Article 120(Procedures for designating Si/Gun/Gu eligible for special case treatment) #
(1) The head of a Si/Gun/Gu who intends to obtain designation from the Minister of the Interior and Safety pursuant to Article 198 (2) 2 of the Act shall request that the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor having jurisdiction over the relevant Si/Gun/Gu (hereafter referred to as "Special Metropolitan City Mayor, etc." in this Article and Article 121) establish a Si/Gun/Gu consultative council on special cases under Article 121 (1) (hereafter in this Article referred to as "consultative council on special cases") by submitting a written request for establishment prescribed by Ministerial Decree of the the Interior and Safety, accompanied by written special cases regarding administrative and financial management and the State's guidance and supervision, in consideration of the characteristics of the Si/Gun/Gu. In such cases, the head of a Si/Gun/Gu shall obtain a resolution passed by the local council. <Amended on Dec. 31, 2024>
(2) The Special Metropolitan City Mayor, etc., in receipt of a request under paragraph (1), shall organize the consultative council on special cases without delay and shall hold consultations within 90 days from the date of receipt of such request. In such cases, the period may be extended only once by up to 30 days where the Special Metropolitan City Mayor, etc. and the head of a Si/Gun/Gu have reached an agreement thereon. <Amended on Dec. 31, 2024>
(3) The head of a Si/Gun/Gu shall file an application for designation as a Si/Gun/Gu eligible for a special case treatment, with the Minister of the Interior and Safety, by submitting a written application for designation prescribed by Decree of the Ministry of the Interior and Safety, accompanied by the consultation results of the consultative council on special cases referred to in paragraph (2).
(4) Where consultations have failed to produce any result even with the passage of 120 days since a request was made for the organization of a consultative council on special cases, or where the Special Metropolitan City Mayor, etc. fails to organize a consultative council on special cases, the head of a Si/Gun/Gu may file an application for designation with the Minister of the Interior and Safety without attaching the consultation results under paragraph (3). <Amended on Dec. 31, 2024>
(5) Upon receipt of an application under paragraph (3) or (4), the Minister of the Interior and Safety shall notify the Special Metropolitan City Mayor, etc. having jurisdiction over the relevant Si/Gun/Gu and the head of the relevant central administrative agency of the details of the application without delay.
(6) Upon receipt of an application under paragraph (3) or (4), the Minister of the Interior and Safety shall designate the relevant Si/Gun/Gu as a Si/Gun/Gu eligible for a special case treatment, after deliberations and resolutions by the Deliberative Committee on Special Cases for Local Governments established under Article 122 (1). <Amended on Dec. 31, 2024>
(7) The Minister of the Interior and Safety shall publicly notify any designation under paragraph (6) and the details of deliberations and resolutions by the Deliberative Committee on Special Cases for Local Governments under Article 122 (1) in the Official Gazette, and shall notify accordingly the head of the relevant Si/Gun/Gu, the Special Metropolitan City Mayor, etc. having jurisdiction over the relevant Si/Gun/Gu, and the head of the relevant central administrative agency.
(8) Where the results of deliberations and resolutions by the Deliberative Committee on Special Cases for Local Governments indicate that measures, such as the amendment, etc. of statutes, regulations or municipal ordinances, are required under Article 122 (1), the Minister of the Interior and Safety shall recommend that the head of the relevant central administrative agency or the head of the local government take necessary measures.
(9) The head of the relevant central administrative agency or the head of a local government, in receipt of a recommendation under paragraph (8), shall endeavor to implement such recommendation, and where it is impracticable to implement it, he or she shall notify the Minister of the Interior and Safety of the reasons therefor.
(10) The Minister of the Interior and Safety may revoke the designation under paragraph (6) after deliberations and resolutions by the Deliberative Committee on Special Cases for Local Governments under Article 122 (1), in any of the following cases:
1. Where the head of the relevant Si/Gun/Gu applies for the revocation of designation;
2. Where the criteria for designation under Article 119 are deemed no longer met;
3. Other cases in which it becomes impracticable to achieve the purpose of designating special cases due to circumstantial changes unexpected at the time o f such designation, as deemed necessary by the Minister of the Interior and Safety.
(11) Where the Minister of the Interior and Safety designates a Si/Gun/Gu pursuant to paragraph (6), the Minister shall verify whether paragraph (10) 2 applies, after deliberations and resolutions by the Deliberative Committee on Special Cases for Local Governments under Article 122 (1) every five years from the date such designation is publicly notified in the Official Gazette.
(12) Paragraphs (1) through (9) shall apply mutatis mutandis to the procedures for the revocation of designation under paragraph (6).
(13) Except as provided in paragraphs (1) through (12), details regarding procedures for designating a Si/Gun/Gu eligible for a special case treatment shall be determined by the Minister of the Interior and Safety.