The purpose of this Act is to prescribe matters necessary for residents' requests for the enactment, amendment, and repeal of municipal ordinances under Article 19 of the Local Autonomy Act to ensure residents' direct participation and to promote the democracy and accountability of local autonomous administration.
| Article 2 (Persons Entitled to Make Residents’ Ordinance-Related Requests) |
Any of the following residents, aged 18 years or older (excluding disfranchised persons under Article 18 of the Public Official Election Act; hereinafter referred to as “persons entitled to make requests”) may request the council of a relevant local government (hereinafter referred to as "local council") to enact, amend, or repeal its ordinance (hereinafter referred to as "residents’ ordinance-related request"). | 1. | A person who is registered as a resident within the jurisdiction of the relevant local government; |
| 2. | A person listed in the register of aliens of the relevant local government pursuant to Article 34 of the Immigration Act as an alien, for whom three years have elapsed since the date of acquiring the status of stay permitting permanent residency under Article 10 of that Act. |
| Article 3 (Ensuring the Right to Make Residents’ Ordinance-Related Requests) |
| (1) | The State and local governments shall take necessary measures to ensure that persons entitled to make requests can file residents’ ordinance-related requests with a relevant local council. |
| (2) | A local government shall establish and operate an information system, as determined by the Minister of the Interior and Safety, to allow residents entitled to make requests to file residents’ ordinance-related requests electronically. In such cases, the Minister of the Interior and Safety may provide support necessary for the establishment and operation of the information system. |
| (3) | The State and local governments shall publicize the requirements for filing residents’ ordinance-related requests, as well as the methods and procedures for participating in and affixing signatures to these requests, to facilitate the filing of residents' ordinance-related requests. <Newly Inserted on Aug. 16, 2023> |
[Title Amended on Aug. 16, 2023]
| Article 4 (Matters Excluded from Residents’ Ordinance-Related Requests) |
The following matters shall be excluded from residents’ ordinance-related requests:
| 1. | Matters violating any statutes or regulations; |
| 2. | Matters regarding the imposition, collection, or reduction of, or exemption from, local taxes, user fees, service charges, or charges; |
| 3. | Matters regarding the establishment or modification of administrative organs; |
| 4. | Matters regarding opposition against the establishment of public facilities. |
| Article 5 (Requirements for Residents’ Ordinance-Related Requests) |
| (1) | If persons entitled to make requests intend to make a residents’ ordinance-related request, they shall jointly sign the request, meeting the following minimum criteria in terms of the number of persons entitled to make requests which are prescribed by ordinance of the relevant local government: |
| 1. | For the Special Metropolitan City, or a Metropolitan City/Do with a population of at least eight million: 1/200 of the total number of persons entitled to make requests; |
| 2. | For a Metropolitan City/Do with a population of less than eight million, a Special Self-Governing City, a Special Self-Governing Province, or a Si with a population of at least one million: 1/150 of the total number of persons entitled to make requests; |
| 3. | For a Si/Gun/autonomous Gu with a population of at least 500,000 but less than one million: 1/100 of the total number of persons entitled to make requests; |
| 4. | For a Si/Gun/autonomous Gu with a population of at least 100,000 but less than 500,000: 1/70 of the total number of persons entitled to make requests; |
| 5. | For a Si/Gun/autonomous Gu with a population of at least 50,000 but less than 100,000: 1/50 of the total number of persons entitled to make requests; |
| 6. | For a Si/Gun/autonomous Gu with a population of less than 50,000: 1/20 of the total number of persons entitled to make requests. |
| (2) | The total number of persons entitled to make requests shall be calculated based on resident registration cards and foreigners' registration cards as of December 31 of the preceding year. |
| (3) | The head of a local government shall publish the total number of persons entitled to make requests calculated according to paragraph (2) by January 10 of each year. |
| Article 6 (Issuance of Certificate of Representative) |
| (1) | If persons entitled to make requests intend to make a residents’ ordinance-related request, they shall select a representative (hereinafter referred to as the "representative"), and the selected representative shall file an application for the issuance of a certificate of the representative, with the chairperson of the local council, along with the following documents; in such cases, the representative may simultaneously apply for the use of an information system under Article 3 (2) (hereinafter referred to as "information system"), which is necessary for requesting a digital signature under Article 7 (4), at the time of applying for the issuance of the certificate: |
| 1. | A written request for the enactment, amendment, or repeal of the ordinance, specifying the purpose of, grounds for, etc. the residents’ ordinance-related request (hereinafter referred to as "written request"); |
| 2. | A bill of the ordinance’s enactment, amendment, or repeal (hereinafter referred to as "bill of residents’ ordinance-related request"). |
| (2) | Upon receiving an application under paragraph (1), the chairperson of the local council shall verify whether the representative is indeed a person entitled to make requests, issue a certificate of the representative, and publish such fact; in such cases, the chairperson of the local council who has received an application for the use of an information system pursuant to the latter part, with the exception of the subparagraphs, of paragraph (1) shall also publish the following and post the documents specified in the subparagraphs of Article 7 (3) on the information system: |
| 1. | The website address of the information system where digital signatures are accessible; |
| 2. | Methods for obtaining digital signatures and methods for withdrawing those signatures under Article 9 (3). |
| Article 7 (Signature Requests) |
| (1) | A representative (if the right to request signatures is delegated pursuant to paragraph (2), a delegated person under that paragraph shall be included) may request persons entitled to make requests to affix their signatures to the roster of petitioners. |
| (2) | The representative may delegate the right to request signatures under paragraph (1) to a person entitled to make requests, and if delegation occurs, he or she shall report the name of the delegated person and the date of delegation to the chairperson of the relevant local council. In such cases, the chairperson of the local council shall immediately issue a certificate of delegation report. |
| (3) | If the representative or the delegated person under paragraph (2) (hereinafter referred to as "delegated person") requests signatures pursuant to paragraph (1), he or she shall submit the roster of petitioners, along with the following documents: |
| 1. | A written request or a copy thereof; |
| 2. | A bill of residents' ordinance-related request or a copy thereof; |
| 3. | A certificate of the representative under Article 6 (2) (including a certificate of delegation report under the latter part of paragraph (2) of this Article in the case of a delegated person) or a copy thereof. |
| (4) | The representative may request persons entitled to make requests to affix their digital signatures defined in subparagraph 2 of Article 2 of the Digital Signature Act (hereinafter referred to as "digital signature") to an electronically generated roster of petitioners using an information system in lieu of a signature under paragraph (1). |
| (5) | The representative or the delegated person may notify the person entitled to make requests of the matters prescribed in the subparagraphs of Article 6 (2). |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for signature request procedures and other necessary matters shall be prescribed by ordinance of a local government. |
| Article 8 (Signature Request Period) |
| (1) | A representative or a delegated person shall request signatures under Article 7 (1) or digital signatures within six months of the publication under Article 6 (2) for the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"), and within three months for a Si/Gun/autonomous Gu. In such cases, the election period prescribed in Article 33 of the Public Official Election Act shall not be included when calculating the period required for requesting signatures under Article 7 (1) or digital signatures. |
| (3) | No person, other than the representative or delegated person, shall request signatures under Article 7 (1) or digital signatures. |
| Article 9 (Preparation of Roster of Petitioners) |
| (1) | A person entitled to make requests who intends to sign the roster of petitioners shall provide the following details and affix his or her signature or seal to the roster of petitioners: Provided, That where a digital signature is used, the electronically generated roster of petitioners shall be deemed to include the following: |
| 3. | Address or place of stay; |
| (2) | If a person entitled to make requests who has signed the roster of petitioners intends to withdraw his or her signature, he or she shall make the withdrawal request to the representative before submitting the roster of petitioners to the chairperson of the local council under the main clause of Article 10 (1). In such cases, the representative, upon receiving the request, shall immediately remove the relevant signature from the roster of petitioners. |
| (3) | If a person entitled to make requests who has affixed his or her digital signature intends to withdraw his or her signature, he or she shall directly do so through the information system before the representative requests the relevant local council to utilize the roster of petitioners pursuant to the proviso of Article 10 (1). |
| (4) | The roster of petitioners under the main clause, with the exception of the subparagraphs, of paragraph (1) shall be prepared by Eup/Myeon/Dong for a Si/Gun/autonomous Gu, and by Si/Gun/autonomous Gu, which is further classified into Eup/Myeon/Dong, for a City/Do. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the preparation of the roster of petitioners and other necessary matters shall be prescribed by ordinance of a local government. |
| Article 10 (Submission of Roster of Petitioners) |
| (1) | If the number of persons entitled to make requests who have affixed their signatures (including digital signatures; hereinafter the same shall apply) to the roster of petitioners exceeds the number of persons entitled to make requests prescribed by ordinance of the relevant local government under Article 5 (1), a representative shall submit the roster of petitioners to the chairperson of the local council within 10 days of the end of the signature request period under Article 8 (1) for a City/Do, and within five days for a Si/Gun/autonomous Gu: Provided, That in cases involving digital signatures, the representative shall request the chairperson of the local council to directly utilize a roster of petitioners created in the information system. |
| (2) | The chairperson of the local council shall publish the details of the roster of petitioners within five days of receiving the roster of petitioners or of receiving the request for its utilization pursuant to paragraph (1), and shall make the roster of petitioners or a copy thereof available for inspection at a public place for 10 days from the date of such publication. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the submission, etc. of the roster of petitioners and other necessary matters shall be prescribed by ordinance of a local government. |
| Article 11 (Filing of Objections) |
| (1) | If any of the following conditions are met with respect to the signatures on the roster of petitioners, the chairperson of a local council shall declare the relevant signatures null and void, correct the roster of petitioners, and notify the representative of such action immediately: |
| 1. | A signature not belonging to the person entitled to make requests; |
| 2. | An illegible signature that cannot be attributable to a specific person; |
| 3. | A signature obtained by a person who has no right to request signatures under Article 7 (1); |
| 4. | If a single person has affixed at least two valid signatures on the same matter, the signature that remains after excluding one; |
| 5. | A signature obtained outside the signature request period under Article 8 (1) or the period of restricted signature request under paragraph (2) of that Article; |
| 6. | A signature for which withdrawal is requested by a person entitled to make requests pursuant to Article 9 (2); |
| 7. | A signature obtained by coercion, fraud, or other improper means. |
| (2) | A person who is dissatisfied with the signatures on the roster of petitioners may file an objection with the chairperson of the relevant local council within the inspection period specified in Article 10 (2). |
| (3) | Upon receipt of an objection under paragraph (2), the chairperson of the local council shall examine and make a decision on the objection within 14 days from the end of the inspection period specified in Article 10 (2). In such cases, where the chairperson finds the objection valid, he or she shall amend the roster of petitioners and notify the person who has filed the objection and the representative of such decision, and where the objection is found to be groundless, the chairperson shall immediately notify the person of such decision. |
| (4) | If the number of persons entitled to make requests who have signed the roster of petitioners based on a decision made under paragraph (1) or (3) fails to meet the requirements for request under Article 5 (1), the chairperson of the relevant local council may have the representative make corrections within the following periods prescribed by ordinance of the relevant local government: |
| 1. | For a City/Do: At least 15 days; |
| 2. | For a Si/Gun/autonomous Gu: At least 10 days. |
| (5) | Article 10 and paragraphs (1) through (3) of this Article shall apply mutatis mutandis to the submission and publication of the roster of petitioners corrected under paragraph (4), the filing of objections, and other matters. In such cases, "signature request period under Article 8 (1)" in the main clause of Article 10 (1) shall be construed as "correction period under Article 11 (4)". |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the filing of objections shall be prescribed by ordinance of a local government. |
| Article 12 (Acceptance and Dismissal of Requests) |
| (1) | In any of the following cases where the requirements under Articles 4, 5, and 10 (1) (including cases applied mutatis mutandis under Article 11 (5)) are met, the chairperson of a local council shall accept residents' ordinance-related requests, and if these requirements are not met, the chairperson shall dismiss residents’ ordinance-related requests; in such cases, notification of acceptance or dismissal shall be provided to the representative: |
| 1. | Where no objections have been filed under Article 11 (2) (including cases applied mutatis mutandis under paragraph (5) of that Article; hereinafter the same shall apply); |
| 2. | Where decisions on all objections filed under Article 11 (2) have been made under paragraph (3) of that Article (including cases applied mutatis mutandis under paragraph (5) of that Article). |
| (2) | The chairperson of a local council shall accept or dismiss residents’ ordinance-related requests pursuant to paragraph (1) within the following periods prescribed by ordinance of the relevant local government: <Newly Inserted on Aug. 16, 2023> |
| 1. | In cases falling under paragraph (1) 1: Within three months from the end of the inspection period under Article 10 (2) (in cases applied mutatis mutandis under Article 11 (5), the date of the end of the inspection period for the corrected roster of petitioners); |
| 2. | In cases falling under paragraph (1) 2: Within three months from the completion of the examination of, and decision on, all objections under Article 11 (3) (in cases applied mutatis mutandis under Article 11 (5), the date of completion of the examination of, and decision on, all objections filed to the signatures on the corrected roster of petitioners). |
| (3) | If the chairperson of a local council intends to dismiss residents’ ordinance-related requests pursuant to paragraph (1), he or she shall provide the representative with an opportunity to present his or her opinion. <Amended on Aug. 16, 2023> |
| (4) | Notwithstanding Article 76 (1) of the Local Autonomy Act, the chairperson of a local council shall propose a bill of residents’ ordinance-related request in the name of the chairperson of the local council within 30 days from the date of accepting the residents’ ordinance-related request pursuant to paragraph (1) of this Article. <Amended on Aug. 16, 2023> |
| (5) | Except as provided in paragraphs (1) through (3), matters necessary for the procedures for accepting residents' ordinance-related requests shall be prescribed by the rules of meetings of a local council. <Amended on Aug. 16, 2023> |
| Article 13 (Procedures for Examination of Bill of Residents’ Ordinance-Related Requests) |
| (1) | A local council shall reach a resolution on a bill of resident’s ordinance-related requests within one year from the date on which the bill is accepted pursuant to Article 12 (1): Provided, That the period may be extended only once by up to one year through a resolution adopted at a plenary session, if necessary. |
| (2) | Before reaching a resolution on the bill of the residents’ ordinance-related requests referred for examination, the local council may require the representative to appear and explain the intent of the request (this process may also include questions to and answers from the representative). |
| (3) | Notwithstanding the proviso of Article 79 of the Local Autonomy Act, no bill of residents’ ordinance-related requests shall be scrapped due to its failure to pass a resolution until the term of office of the next local council members expires, even if the term of office of the local council members as at the time of acceptance of the bill of the residents’ ordinance-related requests pursuant to Article 12 (1) has expired. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the procedures for examining bills of residents’ ordinance-related requests shall be prescribed by the rules of meetings of a local council. |
| Article 14 (Cooperation in Conducting Business Affairs) |
If necessary to facilitate verification of the signatures on the roster of petitioners under Article 11, the chairperson of a local council may request the head of a relevant local government to provide cooperation. In such cases, the head of the local government shall comply with such request unless there is a compelling reason not to do so.
| Article 15 (Processing of Personally Identifiable Information) |
| (2) | When processing data that includes information under paragraph (1), a local government shall protect the relevant information pursuant to the Personal Information Protection Act. |
ADDENDA <Act No. 18495, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on January 13, 2022.
Article 2 (Applicability to Residents’ Ordinance-Related Requests)
| (1) | This Act shall also apply where the procedures for requesting the enactment, amendment, or repeal of municipal ordinances are already in progress pursuant to Article 15 of the previous Local Autonomy Act (referring to the version before wholly amended by Act No. 17893) as at the time this Act enters into force. In such cases, any request made to the head of a local government shall be deemed a request made to the local council; any application or submission made to the head of a local government shall be deemed an application or submission made to the chairperson of a local council; and any act conducted by the head of a local government shall be deemed an act conducted by the chairperson of a local council. |
| (2) | Notwithstanding paragraph (1), Article 13 (1) and (3) shall begin to apply to bills of resident’s ordinance-related requests accepted pursuant to Article 12 (1) after this Act enters into force. |
| (3) | The head of a local government shall transfer all documents and other materials regarding requests for the enactment, amendment, or repeal of municipal ordinances, the procedures of which are in progress as at the time this Act enters into force, to the local council without delay. |
Article 3 (Special Cases concerning Requirements for Residents’ Ordinance-Related Requests)
| (1) | If the minimum criteria in terms of the number of persons entitled to make requires which are prescribed by ordinance of the relevant local government pursuant to Article 5 (1) as at the time this Act enters into force fail to meet the criteria under that paragraph, at least the number of persons entitled to make requests referred to in the subparagraphs of that paragraph may make residents’ ordinance-related requests by jointly signing them until an ordinance that meets such criteria is enacted or the ordinance is amended to comply with such criteria. |
| (2) | If the correction period prescribed by ordinance of the relevant local government pursuant to the provisions, with the exception of the subparagraphs, of Article 11 (4) fails to meet the criteria under the subparagraphs of that paragraph as at the time this Act enters into force, the roster of petitioners may be corrected within the following periods until an ordinance that meets the criteria is enacted or the ordinance is amended to comply with the criteria: |
| 1. | For a City/Do: 15 days; |
| 2. | For a Si/Gun/autonomous Gu: 10 days. |
Article 4 Omitted.
ADDENDA <Act No. 19633, Aug. 16, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Deadline for Acceptance or Dismissal of Residents’ Ordinance-Related Requests)
The amended provisions of Article 12 (2) shall also apply where procedures for requesting the enactment, amendment, or repeal of municipal ordinances are in progress as at the time this Act enters into force. Article 3 (Special Cases concerning Deadline for Acceptance or Dismissal of Residents’ Ordinance-Related Requests)
Notwithstanding the amended provisions of Article 12 (2), the chairperson of a local council shall accept or dismiss requests for the enactment, amendment, or repeal of municipal ordinances, the periods of which under the amended provisions of Article 12 (2) expire as at the time this Act enters into force within one month from the date on which this Act enters into force pursuant to Article 12 (1).