CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Local Autonomy Act and those necessary for the enforcement thereof.
| Article 2 (Transfer of Affairs by Local Governments Resulting from Jurisdictional Change) |
Articles 64 through 68 shall apply mutatis mutandis to the transfer of affairs that results from any change, abolition, establishment, division or consolidation of the jurisdictions of local governments, non-autonomous Gus, Eups, Myeons, Dongs and Ris under Articles 5 (1), and 7 (1) and (2) of the Local Autonomy Act (hereinafter referred to as the "Act”).
| Article 3 (Relevant Local Council) |
The relevant local council referred to in the main clause, with the exception of the subparagraphs, of Article 5 (3) of the Act shall be the council of the relevant local government and the council of a higher-level local government.
| Article 4 (Application for Adjustment for Boundary Change of Jurisdiction of Local Government) |
| (1) | "Where there are causes prescribed by Presidential Decree, such as a serious inconvenience to residents’ lives due to a discrepancy between jurisdictions and living zones" in the former part of Article 6 (1) of the Act means any of the following: |
| 1. | A building, a housing complex, a facility annexed thereto (including appurtenant land, adjacent roads, etc.; hereafter the same shall apply in this Article), a parcel, etc. are to fall under the jurisdiction of at least two local governments, causing inconvenience to residents; |
| 2. | With a development project, etc. extending over at least two local government areas, a building, a housing complex, a facility annexed thereto, a parcel, etc. are scheduled to fall under the jurisdiction of at least two local governments, likely to cause inconvenience to residents; |
| 3. | Where part of a local government area is completely separated from the rest of the area by a road, river, etc., but is located adjacent to another local government area, causing inconvenience to residents; |
| 4. | Where the relevant local governments reach an agreement on boundary change to resolve the discrepancy between jurisdictions and residents’ living zones. |
| (2) | Where the head of the relevant central administrative agency or the implementer of a development project, etc. in which at least two local governments are involved requests that an application for adjustment for boundary change be filed under Article 6 (2) of the Act, he or she shall submit, to the head of the relevant local government, an application prescribed by Ordinance of the Ministry of the Interior and Safety, accompanied by a document, map, etc. showing changes in administrative districts, before the commencement of construction works. |
| (3) | The head of the relevant local government, in receipt of a request for filing an application for adjustment pursuant to paragraph (2), shall examine whether to file an application for adjustment with the Minister of the Interior and Safety within 30 days, and notify the person who has made such request of the results thereof. In such cases, the head of the relevant local government may extend the period once by up to 30 days. |
| (4) | Where the head of the relevant local government, in receipt of a request for filing an application for adjustment pursuant to paragraph (2), deems that the request for filing an application for adjustment requires supplementation, he or she may request that such request be supplemented within a reasonable period of time. In such cases, the period taken for supplementation shall not be included in the period under paragraph (3). |
| Article 5 (Organization of Voluntary Consultative Body for Boundary Change) |
| (1) | Upon receipt of a request for the organization and operation of a voluntary consultative body for boundary change under Article 6 (4) of the Act (hereafter referred to as "consultative body for boundary change" in this Article, and Articles 6 and 7), the head of the relevant local government shall organize the consultative body for boundary change without delay and notify the Minister of the Interior and Safety of such fact in writing. |
| (2) | The consultative body for boundary change shall be organized in consultation between the relevant local governments and shall consist of up to 30 members, including the chairperson. |
| (3) | Members of the consultative body for boundary change shall be appointed or commissioned by the head of the relevant local government from among the following persons. In such cases, the number of the members falling under subparagraph 5 or 6 shall account for at least 1/2 of the total number of the members: |
| 1. | A public official of the relevant Special Self-Governing City, Special Self-Governing Province, or Si/Gun/autonomous Gu; |
| 2. | A council member of the relevant Special Self-Governing City, Special Self-Governing Province, or Si/Gun/autonomous Gu; |
| 3. | A public official of the Special Metropolitan City, a Metropolitan City, or a Do having jurisdiction over the relevant Si/Gun/autonomous Gu; |
| 4. | A council member of the Special Metropolitan City, a Metropolitan City, or a Do having jurisdiction over the relevant Si/Gun/autonomous Gu; |
| 6. | A person with extensive knowledge of and experience in boundary change. |
| (4) | The chairperson of the consultative body for boundary change shall be elected from among and by its members. |
| (5) | The term of office of a member of the consultative body for boundary change shall be the period during which the consultative body for boundary change is in operation. |
| Article 6 (Operation of Consultative Body for Boundary Change) |
| (1) | The consultative body for boundary change shall consult on the following matters: |
| 1. | Whether to implement a boundary change and those subject to boundary change; |
| 2. | Schedules and procedures for a boundary change; |
| 3. | Other matters necessary to implement a boundary change. |
| (2) | The consultative body for boundary change may conduct a survey of residents living in an area subject to boundary change or may hold a public hearing. |
| (3) | The consultative body for boundary change may request that the head of the relevant local government submit materials, and conduct a fact-finding survey, etc. necessary for consultations. |
| (4) | The consultative body for boundary change shall prepare the results of consultations on the matters specified in the subparagraphs of paragraph (1) within the consultation period and notify the results to the head of a local government that has organized the consultative body for boundary change. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the operation of the consultative body for boundary change shall be determined by the chairperson, after consultations by the consultative body for boundary change. |
| Article 7 (Grounds for Extension of Consultation Period) |
| (1) | "Unavoidable circumstances prescribed by Presidential Decree" in the proviso of Article 6 (5) of the Act means any of the following cases in which the relevant local governments agree to extend the consultation period: |
| 1. | Where it is difficult to operate the voluntary consultative body for boundary change due to an act of God, a disaster, or any other similar event; |
| 2. | Where it is difficult to complete consultations within the period specified in the main clause of Article 6 (5) of the Act, in order to collect sufficient opinions and materials, and conduct fact-finding surveys on whether to implement boundary changes. |
| (2) | Upon the extension of the consultation period pursuant to paragraph (1), the head of a local government that has organized the consultative body for boundary change shall notify such fact to the Minister of the Interior and Safety. |
| Article 8 (Location of Office) |
The location of the office of a local government under Article 9 of the Act shall be determined in a unit, based on the location of its main office, in accordance with the following classifications: | 1. | The Special Metropolitan City, a Metropolitan City, and a Do: A Si/Gun/autonomous Gu; |
| 3. | A Special Self-Governing City, and a Si/Gun/autonomous Gu: An Eup/Myeon/Dong. |
| Article 9 (Criteria for Establishment of Si and Eup) |
| 1. | The ratio of the population residing in the relevant downtown area exceeds 60 percent of the total population; |
| 2. | The ratio of the households engaged in commercial, industrial, or other urban business in the relevant area exceeds 60 percent of the total households; |
| 3. | The amount of local taxes paid per capita, population density, and population growth trends exceed the criteria prescribed by Ordinance of the Ministry of the Interior and Safety. |
| 1. | The ratio of the households engaged in commercial, industrial or other urban business in the relevant area exceeds 45 percent of the total households of the relevant Gun; |
| 2. | The fiscal self-sufficiency ratio of the relevant Gun, which is calculated by the following formula, exceeds the average fiscal self-sufficiency ratio of Guns nationwide: |
{(Local tax + non-tax revenue ? local bonds) ÷ general account budget}×100.
| (3) | An Eup under the main clause, with the exception of the subparagraphs, of Article 10 (3) of the Act shall meet the following requirements: |
| 1. | The ratio of the population residing in the relevant downtown area exceeds 40 percent of the total population; |
| 2. | The ratio of the households engaged in commercial, industrial or other urban business in the relevant area exceeds 40 percent of the total households. |
| Article 10 (Affairs of Local Government by Type) |
| (1) | Affairs of local government by type under Article 14 (1) of the Act shall be as specified in attached Table 1: Provided, That where the statutes or regulations prescribe otherwise, the provisions thereof shall apply. |
| (2) | Affairs handled by the Special Metropolitan City or a Metropolitan City, not by an autonomous Gu, different from the way a Si/Gun operates under Article 2 (2) of the Act shall be as specified in attached Table 2: Provided, That where the statutes or regulations prescribe otherwise, the provisions thereof shall apply. |
| (3) | Affairs of a Do which may be directly handled by a Si with a population of at least 500,000 under the proviso of Article 14 (1) 2 of the Act shall be as specified in attached Table 3: Provided, That where the statutes or regulations prescribe otherwise, the provisions thereof shall apply. |
| (4) | Affairs of a Do which may be directly handled by a large city with a population of at least one million under Article 198 (2) 1 of the Act shall be as specified in attached Table 4: Provided, That where the statutes or regulations prescribe otherwise, the provisions thereof shall apply. |
| Article 11 (Prior Consultation Regarding Autonomy and Decentralization) |
| (1) | Where the head of a central administrative agency intends to enact or amend statutes or regulations under his or her jurisdiction in relation to any of the following matters, he or she shall consult with the Minister of the Interior and Safety in advance: |
| 1. | Matters regarding the creation, modification, and abolition of affairs that affect the administration, finance, etc. of a local government; |
| 2. | Matters regarding the delegation of affairs to a local government or the head thereof; |
| 3. | Matters regarding guidance and supervision over the affairs conducted by a local government. |
| (2) | Where consultations under paragraph (1) are required, the head of a central administrative agency shall prepare a written request for consultation on the relevant legislative bill and submit it to the Minister of the Interior and Safety. |
| (3) | Upon receipt of a written request for consultation under paragraph (2), the Minister of the Interior and Safety shall examine whether the relevant legislative bill is in line with the following, and notify his or her review opinions to the head of the relevant central administrative agency: |
| 2. | Basic principles and standards for the allocation of affairs and basic principles for the handling of affairs as prescribed by law. |
| (4) | The head of a central administrative agency who is notified of the review opinions under paragraph (3) shall endeavor to have such opinions reflected in the relevant legislative bill, and where it is impractical to do so, he or she shall notify the Minister of the Interior and Safety of the reasons therefor. |
| (5) | The Minister of the Interior and Safety may determine the detailed review criteria, methods, etc. necessary for consultations under paragraph (1) and notify them to the heads of central administrative agencies. |
| (6) | Where the Minister of the Interior and Safety determines or changes the detailed review criteria, methods, etc. under paragraph (5), the Minister shall hear the opinions of the heads of the relevant central administrative agencies. |
| (7) | If necessary for review under paragraph (3), the Minister of the Interior and Safety may hear the opinions of the head of a local government or a consultative body consisting of the heads of local governments, etc. pursuant to Article 182 (1) of the Act, and may request that experts provide advice or conduct surveys or research. |
| Article 12 (Certificate of Representative of Petitioners) |
| (1) | A person who represents petitioners intending to file a request for inspection pursuant to Article 21 (1) of the Act (hereinafter referred to as "representative of residents filing a request for inspection") shall submit a resident’s request for inspection prescribed by Ordinance of the Ministry of the Interior and Safety and an application for the issuance of a certificate of the representative of residents filing a request for inspection to the competent Minister, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor and a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”). |
| (2) | The competent Minister or a Mayor/Do Governor, in receipt of an application under paragraph (1), shall issue a certificate of the representative of residents filing a request for inspection prescribed by Ordinance of the Ministry of the Interior and Safety after verifying whether such representative is a resident aged 18 years or older under Article 21 (1) of the Act. |
| Article 13 (Procedures for Requesting Signature) |
| (1) | The representative of residents filing a request for inspection may request that residents aged 18 years or older sign the roster of petitioners under Article 15 (1). |
| (2) | Where the representative of residents filing a request for inspection requests signatures, a resident’s request for inspection or a copy thereof, and a certificate of the representative of residents filing a request for inspection or a copy thereof shall be attached. |
| (3) | The representative of residents filing a request for inspection may delegate the right to solicit signatures under paragraph (1) to a resident aged 18 years or older. |
| (4) | Where the representative of residents filing a request for inspection intends to delegate the right to solicit signatures, he or she shall prepare a report on the delegation of the right to solicit signatures prescribed by Ordinance of the Ministry of the Interior and Safety and then file such report with the competent Minister or a Mayor/Do Governor. |
| (5) | The competent Minister or a Mayor/Do Governor shall immediately issue a certificate of the delegation of the right to solicit signatures prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (6) | Where a person delegated with the right to solicit signatures pursuant to paragraph (3) solicits signatures, he or she shall attach residents' written request for inspection or a copy thereof, a certificate of the representative of residents filing a request for inspection or a copy thereof, and a certificate of the delegation of the right to solicit signatures. |
| (7) | A solicitation for signatures under paragraphs (1) and (4) shall be made within six months from the date of issuance of a certificate of the representative of residents filing a request for inspection under Article 12 (2) in cases of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"), and within three months therefrom in cases of a Si/Gun/autonomous Gu. In such cases, the latter part of Article 8 (1) and Article 8 (2) of the Act on Resident Initiative shall apply to the calculation of and restrictions on the signature solicitation period. |
| Article 14 (Procedures for Requesting Digital Signature) |
| (1) | The representative of residents filing a request for inspection may request that residents aged 18 years or older use a digital signature prescribed in subparagraph 2 of Article 2 of the Digital Signature Act, via the information system determined by the Minister of the Interior and Safety, in lieu of a signature under Article 13 (1). |
| (2) | The representative of residents filing a request for inspection who intends to request a digital signature via the information system under paragraph (1) shall file an application for using the relevant information system with the competent Minister or a Mayor/Do Governor. |
| (3) | In receipt of a request under paragraph (2), the competent Minister or a Mayor/Do Governor shall issue a certificate of the representative of residents filing a request for inspection under Article 12 (2), containing the matters referred to in the subparagraphs of paragraph (4), and post a resident’s request for inspection and a certificate of the representative of residents filing a request for inspection on the information system under paragraph (1). |
| (4) | The representative of residents filing a request for inspection or a delegated person under Article 13 (3) may notify the residents of the following matters: |
| 1. | The website address of the information system where a digital signature under paragraph (1) can be affixed; |
| 2. | The method of using a digital signature under paragraph (1) (including the method of canceling a digital signature pursuant to Article 15 (3)). |
| (5) | Article 13 (7) shall apply mutatis mutandis to requests for digital signatures under paragraph (1). |
[Enforcement Date: Jul. 1, 2023] Article 14
| Article 15 (Preparation of Roster of Petitioners and Cancellation of Signatures) |
| (1) | A resident aged 18 years or older who intends to sign the roster of petitioners prescribed by Ordinance of the Ministry of the Interior and Safety shall state the following matters on and affix his or her signature or seal to the roster of petitioners: Provided, That where digital signatures under Article 14 (1) are used, the following matters shall be deemed stated on the roster of petitioners created in electronic form: |
| 3. | Address, domicile or residence; |
| (2) | Where a person who has signed the roster of petitioners intends to cancel his or her signature, such cancellation shall be made before the representative of residents filing a request for inspection submits the roster of petitioners to the competent Minister or a Mayor/Do Governor pursuant to Article 16 (1). |
| (3) | Where a person who has signed the roster of petitioners cancels his or her signature pursuant to paragraph (2), the representative of residents filing a request for inspection shall immediately delete the signature from the roster of petitioners. |
| (4) | Where a person who has digitally signed the roster of petitioners intends to cancel his or her digital signature, he or she shall directly make such cancellation through the relevant information system before the representative of residents filing a request for inspection requests that the competent Minister or a Mayor/Do Governor use the roster of petitioners pursuant to the proviso of Article 16 (1). |
[Enforcement Date: Jul. 1, 2023] The proviso, with the exception of the subparagraphs, of Article 15 (1), and Article 15 (4)
| Article 16 (Submission of Roster of Petitioners) |
| (1) | Where the number of the residents who have signed the roster of petitioners exceeds the number prescribed by ordinance of a local government pursuant to Article 21 (1) of the Act, the representative of residents filing a request for inspection shall submit the roster of petitioners to the competent Minister within 10 days from the elapse of the signature solicitation period under Article 13 (7) in cases of a City/Do, and to a Mayor/Do Governor within five days therefrom in cases of a Si/Gun/autonomous Gu: Provided, That where digital signatures prescribed in Article 14 (1) are used, the representative of residents filing a request for inspection shall request that the competent Minister or a Mayor/Do Governor directly use the roster of petitioners created in the information system. |
| (2) | Where the roster of petitioners is submitted pursuant to paragraph (1), the competent Minister or a Mayor/Do Governor shall publish the name and address of the representative of residents filing a request for inspection, the purport and cause of the request, the number of the residents who have signed, the period and place of perusal of the roster of petitioners, and the methods of filing objections. |
[Enforcement Date: Jul. 1, 2023] The proviso of Article 16 (1)
| Article 17 (Perusal of Roster of Petitioners and Filing of Objections) |
| (1) | Where the roster of petitioners or its copy is made available at an open place pursuant to Article 21 (5) of the Act, the competent Minister or a Mayor/Do Governor shall make available the roster of petitioners or its copy in accordance with the following classifications: |
| 1. | The competent Minister: The relevant Ministry, City/Do, and Si/Gun/autonomous Gu; |
| 2. | Mayor/Do Governor: The relevant City/Do, Si/Gun/autonomous Gu, and Eup/Myeon/Dong. |
| (2) | An objection under Article 21 (6) of the Act shall be filed in the form prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Where a signature affixed to the roster of petitioners does not belong to a legitimate signer or where it is difficult to verify the identity of a person who has affixed his or her signature, the competent Minister or a Mayor/Do Governor shall hold the deliberations of the deliberative council on requests for inspection under Article 25 (1) to nullify such signature, correct the roster of petitioners, and then notify the representative of such fact without delay. |
| (4) | Where the competent Minister or a Mayor/Do Governor intends to examine, and determine on an objection filed pursuant to Article 21 (7) of the Act, the deliberations of the deliberative council on requests for inspection under Article 25 (1) shall be held. |
| (5) | Where the results of examination and determination under paragraphs (3) and (4) indicate that the number of the residents who have signed the roster of petitioners falls short of the number prescribed by ordinance of the relevant local government pursuant to Article 21 (1) of the Act, the competent Minister or a Mayor/Do Governor may have the representative of residents filing a request for inspection make a correction within five days in cases of a City/Do, or within three days in cases of a Si/Gun/autonomous Gu. |
| (6) | Where the roster of petitioners corrected under paragraph (5) is submitted, the competent Minister or a Mayor/Do Governor shall publish the period and place of perusal, the methods of filing an objection, etc. |
| (7) | Paragraphs (1) through (4) shall apply mutatis mutandis to the procedures for the perusal of the roster of petitioners corrected under paragraph (5), the filing of an objection, etc. |
| Article 18 (Examination of Requirements for Filing Requests) |
| (1) | Where the competent Minister or a Mayor/Do Governor intends to accept or dismiss a request pursuant to Article 21 (8) of the Act, the deliberations of the deliberative council on requests for inspection under Article 25 (1) shall be held. |
| Article 19 (Requests for Inspection to Minister of the Interior and Safety) |
| (1) | A person who intends to file a request for inspection pursuant to Article 21 (1) of the Act may file such request with the Minister of the Interior and Safety, where the details of the request for inspection are related to at least two ministries or where uncertainties exist as to who is the competent Minister. |
| (2) | Upon receipt of a request for inspection under paragraph (1), the Minister of the Interior and Safety shall designate the competent Minister to manage the request after consultations with the relevant ministries, and may request that the competent Minister manage the residents' request for inspection en bloc through consultations between the relevant ministries. |
| Article 20 (Publication of Inspection Results) |
The competent Minister or a Mayor/Do Governor shall publish the inspection summary and the inspection results as to whether the affairs requested are handled in a lawful manner within 10 days from the date the inspection under Article 21 (9) of the Act is completed.
| Article 21 (Inspection Procedures) |
The competent Minister or a Mayor/Do Governor shall comply with the Regulations on Administrative Inspection of Local Governments, where intending to have the head of the relevant local government conduct an inspection pursuant to Article 21 (9) of the Act or requesting that he or she take necessary measures under paragraph (12) of that Article.
| Article 22 (Inter-Ministerial Cooperation) |
| (1) | The competent Minister or a Mayor/Do Governor may request that the heads of the relevant ministries or the heads of local governments provide cooperation, such as provision of materials and support of relevant public officials, if necessary to handle residents' request for inspection. |
| (2) | Where a request for inspection is filed for a matter which has already been inspected or is under inspection by another agency, the competent Minister or a Mayor/Do Governor may request that such inspection agency confirm as to whether any inspection is underway, submit relevant materials regarding the results of such inspection, and provide other necessary cooperation in order to notify the representative of residents filing a request for inspection of the inspection results or of the fact that the inspection is underway pursuant to Article 21 (10) of the Act. |
| (3) | In receipt of a request for cooperation under paragraphs (1) and (2), the head of the relevant agency shall cooperate unless there is good reason. |
| Article 23 (Means of Publication) |
The publication of related matters prescribed in Article 21 (13) of the Act, and Articles 16 (2), 17 (6), and 20 of this Decree shall be made by means of posting on or publishing in the Official Gazette, the public gazette, bulletin boards, or website of the local governments, or daily newspapers.
In any of the following cases, the competent Minister or a Mayor/Do Governor shall notify or report such fact to the Minister of the Interior and Safety:
| 1. | Where he or she requests that the head of the relevant local government take necessary measures based on the results of inspection, and receives a report on the results of such measures pursuant to Article 21 (12) of the Act; |
| Article 25 (Deliberative Council on Requests for Inspection) |
| (1) | Where a request for inspection is filed by a local government’s residents, a deliberative council on requests for inspection shall be established under the jurisdiction of the competent Minister or a Mayor/Do Governor (hereafter referred to as "deliberative council on requests for inspection” in this Article) in order to deliberate and resolve on the following matters: |
| 1. | Examination of requirements for filing residents' request for inspection; |
| 2. | Verification of signatures affixed to the roster of petitioners; |
| 3. | Examination of and determination on objections filed regarding signatures affixed to the roster of petitioners; |
| 4. | Other matters referred to a meeting of the deliberative council on requests for inspection by the competent Minister or a Mayor/Do Governor in connection with residents' request for inspection. |
| (2) | The deliberative council on requests for inspection shall consist of at least nine but up to 13 members, including one chairperson and one vice chairperson, and at least 1/2 of its members shall be commissioned under paragraph (3) 2. |
| (3) | The chairperson of the deliberative council on requests for inspection (hereafter referred to as "chairperson” in this Article) and its vice chairperson shall be elected from among and by its members, and the members shall be the following persons: |
| 1. | An affiliated public official designated by the competent Minister or a Mayor/Do Governor; |
| 2. | Any of the following persons commissioned by the competent Minister or a Mayor/Do Governor: |
| (a) | A judge, a public prosecutor or a person licensed as an attorney-at-law; |
| (b) | A person licensed as a certified public accountant, a professional engineer, a certified architect, or a certified public tax accountant; |
| (d) | A person working as an associate professor or in a higher position at a college or university in law, accounting, civil engineering or architectural engineering; |
| (e) | Other persons with extensive knowledge of and experience in inspection. |
| (4) | The term of office of members commissioned under paragraph (3) 2 shall be two years. |
| (5) | A majority of the members of the deliberative council on requests for inspection shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (6) | If deemed necessary for the effective handling of matters referred to a meeting of the deliberative council on requests for inspection, the chairperson may have relevant public officials, persons filing requests for inspection, and other interested persons attend the meeting to state their opinions, or may request they submit necessary materials. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the organization, operation, etc. of the deliberative council on requests for inspection shall be determined by the competent Minister or prescribed by ordinance of the relevant City/Do if the council falls under the jurisdiction of the competent Minister or a Mayor/Do Governor, respectively. |
| Article 26 (Dismissal of Members) |
The competent Minister or a Mayor/Do Governor may dismiss a commissioned member if the member falls under any of the following:
| 1. | Where he or she cannot perform his or her duties due to a mental or physical disability; |
| 2. | Where he or she commits any wrongdoing in connection with his or her duties; |
| 3. | Where he or she is deemed unsuitable as a member due to neglect of duty, injury to dignity, or other grounds; |
| 4. | Where he or she voluntarily admits that it is impractical to perform his or her duties as a member. |
| Article 27 (Processing of Personally Identifiable Information) |
A local government may process data including resident registration numbers or alien resident registration numbers pursuant to subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable for conducting such affairs as the issuance of a certificate of the representative of residents filing a request for inspection, the signing of the roster of petitioners, and the verification of a legitimate signer pursuant to Articles 12 (2), 13 (2), and 17 (3) and (6).
CHAPTER II MUNICIPAL ORDINANCES AND RULES
| Article 28 (Deliberative Council on Municipal Ordinances and Rules) |
| (1) | Where the head of a local government intends to submit, enact, amend, repeal, or promulgate municipal ordinances or rules, a deliberative council on municipal ordinances and rules (hereafter referred to as "municipal ordinances and rules deliberative council” in this chapter) shall be established under the jurisdiction of the head of the relevant local government to deliberate and resolve on the following matters: |
| 1. | Drafts of municipal ordinances which are submitted by the head of a local government to the local council; |
| 2. | Drafts of municipal ordinances for promulgation, the resolution of which is passed by the local council: Provided, That drafts of municipal ordinances for promulgation which are submitted to the local council by the head of the local government and resolved as originally submitted shall be excluded herefrom; |
| 3. | Drafts of rules which the head of a local government intends to enact, amend, or repeal; |
| 4. | Agenda items submitted to the local council, such as budget proposals and statements of accounts, deemed by the head of a local government to require deliberation and resolution by the deliberative council on municipal ordinances and rules. |
| (2) | The head of a local government shall serve as the speaker of the deliberative council on municipal ordinances and rules, and the Vice Governor or the Vice Mayor (referring to a Vice Governor or a Vice Mayor designated by the head of the relevant local government, where there are at least two Vice Governors or Vice Mayors), or the deputy head of a Gun/Gu as the vice speaker, and the chiefs of offices, bureaus, or divisions as its members. |
| (3) | Any resolution of a meeting of the deliberative council on municipal ordinances and rules shall require the concurring vote of a majority of those present. |
| (4) | Except as provided in this Decree, matters necessary for the operation of the deliberative council on municipal ordinances and rules shall be prescribed by rule of the relevant local government. |
| Article 29 (Procedures for Promulgation of Municipal Ordinances and Rules) |
| (1) | The promulgation texts of municipal ordinances and rules shall have preambles. |
| (2) | The preambles of the promulgation texts of municipal ordinances and rules shall include the intent of enactment, amendment, or repeal, to which the head of the relevant local government shall affix his or her signature and official seal, and on which he or she shall record the date. In such cases, the fact that the local council has passed a resolution shall be stated in the preambles of the promulgation texts of municipal ordinances. |
| (3) | The fact that the local council has passed the resolution shall be stated in the preambles of the promulgation texts of municipal ordinances which the speaker of the local council promulgates under the latter part of Article 32 (6) of the Act and the fact that they are promulgated under the latter part of Article 32 (6) of the Act shall also be stated therein, to which the speaker of the local council shall affix his or her signature and official seal, and on which he or she shall record the date. |
| Article 30 (Methods of Public Announcement and Public Notice) |
| (1) | Where a local government or its head makes public announcement or gives public notice, the methods under the main clause of Article 33 (1) of the Act shall be followed. |
| Article 31 (Date of Promulgation) |
The date of the promulgation of municipal ordinances and rules under Article 33 of the Act and the date of public announcement or public notice under Article 30 of this Decree shall be deemed the date that the public gazette or a daily newspaper covering such municipal ordinances and rules is published or the date that they are posted on bulletin boards.
| Article 32 (Operational Regulations) |
Except as provided in the Act and this Decree, matters necessary for the promulgation, etc. of municipal ordinances and rules shall be prescribed by ordinance of the relevant local government.
CHAPTER III LOCAL COUNCIL
| Article 33 (Standards for Payment of Expenses for Legislative Activities, Monthly Allowances, and Travel Expenses) |
| 1. | Expenses for legislative activities referred to in Article 40 (1) 1 of the Act: Payment shall be made within the limits of the expenses for legislative activities specified in attached Table 5, in consideration of the financial capacity, etc. of the relevant local government following an election in the year where local council members are elected upon the expiration of the previous term; |
| 2. | Monthly allowances referred to in Article 40 (1) 2 of the Act: Payment shall be made based on the amount for the year in which a deliberative council on legislative expenses is organized, and taking into comprehensive consideration the number of residents of the relevant local government, the financial capacity, the rate of increase in remuneration for local public officials, and the results of legislative activities of the relevant local council following an election in the year where the local council members are elected upon the expiration of the previous term; |
| 3. | Travel expenses referred to in Article 40 (1) 3 of the Act: Payment shall be made within the limits of travel expenses specified in attached Table 6. |
| (2) | Expenses for legislative activities and monthly allowances referred to in paragraph (1) shall be paid on the date the remuneration of public officials of the relevant local council is paid. |
| Article 34 (Organization of Deliberative Council on Legislative Expenses) |
| (1) | A deliberative council on legislative expenses shall consist of up to 10 members, including one chairperson. |
| (2) | Members of the deliberative council on legislative expenses shall be commissioned by the head of a local government, on the recommendation of educational, legal and media circles, civic groups, the head of a Tong/Ri, or the speaker of a local council. In such cases, the head of a local government shall ensure that the deliberative council on legislative expenses consists of members with diverse backgrounds. |
| (3) | A person aged 18 years or older who has continued to have his or her place of residence registered in an area under the jurisdiction of the relevant local government for at least one year as of January 1 of the year in which the deliberative council on legislative expenses was organized is eligible as a member of the deliberative council on legislative expenses: Provided, That persons with no right to vote under Article 18 of the Public Official Election Act, public officials and council members of the relevant local government, and their spouses, lineal ascendants and descendants, and siblings shall not become members. |
| (4) | The chairperson of the deliberative council on legislative expenses shall be elected from among and by its members. |
| (5) | The term of office of a member of the deliberative council on legislative expenses shall be one year from the date such member is commissioned. |
| Article 35 (Operation of Deliberative Council on Legislative Expenses) |
| (1) | By October 31 of the year in which the deliberative council on legislative expenses is organized, the deliberative council on legislative expenses shall determine the amounts referred to in the subparagraphs of Article 40 (1) of the Act, which are to apply from the following year to the year in which local council members are elected upon the expiration of the previous term. |
| (2) | Any resolution of the deliberative council on legislative expenses shall require the concurring vote of at least 2/3 of the members. |
| (3) | The deliberative council on legislative expenses shall notify the amounts determined under paragraph (1) to the head of the relevant local government and the speaker of the relevant local council without delay. |
| (4) | Upon receipt of a notification under paragraph (3), the head of a local government shall, without delay, publish the notified matters, the list of the members of the deliberative council on legislative expenses and the meeting minutes on the website, etc. of the relevant local government. |
| (5) | To determine the amounts referred to in paragraph (1), the deliberative council on legislative expenses shall hold public hearings or use an objective and impartial public opinion poll institution to collect local residents’ opinions, and reflect the results thereof: Provided, That if the deliberative council on legislative expenses intends to raise monthly allowances within the increase rate for the year in which the remuneration of local public officials is increased, the holding of public hearings or the collection of opinions may be omitted. |
| (6) | The deliberative council on legislative expenses may request that the head of a local government or the speaker of a local council submit materials and that relevant persons give explanations necessary to make a decision on the amounts under paragraph (1). |
| (7) | Meetings of the deliberative council on legislative expenses shall be open to the public: Provided, That the meetings may not be open to the public where at least 2/3 of the members present give their consent thereto. |
| (8) | Allowances and travel expenses may be paid to members who participate in a meeting of the deliberative council on legislative expenses within the budget of the relevant local government. |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the organization and operation of the deliberative council on legislative expenses shall be prescribed by ordinance of the relevant local government. |
| Article 36 (Duties of Experts Specializing in Policy Support) |
| (1) | Experts specializing in policy support under Article 41 (1) of the Act (hereinafter referred to as "experts specializing in policy support") shall support local council members in the collection, surveys, and research of legislative materials, and their legislative activities under Articles 47 through 52 and 83 of the Act. |
| (2) | Details regarding the scope of duties of experts specializing in policy support may be prescribed by municipal ordinance, as provided in paragraph (1). |
| (3) | The title of an expert specializing in policy support shall be policy support officer. |
| Article 37 (Criteria and Procedures for Payment of Compensation for Injuries Sustained by Members of Local Council on Duty) |
| (1) | The criteria for the payment of compensation prescribed in Article 42 (2) of the Act shall be determined, in consideration of the financial capacity of the relevant local government, as provided in the following classifications. In such cases, if a member who has been paid compensation under subparagraph 2 or 3 falls under subparagraph 1 or 2, he or she shall be paid the compensation under subparagraph 1 or 2, but the amount shall be calculated by deducting the amount already paid under subparagraph 2 or 3: |
| 1. | Death in the course of performance of duties or death caused by an injury or illness while on duty: An amount equivalent to the expenses incurred in the legislative activities of a City/Do council member for two years; |
| 2. | Disability caused by an injury while on duty: An amount equivalent to the expenses incurred in the legislative activities of a City/Do council member for one year; |
| 3. | Other injuries in the course of performance of duties: The total medical expenses: Provided, That such amount shall not exceed the payment criteria prescribed in subparagraph 2. |
| (2) | To deliberate on whether a local council member falls under the subparagraphs of paragraph (1), and the amount of compensation, etc. pursuant to Article 42 (1) of the Act, a deliberative committee on compensation to address an injury sustained by a local council member (hereafter referred to as "deliberative committee on compensation" in this Article) shall be established under the jurisdiction of the head of the local government. |
| (3) | The deliberative committee on compensation shall consist of up to five members, including one chairperson, and shall be chaired by a Vice Mayor or Vice Governor (referring to a Vice Governor or Vice Mayor designated by the head of the relevant local government, if the number of Vice Governors or Vice Mayors is two or more) in cases of a Si/Do and by the deputy head of a Si/Gun/Gu in cases of a Si/Gun/autonomous Gu. |
| (4) | Members shall be appointed or commissioned by the head of the relevant local government from among any of the following persons: |
| 1. | One member of the relevant local council; |
| 2. | One public official of the relevant local government; |
| 3. | One public official in medical service; |
| 4. | One person with knowledge of and experience in social security. |
| (5) | Where a person entitled to compensation applies for compensation under Article 42 of the Act, the head of a local government shall determine and pay compensation, following deliberations by the deliberative committee on compensation. |
| (6) | Allowances may be paid to members who attend the meetings of the deliberative committee on compensation within the budget: Provided, That this shall not apply to members who are public officials of the relevant local government. |
| (7) | Except as provided in this Decree, matters necessary for procedures, etc. for the payment of compensation shall be prescribed by ordinance of the relevant local government. |
| Article 38 (Scope of Acquisition, Installation and Disposal of Important Property and Public Facilities) |
| (2) | "Installation and disposal of public facilities prescribed by Presidential Decree" in Article 47 (1) 7 of the Act means the installation and disposal of any of the following public facilities: |
| 1. | New establishment and expansion of public facilities under Article 161 of the Act, or elimination and modification of the purposes thereof; |
| 2. | Concession of the relevant public facilities to the State or another local government on condition that they continue to function as public facilities. |
| (3) | In cases of important property and public facilities that fall under both subparagraphs 6 and 7 of Article 47 (1) of the Act, if a local council passes a resolution under either subparagraph 6 or 7 of that paragraph, a resolution shall be deemed passed by the local council under subparagraphs 6 and 7 of that paragraph. |
| (4) | Where a resolution has been passed by a local council or its opinions have been heard pursuant to other statutes or regulations, with respect to the acquisition and disposal of important property and the establishment and disposal of public facilities under Article 47 (1) 6 or 7 of the Act, the resolution shall be deemed passed under Article 47 (1) of the Act. |
| Article 39 (Scope of Exchange and Cooperation) |
Exchange and cooperation under Article 47 (1) 10 of the Act shall be promoted through the establishment of sisterhood relationships with foreign local governments, the attraction and holding of international events, etc.
| Article 40 (Methods of Requesting Submission of Documents) |
| (1) | A request for the submission of documents under Article 48 of the Act shall be made at least three days before the deadline. |
| (2) | Upon receipt of a request under paragraph (1), the head of a local government shall comply, except as otherwise provided in statutes or regulations, or municipal ordinances. |
| Article 41 (Inspection or Investigation of Administrative Affairs) |
| (1) | The affairs of a local government under Article 49 of the Act shall be inspected during the first or second regular session each year as prescribed by ordinance of the local government. |
| (2) | Where an investigation into a specific case among the affairs of the relevant local government is proposed pursuant to Article 49 of the Act, a local council shall pass a resolution as to whether to conduct such investigation. |
| (3) | Where an investigation is proposed while a local council is out of session or in recess, a request for convening the local council or reopening the session shall be deemed made. |
| (4) | An inspection or investigation plan under Article 43 (4) shall be adopted to conduct an inspection or investigation. |
| (5) | Where a local council member seeks clerical assistance for an inspection or investigation, he or she may receive the assistance of the clerical staff of the local council. |
| Article 42 (Organization of Inspection or Investigation Committee on Administrative Affairs) |
Where a local council intends to inspect or investigate the administrative affairs of the relevant local government, it may have a plenary session or each competent standing committee separately conduct such inspection or investigation or organize a special committee to achieve such purpose.
| Article 43 (Plan to Inspect or Investigate Administrative Affairs) |
| (1) | To conduct an inspection or investigation, the competent standing committee or special committee under Article 42 (hereinafter referred to as "inspection and investigation committee") shall prepare an inspection or investigation plan stating the following matters (hereinafter referred to as "inspection and investigation plan") and submit it to a plenary session to obtain the approval thereof: |
| 1. | Organization of the inspection and investigation committee; |
| 2. | Inspection or investigation schedule; |
| 3. | Inspection or investigation guidelines; |
| 4. | Purpose and scope of an investigation; |
| 5. | Other matters necessary for an inspection or investigation, prescribed by municipal ordinance. |
| (2) | A plenary session shall examine to approve or reject an inspection or investigation plan through the passage of a resolution thereon. |
| (3) | Where a plenary session approves an inspection or investigation plan, the speaker shall notify the head of the relevant local government thereof without delay. |
| (4) | Where a plenary session directly conducts an inspection or investigation pursuant to Article 42, the local council shall prepare an inspection or investigation plan stating the matters prescribed in paragraph (1) 2 through 5, pass a resolution thereon, and then notify the head of the relevant local government thereof without delay. |
| Article 44 (Institutions Subject to Inspection or Investigation of Administrative Affairs) |
| (1) | Institutions subject to inspection or investigation shall be as follows: |
| 1. | Relevant local governments; |
| 3. | Institutions related to education, science, and sports, which are established under Article 135 of the Act; |
| 4. | Local public enterprises under Article 163 of the Act, which are established by the relevant local government; |
| 5. | Organizations or institutions that handle the affairs delegated or entrusted (excluding affairs delegated or entrusted to local governments) under Article 117 (2) and (3) of the Act; this shall only apply to cases on which a plenary session deems it necessary to pass a resolution; |
| 6. | Corporations, at least 1/4 of the capital of which has been invested or funded by a local government, among institutions invested or funded under Article 2 (1) of the Act on the Operation of Local Government-Invested or -Funded Institutions: Provided, That where a plenary session deems it necessary to conduct an inspection or investigation, thereby passing a resolution thereon, such inspection or investigation shall only target the corporation’s business, accounting and property affairs related to the local government’s investment or funding. |
| (2) | Where an institution subject to inspection or investigation under paragraph (1) engages in affairs that fall under the jurisdiction of at least two local governments, a local council shall consult with the local councils of the relevant local governments to inspect or investigate the affairs. |
| Article 45 (Method of Inspecting the State and City/Do Affairs) |
| (1) | Articles 41 through 44, and 46 through 53 shall apply mutatis mutandis to inspections conducted by the local councils of Cities/Dos and Sis/Guns/autonomous Gus, with regard to the State and City/Do affairs pursuant to Article 49 (3) of the Act. |
| (2) | Where the National Assembly or a City/Do council requests that a local council which has conducted an inspection under the latter part of Article 49 (3) of the Act submit necessary materials, such local council shall comply. |
| Article 46 (Method of Inspecting or Investigating Administrative Affairs) |
| (1) | On-site confirmation, requests for the submission of documents, or requests for the head of a local government, the relevant public official, or a person related to the affairs to attend and give his or her testimony or opinion under Article 49 (4) of the Act shall be conducted or made through the speaker of a local council at least three days prior to the date such on-site confirmation is conducted, requests for the submission of documents, or requests for the above-mentioned person to attend and give his or her testimony or opinion are made. |
| (2) | A person, in receipt of a request under paragraph (1), shall comply, and cooperate with the inspection or investigation of administrative affairs, except as otherwise provided in statutes or regulations or municipal ordinances. |
| (3) | Where the head of a local government, a related public official or a person involved in the affairs has good cause not to comply with a request made under paragraph (1), he or she shall submit a statement of reasons to the speaker of the local council at least one day prior to the date he or she is requested to attend and give his or her testimony or opinion. |
| (4) | The speaker of a local council shall notify the head of a local government as to a person who has violated Article 49 (5) of the Act and the details thereof. |
| (5) | The criteria for imposing administrative fines under Article 49 (5) of the Act shall be as prescribed by ordinance of a local government. |
| (6) | Where the speaker or the chairperson of a local council requests that a witness testify, he or she shall have the witness take an oath. |
| (7) | Before a witness takes an oath, the speaker or the chairperson who has requested testimony shall clearly state the purport of the oath, and inform that perjury can lead to indictment. |
| Article 47 (Witness Protection and Reimbursement for Actual Expenses) |
| (1) | Where a witness or a person for reference who gives a testimony or statement at a local council meeting expresses his or her intention not to comply with broadcasting, reporting, and other similar requests or demands a closed-door meeting for special reasons, broadcasting or reporting may be prohibited or all or part of the meeting may not be disclosed through a resolution passed at a plenary session or by the inspection and investigation committee. |
| (2) | Where a witness or a person for reference who gave a testimony or statement before a local council meeting requests a copy thereof, such copy may be delivered upon the approval from the speaker. |
| (3) | Actual expenses such as travel expenses shall be paid to persons who have attended meetings of a local council or other occasions to submit documents or give a testimony or statement under Article 49 (4) of the Act, as prescribed by ordinance of the relevant local government. |
| Article 48 (Limitations in Inspecting or Investigating Administrative Affairs) |
No inspection or investigation shall be conducted for the purpose of infringing on the privacy of an individual or interfering with any pending trial or the prosecution of a case under investigation.
| Article 49 (Exclusion and Recusal) |
| (1) | No local council member, who has a direct interest or has a ground to believe that it is significantly difficult for him or her to conduct a fair inspection or investigation, shall participate in the relevant inspection or investigation. |
| (2) | Where a local council member is deemed to have a ground referred to in paragraph (1), a plenary session or the inspection and investigation committee shall stop the relevant member from participating in the inspection or investigation upon the passage of a resolution at a plenary session or by the inspection and investigation committee, and have another local council member conduct such inspection or investigation. |
| (3) | Where the relevant local council member has an objection against a measure taken under paragraph (2), he or she shall comply with a resolution passed at a plenary session. |
| (4) | A local council member who has a ground referred to in paragraph (1) may recuse himself or herself from an inspection or investigation only in the relevant case by obtaining permission from a plenary session or the inspection or investigation committee. |
| Article 50 (Duty of Care) |
| (1) | A local council member shall pay close attention not to seriously obstruct the functions and activities of the relevant agency or divulge any confidential information, while conducting an inspection or investigation. |
| (2) | No local council member and clerical assistant shall divulge any confidential information they become aware of in the course of an inspection or investigation without good cause. |
| Article 51 (Openness Principle) |
An inspection or investigation shall be open to the public: Provided, That this may not apply where a resolution to the contrary is passed at a plenary session, or by the inspection or investigation committee.
| Article 52 (Reporting on Results of Inspecting or Investigating Administrative Affairs) |
| (1) | Where the inspection or investigation committee completes an inspection or investigation, the chairperson of such committee shall submit a report thereon to the speaker of the local council without delay and report such fact to a plenary session. |
| (2) | The speaker of a local council may have the chairperson of the inspection or investigation committee file an interim report on an inspection or investigation. |
| Article 53 (Operational Regulations) |
Except as provided in the Act and this Decree, matters necessary for an inspection or investigation shall be prescribed by ordinance of the relevant local government.
| Article 54 (Notification as to Proxy Attendance for Answering Questions) |
Where the head of a local government intends to have related public officials attend and answer questions pursuant to the proviso of Article 51 (2) of the Act, he or she shall notify the speaker of the local council or the chairperson of the committee in writing, stating the reasons therefor before the commencement of a plenary session or a meeting of the committee.
| Article 55 (Notification of Resolution of Non-Confidence) |
| (1) | Where a local council passes a resolution of non-confidence against the speaker or vice-speaker pursuant to Article 62 of the Act, it shall notify the head of the relevant local government of the details thereof without delay. |
| (2) | The head of a local government, in receipt of a notification under paragraph (1), shall report the details, without delay, to the Minister of the Interior and Safety in cases of a City/Do and to a Mayor/Do Governor in cases of a Si/Gun/autonomous Gu. |
| Article 56 (Preparation of Meeting Minutes of Local Council and Report Thereon) |
| (1) | A local council shall record and keep the details of its meetings by using a stenographer or recording the meetings. |
| (2) | The speaker of a local council shall notify the head of the local government of the results of a meeting under Article 84 (3) of the Act within 30 days from the date the meeting ends. |
| (3) | The head of a local government, in receipt of the results of a meeting under paragraph (2), shall report the results by attaching the copies of the meeting minutes within five days from the date the Minister of the Interior and Safety or a Mayor/Do Governor makes a request. |
| (4) | Except as provided in the Act and this Decree, matters necessary for meeting minutes shall be prescribed by meeting rules. |
| Article 57 (Attachment of Written Opinion of Petition-Introducing Member) |
A person who intends to file a petition with a local council pursuant to Article 85 of the Act shall attach a written opinion of a local council member who has introduced the petition.
| Article 58 (Request for Supplementation of Petition) |
Where a petition submitted to a local council fails to meet the requirements, the speaker of the local council may request that the petition be supplemented within a specified period of time.
| Article 59 (Operational Regulations) |
Except as provided in the Act and this Decree, matters necessary for filing petitions shall be prescribed by rule of the local council.
| Article 60 (Resignation of Local Council Members) |
| (1) | Where a local council member intends to resign, he or she shall submit, to the speaker of the local council, a letter of resignation to which he or she has affixed his or her signature or seal. |
| Article 61 (Examination of Qualifications of Local Council Members) |
| (1) | Upon receipt of a request to examine the qualifications of a local council member under Article 91 (1) of the Act, the speaker shall serve a copy of the written request on the local council member subject to examination (hereafter referred to as "member subject to examination” in this Article) and have him or her submit a written answer within a specified period of time. |
| (2) | Where a member subject to examination fails to submit a written answer within the period referred to in paragraph (1) without good cause, the speaker of the local council may examine the qualifications of the relevant local council member based on the written request only. |
| (3) | If necessary, a local council may have a member who has requested that the qualifications of another local council member be examined and the member subject to examination attend a meeting in order to ask them questions. |
| (4) | A member subject to examination may have another local council member attend and speak at a meeting. |
CHAPTER IV EXECUTIVE ORGANIZATIONS
| Article 62 (Oath by Head of Local Government) |
The head of a local government shall take the following oath at his or her inauguration:
"I do solemnly swear that I will observe statutes or regulations and faithfully perform my duties as a Mayor/Do Governor (the head of a Si/Gun/Gu) to promote the welfare of residents and community development and to realize national policies.”
| Article 63 (Notice and Report of Resignation by Head of Local Government) |
| (1) | The head of a local government shall give notice of his or her resignation under Article 111 of the Act no later than 10 days prior to the date of resignation: Provided, That this shall not apply where any unavoidable cause exists. |
| (2) | Where the head of a local government gives notice of his or her resignation under paragraph (1), such fact shall be immediately reported to the Minister of the Interior and Safety in cases of a City/Do, and to a Mayor/Do Governor in cases of a Si/Gun/autonomous Gu. |
| Article 64 (Transfer of Affairs) |
| (1) | The head of a local government who retires pursuant to Article 119 of the Act shall transfer all of his or her affairs to the new head of the local government or to a person who vicariously performs duties or exercises authority on any of the following dates: |
| 1. | Where he or she retires due to the expiry of the term of office: The date the term of office of the new head of a local government begins; |
| 2. | Where he or she retires during his or her term of office: The date he or she retires. |
| (2) | Where affairs are transferred to a person who vicariously performs duties or exercises authority under the provisions, with the exception of the subparagraphs, of paragraph (1), he or she shall transfer the affairs to the new head of the local government without delay when the new head of the local government is ready. |
| Article 65 (Methods of Transferring Affairs) |
To transfer affairs under Article 64, a written statement of transfer of affairs, including the following matters, to which the transferor, transferee, and witness affix their signatures and seals, shall be prepared: | 1. | A list of documents and books; |
| 2. | A list of property, such as public property, articles, bonds and debts; |
| 3. | A tabulation of current revenues and expenditures in budget and accounting, and a certificate of balance; |
| 4. | Important projects being planned or are already underway; |
| 5. | Other important matters. |
| Article 66 (Presence of Witness When Transferring Affairs) |
| (1) | A witness shall be in attendance during the transfer of affairs, and upon the completion of transfer, the witness shall affix a seal to a written statement of transfer of affairs after verifying whether the written statement of transfer of affairs contains any error. |
| (2) | A Vice Governor, a Vice Mayor or the deputy head of a Gun/Gu shall be in attendance during the transfer of affairs: Provided, That a person prescribed by rule of the relevant local government shall be in attendance, in any of the following cases: |
| 1. | Where a Vice Governor, a Vice Mayor or the deputy head of a Gun/Gu is unable to attend for such reasons as vacancy; |
| 2. | Where a person who vicariously performs duties or exercises authority takes over affairs prescribed in the provisions, with the exception of the subparagraphs, of Article 64 (1); |
| 3. | Where a person who vicariously performs duties or exercises authority under Article 64 (2) transfers affairs to the new head of the local government. |
| Article 67 (Omission of Written Statement of Transfer of Affairs) |
For matters falling under the subparagraphs of Article 65, the status of which can be confirmed by means of lists or ledgers kept at the time of transfer of affairs, such lists or ledgers may substitute parts corresponding in a written statement of transfer of affairs. In such cases, the intent thereof shall be included in the written statement of transfer of affairs.
| Article 68 (Operational Regulations) |
Except as provided in the Act and this Decree, matters necessary for the transfer of affairs by the heads of local governments shall be prescribed by rule of the relevant local government.
| Article 69 (Reconsideration by Local Council and Procedures Therefor) |
| (1) | A request for reconsideration pursuant to Article 32 (3), 120 (1), 121 (1) or 192 (1) and (2) of the Act may be made even when a local council is out of session, and the local council, in receipt of such request, shall reconsider within 10 days from the date a written request for reconsideration arrives, unless any unavoidable cause exists. In such cases, the period of time during which the local council is out of session or in recess shall not be included. |
| (2) | No head of a local government shall request that part of the resolution passed by the local council be reconsidered or request that such resolution be modified and then reconsidered. |
| Article 70 (Emergency Actions) |
| (1) | Matters requiring urgency to protect the lives and property of residents pursuant to Article 122 (1) of the Act mean any of the following: |
| 1. | Restoration and rescue from damage caused by an act of God or large fire; |
| 2. | Key military security support; |
| 3. | Preventive measures against acute infectious diseases; |
| 4. | Other matters likely to cause serious damage to the lives and property of residents if not addressed urgently. |
| (2) | Where emergency actions are taken, the head of a local government shall report such fact to the Minister of the Interior and Safety, in cases of a City/Do, and to a Mayor/Do Governor, in cases of a Si/Gun/autonomous Gu. |
| Article 71 (Number and Classes of Vice Mayors or Vice Governors) |
| (1) | The number of Vice Mayors of the Special Metropolitan City shall be three, and the number of Vice Mayors of each Metropolitan City and Special Self-Governing City, and Vice Governors of each Do and Special Self-Governing Province shall be two (three for a Metropolitan City and Do with a population of at least eight million) under Article 123 (1) of the Act. |
| (2) | A Vice Mayor of the Special Metropolitan City, a Metropolitan City or a Special Self-Governing City (hereinafter referred to as "administrative Vice Mayor") or a Vice Governor of a Do or a Special Self-Governing Province (hereinafter referred to as "administrative Vice Governor“) who is a State public official pursuant to Article 123 (2) of the Act shall be appointed as a State public official in political service, in cases of the Special Metropolitan City, and as a public official in general service of the Senior Executive Service, in cases of a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province pursuant to Article 2-2 of the State Public Officials Act, and the class of duties (referring to the class of duties assigned by the Minister of Personnel Management in consultation with the Minister of the Interior and Safety under Article 23 of the State Public Officials Act) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | A Vice Mayor of the Special Metropolitan City, a Metropolitan City, or a Special Self-Governing City (hereinafter referred to as "political Vice Mayor") and a Vice Governor of a Do or a Special Self-Governing Province (hereinafter referred to as "political Vice Governor") who is a local public official pursuant to the proviso of Article 123 (2) of the Act shall be appointed as a local public official in political service, in cases of the Special Metropolitan City, and as a local public official or local management officer of Grade I or its equivalent in extraordinary civil service, in cases of a Metropolitan City, a Special Self-Governing City, a Do or a Special Self-Governing Province. |
| (4) | An administrative Vice Mayor/administrative Vice Governor shall administer the overall affairs of a City/Do and supervise affiliated public officials, and a political Vice Mayor/political Vice Governor shall assist the competent Mayor/Do Governor, participate in the formulation of policies and plans, and perform other political affairs: Provided, That a political Vice Mayor/political Vice Governor of a City/Do may conduct the affairs of the administrative Vice Mayor/administrative Vice Governor as prescribed by ordinance of the relevant City/Do. |
| (5) | The title of a political Vice Mayor/political Vice Governor who conducts the affairs of the administrative Vice Mayor/administrative Vice Governor pursuant to the proviso of paragraph (4) shall be prescribed by municipal ordinance. |
| (6) | In cases of a City/Do with two administrative Vice Mayors/administrative Vice Governors, their title shall be administrative Vice Mayor 1, administrative Vice Governor 1, administrative Vice Mayor 2, and administrative Vice Governor 2, and their affairs shall be allocated as specified in attached Table 7. |
| (7) | The following criteria shall apply to the class of the deputy head of a Si/Gun/autonomous Gu: |
| 1. | A Si/Gun, and a Metropolitan City’s autonomous Gu with a population of less than 100,000: Local administrative officer; |
| 2. | An autonomous Gu of the Special Metropolitan City with a population of less than 500,000: Local deputy commissioner; |
| 3. | A Si/Gun, and a Metropolitan City’s autonomous Gu with a population of at least 100,000 but less than 500,000: Local deputy commissioner; |
| 4. | A Si/Gun/autonomous Gu with a population of at least 500,000: Local commissioner. |
| (8) | In applying paragraph (7), the population shall be determined based on the number of the residents registered in the relevant Si/Gun/autonomous Gu, and the following criteria shall apply to the adjustment of classes to address changes in the total population: |
| 1. | Where the population at the end of each year exceeds the population standard corresponding to the class of the deputy head of the relevant Si/Gun/autonomous Gu for two consecutive years, such class shall be adjusted upward on July 1 of the following year; |
| 2. | Where a population figure obtained by calculating the arithmetic mean of the population at the end of each quarter of the preceding year falls short of the population standard corresponding to the class of the deputy head of the relevant Si/Gun/autonomous Gu for two consecutive years, such class shall be adjusted downward on July 1 of the following year; |
| 3. | Where a Si/Gun/autonomous Gu is newly established, the class of the deputy head of such Si/Gun/autonomous Gu shall be determined based on the current population as of the date of the establishment of such Si/Gun/autonomous Gu. |
| Article 72 (Vicarious Exercise of Authority and Performance of Duties) |
| (1) | A Vice Governor, a Vice Mayor or the deputy head of a Gun/Gu who exercises the authority of the head of a local government vicariously under Article 124 (1) and (2) of the Act (hereafter referred to as "deputy head of a local government” in this Article) shall handle the affairs that fall under the authority of the head of the local government, as prescribed by statutes or regulations, or ordinance or rule of the local government. |
| (2) | Where any cause referred to in Article 124 (3) of the Act has arisen, the head of a local government shall determine in advance the scope and period within which the deputy head of the local government performs duties on behalf of the head of the local government in writing. |
| (3) | The deputy head of a local government who performs duties on behalf of the head of the local government under Article 124 (3) of the Act shall handle the affairs delegated or directed in advance by the head of the local government in writing under paragraph (2): Provided, That where urgency is required to advance the public interest, the deputy head of a local government may handle any affairs that fall under the authority of the head of the local government, in addition to those delegated or directed to him or her. |
| (4) | Where the deputy head of a local government exercises or does not exercise the authority of the head of a local government vicariously pursuant to Article 124 (1) and (2) of the Act, such fact shall be immediately notified to the local council, and shall be reported to the Minister of the Interior and Safety in cases of a City/Do and to a Mayor/Do Governor in cases of a Si/Gun/autonomous Gu. |
| (5) | Where a City/Do has three Vice Mayors/Vice Governors pursuant to Article 123 (1) 1 and 2 of the Act, the following order of priority shall be given to the vicarious exercise of the authority or performance of the duties of a Mayor/Do Governor: administrative Vice Mayor 1/administrative Vice Governor 1; administrative Vice Mayor 2/administrative Vice Governor 2; and political Vice Mayor/political Vice Governor; and where a City/Do has two Vice Mayors/Vice Governors, the following order of priority shall be given to the vicarious exercise of the authority or performance of the duties of a Mayor/Do Governor: administrative Vice Mayor/administrative Vice Governor; and political Vice Mayor/political Vice Governor. |
| Article 73 (Establishment of Subordinate Organizations under Direct Control) |
Where it is more efficient for a specialized institution to conduct the affairs of a local government in light of the nature of its affairs, the local government may establish subordinate organizations under direct control pursuant to Article 126 of the Act.
| Article 74 (Establishment of University and Junior College) |
Where a local government intends to establish a university, junior college, etc. from among the subordinate organizations under direct control pursuant to Article 73, the following requirements shall be met: | 1. | That the local government is financially capable of funding the establishment and operation of a university, junior college, etc.; |
| 2. | That there is a strong local demand for industrial human resources, and that it is necessary for a university, junior college, etc. to meet such demand; |
| 3. | That it can contribute to balanced development between regions; |
| 4. | That a mid-and long-term development plan and curriculum of a university, junior college, etc., and fixed number of students registered therein are appropriate; |
| 5. | That the local community provides an active support for the establishment of a university, junior college, etc. |
| Article 75 (Establishment of Office) |
Where a local government meets the following requirements, it may establish an office under Article 127 of the Act: Provided, That where the local government needs an office for a project that ends after a specific period of time, such office shall be established for temporary use: | 1. | That it is more efficient for a different institution to conduct affairs, in light of the nature, workloads, etc. of the affairs; |
| 2. | That it is more efficient to conduct affairs at the site, in light of the location of an office. |
| Article 76 (Establishment of Branch Office) |
| (1) | Where a local government meets the following requirements, it may establish a branch office under Article 128 of the Act: |
| 1. | Need for allocating the affairs under its jurisdiction to enhance the convenience of residents in remote areas; |
| 2. | Comprehensiveness and continuity of affairs; |
| 3. | Clear jurisdictional boundaries. |
| (2) | Notwithstanding paragraph (1), no branch office shall be established in any of the following cases: |
| 1. | In cases of a Si (excluding a Si in an urban and rural complex form under Article 10 (2) of the Act) in which a Gu, not an autonomous Gu, is established; |
| Article 77 (Establishment of Collegiate Administrative Agencies) |
A local government may establish a collegiate administrative agency under Article 129 of the Act, in any of the following cases: | 1. | Where highly professional knowledge or technologies are required; |
| 2. | Where neutral and impartial execution is required; |
| 3. | Where reflection of residents' intentions and coordination of different interests are required. |
| Article 78 (Requirements for Establishment of Advisory Body) |
| 1. | Where the characteristics of the affairs require that the opinions of a person with professional knowledge or experience be included in the decision-making process; |
| 2. | Where the nature of the affairs requires that especially deliberate procedures be followed for the coordination of various interests, etc. |
| Article 79 (Organization of Advisory Body) |
| (1) | An advisory body under Article 130 (1) of the Act shall consist of members necessary for achieving the objectives of the establishment in an efficient manner. |
| (2) | Members of an advisory body under Article 130 (1) of the Act shall be non-standing members, and the term of office of a member who is not a public official shall not exceed three years. |
| Article 80 (Period of Existence of Advisory Body) |
| (1) | Where a local government establishes an advisory body under Article 130 (1) of the Act, the period of existence of the advisory body shall be prescribed by ordinance of the local government, if no specific reason exists to continuously maintain the advisory body. |
| (2) | The period of existence prescribed in paragraph (1) shall be the minimum period necessary to achieve the objectives of an advisory body and shall not exceed five years. |
| Article 81 (Appointment of Heads of Ris and Tongs) |
| (2) | A person who has earned high respect among residents shall be appointed as the head of a Ri/Tong under paragraph (1) by the head of an Eup/Myeon/Dong, as prescribed by rule of the relevant local government. |
| (3) | Where the head of an Eup/Myeon/Dong appoints the head of a Ri/Tong pursuant to paragraph (2), he or she shall report such fact to the head of the relevant Si/Gun/Gu. |
CHAPTER V FINANCIAL AFFAIRS
| Article 82 (Approval of Settlement of Accounts) |
The approval for settlement of the accounts of a local council under Article 150 of the Act shall be addressed within the first regular session.
| Article 83 (Appointment of Inspectors) |
| (1) | The number of inspectors appointed by a local council pursuant to the former part of Article 150 (1) of the Act (hereinafter referred to as "inspector") shall be at least seven but not more than 20 for a City/Do, and at least three but not more than 10 for a Si/Gun/autonomous Gu, and matters necessary for the number of inspectors, appointment methods, operation thereof, and reimbursement for actual expenses shall be prescribed by ordinance of the relevant local government. |
| (2) | Inspectors shall be appointed from among persons with professional knowledge of and experience in the management of financial affairs, such as members of the relevant local council, certified public accountants, or certified tax accountants. In such cases, the number of local council members shall be not more than 1/3 of the total number of inspectors, not exceeding three. |
| (3) | No full-time employee of a local government shall become an inspector. |
| Article 84 (Matters Subject to Inspection When Settling Accounts) |
| (1) | Matters to be inspected by an inspector when settling accounts shall be as follows: |
| 1. | Outlines of settlement of accounts; |
| 2. | Settlement of revenues and expenditures; |
| 5. | Documents attached to a written settlement of accounts; |
| 6. | Settlement of depositories. |
| (2) | An inspector may request that the head of a local government and a depository submit materials necessary for an inspection, and the head of the local government and the depository, in receipt of such request, shall comply, unless there is a compelling reason not to do so. |
| (3) | An inspector shall submit an inspection opinion to the head of the relevant local government within 10 days from the date he or she completes the inspection of the settlement of accounts. |
| (4) | A local council may have an inspector attend and make explanations at a meeting, while deliberating on the settlement of accounts, if deemed necessary. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the detailed criteria, procedures, etc. for inspecting the settlement of accounts shall be determined by the Minister of the Interior and Safety. |
CHAPTER VIII RELATIONSHIP AMONG LOCAL GOVERNMENTS
| Article 85 (Procedures for Requests for Dispute Mediation and Ex Officio Mediation) |
| (1) | A request for mediation of a dispute under the main clause of Article 165 (1) of the Act (hereinafter referred to as "request for mediation of a dispute") shall be filed in writing by either or both of the parties to the dispute with the Minister of the Interior and Safety or a Mayor/Do Governor. |
| (2) | Where a party to a dispute files a request for mediation of a dispute pursuant to paragraph (1), the Minister of the Interior and Safety or a Mayor/Do Governor shall notify the other party of such request. |
| (3) | Upon receipt of a request for mediation of a dispute under paragraph (1), the Minister of the Interior and Safety or a Mayor/Do Governor shall refer it to a central dispute mediation committee for local governments under Article 166 (1) of the Act (hereinafter referred to as "central dispute mediation committee") or to a local dispute mediation committee under the same paragraph (hereinafter referred to as “local dispute mediation committee”) without delay. |
| (4) | Where the Minister of the Interior and Safety or a Mayor/Do Governor intends to mediate a dispute ex officio pursuant to the proviso of Article 165 (1) of the Act, he or she shall recommend in advance in writing that the parties to the dispute settle the dispute through consultations within a specified period of time or apply for mediation of the dispute. |
| (5) | Where a dispute is not settled or no request for mediation of a dispute is filed within the period referred to in paragraph (4), the Minister of the Interior and Safety or a Mayor/Do Governor may refer such case to the central dispute mediation committee or a local dispute mediation committee. |
| (6) | Where the central dispute mediation committee or a local dispute mediation committee finishes deliberating and resolving on a dispute referred to in paragraphs (3) and (5), it shall notify the Minister of the Interior and Safety or a Mayor/Do Governor of the results thereof without delay. |
| Article 86 (Report on Implementation Plans) |
The head of a local government notified by the Minister of the Interior and Safety or a Mayor/Do Governor of a decision on mediation pursuant to Article 165 (4) of the Act shall prepare an implementation plan therefor within 30 days from the date of receipt of such notification and report it to the Minister of the Interior and Safety or a Mayor/Do Governor.
| Article 87 (Duties of Chairperson of Central Dispute Mediation Committee and Meetings) |
| (1) | The chairperson of the central dispute mediation committee shall represent the committee and exercise general supervision over its affairs. |
| (2) | The chairperson of the central dispute mediation committee shall convene and preside over meetings of the committee. |
| (3) | Where the chairperson of the central dispute mediation committee is unable to perform his or her duties due to any unavoidable cause, a member designated in advance by the chairperson shall act on his or her behalf. |
| Article 88 (Ex Officio Members of Central Dispute Mediation Committee) |
"Public officials of central administrative agencies prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 166 (5) of the Act means the Vice Minister of Economy and Finance, the Vice Minister of the Interior and Safety, the Vice Minister of Trade, Industry and Energy, the Vice Minister of Environment, and the Vice Minister of Land, Infrastructure and Transport. If several Vice Ministers exist in an agency, the Vice Minister designated by the head of the agency shall be appointed.
| Article 89 (Dismissal of Members) |
| Article 26 shall apply mutatis mutandis to the dismissal of commissioned members of the central dispute mediation committee. |
| Article 90 (Executive Secretary) |
| (1) | To handle the affairs of the central dispute mediation committee, one executive secretary and necessary public officials shall be appointed to the committee. |
| (2) | The executive secretary of the central dispute mediation committee shall be designated by the Minister of the Interior and Safety from among public officials of the Ministry of the Interior and Safety. |
| Article 91 (Subcommittees of Central Dispute Mediation Committee) |
| (1) | The central dispute mediation committee may establish a subcommittee to professionally examine agenda items prior to deliberations. |
| (2) | A subcommittee shall consist of five members, including one chairperson. |
| (3) | A subcommittee shall be chaired by the Vice Minister of the Interior and Safety, and its members shall be designated by the chairperson of the central dispute mediation committee from among the members in a field relating to the agenda items, and the number of the ex officio members and commissioned members shall be equal. |
| (4) | The chairperson of a subcommittee may have the relevant public officials, experts, etc. attend and state their opinions at a meeting or may request that the relevant institutions, organizations, etc. submit materials and opinions, if necessary for preforming his or her affairs. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the operation of a subcommittee shall be determined by the chairperson, upon the passage of a resolution by the central dispute mediation committee. |
| Article 92 (Request for Dispatch of Public Officials) |
| (1) | The central dispute mediation committee may request that the head of the relevant central administrative agency or the head of the relevant local government dispatch affiliated public officials, if necessary for conducting the affairs of the committee. |
| (2) | The chairperson of the central dispute mediation committee may have the public officials dispatched under paragraph (1) assist in the affairs of the executive secretary. |
Allowances may be paid to members, and the relevant public officials or experts who attend the meetings of the central dispute mediation committee and subcommittees within the budget: Provided, That this shall not apply where members who are public officials, or the relevant public officials attend such meetings in direct connection with their duties.
| Article 94 (Detailed Operational Rules) |
Except as provided in this Decree, matters necessary for the operation of the central dispute mediation committee and subcommittees shall be determined by the chairperson upon the passage of a resolution by the central dispute mediation committee.
| Article 95 (Organization and Operation of Local Dispute Mediation Committee) |
| (1) | Articles 26, 87 and 93 shall apply mutatis mutandis to the dismissal of members of a local dispute mediation committee, the chairperson’s duties and meetings, allowances, etc. |
| (2) | Except as provided in this Decree, matters necessary for the organization and operation of a local dispute mediation committee shall be prescribed by ordinance of a City/Do. |
| Article 96 (Criteria for Organization of Administrative Consultative Council) |
| (1) | An administrative consultative council between the relevant local governments under the former part of Article 169 (1) of the Act (hereafter referred to as "administrative consultative council" in this Article, and Articles 97 through 102) shall be organized between the relevant local governments, in consideration of a plan formulated to handle comprehensive affairs, the execution thereof, the satisfaction of the special administration demand, the joint installation of public facilities, the exchange of administrative information, the coordination of administrative and financial affairs, and other similar affairs. |
| (2) | Administrative consultative councils in the Seoul Metropolitan area and metropolitan areas shall be organized between the relevant Cities/Dos in consideration of the special nature of administration of the Seoul Metropolitan area and metropolitan areas. |
| Article 97 (Location of Office of Administrative Consultative Council) |
The office of an administrative consultative council shall be established under a local government which plays a more leading role in the affairs to be jointly handled (hereinafter referred to as "central local government").
| Article 98 (Report on Organization of Administrative Consultative Councils) |
Where the head of the central local government organizes an administrative consultative council under Article 169 (1) of the Act, he or she shall file a report on the following matters with the Minister of the Interior and Safety, the head of the relevant central administrative agency, or a Mayor/Do Governor within 10 days: | 1. | Name of the administrative consultative council; |
| 2. | Names of affiliated local governments; |
| 3. | Purpose of organizing the administrative consultative council; |
| 4. | Date of organizing the administrative consultative council; |
| 5. | A copy of the rules of the administrative consultative council. |
An administrative consultative council under Article 170 (1) of the Act shall have one chairperson, and where the chairperson is unable to perform his or her duties due to any unavoidable cause, a person to act for him or her shall be appointed in accordance with the rules of the administrative consultative council.
| (1) | An administrative consultative council shall hold meetings on a regular or occasional basis. |
| (2) | Regular sessions shall be convened twice a year, once every six months, and special sessions shall be convened by the chairperson upon receipt of a request by the head of the relevant local government, as prescribed by rule. |
| (3) | The Minister of the Interior and Safety may recommend that a City/Do hold a meeting of an administrative consultative council, in cases of a City/Do being a member, and a Mayor/Do Governor may recommend that a Si/Gun/autonomous Gu hold a meeting of an administrative consultative council, in cases of a Si/Gun/autonomous Gu being a member, as deemed necessary by the Minister of the Interior and Safety and the Mayor/Do Governor. |
| (4) | Whenever a meeting is held, the chairperson of an administrative consultative council shall prepare and distribute the agenda items to be consulted on by the administrative consultative council to the head of the relevant local government prior to the meeting. |
| (5) | Where a meeting of an administrative consultative council is held, the minutes of the meeting shall be recorded. |
| (6) | The chairperson of an administrative consultative council shall file a report on the outcomes of holding a meeting of the administrative consultative council with the Minister of the Interior and Safety where Cities/Dos are members, and with a Mayor/Do Governor where Sis/Guns/autonomous Gus are members, within 14 days after such meeting is held. |
| (1) | To seek advice on the matters to be consulted on, an administrative consultative council may appoint advisors. |
| (2) | The chairperson of an administrative consultative council shall commission advisors from among the heads of the State’s special administrative agencies, local council members, the heads of the relevant public organizations, and relevant experts, after obtaining approval from the administrative consultative council. |
| Article 102 (Operational Regulations) |
Except as provided in the Act and this Decree, matters necessary for the operation of an administrative consultative council shall be prescribed by Ordinance of the Ministry of the Interior and Safety.
| Article 103 (Report on Establishment of National Consultative Body) |
| (1) | To ensure the efficient operation of the national consultative body under Article 182 (1) 3 or 4 of the Act, the national consultative body may establish local consultative bodies in which all the heads of Sis/Guns/autonomous Gus in each City/Do or all the speakers of Si/Gun/autonomous Gu councils participate. |
| (2) | The representative of a consultative body or federation (hereafter referred to as "consultative body or federation” in this paragraph) shall file a report on the following matters with the Minister of the Interior and Safety pursuant to Article 182 (3) of the Act: |
| 1. | Purposes of establishment; |
| 2. | Name of the consultative body or federation; |
| 3. | Matters regarding the organization, operation, etc. of the consultative body or federation; |
| 4. | Minutes of the inaugural general meeting; |
| 5. | Names of the representative, executive officers, and members. |
| (3) | Where the representative of a consultative body or federation modifies any matter reported pursuant to paragraph (2), he or she shall file a report on such modifications with the Minister of the Interior and Safety. |
| (4) | A report under paragraphs (2) and (3) shall be filed in a form prescribed by Ordinance of the Ministry of the Interior and Safety. |
CHAPTER IX RELATIONSHIPS BETWEEN THE STATE AND LOCAL GOVERNMENTS
| Article 104 (Assisting in Affairs of Local Governments and Receiving Reports Thereon) |
| (1) | If deemed necessary to provide advice, recommendations, or guidance under Articles 184 and 185 of the Act, the head of a central administrative agency or a Mayor/Do Governor may convene a meeting of the heads of local governments or relevant public officials. |
| (2) | If deemed necessary to enhance the effectiveness of important policies or measures of the State or local governments in the course of formulating, determining, and executing such policies or measures, the head of a central administrative agency or a Mayor/Do Governor may have the head of a local government report the opinions of residents, local situations, etc. |
| Article 105 (Term of Office of Administrative Consultation and Mediation Committee Members) |
The term of office of the chairperson and commissioned members of the Administrative Consultation and Mediation Committee under Article 187 (1) of the Act (hereinafter referred to as the “Administrative Consultation and Mediation Committee”) shall be two years: Provided, That the term of office of a substitute member who is filling a vacancy shall be the remaining term of office of the predecessor.
| Article 106 (Functions of Administrative Consultation and Mediation Committee, and Consultation and Mediation Procedures) |
| (1) | Upon receipt of an application filed by the head of a central administrative agency or the head of a local government, the Administrative Consultation and Mediation Committee shall consult on and mediate matters on which different opinions exist between the parties. |
| (2) | An application for consultation and mediation under paragraph (1) shall be filed with the chairperson of the Administrative Consultation and Mediation Committee in writing by both or either of the parties. |
| (3) | Where a Mayor/Do Governor is a party to an application for consultation or mediation filed under paragraph (2), such fact shall be notified to the Minister of the Interior and Safety, and where the head of a Si/Gun/Gu is a party thereto, such fact shall be notified to a Mayor/Do Governor and the Minister of the Interior and Safety. |
| (4) | Upon receipt of an application under paragraph (2), the chairperson of the Administrative Consultation and Mediation Committee shall report such fact to the Prime Minister without delay, and notify the Minister of the Interior and Safety, the head of the relevant central administrative agency, and the head of the relevant local government thereof. |
| (5) | Where any decision is made on the matters requiring consultation and mediation under paragraph (1), the chairperson of the Administrative Consultation and Mediation Committee shall report it in writing to the Prime Minister without delay, and notify the Minister of the Interior and Safety, the head of the relevant central administrative agency, and the head of the relevant local government thereof. |
| (6) | Upon receipt of a notification under paragraph (5), the head of the relevant central administrative agency and the head of the relevant local government shall comply with any decision made after consultation and mediation. |
A majority of the members of the Administrative Consultation and Mediation Committee shall constitute a quorum for its meeting and any resolution thereof shall require the concurring vote of at least 2/3 of those present.
| Article 108 (Working Committee) |
| (1) | The Administrative Consultation and Mediation Committee shall establish a working committee (hereafter referred to as "working committee" in this Article and Articles 109 through 111), the objectives of which are to consult and mediate on agenda items prior to the deliberations and to handle the affairs delegated by the Administrative Consultation and Mediation Committee. |
| (2) | The working committee shall consist of up to nine members, including one chairperson. |
| (3) | The working committee shall be chaired by the Minister of the Office for Government Policy Coordination, and its members shall be the Vice Minister of Economy and Finance, the Vice Minister of the Interior and Safety, the Vice Ministers of central administrative agencies related to agenda items, who are designated by the heads of their agencies, the Vice Minister of Government Legislation, and the administrative Vice Mayors or Vice Governors of the relevant local governments designated by the heads of their local governments. |
| (4) | Matters necessary for the operation of the working committee shall be determined by the chairperson upon the passage of a resolution by the Committee. |
| Article 109 (Executive Secretary) |
| (1) | To handle the affairs of the Administrative Consultation and Mediation Committee and the working committee, one executive secretary and necessary public officials each shall be appointed to the Administrative Consultation and Mediation Committee and the working committee. |
| (2) | The executive secretary of the Administrative Consultation and Mediation Committee shall be a public official in general service of the Senior Executive Service in charge of affairs related to autonomy and decentralization in the Ministry of the Interior and Safety, and the executive secretary of the working committee shall be designated by the chairperson of the working committee from among the Grades III through V public officials of the Ministry of the Interior and Safety. |
| Article 110 (Request for Cooperation to Relevant Agencies) |
If necessary for performing the affairs, the chairpersons of the Administrative Consultation and Mediation Committee and the working committee may have relevant public officials, experts, etc. attend a meeting and state their opinions, or may request that the relevant agencies, organizations, etc. submit materials, opinions, etc.
| Article 111 (Member Dismissal and Operation of Administrative Consultation and Mediation Committee) |
| Article 112 (Report on Cancellation and Suspension of Order or Disposition) |
In any of the following cases, the competent Minister or the head of a local government shall immediately notify or report to the Minister of the Interior and Safety. In such cases, the head of a Si/Gun/autonomous Gu shall report to the Minister of the Interior and Safety through a Mayor/Do Governor:
| 1. | Where the competent Minister or a Mayor/Do Governor has issued a corrective order or has canceled or suspended an order or disposition pursuant to Article 188 (1) of the Act; |
| 2. | Where the competent Minister has issued a corrective order to a Mayor/Do Governor with respect to an order or disposition issued or made by the head of a Si/Gun/autonomous Gu pursuant to Article 188 (2) of the Act; |
| 3. | Where the competent Minister has directly issued a corrective order to the head of a Si/Gun/autonomous Gu or has canceled or suspended an order or disposition pursuant to Article 188 (3) of the Act; |
| 4. | Where the competent Minister has ordered a Mayor/Do Governor to cancel or suspend an order or disposition issued or made by the head of a Si/Gun/autonomous Gu, or the competent Minister has directly canceled or suspended such order or disposition pursuant to Article 188 (4) of the Act; |
| 5. | Where the head of a local government has filed a lawsuit with the Supreme Court, or the Supreme Court has rendered a judgment thereon pursuant to Article 188 (6) of the Act. |
| Article 113 (Notification and Reporting regarding Orders for Execution of Duties) |
In any of the following cases, the competent Minister or the head of a local government shall immediately notify or report to the Minister of the Interior and Safety. In such cases, the head of a Si/Gun/autonomous Gu shall report to the Minister of the Interior and Safety through a Mayor/Do Governor:
| 2. | Where the head of a local government has complied with an execution order issued by the competent Minister or a Mayor/Do Governor pursuant to Article 189 (1) and (4) of the Act; |
| 3. | Where the competent Minister or a Mayor/Do Governor has vicariously executed an order, or has taken necessary administrative or financial measures (hereinafter referred to as "vicarious execution, etc.") pursuant to Article 189 (2) of the Act; |
| 5. | Where the competent Minister directly issues an execution order to the head of a Si/Gun/autonomous Gu or performs vicarious execution, etc. pursuant to Article 189 (4) of the Act; |
| 6. | Where the competent Minister orders a Mayor/Do Governor to perform vicarious execution, etc. or the competent Minister directly performs vicarious execution, etc. pursuant to Article 189 (5) of the Act; |
| 7. | Where the head of a local government has filed a lawsuit with the Supreme Court or has applied for a decision on the suspension of execution, or where the court has rendered a judgment or decision thereon pursuant to Article 189 (6) of the Act. |
| Article 114 (Report on Reconsideration of Resolutions of Local Councils and Filing of Lawsuits) |
In any of the following cases, the head of a local government shall immediately report the details to the Minister of the Interior and Safety and the competent Minister. In such cases, the head of a Si/Gun/autonomous Gu shall report to the Minister of the Interior and Safety through a Mayor/Do Governor:
| 2. | Where the head of a local government files a lawsuit over the matters on which a resolution is passed again, applies for a decision on the suspension of execution, or where the Supreme Court renders a judgment or decision thereon pursuant to Article 120 (3) or 192 (4) of the Act; |
| 3. | Where a Mayor/Do Governor instructs the relevant Si/Gun/autonomous Gu to request that the local council reconsider a resolution passed by the local council or where the local council passes a resolution thereon pursuant to Article 192 (1) and (3) of the Act; |
| 4. | Where a Mayor/Do Governor instructs the head of a Si/Gun/autonomous Gu to file a lawsuit, directly files a lawsuit, or applies for a decision on the suspension of execution, or where the Supreme Court renders a judgment or decision thereon pursuant to Article 192 (5) of the Act; |
| 5. | Where a Mayor/Do Governor directly files a lawsuit with the Supreme Court, applies for a decision on the suspension of execution, or where the Supreme Court renders a judgment or decision thereon pursuant to Article 192 (8) of the Act. |
| Article 115 (Notification by Competent Minister) |
| (1) | In any of the following cases, the competent Minister shall immediately notify the details to the Minister of the Interior and Safety: |
| 2. | Where the competent Minister directly instructs the head of a Si/Gun/autonomous Gu to request reconsideration pursuant to Article 192 (2) of the Act; |
| 3. | Where the competent Minister instructs the head of the relevant local government to file a lawsuit, directly files a lawsuit, or applies for a decision on the suspension of execution, or where the Supreme Court renders a judgment or decision thereon pursuant to Article 192 (5) of the Act; |
| 4. | Where the competent Minister directly files a lawsuit with the Supreme Court or applies for a decision on the suspension of execution, or where the Supreme Court renders a judgment or decision thereon pursuant to Article 192 (8) of the Act. |
| Article 116 (Disclosure of Judgment) |
Where the Supreme Court renders a judgment or decision under subparagraphs 2, 4 and 5 of Article 114, and subparagraphs 3 and 4 of Article 115, the head of the relevant local government shall immediately disclose such fact on the public gazette, bulletin boards, computer networks or daily newspapers.
CHAPTER VIII ADMINISTRATIVE SPECIAL CASES FOR LARGE CITIES
| Article 117 (Coordination of Financial Resources of Autonomous Gus) |
| (2) | A municipal ordinance that prescribes the methods of coordinating financial resources among autonomous Gus shall include the grant ratio, calculation methods, grant period, etc. of grants-in-aid. |
| Article 118 (Criteria for Recognizing Populations of Large Cities and Special Sis with Population of at Least 500,000) |
| (1) | To be eligible for a special case treatment pursuant to Article 198 (1) of the Act, a large city with a population of 500,000 or more shall maintain the number of its residents at 500,000 or more, including the following persons, for two consecutive years as of the end of the preceding year: |
| 1. | A person registered as a resident in the area under the jurisdiction of the relevant local government; |
| (2) | Where a large city with a population of at least 500,000 under paragraph (1) fails to reach an average of 500,000 persons for two consecutive years, calculated by aggregating the number of residents falling under any subparagraph of paragraph (1) as of the end of each quarter in the preceding year, such city shall be excluded from the group of large cities with a population of at least 500,000 starting from the following year. |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to the criteria for recognizing the population of a large city of at least one million under Article 198 (2) 1 of the Act (hereinafter referred to as "special si"). In such cases, "population of 500,000" shall be construed as "population of one million". |
| Article 119 (Criteria for Designating Si/Gun/Gu Eligible for Special Case Treatment) |
A Si/Gun/Gu designated by the Minister of the Interior and Safety pursuant to Article 198 (2) 2 of the Act shall meet any of the following criteria: | 1. | There is a strong natural or social administrative demand, making it imperative to recognize that the relevant Si/Gun/Gu requires a special case treatment; |
| 2. | It is deemed that a special case treatment is required for implementing a development strategy based on the regional conditions of the relevant Si/Gun/Gu, thereby contributing to the development of adjacent Sis/Guns/Gus; |
| 3. | As an area with a shrinking population under the Special Act on Balanced National Development, it is deemed to require a special case treatment, in addition to policies implemented and assistance provided pursuant to that Act and relevant statutes or regulations. |
| Article 120 (Procedures for Designating Si/Gun/Gu Eligible for Special Case Treatment) |
| (1) | The head of a Si/Gun/Gu who intends to obtain designation from the Minister of the Interior and Safety pursuant to Article 198 (2) 2 of the Act shall request that the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor having jurisdiction over the relevant Si/Gun/Gu (hereafter referred to as “Special Metropolitan City Mayor, etc.” in this Article and Article 121) establish a Si/Gun/Gu consultative council on special cases under Article 121 (1) by submitting a written request for establishment prescribed by Ordinance of the Ministry of the Interior and Safety, accompanied by written special cases regarding administrative and financial management and the State’s guidance and supervision, in consideration of the characteristics of the Si/Gun/Gu. In such cases, the head of a Si/Gun/Gu shall obtain a resolution passed by the local council. |
| (2) | The Special Metropolitan City Mayor, etc., in receipt of a request under paragraph (1), shall organize the consultative council on special cases under Article 121 (1) without delay and shall hold consultations within 90 days from the date of receipt of such request. In such cases, the period may be extended only once by up to 30 days where the Special Metropolitan City Mayor, etc. and the head of a Si/Gun/Gu have reached an agreement thereon. |
| (3) | The head of a Si/Gun/Gu shall file an application for designation as a Si/Gun/Gu eligible for a special case treatment, with the Minister of the Interior and Safety, by submitting a written application for designation prescribed by Ordinance of the Ministry of the Interior and Safety, accompanied by the consultation results of the consultative council on special cases referred to in paragraph (2). |
| (4) | Where consultations have failed to produce any result even with the passage of 120 days since a request was made for the organization of a consultative council on special cases, or where the Special Metropolitan City Mayor, etc. fails to organize a consultative council on special cases under Article 121 (1), the head of a Si/Gun/Gu may file an application for designation with the Minister of the Interior and Safety without attaching the consultation results under paragraph (3). |
| (5) | Upon receipt of an application under paragraph (3) or (4), the Minister of the Interior and Safety shall notify the Special Metropolitan City Mayor, etc. having jurisdiction over the relevant Si/Gun/Gu and the head of the relevant central administrative agency of the details of the application without delay. |
| (6) | Upon receipt of an application under paragraph (4), the Minister of the Interior and Safety shall designate the relevant Si/Gun/Gu as a Si/Gun/Gu eligible for a special case treatment, after deliberations and resolutions by the Deliberative Committee on Special Cases for Local Governments established under Article 122 (1). |
| (7) | The Minister of the Interior and Safety shall publicly notify any designation under paragraph (6) and the details of deliberations and resolutions by the Deliberative Committee on Special Cases for Local Governments under Article 122 (1) in the Official Gazette, and shall notify accordingly the head of the relevant Si/Gun/Gu, the Special Metropolitan City Mayor, etc. having jurisdiction over the relevant Si/Gun/Gu, and the head of the relevant central administrative agency. |
| (8) | Where the results of deliberations and resolutions by the Deliberative Committee on Special Cases for Local Governments indicate that measures, such as the amendment, etc. of statutes, regulations or municipal ordinances, are required under Article 122 (1), the Minister of the Interior and Safety shall recommend that the head of the relevant central administrative agency or the head of the local government take necessary measures. |
| (9) | The head of the relevant central administrative agency or the head of a local government, in receipt of a recommendation under paragraph (8), shall endeavor to implement such recommendation, and where it is impracticable to implement it, he or she shall notify the Minister of the Interior and Safety of the reasons therefor. |
| (10) | The Minister of the Interior and Safety may revoke the designation under paragraph (6) after deliberations and resolutions by the Deliberative Committee on Special Cases for Local Governments under Article 122 (1), in any of the following cases: |
| 1. | Where the head of the relevant Si/Gun/Gu applies for the revocation of designation; |
| 2. | Where the criteria for designation under Article 119 are deemed no longer met; |
| 3. | Other cases in which it becomes impracticable to achieve the purpose of designating special cases due to circumstantial changes unexpected at the time o f such designation, as deemed necessary by the Minister of the Interior and Safety. |
| (11) | Where the Minister of the Interior and Safety designates a Si/Gun/Gu pursuant to paragraph (6), the Minister shall verify whether paragraph (10) 2 applies, after deliberations and resolutions by the Deliberative Committee on Special Cases for Local Governments under Article 122 (1) every five years from the date such designation is publicly notified in the Official Gazette. |
| (12) | Paragraphs (1) through (9) shall apply mutatis mutandis to the procedures for the revocation of designation under paragraph (6). |
| (13) | Except as provided in paragraphs (1) through (12), details regarding procedures for designating a Si/Gun/Gu eligible for a special case treatment shall be determined by the Minister of the Interior and Safety. |
| Article 121 (Organization and Operation of Consultative Council on Special Cases) |
| (1) | A consultative council on special cases (hereafter referred to as “consultative council on special cases” in this Article) shall be established under the jurisdiction of the Special City Mayor, etc. to enable relevant local governments to hold free consultations regarding whether any Si/Gun/Gu applies for designation as a special case. |
| (2) | The consultative council on special cases shall consist of up to 15 members, including one chairperson. |
| (3) | The Special Metropolitan City Mayor, etc. shall appoint or commission the following persons in equal numbers as members of the consultative council on special cases: |
| 1. | Public officials of the Special Metropolitan City, Metropolitan Cities, or Dos; |
| 2. | Public officials of Sis/Guns/Gus; |
| 3. | Persons with extensive academic knowledge of and experience in local autonomy, recommended by the Special Metropolitan City Mayor, etc.; |
| 4. | Other persons with extensive academic knowledge of and experience in local autonomy, recommended by the heads of Sis/Guns/Gus. |
| (4) | The chairperson of the consultative council on special cases shall be elected from among and by its members under paragraph (3) 4. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the organization and operation of the consultative council on special cases shall be determined through consultations between the Special Metropolitan City Mayor, etc. and the heads of Sis/Guns/Gus. |
| Article 122 (Organization and Operation of Deliberative Committee on Special Cases for Local Governments) |
| (1) | In order to deliberate on the following matters, a Deliberative Committee on Special Cases for Local Governments shall be established under the jurisdiction of the Minister of the Interior and Safety (hereafter in this Article, and Articles 123 and 124 referred to as the "Deliberative Committee on Special Cases"): |
| 1. | Whether the criteria for designation under the subparagraphs of Article 119 are met; |
| 2. | Whether the details of a special case requested by the head of a Si/Gun/Gu under Article 120 (1) are realistic and in sync with the basic national policies; |
| 3. | Other matters regarding the designation of a Si/Gun/Gu eligible for a special case treatment, which are deemed necessary by the chairperson of the Deliberative Committee on Special Cases (hereafter in this Article, and Articles 123 and 124 referred to as "chairperson” ) or the Minister of the Interior and Safety. |
| (2) | The Deliberative Committee on Special Cases shall consist of up to 15 members, including two chairpersons. |
| (3) | The Minister of the Interior and Safety and a person designated by the Prime Minister from among members under paragraph (4) 3 shall be the co-chairpersons. |
| (4) | The following persons shall become members of the Deliberative Committee on Special Cases. In such cases, the number of members under subparagraph 2 shall be four: |
| 1. | The Vice Minister of Economy and Finance, the Vice Minister of Education, the Vice Minister of the Office for Government Policy Coordination and the Vice Minister of Government Legislation; where an agency has at least two Vice Ministers, the Vice Minister designated by the head of the relevant agency shall be appointed; |
| 2. | Persons commissioned by the Prime Minister from among those recommended by representatives of consultative bodies, such as the heads of local governments under Article 182 of the Act; |
| 3. | Persons recommended by the Minister of the Interior and Safety and commissioned by the Prime Minister from among those with extensive knowledge of and experience in local autonomy. |
| (5) | One executive secretary shall be appointed to assist in the affairs of the Deliberative Committee on Special Cases, and the post shall be filled by a member in general service of the Senior Executive Service who is in charge of autonomy and decentralization in the Ministry of the Interior and Safety. |
| (6) | The members commissioned under paragraph (4) 2 and 3 shall hold office for a term of two years and may be commissioned consecutively for further terms. |
| (7) | The term of office of a member who is newly commissioned following the resignation of a commissioned member, etc. shall be the remainder of the term of office of his or her predecessor. |
| Article 123 (Meetings of Deliberative Committee on Special Cases) |
| (1) | Each chairperson shall convene meetings of the Deliberative Committee on Special Cases, and jointly preside over the meetings. |
| (2) | A majority of the members of the Deliberative Committee on Special Cases shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (3) | Except as provided in Articles 122 and 123, matters necessary for the operation of the Deliberative Committee on Special Cases shall be determined by the chairpersons upon the passage of a resolution by the Deliberative Committee on Special Cases. |
| Article 124 (Organization of Working Committee of Deliberative Committee on Special Cases) |
| (1) | The Deliberative Committee on Special Cases shall have a working committee (hereafter referred to as "working committee” in this Article) to examine matters to be deliberated and resolved on before deliberations. |
| (2) | The working committee shall consist of up to seven members, including one chairperson, and the chairperson shall be the Vice Minister of the Interior and Safety. |
| (3) | Members of the working committee shall be public officials designated by the head of the relevant agency from among members of the Senior Executive Service in the Ministry of Economy and Finance, the Ministry of Education, the Ministry of the Interior and Safety, the Office for Government Policy Coordination, and the Ministry of Government Legislation. |
| (4) | One executive secretary shall be appointed to assist in the affairs of the working committee and shall be designated by the chairperson of the working committee from among Grade III or IV public officials of the Ministry of the Interior and Safety. |
| (5) | The chairperson of the working committee may request that relevant public officials, experts, etc. attend a meeting of the working committee or submit materials and their opinions, if necessary for performing his or her duties. |
| (6) | If necessary in the course of examining matters to be deliberated and resolved on by the Deliberative Committee on Special Cases in advance, the chairperson of the working committee may request that the head of a Si/Gun/Gu who has applied for a special case treatment supplement and submit materials. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the operation of the working committee shall be determined by the chairperson upon the passage of a resolution by the Deliberative Committee on Special Cases. |
| Article 125 (Public Announcement of Large City and Special Si with Population of at Least 500,000) |
The Minister of the Interior and Safety shall publish a large city and a special Si with a population of at least 500,000 under Article 118 in the Official Gazette by February 1 each year.
| Article 126 (Important Matters to Be Resolved on at Council of Special-Purpose Local Governments) |
| 1. | Enactment, amendment and repeal of municipal ordinances; |
| 2. | Deliberation on and finalization of budgets; |
| 3. | Approval of the settlement of accounts; |
| 4. | Other important matters regarding the operation of a special-purpose local government, which are prescribed by rule. |
| Article 127 (Notification of Status of Handling Affairs) |
Pursuant to Article 207 of the Act, the head of a special-purpose local government shall notify the heads of the constituent local governments and the Minister of the Interior and Safety (including a Mayor/Do Governor, if the special-purpose local government consists only of Sis/Guns/autonomous Gus) of the status of handling the affairs in accordance with a master plan under Article 203 of the Act.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes and Regulations)
Where the provisions of the former Enforcement Decree of the Local Autonomy Act have been cited by other statutes and regulations at the time this Act enters into force, if the provisions corresponding thereto exist in this Decree, this Decree shall be deemed to have been cited in lieu of the former provisions thereof.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21075, Oct. 8, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 33 (1) 3 shall take effect from the time when the criteria for the payment of monthly allowances payable to the members of a local council are determined since January 1, 2009. Article 3 (Special Cases concerning Deadlines for Determining Expenses, such as Monthly Allowances)
Notwithstanding the provisions of Article 34 (5), the deadline by which expenses, such as monthly allowances that will be paid to the members of local councils starting January 1, 2009, are to be determined shall be November 30, 2008. Article 4 (Transitional Measures concerning Commissioning Members of Deliberative Council and Formation of Deliberative Council)
Where a member of a deliberative council is commissioned or a deliberative council is formed under the former provisions at the time this Decree enters into force, such member and deliberative council shall be deemed to have been commissioned or formed under the amended provisions of this Decree.
Article 5 (Transitional Measures concerning Existing Municipal Ordinances)
Where the standard amount of monthly allowance in accordance with the existing municipal ordinances of a local government in which the standard amount of monthly allowance to be paid starting January 1, 2009 is included, falls within the scope of the standard amount of monthly allowance under this Decree, the monthly allowance may be paid in accordance with the relevant municipal ordinances, notwithstanding the amended provisions of Article 34.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21680, Aug. 13, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 2, 2009.
Article 2 (Transitional Measure concerning Publication of Total Number of Residents)
The head of a local government shall publish the total number of residents aged 19 years or older calculated pursuant to the amended provisions of Article 15 of the Act within ten days after this Decree enters into force. Article 3 (Transitional Measure concerning Advisory Organizations)
Advisory organizations which have been established and operated at the time this Decree enters into force shall be deemed to have been established in accordance with this Decree: Provided, That the advisory organizations shall meet the amended provisions of Articles 80, 80-2, and 80-3 within one year after this Decree enters into force.
ADDENDUM <Presidential Decree No. 22219, Jun. 28, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 22439, Oct. 13, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 22468, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 23222, Oct. 14, 2011>
This Decree shall enter into force on October 15, 2011: Provided, That the amended provisions of Articles 6 and 13 (4) shall enter into force on July 1, 2012.
ADDENDUM <Presidential Decree No. 23900, Jun. 29, 2012>
This Decree shall enter into force on July 1, 2012: Provided, That the amended provisions of Article 117 shall enter into force on January 1, 2013.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of the Presidential Decree to be amended pursuant to Article 6 of the Addenda to the Local Autonomy Act, which was promulgated before this Decree enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of respective Presidential Decree. Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 24859, Nov. 20, 2013>
This Decree shall enter into force on December 12, 2013.
ADDENDA <Presidential Decree No. 25367, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions from the part other than the subparagraphs of Article 33 (1), the former part of Article 34 (5), and the proviso to Article 34 (6) shall enter into force on July 1, 2014. Article 2 (Applicability to Skipping Procedures for Collecting Opinions)
The amended provisions of the proviso to Article 34 (6) shall take effect from the time when the Deliberative Council determines monthly allowance after July 1, 2014.
ADDENDA <Presidential Decree No. 25441, Jul. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2014.
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 25621, Sep. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 25, 2014.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of the Presidential Decree to be amended pursuant to Article 5 of the Addenda to the Enforcement Decree of the Local Autonomy Act, which was promulgated before this Decree enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of respective Presidential Decree. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25869, Dec. 23, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Upward Adjustment of Classes of Deputy Mayor or Deputy head of Si/Gun/Gu)
Notwithstanding the amended provisions of Article 73 (7) 1 and 2, the previous provisions shall apply to a deputy Mayor or deputy head of a Si/Gun/Gu appointed before this Decree enters into force, until a deputy Mayor or deputy head of a Si/Gun/Gu is appointed in accordance with the criteria of classes under this Decree.
ADDENDA <Presidential Decree No. 26882, Jan. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 54 (1) and 84 shall enter into force on January 1, 2017. Article 2 (Transitional Measure concerning Preparation of Roster of Applicants for Bills of Enactment, Revision or Abolition of Municipal Ordinance under Progress)
Notwithstanding the amended provisions of Article 14 (1) 2 (including cases to which Article 20 (1) shall apply mutatis mutandis), the previous provisions shall apply to a person who already signed the roster of applicants for a bill of enactment, revision, or abolition of a municipal ordinance or for inspection, which is being prepared as at the time this Decree enters into force. Article 3 (Transitional Measure concerning Measures to Protect Resident Registration Number)
Where some rosters of applicants prepared before this Decree enters into force which contain resident registration numbers, report numbers of the place of residence or alien registration numbers or their copies are to be offered for perusal, necessary measures shall be taken to prevent the resident registration numbers, etc. from being exposed, in accordance with the previous Article 16 (2) (including cases to which Article 20 (1) shall apply mutatis mutandis).
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27056, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of the Presidential Decree to be amended pursuant to Article 8 of the Addenda to the Enforcement Decree of the Local Autonomy Act, which was promulgated before this Decree enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of respective Presidential Decree. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28576, Jan. 9, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29261, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Criteria for Payment of Monthly Allowances)
The amended provisions of Article 33 (1) 3 shall apply, beginning with cases where the criteria for the payment of monthly allowances to be paid to local council members from January 1, 2019 are determined. Article 3 (Special Cases concerning Time for Determining Monthly Allowances)
Notwithstanding Article 34 (5), the Deliberation Committee on Parliamentary Expenses in the year to which the enforcement date of this Decree belongs may determine the amounts under Article 33 (1) by December 31, 2018.
ADDENDA <Presidential Decree No. 29609, Mar. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10-2 and Article 4 of the Addenda shall enter into force on July 1, 2019. Article 2 (Applicability to Prior Consultation about Autonomy and Decentralization)
Article 3 (Applicability to Publication of Results of Inspection)
The amended provisions of Article 22 shall apply, beginning with cases where an inspection is completed after this Decree enters into force. Article 4 Omitted.
ADDENDA <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022: Provided, That the amended provisions of Article 14, the proviso, with the exception of the subparagraphs, of Article 15 (1), Article 15 (4) and the proviso of Article 16 (1) shall enter into force on July 1, 2023. Article 2 (Applicability to Residents’ Request for Inspection through Digital Signature)
The amended provisions of Article 14, the proviso, with the exception of the subparagraphs, of Article 15 (1), Article 15 (4), and the proviso of Article 16 (1) shall begin to apply where the representative of petitioners who request inspection after the enforcement date prescribed in the proviso of Article 1 of the Addenda files an application for the use of the information systems with the competent Minister or a Mayor/Do Governor pursuant to the amended provisions of Article 14 (2). Article 3 (Transitional Measures concerning Payment of Travel Expenses to Local Council Members)
Notwithstanding the amended provisions of Article 33 (1) 3 and attached Table 6, the previous provisions of Article 33 (1) 2 and attached Table 5 shall apply to the criteria for the payment of travel expenses where a local council member travels on official duty before this Decree enters into force. Article 4 (Transitional Measures concerning Head of Tong Previously Appointed)
The head of a Tong appointed as prescribed by ordinance of a local government before this Decree enters into force shall be deemed appointed pursuant to the amended provisions of Article 81 (2). Article 5 Omitted.
Article 6 (Relationship to Other Statutes or Regulations)
A citation of the provisions of the previous Enforcement Decree of the Local Autonomy Act as at the time this Decree enters into force shall be deemed a citation of the corresponding provisions of this Decree in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDA <Presidential Decree No. 32294, Dec. 31, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2022. (Proviso Omitted.)
Articles 2 through 6 Omitted.