SPECIAL ACT ON THE PROMOTION OF DECENTRALIZATION

Article 1(Purpose) #

The purposes of this Act is to expediate the decentralization, to devise the development of provinces and elevation of national competitiveness, and to raise the quality of life of the people in the long-term through the comprehensive, systematic and planned promotion of tasks for the advancement of decentralization by clarifying the basic concept of decentralization and the duty of the State and local governments, and by prescribing basic principles, tasks for advancement, system for advancement, etc. concerning the promotion of decentralization.

Article 2(Definitions) #

The term "decentralization" in this Act means the rational allocation of authority and accountability of the State and local governments among the State and local governments so that the functions of the State and local governments become harmonious.

Article 3(Basic Concept of Decentralization) #

The basic concept of decentralization is to realize fruitful local autonomy in which the creativity and diversity of provinces are respected by having local governments decide voluntarily upon policies concerning the provinces through spontaneous participation of residents and by having local governments implement such policies at their own accountability, and by reasonable sharing roles among the State and local governments or among local governments.

Article 4(Principle of Enactment and Amendment of other Acts and Subordinate Statutes) #

Where Acts and subordinate statutes concerning local autonomy are enacted, they shall conform to the basic concept of decentralization, and related Acts and subordinate statutes shall be immediately reorganized.

Article 5(Responsibility of State and Local Governments) #

(1) The State shall collect the opinions of local governments and consultative council of the heads, etc. of local governments under Article 165 of the Local Autonomy Act (hereinafter referred to as "Consultative Council") to establish and carry out a policy to promote and support decentralization and prepare legal and institutional measures on administration and finance necessary therefor.

(2) Local governments shall prepare improvement measures, such as elevating the administrative and financial efficiency, etc. to comply with the policy of decentralization being promoted by the State.

(3) The State and local governments shall promote the simplification and efficiency of administration jointly with the promotion of decentralization.

(4) When making preparation for legal measures to carry out decentralization policy as prescribed in paragraph (1), the State shall make it comprehensively and collectively.

Article 6(Principle of Allocating Administrative Affairs) #

(1) The State shall allocate administrative affairs among the State and local governments or among local governments, considering the increase in the benefits of residents, effect of enforcement, etc. lest they overlap each other so that local governments may perform administration generally and voluntarily.

(2) When allocating administrative affairs as prescribed in paragraph (1), the State shall allocate the administrative affairs that are closely related to the lives of residents as the administrative affairs of Si/Gun/autonomous Gu (hereinafter referred to as Si/Gun/Gu), administrative affairs that are difficult for Si/Gun/Gu to deal with as the administrative affairs of Special Metropolitan City/Metropolitan City/Special Self-Governing Do (hereinafter referred to as City/Do), and the business that is difficult for City/Do to deal with as administrative affairs of the State, respectively.

(3) When the State allocates administrative affairs to a local government or the local government re-allocates administrative affairs to another local government, it shall allocate administrative affairs comprehensively so that the local government that has been allocated or re-allocated with administrative affairs may deal with the administrative affairs generally at its own accountability.

(4) When allocating administrative affairs as prescribed in paragraphs (1) through (3), the State and local governments shall respect the autonomy of private sector and shall minimize the participation of the State and local governments, and shall expand opportunities for civilians to participate in the administration.

Article 7(Schedule for Advancement of Decentralization) #

The State and local governments shall establish a plan concerning the schedule, method, procedures, etc, of promotion to perform the task of advancement of decentralization in Articles 10 through 16, and release the outcome of advancement at least twice a year, and shall endeavor to complete the performance of policies within the period during which this Act remains in force.

Article 8(Principle of Spontaneity and Participation) #

When the State promotes a decentralization policy, it shall respect the spontaneity of local governments and guarantee the participation of residents as much as possible.

Article 9(Example Performance of Policy of Decentralization) #

When necessary to promote the policy of decentralization, the State may perform it discriminately by showing precedents to correspond with actual circumstances.

Article 10(Devolution of Authority, Readjustment of Business Classification System, etc.) #

(1) The State shall proactively devolve its authority and administrative affairs to local governments in accordance with the principle of allocating administrative affairs under Article 6, and shall repeal administrative affairs delegated to the head of City/Do or head of Si/Gun/Gu as the administrative affairs of the State or City/Do, and shall divide them into two parts: autonomous administrative affairs and State administrative affairs.

(2) The State shall prepare legal measures necessary to comprehensively and collectively devolve authority and administrative affairs to local governments.

(3) The State shall provide composite administrative and financial assistance to local governments so that administrative affairs devolved to local governments may be performed smoothly.

Article 11(Reorganization, etc. of Special Local Administrative Agencies) #

(1) The State shall have local governments take charge of the administrative affairs that can be more efficiently performed by local governments from among the administrative affairs performed by special local administrative agencies, and shall not have functions similar to or overlapping with the function performed by local governments when the State intends to establish a new special local administrative agency.

(2) The State shall prepare plans to improve the autonomy of education systems by strengthening the authority and accountability of local governments concerning local education, by expanding the participation of residents concerning local education, etc.

(3) The State shall introduce autonomous police systems to secure connection between local administration and security administrations and to provide security services appropriate for regional characteristics.

Article 12(Expansion of Local Finance and Strengthening Soundness thereof) #

(1) The State shall secure new tax items to convert national tax to local tax so that the proportion of local tax is expanded, and shall strengthen the accountability of financial adjustment for areas lagging behind.

(2) Local governments shall strive to devise the stability of local finance by expanding revenue of its own and to secure the rationality of budgetary expenditure so that autonomous affairs are performed smoothly, and shall prepare plans to develop local finance, such as strengthening soundness by rationally improving the budget and accounting system through the introduction of double-entry accounting system, etc.

(3) Other matters necessary for the adjustment of source of tax revenue of local tax and proportion of local tax shall be prescribed by Presidential Decree.

Article 13(Revitalization of Local Council and Reformation of Local Election System) #

(1) The State shall take necessary legal measures to extend the extent of legislating Municipal Ordinances, etc. so that the autonomous legislative power of local governments is strengthened.

(2) The State and local governments shall prepare plans to strengthen the authority of local councils, such as expanding the authority of deliberation and resolution of local councils concerning important policies of local governments,

(3) The State and local governments shall improve the method of electing the heads of local governments and the members of local councils, and adjust the election district rationally, and expand the system of public management of election, etc.

(4) The State and local governments shall prepare plans to raise the professionalism of members of local councils and to strengthen the independent authority of the chairmen of local councils on the personnel management of public officials affiliated to local councils.

Article 14(Expansion of Resident Participation) #

(1) The State and local governments shall strengthen plans of direct participation of residents, such as complementing the residental election system, recall system of resident, resident appeal system, resident proposal system, etc. in order to revitalize resident participation.

(2) The State and local governments shall prepare plans to heighten awareness in participation of residents by encouraging and assisting volunteering, etc. by residents.

Article 15(Strengthening Capability of Self-Governing Administration) #

(1) Local governments shall take necessary measures, such as adjusting the administrative system, etc. in order to secure the fairness and transparency of administration and to strengthen the sense of accountability.

(2) The State may prepare a reasonable criterion on the operation of administration and finance of local governments, and may examine and assess accordingly in order to secure the unity of national administration and the sense of accountability of local administration.

(3) The State and local governments shall take necessary measures, such as revitalizing the exchange of public officials among the State and local governments or among local governments, improving education and training systems, etc. in order to heighten professionalism and strengthen capability of local public officials.

Article 16(Establishment of Cooperation System between State and Local Governments) #

(1) The State shall proactively assist the operation of Consultative Council in order to make concrete the mutual cooperation relationship, and shall reflect the opinions of the Consultative Council and local governments concerned proactively in the national administration.

(2) The State and local governments shall strengthen dispute settlement function, such as revitalizing the function of dispute settlement body in order to efficiently solve disputes arising among the State and local governments or among local governments, adjusting the dispute settlement system, etc.

(3) The State and local governments shall strive to introduce and utilize a special local government system, such as association of local government agencies, etc. in order to actively deal with abrupt changes in varying circumstances concerning local administration and to embody local autonomy in various forms.

Article 17(Advancement Organization) #

In order to deliberate upon the matters concerning general, systematic and planned expediting of the tasks for advancement of decentralization, a decentralization advancement committee (hereinafter referred to as "Committee") shall be established under the control of the President.

Article 18(Function) #

The Committee shall deliberate upon and decide on the matters in the following subparagraphs:

1. Matters concerning establishing the basic direction of decentralization and the establishment of promotion plan thereof;

2. Matters concerning the promotion of the tasks for promotion under Articles 10 through 16;

3. Matters concerning the establishment of detailed plan for promotion schedule of decentralization and the preparation of implementation plan;

4. Matters concerning the verification and assessment of the matters prescribed in subparagraphs 1 through 3;

5. Other matters that the Chairman presents for discussion.

Article 19(Composition and Operation of Committee) #

(1) The Committee shall consist of 10 or less members including the Chairman.

(2) Persons in the following subparagraphs shall become members of the Committee:

1. Persons commissioned by the President from among persons who have abundant knowledge and experience in decentralization;

2. Persons nominated by the Speaker of the National Assembly from among persons who have abundant knowledge and experience in the decentralization;

3. Persons nominated by the chairman of the Consultative Council.

(3) The Chairman shall be elected by mutual vote from among the members under paragraph (2) 1.

(4) Matters necessary for the composition and operation of Committee, such as term of member, meeting, management organization, etc. shall be prescribed by Presidential Decree.

Article 20(Working Committee, etc.) #

(1) The Committee may have a Decentralization Expedition Working Committee (hereinafter referred to as "Working Committee") in order to efficiently assist the administrative affairs of the Committee.

(2) The Committee may have specialized personnel in the Committee to professionally assist administrative affairs.

(3) The Committee may establish an organization exclusively for assistance for a limited period to efficiently deal with the administrative affairs of the Committee.

Article 21(Report, etc. of Promotion Circumstance) #

(1) The Committee shall periodically report to the President on the matters that have been deliberated upon and decided as prescribed in Article 18 and the matters of promotion of the policy concerning the decentralization.

(2) After reporting under paragraph (1), the Committee shall notify the heads of central administrative agencies and the heads of local governments of the reported details without delay.

(3) The heads of central administrative agencies and the heads of local governments who have been notified as prescribed in paragraph (2) shall promptly establish a practical plan on the decentralization and submit it to the Committee, and shall take necessary measures, such as legislating or amending the Acts and subordinate statutes concerned, etc

Article 22(Examination, Assessment, etc. of Condition of Performance) #

(1) The Committee shall examine and assess progress on the advancement of the central administrative agency concerned so that the practical plan on the decentralization may be implemented without a problem as prescribed in Article 21 (3), and shall report the result to the President after passing the deliberation of the State Council.

(2) The Committee may recommend the heads of central administrative agencies concerned to take necessary measures in accordance with the results of assessment under paragraph (1).