SPECIAL ACT ON THE ESTABLISHMENT OF GANGWON SPECIAL SELF-GOVERNING PROVINCE
Act No. 18875, jun. 10, 2022
Amended by Act No. 18994, Oct. 18, 2022
Act No. 19430, jun. 9, 2023
The purpose of this Act is to establish Gangwon Special Self-Governing Province with a high degree of autonomy by utilizing the regional, historical, and humanistic characteristics of the former Gangwon-do Province to ensure substantial decentralization and enhance regional competitiveness to promote the welfare of the residents of the province and contribute to national development.
| Article 2 (Scope of Application) |
This Act applies only to the jurisdiction of Gangwon Special Self-Governing Province under Article 6 (hereinafter referred to as "Gangwon Self-Governing Province").
| Article 3 (Responsibilities of the State) |
| (1) | The State shall take legislative and administrative measures, such as continuously improving relevant statutes and regulations, to ensure local autonomy and strengthen the regional capabiltiy of Gangwon Self-Governing Province. |
| (2) | The State shall formulate plans and policy measures for the realization of advanced decentralization in Gangwon Self-Governing Province through the evaluation, etc. of the operational goals of Gangwon Self-Governing Province and the level of achievement of those goals. |
| (3) | The State shall endeavor to formulate measures for administrative and financial support in order to encourage Gangwon Self-Governing Province to enhance its performance through voluntary effort. |
| (4) | The State shall ensure that Gangwon Self-Governing Province continues to enjoy the administrative and financial benefits enjoyed by the former Gangwon-do, which are abolished upon enforcement of this Act. |
| (5) | The State shall endeavor to ease regulations to revitalize regional development of backward Gangwon Self-Governing Province. |
| Article 4 (Responsibilities of Gangwon Self-Governing Province) |
| (1) | Gangwon Self-Governing Province shall actively cooperate with the State in the formulation and implementation of the State's policies on Gangwon Self-Governing Province. |
| (2) | Gangwon Self-Governing Province shall take measures of enacting, amending, or repealing its Provincial Ordinance (hereinafter referred to as "Provincial Ordinance") regarding matters for which this Act requires or authorizes Gangwon Self-Governing Province to regulate by its ordinances in conformity with the purport of this Act. |
| (3) | Gangwon Self-Governing Province shall conclude an agreement (including matters related to autonomous police and educational autonomy) on the performance goals and evaluation thereof with the Prime Minister. In such cases, the Prime Minister shall have a prior consultation with the heads of the relevant central administrative agencies regarding the evaluation of whether the transfer of authority and deregulation, etc. by central administrative agencies have been contributing to the development and growth of Gangwon Self-Governing Province, and the improvement, etc. of the systems based on the evaluation result. <Amended on Oct. 18, 2022> |
| Article 5 (Relationship to Other Statutes) |
| (1) | This Act shall prevail over other statutes with respect to the organization and operation of Gangwon Self-Governing Province, and devolution and deregulation, etc. by central administrative agencies: Provided, That if otherwise provided by other statutes regarding Gangwon Self-Governing Province, such statutes shall apply. |
| (2) | Where the authority of the head of a central administrative agency or other relevant persons has been devolved on the Gangwon Self-Governing Province Governor under this Act (including duties, principles, guidelines, and procedures related to devolved authority; hereinafter the same shall apply), the authority devolved on Gangwon Self-Governing Province shall be deemed the authority of the head of the central administrative agency or other relevant persons prescribed in relevant statutes or regulations, and the relevant statutes or regulations shall apply accordingly. The same shall also apply where matters applicable to the heads of central administrative agencies or other relevant persons are prescribed as applicable to Gangwon Self-Governing Province Governor. |
| Article 6 (Establishment of Gangwon Self-Governing Province) |
| (1) | Gangwon Self-Governing Province shall be established under the direct jurisdiction of the Government. |
| (2) | The jurisdictional territory of Gangwon Self-Governing Province shall be the same as the jurisdictional territory of the former Gangwon-do. |
| (3) | Gangwon Self-Governing Province shall have special status within the extent provided for by this Act. |
| Article 7 (Special Support for Gangwon Self-Governing Province) |
| (1) | The heads of central administrative agencies may provide special administrative and financial support to Gangwon Self-Governing Province. |
| (2) | Wehre various programs are implemented as policy measures under this Act, the head of a central administrative agency may give preferential support Gangwon Self-Governing Province. |
| Article 8 (Special Cases concerning Establishment of Balanced Regional Development Special Accounts) |
In order to secure stable finances for the development of Gangwon Self-Governing Province, the State may provide assistance by establishing a separate account in the Special Account for Regional Balanced Development of the Special Act on Local Autonomy, Decentralization, and Balanced Regional Development to cover expenses incurred in the implementation, etc. of various State-subsidized projects. <Amended on Jun. 9, 2023>
[Title Amended on Jun. 9, 2023]
| Article 9 (Special Cases concerning Entrustment of Business Affairs of Gangwon Self-Governing Province) |
| (1) | The Gangwon Self-Governing Province Governor or the Superintendent of the Gangwon Self-Governing Provincial Office of Education may partially entrust the business affairs within the jurisdiction and the business affairs delegated under statutes or regulations to another local government or the head of another local government. |
| (2) | Except as provided in this Act in relation to the entrustment of business affairs, Article 168 of the Local Autonomy Act concerning the entrustment of business affairs shall apply mutatis mutandis. |
| Article 10 (Special Cases concerning Application of Statutes or Regulations to Establishment of Gangwon Self-Governing Province) |
| (1) | Where other statutes or regulations refer to a local government or Do, they shall be deemed to include Gangwon Self-Governing Province and the relevant statute or regulation shall apply accordingly. |
| (2) | Where other statutes or regulations refer to a member of a local council or Do council, they shall be deemed to include a member of the Gangwon Self-Governing Province Council and the relevant statute or regulation shall apply accordingly. |
| (3) | Where other statutes or regulations refer to the head of a local government or Do Governor, they shall be deemed to include the Gangwon Self-Governing Province Governor (hereinafter referred to as “Do Governor”) and the relevant statute or regulation shall apply accordingly. |
| (4) | Where other statutes or regulations refer to a local council or Do council, they shall be deemed to include the Gangwon Self-Governing Province Council (hereinafter referred to as “Provincial Council”) and the relevant statute or regulation shall apply accordingly. |
| (5) | Where other statutes or regulations refer to ordinances or rules of a local government or Do, they shall be deemed to include the ordinances or rules of Gangwon Self-Governing Province and the relevant statute or regulation shall apply accordingly. |
| (6) | Where other statutes or regulations refer to the Superintendent of the Gangwon Self-Governing Provincial Office of Education (hereinafter referred to as "Superintendent of the Provincial Office of Education") and the relevant statute or regulation shall apply accordingly. |
| (7) | Where the Framework Act on Local Taxes or other statutes or regulations refer to a local tax or Do tax, they shall be deemed to include the Gangwon Self-Governing Province tax and the relevant statute or regulation shall apply accordingly. |
| Article 10-2 (Establishment of Supporting Committee for Gangwon Self-Governing Province) |
| (1) | In order to support the smooth launch of Gangwon Self-Governing Province and to contribute to substantial decentralization and the improvement of regional competitiveness, the Support Committee for Gangwon Self-Governing Province (hereinafter referred to as the "Support Committee") shall be established under the jurisdiction of the Prime Minister to deliberate on the following matters; in such cases, the Support Committee may be organized and operated by in consolidation with other committees of a nature similar thereto, if necessary, as prescribed by statutes: |
| 1. | Plans for medium- to long-term development of Gangwon Self-Governing Province; |
| 2. | Matters regarding the enhancement of administrative and financial autonomy of Gangwon Self-Governing Province and the preparation of administrative and financial support measures under Article 3 (3); |
| 3. | Execution of agreements under Article 4 (3), and the utilization of the outcomes of such evaluation; |
| 4. | Other matters referred to the Support Committee by the chairperson of the Support Committee or the Do Governor for deliberation as he or she deems necessary. |
| (2) | The Support Committee shall be comprised of at least 25, but not exceeding 30 members, including one chairperson. |
| (3) | The Prime Minister shall serve as the chairperson of the Support Committee, and committee members shall be appointed or commissioned by the Prime Minister, from among the heads of relevant central administrative agencies, the heads of relevant local governments, and persons who have extensive knowledge of and experience in urban development and local autonomy. |
| (4) | A working committee shall be established for the Support Committee to examine agenda items for deliberation and perform affairs delegated by the Support Committee. |
| (5) | A working subcommittee referred to in paragraph (4) shall be composed of up to 25 members, including one chairperson; and the Minister of the Office for Government Policy Coordination shall take the chair thereof. |
| (6) | A working group may be organized to perform business affairs of the Support Committee and assist the Support Committee. |
| (7) | Except as provided in this Act, matters necessary for the organization and operation of the Support Committee and the working committee, and for the organization and operation, etc. of the working group shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 18, 2022]
[Enforcement Date: Jan. 19, 2023] Article 10-2
| Article 10-3 (Measures to be Taken According to Results of Deliberation by Support Committee) |
The Support Committee shall notify the heads of relevant central administrative agencies of the results of deliberation on matters specified in the subparagraphs of Article 10-2 (1), and the heads of central administrative agencies shall take necessary measures upon receipt of such notification. [This Article Newly Inserted on Oct. 18, 2022]
| Article 11 (Special Cases concerning Residents' Voting) |
Notwithstanding Article 9 (2) of the Residents' Voting Act, residents may petition residents' voting with signatures of residents of at least the number prescribed by Provincial Ordinance, within the range of at least 1/30 but not more than 1/5 of the total number of petitioners for residents' voting.
| Article 12 (Exchange and Dispatch of Personnel between State and Gangwon Self-Governing Province) |
| (1) | The Do Governor may conduct personnel exchanges with other local governments, State agencies, public organizations, overseas administrative agencies, and other organizations within the range of 5/100 of the fixed number of public officials under his or her control after consultation with the heads thereof, in order to improve the Province’s ability of executing autonomous administration and further develop capabilities of the public officials under his or her control. |
| (2) | Criteria and methods for the exchange of personnel under paragraph (1) and other matters necessary for supporting personnel to be exchanged shall be prescribed by Provincial Ordinance. |
| (4) | In order to ensure consistency in implementing national policies and interconnectedness between the State and Gangwon Self-Governing Province, the State shall actively cooperate with Gangwon Self-Governing Province in exchanging personnel. |
| Article 13 (Selection and Employment of Local Talents) |
| (1) | The Do Governor or the Superintendent of the Provincial Office of Education may select local talents to employ them for internship for up to three years, as prescribed by Provincial Ordinance, and may employ those deemed excellent in work performance and quality during the internship period, as public officials of Grade VII or lower, following deliberation by the Provincial Personnel Committee or the Provincial Office of Education Personnel Committee, by at least one month before the expiry of such internship period. |
| (2) | Notwithstanding Article 28 (1) of the Local Public Officials Act, the appointment process for probationers may be exempted, where a person who has worked as an intern under paragraph (1) is to be employed as a public official of Grade VII or lower. |
| Article 14 (Resident Participatory Budgeting System) |
| (1) | The Do Governor shall allow residents to participate in the budgeting process by public invitation, etc. |
| (2) | The scope of resident participator budgeting, the method and procedure for the selection of participating residents, and other matters necessary for the process of residents' participation, etc. shall be prescribed by Provincial Ordinance. |
| Article 15 (Establishment and Duties of Audit Committee) |
| (2) | The Audit Committee shall be independent in performing its duties. |
| (3) | The Audit Committee shall be comprised of up to seven members, including one chairperson of the Audit Committee (hereinafter referred to as the "Audit Committee Chairperson"). |
| (4) | Members of the Audit Committee shall be appointed or commissioned by the Do Governor, from among persons who have the qualifications prescribed by Provincial Ordinance, but two members shall be commissioned upon recommendation by the Provincial Council, while another two members upon recommendation by the Superintendent of the Provincial Office of Education. |
| (5) | Each member who is not a public official of Gangwon Self-Governing Province shall hold office for a term of three years: Provided, That a member appointed or commissioned to fill a vacancy shall serve for the remaining term of his or her predecessor. |
| (6) | Details necessary for autonomous audit, including the specific methods and scope of autonomous audit, the standards with which members shall generally comply in their activities of autonomous audit, shall be determined by the Audit Committee Chairperson, subject to resolution by the Audit Committee. |
| (7) | Other matters necessary for the organization and operation of the Audit Committee shall be prescribed by Provincial Ordinance. |
| Article 16 (Audit Committee Chairperson) |
| (1) | The Audit Committee Chairperson shall be appointed by the Do Governor with consent from the Provincial Council. |
| (2) | The Audit Committee Chairperson shall represent the Audit Committee and exercise general supervision over its affairs. |
| (3) | The term of office of the Audit Committee Chairperson shall be three years. |
| (4) | If the Audit Committee Chairperson is unable to perform his or her duties due to unavoidable circumstances, the member appointed as prescribed by Provincial Ordinance, from among members of the Audit Committee, shall act on behalf of the Audit Committee Chairperson. |
| Article 17 (Secretariat of Audit Committee) |
| (1) | The Audit Committee shall have a secretariat to assist the Audit Committee in its activities of autonomous audit and to perform administrative affairs related to the Audit Committee. |
| (2) | The staff of the secretariat established under paragraph (1) shall be State and local public officials in general service or in special service. |
| (3) | Other matters necessary for the organization, duties, and operation of the secretariat shall be prescribed by Provincial Ordinance. |
| Article 18 (Autonomous Audit Plans) |
| (1) | The Audit Committee shall formulate an autonomous audit plan, containing the objectives, subject matters, and scope of an autonomous audit and agencies subject to audit, before conducting the audit in order to execute audits in a systematic and effective manner: Provided, That if it is necessary to revise an autonomous audit plan, the plan may be revised even during the audit. |
| (2) | The Audit Committee shall notify the head of the agency subject to an autonomous audit of the main contents of the autonomous audit plan under paragraph (1) not later than 30 days before the scheduled date for audit: Provided, That this shall not apply where an autonomous audit shall be promptly conducted due to urgent circumstances or where unavoidable to ensure the effectiveness of an autonomous audit. |
| (3) | If an autonomous audit plan is revised after the Audit Committee notifies the audit plan to the head of the agency subject to audit of the plan under paragraph (2), the Audit Committee shall notify the head of the agency subject to audit of the revision without delay. |
| (4) | The Audit Committee shall notify an autonomous audit plan under paragraph (1) (referring to a revised plan, if revised) to the Chair of the Board of Audit and Inspection, the Minister of Education, the Minister of the Interior and Safety, and the Do Governor (including the Superintendent of the Provincial Office of Education, if the audit involves matters concerning education or art and science) within two weeks from the date the plan is formulated. |
| (5) | The Audit Committee may request the following measures to be taken, if necessary for autonomous audit; in such cases, the relevant measures shall be limited to the minimum extent necessary, and persons in receipt of such request shall comply therewith, unless there is good cause: |
| 1. | The agency subject to the audit or a person who belongs to the agency: To appear or answer questions, to submit relevant documents, to seal articles, etc., to inspect data entered in a computerized information system, etc.; |
| 2. | An agency involved in the audit, except the agency under subparagraph 1, or a person who belongs to such agency: To make an appearance or answer questions and to submit relevant documents. |
| (6) | When an audit conducted by the Audit Committee involves business affairs that require expertise or practical experience, the Audit Committee may request a public official in charge of audit in a central administrative agency, an employee of Gangwon Self-Governing Province, or an external institution, such as an accounting firm or research institute, or an expert to participate in the audit for investigation, confirmation, and analysis of relevant matters. |
| Article 19 (Management of Findings of Autonomous Audit) |
| (1) | Except in exceptional circumstances, the Audit Committee shall report the findings from autonomous audit and inspection to the Do Governor within 60 days after completion of the autonomous audit: Provided, That the findings from autonomous audit and inspection of education or art and science shall be notified to the Superintendent of the Provincial Office of Education. |
| (2) | The findings of an autonomous audit that shall be reported or notified pursuant to paragraph (1) shall include measures to be taken, such as an order to recompense, disciplinary measure or reprimand, rectification, caution, improvements, recommendations, and criminal charge. |
| (3) | If a measure to be taken based on the findings of an autonomous audit reported or notified pursuant to paragraph (1) falls within the scope of authority of the head of another agency, the Do Governor or the Superintendent of the Provincial Office of Education shall notify the head of the competent agency of relevant facts. |
| Article 20 (Interruption of Prescription for Grounds for Disciplinary Measures or Reprimand) |
| (1) | Upon commencing or closing an investigation of a specific case, the Audit Committee shall notify the Do Governor (including the Superintendent of the Provincial Office of Education if the case is regarding education or art and science; hereafter in this Article the same shall apply) and the head of the agency or department subject to the audit within 10 days. |
| (2) | The Do Governor shall not carry on proceedings for a disciplinary measure or reprimand further from the date on which he or she is notified by the Audit Committee of the commencement of an investigation under paragraph (1) with regard to a specific case under investigation. |
| (3) | If the prescriptive period for the ground of a disciplinary measure or reprimand expires or the remaining prescriptive period is less than one month because of the interruption of proceedings for the disciplinary measure or reprimand pursuant to paragraph (2), the prescriptive period shall be deemed to expire one month after the date on which the closing of the investigation is notified under paragraph (1). |
| Article 21 (Duty of Confidentiality) |
No member of the Audit Committee shall divulge confidential information made known to him or her in the course of performing his or her duties, not only while in service but also after he or she is retired from office.
| Article 22 (Grant of and Support for Special Cases) |
| (1) | The head of a Si/Gun in Gangwon Self-Governing Province may request the Minister of the Interior and Safety to grant special cases to the relevant Si/Gun pursuant to Article 198 (2) 2 of the Local Autonomy Act, after consultation with the Do Governor. |
| (2) | Upon receipt of a request made under paragraph (1), the Minister of the Interior and Safety may grant special cases as prescribed by the relevant statutes after consulting with the heads of the relevant central administrative agencies. |
| (3) | Gangwon Self-Governing Province may provide administrative and financial support for projects conducted by a Si/Gun granted with special cases. |
| Article 23 (Penalty Provisions) |
A person who discloses confidential information in violation of Article 21 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
ADDENDA <Act No. 18875, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 10-2 shall enter into force three months after the date of its promulgation after the partially amended Special Act on the Establishment of Gangwon Special Self-Governing Province (Act No. 18994). <Amended on Oct. 18, 2022> Article 2 (Abolition of Former Gangwon-Do)
The former Gangwon-do is hereby repealed.
Article 3 (Preparations for Enforcement of Act)
The relevant central administrative agencies and the Governor of Gangwon-do before this Act enters into force may perform preparatory acts necessary for the enforcement of this Act before this Act enters into force.
Article 4 (Transitional Measures concerning Governor of Gangwon-Do and Provincial Council Members)
The Governor of Gangwon-do (including the Superintendent of the Gangwon Provincial Office of Education; hereinafter the same shall apply) elected pursuant to the Public Official Election Act as at the time this Act enters into force and the members of the Gangwon-do council shall be deemed as the Gangwon Self-Governing Province Governor (including the Superintendent of the Gangwon Self-Governing Provincial Office of Education; hereinafter the same shall apply) and members of the Gangwon Self-Governing Province Council. Article 5 (General Transitional Measures concerning Abolition of Former Gangwon-Do)
| (1) | The activities done by the Governor of the former Gangwon-do or the head of an institution affiliated therewith, such as approval and permission, or the activities done in relation to him or her, such as reporting and filing applications, before this Act enters into force, shall be deemed the activities done by, or in relation to the Gangwon Self-Governing Province Governor or the head of an institution affiliated therewith. |
| (2) | The previous ordinances and rules of Gangwon-do before this Act enters into force shall be deemed the ordinances and rules of Gangwon Self-Governing Province under this Act. |
| (3) | Employees and members belonging to the institutions or facilities of the former Gangwon-do as at the time this Act enters into force shall be employees and members belonging to Gangwon Self-Governing Province under this Act: Provided, That where the term of office is not fixed, the Gangwon Self-Governing Province Governor shall appoint or dismiss a new member. |
| (4) | The business affairs of the former Gangwon-do and the duties of the Governor of Gangwon-do or the head of an agency under his or her control, as at the time this Act enters into force, shall be succeeded to by the Gangwon Self-Governing Province Governor and the head of an agency under this Act, according to their respective jurisdictions. |
| (5) | All rights and duties, such as properties, funds, payment of money, etc. owned or managed by Gangwon-do as at the time this Act enters into force shall be succeeded to by Gangwon Self-Governing Province: Provided, That this shall not apply to matters deemed inappropriate for Gangwon Self-Governing Province to succeed and designated by the Minister of Education or the Minister of the Interior and Safety as his or her jurisdiction. |
Article 6 (Transitional Measures concerning Matters Prescribed by Ordinances)
| (1) | Matters to be prescribed by Ordinance of Gangwon Self-Governing Province may be enacted by the former Gangwon-do before this Act enters into force. |
| (2) | An ordinance enacted pursuant to paragraph (1) shall be deemed an ordinance of Gangwon Self-Governing Province under this Act, and such ordinance shall enter into force on the date this Act enters into force. |
ADDENDUM <Act No. 18994, Oct. 18, 2022>
This Act shall enter into force on June 11, 2023: Provided, That the amended provisions of Article 10-2 and the proviso of Article 1 of Addenda of the Special Act on the Establishment of Gangwon Special Self-Governing Province (Act No. 18875) shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 19430, Jun. 9, 2023>
Article 1 (Enforcement Date)
This Act shall enter into one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 22 Omitted.