LOCAL AUTONOMY ACT

영문법령 불러오는 중…

LOCAL AUTONOMY ACT — 법갈피

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, 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):

1. Reclaimed land under the Public Waters Management and Reclamation Act;

2. Land whose registration is omitted from the cadastral records defined in subparagraph 19 of Article 2 of the Act on the Establishment and Management of Spatial Data (hereinafter referred to as the "cadastral records").

(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/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, 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 or 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, 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/Ris, a Dong/Ri for administrative purposes (hereinafter respectively referred to as "administrative Dong" and "administrative Ri") may be separately operated, whereby one Dong/Ri is operated as two or more Dongs/Ris, or two or more Dongs/Ris are operated as one Dong/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. <Added on Apr. 20, 2021>

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, this shall not apply if it is otherwise prescribed by other statutes: <Amended on Aug. 8, 2023; Jan. 9, 2024>

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 or Gun planning projects;

d. Installation, repair, and maintenance of provincial roads and Si/Gun or 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 City/Do 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 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 or 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 or 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, 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 v 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, 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, 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.

(16) The lawsuit under paragraph (2) shall be deemed litigation, the subject matter of which is non-property right under Article 2(4) of the Act on the Stamps Attached for Civil Litigation.

(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.

(18) Except as provided in this Act, the Administrative Litigation Act shall govern lawsuits under paragraph (1).

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 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;

3. A national public official as provided for in Article 2 of the State Public Officials Act or a local public official as provided for in Article 2 of the Local Public Officials Act (a teacher, who is eligible for membership of a political party under Article 22 of the Political Parties Act, shall be excluded herefrom);

4. Executive officers and employees of public institutions (including Korean Broadcasting System, Korea Educational Broadcasting System, and the Bank of Korea) as provided for in Article 4 of the Act on the Management of Public Institutions;

5. Executive officers and employees of a local government-invested public corporation or a local government public corporation as provided for in Article 2 of the Local Public Enterprises Act;

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;

7. A teacher ineligible for membership of a political party under Article 22 of the Political Parties Act;

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 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 or 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 or 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.

(7) Matters necessary for an inspection or investigation as referred to in paragraph (1) and an inspection as referred to in paragraph (3) shall be prescribed by Presidential Decree by referring to the Act on the Inspection and Investigation of State Administration, and the procedures for the oath, testimony, appraisal, etc. as referred to in paragraphs (4) and (5) shall be prescribed by Presidential Decree by referring to the Act on Testimony and Appraisal before the National Assembly.

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.

(7) No person who falls under any subparagraph of Article 31 of the Local Public Officials Act shall become the chairperson, the vice chairperson, or a member of the Transition Committee.

(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.

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/Do with a population of at least eight million);

3. The full number of deputy heads of each Si/Gun or 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, 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 or 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 or Gu.

(5) The Vice Mayor and Vice Governor of each City/Do, and the deputy head of a Si/Gun or 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/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/Vice Governors may require that one of them take charge of the affairs of a specific area.

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, 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, the term of office for a member to fill a vacancy shall be the remainder of his or her predecessor's term.

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:

1. Mayors/Do Governors;

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.

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 or autonomous Gu, the Mayor/Do Governor shall order the Si/Gun or autonomous Gu, in writing, to correct its order or disposition within a specified period; but If the City/Do or the Si/Gun or 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 or 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 or autonomous Gu make a correction within a specified period, and if the head of the Si/Gun or 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 or Gu.

(4) If the City/Do Mayor fails to revoke or suspend the order or disposition issued by the head of the Si/Gun or 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 or 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 or 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 or 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 or 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 or 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 or 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 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 or 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 or 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 or Gu request the local council to reconsider such resolution, and the head of the relevant Si/Gun or 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 or 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.

Article 202(Rules) #

(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 or autonomous Gu, he or she shall notify the Mayor/Do Governor of the matters approved.

Article 1(Purpose) #

Article 2(Categories of local governments) #

Article 3(Juristic personality and jurisdiction of local governments) #

Article 4(Special cases concerning types of organizations of local government) #

Article 5(Names and jurisdictions of local governments) #

Article 6(Boundary changes for jurisdictions of local governments) #

Article 7(Names and jurisdictions of non-autonomous Gus, Eups, Myeons, and Dongs) #

Article 8(Succession to affairs and property upon change of jurisdictions or abolishment, establishment, division or consolidation of local governments) #

Article 9(Location of office) #

Article 10(Standards for establishment of Si/Eup) #

Article 11(Basic principles for allocation of affairs) #

Article 12(Basic principles for conducting affairs) #

Article 13(Scope of affairs of local governments) #

Article 14(Criteria for allocation of affairs of local governments by type) #

Article 15(Restriction on conduct of state affairs) #

Article 15-2(Prior consultation on decentralization) #

Article 16(Qualifications of residents) #

Article 17(Rights of residents) #

Article 18(Referendum) #

Article 19(Request for enactment, amendment, or repeal of municipal ordinances) #

Article 20(Submission of opinions on establishment, amendment, or repeal of rules) #

Article 21(Residents’ request for inspection) #

Article 22(Residents’ lawsuit) #

Article 23(Request for payment of damages) #

Article 24(Order for compensation) #

Article 25(Recall by residents) #

Article 26(Disclosure of information to residents) #

Article 27(Obligations of residents) #

Article 28(Municipal ordinances) #

Article 29(Municipal rules) #

Article 30(Limitation to enactment of municipal ordinances and municipal rules) #

Article 31(Enforcement of municipal ordinances and municipal rules upon establishment of local governments or change of levels thereof) #

Article 32(Procedures for enactment of municipal ordinances and municipal rules) #

Article 33(Methods of promulgating municipal ordinances and rules) #

Article 34(Administrative fines for violation of municipal ordinance) #

Article 35(Reporting) #

Article 36(Enactment of statutes governing local elections) #

Article 37(Establishment of local councils) #

Article 38(Election of local council members) #

Article 39(Term of office of local council members) #

Article 40(Expenses for legislative activities of council members) #

Article 41(Experts specializing in policy support for council members) #

Article 42(Compensation for injury or death) #

Article 43(Prohibition on concurrent office-holding) #

Article 44(Obligations of council members) #

Article 45(Notification of arrest of council members and final and conclusive judgment) #

Article 46(Responsibilities of local councils) #

Article 47(Matters for resolution by local councils) #

Article 47-2(Confirmation hearings) #

Article 48(Demand for submission of documents) #

Article 49(Authority to inspect and investigate administrative affairs) #

Article 50(Report on results of inspection or investigation of administrative affairs) #

Article 51(Reporting on status of conducting administrative affairs and answering questions) #

Article 52(Local council rules) #

Article 53(Regular sessions) #

Article 54(Extraordinary sessions) #

Article 55(Public announcement of agenda items to be submitted) #

Article 56(Opening, adjourning, and closing meetings, and number of days in session) #

Article 57(Election and term of office of vhairperson and vice chairperson) #

Article 58(Duties of chairperson) #

Article 59(Acting on behalf of chairperson) #

Article 60(Acting chairperson) #

Article 61(By-election) #

Article 62(Resolution of no confidence in chairperson and vice chairperson) #

Article 63(Acting for chairperson at election of chairperson) #

Article 63-2(Negotiating groups) #

Article 64(Establishment of committees) #

Article 65(Special committee on ethics) #

Article 66(Ethics investigation advisory committee) #

Article 67(Authority of committees) #

Article 68(Expert members) #

Article 69(Attending committee meetings) #

Article 70(Opening of committee meetings) #

Article 71(Municipal ordinances governing committees) #

Article 72(Quorum for proceedings) #

Article 73(Quorum for resolution) #

Article 74(Method of voting) #

Article 75(Open sessions) #

Article 76(Proposal of bills) #