | Establishment, operation, and guidance of day-care centers, kindergartens, elementary schools, middle schools, high schools and other kinds of schools of similar levels; |
| (b) | Installation and management of public educational, athletic and cultural facilities such as libraries, playgrounds, plazas, gymnasiums, museums, performance centers, galleries, music halls, etc.; |
| (c) | Designation, preservation, and management of local cultural heritages; |
| (d) | Promotion of local culture and art; |
| (e) | Support for local cultural and art organizations; |
| 6. | Affairs concerning local civil defense and local fire fighting: |
| (a) | Formation, operation, direction and control of local and workplace civil defense organizations (including a volunteer fire brigade); |
| (b) | Prevention of, vigilance over, extinguishing, and investigation of local fires, rescue and first aid activities. |
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| Article 10 (Standards for Allocating Affairs According to Types of Local Governments) |
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| (1) | The standards for allocating affairs of local governments as referred to in Article 9 according to types of local governments shall be prescribed in the following subparagraphs: Provided, That the affairs as referred to in Article 9 (2) 1 shall be affairs common to all local governments: |
| (a) | Broad-area administrative affairs, the results of which affect two or more Sis/Guns/autonomous Gus; |
| (b) | Affairs which shall be managed in accordance with the same standard applicable to a unit of City/Do; |
| (c) | Affairs which need to maintain uniformity within a unit of City/Do with local uniqueness kept intact; |
| (d) | Affairs concerning the contact, coordination, etc. between the State and Si/Gun/autonomous Gu; |
| (e) | Affairs which are inappropriate for the Si/Gun/autonomous Gu to manage independently; |
| (f) | Affairs concerning the installation and management of facilities whose size is considered to be appropriate 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 not less than 500,000 may be allowed to manage part of the affairs managed by Do independently.
| (2) | Affairs by types of local governments according to the criteria for allocation as referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The City/Do and the Si/Gun/autonomous Gu shall not conflict with one another in the course of managing their affairs. If conflicts happen among them, the Si/Gun/autonomous Gu shall have precedence in managing such affairs. |
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| Article 11 (Restriction on Handling State Affairs) |
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No local governments shall manage State affairs falling under any of the following subparagraphs: Provided, That if it is otherwise prescribed by other Acts, this shall not apply:
| 1. | Affairs necessary for the survival of the nation, such as diplomacy, national defense, administration of justice, national tax, etc.; |
| 2. | Affairs which are required to be managed in a uniform manner throughout the nation, such as policies of price, finance, export, import, etc.; |
| 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 the comprehensive national economic development plan, national rivers, state-owned forests, the comprehensive national land development plan, designated harbors, national expressways, national roads, national parks, etc.; |
| 5. | Affairs which require uniformity and coordination of standards throughout the nation, such as labor standards, units of measurement, etc.; |
| 6. | Affairs of nationwide or similar scale such as the postal and railroad services; |
| 7. | Affairs which are inappropriate for the technological and financial capability of local governments, such as inspections, testing, research, aviation administration, meterological administration, the development of nuclear power, etc. which require sophisticated technology. |
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| Article 12 (Qualifications of Residents) |
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Persons who have domicile within the jurisdiction of a local govern- ment shall be residents of such local government.
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| Article 13 (Rights of Residents) |
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| (1) | Residents shall have the right to use property and public facilities of their local governments, and to benefit equally from the administration of their local governments as prescribed by Acts and subordinate statutes. |
| (2) | Residents who are nationals of the nation shall have the right to participate in elections of the members of local councils and the heads of local governments to be held in such local governments (hereinafter referred to as "local elections") as prescribed by Acts and subordinate statutes. |
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| Article 14 (Residents' Voting) |
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| (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. |
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| Article 15 (Request for Enactment, Revision or Abolition of Municipal Ordinance) |
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| (1) | Residents of 19 years of age or older falling under any of the following subparagraphs (those who have no suffrage pursuant to 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 enactment, revision or abolition of Municipal Ordinances under the joint signatures of not less than the number of residents of 19 years of age or older prescribed by Municipal Ordinance of the relevant local government within the extent between 1/100 or more and 1/70 or fewer of the total number of the residents of 19 years of age or older for the City/Do and a large city with 500,000 or more residents pursuant to Article 175, or within the extent between 1/50 or more and 1/20 or fewer of the total number of the residents of 19 years of age or older for the Si/Gun/autonomous Gu, from the head of the competent local government: <Amended by Act No. 9577, Apr. 1, 2009> |
| 1. | A person registered as a resident in the area of jurisdiction of the relevant local government; |
| 3. | A person listed in the registry of foreigners of the relevant local government under Article 34 of the Immigration Control Act, as a foreigner for whom three years have passed since the date when he or she was granted the right of permanent residence under Article 10 of the same Act. |
| (2) | The following matters shall be excluded from the object of the request under paragraph (1): <Added by Act No. 9577, Apr. 1, 2009> |
| 1. | Matters in violation of Acts and subordinate 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 opposing the establishment of public facilities. |
| (3) | When the residents of 19 years of age or older in a local government intend to request the enactment, revision or abolition of the Municipal Ordinance pursuant to paragraph (1), they shall select a representative of applicants and enter his or her name in the applicant roster, and the representative of applicants shall write and submit a draft of enactment, revision or abolition of the Municipal Ordinance (hereinafter referred to as "draft of the Municipal Ordinance requested by residents"). <Amended by Act No. 9577, Apr. 1, 2009; Act No. 10827, Jul. 14, 2011> |
| (4) | Where there is a request pursuant to paragraph (1), the head of a local government shall provide public notice of its details within five days from the receipt of such request, and make the applicant roster or its copy perused by exhibiting it at an open place for ten days from the date of such announcement. <Amended by Act No. 9577, Apr. 1, 2009> |
| (5) | A person dissatisfied with the signatures on the applicant roster may file an objection to the head of the competent local government within the period of perusal referred to in paragraph (4). <Amended by Act No. 9577, Apr. 1, 2009> |
| (6) | When an objection is filed pursuant to paragraph (5), the head of the competent local government shall examine and determine upon it within 14 days from the completion of the period of perusal referred to in paragraph (4), and when he or she has deemed the objection justifiable, he or she shall amend the applicant roster and notify the person who has filed the objection and the representative of applicants referred to in paragraph (3) thereof, and when he or she has determined that reasonable grounds do not exist for the objection, he or she shall immediately notify the person who has filed the objection thereof. <Amended by Act No. 9577, Apr. 1, 2009> |
| (7) | Where there exists no objection referred to in paragraph (5) or where the determination is complete pursuant to paragraph (6) to 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 satisfied, accept such request, and if such requirements have not been satisfied, reject such request, and notify the representative of applicants of acceptance or rejection. <Amended by Act No. 9577, Apr. 1, 2009> |
| (8) | Where he or she intends to turn down a request pursuant to paragraph (7), the head of the competent local government shall provide the representative of applicants with an opportunity to state his or her opinion. <Amended by Act No. 9577, 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 applicants of such results. <Amended by Act No. 9577, Apr. 1, 2009; Act No. 10827, 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 Korean address by Korean nationals residing abroad, and foreigner registry as of December 31 of the preceding year. <Amended by Act No. 9577, Apr. 1, 2009> |
| (11) | Other matters necessary for a request for enactment, revision, or abolition of Municipal Ordinances shall be determined by Presidential Decree. <Amended by Act No. 9577, Apr. 1, 2009> |
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| Article 15-2 (Procedure for Examination of Draft of the Municipal Ordinance Requested by Residents) |
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| (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 making a resolution on the draft of the Municipal Ordinance requested by residents which is referred for examination, a local council may cause a representative of applicants to attend the session and hear the intent of the request (including questions and answers with the representative of the applicants). |
| (3) | Matters necessary for the examination procedure of the draft of the Municipal Ordinance requested by residents pursuant to paragraph (2) shall be prescribed by rules of the meeting of a local council. |
[This Article Added by Act No. 10827, Jul. 14, 2011]
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| Article 16 (Residents' Request for Inspection) |
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| (1) | Where deemed that the disposition of affairs belonging to the authority of a local government and its head has violated Acts and subordinate statutes or substantially undermine public interests, residents of 19 years of age or older in a local government may request the inspection under the joint signatures of residents not less than the number of those of 19 years of age or older as determined by Municipal 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 not less than 500,000 as referred to in Article 175, and 200 persons in other Si/Gun/autonomous Gu, from the competent Minister in the case of the City/Do, and from 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 involved in a criminal investigation or trial; |
| 2. | Matters of concerns over a violation of a person's privacy; |
| 3. | Matters which have been inspected or are under inspection by other agencies: Provided, That this shall not apply to cases where new matters have been discovered or important matters have been omitted in the inspection and where they are subject to residents' lawsuit as referred to in Article 17 (1), even if they have been inspected by such other agencies; |
| 4. | Matters for which the lawsuit falling under any subparagraph of Article 17 (2) in relation to the same matter is pending, or the adjudication thereof has been fixed. |
| (2) | If two years have elapsed from the date on which the relevant disposition of affairs has been done or completed, no request as referred to in paragraph (1) shall be made. |
| (3) | The competent Minister or the Mayor/Do Governor shall, within 60 days from the date of acceptance of a request for an inspection, complete the inspection on the matters under request for the inspection, and shall notify in writing the representative of applicants and the head of the competent local government of the result of inspection and provide public notice thereof: Provided, That where a justifiable cause exists, making it difficult to complete the inspection within the term, he or she may extend the term. In such cases, he or she shall notify the representative of applicants and the head of the competent local government thereof in advance and provide public notice thereof. |
| (4) | Where matters for which the residents have requested the inspection have been already inspected or are under inspection by any other agency, the competent Minister or the Mayor/Do Governor shall notify the representative of applicants and such agency of the result of inspection executed by the said agency, or the fact of being under inspection, and the fact that the result of inspection is to be notified after its completion. |
| (5) | In disposing (including rejection) of the request for inspection by the residents, the competent Minister or the Mayor/Do Governor must provide the representative of applicants with an opportunity to present any evidence and to state opinions. <Amended by Act No. 10827, 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 execute them faithfully, and report the result of measures taken in relation 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 the representative of applicants of the details of request for measures as referred to in paragraph (6) and the result of disposition of the head of competent local government, and provide public notice thereof. |
| (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, "enactment, revision or abolition of Municipal Ordinances" shall be deemed "inspection", and "head of a local government" as "competent Minister or Mayor/Do Governor". <Amended by Act No. 9577, Apr. 1, 2009> |
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| Article 17 (Residents' Lawsuit) |
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| (1) | The residents having made a request for inspecting the matters concerning the disbursement of public money, matters concerning the acquisition, management and disposition of property, matters concerning the conclusion and execution 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, fine for negligence, pursuant to Article 16 (1) may, where it falls under any of the following subparagraphs, file a lawsuit for the unlawful acts or the neglect of business related to matters requested for the inspection against the head of the competent local government (where he or she delegates authority to handle such matters to the head of the agency under his or her jurisdiction, it refers to 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 even if 60 days (where the period for inspection was extended pursuant to the proviso of Article 16 (3), it refers to the date the extended period has expired) have elapsed from the date on which the competent Minister or the Mayor/Do Governor has accepted the request for inspection; |
| 2. | Where they are dissatisfied with the result of inspection as referred to in Article 16 (3) and (4) or the request for measures as referred to in Article 16 (6); |
| 3. | Where the head of the competent local government has failed to act on the request for measures by the competent Minister or the Mayor/Do Governor as referred to in Article 16 (6); |
| 4. | Where they are dissatisfied with the implementing measures by the head of the local government as referred to in Article 16 (6). |
| (2) | The lawsuits which the residents may file pursuant to paragraph (1) shall be as follows: |
| 1. | Where there exist concerns over resulting in the damages difficult to recover if the relevant acts are continued, the lawsuit demanding a suspension of the whole or part of the relevant acts; |
| 2. | The lawsuit demanding a cancelation or alteration of the relevant acts which are administrative dispositions, or demanding to verify whether or not the relevant acts are valid or whether or not they are in existence; |
| 3. | The lawsuit demanding a confirmation of unlawfulness of relevant fact of neglect; |
| 4. | The lawsuit making a request for compensation for damages or return of unjust enrichment to the head and staff members 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 94 of the Local Finance Act or Article 4 of the Act on Liability of Accounting Personnel, etc., it refers to the lawsuit demanding to make the order for relevant compensation. |
| (3) | No lawsuit demanding a suspension as referred to in paragraph (2) 1 shall be filed when there exists a concern over causing grave harms to life or body, or otherwise over remarkably impeding the public welfare by suspending the relevant acts. |
| (4) | The lawsuit pursuant to paragraph (2) shall be filed within 90 days from the date on which it falls under any one of the following subparagraphs: |
| 1. | In the case of paragraph (1) 1: Date on which the relevant 60 days have elapsed (where the inspection period was extended pursuant to the proviso to Article 16 (3), it refers to the date on which the extended period has expired); |
| 2. | In the case of paragraph (1) 2: Date on which the notice of the result of the relevant inspection or of the contents of request for measures has been received; |
| 3. | In the case of paragraph (1) 3: Date on which the disposition period designated when making a demand for the relevant measures has expired; |
| 4. | In the case of paragraph (1) 4: Date on which the notice of the result of the relevant implementing measures has been received. |
| (5) | When the lawsuit falling under each subparagraph of paragraph (2) is pending, no resident shall file a separate lawsuit for the same matters. |
| (6) | When the resident who filed a lawsuit dies or loses the qualification for residents as referred to in Article 12 while the lawsuit is pending, the procedures for lawsuit shall be suspended. The same shall also apply to the case where there exists a litigation representative. |
| (7) | Other residents who made joint signatures on the demand for inspection may succeed to the lawsuit procedures within six months from the date on which he or she has become aware of the fact that the causes as referred to in paragraph (6) have occurred. If the succession procedures are not implemented within the prescribed period, the lawsuit concerned shall be complete. |
| (8) | Where the lawsuit has been suspended pursuant to paragraph (6), the court shall notify without delay other residents who made joint signatures on the demand for inspection of the causes for a suspension of the lawsuit procedures and the method of succeeding to the lawsuit pro- cedures. In this case, the court may forward by mail its notice to the address stated on the demand for inspection, and the residents who made joint signatures on the demand for inspection shall be deemed to have known of the fact that the causes of paragraph (6) accrued at the time the mail may normally arrive. |
| (9) | The lawsuit as referred to in paragraph (2) shall fall under the jurisdiction of an administrative court having jurisdiction over the location of the office of relevant local government (in the case of areas where no administrative court has been established, referring to the principal court of district court having jurisdiction over cases belonging to the authority of an administrative court). |
| (10) | Where there exists a third party who is likely to suffer an infringement of rights or interests pursuant to the result of the lawsuit filed under paragraph (2) 1 through 3 or where the lawsuit as referred to in paragraph (2) 4 has been filed, the head of the relevant local government shall file an application with the court for making the notice of lawsuit to the third party or to the relevant staff members, members of the local council or counter party. |
| (11) | Where the lawsuit has been filed under paragraph (2) 4, an application for the notice of lawsuit made by the head of local government shall be deemed the request as referred to in subparagraph 1 of Article 168 of the Civil Act concerning a suspension of prescription of a right of claim for compensation for damages or return of unjust enrichment concerning the relevant lawsuit. |
| (12) | The validity of suspension of prescription as referred to in paragraph (11) shall not be effective unless a request in the trial, a participation in the bankruptcy procedures, a seizure or provisional seizure, or a provisional disposition is made within six months from the date on which the said lawsuit has been complete. |
| (13) | The State, higher local government, other residents who made 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 as referred to in paragraph (2), the concerned 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 this case, the court shall notify the other residents who made joint signatures on the request for inspection thereof before granting permission, 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 above notice. |
| (15) | The lawsuit as referred to in paragraph (2) shall be deemed the lawsuit for the purpose of the specific non-property rights as referred to in Article 2 (4) of the Act on the Stamps Attached for Civil Litigation, etc.. |
| (16) | The residents who raised the lawsuit may request the relevant local government to compensate for the lawsuit expenses, such as the remuneration for a lawyer, the travel expenses required for the progress, etc. of procedures for the request for inspection, and other actual expenses, where they have won the lawsuit (including a partial winning of the lawsuit). In this case, the relevant local government shall pay the amount admitted as objectively required for the progress of the relevant lawsuit within the scope of requested amount. |
| (17) | The Administrative Litigation Act shall govern the lawsuit as referred to in paragraph (1), with the exception of what is provided for in this Act. |
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| Article 18 (Request for Payment, etc. of Damage Compensation, etc.) |
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| (1) | When the adjudication of ordering a request for damage compensation or return of unjust enrichment concerning the lawsuit as referred to in the main sentence of Article 17 (2) 4 is fixed, the head of the competent local government (if the authority to conduct the affairs in question is delegated to the head of an agency under his or her control, he or she refers to the head of such agency; hereafter the same shall apply in this Article) shall make a request for payment of the damage compensation or for return of unjust enrichment determined by the adjudication against the relevant party, within the period not exceeding 60 days from the date on which the relevant adjudication is fixed: Provided, That where the relevant party liable to pay the damage compensation or to return the unjust enrichment is the head of the local government, the chairperson of relevant local council shall make a request for the said payment or return. |
| (2) | When the person upon receipt of a request for payment or return as referred to in paragraph (1) has failed to pay the damage compensation or to return the unjust enrichment within the deadline prescribed in the same paragraph, the local government shall raise a lawsuit with the purpose of demand for the damage compensation or return of the unjust enrichment. In this case, where the counterpart of said lawsuit is the head of the local government, the chairperson of relevant local council shall represent the local government. |
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| Article 19 (Order for Compensation, etc.) |
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| (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. |
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| Article 20 (Summons by Residents) |
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| (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, re- quirements for such request, procedure, validity, etc. thereof shall be separately prescribed by other Acts. |
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| Article 21 (Duties of Residents) |
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Residents shall have a duty to share the expenses of the local government whereto they belong, as prescribed by Acts and subordinate statutes.
CHAPTER III MUNICIPAL ORDINANCES AND MUNICIPAL RULES
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| Article 22 (Municipal Ordinances) |
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Local governments may enact Municipal Ordinances concerning their af- fairs within the purview of Acts and subordinate statutes: Provided, That when such local governments determine matters concerning the restric- tion on rights of residents, the imposition of obligations on residents, or penal provisions, they shall have the authority delegated by Acts.
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| Article 23 (Municipal Rules) |
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The heads of local governments may enact Municipal Rules concerning their competent affairs to the extent delegated by Acts and subordinate statutes or Municipal Ordinances.
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| Article 24 (Limit to Enactment of Municipal Ordinances and Municipal Rules) |
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The Municipal Ordinances and Municipal Rules of Si/Gun/autonomous Gu shall not violate those of City/Do.
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| Article 25 (Enforcement of Municipal Ordinances and Municipal Rules in Case of Establishment of Local Governments or Alteration of Levels Thereof) |
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When a new local government is established or the level of a local govern- ment 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 which were enforced in the jurisdiction until new Municipal Ordinances or Municipal Rules concern- ing necessary matters are enacted and enforced.
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| Article 26 (Procedures, etc. for Enactment of Municipal Ordinances and Municipal Rules) |
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| (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 objects 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 this case, 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 attendance of a majority of all the registered members and by an affirmative vote of two-thirds or more 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 forepart of paragraph (6), he or she shall notify the chairperson of the relevant local council thereof without delay, and when the chairperson of the local council has promulgated a Municipal Ordinance under the latter part of paragaph (6), he or she shall notify the head of the relevant local government thereof without delay. <Added by Act No. 10827, Jul. 14, 2011> |
| (8) | Except as otherwise prescribed, Municipal Ordinances and Municipal Rules shall enter into force 20 days after the date of their promulgation. <Amended by Act No. 10827, Jul. 14, 2011> |
| (9) | Matters necessary for the promulgation of Municipal Ordinances and Municipal Rules shall be prescribed by Presidential Decree. (8) Except as otherwise prescribed, Municipal Ordinances and Municipal Rules shall enter into force with the lapse of the twentieth day following the date of their promulgation. <Amended by Act No. 10827, Jul. 14, 2011> |
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| Article 27 (Fines for Negligence for Offense in Violation of Municipal Ordinance) |
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| (1) | A local government may determine by Municipal Ordinance the fine for negligence in an amount not to exceed ten million won for an offense in violation of the Municipal Ordinance. |
| (2) | The fine for negligence as referred to in 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 by Act No. 9577, Apr. 1, 2009> |
| (3) | through (5) Deleted. <by Act No. 9577, Apr. 1, 2009> |
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| Article 28 (Reporting) |
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In the event of enactment, revision or abolition of a Municipal Ordinance or a Municipal Rule, within five days from the date of transfer by the local council concerned 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 thereon to the Minister of Public Administration and Security, and the head of Si/Gun/autonomous Gu, to the Mayor/Do Governor, respectively, with the full text of such Municipal Ordinance or Municipal Rule attached thereto, and the Minister of Public Administration and Security shall, upon receipt of the report, inform the head of the competent central administrative agency thereof. <Amended by Act No. 8852, Feb. 29, 2008>
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| Article 29 (Enactment of Acts concerning Local Elections) |
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Necessary matters concerning local elections excluding those as prescribed by this Act shall be separately prescribed by other Acts.
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| Article 30 (Establishment of Local Councils) |
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Local councils shall be established in local governments.
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| Article 31 (Election of Local Council Members) |
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Members of local councils shall be elected by a residents' universal, equal, direct and secret vote.
Section 2 Local Council Members
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| Article 32 (Terms of Office of Local Council Members) |
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The terms of office of local council members shall be four years, respectively.
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| Article 33 (Expenses for Parliamentary Activities, etc. of Members) |
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| (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 Municipal 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 by Act No. 9577, Apr. 1, 2009> |
| (3) | Matters necessary for composition, operation, etc. of the deliberation committee on parliamentary expenses shall be prescribed by Presidential Decree. |
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| Article 34 (Compensation for Injury, Death, etc.) |
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| (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 the proviso to 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. |
| (2) | The criteria for payment of the compensation as referred to in paragraph (1) shall be prescribed by Municipal Ordinance of the competent local government within the scope prescribed by Presidential Decree. |
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| Article 35 (Prohibition of Holding Concurrent Offices, etc.) |
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| (1) | No member of local council may concurrently hold any office falling under any of the following subparagraphs: <Amended by Act No. 9577, 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 elec- tion commission; |
| 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 of holding a public position as prescribed by other Acts and subordinate 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. <Added by Act No. 9577, Apr. 1, 2009> |
| (3) | Where a local council member holds other job except those falling under any of the subparagraphs of paragraph (1) before being elected, he or she shall report in writing to the chairperson of the local council, within one month after the commencement of his or her tenure of office, or within 15 days after his or her inauguration where he or she takes office of such another job during his or her tenure of office, and methods and procedures thereof shall be prescribed by Municipal Ordinance of the relevant local government. <Added by Act No. 9577, Apr. 1, 2009> |
| (4) | Where a local council member's holding other job 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 such another job. <Added by Act No. 9577, 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. |
| (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 Municipal Ordinance of the competent local government. <Added by Act No. 9577, Apr. 1, 2009> |
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| Article 36 (Obligations of Council Members) |
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| (1) | Local council members shall give first priority to public interest and shall perform their duties conscientiously and faithfully. |
| (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 enter- prises or by their disposition. |
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| Article 37 (Notification of Arrest of Council Members and Irrevocable Judgment) |
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| (1) | If a local council member is arrested or confined, the head of the investigating agency concerned shall notify without delay the chairperson of the local council concerned thereof with a copy of the warrant attached. |
| (2) | If a local council member has been indicted in a criminal case and its judgment has become final, the head of the competent court shall without delay notify the competent council's chairperson thereof. |
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| Article 38 (Responsibilities, etc. of Local Council) |
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| (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 pro- fessionalism necessary for activities of the council. |
CHAPTER VI EXECUTIVE ORGANS
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| Article 40 (Demand for Submission of Documents) |
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| (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 by Act No. 10827, Jul. 14, 2011> |
| (3) | If any council member demands to submit documents during an adjournment session, the chairperson may demand therefor, notwithstanding paragraph (1). <Added by Act No. 10827, 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. <Added by Act No. 10827, Jul. 14, 2011> |
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| Article 41 (Authority to Inspect and Investigate Administrative Affairs) |
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| (1) | A local council may conduct once each year an inspection of affairs of the local government concerned for a period not exceeding fourteen days in the case of City/Do, and nine days in the case of Si/Gun/autonomous Gu, and have the plenary session or the committee investigate any specific matters of the affairs of the local government by a resolution of the plenary session. <Amended by Act No. 10827, Jul. 14, 2011> |
| (2) | If any council member wishes to propose an investigation as referred to in paragraph (1), he or she shall do it in writing specifying the reason, and it shall require joint signatures of not less than one-third of all the registered council members. |
| (3) | The inspection of the State affairs and City/Do affairs administered by a local government and the head of the local government under a delegation of authority, shall be carried out by the City/Do council and the Si/Gun/autonomous Gu council concerned, respectively, excluding those which are subject to a direct inspection of the National Assembly and the City/Do council. In such cases, the National Assembly and the City/Do council may demand that the local council concerned 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 evidence in a testimony as referred to in paragraph (4), may be accused, and if the person who is requested to submit documents under paragraph (4) fails to submit them within the given time limit without justifiable causes, ro 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 any justifiable causes, he or she may be subject to the imposition of a fine for negligence in an amount not exceeding five million won. <Amended by Act No. 10827, Jul. 14, 2011> |
| (6) | The procedures for imposing a fine for negligence as referred to in paragraph (5) shall be governed by Article 27. |
| (7) | Matters necessary for an inspection or investigation as referred to in paragraph (1) and an inspection as referred to in paragraph (3), shall be prescribed by Presidential Decree by referring to the Act on the Inspection and Investigation of State Administration, and the procedures for the oath, testimony, appraisal, etc. as referred to in paragraphs (4) and (5), shall be prescribed by Presidential Decree by referring to the Act on Testimony, Appraisal, etc. before the National Assembly. |
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| Article 41-2 (Process for Inspection or Investigation of Administrative Affairs) |
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| (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 Added by Act No. 10827, Jul. 14, 2011]
Section 1 Head of Local Government
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| Article 45 (Extraordinary Session) |
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| (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 one-third or more of all the registered 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 exist two or more of the most frequently elected members whose freqencies are equal, by a senior member in the order of seniority among them. <Amended by Act No. 10827, 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 by Act No. 10827, Jul. 14, 2011> |
Section 2 Auxiliary Organization
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| Article 48 (Election and Term of Office of Chairperson and Vice-Chairperson) |
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| (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. <Added by Act No. 10827, Jul. 14, 2011> |
| (3) | The respective terms of office of the chairperson and vice-chairpersons shall be two years. <Amended by Act No. 10827, Jul. 14, 2011> |
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| Article 54 (Acting for Chairperson at Election of Chairperson, etc.) |
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When there is no one 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 members with the most times of election, a senior member shall perform such duties. In such case, if a council member who are liable for such duties fails to perform the duties of conducting the election of chairpersons, etc. without any justifiable reason, a council member of next priority shall act for his or her behalf. <Amended by Act No. 10827, Jul. 14, 2011>
Section 3 Administrative Organizations under Control
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| Article 61 (Opening of Committee Meetings) |
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| (1) | Committee meetings shall be held when a plenary session passes a resolution for it, the chairperson deems it necessary, or one-third or more of all the registered 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 by Act No. 10827, Jul. 14, 2011]
Section 4 Subordinate Administrative Organization
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| Article 65 (Open Session) |
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| (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 two- thirds or more of the members present on the motion of three or more council members, or when the chairperson deems it necessary to close the session in order to maintain peace and order in society. <Amended by Act No. 10827, 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. <Added by Act No. 10827, Jul. 14, 2011> |
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| Article 66 (Proposition of Bills) |
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| (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 one-fifth or more of all the registered members or, ten or more 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 the number of proposing members is two or more, the name of one representative of the members shall be stated. <Added by Act No. 10827, 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. <Added by Act No. 10827, Ju. 14, 2011> |
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| Article 66-2 (Pre-Announcement of Bill of Municipal Ordinance) |
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| (1) | With respect to a bill of Municipal Ordinance which is the subject of examination, the local council may issue a pre-announcement on the purpose, important matters and the full text may be pre-announced by means of a gazette or an internet homepage, etc. fixing a period of five days or more. |
| (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 Added by Act No. 10827, Jul. 14, 2011]
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| Article 66-3 (Submission of Data, etc. of Estimated Expenses relating to Bill) |
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| (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 expenses and the procedures for preparation and submission of the data relating to the method of securing the fund under paragraph (1) shall be prescribed by ordinance of a local government. |
[This Article Added by Act No. 10827, Jul. 14, 2011]
Section 5 Organizations concerning Education, Science, and Athletics
CHAPTER VII FINANCIAL AFFAIRS
Section 1 Basic Principles of Financial Management
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| Article 93 (Heads of Local Governments) |
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A Special Metropolitan City or Metropolitan City shall have a Mayor, and a Do or Special Self-Governing Province shall have a Do Governor, respectively. A Si shall have the head of Si; a Gun, the head of Gun; and an autonomous Gu, the head of Gu, respectively.
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| Article 94 (Election of Head of Local Government) |
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The head of a local government shall be elected by a universal, equal, direct and secret vote of residents.
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| Article 95 (Term of Office of Head of Local Government) |
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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.
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| Article 96 (Restriction on Concurrent Holding of Office, etc.) |
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| (1) | No head of a local government may hold concurrently any office falling under any of the following subparagraphs: <Amended by Act No. 9577, 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 mem- ber of a local council; |
| 3. | An office which is entitled to the status of a public official pursuant to the provisions of other Acts and subordinate 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. |
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| Article 97 (Abolition, Establishment, Division and Consolidation of Local Government, and Head of Local Government) |
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Where the head of a local government is to be newly elected due to aboli- tion, establishment, division or consolidation of the local government, the Minister of Public Administration and Security shall designate the person acting for the Mayor/Do Governor, and the Mayor/Do Governor, the person acting 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 in 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 by Act No. 8852, Feb. 29, 2008>
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| Article 98 (Resignation of Head of Local Government) |
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| (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 resigna- tion 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. |
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| Article 99 (Retirement of Head of Local Government) |
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If the head of a local government falls under any of the following sub- paragraphs, he or she shall be made to retire from his or her office:
| 1. | Where he or she assumes an office which the head of the local govern- ment is not permitted to hold concurrently; |
| 2. | Where he or she becomes ineligible for being elected (including where he or she transfers his or her resident registration to the outside of the area of the local government due to any reason other than the alter- ation of jurisdiction or, abolition or consolidation of the local government); |
| 3. | Where he or she loses the office of the head of the local government under Article 97. |
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| Article 100 (Notification of Arrest and Irrevocable Judgment of Head of Local Government) |
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| (1) | Where there exists the head of a local government arrested or detained, the head of the criminal investigation agency concerned shall without delay notify the competent local government thereof with a copy of warrant attached. In such cases, the local government so notified shall report it without delay to the Minister of Public Administration and Security. Where a Si/Gun/autonomous Gu reports to the Minister of Public Administration and Security, it shall go through the competent Mayor/Do Governor. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | Where the head of the local government is indicted for a criminal case and his or her irrevocable judgment is made, the head of the competent court shall without delay notify the competent local government thereof. In such cases, the local government so notified shall report it without delay to the Minister of Public Administration and Security. Where a Si/Gun/autonomous Gu reports to the Minister of Public Administration and Security, it shall go through the competent Mayor/Do Governor. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 101 (Authority to Govern and Represent Local Governments) |
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The head of a local government shall represent the local government, and exercise general direction and control over the affairs thereof.
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| Article 102 (Delegation of State Affairs) |
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Except as otherwise prescribed by Acts and subordinate statutes, the State affairs enforced 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 to be administered by them respectively.
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| Article 103 (Authority of Administration and Execution of Affairs) |
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The head of a local government shall administer and execute the affairs of the competent local government and the affairs delegated to the head of the local government by Acts and subordinate statutes.
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| Article 104 (Delegation, etc. of Affairs) |
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| (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. |
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| Article 105 (Authority to Appoint and Dismiss Personnel) |
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The head of a local government shall direct and supervise personnel under his or her control and take charge of matters concerning the appointment, dismissal, education and training, service, disciplinary sanctions, etc. as prescribed by Acts and subordinate statutes, Municipal Ordinances and Municipal Rules.
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| Article 106 (Transfer of Duties) |
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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.
Sub-Section 3 Relationship with Local Councils
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| Article 107 (Request for Reconsideration of Local Council's Resolution and Institution of Lawsuit Thereon) |
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| (1) | If a resolution of a local council is deemed to exceed its powers, to violate the Acts and subordinate statutes, or to be greatly detrimental to the public interest, the head of the competent local government may request a reconsideration, specifying the reasons therefor, within 20 days from the date when the resolution is transferred. |
| (2) | If a resolution identical with the preceding one is adopted with attendance of a majority of all the registered members of the local council and by an affirmative vote of two-thirds or more 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 finds the matters decided again under paragraph (2) are contrary to Acts and subordinate statutes, he or she may institute a lawsuit to the Supreme Court. In such cases, the provisions of Article 172 (3) shall apply mutatis mutandis. |
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| Article 108 (Request for Reconsideration of Resolution Which can Not be Executed Due to Budget Constraints) |
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| (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 Acts and subordinate 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. |
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| Article 109 (Urgent Actions by Head of Local Government) |
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| (1) | If a local council fails to meet the quorum for the session (referring to a case where the quorum for a resolution as provided for in Article 64 becomes short due to detention, etc. of any member of the local council), or if matters, which are needed urgently to protect the life and property of residents from among those to be resolved by the local council, fail to 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 urgent actions to settle such matters. |
| (2) | The urgent actions as referred to in paragraph (1) shall be reported without delay to the local council to obtain its approval. |
| (3) | If the urgent actions are not approved by the local council under para- graph (2), 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 Budget and Settlement of Accounts
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| Article 110 (Vice Governor and Deputy Head of Si/Gun/Gu) |
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| (1) | A deputy Mayor shall be appointed in a Special Metropolitan City and a Metropolitan City, a Vice Governor in each Do and Special Self-Governing Province, and a deputy head, in each Si/Gun/autonomous Gu, respectively, and an authorized number thereof shall be as follows: |
| 1. | An authorized number of the deputy Mayors of the Special Metropol- itan City: It shall be prescribed by Presidential Decree within the limit of three persons; |
| 2. | An authorized number of the deputy Mayors of each Metropolitan City and Vice Governors of each Do and Special Self-Governing Province: It shall be determined by Presidential Decree within the limit of two persons (three persons in the case of a Metropolitan City or Do with a popula- tion of eight million or more); |
| 3. | An authorized number of the deputy heads of each Si/Gun/autonomous Gu: It shall be one person. |
| (2) | The deputy Mayors of a Special Metropolitan City and Metropolitan Cities, and Vice Governors of Dos and Self-Governing Provinces shall be appointed to be State public officials in political or general service as prescribed by Presidential Decree: Provided, That if two or three deputy Mayors of a Special Metropolitan City and each Metropolitan City, and two or three Vice Governors of each Do and Special Self-Governing Province, are appointed under paragraph (1) 1 and 2, one of them shall be appointed to be a local public official in political, general or extraordinary service, as prescribed by Presidential Decree, and the qualification standards for being appointed as local public officials in political and extraordinary service shall be prescribed by Municipal Ordinance of the competent local government. <Amended by Act No. 9577, Apr. 1, 2009> |
| (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 Public Administration and Security 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 exist. <Amended by Act No. 8852, Feb. 29, 2008> |
| (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 Si/Gun/Gu, respectively, shall assist the head of the competent local government, control all the affairs, and direct and control the personnel under their control. |
| (6) | Where two or three deputy Mayors or Vice Governors are appointed for a City/Do under paragraph (1) 1 and 2, the division of work among them shall be prescribed by Presidential Decree. In such cases, if three deputy Mayors or Vice Governors are appointed for a City/Do, one of them may be made to take charge of the work of a specific area. |
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| Article 111 (Acting for Head of Local Government, etc.) |
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| (1) | Where the head of a local government falls under any of the following subparagraphs, the deputy Mayor, Vice Governor, or deputy head of the competent City/Do or Si/Gun/Gu (hereafter referred to as the "deputy head of the local government" in this Article) shall act for him or her: <Amended by Act No. 10739, 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 for 60 consecutive days or more at a medical institution prescribed by the Medical Service Act. |
| (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 under paragraphs (1) through (3), where there exist two or more 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 his or her duties pursuant to paragraphs (1) through (3) is unable to perform the duties due to unavoidable causes, a public official pursuant to 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 Consitutional Court, Sep. 2, 2010]
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| Article 112 (Administrative Organizations and Public Officials) |
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| (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 full strength 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 Public Administration and Security may recommend matters necessary to properly administer the administrative organizations and full strength of local governments and to keep balance among local governments. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) | The appointment, examination, qualification, remuneration, service, guarantee of status, disciplinary sanctions, 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 para- graph (5) of Grade V or higher or belonging to the Senior Executive Ser- vice 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 Revenues and Expenditures
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| Article 113 (Subordinate Organizations under Direct Control) |
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A local government may, if necessary to fall within the scope of affairs under its jurisdiction, establish an autonomous police agency (limited to the Jeju Special Self-Governing Province), fire fighting 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 Municipal Ordinance of the competent local government as prescribed by Presidential Decree.
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| Article 114 (Office) |
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A local government may establish an office by Municipal Ordinance of the local government as prescribed by Presidential Decree, when the local government deems it necessary to conduct specific affairs efficiently.
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| Article 115 (Branch Office) |
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A local government may establish a branch office by Municipal 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.
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| Article 116 (Collegiate Administrative Organizations) |
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| (1) | If necessary to conduct independently part of the relevant affairs, a local government may establish collegiate administrative organizations as prescribed by Acts and subordinate statutes or Municipal Ordinance of the competent local government. |
| (2) | Matters necessary for the establishment and operation of the colle- giate administrative organizations as referred to in paragraph (1) shall be prescribed by Presidential Decree or Municipal Ordinance of the competent local government. |
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| Article 116-2 (Establishment of Consultative Body, etc.) |
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| (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 Acts and subordinate statutes or Municipal 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 Municipal Ordinance of the relevant local government. |
[This Article Added by Act No. 9577, Apr. 1, 2009]
Section 4 Properties and Public Facilities
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| Article 117 (Head of Subordinate Administrative Organization) |
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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 by Act No. 9577, Apr. 1, 2009>
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| Article 118 (Appointment of Head of Subordinate Administrative Organization) |
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| (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. |
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| Article 119 (Authority of Head of Subordinate Administrative Agency) |
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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.
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| Article 120 (Subordinate Administrative Institutions) |
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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 by Act No. 9577, Apr. 1, 2009>
Section 5 Supplementary Provisions
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| Article 121 (Organizations concerning Education, Science and Athletics) |
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| (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 VIII RELATIONSHIP AMONG LOCAL GOVERNMENTS
Section 1 Cooperation among Local Governments and Dispute Mediation
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| Article 122 (Sound Financial Management) |
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| (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. |
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| Article 123 (Implementation of State Policies) |
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| (1) | Local governments shall endeavor to implement policies of the State. |
| (2) | The rate of the State's subsidy for expenses necessary for implement- ation of the State policies under paragraph (1) and the rate of expenses borne by local governments therefor shall be prescribed by Acts and sub- ordinate statutes. |
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| Article 124 (Management of Local Obligations and Claims) |
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| (1) | The heads of local governments or the associations of local govern- ments 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 exempt the debtors thereof from their obligations, nor may they change the effects of the obligations without being authorized to do so by Acts and subordinate statutes or Municipal Ordinances, or resolutions of the local councils concerned. |
Section 2 Administrative Consultative Council
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| Article 125 (Fiscal Year) |
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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.
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| Article 126 (Classification of Accounts) |
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| (1) | Accounts of a local government shall be classified into general accounts and special accounts. |
| (2) | Special accounts may be established by Acts or Municipal Ordinance of the competent local government. |
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| Article 128 (Continuing Expenditure) |
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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.
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| Article 129 (Reserve Funds) |
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| (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. |
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| Article 130 (Revised Supplementary Budget) |
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| (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). |
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| Article 131 (Budget Execution at Time of Failure of Budget to Obtain Approval) |
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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 Acts and subordinate statutes or Municipal Ordinances; |
| 2. | Fulfillment of disbursement obligations under Acts and subordinate statutes or Municipal Ordinances; |
| 3. | Continuation of projects approved previously in the budget. |
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| Article 131-2 (Budget when Newly Establishing a Local Government) |
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| (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 case, such revenue and expenditure shall be included in the budget to be newly approved. |
[This Act Added by Act No. 10827, Jul. 14, 2011]
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| Article 132 (Enactment, etc. of Municipal Ordinance Accompanying Financial Obligations) |
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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.
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| Article 133 (Transfer, Public Notification, etc. of Budget) |
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| (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), immediately report it to the Minister of Public Administration and Security 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 by Act No. 8852, Feb. 29, 2008> |
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| Article 134 (Settlement of Accounts) |
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| (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 by Act No. 10827, Jul. 14, 2011> |
| (2) | Upon obtaining the approval under paragraph (1), the head of the local government shall report it to the Minister of Public Administration and Security 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 by Act No. 8852, Feb. 29, 2008> |
| (3) | Necessary matters concerning the appointment and management of the inspector as referred to in paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 134-2 (Budget when Local Government Ceases to Exist) |
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| (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 Added by Act No. 10827, Jul. 14, 2011]
Section 3 Local Government Association
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| Article 135 (Local Taxes) |
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A local government may impose and collect local taxes as prescribed by Acts.
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| Article 136 (User Fee) |
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A local government may collect a user fee for utilization of public facilities or for the use of its property.
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| Article 137 (Fees) |
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| (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 other- wise prescribed by other Acts and subordinate statutes, the same shall not apply. |
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| Article 138 (Contribution) |
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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.
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| Article 139 (Municipal Ordinance, etc. for Collection of User Fees) |
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| (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 prescribed by Municipal Ordinance according to the standards prescribed by Presidential Decree, notwithstanding the provisions of other Acts and subordinate statutes. |
| (2) | The local government may enact a Municipal Ordinance providing that any person who has evaded the collection of any user fee, fee or con- tribution by fraud or other unjustifiable means shall be punished by a fine for negligence in an amount not exceeding five times the evaded amount, and any person who has used public facilities without the right to do so shall be punished by a fine for negligence in an amount not ex- ceeding 500 thousand won. |
| (3) | Matters concerning procedures, such as the imposition and collection of a fine for negligence, trial and enforcement under paragraph (2), shall be prescribed by the Act on the Regulation of Violations of Public Order. <Amended by Act No. 9577, Apr. 1, 2009> |
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| Article 140 (Imposition and Collection of and Objection to User Fees, etc.) |
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| (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 para- graph (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. |
| (7) | Articles 118 and 121 through 127 of the Framework Act on Local Taxes shall apply mutatis mutandis to the method, procedure, etc. of the objec- tion referred to in paragraphs (3) and (4). <Amended by Act No. 10219, Mar. 31, 2010> |
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| Article 141 (Disbursement of Expenses) |
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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 Consultative Council of Heads of Local Governments, etc.
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| Article 142 (Possession of Properties and Establishment of Funds) |
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| (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 establish- ment 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. |
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| Article 143 (Management and Disposal of Properties) |
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Properties of a local government may not be exchanged, transferred or leased, nor may they be used for investment or payment unless it is per- mitted by Acts and subordinate statutes or Municipal Ordinances.
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| Article 144 (Public Facilities) |
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| (1) | A local government may install public facilities to promote the wel- fare of its residents. |
| (2) | Except as otherwise prescribed by other Acts and subordinate 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. |
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| Article 145 (Enactment of Act concerning Local Financial Administration) |
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Matters necessary for the finance of local governments, other than those prescribed by this Act, shall be separately prescribed by other Acts.
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| Article 146 (Establishment and Operation of Local Public Enterprises) |
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| (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 IX GUIDANCE AND SUPERVISION OF STATE
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| Article 147 (Cooperation among Local Governments) |
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If a local government receives a request to jointly manage affairs or to consult, mediate, approve or support the conducting of affairs from another local government, then it shall cooperate with the other local government within the limit of Acts and subordinate statutes.
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| Article 148 (Dispute Mediation among Local Governments) |
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| (1) | If a controversy (hereinafter referred to as "dispute") arises due to different views on carrying out affairs among local governments or the heads of the local governments, the Minister of Public Administration and Security 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 undermine public interests and the rapid mediation is deemed necessary, the dispute may be mediated ex officio even if there exists no request from the parties concerned. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | Where the Minister of Public Administration and Security 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 by Act No. 8852, Feb. 29, 2008> |
| (3) | Where the Minister of Public Administration and Security 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 by Act No. 8852, Feb. 29, 2008> |
| (4) | The Minister of Public Administration and Security or the Mayor/ Do Governor shall, upon deciding the mediation as referred to in para- graph (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 by Act No. 8852, Feb. 29, 2008> |
| (5) | Where the matters decided by the mediation under paragraph (4) in- clude 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 Public Administration and Security or the Mayor/Do Governor. <Amended by Act No. 8852, Feb. 29, 2008> |
| (6) | If, in the opinion of the Minister of Public Administration and Security 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 Public Administration and Security 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 Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008> |
| (7) | If the matters decided by the mediation as referred to in paragraphs (4) through (6) are not executed faithfully, the Minister of Public Administration and Security or the Mayor/Do Governor may have the competent local government execute such matters by applying Article 170 mutatis mutandis. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 149 (Establishment, Composition, etc. of Local Government Cen- tral Dispute Mediation Committee) |
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| (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 Public Administration and Security, and a local government local dispute mediation committee (hereinafter referred to as the "local dispute mediation committee") under that of the City/Do. <Amended by Act No. 8852, Feb. 29, 2008> |
| (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 as- sociations which belong to different Cities/Dos or among the heads thereof; |
| 6. | Disputes among local government associations which belong to dif- ferent 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 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 medi- ation committee shall be appointed or commissioned by the President upon the recommendation of the Minister of Public Administration and Security 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 by Act No. 8852, Feb. 29, 2008> |
| 1. | Those who hold or held the office of associate professor or higher in a university for three years or more; |
| 2. | Those who hold or held the office of judge, prosecutor or lawyer for six years or more; |
| 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. |
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| Article 150 (Operation, etc. of Dispute Mediation Committee) |
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| (1) | The dispute mediation committee shall open with the attendance of seven or more members including the chairperson, and resolve by the approval of not less than 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 for the presenta- tion 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. |
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| Article 151 (Entrustment of Affairs) |
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| (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 govern- ment shall report thereon to the Minister of Public Administration and Security 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 by Act No. 8852, Feb. 29, 2008> |
| (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 termi- nate 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 Public Administration and Security and the head of the relevant central administrative agency, or to the Mayor/Do Governor, according to the example under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008> |
| (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. |
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| Article 152 (Formation of Administrative Consultative Council) |
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| (1) | Local governments may establish an administrative consultative council (hereinafter referred to as "consultative council") in order to handle jointly part of the affairs related to two or more local governments. In such cases, the heads of the local governments shall report it to the Minister of Public Administration and Security and the head of the central administrative agency concerned if Cities/Dos are members thereof, and to the competent Mayor/Do Governor if Sis/Guns/autonomous Gus are members thereof. <Amended by Act No. 8852, Feb. 29, 2008> |
| (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 Public Administration and Security or the Mayor/Do Governor may recommend the competent local governments to establish a consultative council if necessary for the public interest. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 153 (Organization of Consultative Council) |
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| (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. |
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| Article 154 (Rules of Consultative Council) |
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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 opera- tion of the consultative council and the management of affairs thereof; |
| 6. | Other necessary matters concerning the formation and operation of the consultative council. |
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| Article 155 (Request of Consultative Council for Presentation of Materials, etc.) |
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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.
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| Article 156 (Mediation of Matters for Consultation) |
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| (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 Public Administration and Security 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 Public Administration and Security may mediate such matters. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | If the Minister of Public Administration and Security or the Mayor/Do Governor intends to offer mediation as referred to in paragraph (1), he or 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 by Act No. 8852, Feb. 29, 2008> |
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| Article 157 (Effect of Consultation and Handling of Affairs by Consul- tative Council) |
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| (1) | The local governments which have constituted a consultative council shall handle their affairs according to the matters determined by the consul- tative council, if any. |
| (2) | With respect to the matters mediated by the Minister of Public Ad- ministration and Security or the Mayor/Do Governor under Article 156 (1), the provisions of Article 148 (3) through (6) shall apply mutatis mutandis. <Amended by Act No. 8852, Feb. 29, 2008> |
| (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. |
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| Article 158 (Modification of Rules and Abolishment of Consultative Council) |
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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.
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| Article 159 (Establishment of Local Government Association) |
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| (1) | If necessary to handle jointly one or more affairs, two or more local governments may establish a local government association, after formulating rules and going through resolutions of the local councils concerned thereon, with the approval of the Minister of Public Administration and Security in the case of Cities/Dos, or with the approval of the competent Mayor/Do Governor in the case of Sis/Guns/autonomous Gus: Provided, That if the Sis/Guns/autonomous Gus that are members of the local government association extend over two or more Cities/Dos, the approval of the Minister of Public Administration and Security shall be obtained. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | The local government association shall be a juristic person. |
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| Article 160 (Organization of Local Government Association) |
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| (1) | A local government association shall have a board of the local govern- ment 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 person- nel 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. |
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| Article 161 (Authority of Board and President of Local Government Asso- ciation) |
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| (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 gov- ernment 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. |
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| Article 162 (Rules of Local Government Association) |
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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 opera- tion and the handling of affairs of the local government association; |
| 8. | Other matters concerning the establishment and operation of the local government association. |
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| Article 163 (Direction and Supervision of Local Government Association) |
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| (1) | A local government association in which Cities/Dos are members shall be directed and supervised by the Minister of Public Administration and Security, and a local government association in which Sis/Guns/autonomous Gus are members shall be directed and supervised primarily by the competent Mayor/Do Governor, and secondarily by the Minister of Public Administration and Security: Provided, That if the Sis/Guns/autonomous Gus which are 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 Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | If necessary for the public interest, the Minister of Public Administration and Security may order the establishment or dissolution of a local government association, or the modification of the rules thereof. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 164 (Modification of Rules of Local Government Association, and Dissolution Thereof) |
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| (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. |
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| Article 165 (Consultative Council of Heads of Local Governments, etc.) |
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| (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 Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) | The consultative council under paragraph (1) or the federation under paragraph (2) may present its opinions on the Acts and subordinate statutes, etc., which directly affect the local autonomy, to the Minister of Public Administration and Security, and the Minister of Public Administration and Security shall notify the heads of the central administrative agencies concerned of the submitted opinions. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10827, Jul. 14, 2011> |
| (5) | The head of the central administrative agencies concerned shall check the validity of the matters notified under paragraph (4) and inform the Minister of Public Administration and Secrurity 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 check notified to him or her without delay. In such cases, if the head of the central administrative agency concerned deems, after the check, the validity is not obtainable, he or she shall provide his opinion stating reasons and contents in detail, and, if he or she acknowledges the validity, he or she shall actively cooperate so that such contents can be reflected in the relevant Acts and subordinate statutes. <Added by Act No. 10827, Jul. 14, 2011> |
| (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. <Added by Act No. 10827, 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 by Act No. 10827, Jul. 14, 2011> |
CHAPTER X SPECIAL CASES OF ADMINISTRATION OF LARGE CITIES, SUCH AS SEOUL SPECIAL METROPOLITAN CITY, ETC., AND JEJU SPECIAL AUTONOMOUS DO
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| Article 168 (Consultation and Mediation between central Administrative Agency and Local Government) |
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| (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 by Act No. 10827, Jul. 14, 2011> |
| (2) | The Administrative Consultation and Mediation Committee shall consist of 13 or fewer members, including the Chairperson. <Amended by Act No. 10827, 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; <Added by Act No. 10827, Jul. 14, 2011> |
| 1. | The Minister of Strategy and Finance, the Minister of Public Administration and Security, the head of Office for Prime Minister, 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. |
| (4) | Other matters necessary for the composition and operation of the Administrative Consultation and Mediation Committee shall be prescribed by Presidential Decree. <Added by Act No. 10827, Jul. 14, 2011> |
ADDENDA
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 Former 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 Former Act)
The amended provisions of Article 159 in the amended Local Autonomy Act, Act No. 7362, shall apply to matters resolved by a local council on or after January 27, 2005 when the said Act enters into force. Article 4 (Applicability to Enactment, Amendment and Abolition of Municipal Ordinance and Request for Inspection Pursuant to Amend- ment to Former Act)
The amended provisions of Articles 13-3 and 13-4 in the amended Local Autonomy Act, Act No. 7846, shall apply to the enactment, 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 Pursuant to Amendment to Former Act)
The amended provisions of Article 131 (3) in the amended Local Autonomy Act, Act No. 7846, shall apply to 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 Ordi- nance, etc. Pursuant to Amendment to Former Act)
Municipal Ordinances and Municipal 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 Pursuant to Amendment to Former Act)
The administrative organizations established pursuant to the previous Acts and subordinate 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 Pursuant to Amendment to Former Act)
The public officials the methods or authority holders of whose appoint- ment 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 Pursuant to Amendment to Former 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, etc.)
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 Fines for Negligence)
In applying the provisions of a fine for negligence to any act committed before this Act enters into force, the previous provisions shall govern.
Article 12 Omitted.
Article 13 (Relation with other Acts and Subordinate Statutes)
A citation of a provision of the former 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 hereof in lieu of the former provisions, if such corresponding provisions exist herein.
ADDENDA<Act No. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
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 former provisions shall apply to the request for enactment, revision or abolition of Municipal Ordinance by residents who began to sign their names for the first time pursuant to the former 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. 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.
Last updated : 2012-01-24