CHAPTER I GENERAL PRINCIPLES
SECTION 1 General Provisions
The purpose of this Act is to promote democracy and efficiency of local autonomous administration and to ensure balanced development of local areas and democratic development of the Republic of Korea, by prescribing the types, organization, and operation of local governments; matters relating to residents' participation in local autonomous administration; and basic relations between the State and local governments.
| Article 2 (Categories of Local Governments) |
| (1) | Local governments shall be classified into the following two categories: |
| 1. | The Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province; |
| (2) | A Gu that is a local government (hereinafter referred to as "autonomous Gu") means only a Gu within the jurisdiction of a Special Metropolitan City or a Metropolitan City, and the scope of the autonomous authority of an autonomous Gu may be determined differently from that of a Si/Gun as prescribed by statutes or regulations. |
| (3) | In addition to the local governments under paragraph (1), special local governments may be separately established, if necessary, to achieve specific purposes. In such cases, the establishment of a special-purpose local government and other relevant matters shall be prescribed in Chapter XII. |
| Article 3 (Juristic Personality and Jurisdiction of Local Governments) |
| (1) | A local government shall be a juristic person. |
| (2) | The Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, and the Special Self-Governing Province (hereinafter referred to as "Cities/Dos") shall be under the direct control of the Government; a Si shall fall within the jurisdiction of a Do; a Gun shall fall within the jurisdiction of a Metropolitan City or a Do; and an autonomous Gu shall fall within the jurisdiction of the Special Metropolitan City or a Metropolitan City. |
| (3) | A Si with a population of at least 500,000 that is not the Special Metropolitan City, a Metropolitan City, or a Special Self-Governing City may have a Gu that is not an autonomous Gu; a Gun shall have Eups and Myeons; a Si or Gu (including an autonomous Gu) shall have Dongs; and an Eup or Myeon shall have Ris. |
| (4) | A Si established under Article 10 (2) shall have Dongs in an area in an urban form, and Eups/Myeons, in the other areas, but if any Gu that is not an autonomous Gu is established, such Gu may have Eups/Myeons/Dongs. |
| (5) | Matters relating to the subordinate administrative agencies of Special Self-Governing Cities and Special Self-Governing Provinces shall be prescribed separately by statute. |
| Article 4 (Special Cases concerning Types of Organizations of Local Government) |
| (1) | Notwithstanding the provisions of this Act concerning the councils of local governments (hereinafter referred to as "local councils") and executive agencies thereof, the types of organization of local governments, including the method of appointment of the heads of local governments, may be differently prescribed by other statutes. |
| (2) | Where the council and executive agencies of a local government are to be organized otherwise pursuant to paragraph (1), such shall be subject to residents' voting under the Residents' Voting Act. |
SECTION 2 Jurisdiction of Local Governments
| Article 5 (Names and Jurisdictions of Local Governments) |
| (1) | The names and jurisdictions of local governments shall remain unchanged, but any change to such names and jurisdictions or any abolition, establishment, or division of a local government, or consolidation of local governments shall be prescribed by statute. |
| (2) | Notwithstanding paragraph (1), with regard to the change of jurisdictions of local governments, a change to the boundaries of the jurisdictions of local governments (hereinafter referred to as "boundary change") and change in the names in Chinese characters of local governments shall be prescribed by Presidential Decree. In such cases, boundary change shall be governed by the relevant procedures provided for in Article 6. |
| (3) | In any of the following cases, the opinions of the relevant local council shall be heard: Provided, That this shall not apply where there has been residents’ voting under Article 8 of the Residents’ Voting Act: |
| 1. | Where a local government is abolished, established, divided, or consolidated; |
| 2. | Where the jurisdiction of a local government is changed (excluding its boundary change); |
| 3. | Where the name of a local government is changed (excluding a change in Chinese characters of a local government). |
| (4) | Notwithstanding paragraphs (1) and (2), a local government to which any of the following regions belongs shall be determined by the Minister of the Interior and Safety in accordance with paragraphs (5) through (8): |
| (5) | In cases falling under paragraph (4) 1, the reclamation licensing authority referred to in Article 28 of the Public Waters Management and Reclamation Act (hereafter in this Article referred to as the "licensing authority") or the head of a relevant local government shall file an application with the Minister of the Interior and Safety for a decision on a local government to which a relevant area will belong, specifying such matters as the location of the relevant area and the local government (including one or more local governments) to which the relevant area is expected to belong, prior to the inspection on completion under Article 45 of that Act; and in cases falling under paragraph (4) 2, the competent cadastral authority defined in subparagraph 18 of Article 2 of the Act on the Establishment and Management of Spatial Data (hereafter in this Article referred to as the "competent cadastral authority") shall do so, prior to the registration with the cadastral records. In such cases, a person who has been granted a reclamation license for a reclaimed land under paragraph (4) 1 may demand that the licensing authority file an application for a decision on a local government to which the relevant reclaimed land will belong. |
| (6) | Upon receipt of an application under paragraph (5), the Minister of the Interior and Safety shall have such fact widely known, without delay, by publishing it in the Official Gazette, posting it on the Internet website, or any other means for at least 20 days. In such cases, Articles 42, 44, and 45 of the Administrative Procedures Act shall apply mutatis mutandis to the methods of publicizing, submission of opinions, etc. |
| (7) | Where the period specified in paragraph (6) expires, the Minister of the Interior and Safety shall make a decision as prescribed in the following subparagraphs, and notify the results to the licensing agency, the competent cadastral authority, the head of the relevant local government, etc. and publicly announce them: |
| 1. | Where an objection is raised against the details of an application filed within the period specified in paragraph (6): Local governments to which the areas referred to in the subparagraphs of paragraph (4) will belong shall be determined following the deliberation and decision by the Central Dispute Mediation Committee for Local Governments prescribed in Article 166 (hereafter referred to as the "Committee" in this Article and Article 6); |
| 2. | Where no objection is raised against the details of an application filed within the period specified in paragraph (6): Local governments to which the areas referred to in the subparagraphs of paragraph (4) will belong shall be determined in accordance with the details of the application without any deliberation and decision by the Committee. |
| (8) | The chairperson of the Committee may require public officials of relevant central administrative agencies and local governments or relevant experts to attend the deliberation and hear their opinions, or request relevant institutions or organizations to submit data and present opinions, etc., if deemed necessary, during the deliberation process under paragraph (7) 1. In such cases, the head of the relevant local government shall be offered an opportunity to state his or her opinions. |
| (9) | Where any of the heads of the relevant local governments has an objection to the decision of the Minister of the Interior and Safety under paragraphs (4) through (7), he or she may file a lawsuit with the Supreme Court within 15 days from the date he or she is notified of such result. |
| (10) | Where the Supreme Court renders a decision of upholding as a result of a lawsuit under paragraph (9), the Minister of the Interior and Safety shall make a decision again according to the purpose of the Supreme Court's decision. |
| (11) | Notwithstanding Article 165 (1) through (3), where it is necessary to adjust the expenses for creating and managing reclaimed land that are to be borne mutually by related Sis/Guns/autonomous Gus located in the same City or Do upon deliberation by the committee under paragraph (7) 1 with regard to a decision on a local government to which an area referred to in any of the subparagraphs of paragraph (4) will belong, the Minister of the Interior and Safety may make adjustments following deliberation and resolution by the committee, upon application by any of the parties or ex officio. In such cases, Article 165 (4) through (7) shall apply to the notification of the adjustment results and the implementation of the matters determined upon adjustment. |
| Article 6 (Boundary Changes for Jurisdictions of Local Governments) |
| (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, the head of a local government may file with the Minister of the Interior and Safety an application for adjustment for boundary change, specifying the area requiring such boundary change and other relevant matters. In such cases, the head of the local government shall obtain the attendance of a majority of the incumbent members of the local council and the consent of at least 2/3 of those present at the meeting. |
| (2) | The head of the relevant central administrative agency or the implementer of a development project, etc. extending over at least two local government areas may request the heads of the relevant local governments to file an application for adjustment for boundary change under paragraph (1), as prescribed by Presidential Decree. |
| (3) | Upon receipt of an application for adjustment for boundary change filed under paragraph (1), the Minister of the Interior and Safety shall notify the heads of the relevant local governments of the details of such application, without delay, and shall make such application widely known to the public by publishing it in the Official Gazette or on the website for at least 20 days. In such cases, Articles 42, 44, and 45 of the Administrative Procedures Act shall apply mutatis mutandis to the methods of notification, submission of opinions, etc. |
| (4) | The Minister of the Interior and Safety shall request the heads of the relevant local governments to organize and operate a voluntary consultative body for boundary change (hereafter in this Article referred to as the "consultative body"), as prescribed by Presidential Decree, to ensure that the parties, including the relevant local governments, can efficiently consult on matters relating to the boundary change, without delay, after the period specified in paragraph (3) has passed, as prescribed by Presidential Decree. |
| (5) | Upon receipt of a request to organize and operate a consultative body under paragraph (4), the relevant local governments shall organize the consultative body without delay and consult on whether to change such relevant boundary, subject matters thereof, etc. within 120 days from the date of receiving such request from the Minister of the Interior and Safety in accordance with that paragraph: Provided, That the period may be extended by up to 30 days in unavoidable circumstances prescribed by Presidential Decree. |
| (6) | The heads of the local governments that have organized a consultative body pursuant to paragraph (5) shall notify the Minister of the Interior and Safety of the results of consultation held by the consultative body within the period for consultation under that paragraph. |
| (7) | In any of the following cases, the Minister of the Interior and Safety may make adjustment for such boundary change through deliberation and decision thereon by the Committee: |
| 1. | Where the relevant local governments fail to organize a consultative body within 120 days from the date they receive such request from the Minister of the Interior and Safety under paragraph (4); |
| 2. | Where the relevant local governments fail to reach an agreement on whether to change the boundary, subject matters thereof, etc. within the period of consultation specified in paragraph (5). |
| (8) | When deliberating on matters relating to boundary change pursuant to paragraph (7), the Committee shall seek opinions from the relevant local council; and Article 5 (8) shall apply mutatis mutandis to the hearing of opinions from relevant experts and the heads of local governments. |
| (9) | In any of the following cases, the Minister of the Interior and Safety shall examine the details thereof without delay and formulate a draft Presidential Decree concerning boundary change, which reflects such details: |
| 1. | Where the relevant local governments agree to change boundaries as a result of consultation with the consultative body under paragraph (5) and the heads of the relevant local governments notify the details thereof respectively under paragraph (6); |
| 2. | Where the Committee resolves that a boundary change is necessary as a result of deliberation under paragraph (7). |
| (10) | When the Committee deliberates on the adjustment of boundary change under paragraph (7), where the Minister of the Interior and Safety deems it necessary to make adjustments to the bearing of expenses and other financial matters, etc. related to the boundary change between the relevant Sis/Guns/autonomous Gus in the same City/Do, he/she may adjust such matters according to deliberation and decision by the Committee upon application by the parties or ex officio, notwithstanding Article 165 (1) through (3). In such cases, Article 165 (4) through (7) shall apply to the notification of the results of such adjustment and the implementation of the matters determined upon adjustment. |
| Article 7 (Names and Jurisdictions of Non-Autonomous Gus, Eups, Myeons, and Dongs) |
| (1) | The names and jurisdictions of non-autonomous Gus, Eups, Myeons, and Dongs shall remain unchanged, and any abolitions, establishments, divisions, or consolidations thereof shall be prescribed by ordinance of the relevant local government after obtaining approval from the Minister of the Interior and Safety: Provided, That the change of names and jurisdictions shall be prescribed by ordinance of the relevant local government, and the results of such change shall be reported to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor. |
| (2) | The jurisdictions of Ris shall be based on naturally-established villages, and the names and jurisdictions thereof shall remain unchanged, and any change of names and jurisdictions or any abolitions, establishments, divisions, or consolidations of Ris shall be prescribed by ordinance of the relevant local government. |
| (3) | If necessary due to changes in administrative circumstances, such as population decline, a Myeon for administrative purposes (hereinafter referred to as "administrative Myeon") may be separately operated, whereby two or more Myeons are operated as a single Myeon or otherwise, in accordance with ordinance of the relevant local government. |
| (4) | In the case of Dongs or Ris, a Dong or Ri for administrative purposes (hereinafter respectively referred to as "administrative Dong" and "administrative Ri") may be separately operated, whereby one Dong or Ri is operated as two or more Dongs or Ris, or two or more Dongs or Ris are operated as one Dong or Ri, in accordance with ordinance of the relevant local government, for administration efficiency and residents’ convenience. <Amended on Apr. 20, 2021> |
| (5) | A subordinate organization, such as a Tong, may be established under an administrative Dong as prescribed by ordinance of the relevant local government. <Amended on Apr. 20, 2021> |
| (6) | A subordinate organization may be established under an administrative Ri as prescribed by ordinance of the relevant local government. <Newly Inserted on Apr. 20, 2021> |
| Article 8 (Succession to Affairs and Property upon Change of Jurisdictions or Abolishment, Establishment, Division or Consolidation of Local Governments) |
| (1) | When making changes to the jurisdiction of a local government, or abolishing, establishing, or dividing a local government, or consolidating local governments, the local government that newly acquires jurisdiction over the area shall succeed to its affairs and property. |
| (2) | In cases falling under paragraph (1), where it is impractical to separate the affairs and property of local governments based on area, the Minister of the Interior and Safety in the case of Cities/Dos, and the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors") in the case of Sis/Guns/autonomous Gus shall determine the boundary of the affairs and property and the local government to succeed to the affairs and property. |
| Article 9 (Location of Office) |
| (1) | The location of the offices of local governments, those of non-autonomous Gus, and those of Eups/Myeons/Dongs shall remain unchanged, and any change or new establishment thereof shall be prescribed by ordinances of the relevant local governments. In such cases, Myeons and Dongs refer to administrative Myeons and administrative Dongs, respectively. |
| (2) | An affirmative vote of a majority of the incumbent members of the relevant local council is required for prescribing the matters referred to in paragraph (1) by municipal ordinances. |
| Article 10 (Standards for Establishment of Si/Eup) |
| (1) | A Si shall be in an urban form in most parts and shall have a population of at least 50,000. |
| (2) | An area falling under any of the following may become a Si in an urban and rural complex form: |
| 1. | An area established by integrating a Si under paragraph (1) and Guns; |
| 2. | A Gun that has an area in an urban form with a population of at least 50,000; |
| 3. | A Gun with a population of at least 50,000 in two or more areas in an urban form with a respective population of at least 20,000. In such cases, the population of the Gun shall be at least 150,000 and shall meet the requirements prescribed by Presidential Decree; |
| 4. | An area in which a city has been formed as a result of State policies and a branch office of a Do has been established under Article 128, and whose population is at least 30,000, and which is part of a Si in an urban and rural complex form with a population of at least 150,000. |
| (3) | An Eup shall take an urban form in most parts thereof and shall have a population of at least 20,000: Provided, That an Eup with a population of less than 20,000 may also become an Eup if it falls under any of the following: |
| 1. | A Myeon which is located in the seat of the Gun office; |
| 2. | One Myeon from the Myeons of a Si in an urban and rural complex form without any Eup. |
| (4) | Detailed standards for the establishment of a Si/Eup shall be prescribed by Presidential Decree. |
SECTION 3 Functions and Affairs of Local Governments
| Article 11 (Basic Principles for Allocation of Affairs) |
| (1) | The State shall ensure that their affairs allocated to the State and each local government do not overlap with one another between the State and local governments as well as among local governments, so that local governments are able to execute such affairs comprehensively and autonomously, taking into consideration the enhancement of residents' benefits, effects of execution, etc. |
| (2) | In allocating its affairs under paragraph (1), the State shall in principle allocate the affairs that are closely related to the life of local residents to each Si/Gun/autonomous Gu (hereinafter referred to as "Si/Gun/Gu"), the affairs that each Si/Gun/Gu is hardly capable of conducting to each City/Do, and the affairs that each City/Do is hardly capable of conducting to the State, respectively. |
| (3) | When the State allocates its affairs to local governments or when a local government re-allocates its administrative affairs to other local governments, the State or such local government shall ensure that related affairs are allocated inclusively so that each local government to whom such affairs are allocated or re-allocated can handle the affairs comprehensively under its own responsibility. |
| Article 12 (Basic Principles for Conducting Affairs) |
| (1) | Local governments shall strive to promote the convenience and welfare of residents in conducting affairs. |
| (2) | Local governments shall rationalize their organization and management, and optimize their size. |
| (3) | No local government shall perform its affairs in violation of any statute or regulation, and no Si/Gun/autonomous Gus shall perform its affairs in violation of any ordinance of a City/Do having jurisdiction over such Si/Gun/autonomous Gu. |
| Article 13 (Scope of Affairs of Local Governments) |
| (1) | A local government shall conduct autonomous affairs of its jurisdiction and the affairs entrusted under statutes or regulations. |
| (2) | Examples of the affairs of a local government under paragraph (1) shall be as follows: Provided, That this shall not apply if it is otherwise prescribed by other statutes: |
| 1. | Jurisdiction, organization, administrative management, etc. of the local government: |
| (a) | Adjustment of the names, locations, and jurisdictions of administrative districts within its jurisdiction; |
| (b) | Enactment, amendment, repeal of municipal ordinances and rules, and operation and management thereof; |
| (c) | Management of the organization of subordinate administrative agencies; |
| (d) | Guidance on and supervision of subordinate administrative agencies and organizations; |
| (e) | Management of personnel matters, welfare, and education of its public officials; |
| (f) | Imposition and collection of local taxes and revenues other than local taxes; |
| (g) | Formulation and execution of budget, audit of accounting, and management of property; |
| (h) | Management of administrative equipment, computerization of administration, and improvement of administrative management; |
| (i) | Management of public property; |
| (j) | Management of resident registration; |
| (k) | Preparation of various kinds of surveys and statistics needed for the local government; |
| 2. | Promotion of welfare of residents: |
| (a) | Projects concerning the welfare of residents; |
| (b) | Installation, operation, and management of facilities for social welfare; |
| (c) | Protection of and support for persons living in poverty; |
| (d) | Protection of senior citizens, children, persons with disabilities, youths and women, and promotion of their welfare; |
| (e) | Establishment and operation of public health and medical institutions; |
| (f) | Prevention of infectious or other diseases, and response thereto; |
| (g) | Operation and management of cemeteries, crematoriums, and charnel houses; |
| (h) | Guidance for the improvement of sanitary conditions of hospitality business places; |
| (i) | Collection and disposal of sewage and garbage; |
| (j) | Establishment and operation of local public enterprises; |
| 3. | Promotion of industries including agriculture, forestry, commerce, industry, etc.: |
| (a) | Installation and management of agricultural irrigation facilities, such as marshes, swamps, and reservoirs; |
| (b) | Support for production and distribution of agricultural, forestry, livestock and marine products; |
| (c) | Management of agricultural materials; |
| (d) | Management of and guidance on combined farming; |
| (e) | Fostering of and guidance on profit-making business other than agriculture; |
| (f) | Encouragement of sidelines for farming households; |
| (g) | Management of public forests; |
| (h) | Projects for development of small-scale livestock raising, and for promotion of dairy; |
| (i) | Prevention of livestock epidemics; |
| (j) | Fostering of and support for local industries; |
| (k) | Consumer protection and encouragement of savings; |
| (l) | Support for small and medium enterprises; |
| (m) | Development and fostering of, and support for, specialized regional industries; |
| (n) | Development of good local products and folk art products for tourism; |
| 4. | Local development, conservation of the natural environment, and establishment and management of living environmental facilities: |
| (a) | Projects for local development; |
| (b) | Execution of local civil engineering and construction projects; |
| (c) | Execution of urban/Gun planning projects; |
| (d) | Installation, repair, and maintenance of provincial roads and Si/Gun/Gu roads; |
| (e) | Encouragement of and support for the improvement of residential living environments; |
| (f) | Improvement of rural houses and village structure; |
| (g) | Activities for protection of nature; |
| (h) | Management of local rivers and small rivers; |
| (i) | Installation and management of waterworks and sewerages; |
| (j) | Installation and management of simplified water supply facilities; |
| (k) | Designation and management of Do parks, Metropolitan City parks, Gun parks, Si parks, Gu parks, etc.; |
| (l) | Installation and management of urban parks, park facilities, green areas, amusement parks, etc. and recreational facilities therein; |
| (m) | Installation and management of tourist resorts, tourism complexes, tourist facilities; |
| (n) | Operation of local railway business; |
| (o) | Installation and management of facilities for traffic convenience such as parking lots, traffic signs, etc.; |
| (p) | Establishment and execution of countermeasures against disasters; |
| (q) | Fostering of and support for the local economy; |
| 5. | Promotion of education, sports, culture, and art: |
| (a) | Establishment and operation of, and guidance on, day-care centers, kindergartens, elementary schools, middle schools, high schools, and other kinds of schools equivalent thereto; |
| (b) | Installation and management of public educational, sports and cultural facilities such as libraries, playgrounds, plazas, gymnasiums, museums, performance centers, galleries, and music halls; |
| (c) | Designation, registration, preservation, and management of local cultural heritage; |
| (d) | Promotion of local culture and art; |
| (e) | Fostering of local cultural and art organizations; |
| 6. | Local civil defense and local firefighting: |
| (a) | Formation and operation of, guidance for, and supervision of, local and workplace civil defense organizations (including a volunteer fire brigade); |
| (b) | Fire prevention, alert, extinguishment, investigation, rescue, and first aid for local areas; |
| 7. | International exchange and cooperation: |
| (a) | Attraction of, and support for, international organizations, events, and competitions; |
| (b) | Exchanges and cooperation with foreign local governments. |
| Article 14 (Criteria for Allocation of Affairs of Local Governments by Type) |
| (1) | The following criteria shall apply to the allocation of the affairs of local governments by type: Provided, That the affairs under Article 13 (2) 1 shall be common to all local governments: |
| (a) | Wide-ranging affairs, the handling results of which affect two or more Sis/Guns/autonomous Gus; |
| (b) | Affairs required to be performed based on the same standard for a same City/Do; |
| (c) | Affairs requiring consistency within a same City/Do with local peculiarities kept intact; |
| (d) | Affairs relating to the correspondence, coordination, etc. between the State and Si/Gun/autonomous Gu; |
| (e) | Affairs inappropriate for independent management by the Si/Gun/autonomous Gu; |
| (f) | Affairs relating to the installation and management of facilities of a size deemed reasonable for joint installation by two or more Sis/Guns/autonomous Gus; |
Affairs excluding those to be managed by the City/Do as provided for in subparagraph 1: Provided, That a Si with a population of at least 500,000 persons may be allowed to perform part of the affairs performed by a Do.
| (2) | Affairs of local governments by type based on the criteria for allocation under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | A City/Do and a Si/Gun/autonomous Gu shall make sure that their respective affairs do not overlap with each other in conducting them; and if certain affairs overlap, they shall be conducted by such Si/Gun/autonomous Gu. |
| Article 15 (Restriction on Conduct of State Affairs) |
No local government shall perform the following State affairs: Provided, That this shall not apply if it is otherwise prescribed by other statutes:
| 1. | Affairs necessary for the existence of the nation, such as diplomacy, national defense, administration of justice, national tax; |
| 2. | Affairs requiring performance in a uniform manner throughout the nation, such as price, finance and export and import policies; |
| 3. | Nationwide affairs, such as the coordination of demand and supply, import and export, etc. of agricultural, forestry, livestock and marine products and grains; |
| 4. | Affairs of nationwide or similar scale such as comprehensive national economic development plans, national rivers, State-owned forests, comprehensive national land development plans, designated harbors, national expressways, national roads, and national parks; |
| 5. | Affairs requiring uniformity and coordination of standards throughout the nation, such as labor standards and measurement units; |
| 6. | Affairs of nationwide or similar scale such as postal and railroad services; |
| 7. | Affairs beyond technological and financial capabilities of local governments, such as inspection, testing, research, aviation administration, meteorological administration, and nuclear power development, which require highly advanced technology. |
| Article 16 (Qualifications of Residents) |
Persons who have domicile within the jurisdiction of a local government shall be residents of such local government.
| Article 17 (Rights of Residents) |
| (1) | Residents shall have the right to participate in the process of decision-making and implementing policies of their local governments that have effects on their lives as prescribed by statutes or regulations. |
| (2) | Residents shall have the right to use the property and public facilities of their local governments, and to benefit equally from the administration of their local governments as prescribed by statutes or regulations. |
| (3) | Residents shall have the right to participate in the elections of the members of local councils and the heads of local governments held by such local governments (hereinafter referred to as "local elections") as prescribed by statutes or regulations in the process of decision-making and implementing policies. |
| (1) | The heads of local governments may hold a referendum over major matters, etc. to be decided by the local governments which impose an excessive burden or have a significant effect on the residents. |
| (2) | Issues subject to referendum, proposers, requirements for proposal, and other matters relating to referendum procedures shall be separately prescribed by statute. |
| Article 19 (Request for Enactment, Amendment, or Repeal of Municipal Ordinances) |
| (1) | Residents may request the enactment, amendment, or repeal of any ordinance of their local government. |
| (2) | Persons entitled to request the enactment, amendment, or repeal of municipal ordinances, objects of such request, requirements, procedures, and other relevant matters shall be separately prescribed by statute. |
| Article 20 (Submission of Opinions on Establishment, Amendment, or Repeal of Rules) |
| (1) | Residents may submit their opinions on the enactment, amendment, or repeal of rules (limited to matters directly related to rights and obligations) under Article 29 to the head of the relevant local government. |
| (2) | Matters in violation of any statute, regulation, or municipal ordinance, or those outside of the scope mandated by any statute, regulation, or municipal ordinance, shall be excluded from the subject matter of opinions to be submitted under paragraph (1). |
| (3) | With regard to the opinions submitted under paragraph (1), the head of the local government shall notify the result of his or her review to the resident who has submitted the opinions within 30 days from the date such opinion is submitted. |
| (4) | Methods and procedures for submitting opinions under paragraph (1), and reviewing such opinions and notifying the results of such review under paragraph (3) shall be prescribed by ordinance of the relevant local government. |
| Article 21 (Residents’ Request for Inspection) |
| (1) | Where it is deemed that the conduct of any affairs under the jurisdiction of a local government and its head violates any statute or regulation or substantially undermines the public interest, any of the following residents of the local government who are aged 18 years or older (excluding persons who have no right to vote under Article 18 of the Public Official Election Act; hereafter in this Article referred to as "residents of at least 18 years old") may file a request for inspection under the joint signatures of at least the number of residents of at least 18 years old determined by ordinance of the relevant local government, which shall not exceed 300 persons in the case of a City/Do, 200 persons in the case of a large city with a population of at least 500,000 persons under Article 198, and 150 person in the case of a Si/Gun/autonomous Gu, with the competent Minister in the case of a City/Do or a large city, and with the Mayor/Do Governor in the case of a Si/Gun/autonomous Gu: |
| 1. | A person registered as a resident in the area under the jurisdiction of the relevant local government; |
| 2. | A person registered in the register of aliens of the relevant local government pursuant to Article 34 of the Immigration Act as a foreigner, for whom three years have elapsed since the date of acquisition of the status of permanent residency under Article 10 of that Act. |
| (2) | The following matters shall be excluded from the subject for a request for an inspection: |
| 1. | Matters resulting in involvement in a criminal investigation or trial; |
| 2. | Matters likely to infringe upon a person’s privacy; |
| 3. | Matters that were, or are, under inspection by any other agency: Provided, That this shall not apply where new matters are discovered, or important matters have been omitted in the inspection process, or they become the subject matter of residents’ lawsuit under Article 22 (1) even though such matters have already been inspected by such other agency; |
| 4. | Matters regarding which a lawsuit falling under any subparagraph of Article 22 (2) is pending with the same as subject matter, or the judgment thereon has become final and conclusive. |
| (3) | No request under paragraph (1) shall be filed if three years have elapsed from the date the affairs were handled or the handling thereof was complete. |
| (4) | If residents of at least 18 years old of a local government intends to request an inspection under paragraph (1), they shall select the representative of the petitioners and enter the name of the representative in the roster of the petitioners, and the representative of the petitioners shall prepare a written request for inspection and submit it to the competent Minister or the Mayor/Do Governor. |
| (5) | Upon receipt of a request under paragraph (1), the competent Minister or the Mayor/Do Governor shall publicly announce its details within five days from the receipt of such request, and make the roster of petitioners or its copy available for perusal at an open place for 10 days from the date of such public announcement. |
| (6) | A person who has any objection to the signatures in the roster of petitioners may file an objection with the head of the competent Minister or the Mayor/Do Governor within the period of perusal specified in paragraph (5). |
| (7) | Upon receipt of an objection under paragraph (6), the competent Minister or the Mayor/Do Governor shall examine and decide on the objection within 14 days from the expiration of the period of perusal specified in paragraph (5); and where he or she finds the objection well-grounded, he or she shall revise the roster of petitioners and notify the fact to the person who has filed the objection and the representative of the petitioners selected under paragraph (4); and when he or she finds the objection groundless, he or she shall immediately notify the person thereof. |
| (8) | Where there is no objection referred to in paragraph (6) or where the decision under paragraph (7) is complete for all objections filed pursuant to paragraph (6), the competent Minister or Mayor/Do Governor shall, if the requirements under paragraphs (1) and (3) have been met, accept such request, and if such requirements have not been met, reject such request, and notify the representative of petitioners of the acceptance or rejection. |
| (9) | The competent Minister or the Mayor/Do Governor shall, within 60 days from the date of acceptance of a request for inspection, complete the inspection on the matters for which the request for inspection is filed, and shall notify in writing the representative of petitioners and the head of the relevant local government of the results of the inspection and make publication thereof: Provided, That where there is good cause that makes completion of the inspection within the period impracticable, he or she may extend the period. In such cases, he or she shall notify the representative of petitioners and the head of the relevant local government of such fact in advance and make publication thereof. |
| (10) | Where matters, for which the residents have filed a request for inspection, have already been inspected or are under inspection by any other agency, the competent Minister or the Mayor/Do Governor shall notify, without delay, the representative of petitioners and the relevant agency of the results of inspection performed by such other agency, or the fact that inspection is underway and the fact that the results of inspection are to be notified after completion. |
| (11) | In handling (including rejecting) a request for inspection filed by residents, the competent Minister or the Mayor/Do Governor shall provide the representative of petitioners with an opportunity to submit evidence and state their opinions. |
| (12) | The competent Minister or the Mayor/Do Governor may request the head of the relevant local government to take necessary measures within a prescribed period according to the results of inspection referred to in paragraph (9). In such cases, the head of the local government shall perform them faithfully, and report the result of the measures taken to the local council, and the competent Minister or the Mayor/Do Governor. |
| (13) | The competent Minister or the Mayor/Do Governor shall notify, in writing, the representative of petitioners of the details of the request for measures under paragraph (12) and the results of the measures taken by the head of the competent local government and shall make publication thereof. |
| (14) | Except as provided for in paragraphs (1) through (13), matters regarding requests for inspection filed by residents of at least 18 years old shall be prescribed by Presidential Decree. |
| Article 22 (Residents’ Lawsuit) |
| (1) | Residents who have filed a request for inspection of matters relating to the disbursement of public money; matters relating to the acquisition, management, and disposal of property; matters relating to the conclusion and performance of contracts on trade, lease, and outsourcing or other contracts to which the competent local government is a party; or matters relating to the neglect of imposition and collection of public money, such as local taxes, fees for use, service charges, and administrative fines, may, pursuant to Article 21 (1), file a lawsuit against any unlawful act or the neglect of duties related to the matters for which the request for the inspection has been filed, naming as the opposing party the head of the relevant local government (where he or she has delegated the authority to conduct the relevant matters to the head of an agency under his or her control, the opposing party shall be the head of the agency under his or her jurisdiction; hereafter in this Article the same shall apply) in any of the following cases: |
| 1. | Where the competent Minister or the Mayor/Do Governor fails to complete the inspection within 60 days (where the period for inspection was extended under the proviso of Article 21 (9), it means the date of the expiration of the extended period) from the date the competent Minister or the Mayor/Do Governor accepted the request for inspection; |
| 2. | Where the head of the relevant local government has an objection to the results of inspection performed under Article 21 (9) and (10) or to the demand for taking measures under Article 21 (12); |
| 3. | Where the head of the competent local government fails to comply with the request for measures made by the competent Minister or the Mayor/Do Governor under Article 21 (12); |
| 4. | Where the measures taken by the head of the competent local government in accordance with Article 21 (12) are not complied with. |
| (2) | The lawsuits that the residents may file pursuant to paragraph (1) shall be as follows: |
| 1. | Where the continuance of the relevant act is likely to cause irrecoverable damage, a lawsuit seeking suspension of all or part of the relevant act; |
| 2. | A lawsuit seeking cancelation or modification of the relevant act that is an administrative disposition, or seeking confirmation of validity or invalidity or existence or non-existence of the relevant act; |
| 3. | A lawsuit seeking confirmation of unlawfulness of the relevant fact of neglect; |
| 4. | A lawsuit requesting that a claim for damage compensation or return of unjust enrichment be made against the head and an employee of the competent local government, a member of the relevant local council, and any of the parties related to the relevant conduct: Provided, That where an employee of the local government is required to assume the liability for compensation pursuant to Article 4 of the Act on Liability of Accounting Personnel, it means a lawsuit seeking an order for compensation. |
| (3) | No lawsuit seeking suspension under paragraph (2) 1 shall be filed where the suspension of the relevant act is likely to cause material harm to life or body, or otherwise to significantly undermine public welfare. |
| (4) | The lawsuit under paragraph (2) shall be filed within 90 days from the date the following becomes applicable: |
| 1. | In the case of paragraph (1) 1: The date the relevant 60 days have elapsed (where the inspection period was extended pursuant to the proviso of Article 21 (9), it means the date of expiration of such extended period); |
| 2. | In the case of paragraph (1) 2: The date of receipt of the notice on the result of the relevant inspection or on the details of the relevant request for measures; |
| 3. | In the case of paragraph (1) 3: The date of expiration of the handling period designated when making a request for the relevant measures; |
| 4. | In the case of paragraph (1) 4: The date of receipt of the notice on the result of the measures taken. |
| (5) | When the lawsuit listed in each subparagraph of paragraph (2) is pending, other residents shall not file a separate lawsuit for the same matters. |
| (6) | When the resident who has filed a lawsuit dies or loses the qualifications for a resident under Article 16 while the lawsuit is pending, the legal proceedings shall be suspended. This shall also apply to the case where there is a litigation counsel. |
| (7) | Other residents who have affixed joint signatures on the request for inspection may take over the legal proceedings within six months from the date they became aware of the fact that any of the causes under paragraph (6) has occurred. If the succession procedures are not implemented within such period, the lawsuit shall be closed. |
| (8) | Where the lawsuit has been suspended pursuant to paragraph (6), the court shall notify, without delay, other residents who affixed joint signatures on the request for inspection, of the cause for suspension of the legal proceedings and the method of taking over such proceedings. In such cases, the court may deliver by mail its notice to the addresses stated on the request for inspection, and the residents who affixed joint signatures on the request for inspection shall be deemed to have become aware of the fact that the any of the causes under paragraph (6) occurred at the time the mail is normally expected to arrive. |
| (9) | The lawsuit under paragraph (2) shall be put under the jurisdiction of the administrative court having jurisdiction over the location of the office of the competent local government (in the case of a region in which no administrative court has been established, it refers to the principal court of the district court having jurisdiction over cases belonging to the competence of an administrative court). |
| (10) | The head of the relevant local government shall file with the court a request for a notice of lawsuit to be delivered to a third party, where there is any third party who is likely to suffer infringement of rights or interest depending on the result of a lawsuit filed under paragraph (2) 1 through 3, or to the relevant employees, members of the local council or counter party where a lawsuit under paragraph (2) 4 has been filed. |
| (11) | Where a lawsuit has been filed under paragraph (2) 4, a request for a notice of lawsuit made by the head of the relevant local government shall be deemed the request under subparagraph 1 of Article 168 of the Civil Act concerning interruption of prescription for a claim for damage compensation or return of unjust enrichment concerning the relevant lawsuit. |
| (12) | The interruption of prescription under paragraph (11) shall not take effect unless judicial claims, participation in the bankruptcy proceedings, seizure or provisional seizure, or provisional disposition is made within six months from the date the said lawsuit is complete. |
| (13) | The State, higher-level local government, other residents who have affixed joint signatures on the request for inspection, and the persons who have received a notice of lawsuit under paragraph (10) may participate in the lawsuit pending in the court. |
| (14) | In the lawsuit under paragraph (2), neither party may withdraw the lawsuit, reach a reconciliation, or abandon the claim without permission from the court. |
| (15) | Before granting permission under Article 14, the court shall notify the relevant fact to other residents who have affixed their joint signatures on the request for inspection and shall determine whether to grant permission within one month from the date of notification. In such cases, the latter part of paragraph (8) shall apply mutatis mutandis to the method of notification, etc. |
| (17) | The residents who have filed a lawsuit may request the relevant local government to compensate for the associated legal expenses, such as attorney fees; the travel expenses for proceeding with the procedures for the request for inspection; and other actual expenses, where they have won the lawsuit (including a partial winning). In such cases, the relevant local government shall pay the amount deemed objectively spent for the relevant lawsuit not exceeding the requested amount. |
| Article 23 (Request for Payment of Damages) |
| (1) | When a judgment ordering that a claim for damages or return of unjust enrichment be made in a lawsuit filed under the main clause of Article 22 (2) 4 becomes final and conclusive, the head of the competent local government (if the authority to conduct the relevant affairs has been delegated to the head of an agency under his or her control, he or she refers to the head of such agency; hereafter in this Article the same shall apply) shall make a claim for damages or the return of unjust enrichment determined by the judgment, against the relevant party, within the period of up to 60 days from the date the relevant judgment becomes final and conclusive: Provided, That where the relevant party liable to pay the damages or to return the unjust enrichment is the head of the local government, the chairperson of the relevant local council shall make a claim for that payment. |
| (2) | When the person who has received the claim for payment under paragraph (1) has failed to pay the damages or to return the unjust enrichment within the deadline prescribed in that paragraph, the local government shall file a lawsuit seeking payment of damages or return of the unjust enrichment. In such cases, where the counterparty to the lawsuit is the head of the local government, the chairperson of the relevant local council shall represent the local government. |
| Article 24 (Order for Compensation) |
| (1) | When a judgment ordering that a compensation be made in a lawsuit filed under the proviso of Article 22 (2) 4 becomes final and conclusive, the head of the relevant local government shall order the relevant party to make compensation in the amount as determined by such judgment, within the period of up to 60 days from the date the relevant judgment becomes final and conclusive. |
| (2) | If the person ordered to pay compensation under paragraph (1) has failed to do so within the deadline prescribed in that paragraph, it may be collected in the same manner as delinquent local taxes are collected. <Amended on Oct. 19, 2021> |
| (3) | Where the person ordered to pay compensation under paragraph (1) is dissatisfied with such order, he or she may file an administrative lawsuit: Provided, That he or she may not make a request for administrative appeal pursuant to the Administrative Appeals Act. |
| Article 25 (Recall by Residents) |
| (1) | Residents shall have the right to recall the head of the competent local government and the members of the relevant local council (excluding the proportional representative members of the local council). |
| (2) | Persons entitled to request the vote for recall by residents, requirements for such request, voting procedures, validity of the vote, etc. shall be separately prescribed by statute. |
| Article 26 (Disclosure of Information to Residents) |
| (1) | Each local government shall disclose to residents information on local autonomy, such as legislative activities of the local council, the organization of executive agencies, and financial resources (hereinafter referred to as "information on local autonomy"), as prescribed by the Official Information Disclosure Act, in order to improve transparency in conducting its affairs. |
| (2) | In order to enhance residents' accessibility to information on local autonomy, the Minister of the Interior and Safety may establish and operate an information disclosure system to systematically collect and provide information on local autonomy disclosed under this Act or under any other statute or regulation. |
| Article 27 (Obligations of Residents) |
Residents shall share the expenses of their local governments as prescribed by statutes or regulations.
CHAPTER III MUNICIPAL ORDINANCES AND MUNICIPAL RULES
| Article 28 (Municipal Ordinances) |
| (1) | Local governments may enact municipal ordinances relating to their affairs within the scope of statutes or regulations: Provided, That matters regarding restriction on the rights of residents or imposition of obligations on residents, or penalties shall be mandated by statutes. |
| (2) | With respect to the matters mandated by a statute or regulation to be prescribed by municipal ordinance, the details and scope of such mandated matters shall not be restricted by or directly provided for in its subordinate statute or regulation. |
| Article 29 (Municipal Rules) |
The heads of local governments may enact municipal rules relating to affairs under their authority within the scope of statutes or regulations or the scope of municipal ordinances.
| Article 30 (Limitation to Enactment of Municipal Ordinances and Municipal Rules) |
Ordinances and rules enacted by Sis/Guns/autonomous Gus shall not violate those enacted by relevant Cities/Dos.
| Article 31 (Enforcement of Municipal Ordinances and Municipal Rules upon Establishment of Local Governments or Change of Levels Thereof) |
Where a new local government is established or the level of a local government is changed as a result of division or consolidation of local governments, the head of such local government may continue to enforce the municipal ordinances or municipal rules already in force in the jurisdiction until new municipal ordinances or municipal rules regarding necessary matters are enacted and enforced.
| Article 32 (Procedures for Enactment of Municipal Ordinances and Municipal Rules) |
| (1) | Once a local council passes, by a vote, a bill of municipal ordinance, the chairperson shall send it to the head of the local government within five days from the date the bill is passed. |
| (2) | If a bill of municipal ordinance referred to in paragraph (1) is sent to the head of the local government, he or she shall promulgate it within 20 days. |
| (3) | If the head of the local government has an objection to the bill of municipal ordinance, he or she may return it to the local council within the period referred to in paragraph (2) with an explanation of the objection, and may request that it be reconsidered. In such cases, the head of the local government shall not request that part of the bill be reconsidered or propose any amendment to the bill for reconsideration. |
| (4) | Upon receipt of a request for reconsideration of a bill under paragraph (3), the local council shall reconsider it; and if the local council repasses the bill in its original form with the presence of a majority of the incumbent members and by an affirmative vote of at least 2/3 of the members present, the bill shall become a municipal ordinance. |
| (5) | If the head of the local government fails to promulgate the bill or to request the local council to reconsider it within the period referred to in paragraph (2), the bill shall become a municipal ordinance. |
| (6) | The head of the local government shall, without delay, promulgate the municipal ordinance adopted under paragraph (4) or (5). If the head of the local government fails to promulgate the municipal ordinance within five days from the date the municipal ordinance has been adopted under paragraph (5) or from the date the municipal ordinance adopted under paragraph (4) has been returned to the head of the local government, the chairperson of the local council shall promulgate it. |
| (7) | When the head of the local government has promulgated a municipal ordinance under paragraph (2) and the former part of paragraph (6), he or she shall immediately notify it to the chairperson of the relevant local council, and when the chairperson of the local council has promulgated a municipal ordinance under the latter part of paragraph (6), he or she shall immediately notify it to the head of the relevant local government. |
| (8) | Except as provided, municipal ordinances and municipal rules shall enter into force 20 days after the date of their promulgation. |
| Article 33 (Methods of Promulgating Municipal Ordinances and Rules) |
| (1) | The promulgation of municipal ordinances and rules of a local government shall be made by means of publication in the public gazette of the local government: Provided, That where municipal ordinances and rules are promulgated by the chairperson of a local council under the latter part of Article 32 (6), they shall be published in the public gazette or daily newspapers, or posted on the bulletin board. |
| (2) | The public gazette under paragraph (1) shall be either in a printed form (hereafter in this Article referred to as "printed public gazette") or in an electronic form (hereafter in this Article referred to as "electronic public gazette"). |
| (3) | The printed public gazette shall have the same effect as the electronic one with respect to the interpretation of the details, applicable time frames, etc. |
| (4) | The promulgation of municipal ordinances and rules and other necessary matters shall be prescribed by Presidential Decree. |
| Article 34 (Administrative Fines for Violation of Municipal Ordinance) |
| (1) | A local government may determine, by ordinance, an administrative fine in an amount not exceeding 10 million won for a violation of the municipal ordinance. |
| (2) | An administrative fine provided for in paragraph (1) shall be imposed and collected by the head of the competent local government, or the head of the local government having jurisdiction over the relevant area. |
In the event of enactment, amendment, or repeal of a municipal ordinance or a municipal rule, the Mayor/Do Governor shall file a report thereon with the Minister of the Interior and Safety, and the head of a Si/Gun/autonomous Gu shall file a report thereon with the Mayor/Do Governor, respectively, with the full text of the municipal ordinance or municipal rule attached thereto, within five days from the date of transfer by the relevant local council in the case of a municipal ordinance, and within 15 days prior to the expected date of promulgation in the case of a municipal rule; and the Minister of the Interior and Safety shall, upon receipt of the report, notify its details to the head of the relevant central administrative agency.
| Article 36 (Enactment of Statutes Governing Local Elections) |
Except as provided in this Act, matters necessary for local elections shall be separately prescribed by statute.
| Article 37 (Establishment of Local Councils) |
A local council shall be established as a representative body for residents in a local government.
| Article 38 (Election of Local Council Members) |
Members of local councils shall be elected by a residents’ universal, equal, direct and secret vote.
SECTION 2 Local Council Members
| Article 39 (Term of Office of Local Council Members) |
The terms of office of local council members shall be four years.
| Article 40 (Expenses for Legislative Activities of Council Members) |
| (1) | Local council members shall be paid the following expenses: |
| 1. | Expenses for legislative activities to be paid monthly to make up for those required for collection and research of legislative materials and for their auxiliary activities; |
| 2. | Monthly allowances paid for performance of duties by the local council members; |
| 3. | Travel expenses paid for official duties by resolution of the plenary session or the committees, or by the order of the chairperson of the local council. |
| (2) | Expenses referred to in the subparagraphs of paragraph (1) shall be prescribed by ordinance of a local government, not to exceed the amount of money determined by the deliberation committee on expenses for activities of local council established under the relevant local government in consideration of the standards prescribed by Presidential Decree: Provided, That expenses under paragraph (1) 3 shall be excluded from expenses subject to a decision by the deliberation committee on expenses for activities of local council. |
| (3) | Matters necessary for the organization, operation, etc. of the deliberation committee on expenses for activities of local council shall be prescribed by Presidential Decree. |
| Article 41 (Experts Specializing in Policy Support for Council Members) |
| (1) | In order to support the legislative activities of local council members, the local council may employ experts specializing in policy support, the number of whom does not exceed 1/2 of the full number of the local council members, as prescribed by ordinance of the relevant local government. |
| (2) | Experts specializing in policy support shall be appointed from among local public officials, and matters necessary for operations, such as class, duty, and appointment procedure shall be prescribed by Presidential Decree. |
| Article 42 (Compensation for Injury or Death) |
| (1) | When a member of a local council is injured or dies in the course of performing his or her duties or dies due to an injury or a disease caused by his or her duties, compensation may be paid. |
| (2) | The criteria for payment of the compensation as referred to in paragraph (1) shall be prescribed by ordinance of the competent local government within the scope prescribed by Presidential Decree. |
| Article 43 (Prohibition on Concurrent Office-Holding) |
| (1) | No local council member may concurrently hold any of the following offices: |
| 1. | A member of the National Assembly or a member of another local council; |
| 2. | A judge of the Constitutional Court or a commissioner of the election commission at each level; |
| 6. | Executive officers and employees of agricultural cooperatives, fisheries cooperatives, forestry cooperatives, tobacco producers cooperatives, credit unions, and community credit cooperatives (including central organizations and federations thereof) or the president of each central organization or federation thereof; |
| 8. | The office holding the status of a public official under other statutes or regulations; |
| 9. | The office a local council member is not allowed to concurrently hold, as prescribed by any other statute. |
| (2) | Where a teacher eligible for membership of a political party under Article 22 of the Political Parties Act is elected as a local council member, he or she shall temporarily step down from his or her position as a teacher during his or her tenure of office. |
| (3) | Where a local council member holds office other than any of those specified in paragraph (1) before being elected, he or she shall report it in writing to the chairperson of the local council, within one month after the commencement of his or her term of office, or within 15 days after his or her inauguration where he or she takes such office during his or her term of office, and methods and procedures for such reporting shall be prescribed by ordinance of the relevant local government. |
| (4) | Upon receipt of a report on concurrent offices held by a member of the local council under paragraph (3), the chairperson of the local council shall post the details of such report on the website of the local council at least once a year or disclose them in the manner prescribed by ordinance of the local government. |
| (5) | Where a local council member has become a representative, executive officer, or full-time employee of any of the following institutions or organizations or a facility established or operated by such institution or organization; or has become a member of a committee (excluding an advisory committee) of such institution or organization, he or she shall resign from his or her office: |
| 1. | Institutions or organizations in which the relevant local government has invested or contributed (including re-investment or re-contribution); |
| 2. | Institutions or organizations performing the affairs of the relevant local government after being entrusted therewith; |
| 3. | Institutions or organizations receiving subsidies for operating expenses, business expenses, etc. from the relevant local government; |
| 4. | Executive officers and employees of an association established with authorization from the head of the relevant local government pursuant to statutes or regulations (including a preparatory organization, such as a promoters' committee for the establishment of an association). |
| (6) | Where a local council member falls under any of the following cases, the chairperson of the local council shall recommend that the member resign from the other office he or she presently holds. In such cases, the chairperson of the local council shall hear the opinions of the Ethics Investigation Advisory Committee under Article 66 and respect them: |
| 1. | Where the local council member does not resign from the other office that he or she holds, notwithstanding paragraph (5); |
| 2. | Where it is deemed that the local council member holds concurrent offices, in violation of Article 44 (2). |
| (7) | The chairperson of a local council may hear the opinion of the Ethics Investigation Advisory Committee under Article 66 as to whether the act of a local council member or the status of a transferee or manager is restricted pursuant to paragraph (5) or (6). |
| Article 44 (Obligations of Council Members) |
| (1) | Local council members shall give first priority to public interest and shall perform their duties faithfully according to conscience. |
| (2) | Local council members are obligated to maintain high standards of integrity and shall retain their dignity as council members. |
| (3) | No local council member shall acquire a property right, interest, or position by abusing his or her position or shall assist any third person in acquiring such right, interest, or position by doing so. |
| (4) | No local council member shall engage in profit-making transactions with the relevant local government, any of the institutions or organizations specified in the subparagraphs of Article 43 (5) or any of the facilities established and operated by such institutions or organizations. |
| (5) | Local council members shall not engage in profit-making acts related to their duties in competent standing committees, and the scope thereof shall be prescribed by ordinance of the relevant local government. |
| Article 45 (Notification of Arrest of Council Members and Final and Conclusive Judgment) |
| (1) | Where a local council member is arrested or confined, the head of an investigation agency shall, without delay, notify the chairperson of the relevant local council of such fact, also providing a copy of the warrant. |
| (2) | Once a judgment has become final and conclusive after a local council member was prosecuted for a criminal case, chief judges of all levels of courts shall, without delay, notify the chairperson of the relevant local council of such fact. |
| Article 46 (Responsibilities of Local Councils) |
| (1) | Local councils shall lay down municipal ordinances on the ethics code and the code of practical ethics that the council members are required to observe. |
| (2) | Local councils shall endeavor to ensure that their members have professionalism necessary for conducting their legislative activities. |
| Article 47 (Matters for Resolution by Local Councils) |
| (1) | Each Local council shall decide or pass a resolution on the following matters: |
| 1. | Enactment, amendment and repeal of municipal ordinances; |
| 2. | Deliberation on and determination of budgets; |
| 3. | Approval of the settlement of accounts; |
| 4. | Imposition and collection of user fees, fees, contributions, local taxes, or admission fees other than those prescribed by statutes or regulations; |
| 5. | Establishment and operation of funds; |
| 6. | Acquisition and disposal of important property prescribed by Presidential Decree; |
| 7. | Installation and disposal of public facilities prescribed by Presidential Decree; |
| 8. | Burden sharing from extra-budgetary resources or waiver of a right, other than those prescribed by statutes or regulations and municipal ordinances; |
| 9. | Acceptance and handling of petitions; |
| 10. | Exchange and cooperation with foreign local governments; |
| 11. | Other matters falling within their authority under statutes or regulations. |
| (2) | A local government may, by ordinance, separately determine matters subject to resolution by the relevant local council, other than those prescribed in the subparagraphs of paragraph (1). |
| Article 47-2 (Confirmation Hearings) |
| (1) | The head of a local government may request that the local council hold a confirmation hearing for a candidate in any of the following positions prescribed by municipal ordinance: |
| 1. | A vice mayor or vice governor appointed as a state public official in political service pursuant to Article 123 (2); |
| 2. | The head of an administrative Si under Article 11 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; |
| (2) | Upon receipt of a request for a confirmation hearing under paragraph (1), the chairperson of a local council shall hold the confirmation hearing and then send the progress report to the head of the local government. |
| (3) | Other matters necessary for the procedures for, operation, etc. of confirmation hearings shall be prescribed by municipal ordinance. |
[This Article Newly Inserted on Mar. 21, 2023]
| Article 48 (Demand for Submission of Documents) |
| (1) | The plenary session or any of the committees of a local council may, by resolution, demand that the head of the relevant local government submit documents directly related to the deliberation of agenda items. |
| (2) | When a committee makes a demand under paragraph (1), it shall be reported to the chairperson of the relevant local council. |
| (3) | Notwithstanding paragraph (1), in closed session, the chairperson of a local council may request the head of the relevant local government to submit documents. |
| (4) | When a demand for the submission of documents is made under paragraph (1) or (3), the forms of such submission may be designated, including paper documents, electronic documents, or magnetic tapes or magnetic disks for computers, or recordings on other similar media. |
| Article 49 (Authority to Inspect and Investigate Administrative Affairs) |
| (1) | A local council may conduct, once each year, inspection of the affairs of the relevant local government for a period not exceeding 14 days in the case of a City/Do, and 9 days in the case of a Si/Gun/autonomous Gu; and it may, by a resolution at its plenary session, demand an investigation of specific matters, from among the affairs of the local government, at the plenary session or by the relevant committee. |
| (2) | A proposal for investigation referred to in paragraph (1) shall be made in writing, specifying the grounds therefor, and it requires the affirmative vote of at least 1/3 of the incumbent council members. |
| (3) | Other than the affairs requiring direct inspection by the National Assembly and a City/Do council, the inspection of the State affairs and the City/Do affairs performed by a local government and the head of the local government under delegation of authority may be performed by the relevant City/Do council and the relevant Si/Gun/autonomous Gu council, respectively. In such cases, the National Assembly and the City/Do council may require the relevant local council to submit necessary materials with respect to the result of such inspection. |
| (4) | If necessary for the inspection or investigation as referred to in paragraph (1) and the inspection as referred to in paragraph (3), it is possible to make an on-site confirmation, or to demand the submission of documents, and to have the head of the local government or the relevant public official, or a person related to such affairs, attend them and give a testimony after taking an oath as a witness, or state an opinion as a reference witness. |
| (5) | A person who makes a false statement while giving a testimony under paragraph (4) may be accused; and if the person who has received a request for submission of documents under paragraph (4) fails to submit them within the given time limit without good cause, or if the witness who is requested to attend under that paragraph fails to do, or refuses to take an oath or to give a testimony, without good cause, he or she may be subject to the imposition of an administrative fine not exceeding five million won. |
| (6) | The procedures for imposing an administrative fine under paragraph (5) shall be governed by Article 34. |
| Article 50 (Report on Results of Inspection or Investigation of Administrative Affairs) |
| (1) | A local council shall deal with the results of inspection or investigation by the resolution of the plenary session. |
| (2) | When any causes for correction by the relevant local government or agency are found upon inspection or investigation, the local council shall demand the correction thereof, and the matters which are deemed proper to be dealt with by the local government or agency shall be transferred to such local government or agency. |
| (3) | A local government or an agency shall, without delay, deal with the matters, the correction of which is demanded or which are transferred under paragraph (2), and make a report on the result thereof to the local council. |
| Article 51 (Reporting on Status of Conducting Administrative Affairs and Answering Questions) |
| (1) | The head of a local government or any relevant public official may attend meetings of a local council or its committees to report on the status of conducting administrative affairs, state his or her opinion, and answer questions. |
| (2) | Upon receipt of a request from a local council or its committee, the head of a local government or any relevant public official shall attend the council or committee and answer questions: Provided, That if there is any special reason, the head of the local government may require the relevant public official to attend and answer questions. |
| (3) | Relevant public officials eligible to attend meetings of a local council and its committees and answer questions pursuant to paragraph (1) or (2) shall be prescribed by municipal ordinance. |
| Article 52 (Local Council Rules) |
Local councils may prescribe, by rule, matters necessary for internal management other than those prescribed by this Act.
SECTION 4 Convocation and Sessions
| Article 53 (Regular Sessions) |
| (1) | Local councils shall hold a regular session twice a year. |
| (2) | The assembly date of regular sessions and other matters necessary for the operation of regular sessions shall be prescribed by ordinance of the relevant local government, as prescribed by Presidential Decree. |
| Article 54 (Extraordinary Sessions) |
| (1) | An extraordinary session to be held for the first time after a general election shall be convened by the secretary general, director general, or director of the relevant local council within 25 days from the date the terms of office of local council members commence. |
| (2) | Where a new local government is established by the abolition, establishment, or division of a local government or by the consolidation of local governments, the first extraordinary session shall be convened by the secretary general, director general, or director of the relevant local council on the date of its establishment. |
| (3) | The chairperson of the local council shall convene an extraordinary session within 15 days after receiving a request from the head of the local government or from at least the number of the incumbent council members prescribed by ordinance of the local government: Provided, That if the chairperson or vice chairperson is unable to convene an extraordinary session due to unavoidable circumstances, it may be convened by the most frequently elected member from among the council members, or if there are two or more of the most frequently elected members whose frequencies are equal, by the members in order of seniority. |
| (4) | The convening of an extraordinary session shall be publicly announced at least three days before the opening of the session: Provided, That this shall not apply in cases of urgency. |
| Article 55 (Public Announcement of Agenda Items to Be Submitted) |
The head of a local government shall publicly announce the agenda items to be submitted to the local council in advance: Provided, That this shall not apply where agenda items in urgent need of discussion are submitted during a meeting. <Amended on Oct. 19, 2021>
[Title Amended on Oct. 19, 2021]
| Article 56 (Opening, Adjourning, and Closing Meetings, and Number of Days in Session) |
| (1) | Local councils shall determine by resolution as to whether to open, adjourn, and close their meetings and sessions. |
| (2) | The total number of days when the council is in session and the term of an ordinary session and of an extraordinary session shall be prescribed by ordinance of the relevant local government. |
SECTION 5 Chairperson and Vice Chairperson
| Article 57 (Election and Term of Office of Chairperson and Vice Chairperson) |
| (1) | A local council shall select by a secret vote one chairperson and two vice chairpersons in the case of a City/Do, and one chairperson and one vice chairperson in the case of a Si/Gun/autonomous Gu, from among the members of the local council. |
| (2) | The first time election of chairperson and vice chairpersons since a general election shall be conducted on the date of the first assembly. |
| (3) | The respective terms of office of the chairperson and vice chairpersons shall be two years. |
| Article 58 (Duties of Chairperson) |
The chairperson of a local council shall represent the local council, arrange the proceedings, maintain order in the council chamber, and supervise the affairs of the council.
| Article 59 (Acting on Behalf of Chairperson) |
Where the chairperson of a local council is unable to perform his or her duties due to unavoidable reasons, the vice chairperson shall act on behalf of the chairperson.
| Article 60 (Acting Chairperson) |
Where both of the chairperson and vice chairperson of a local council are unable to perform their duties due to unavoidable reasons, an acting chairperson shall be elected to act for the chairperson.
| (1) | A by-election shall be held to fill any vacancy occurring in the office of either of a chairperson or vice chairperson of a local council. |
| (2) | The chairperson or vice chairperson elected at a by-election shall hold office for the remainder of his or her predecessor's term. |
| Article 62 (Resolution of No Confidence in Chairperson and Vice Chairperson) |
| (1) | Where a chairperson or vice chairperson of a local council violates statutes or regulations or fails to perform his or her duties without good cause, the local council may adopt a resolution of no confidence. |
| (2) | The resolution of no confidence under paragraph (1) shall be adopted on a motion submitted by at least 1/4 of the incumbent members and with an affirmative vote of a majority of the incumbent members. |
| (3) | Once the resolution of no confidence under paragraph (2) is adopted, the chairperson or vice chairperson shall be dismissed. |
| Article 63 (Acting for Chairperson at Election of Chairperson) |
If there is no person to perform the duties of the chairperson in the event of an election conducted pursuant to Article 57 (1), 60, or 61 (1) (hereafter in this Article referred to as "election of chairperson, etc."), the council member who has been elected the most times of the members attend the relevant session shall perform such duties; if there are two or more of the most frequently elected members whose frequencies are equal, the members in order of seniority shall perform such duties. In such cases, if the council member responsible for such duties fails to perform the duties of conducting the election of chairpersons, etc. without good cause, the council member next in order of priority shall act on his or her behalf.
SECTION 6 Negotiating Groups and Committees
| Article 63-2 (Negotiating Groups) |
| (1) | A local council may have negotiating groups. In such cases, a political party whose members exceed the number prescribed by municipal ordinance shall be one negotiating group. |
| (2) | Notwithstanding the latter part of paragraph (1), a certain number of members, who do not belong to any negotiating group, exceeding that prescribed by municipal ordinance may organize a negotiating group. |
| (3) | Other matters necessary for the composition, operation, etc. of negotiating groups shall be prescribed by municipal ordinance. |
[This Article Newly Inserted on Mar. 21, 2023]
| Article 64 (Establishment of Committees) |
| (1) | A local council may establish committees as prescribed by municipal ordinance. |
| (2) | The types of committees shall be classified as follows: |
| 1. | Standing committee that examines and handles bills, petitions, etc. under its jurisdiction; |
| 2. | Special committee that examines and handles specific agenda items. |
| (3) | The members of committees shall be elected at plenary sessions. |
| Article 65 (Special Committee on Ethics) |
| (1) | A Special Committee on Ethics shall be established to review whether local council members observe the ethics code and the code of practical ethics and to examine matters relating to disciplinary actions. |
| (2) | The Special Committee on Ethics established under paragraph (1) (hereinafter referred to as the "Special Committee on Ethics") shall seek the opinions of the Ethics Investigation Advisory Committee established under Article 66 before deliberating on whether local council members observe the code of ethics and the code of practical ethics and reviewing matters relating to disciplinary actions against local council members and shall respect such opinions. |
| Article 66 (Ethics Investigation Advisory Committee) |
| (1) | An Ethics Investigation Advisory Committee shall be established within the Special Committee on Ethics to advise the chairperson of a local council on concurrent office-holding by local council members, members' activities for making profits, and others and to advise the Special Committee on Ethics with regard to local council members' compliance with the code of ethics and the code of practical ethics and with regard to matters relating to disciplinary actions. |
| (2) | Members of the Ethics Investigation Advisory Committee shall be commissioned by the chairperson of the local council from among civil experts. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for organizing and operating meetings of the Ethics Investigation Advisory committee shall be prescribed by meeting rules. |
| Article 67 (Authority of Committees) |
Each committee shall examine bills, petitions, etc. under its jurisdiction or specific agenda items delegated by the relevant local council.
| Article 68 (Expert Members) |
| (1) | Each committee shall have members with expertise who are not council members (hereinafter referred to as "expert members"), in order to assist the chairperson and council members in their autonomous legislative activities. |
| (2) | Specialized committee members shall examine bills, petitions, etc. in their committee; audit and inspect administrative affairs; prepare review reports with regard to other matters under the jurisdiction of the committee; and collect, investigate, and study relevant materials. |
| (3) | Matters relating to the class, fixed number, etc. of expert members of a committee shall be prescribed by Presidential Decree. |
| Article 69 (Attending Committee Meetings) |
| (1) | Persons who are not members of the relevant local council may sit in on committee meetings after obtaining permission from the chairperson of the committee (hereafter in this Chapter referred to as "chairperson"). |
| (2) | The chairperson may order visitors to leave the council chamber where necessary to maintain order. |
| Article 70 (Opening of Committee Meetings) |
| (1) | Committee meetings shall be held when a plenary session passes a resolution, the chairperson deems it necessary, or at least 1/3 of the incumbent members of the committee request it. |
| (2) | The head of a local government may also request holding of a committee meeting during an adjournment between sessions to the chairperson by submitting the reasons therefor. |
| Article 71 (Municipal Ordinances Governing Committees) |
Matters relating to committees in addition to those prescribed by this Act shall be prescribed by municipal ordinance.
| Article 72 (Quorum for Proceedings) |
| (1) | A meeting of a local council shall be held when at least 1/3 of the incumbent members attend it. |
| (2) | If a meeting fails to meet a quorum under paragraph (1), the chairperson shall suspend the meeting or declare the adjournment thereof. |
| Article 73 (Quorum for Resolution) |
| (1) | Except as provided in this Act, resolutions shall be passed by the attendance of a majority of incumbent members and with the affirmative vote of a majority of the members present. |
| (2) | The chairperson shall have the right to vote; if the concurring votes and the dissenting votes are equal, the agenda item shall be deemed to have been voted down. |
| Article 74 (Method of Voting) |
When a vote is to be taken at a plenary session, the pros and cons shall be decided by recorded vote of the voting methods as prescribed by municipal ordinance or meeting rules: Provided, That the vote shall be made by?secret?ballot in any of the following cases:
| 1. | Election of a chairperson and a vice chairperson under Article 57; |
| 2. | Appointment of an acting chairperson under Article 60; |
| 3. | Resolution of non-confidence in a chairperson and a vice chairperson under Article 62; |
| 4. | Resolution on disqualification under Article 92; |
| 5. | Resolution on disciplinary actions under Article 100; |
| 6. | A resolution concerning a request under Article 32, 120, or 121, or 192; |
| 7. | Other matters relating to various elections held by local councils and their personnel management. |
| Article 75 (Open Sessions) |
| (1) | Meetings of a local council shall be open to the public: Provided, That a meeting may be closed to the public where a resolution thereon is adopted by an affirmative vote of at least 2/3 of the members present on the motion of at least three council members, or where the chairperson deems it necessary for maintaining peace and order in society, |
| (2) | The chairperson of a local council shall provide proper convenience to the persons with disabilities who have acquired permission for admission to open sessions. |
| Article 76 (Proposal of Bills) |
| (1) | A bill to be passed by a local council shall be proposed by the head of the local government or by an affirmative vote of at least the number of council members that is specified by municipal ordinance. |
| (2) | A committee may submit bills on matters relating to its duties. |
| (3) | The bills as referred to in paragraphs (1) and (2) shall be submitted to the chairperson in due form. |
| (4) | When a bill of municipal ordinance is proposed by a local council member under paragraph (1), the promoter and the supporting council members shall be distinguished, and the name of the promoter shall be stated as a subtitle of the bill: Provided, That where a bill is proposed by two or more members, the name of their representative shall be clearly indicated. |
| (5) | When a bill of municipal ordinance resolved by a local council, from among the enacted or wholly amended bills of municipal ordinance proposed by local council members, is promulgated or publicized, the subtitle of the relevant bill of the municipal ordinance may be stated together. |
| Article 77 (Pre-Announcement of Bill of Municipal Ordinance) |
| (1) | With respect to a bill of municipal ordinance subject to examination, the local council may issue a pre-announcement of the purpose, important matters and the full text by means of publishing them in a gazette or website, etc. for a fixed period of at five days. |
| (2) | Methods, procedures and other matters necessary for the pre-announcement of a bill of municipal ordinance shall be prescribed by a meeting rule. |
| Article 78 (Submission of Data of Estimated Expenses Relating to Bill) |
| (1) | Where the head of a local government submits a bill that involves any budgetary or funding measures, a written estimate of the expenses which are expected to be incurred in the implementation of the bill and the data relating to the method of securing the fund corresponding thereto shall be appended to the bill. <Amended on Oct. 19, 2021> |
| (2) | Matters necessary for the estimation of the expenses and the procedures, etc. for preparation and submission of the data relating to the method of securing the fund under paragraph (1) shall be prescribed by ordinance of the relevant local government. |
| Article 79 (Principle of Continuity of Session) |
No bill submitted to a local council may be scrapped on the ground that it has not been resolved in session: Provided, That this shall not apply where the terms of office for council members expire.
| Article 80 (Principle of Not Deliberating on Same Bill Twice during Same Session) |
A bill voted down at a local council may not be proposed or submitted again during the same session.
| Article 81 (Bills Scrapped by Committee) |
| (1) | No bill determined by a committee to be unnecessary to be put to a plenary meeting may be put to the plenary meeting: Provided, That where at the request of the chairperson or at least 1/3 of the incumbent council members within seven days from the date such decision of the committee is reported to the plenary meeting excluding the period during which the session is closed or in recess, such bill shall be put to the plenary meeting. |
| (2) | In the absence of the request under the proviso to paragraph (1), such bill shall be scrapped. |
| Article 82 (Exclusion of Chairperson or Council Members) |
The chairperson or any member of a local council shall not participate in the decision-making process regarding the agenda item in which he or she, his or her spouse, lineal ascendant or descendant, or sibling has a direct stake: Provided, That he or she may attend meetings of a local council and speak on the agenda item with the approval from the council.
| Article 83 (Meeting Rules) |
Local councils shall prescribe necessary matters by meeting rules other than those prescribed by this Act.
| (1) | Local councils shall prepare the minutes for meetings in which the progress details and outcomes of such meetings and the names of attending council members shall be stated. |
| (2) | The chairperson and at least two council members elected at a local council shall sign the minutes of meetings. |
| (3) | The chairperson shall notify the head of such local government of the results of such meetings along with a copy of the minutes for meetings. |
| (4) | The minutes for meetings shall be distributed to council members: Provided, That where matters on which the chairperson deems it necessary to keep confidential or the local council resolves to keep confidential shall not be made public. |
| Article 85 (Submission of Petitions) |
| (1) | A person who intends to file a petition with a local council shall submit a written petition after being introduced to the local council by a local council member. |
| (2) | A petitioner shall state his or her name (in the case of a juristic person, its name and representative’s name) and address in a written petition, and put the name and signature therein. |
| Article 86 (Non-Acceptance of Petitions) |
When the content of a petition interferes with a trial or violates any statute or regulation, such petition shall not be accepted.
| Article 87 (Examination and Handling of Petitions) |
| (1) | The chairperson of a local council shall, upon receipt of a petition, refer it to a relevant committee or plenary session for examination. |
| (2) | The council member who has introduced a petition shall explain the gist of the petition at the request of the relevant committee or plenary meeting. |
| (3) | When the relevant committee determines that it is unnecessary to refer the petition to a plenary session after examination thereof, it shall report the results of such handling to the chairperson, who in turn shall notify the petitioner thereof. |
| Article 88 (Transfer of Petitions and Reporting on Handling) |
| (1) | The petition adopted by a local council and deemed appropriate for the head of a local government to handle shall be transferred to the head of the local government, along with a statement of opinions. |
| (2) | The head of the local government shall handle the petition under paragraph (1) and, without delay, report the results of such handling to the local council. |
SECTION 9 Resignation and Retirement of Council Members and Examinations of Qualifications
| Article 89 (Resignation of Members) |
A local council may, by resolution, allow its members to resign: Provided, That when the local council is in recess, the chairperson may do so.
| Article 90 (Retirement of Council Members) |
A local council member shall resign from his or her position as a council member in any of the following cases:
| 1. | Where he or she assumes a position referred to in Article 43 (1); |
| 2. | Where he or she becomes ineligible for election (including cases where he or she has transferred his or her resident registration to outside of the jurisdiction of the local government for any reason other than the modification, abolition, or consolidation of the jurisdiction of the local governments); |
| 3. | Where he or she is dismissed from membership as a result of a disciplinary action. |
| Article 91 (Examination of Qualifications of Members) |
| (1) | Any member of a local council who has objection to another member's qualifications may request the chairperson to examine his or her qualifications with an affirmative vote of at least 1/4 of the incumbent members. |
| (2) | A member of a local council subject to examination may attend a meeting held to examine his or her qualifications to express his or her opinion but may not participate in a relevant resolution. |
| Article 92 (Resolution on Disqualification) |
| (1) | A resolution on the disqualification of a local council member subject to the examination under Article 91 (1) shall require an affirmative vote of at least 2/3 of all the incumbent members. |
| (2) | A local council member subject to the examination shall not lose office until disqualification becomes final under paragraph (1). |
| Article 93 (Notification of Vacancy) |
When the office of any member of the local council becomes vacant, the chairperson shall give notice thereof to the head of the local government and the competent regional election commission within 15 days thereafter.
| Article 94 (Maintenance of Order in Meetings) |
| (1) | If a member of a local council makes any inappropriate remarks or commits any act in violation of this Act or meeting rules at the chamber for a plenary meeting or for any committee of the local council and thus disturbs the order of the chamber, the chairperson or committee chairperson may warn or restrain the member or orders him or her to retract such remarks. |
| (2) | If a local council member refuses to obey the order under paragraph (1), the chairperson or committee chairperson may prohibit the local council member from speaking at that day's meeting or may order him or her to leave the chamber. |
| (3) | When it is difficult to maintain order due to disturbance at the chamber, the chairperson or committee chairperson may declare the suspension or adjournment of the meeting. |
| Article 95 (Prohibition of Insulting Remarks) |
| (1) | A member of a local council shall neither insult another person nor make a remark about another person's privacy at plenary meetings or committees. |
| (2) | Any member who has been insulted at plenary meetings or committees may request the local council to take a disciplinary action against the member who has insulted him or her. |
| Article 96 (Prohibition against Disturbing Speaking) |
Any member of a local council shall neither use violence nor cause a disturbance in session, thereby interrupting another person in making a remark, and he or she shall not step onto the podium or platform without permission from the chairperson or committee chairperson.
| Article 97 (Control of Visitors) |
| (1) | Visitors are requested not to express approval or disapproval of any bill or otherwise cause a disturbance. |
| (2) | The chairperson of a local council may order any visitor who disturbs order in the chamber to leave the chamber or may direct that he or she be handed over to the police, if necessary. |
| (3) | If the public gallery is noisy, the chairperson of the local council may let all visitors leave the chamber. |
| (4) | Matters necessary for the control of visitors, other than those provided in paragraphs (1) through (3), shall be prescribed by meeting rules. |
SECTION 11 Disciplinary Action
| Article 98 (Grounds for Disciplinary Action) |
If a member of a local council commits an act in violation of this Act or any other municipal ordinance and rule, the local council may, by resolution, take a disciplinary action against the member, after examination by the Special Committee on Ethics.
| Article 99 (Request for Disciplinary Action) |
| (1) | If a request for disciplinary action is filed against a member subject to disciplinary action under Article 98, the chairperson of the local council shall refer the case to the Special Committee on Ethics. |
| (2) | Where a member of the local council who has been insulted intends to file a request for disciplinary action against a member who has violated Article 95 (1), he or she shall submit to the chairperson a written request stating the grounds for a disciplinary action. |
| (3) | Upon receipt of a request for disciplinary action under paragraph (2), the chairperson of the local council shall refer the case to the Special Committee on Ethics. |
| Article 100 (Categories and Resolutions of Disciplinary Action) |
| (1) | The types of disciplinary action are as follows: |
| 1. | Warning at an open meeting; |
| 2. | Apology at an open meeting; |
| 3. | Suspension of attendance at meetings for a period of up to 30 days; |
| (2) | Expulsion under paragraph (1) 4 shall require an affirmative vote of at least 2/3 of the incumbent council members. |
| Article 101 (Meeting Rules concerning Disciplinary Action) |
Matters relating to disciplinary action, other than those prescribed by this Act, shall be prescribed by meeting rules.
SECTION 12 Secretariat and Staff
| Article 102 (Establishment of Secretariat) |
"(1) A secretariat may be established in a City/Do council, as prescribed by municipal ordinance, to conduct its affairs, and the secretariat shall consist of a secretary general and staff members.
| (2) | A secretariat office or secretariat division may be established in a Si/Gun/Autonomous Gu council, as prescribed by municipal ordinance, to conduct its affairs, and such secretariat office or secretariat division may have a director-general or a director and staff members. |
| (3) | The secretary general, director general, director, and staff members under paragraphs (1) and (2) (hereafter referred to as "office staff" in Articles 103, 104, and 118) shall be appointed from among local public officials. |
| Article 103 (Fixed Number, Appointment and Dismissal of Office Staff) |
| (1) | The number of office staff to be employed by a local council shall be prescribed by municipal ordinance in compliance with the standards prescribed by Presidential Decree, such as labor costs. |
| (2) | The chairperson of a local council shall direct and supervise the office staff and shall manage appointment, dismissal, education, service, disciplinary action, etc. with regard to the office staff, as prescribed by statutes or regulations, municipal ordinances, and council rules. |
| Article 104 (Duties and Guarantee of Status of Office Staff) |
| (1) | The secretary-general, director-general, or director shall, upon the order of the chairperson, conduct affairs of the local council. |
| (2) | The Local Public Officials Act shall apply to appointment, remuneration, service, guarantee of status, disciplinary action, etc. with regard to the office staff, except as provided for in this Act. |
CHAPTER VI LOCAL EXECUTIVE AGENCIES
SECTION 1 Head of Local Government
Subsection 1 Transition Committee for Position of Head of Local Government
| Article 105 (Transition Committee for Position of Head of Local Government) |
| (1) | The elected head of a local government under Article 191 of the Public Official Election Act (including a person determined as elected under the proviso of Article 14 (3) of that Act; hereafter in this Article referred to as "the elected person") shall have the authority necessary for assuming the position of head of the local government, as prescribed by this Act. |
| (2) | A local government may establish a Transition Committee for assuming the position of head of the local government (hereafter in this Article referred to as the "Transition Committee") to assist the elected person in the affairs related to the assumption of the duties of the head of the local government from the time the person is determined as elected. |
| (3) | The Transition Committee shall continue to exist for up to 20 days after the head of a local government begins his or her term of office from the time the person is determined as elected. |
| (4) | The Transition Committee shall perform the following functions: |
| 1. | Ascertainment of the organization, function, and budget status of the relevant local government; |
| 2. | Preparation to develop policy agenda of the relevant local government; |
| 3. | Other matters necessary for taking over the position of head of the local government. |
| (5) | The Transition Committee shall consists of the following members, including one chairperson and one vice chairperson: |
| 1. | Cities/Dos: Up to 20 persons; |
| 2. | Sis/Guns/autonomous Gus: Up to 15 persons. |
| (6) | The office of the chairperson, the vice chairperson and the Committee members shall be an honorary position and shall be appointed by the elected person. |
| (8) | No person who serves, or has served, as the chairperson, vice chairperson, or member of the committee shall divulge any confidential information learned in connection with his or her duties to any other person, use such information for any purposes other than taking over the position of head of the local government or shall abuse his or her authority. |
| (9) | Non-public official who serves, or has served, as the chairperson, vice chairperson, or member of the transition committee shall be deemed a public official for the purpose of applying penalty provisions under the Criminal Act or any other Act in connection with the duties of the Transition Committee. |
| (10) | Except as provided for in paragraphs (1) through (9), matters necessary for the organization and operation of the Transition Committee, provision of human resources and budgetary support thereto, etc. shall be prescribed by ordinance of the relevant local government. |
Subsection 2 Status of Head of Local Government
| Article 106 (Heads of Local Governments) |
A Special Metropolitan City Mayor shall be designated for the Special Metropolitan City; a Metropolitan City Mayor for each Metropolitan City; a Special Self-Governing City Mayor for the Special Self-Governing City; a Do Governor for each Do; a Special Self-Governing Province Governor for the Special Self-Governing Province; and the head of a Si/Gun/Gu for each Si/Gun/autonomous Gu, respectively.
| Article 107 (Election of Head of Local Government) |
The head of a local government shall be elected by a universal, equal, direct and secret vote of residents.
| Article 108 (Term of Office of Head of Local Government) |
The term of office of the head of a local government shall be four years, and he or she may continue to hold office for up to three terms.
| Article 109 (Restriction on Concurrent Holding of Office) |
| (1) | No head of a local government may simultaneously hold any of the following offices or positions: |
| 1. | The President, a member of the National Assembly, a judge of the Constitutional Court, a member of each election commission, or a member of a local council; |
| 3. | The office holding a position as public official under other statutes or regulations; |
| 5. | Executive officers and employees of agricultural cooperatives, fisheries cooperatives, forestry cooperatives, tobacco producers cooperatives, credit unions, and community credit cooperatives (including each central organization and federation thereof); |
| 8. | Any other office that may not be held simultaneously as prescribed by other statutes. |
| (2) | The head of a local government shall not, during his or her term of office, engage in a transaction for profit-making purposes with the local government, or engage in a profit-making business related to the local government. |
| Article 110 (Abolition, Establishment, Division and Consolidation of Local Governments, and Heads of Local Governments) |
Where the head of a local government is to be newly elected due to abolition, establishment, division, or consolidation of the local government, the Minister of the Interior and Safety shall designate the person who will act for the Mayor/Do Governor, and the Mayor/Do Governor shall designate the person who will act for the head of the Si/Gun/autonomous Gu, respectively, until the head of the local government is elected: Provided, That if two or more local governments of the same level are integrated or abolished to form a new local government, the person acting for the head of such local government shall be designated from among the heads of the previous local governments.
| Article 111 (Resignation of Head of Local Government) |
| (1) | If the head of a local government wishes to resign from his or her office, he or she shall provide a prior written notice indicating the date of resignation (hereinafter referred to as "resignation notice") to the chairperson of the local council. |
| (2) | The head of the local government shall be made to resign on the date indicated on the resignation notice: Provided, That where the resignation notice has not been made to the chairperson of the local council by the resignation date indicated on the resignation notice, he or she shall be made to resign on the day when the resignation notice is made to the chairperson of the local council. |
| Article 112 (Retirement of Head of Local Government) |
If the head of a local government falls under any of the following, he or she shall retire from his or her office:
| 1. | Where he or she assumes another office that the head of a local government is not permitted to hold concurrently; |
| 2. | Where he or she becomes ineligible for being elected (including cases where he or she has transferred his or her resident registration to outside of the jurisdiction of the local government for any reason other than the change, abolition, or consolidation of the jurisdictions of the local governments); |
| 3. | Where he or she loses office as the head of the local government under Article 110. |
| Article 113 (Notification of Arrest of, and Final and Conclusive Judgment for, Head of Local Government) |
| (1) | Where the head of a local government has been arrested or detained, the head of the relevant investigation agency shall, without delay, notify such fact to the local government with a copy of warrant attached. In such cases, the local government so notified shall immediately report such fact to the Minister of the Interior and Safety; and where a Si/Gun/autonomous Gu reports such fact to the Minister of the Interior and Safety, the Si/Gun/autonomous Gu shall report it via the competent Mayor/Do Governor. |
| (2) | Where the head of a local government is prosecuted in a criminal case and its judgment becomes final and conclusive, the chief judge of the competent court shall, without delay, notify it to the relevant local government. In such cases, the local government so notified shall immediately report such fact to the Minister of the Interior and Safety; and where a Si/Gun/autonomous Gu reports such fact to the Minister of the Interior and Safety, the Si/Gun/autonomous Gu shall report it via the competent Mayor/Do Governor. |
Subsection 3 Authority of Head of Local Government
| Article 114 (Authority to Govern and Represent Local Government) |
The head of a local government shall represent the local government and exercise general supervision over its affairs.
| Article 115 (Entrustment of State Affairs) |
The State affairs implemented in a City/Do and a Si/Gun/autonomous Gu shall be, in principle, entrusted respectively to the Mayor/Do Governor and to the head of the Si/Gun/autonomous Gu, for their performance: Provided, That this shall apply where otherwise prescribed by statutes or regulations
| Article 116 (Authority to Manage and Execute Affairs) |
The head of a local government shall manage and execute the affairs of the local government and the affairs entrusted to him or her by statutes or regulations.
| Article 117 (Entrustment of Affairs) |
| (1) | The head of a local government may entrust part of affairs under his or her jurisdiction to a line organization, administrative agency under his or her jurisdiction or subordinate administrative agency, as prescribed by municipal ordinance or municipal rule. |
| (2) | The head of a local government may delegate part of affairs under his or her jurisdiction to other local governments under his or her jurisdiction, public organizations or their organs (including business offices and branch offices), as prescribed by municipal ordinance or municipal rule. |
| (3) | The head of a local government may entrust a juristic person, an organization, or its organ or individual, with affairs under his or her jurisdiction that are not directly related to the rights and duties of residents, such as investigation, inspection, official approval, and management affairs, as prescribed by municipal ordinance or municipal rule. |
| (4) | If the head of the local government intends to re-delegate or re-entrust part of the affairs delegated or entrusted in accordance with paragraphs (1) through (3), he or she shall obtain prior approval from the head of the agency that has delegated or entrusted such affairs. |
| Article 118 (Authority for Appointment and Dismissal of Staff) |
The head of a local government shall direct and supervise staff members under his or her control (excluding the office staff of the local council) and handle matters relating to appointment, dismissal, education and training, service, disciplinary action, etc. with regard to such staff members, as prescribed by statutes or regulations, municipal ordinances, and municipal rules.
| Article 119 (Transfer of Affairs) |
Where the head of a local government resigns from his or her office, he or she shall hand over all the duties under his or her jurisdiction to his or her successor.
Subsection 4 Relationship with Local Council
| Article 120 (Request for Reconsideration of Local Council’s Resolution and Filing of Lawsuit) |
| (1) | If a resolution of a local council is deemed to be an abuse of authority, a violation of statutes or regulations, or a significant detriment to the public interest, the head of the local government may request that such resolution be reconsidered, specifying the reasons therefor, within 20 days from the date the resolution is transferred. |
| (2) | If a resolution identical to a preceding one is adopted with presence of a majority of the incumbent members of the local council and by an affirmative vote of at least 2/3 of those present upon reconsideration in response to a request as referred to in paragraph (1), the resolution shall become final. |
| (3) | If the head of the local government deems the matters resolved again under paragraph (2) to be in violation of any statute or regulation, he or she may file a lawsuit with the Supreme Court. In such cases, Article 192 (4) shall apply mutatis mutandis. |
| Article 121 (Request for Reconsideration of Resolution Which Cannot Be Executed Due to Budgetary Constraints) |
| (1) | If a resolution of a local council is considered to include an expenditure that cannot be executed due to budgetary constraints, the head of the local government may request that such resolution reconsidered, stating the reasons therefor, within 20 days from the date the resolution is transferred. |
| (2) | When the local council makes a resolution to curtail any of the following expenditures, the same shall apply as provided for in paragraph (1): |
| 1. | An expenditure to be borne by the local government as an obligation under statutes or regulations; |
| 2. | An expenditure necessary for urgent restoration of facilities due to an unexpected disaster. |
| (3) | In cases falling under paragraphs (1) and (2), Article 120 (2) shall apply mutatis mutandis. |
| Article 122 (Emergency Actions by Head of Local Government) |
| (1) | Where the local council is not constituted as the quorum for a resolution under Article 73 is not met due to detention, etc. of any member of the local council, and where any matters urgently needed to protect the life and property of residents, from among those to be resolved by the local council, cannot be resolved because there is no time to convene the local council or the resolution is delayed in the local council, the head of the competent local government may take emergency actions. |
| (2) | The emergency actions under paragraph (1) shall be reported, without delay, to the local council and approved by the local council. |
| (3) | Where approval under paragraph (2) is not obtained from the local council, such emergency actions shall be invalidated from thereon. |
| (4) | The head of the local government shall, without delay, give public notice of such matters as referred to in paragraphs (2) and (3). |
SECTION 2 Auxiliary Organization
| Article 123 (Vice Governors, Vice Mayors, and Deputy Heads of Sis/Guns/Gus) |
| (1) | A Vice Mayer shall be designated for the Special Metropolitan City, each Metropolitan City, and Special Self-Governing City; a Vice Governor for each Do and Special Self-Governing Province; and a deputy head for each Si, Gun, and autonomous Gu, respectively; and the fixed number thereof shall be as follows: |
| 1. | The full number of Vice Mayors for the Special Metropolitan City shall be prescribed by Presidential Decree to the extent not exceeding three persons; |
| 2. | The full number of Vice Mayors for each Metropolitan City and Special Self-Governing City and the full number of Vice Governors for each Do and Special Self-Governing Province shall be prescribed by Presidential Decree to the extent not exceeding two persons (three persons in cases of a Metropolitan City or Do with a population of at least eight million); |
| 3. | The full number of deputy heads of each Si/Gun/autonomous Gu shall be one person. |
| (2) | The Vice Mayors of the Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities, and the Vice Governors of Dos and Special Self-Governing Provinces shall be State public officials in political service or general service as prescribed by Presidential Decree: Provided, That where two or three Vice Mayors are designated for the Special Metropolitan City, Metropolitan Cities, or Special Self-Governing Cities and two or three Vice Governors for Dos or Special Self-Governing Provinces as prescribed in paragraph (1) 1 and 2, one of them shall be a local public official in political service, general service, or extraordinary civil service as prescribed by Presidential Decree; and the qualifications for such local public officials in political service and extraordinary civil service shall be prescribed by ordinance of the relevant local government. |
| (3) | The Vice Mayors and the Vice Governors who are appointed from among the State public officials in political service or general service as referred to in paragraph (2) shall be appointed by the President, via the Minister of the Interior and Safety, on the recommendation of the competent Mayor/Do Governor. In such cases, the procedure for appointment shall be completed within 30 days from the date of such recommendation, unless there exists any ground for legal disqualification against the recommended person. |
| (4) | The deputy head of a Si/Gun/autonomous Gu shall be appointed from among relevant local public officials in general service, but the class of such post shall be prescribed by Presidential Decree, and he or she shall be appointed by the head of the competent Si/Gun/Gu. |
| (5) | The Vice Mayor and Vice Governor of each City/Do, and the deputy head of a Si/Gun/Gu, respectively, shall assist the head of the competent local government in exercising overall control over all affairs, and directing and supervising the staff under their control. |
| (6) | Where two or three Vice Mayors or Vice Governors are appointed for a City/Do under paragraph (1) 1 and 2, the division of work among them shall be prescribed by Presidential Decree. In such cases, a City/Do with three Vice Mayors or Vice Governors may require that one of them take charge of the affairs of a specific area. |
| Article 124 (Acting for Head of Local Government) |
| (1) | Where the head of a local government falls under any of the following cases, a Vice Governor, a Vice Mayor, or the deputy head of a Si/Gun/Gu (hereafter in this Article referred to as the "deputy head of local government") shall act for the head of the local government: |
| 1. | Where his or her position is vacant; |
| 2. | Where he or she is detained after prosecution was initiated; |
| 3. | Where he or she is hospitalized in a medical institution under the Medical Service Act for at least 60 consecutive days. |
| (2) | Where the head of a local government runs for the election of the head of another local government while retaining his or her position, the deputy head of the local government shall act for the head of the local government from the date of registration as a reserve candidate or candidate to the election day. |
| (3) | Where the head of a local government is unable to perform his or her duties due to a temporary cause such as a business trip or vacation, the vice head of the local government shall act on his or her behalf. |
| (4) | In cases falling under any of paragraphs (1) through (3), where there exist at least two Vice Mayors or Vice Governors in a City/Do, the one designated in the order prescribed by Presidential Decree shall act for the competent Mayor/Do Governor or perform his or her duties on his or her behalf. |
| (5) | Where the deputy head of a local government who is to act for the head of the local government or perform duties on his or her behalf pursuant to paragraphs (1) through (3) is unable to perform the duties due to unavoidable causes, a public official designated by the organizational order determined by the municipal rule of the relevant local government shall act for him or her or perform his or her duties on his or her behalf. |
| Article 125 (Administrative Organs and Public Officials) |
| (1) | Every local government shall have administrative organs and local public officials necessary for the division of its affairs. |
| (2) | The establishment of administrative organs and fixed number of local public officials under paragraph (1) shall be prescribed by ordinances of the local government in accordance with the standards, such as labor costs, as prescribed by Presidential Decree. |
| (3) | The Minister of the Interior and Safety may advise matters necessary for the proper operation of the administrative organs of each local government and fixed number of local public officials and for the balance among local governments. |
| (4) | The appointment, examination, qualification, remuneration, service, guarantee of status, disciplinary action, education, training, etc. of local public officials shall be separately prescribed by statute. |
| (5) | Notwithstanding paragraph (1), every local government may employ State public officials as prescribed by statutes. |
| (6) | Notwithstanding Article 32 (1) through (3) of the State Public Officials Act, the State public officials prescribed in paragraph (5) of Grade V or higher or belonging to the Senior Executive Service shall be appointed by the President, via the relevant Minister, on the recommendation of the head of the competent local government, and the State public officials prescribed in paragraph (5) of Grade VI or lower shall be appointed by the competent Minister on the recommendation of the head of the competent local government. |
SECTION 3 Affiliated Administrative Agencies
| Article 126 (Organizations under Direct Control) |
A local government may, as prescribed by its ordinance, within the scope of affairs under its jurisdiction, establish autonomous police agencies (only applicable to Jeju Special Self-Governing Province), fire service agencies, education and training institutes, health and medical treatment institutions, training and research institutes, counseling institutes for small and medium enterprises, or such other organizations, as subordinate organizations under its direct control, if necessary.
A local government may establish an office by ordinance of the local government as prescribed by Presidential Decree, when the local government deems it necessary to conduct specific affairs efficiently.
| Article 128 (Branch Office) |
A local government may establish a branch office by ordinance of the competent local government as prescribed by Presidential Decree, when the local government deems it necessary for promoting the convenience of remote residents and the development of specific areas.
| Article 129 (Collegiate Administrative Agencies) |
| (1) | If necessary to independently conduct part of its affairs, a local government may establish collegiate administrative agencies, as prescribed by statutes or regulations or by ordinance of the competent local government. |
| (2) | Matters necessary for the establishment and operation of the collegiate administrative agencies as referred to in paragraph (1) shall be prescribed by Presidential Decree or by ordinance of the competent local government. |
| Article 130 (Establishment of Advisory Body) |
"(1) A local government may establish and operate an advisory body (referring to councils or committees for providing solicited advice, consultation, and deliberation on duties under its jurisdiction; hereinafter the same shall apply), within the scope of duties under its jurisdiction as prescribed by statutes or regulations or by ordinance of the relevant local government.
| (2) | No advisory body shall provide advice, deliberation, etc. that restrict the rights of residents or impose obligations on residents beyond the functions and powers prescribed by statutes or regulations or by municipal ordinances. |
| (3) | Matters relating to requirements and procedures for the establishment of advisory bodies, their composition and operation shall be prescribed by Presidential Decree: Provided, That if any other statute or regulation otherwise provides for requirements and procedures for the establishment of advisory bodies that may be established in a local government, their organization and operation, the provisions of such statute or regulation shall apply. |
| (4) | A local government shall not establish or operate an advisory body the nature and functions of which overlap with those of other advisory bodies established in the local government to promote efficiency in operating advisory bodies; but it may, as prescribed by ordinance of the local government, operate an advisory body by incorporating the functions of advisory bodies with similar characteristics and functions. |
| (5) | The head of a local government shall provide an annual report to the relevant local council the current status of the operation of advisory bodies, which is prepared by integrating a plan for the improvement of the advisory bodies, results of measures taken, and others in order to promote efficiency in their operations. |
SECTION 4 Subordinate Administrative Agencies
| Article 131 (Heads of Subordinate Administrative Agencies) |
Each non-autonomous Gu shall be headed by a Gu head; and each Eup, Myeon, and Dong shall also be headed by a Eup head, a Myeon head, and a Dong head. In such cases, a Myeon and a Dong respectively refer to an administrative Myeon and an administrative Dong.
| Article 132 (Appointment of Heads of Subordinate Administrative Agencies) |
| (1) | The head of a non-autonomous Gu shall be appointed by the head of a Si, from among local public officials in general service. |
| (2) | The head of an Eup/Myeon/Dong shall be appointed by the head of the competent Si/Gun/autonomous Gu, from among local public officials in general service. |
| Article 133 (Authority of Heads of Subordinate Administrative Agencies) |
The head of a non-autonomous Gu shall be directed and supervised by the head of the competent Si; the head of an Eup/Myeon, by the head of the competent Si/Gun; and the head of a Dong, by the head of the competent Si (referring to the head of a Si without a Gu) or the head of the competent Gu (including the head of an autonomous Gu), and each of them shall conduct the State affairs and local government affairs within his or her competence and shall direct and supervise his or her subordinates.
| Article 134 (Subordinate Administrative Organs) |
Administrative organs may be placed in non-autonomous Gus, and Eups/Myeons/Dongs to take charge of administrative duties allotted by the competent local government as prescribed by municipal ordinances. In such cases, a Myeon and a Dong respectively refer to an administrative Myeon and an administrative Dong.
SECTION 5 Agencies Relating to Education, Science, and Sports
| Article 135 (Organizations Relating to Education, Science, and Sports) |
| (1) | In order to take charge of the affairs of a local government relating to education, science, and sports, separate organizations shall be established within the local government. |
| (2) | Matters necessary for the structure and operation of the organizations as referred to in paragraph (1) shall be prescribed separately by statute. |
CHAPTER VII FINANCIAL AFFAIRS
SECTION 1 Basic Principles of Financial Management
| Article 136 (Adjustment of Local Government Finance) |
The State and local governments shall endeavor to conduct appropriate financial adjustment between the State and local governments and between local governments to redress imbalance in finance between regions.
| Article 137 (Sound Financial Management) |
| (1) | Local governments shall manage their finances in a sound manner pursuant to the principle of balanced revenues and expenditures. |
| (2) | The State shall promote independence and sound management of local finances, and shall not transfer the State’s obligations to the local governments. |
| (3) | The State shall not burden local governments with expenses for establishment, expansion, relocation, or operation of institutions falling under any of the following: |
| 1. | State administrative agencies and affiliated agencies that are established under the Government Organization Act and other statutes; |
| 2. | Public institutions established under Article 4 of the Act on Management of Public Institutions; |
| 3. | State-invested or State-funded institutions (including incorporated foundations, incorporated associations, etc.); |
| 4. | Institutions established to provide support for facilities, complexes, etc. installed, developed, or managed by the State (including incorporated foundations, incorporated associations, etc.). |
| (4) | Where the State establishes or expands an institution referred to in the subparagraphs of paragraph (3) or selects the location for relocation of such institution, it shall not use the financial burden of the local government as a condition for the selection of the location or a criterion for the selection of the suitable location. |
| Article 138 (Implementation of State Policies) |
| (1) | Local governments shall endeavor to implement policies of the State. |
| (2) | The rate of the State’s subsidy for expenses necessary for implementation of the State policies under paragraph (1) and the rate of expenses borne by local governments therefor shall be prescribed by statutes or regulations. |
| Article 139 (Management of Local Obligations and Claims) |
| (1) | The heads of local governments or the associations of local governments may issue municipal bonds as separately prescribed by statutes. |
| (2) | The heads of local governments may conclude contracts or do other acts that may become a cause for bearing of the obligations by the local governments as separately prescribed by other statutes. |
| (3) | If deemed necessary for the public interest, the heads of local governments may incur surety obligations after obtaining a prior resolution of the relevant local councils. |
| (4) | Unless otherwise prescribed by municipal ordinances or contracts, local governments may not delay the performance of their obligations. |
| (5) | Local governments may not discharge obligations concerning their claims, nor may they change the effects of the obligations without being authorized to do so by statutes or regulations, or municipal ordinances, or by resolutions of the relevant local councils. |
SECTION 2 Budget and Settlement of Accounts
| Article 140 (Fiscal Year) |
The fiscal year of a local government shall begin on the 1st day of January every year and end on the 31st day of December in that year.
| Article 141 (Classification of Accounts) |
| (1) | The accounts of local governments shall be classified into a general account and a special account. |
| (2) | Special accounts may be established by statutes, or by ordinances of the relevant local governments. |
| Article 142 (Compilation of and Resolution on Budget) |
| (1) | In cases of a City/Do, the head of the local government shall compile a budget bill for each fiscal year and submit it to the local council by not later than 50 days before the fiscal year begins; and in cases of a Si/Gun/autonomous Gu, by not later than 40 days beforehand. |
| (2) | The council of a City/Do shall resolve a budget bill under paragraph (1) by not later than 15 days before the fiscal year begins, and the council of a Si/Gun/autonomous Gu shall do so by not later than 10 days before the fiscal year begins. |
| (3) | No local council may increase the amount of each expenditure category in a budget or establish new expense categories without approval from the head of the relevant local government. |
| (4) | Where the head of a local government intends to make partial corrections to the details of a budget bill under paragraph (1) after submitting it to the local council due to unavoidable circumstances, he or she may prepare a revised budget bill and submit it to the local council once again. |
| Article 143 (Continuing Expenditure) |
If necessary to continue to disburse expenses beyond a fiscal year, the head of a local government shall obtain the resolution of the local council with respect to the continuing expenditure after deciding on the total and annual amounts of such expenditure.
| Article 144 (Reserve Fund) |
| (1) | A local government shall appropriate reserve funds in the revenue and expenditure budget, in order to cover unforeseeable expenses not included in its budget or expenses exceeding the budget. |
| (2) | The disbursement of reserve funds shall be approved by the local council in the following year. |
| Article 145 (Revised Supplementary Budget) |
| (1) | If necessary to revise a budget, the head of a local government shall compile a revised supplementary budget bill and obtain a resolution of the local council. |
| (2) | Article 142 (3) and (4) shall apply mutatis mutandis to cases falling under paragraph (1). |
| Article 146 (Execution of Budget When Budget Fails to Be Finalized) |
If a local council fails to decide on a budget bill before the beginning of each fiscal year, the head of the local government may incur expenses for the following purposes in accordance with the previous year’s budget until the new budget bill is approved by the local council:
| 1. | Maintenance and operation of organizations or facilities established by statutes or regulations or by municipal ordinances; |
| 2. | Fulfillment of disbursement obligations under statutes or regulations or by municipal ordinances; |
| 3. | Continuation of projects previously approved in the budget. |
| Article 147 (Budget upon Establishment of Local Government) |
| (1) | Where a local government is newly established by the abolition, establishment, or division of a local government or by the consolidation of local governments, a budget for the relevant local government shall be compiled without delay. |
| (2) | In cases falling under paragraph (1), the head of the relevant local government may incur necessary ordinary revenue and expenditure until the budget is approved. In such cases, such revenue and expenditure shall be included in the budget to be newly approved. |
| Article 148 (Enactment of Municipal Ordinance Imposing Financial Burden) |
Before passing a resolution for an ordinance or agenda item that imposes another financial burden, a local council shall hear from the head of the local government.
| Article 149 (Transfer and Public Notice of Budget) |
| (1) | Once a budget bill is passed, the chairperson of a local council shall transfer it to the head of a local government within three days therefrom. |
| (2) | Upon receipt of a budget transferred under paragraph (1), the head of a local government shall without delay report it to the Minister of the Interior and Safety in the case of a City/Do, or to the competent Mayor/Do Governor in the case of a Si/Gun/autonomous Gu, respectively, and shall give public notice of the details thereof: Provided, That when a request for reconsideration is made under Article 121, this shall not apply. |
| Article 150 (Settlement of Accounts) |
| (1) | The head of a local government shall prepare a statement of settlement of accounts and related documentary evidence within 80 days after the closing of revenue and expenditure, accompanied by a statement of opinion on the inspection given by the inspector appointed by the local council, and shall obtain approval thereof from the local council in the following year. Where any illegality or irregularity is found upon settlement of accounts, the local council shall demand the correction thereof such as compensation or disciplinary action, etc. from the local government or the relevant agency following the resolution of the plenary session; and the local government or the relevant agency shall, without delay, handle the matters the correction of which is demanded and report the result thereof to the local council. |
| (2) | Upon obtaining approval under paragraph (1), the head of the local government shall report it to the Minister of the Interior and Safety in the case of a City/Do, or to the competent Mayor/Do Governor in the case of a Si/Gun/autonomous Gu, respectively, within five days therefrom, and shall give public notice of the details thereof. |
| (3) | Matters necessary for appointing and managing an inspector under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 151 (Settlement of Accounts When Local Government Ceases to Exist) |
| (1) | Revenue and expenditure of a local government that ceases to exist due to the abolition, establishment, or division of a local government, or the consolidation of local governments shall be closed on the date it ceases to exist, and the person who has been the head of the relevant local government shall settle the accounts. |
| (2) | The settlement of accounts under paragraph (1) shall be approved by the local government that has taken over the affairs under Article 150 (1). |
SECTION 3 Revenues and Expenditures
| Article 152 (Local Taxes) |
A local government may impose and collect local taxes as prescribed by statutes.
A local government may collect a user fee for utilization of public facilities or for the use of its property.
| (1) | If a local government provides services for a specific person, the local government may collect fees for such services. |
| (2) | If a local government provides services for a specific person upon delegation by the State or any other local government, it may collect fees for such services. |
| (3) | The fees as referred to in paragraph (2) shall be regarded as revenue for the relevant local government: Provided, That this shall not apply in such cases as otherwise prescribed by any other statute or regulation. |
| Article 155 (Contributions) |
If certain residents receive special benefits from the installation of a local government’s property or public facilities, the local government may collect contributions from the residents benefiting therefrom, to the extent of their benefits.
| Article 156 (Municipal Ordinance for Collection of User Fees) |
| (1) | Matters relating to the collection of user fees, fees, or contributions shall be prescribed by municipal ordinance: Provided, That certain fees that are required to be unified nationwide, among fees charged for the affairs entrusted by the State to local governments or their agencies and fees charged for their autonomous affairs, shall be collected according to the standard amount prescribed by Presidential Decree notwithstanding the provisions of other statutes or regulations; but where a local government intends to collect a different amount, it may do so after adjusting fees by up to 50 percent of the standard amount as prescribed by municipal ordinance. |
| (2) | Municipal ordinances may provide that any person who has been exempt from any user fee, fee, or contribution by fraud or other improper means shall be subject to an administrative fine not exceeding five times the exempt amount and that any person who has misused public facilities shall be subject to an administrative fine not exceeding five hundred thousand won. |
| Article 157 (Imposition and Collection of, and Objection to, User Fees) |
| (1) | User fees, fees, and contributions shall be imposed or collected in an equitable manner. |
| (2) | A person dissatisfied with the imposition or collection of a user fee, fee, or contribution may file an objection with the head of the competent local government within 90 days from the date he or she is notified of such disposition. |
| (3) | Within 60 days from the date of receiving the objection under paragraph (2), the head of the local government shall make a decision thereon and notify the person of the decision. |
| (4) | A person who intends to institute an administrative lawsuit against the imposition or collection of a user fee, fee, or contribution shall file a suit against the agency that has made such disposition as a party within 90 days from the date of receiving a notice of decision referred to in paragraph (3). |
| (5) | If the person is not notified of the decision on his or her objection within the period for decision specified in paragraph (3), he or she may, notwithstanding paragraph (4), institute a lawsuit within 90 days after the lapse of the period for decision. |
| (7) | Where a person liable to pay a user fee, fee, or contribution fails to do so by the payment deadline, the head of the competent local government may collect it in the same manner as delinquent local taxes. |
| Article 158 (Disbursement of Expenses) |
A local government shall be liable to disburse expenses for performing its autonomous affairs and for conducting other affairs entrusted to the local government: Provided, That when the State or a local government entrusts its affairs, it shall bear the associated expenses.
SECTION 4 Property and Public Facilities
| Article 159 (Possession of Property and Establishment of Fund) |
| (1) | If necessary for achieving administrative purposes or advancing the public interest, a local government may possess property (referring to all objects and rights that have property value other than cash) or establish a fund to operate any specific fund. |
| (2) | Matters necessary for the possession of property and the establishment and management of a fund under paragraph (1) shall be prescribed by municipal ordinance. |
| Article 160 (Management and Disposal of Property) |
Any property of a local government may not be exchanged, transferred, or leased, nor may they be used for investment or payment unless it is permitted by statutes or regulations or by municipal ordinances.
| Article 161 (Public Facilities) |
| (1) | A local government may install public facilities to promote the welfare of its residents. |
| (2) | Except as provided in any other statute or regulation, the establishment and management of public facilities under paragraph (1) shall be prescribed by municipal ordinance. |
| (3) | Public facilities as referred to in paragraph (1) may be established outside the jurisdiction of the local government upon the consent of the relevant local government. |
SECTION 5 Supplementary Provisions
| Article 162 (Enactment of Statutes Governing Operation of Local Government Finance) |
Matters necessary for the finance of local governments, other than those prescribed by this Act, shall be separately prescribed by other statutes.
| Article 163 (Establishment and Operation of Local Public Enterprises) |
| (1) | Local governments may establish and operate local public enterprises to promote the welfare of local residents and the efficient performance of projects. |
| (2) | Matters necessary for the establishment and operation of local public enterprises shall be separately prescribed by other statutes. |
CHAPTER VIII RELATIONSHIP AMONG LOCAL GOVERNMENTS
SECTION 1 Cooperation and Dispute Mediation among Local Governments
| Article 164 (Cooperation among Local Governments) |
| (1) | If a local government receives a request for joint conduct of affairs from another local government or a request for consultation, coordination, approval, or support related to the performance of affairs from such local government, it shall cooperate with the local government within the scope of statutes or regulations. |
| (2) | The heads of relevant central administrative agencies may provide assistance necessary for promoting cooperation among local governments. |
| Article 165 (Dispute Mediation among Local Governments) |
| (1) | If a conflict (hereinafter referred to as "dispute") arises between local governments or between the heads of local governments due to different views in conducting affairs, the Minister of the Interior and Safety or the competent Mayor/Do Governor may, upon request of the parties concerned, mediate the dispute, except as otherwise prescribed by any other statute: Provided, That where the dispute substantially undermines the public interest and thus a prompt mediation is deemed necessary, the dispute may be mediated ex officio without any request from the parties concerned. |
| (2) | Where the Minister of the Interior and Safety or the Mayor/Do Governor mediates the dispute pursuant to the proviso of paragraph (1), he or she shall notify in advance the parties concerned of its purport. |
| (3) | Where the Minister of the Interior and Safety or the Mayor/Do Governor intends to mediate the dispute pursuant to paragraph (1), he or she shall make a decision on mediation following a resolution of the Local Government Central Dispute Mediation Committee or the Local Government Local Dispute Mediation Committee under Article 166, after consultation with the heads of related central administrative agencies. |
| (4) | Where the Minister of the Interior and Safety or the Mayor/Do Governor has decided on mediation pursuant to paragraph (3), he or she shall notify, without delay, the head of the relevant local government of the relevant fact, and the head of the local government so notified shall implement the matters determined upon mediation. |
| (5) | The relevant local government shall preferentially compile a budget for any matter requiring budget, among the matters determined upon mediation under paragraph (3). In such cases, annual implementation plans for the matters requiring year-by-year promotion shall be reported to the Minister of the Interior and Safety or the Mayor/Do Governor. |
| (6) | If a local government is deemed to have benefited from the installation of facilities or furnishing of services pursuant to a decision on mediation under paragraph (3), or to have brought about the cause for such installation of facilities or furnishing of services, the Minister of the Interior and Safety or the competent Mayor/Do Governor may require that the local government bear all or part of the expenses for installation or operation of the facilities in compliance with the criteria determined by the Minister of the Interior and Safety. |
| (7) | If the matters determined upon mediation under paragraphs (4) through (6) are not executed faithfully, the Minister of the Interior and Safety or the Mayor/Do Governor may have the relevant local government execute such matters by applying Article 189 mutatis mutandis. |
| Article 166 (Establishment and Organization of Central Dispute Mediation Committee for Local Governments) |
| (1) | In order to deliberate and decide on matters necessary for the mediation of any dispute as provided for in Article 165 (1) and of any matters requiring consultation under Article 173 (1), a central dispute mediation committee for local governments (hereinafter referred to as "central dispute mediation committee") shall be established under the jurisdiction of the Ministry of the Interior and Safety, and a local dispute mediation committee for local governments (hereinafter referred to as the "local dispute mediation committee") under that of each City/Do, respectively. |
| (2) | The central dispute mediation committee shall deliberate and decide on the following: |
| 1. | Disputes among Cities/Dos or the heads thereof; |
| 2. | Disputes among Sis/Guns/autonomous Gus which belong to different Cities/Dos or the heads thereof; |
| 3. | Disputes between Cities/Dos and Sis/Guns/autonomous Gus or among the heads thereof; |
| 4. | Disputes between Cities/Dos and local government associations or among the heads thereof; |
| 5. | Disputes between Sis/Guns/autonomous Gus and local government associations which belong to different Cities/Dos or among the heads thereof; |
| 6. | Disputes among local government associations which belong to different Cities/Dos or the heads thereof. |
| (3) | The local dispute mediation committee shall deliberate and decide on disputes between the local governments and local government associations that do not fall under the subparagraphs of paragraph (2) or among the heads thereof. |
| (4) | The central dispute mediation committee and the local dispute mediation committee (hereinafter referred to as the "dispute mediation committee") shall respectively consist of up to 11 members, including one chairperson each. |
| (5) | The chairperson and five of the members of the central dispute mediation committee shall be appointed or commissioned by the President upon the recommendation of the Minister of the Interior and Safety from among the following persons, and public officials of central administrative agencies determined by Presidential Decree shall become ex officio members: |
| 1. | Those who hold or held the office of associate professor or higher in a university for at least three years; |
| 2. | Those who hold or held the office of judge, prosecutor or lawyer for at least six years; |
| 3. | Other persons who have extensive knowledge of and experience in local autonomous affairs. |
| (6) | The chairperson and five of the members of each local dispute mediation committee shall be appointed or commissioned by the relevant Mayor/Do Governor from among those falling under the subparagraphs of paragraph (5), and public officials of each local government determined by ordinance shall become ex officio members. |
| (7) | The terms of office of the chairperson and members who are not public officials shall be three years, and they may be reappointed: Provided, That the term of office for a member to fill a vacancy shall be the remainder of his or her predecessor's term. |
| Article 167 (Operation of Dispute Mediation Committee) |
| (1) | The dispute mediation committee shall be constituted with the presence of at least seven members including the chairperson, and a resolution shall be adopted by an affirmative vote of at least 2/3 of the members present. |
| (2) | If deemed necessary for the mediation of a dispute, the chairperson of the dispute mediation committee may require that relevant public officials, employees of the local government association, or relevant experts attend a meeting of the committee to hear their opinions or may request relevant bodies or organizations to submit data, opinions, etc. In such cases, he or she shall provide the parties to such dispute with opportunities to state their opinions. |
| (3) | Except as provided in this Act, matters necessary for the organization, operation, etc. of the dispute mediation committee shall be prescribed by Presidential Decree. |
| Article 168 (Entrustment of Affairs) |
| (1) | A local government or the head of the local government may entrust part of the affairs under its jurisdiction to another local government or the head of the local government to perform the affairs. |
| (2) | A local government or the head the local government intending to entrust affairs under paragraph (1) shall establish rules in consultation with the relevant local government and give public notice thereof. |
| (3) | Rules for the entrustment of affairs under paragraph (2) shall include the following matters: |
| 1. | The local government entrusting the affairs and local government entrusted with them; |
| 2. | Details and scope of the entrusted affairs; |
| 3. | Management and handling method of the entrusted affairs; |
| 4. | Methods for bearing and disbursing expenses for the management and handling of the entrusted affairs; |
| 5. | Other matters necessary for the entrustment of affairs. |
| (4) | A local government or the head of the local government intending to change or terminate the entrustment of affairs shall publicly notify such fact after consulting with the relevant local government or the head of the local government. |
| (5) | Where affairs are entrusted, any municipal ordinance or municipal rule on the management and conduct of the entrusted affairs shall also apply to the local government entrusted with the affairs, except as otherwise provided for in the rules for the entrustment of affairs. |
SECTION 2 Administrative Consultative Council
| Article 169 (Organization of Administrative Consultative Council) |
| (1) | Local governments may organize an administrative consultative council (hereinafter referred to as "consultative council") for joint performance of part of any affairs involving two or more local governments. In such cases, if Cities/Dos are the members of such consultative council, the heads of the local governments shall report it to both the Minister of the Interior and Safety and to the heads of relevant central administrative agencies; and if Sis/Guns/autonomous Gus are the members of such consultative council, to the competent Mayor/Do Governor, respectively. |
| (2) | If local governments seek to organize a consultative council, they shall formulate rules through consultations among the relevant local governments, report thereon respectively to the relevant local councils, and give public notice thereof. |
| (3) | The Minister of the Interior and Safety or a Mayor/Do Governor may, if necessary for the public interest, recommend that relevant local governments organize a consultative council. |
| Article 170 (Organization of Consultative Council) |
| (1) | A consultative council shall consist of a chairperson and members. |
| (2) | The chairperson and members shall be elected from among the employees of the competent local governments in accordance with the rules of the consultative council. |
| (3) | The chairperson shall represent the consultative council, convene council meetings, and exercise overall control over its affairs. |
| Article 171 (Rules of Consultative Council) |
The rules of a consultative council shall include the following matters:
| 1. | The name of the consultative council; |
| 2. | Local governments that constitute the consultative council; |
| 3. | Affairs to be managed by the consultative council; |
| 4. | Organization of the consultative council and the method of election of the chairperson and members; |
| 5. | Methods for bearing and disbursing expenses necessary for the operation of the consultative council and the conduct of its affairs; |
| 6. | Other matters necessary for the organization and operation of a consultative council. |
| Article 172 (Request by Consultative Council for Submission of Materials) |
The consultative council may, if deemed necessary for handling its affairs, request that the heads of the relevant local governments submit materials, present their opinions, and provide any other necessary cooperation.
| Article 173 (Mediation of Matters Subject to Consultation) |
| (1) | If the heads of the relevant local governments request mediation of matters that have not been agreed upon by the consultative council, such matters may be mediated by the Minister of the Interior and Safety if such matters are subject to consultation among Cities/Dos, or by the competent Mayor/Do Governor if such matters are subject to consultation among Sis/Guns/autonomous Gus: Provided, That if relevant Sis/Guns/autonomous Gus extend over two or more Cities/Dos, such matters may be mediated by the Minister of the Interior and Safety. |
| (2) | If the Minister of the Interior and Safety or the Mayor/Do Governor intends to conduct mediation under paragraph (1), he or she shall do so in accordance with the resolution of the dispute mediation committee after consultation with the head of the relevant central administrative agency. |
| Article 174 (Effect of Consultation and Affairs Conducted by Consultative Council) |
| (1) | The local governments which have constituted a consultative council shall conduct its affairs in accordance with the decisions made by the consultative council, if any. |
| (2) | Article 165 (3) through (6) shall apply mutatis mutandis to matters mediated by the Minister of the Interior and Safety or a Mayor/Do Governor pursuant to Article 173 (1). |
| (3) | If the consultative council has conducted affairs in the names of the relevant local governments or the heads thereof, such affairs shall be deemed to have been conducted by the competent local governments or the heads thereof. |
| Article 175 (Modification of Rules and Dissolution of Consultative Council) |
If local governments seek to modify the rules of the consultative council or to dissolve the consultative council, Article 169 (1) and (2) shall apply mutatis mutandis.
SECTION 3 Local Government Associations
| Article 176 (Establishment of Local Government Association) |
| (1) | If it is necessary for two or more local governments to jointly conduct one or more affairs, they may establish a local government association after formulating rules and going through resolutions of the relevant respective local councils, with the approval of the Minister of the Interior and Safety in the case of Cities/Dos, or with the approval of the competent Mayor/Do Governor in the case of Sis/Guns/autonomous Gus: Provided, That if Sis/Guns/autonomous Gus that are the members of a local government association extend over two or more Cities/Dos, they may establish it with the approval of the Minister of the Interior and Safety. |
| (2) | The local government association shall be a juristic person. |
| Article 177 (Organization of Local Government Association) |
| (1) | A local government association shall have the board of the local government association, president of the local government association, and clerical personnel. |
| (2) | The members of the board of the local government association, the president of the local government association, and clerical personnel shall be selected and appointed under the rules of the local government association. |
| (3) | Notwithstanding Articles 43 (1) and 109 (1), the members of the relevant local councils and the heads of the relevant local governments may hold concurrent office as members of the board of the local government association or as the president of the local government association. |
| Article 178 (Authority of Board and President of Local Government Association) |
| (1) | The board of a local government association shall deliberate and decide on important affairs of the local government association, as prescribed by rules of the local government association. |
| (2) | The board of the local government association may determine user fees, fees, or contributions for services furnished by the local government association within the extent prescribed by municipal ordinance under Article 156 (1). |
| (3) | The president of the local government association shall represent the local government association, and exercise overall control of its affairs. |
| Article 179 (Rules of Local Government Association) |
The rules of a local government association shall include the following matters:
| 1. | Name of the local government association; |
| 2. | Local governments that constitute the local government association; |
| 3. | Location of the local government association’s office; |
| 4. | Affairs of the local government association; |
| 5. | Organization of the board of the local government association and the method of appointing the members thereof; |
| 6. | Organization of local executive agencies and the appointment method; |
| 7. | Methods for bearing and disbursing expenses necessary for operating and conducting the affairs of the local government association; |
| 8. | Other matters relating to the organization and operation of the local government association. |
| Article 180 (Guidance for and Supervision of Local Government Association) |
| (1) | A local government association whose members are Cities/Dos shall be guided and supervised by the Minister of the Interior and Safety; and a local government association whose members are Sis/Guns/autonomous Gus, primarily by the Mayor/Do Governor and secondarily by the Minister of the Interior and Safety: Provided, That a local government association, the members of which are Sis/Guns/autonomous Gus extending over two or more Cities/Dos, shall be guided and supervised by the Minister of the Interior and Safety. |
| (2) | If necessary for the public interest, the Minister of the Interior and Safety may order the establishment or dissolution of a local government association, or the modification of the rules thereof. |
| Article 181 (Modification of Rules of Local Government Association, and Dissolution Thereof) |
| (1) | In modifying the rules of a local government association or dissolving a local government association, Article 176 (1) shall apply mutatis mutandis. |
| (2) | If a local government association is dissolved, its property shall be disposed of through consultation among the relevant local governments. |
SECTION 4 Consultative Bodies of Heads of Local Governments
| Article 182 (Consultative Bodies of Heads of Local Governments) |
| (1) | The heads of local governments or the chairpersons of local councils may establish each national consultative body according to the following classification in order to promote mutual exchange and cooperation and to discuss common issues: |
| 2. | Chairpersons of City/Do councils; |
| 3. | Heads of Sis/Guns/autonomous Gus; |
| 4. | Chairpersons of the councils of Sis/Guns/autonomous Gus. |
| (2) | The national consultative bodies established under the subparagraphs of paragraph (1) may establish a federation of local governments in which all of them participate. |
| (3) | When a consultative body under paragraph (1) or a federation under paragraph (2) is established, the representative of such consultative body or federation shall report thereon to the Minister of the Interior and Safety without delay. |
| (4) | The consultative body under paragraph (1) or the federation under paragraph (2) may submit its opinion on statutes or regulations, etc. that have a direct impact on local autonomy to the Minister of the Interior and Safety, who then shall notify the heads of the relevant central administrative agencies thereof. |
| (5) | The head of the relevant administrative agency shall examine the appropriateness of the opinion notified under paragraph (4) and inform the Minister of the Interior and Safety of the results thereof within two months from the date of receipt of the notice, and the Minister so informed shall notify the consultative body or the federation of the results of the examination without delay. In such cases, if the head of the relevant central administrative agency deems that the opinion is not appropriate after examination, he or she shall provide his or her opinion with specific grounds and details, and if he or she deems the opinion appropriate, he or she shall provide active cooperation to ensure that such details are reflected in relevant statutes or regulations. |
| (6) | Where the consultative body established under paragraph (1) or the federation established under paragraph (2) deems it necessary to enact, amend, or repeal any statute related to local autonomy, it may submit its written opinion to the National Assembly. |
| (7) | Reporting on the establishment and operation of consultative bodies under paragraph (1) or the federation under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER IX RELATIONSHIPS BETWEEN THE STATE AND LOCAL GOVERNMENTS
| Article 183 (Duty of the State and Local Governments to Cooperate) |
The State and local governments shall cooperate in providing balanced public services to residents and balanced development of all regions.
| Article 184 (Guidance and Support for Affairs of Local Governments) |
| (1) | The heads of central administrative agencies or Mayors/Do Governors may offer advice, recommendation, or guidance to local governments for their affairs; and request local governments to submit materials necessary therefor. |
| (2) | The State or Cities/Dos may provide local governments with financial or technical support, where deemed necessary to help such local governments conduct their affairs. |
| (3) | The head of a local government may submit his or her opinion to the head of a central administrative agency or the Mayor/Do Governor in connection with advice, recommendation, or guidance referred to in paragraph (1). |
| Article 185 (Guidance for and Supervision of Conducting State Affairs or City/Do Affairs) |
| (1) | In conducting State affairs delegated to a local government or the head thereof, a City/Do shall be guided and supervised by the competent Minister and a Si/Gun/autonomous Gu shall be guided and supervised primarily by the Mayor/Do Governor and secondarily by the competent Minister. |
| (2) | A Si/Gun/autonomous Gu or the head thereof shall be guided and supervised by the Mayor/Do Governor in conducting City/Do affairs upon delegation. |
| Article 186 (Establishment of Central and Local Government Cooperation Council) |
| (1) | A Central and Local Government Cooperation Council shall be established to promote cooperation between the State and the local governments and to deliberate on important policies related to the development of local autonomy and balanced regional development. |
| (2) | Matters relating to the organization and operation of the Central and Local Government Cooperation Council under paragraph (1) shall be separately prescribed by statute. |
| Article 187 (Consultation and Coordination between Central Administrative Agencies and Local Governments) |
| (1) | Where the heads of central administrative agencies and the heads of local governments have different opinions in conducting affairs, an Administrative Consultation and Mediation Committee shall be established under the Office of the Prime Minister for consultation and mediation. |
| (2) | The Administrative Consultation and Mediation Committee shall consist of up to 13 members, including one Chairperson. |
| (3) | The members of the Administrative Consultation and Mediation Committee shall consist of the following persons, and the Chairperson shall be commissioned by the Prime Minister from among the commissioned members falling under subparagraph 3: |
| 1. | The Minister of Economy and Finance, the Minister of the Interior and Safety, the head of Office for Government Policy Coordination, and the Minister of Government Legislation; |
| 2. | The head of a central administrative agency related to an agenda item and a person designated by the Chairperson from among Mayors/Do Governors; |
| 3. | Four other persons commissioned by the Prime Minister from among those with extensive knowledge of and experience in local autonomy. |
| (4) | Except as provided in paragraphs (1) through (3), matters relating to the organization, operation, etc. of the Administrative Consultation and Mediation Committee shall be prescribed by Presidential Decree. |
| Article 188 (Correction of Unlawful or Unjust Orders or Dispositions) |
| (1) | If an order or disposition regarding the affairs of a local government issued by the head of the local government (referring to the chairperson of a local council in cases of affairs falling under Article 103 (2); hereafter in this Article the same shall apply) violates a statute or regulation or is deemed to undermine the public interest because such order or disposition is significantly unjust, in cases of a City/Do, the competent Minister shall order the City/Do, in writing, to correct its order or disposition within a specified period; and in cases of a Si/Gun/autonomous Gu, the Mayor/Do Governor shall order the Si/Gun/autonomous Gu, in writing, to correct its order or disposition within a specified period; but If the City/Do or the Si/Gun/Gu fails to comply with such corrective order within such period, its order or disposition may be revoked or suspended. |
| (2) | If an order or disposition regarding the affairs of a local government issued by the head of a Si/Gun/autonomous Gu violates a statute or regulation or is deemed to undermine the public interest because the order or disposition is significantly unjust, but the Mayor/Do Governor fails to issue a corrective order required under paragraph (1), the competent Minister may order that the Mayor/Do Governor issue a corrective order within a specified period. |
| (3) | If the City/Do Mayor fails to issue a corrective order within the specified period under paragraph (2), the competent Minister may directly order, in writing, within seven days after the lapse of the period specified in paragraph (2), that the head of the Si/Gun/autonomous Gu make a correction within a specified period, and if the head of the Si/Gun/autonomous Gu fails to comply with the order within the specified period, the competent Minister may revoke or suspend the order or disposition issued by the head of the Si/Gun/Gu. |
| (4) | If the City/Do Mayor fails to revoke or suspend the order or disposition issued by the head of the Si/Gun/autonomous Gu for his or her failure to comply with the corrective order issued by the City/Do Mayor under paragraph (1), the competent Minister shall order the Mayor/Do Governor to revoke or suspend the order or disposition issued by the head of the Si/Gun/autonomous Gu within a specified period, and the competent Minister may directly revoke or suspend the order or disposition issued by the head of the Si/Gun/autonomous Gu if the City/Do Mayor fails to comply with the Minister's order within the specified period. |
| (5) | Corrective order, revocation, or suspension by the competent Minister or the competent Mayor/Do Governor against an order or disposition regarding autonomous affairs under paragraphs (1) through (4) shall be limited to those in violation of a statute or regulation. |
| (6) | If the head of a local government is dissatisfied with the revocation or suspension of an order or a disposition issued relation to autonomous affairs under paragraph (1), (3), or (4), he or she may file a lawsuit with the Supreme Court within 15 days from the date he or she is notified of such revocation or suspension. |
| Article 189 (Order to Perform Duties to Heads of Local Governments) |
| (1) | Where the head of a local government is deemed to clearly negligent in managing and executing affairs delegated by the State or a City/Do, which fall under his or her duties pursuant to statutes or regulations, he or she may be ordered, in writing, to perform such duties within a specified period, by the competent Minister in the case of a City/Do or by the Mayor/Do Governor in the case of a Si/Gun/autonomous Gu. |
| (2) | If the head of the relevant local government fails to implement such order in such period under paragraph (1), the competent Minister or Mayor/Do Governor may vicariously perform the order or take necessary administrative or financial measures (hereafter in this Article referred to as "vicarious administrative execution, etc.") at the expense of such local government. In such cases, the Administrative Vicarious Execution Act shall apply mutatis mutandis to vicarious administrative execution. |
| (3) | Where the Mayor/Do Governor fails to issue an implementation order under paragraph (1), despite that the head of a Si/Gun/autonomous Gu is deemed to clearly neglect the management and execution of the affairs delegated by the State, which fall under his or her duties pursuant to statutes or regulations, the competent Minister may order the Mayor/Do Governor to issue such order within a specified period. |
| (4) | If the Mayor/Do Governor fails to issue an implementation order within the period under paragraph (3), the competent Minister shall directly order, within seven days after the lapse of such period, the head of the relevant Si/Gun/autonomous Gu to perform such duties, and if the head fails to comply with the Minister's order, the competent Minister may directly perform vicarious execution, etc. |
| (5) | Where the Mayor/Do Governor fails to perform vicarious execution despite that the head of the Si/Gun/autonomous Gu has failed to implement the order issued by the Mayor/Do Governor under paragraph (1), the competent Minister shall order the Mayor/Do Governor to perform vicarious execution within a specified period, and the Mayor/Do Governor fails to perform vicarious execution within the specified period, the competent Minister may directly perform vicarious execution, etc. |
| (6) | If the head of a local government has an objection to an implementation order issued under paragraph (1) or (4), he or she may file a lawsuit with the Supreme Court within 15 days from the date of receipt of the implementation order. In such cases, the head of the local government may apply for a decision on suspension of execution that suspends the execution of such implementation order. |
| Article 190 (Inspection of Autonomous Affairs of Local Governments) |
| (1) | The Minister of the Interior and Safety or a Mayor/Do Governor may receive reports on autonomous affairs of local governments or inspect their documents, books, or accounts. In such cases, inspection shall be limited to violations of any statute or regulation. |
| (2) | Before conducting an inspection under paragraph (1), the Minister of the Interior and Safety or the Mayor/Do Governor shall ascertain as to whether the relevant affairs have been conducted in violation of any statute or regulation. |
| Article 191 (Inspection Procedures for Local Governments) |
| (1) | Except in cases prescribed by Presidential Decree, such as where new facts appear and important matters are omitted for an issue which already underwent inspection by the Board of Audit and Inspection, the competent Minister, the Minister of the Interior and Safety, or Mayors/Do Governors shall exempt it from inspection and shall utilize the findings of the previous inspection. |
| (2) | When the competent Minister and the Minister of the Interior and Safety intend to perform an inspection falling under either of the following subparagraphs, they may conduct a joint inspection during the same period in order to lessen the burden of local governments stemming from such inspection and to increase the efficiency of the inspection: |
| 1. | Inspection of affairs entrusted by the competent Minister pursuant to Article 185; |
| 2. | Inspection of autonomous affairs by the Minister of the Interior and Safety pursuant to Article 190. |
| (3) | Matters relating to procedures, methods, etc. for inspection under Articles 185 and 190, and paragraph (2) of this Article shall be prescribed by Presidential Decree. |
| Article 192 (Reconsideration of Local Council Resolutions and Filing of Lawsuit) |
| (1) | If a local council resolution is deemed to violate any statute or regulation or significantly harm the public interest, the competent Minister may instruct that the head of the relevant local government instruct the local council to reconsider such resolution in the case of a City/Do, and the Mayor/Do Governor may do so in the case of a Si/Gun/autonomous Gu; and the head of the relevant local government so instructed shall request that the local council reconsider such resolution, stating the reasons therefor, within 20 days from the date of receipt of such resolution. |
| (2) | Notwithstanding that a resolution of the council of a Si/Gun/Gu is deemed to violate any statute or regulation, where the Mayor/Do Governor fails to provide the instruction under paragraph (1) to the head of the relevant local government, the competent Minister may directly instruct that the relevant Si/Gun/Gu request the local council to reconsider such resolution, and the head of the relevant Si/Gun/Gu so instructed shall request the local council to reconsider such resolution, stating the reasons therefor, within 20 days from the date of receipt of such resolution. |
| (3) | Upon reconsideration in response to the request made under paragraph (1) or (2), if the local council adopts the same resolution with the presence of a majority of the incumbent council members and an affirmative vote of at least 2/3 of those present, such resolution shall become final. |
| (4) | If the head of a local government deems that such resolution adopted once again pursuant to paragraph (3) violates any statute or regulation, he or she may file a lawsuit with the Supreme Court within 20 days from the date the resolution is adopted again. In such cases, the head of the local government may apply for a decision on suspension of execution that suspends the execution of such resolution, if deemed necessary. |
| (5) | Where the head of the relevant local government fails to file a lawsuit although the readopted resolution is deemed to violate a statute or regulation, the competent Minister may instruct the head of such local government to file a lawsuit or may directly file a lawsuit and apply for a decision on suspension of execution in the case of a City/Do, and the Mayor/Do Governor (where the competent Minister directly instructs to make a request for reconsideration under paragraph (2), referring to the competent Minister; hereafter in this Article the same shall apply) may do so in the case of a Si/Gun/Gu. |
| (6) | An instruction to file a lawsuit under paragraph (5) shall be given within seven days after the lapse of the period under paragraph (4), and the head of the relevant local government shall file a lawsuit within seven days from the date of receipt of such instruction. |
| (7) | The competent Minister or the Mayor/Do Governor may directly file a lawsuit and apply for a decision on suspension of execution under paragraph (5) within seven days after the lapse of the period under paragraph (6). |
| (8) | Where the head of the local government, in receipt of an instruction from the competent Minister or the Mayor/Do Governor to make a request for reconsideration on the ground that a resolution of the relevant local council is deemed to violate any statute or regulation under paragraph (1) or (2), fails to make a request for reconsideration (including where a resolution of the relevant local council violating a statute or regulation is a municipal ordinance bill, which was promulgated before the instruction to make a request for reconsideration is given), the competent Minister or Mayor/Do Governor may directly file a lawsuit with the Supreme Court and apply for a decision on suspension of execution within seven days after the lapse of the period under paragraph (1) or (2). |
| (9) | Where two or more Ministries are involved in a resolution of a local council under paragraph (1) or (2) or in the matters resolved once again under paragraph (3), or where it is unclear who the competent Minister is in relation thereto, the Minister of the Interior and Safety may make a request for reconsideration or give an instruction to make a request for reconsideration, or may file a lawsuit directly and apply for a decision on suspension of execution. |
CHAPTER X INTERNATIONAL EXCHANGES AND COOPERATION
| Article 193 (Roles of Local Governments) |
Local governments may promote cooperation with foreign local governments, private organizations, and international organizations (including intergovernmental organizations, such as the United Nations and its subsidiary organs and specialized agencies; quasi-intergovernmental organizations, such as inter-local governmental organizations; and international non-governmental organizations: hereinafter the same shall apply) to enhance international exchanges, cooperation, trade, and investment insofar as they do not conflict with foreign and trade policies of the State.
| Article 194 (Support to International Organizations by Local Governments) |
Local governments may dispatch public officials to international organizations or subsidize necessary expenses, such as operating expenses, to support the establishment, attraction, or activities of international organizations.
| Article 195 (Establishment and Operation of Overseas Offices) |
| (1) | Local governments may jointly establish overseas offices, solely or jointly through cooperation among local governments, in necessary places to conduct affairs relating to international exchanges and cooperation and other affairs. |
| (2) | Local governments shall endeavor to ensure that overseas offices are operated efficiently. |
CHAPTER XI ADMINISTRATIVE SPECIAL CASES OF SEOUL SPECIAL METROPOLITAN CITY AND OTHER LARGE CITIES, AND SEJONG SPECIAL SELF-GOVERNING CITY AND JEJU SPECIAL SELF-GOVERNING PROVINCE
| Article 196 (Financial Resources of Autonomous Gu) |
The Special Metropolitan City Mayor or Metropolitan City Mayors shall coordinate financial resources among the autonomous Gus falling within the jurisdiction of the relevant local government as prescribed by the Local Finance Act.
| Article 197 (Recognition of Special Cases) |
| (1) | Recognition of special case may be granted to the Seoul Special Metropolitan City in terms of its status, organization, and operation, in consideration of its distinctiveness as a capital city, as prescribed by statute. |
| (2) | Recognition of special case may be granted respectively to Sejong Special Self-Governing City and Jeju Special Self-Governing Province, in terms of their status, organization, and public administration, financial operation, etc., in consideration of the distinctive administrative systems, as prescribed by statute. |
| Article 198 (Recognition of Special Case for Large Cities) |
| (1) | Pursuant to relevant statutes, recognition of special case may be granted to large cities with a population of at least 500 thousand persons, other than Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities, in terms of the public administration, financial operation, and guidance and supervision by the State, in consideration of their characteristics. |
| (2) | Notwithstanding paragraph (1), recognition of special cases may be additionally granted pursuant to relevant statutes, to any of the following large cities and Sis/Guns/Gus, with regard to the administration, financial operation, and guidance and supervision by the State, other than Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities, as prescribed by relevant statutes, in consideration of their characteristics: |
| 1. | A large city with a population of at least one million persons (hereinafter referred to as "Special Si"); |
| 2. | A Si/Gun/Gu designated by the Minister of the Interior and Safety in accordance with the standards and procedures prescribed by Presidential Decree in consideration of actual administrative demand, balanced national development, local extinction crisis, and other issues. |
| (3) | The criteria for the recognition of the population in large cities with a population of at least 500 thousand persons under paragraph (1) and Special Sis under paragraph (2) 1 shall be prescribed by Presidential Decree. |
CHAPTER XII SPECIAL-PURPOSE LOCAL GOVERNMENT
| Article 199 (Establishment) |
| (1) | Where two or more local governments need to jointly conduct affairs for a specific purpose, a special-purpose local government may be established. In such cases, the local governments constituting the special-purpose local government (hereinafter referred to as "constituent local governments") shall formulate rules by mutual consultation and obtain approval of the rules from the Minister of the Interior and Safety, following resolutions by the respective local councils. |
| (2) | When the Minister of the Interior and Safety approves the rules under the latter part of paragraph (1), he or she shall notify the heads of relevant central administrative agencies or the competent Mayors/Do Governors of such fact. |
| (3) | A special-purpose local government shall be a juristic person. |
| (4) | Where it is necessary to entrust certain affairs of the State or a City/Do for the establishment of a special-purpose local government, the heads of relevant constituent local governments may request that the head of the relevant central administrative agency or the competent Mayor/Do Governor entrust the affairs. |
| (5) | When the Minister of the Interior and Safety approves the rules which provide for the entrustment of any affairs of the State or a City/Do, the Minister shall have prior consultation with the head of the relevant central administrative agency or the competent Mayor/Do Governor. |
| (6) | Upon obtaining approval of the rules from the Minister of the Interior and Safety under the latter part of paragraph (1), the heads of the constituent local governments shall give public notice of the details thereof without delay. In such cases, where the head of such constituent local government is the head of a Si/Gun/autonomous Gu, he or she shall notify the competent Mayor/Do Governor of the matters approved. |
| Article 200 (Recommendation for Establishment) |
The Minister of Public Administration and Security may, if deemed necessary for the public interest, recommend relevant local governments to establish or dissolve a special-purpose local government or to modify the rules of a special-purpose local government. In such cases, if the recommendation of the Minister of the Interior and Safety includes the entrustment of certain affairs of the State or a City/Do, the Minister shall have prior consultation with the head of the relevant central administrative agency or the competent Mayor/Do Governor.
| Article 201 (Jurisdiction) |
The jurisdiction of a special-purpose local government shall be the sum of the jurisdictions of the constituent local governments: Provided, That where the affairs of a special-purpose local government are related only to part of the jurisdictions of the constituent local governments or there are other special circumstances, only the part of the jurisdictions of the constituent local governments may be deemed the jurisdiction of the relevant special-purpose local government.
SECTION 2 Rules and Organization of Organs
| (1) | The rules of a special-purpose local government shall include the following matters within the scope of statutes or regulations: |
| 1. | The purpose of the special-purpose local government; |
| 2. | The name of the special-purpose local government; |
| 3. | The constituent local governments; |
| 4. | The jurisdiction of the special-purpose local government; |
| 5. | The location of the office of the special-purpose local government; |
| 6. | The Affairs of the special-purpose local government; |
| 7. | Matters to be included in a master plan for conducting the affairs of the special-purpose local government; |
| 8. | The composition and operation of the local council of the special-purpose local government, and the method of electing members thereof; |
| 9. | The composition and operation of executive agencies of the special local government and the method of electing a head thereof; |
| 10. | The method of bearing and disbursing expenses necessary for the operation of the special-purpose local government and the conduct of its affairs; |
| 11. | The date the special-purpose local government commences the conducts of its affairs; |
| 12. | Other matters necessary for the organization and operation of the special-purpose local government. |
| (2) | Where the heads of constituent local governments intend to change the rules referred to in paragraph (1), they shall obtain approval from the Minister of the Interior and Safety, following resolutions by the respective local councils of the constituent local governments. In such cases, Article 199 (4) and (5) shall apply mutatis mutandis to the entrustment of certain affairs of the State or the relevant City/Do. |
| (3) | Where the heads of constituent local governments have obtained approval from the Minister of the Interior and Safety pursuant to paragraph (2), they shall give public notice of such fact without delay. In such cases, where the head of such constituent local government is the head of a Si/Gun/autonomous Gu, he/she shall notify the Mayor/Do Governor of the matters approved. |
| Article 203 (Master Plan) |
| (1) | The head of a special-purpose local government shall formulate a master plan to conduct affairs under his or her jurisdiction (hereinafter referred to as "master plan") and obtain a resolution from the council of the special-purpose local government. This shall also apply to any change to such master plan. |
| (2) | Each special-purpose local government shall perform its affairs in accordance with its respective master plan. |
| (3) | Where a constituent local government's conduct of affairs impedes or is likely to impede the implementation of the master plan of the relevant special-purpose local government, the head of the special-purpose local government may request the head of the constituent local government to take necessary measures, following a resolution of the council of the special-purpose local government. |
| Article 204 (Composition of the Council) |
| (1) | The council of a special-purpose local government shall be comprised of council members of the constituent local governments, as prescribed by rules of the special-purpose local government. |
| (2) | Local council members under paragraph (1) may hold concurrent office as council members of the special-purpose local governments, notwithstanding Article 43 (1). |
| (3) | The council of a special-purpose local government shall provide the head of the special-purpose local government with prior notice on important matters as prescribed by Presidential Decree, among agenda items to be decided upon by the council of the special-purpose local government, and the head of the special-purpose local government shall notify the details of the notice to the constituent local governments. This shall also apply to the results of the resolution of the council. |
| Article 205 (Organization of Executive Agencies) |
| (1) | The head of a special-purpose local government shall be elected by the council of the special-purpose local government in accordance with its rules. |
| (2) | Notwithstanding Article 109, the head of a constituent local government may concurrently hold the office of head of the special-purpose local government. |
| (3) | The personnel of the council and executive agencies of a special-purpose local government shall be comprised of local public officials of the special-purpose local government and constituent local governments, as prescribed by its rules. |
| Article 206 (Expenses-Bearing) |
| (1) | Expenses incurred in the operation of a special-purpose local government and the conduct of its affairs shall, as prescribed by its rules, be borne by the constituent local governments in consideration of their population, the scope of benefits from the conduct of such affairs, and other similar matters. |
| (2) | Constituent local governments shall establish and operate a special account for the expenses under paragraph (1). |
| (3) | Where the State or a City/Do delegates its affairs, it may provide financial support necessary for performing such affairs. |
| Article 207 (Notice of Status of Conducting Affairs) |
The head of a special-purpose local government shall notify the status of conducting affairs and other relevant matters to the head of the constituent local governments and the Minister of the Interior and Safety (including a relevant Mayor/Do Governor where such special-purpose local government is comprised only of Sis/Guns/autonomous Gus), as prescribed by Presidential Decree.
| Article 208 (Joining or Withdrawal) |
| (1) | The head of a local government who intends to join or withdraw from a special-purpose local government shall file an application therefor with the head of such special-purpose local government, following a resolution by the relevant local council. |
| (2) | Upon receipt of an application for joining or withdrawal filed under paragraph (1), the head of the special local government shall decide whether to accept such application with the consent of the council of the special purpose local government and, unless there is a compelling reason not to do so, shall respect the opinion of the local government intending to join or withdraw. |
| (3) | Article 199 shall apply mutatis mutandis to the joining and withdrawal under paragraph (2). |
| Article 209 (Dissolution) |
| (1) | If there exists any ground for dissolution of a special-purpose local government, such as achievement of the objectives of its establishment, the constituent local governments shall dissolve the special-purpose local government after obtaining approval thereof from the Minister of the Interior and Safety through a resolution of the relevant local council. |
| (2) | Where a special local government is dissolved pursuant to paragraph (1), the constituent local governments shall dispose of the property of the special-purpose local government through mutual consultation and relocate its affairs and personnel, and when it is entrusted with the affairs of the State or the City/Do, the constituent local governments shall consult with the head of the relevant central administrative agency or the relevant Mayor/Do Governor: Provided, That if no agreement is reached, the Minister of the Interior and Safety may mediate the case at the request of the parties. |
| Article 210 (Application Mutatis Mutandis of Provisions on Local Governments) |
The provisions on Cities/Dos shall apply mutatis mutandis to a special-purpose local government that consists of Cities/Dos, a City/Do and a Si/Gun/autonomous Gu, or Sis/Guns/autonomous Gus extending over two or more Sis/Dos; and the provisions on Sis/Guns/autonomous Gus shall apply mutatis mutandis to a special-purpose local government that consists of Sis/Guns/autonomous Gus: Provided, That this shall not apply to the provisions of Article 3, Section 2 of Chapter I, Articles 11 through 14, Article 17 (3), Article 25, Chapter IV, Article 38, Article 39, Article 40 (1) 1 and 2, Article 40 (3), Article 41, Sub-Section 1 of Section 1 of Chapter VI, Articles 106 through 108, and Article 110, the latter part of subparagraph 2 of Article 112, subparagraph 3 of Article 112, Article 123, Article 124, and Section 3 (excluding Article 130) of Chapter VI through Section 5, Article 152, Article 166, Article 167, and Sections 2 through 4 of Chapter VIII, and Chapter 11.
| Article 211 (Relationship to Other Statutes) |
| (1) | References in other statutes to a local government or to the head of a local government shall be deemed to, respectively, refer to a special-purpose local government or to the head of a special-purpose local government, for the purpose of conducting the affairs prescribed by the rules under Article 202 (1). |
| (2) | References in other statutes to a City/Do or to a Mayor/Do Governor shall be deemed to, respectively, refer to a special-purpose local government that consists of Cities/Dos, a City/Do and a Si/Gun/autonomous Gu, or Sis/Guns/autonomous Gus extending over two or more Cities/Dos or to the head of such special-purpose local government, for the purpose of conducting the affairs prescribed by the rules under Article 202 (1). |
"(3) References in other statutes to the head of a Si/Gun/autonomous Gu or to the head of a Si/Gun/autonomous Gu shall be deemed to, respectively, refer to the head of a special-purpose local government that consists of Sis/Guns/Gus under the jurisdiction of the same City/Do or to the head of such special-purpose local government, respectively, for the purpose of conducting the affairs prescribed by the rules under Article 202 (1).
ADDENDA <Act No. 17893, Jan. 12, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Decision on Local Government to Which Reclaimed Land Will Belong)
Article 3 (Applicability to Prohibition of Subordinate Legislation Limiting Scope of Enactment of Municipal Ordinance)
The amended provisions of Article 28 (2) shall begin apply to any subordinate statute or regulation enacted or amended after this Act enters into force. Article 4 (Applicability to Illegal or Unreasonable Order or Disposition Issued by Head of Local Government)
| (1) | The amended provisions of Article 188 (2) shall apply to orders or dispositions issued or rendered by the head of a Si/Gun/autonomous Gu and after this Act enters into force.(2) The amended provisions of Article 192 (2) shall begin to apply where the council of any Si/Gun/autonomous Gu adopts a resolution after this Act enters into force.Article 5 (Special Cases concerning Requests for Inspections)Where the criteria for the number of residents requesting an inspection, which are prescribed by ordinance of the relevant local government as at the time this Act enters into force, fail to comply with the criteria specified in the amended provisions of Article 21 (1), a request for inspection under the amended provisions of Article 21 may be filed with the joint signatures of residents of at least 18 years old classified as follows until a municipal ordinance meeting such criteria is enacted or any relevant municipal ordinance is amended to meet such criteria:1. Cities/Dos: At least 300persons; |
| 2. | Large cities with a population of at least 500,000 persons: At least 200persons; |
| 3. | Other Sis/Guns/autonomous Gus: At least 150 persons.Article 6 (Special Cases concerning Number of Experts Specializing in Policy Support) Where a local council employs experts specializing in policy support, the number of such experts shall not exceed 1/4 of the fixed number of local council members until December 31, 2022 and 1/2 of the fixed number of local council members until December 31, 2023.Article 7 (General Transitional Measures) |
Any act done by or in relation to an administrative agency under the previous provisions of this Act as at the time this Act enters into force shall be deemed an act done by or in relation to an administrative agency under this Act if this Act includes any provisions corresponding thereto.
Article 8 (Transitional Measures concerning Effect of Municipal Ordinances)
Ordinances and rules of local governments in force as of May 1, 1988 when the amended Local Autonomy Act (Act No. 4004) enters into force shall be deemed to have been enacted in accordance with that Act. Article 9 (Transitional Measures concerning Administrative Agencies)
The administrative agencies established pursuant to the previous statutes or regulations, municipal ordinances, or municipal rules as of May 1, 1988 when the amended Local Autonomy Act, (Act No. 4004) enters into force shall be deemed to have been established in accordance with that Act. Article 10 (Transitional Measures concerning Status of Public Officials)
Any public official, for whom changes are made to the appointment manner or person with appointment authority under the amended Local Autonomy Act (Act No. 4004), shall be deemed to have been appointed in accordance with that Act. Article 11 (Transitional Measures concerning Subordinate Administrative Organs)
Administrative organs established under Article 111 of the previous Local Autonomy Act (referring to such Act as in effect before having been amended by Act No. 7846) before January 11, 2006, which is the enforcement date of the amended Local Autonomy Act, shall be deemed effective until new municipal ordinances governing the establishment of such administrative organs are enacted and enter into force. Article 12 (Transitional Measures concerning Decision on Local Government to Which Reclaimed Land Will Belong)
Notwithstanding the amended provisions of Article 5 (6) through (11), the previous provisions shall apply where an application for a decision on a local government to which an area referred to in the subparagraphs of previous Article 4 (3) will belong has been filed before this Act enters into force.Article 13 (Transitional Measures concerning Boundary Changes) Notwithstanding the amended provisions of Article 6, the previous provisions shall apply where an agreement is reached to change a boundary under the previous provisions of Article 4 before this Act enters into force. Article 14 (Transitional Measures concerning Requests for Enactment, Amendment, or Repeal of Municipal Ordinances)
The previous provisions shall apply to requests for the enactments, amendments, or repeals of municipal ordinances until the statutes under the amended provisions of Article 19 (2) enter into force. Article 15 (Transitional Measures concerning Period for Requesting Inspection)
Notwithstanding the amended provisions of Article 21 (3), the previous provisions shall apply where two years have elapsed from the date the relevant affairs were conducted or completed as at the time this Act enters into force. Article 16 (Transitional Measures concerning Compensation for Injury or Death of Local Council Members)
Notwithstanding the amended provisions of Article 42, the previous provisions shall apply to the payment of compensation to local council members who suffer bodily injury or die before this Act enters into force or who die due to a disease caused by such injury or duties. Article 17 (Transitional Measures concerning Prohibition of Concurrent Office-Holding by Local Council Members)
| (1) | The chairperson of a local council shall take measures referred to in the amended provisions of Article 43 (4) within six months from the date this Act enters into force against a local council member who has filed with him or her a report on the holding of concurrent offices under previous Article 35 (3) before this Act enters into force and who still holds concurrent offices as at the time this Act enters into force. |
| (2) | The chairperson of a local council shall take measures referred to in the amended provisions of Article 43 (6) within six months from the date this Act enters into force against a local council member who has not retired under the amended provisions of Article 43 (5) or a local council member deemed in violation of Article 44 (2), from among local council members subject to prohibition on concurrent office-holding under the amended provisions of Article 43 (5) as at the time this Act enters into force. |
Article 18 (Transitional Measures concerning Requests to Convene Special Meetings)
The previous provisions shall apply to a request for the convocation of an extraordinary session and the proposal of a bill until ordinances of the relevant local government are enacted or amended pursuant to the amended provisions of Articles 54 (3) and 76 (1). Article 19 (Transitional Measures concerning Disciplinary Action against Local Council Members)
Notwithstanding the amended provisions of Articles 98 and 99, the previous provisions shall apply where the chairperson of a local council refers a request for disciplinary action against its member to a plenary session before this Act enters into force. Article 20 (Transitional Measures concerning Clerical Personnel of Local Council)
Acts done by the head of a local government against clerical personnel of a local council in relation to appointment, dismissal, education, training, service, disciplinary actions, etc. as at the time this Act enters into force shall be deemed acts done by the chairperson of the local council pursuant to the amended provisions of Article 103 (2). Article 21 (Transitional Measures concerning Scope of Application of Previous Addenda)
The previous Addenda provided for in the amended provisions of the previous Local Autonomy Act shall continue to apply even after this Act enters into force to the extent that they do not violate the provisions of this Act, except where the effect thereof has already been lost before this Act enters into force. Article 22 Omitted.
Article 23 (Relationship to Other Statutes or Regulations)
References in other statutes or regulations to the provisions of the previous Local Autonomy Act as at the time this Act enters into force shall be deemed to refer to the corresponding provisions of this Act in lieu of the previous provisions, if such corresponding provisions exist in this Act.
ADDENDA <Act No. 18049, Apr. 13, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 18092, Apr. 20, 2021>
ADDENDUM <Act No. 18497, Oct. 19, 2021>
ADDENDA <Act No. 18661, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That ...<omitted>... Article 7 (27) of the Addenda shall enter into force on January 13, 2022. Articles 2 through 8 Omitted.
ADDENDA <Act No. 19241, Mar. 21, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.