SPECIAL ACT ON THE RESTRUCTURING OF LOCAL ADMINISTRATIVE SYSTEMS

Article 1(Purpose) #

The purpose of this Act is to contribute to strengthening the capabilities of provinces, enhancing national competitiveness and increasing residents' convenience and welfare by prescribing agencies to restructure existing local administrative systems in response to rapid changes in the administrative surroundings, procedures, standards, scope, assistance, etc. of the State.

Article 2(Definitions) #

The terms used in this Act shall be defined as follows:

1. The term "local administrative systems" means a series of systems relating to the hierarchical structure of local autonomy and local administration, jurisdiction of local governments, distribution of functions, etc. among the State and local governments and among Special Metropolitan City/Metropolitan Cities/Dos (hereinafter referred to as "Cities/Dos") and Sis/Guns/Gus;

2. The term "local government consolidation" means establishing a new local government by consolidating two or more local governments from among the local governments prescribed in Article 2 (1) 2 of the Local Autonomy Act;

3. The term "consolidated local government" means a local government established after consolidation of two or more local governments among the local governments prescribed in Article 2 (1) 2 of the Local Autonomy Act.

Article 3(Basic Direction for Restructuring Local Administrative Systems) #

The restructuring of local administrative systems shall be promoted so as to reflect matters in the following subparagraphs in order to increase residents' convenience and strengthen the competitiveness of the State and provinces:

1. Rationalization of local autonomy and local administrative strata;

2. Adjustment of autonomous areas to increase residents' convenience;

3. Granting roles and functions meeting the scale and autonomous capability of local governments;

4. Revitalization of neighborhood autonomy based on neighborhoods.

Article 4(Responsibilities of State and Local Governments) #

(1) The State shall prepare legal and institutional measures necessary for the restructuring of local administrative systems by collecting public opinions from all levels of society.

(2) Local governments shall actively cooperate with the restructuring of local administrative systems promoted by the State.

(3) The State shall endeavor to complete the restructuring of local administrative systems before the election day in 2014for the members of local councils and the heads of local governments, following expiration of the respective terms of office, pursuant to Article 203 (1) of the Public Official Election Act.

Article 5(Relationship with other Acts) #

Where provisions concerning the restructuring of local autonomy systems, distribution of duties among local governments, decentralization, etc. exist in this Act, such provisions shall apply in preference to other Acts.

Article 6(Establishment of Local Administrative Restructuring Promotion Committee) #

(1) In order to promote the restructuring of local administrative systems, the Local Administrative Restructuring Promotion Committee (hereinafter referred to as "Restructuring Committee") shall be established under the President.

(2) The Restructuring Committee shall deliberate and decide upon the following matters:

1. Establishment of a basic plan and promotion plan for the restructuring of local administrative systems;

2. Standards, methods and coordination for local government consolidation;

3. Distribution of duties and financial resources among the State and local governments and among Cities/Dos and Sis/Guns/Gus;

4. Assistance of the State to consolidated local governments and exceptions thereto;

5. Improvement of autonomous duties such as educational autonomy, autonomous police, transfer of duties of special local administrative agencies, etc.;

6. Collection of opinions of local governments and residents concerning the restructuring of local administrative systems;

7. Establishment, functions and operations of autonomous resident organizations of Eup/Myeon/Dong;

8. Other matters the chairperson recognizes as necessary for promotion of restructuring of local administrative systems.

Article 7(Composition) #

(1) The Restructuring Committee shall consist of 27 members, including a chairperson and two vice chairpersons, and members shall consist of ex officio members and entrusted members.

(2) The Minister of Strategy and Finance, the Minister of Public Administration and Security and the Minister of the Prime Minister's Office shall be the ex officio members.

(3) The entrusted members shall consist of six persons recommended by the President, ten persons recommended by the Speaker of the National Assembly, and eight persons comprised of two persons recommended respectively by each representative of the four consultative councils prescribed in Article 165 of the Local Autonomy Act, among those with abundant knowledge and experience, and public confidence shall be entrusted by the President.

(4) A chairperson and a vice chairperson shall be entrusted by the President from among entrusted members, and the Minister of Public Administration and Security shall be one of the vice chairpersons.

(5) Entrusted members shall serve a two-year term and may be re-entrusted: Provided, That where a member is newly entrusted because of his/her predecessor's resignation, etc., such member's term of office shall be the remaining period of the term of office of his/her predecessor.

(6) In order to efficiently deliberate on the duties of the Restructuring Committee, the Restructuring Committee may have subcommittees.

(7) In order to efficiently assist the duties of the Restructuring Committee, the Restructuring Committee may have an exclusive assistance organization and specialized personnel attached thereto.

(8) Matters necessary for the organization and operations of the Restructuring Committee such as internal meetings, management and operation of subcommittees and exclusive assistance organization, etc. shall be prescribed by Presidential Decree.

Article 8(Requesting Related Institutions, etc. for Cooperation, etc.) #

(1) Where necessary to perform duties, the Restructuring Committee may hear opinions of the relevant local government, residents, etc. or request the relevant institutions, juristic persons, organizations, etc. for necessary cooperation such as the presentation of data and opinions, etc.

(2) The Restructuring Committee may request a person recognized to possess specialized knowledge or experience necessary to perform the duties of the Restructuring Committee to attend the Restructuring Committee and state his/her opinions.

(3) The institutions, juristic persons, organizations, etc. that have been requested for cooperation as prescribed in paragraph (1) shall comply with it without delay.

Article 9(Reporting) #

The Restructuring Committee shall report the progress of activities concerning the restructuring of local administrative systems to the President and the National Assembly, and present a comprehensive basic plan on the restructuring of local administrative systems (hereinafter referred to as "basic plan") to the President and the National Assembly no later than June 30, 2012 unless any special reason exists.

Article 10(Term of Existence of Restructuring Committee) #

The Restructuring Committee shall exist until December 31, 2014.

Article 11(Legislative Measures of National Assembly) #

The National Assembly shall enact or amend Acts concerning the restructuring of local administrative systems based on the basic plan presented as prescribed in Article 9; however, it shall respect the opinions of the Restructuring Committee in the case of such enactments or amendments.

Article 12(Consolidation of Excessively Small Gus) #

The Special Metropolitan City and Metropolitan Cities shall exist as a local government; however, Gus having an excessively small number of people or excessively small area from among the Gus in the jurisdiction of Special Metropolitan City and Metropolitan Cities shall be consolidated to attainan appropriate size.

Article 13(Status, etc. of Gus and Guns in Jurisdiction of Special Metropolitan City and Metropolitan Cities) #

The Restructuring Committee shall include a restructuring plan on the status, functions, etc. of Gus and Guns in the jurisdiction of Special Metropolitan City and Metropolitan Cities in the basic plan prescribed in Article 9 and report thereon to the President and the National Assembly.

Article 14(Reestablishment of Status and Functions of Dos) #

(1) A Do shall remain intact as a local government; however, the Restructuring Committee shall prepare a restructuring plan for Dos, including the reestablishment of status and functions of Dos, etc., in relation to the consolidation, etc., of Sis and Guns under this Act and provide a report thereon to the President and the National Assembly by no later than one year before the election day of the members of local councils or the heads of local governments to be held in 2014 following the expiration of their term of office pursuant to Article 203 (1) of the Public Official Election Act.

(2) The reestablishment of status and functions of Dos shall be prescribed by separate Acts.

Article 15(Restructuring of Si/Gun/Gu) #

(1) The State shall assist the local government consolidation for areas in need of consolidation, comprehensively considering the population, geographic surroundings, zone of life, economic bloc, developmental potential, regional characteristics, historical and cultural identity of Si/Gun/Gu.

(2) The consolidation of Sis, Guns and Gus pursuant to paragraph (1) shall not be restricted by the jurisdictional boundary of City/Do and Si/Gun/Gu.

Article 16(Establishment of Consolidated Local Governments) #

(1) Consolidated local governments shall be established as Sis, Guns or Gus prescribed in Article 2 (1) 2 of the Local Autonomy Act.

(2) Consolidated local governments may establish Gus other than an autonomous Gu, branch offices, etc. in the district of a local government to be disbanded, following consolidation as prescribed by relevant Acts and subordinate statutes.

(3) Consolidated local governments shall establish a Dong in an area having the form of a city, and an Eup or Myeon in other areas; however, such governments may establish a Eup, Myeon or Dong in an area other than an autonomous Gu notwithstanding Article 3 (3) of the Local Autonomy Act.

Article 17(Procedures for Consolidation of Sis, Guns and Gus) #

(1) The Restructuring Committee prescribed in Article 6 shall prepare standards for the consolidation of Sis, Guns and Gus and publicly announce such standards.

(2) The head of a local government, local council or residents more than the number prescribed by Presidential Decree within the extent between one percent and two percent of the total number of persons having voting rights pursuant to Article 5 of the Residents' Voting Act may make suggestions on the consolidation to the Restructuring Committee.

(3) The Restructuring Committee shall prepare plans for the consolidation of Sis, Guns and Gus; however, it shall take the suggestions prescribed in paragraph (2), if any, into consideration.

(4) The Restructuring Committee shall include plans for the consolidation of Sis, Guns and Gusunder paragraph (3) in the basic plan under Article 9, and report thereon to the President and the National Assembly.

(5) The Minister of Public Administration and Security may suggest regarding the consolidation of local governments to the heads of relevant local governments according to the plans for the consolidation of Sis, Guns and Gus prescribed in paragraph (4).

(6) The Minister of Public Administration and Security shall hear opinions of the relevant local councils concerning the suggestions on theconsolidation of local governments pursuant to paragraph (5): Provided, That in cases where the head of relevant local government has conducted a resident poll at the request of the Minister of Public Administration and Security made as the Minister recognized it necessary, this shall not apply.

(7) Where a resident poll has been conducted as prescribed in paragraph (6), a resident poll shall be deemed conducted pursuant to Article 8 of the Residents' Voting Act.

(8) Where the head of a local government is requested to conduct a residential poll with regard to the consolidation of Sis, Guns and Gus pursuant to this Act, he/she shall publicize it without delay and conduct a residential poll notwithstanding Articles 8 (2) and (3) and 13 (1) 1 of the Residents' Voting Act.

(9) The Residents' Voting Act shall apply to the residential poll prescribed in paragraph (6), except for those prescribed by this Act.

Article 18(Joint Consolidation Promotion Committee) #

(1) If the will of a local government regarding a consolidation is confirmed through hearing the opinions of local councils, residential polls, etc,. as prescribed in Article 17, the heads of the relevant local governments subject to consolidation shall jointly establish a joint consolidation promotion committee in order to deliberate on the detailed matters concerning consolidation such as name, seat of a local government building, duties of the local governments, etc.

(2) Members of the joint consolidation promotion committee prescribed in paragraph (1) shall be comprised of the heads of relevant local governments and persons recommended by local councils; the number of such members from each local government shall be equal.

(3) Members shall be commissioned jointly by the heads of the relevant local governments, and a chairperson shall be elected by mutual voting among members.

(4) An executive office may be established in order to manage the business of the joint consolidation promotion committee.

(5) Matters necessary for the joint consolidation promotion committeesuch as formation, deliberative matters, operations, executive office, etc. of the joint consolidation promotion committee shall be prescribed by Presidential Decree.

Article 19(Name, etc. of JointConsolidation Promotion Committee) #

(1) The joint consolidation promotion committee prescribed in Article 18 shall deliberate on and decide upon the name and seat of a local government building of the consolidated local government within 60 days from the day such committee is organized.

(2) Where the joint consolidation promotion committee fails to decide on the name and seat of a local government building of the consolidated local government within the period prescribed in paragraph (1), the Restructuring Committee may submit recommendations to the relevant joint consolidation promotion committee.

(3) Where the joint consolidation promotion committee fails to decide on the name and seat of a local government building of the consolidated local government within 30 days from the date it was presented a suggestion, the Restructuring Committee may coordinate them according to the standards prescribed by Presidential Decree.

(4) Matters necessary for the standards, procedures, etc. for the suggestion and coordination of the Restructuring Committee shall be prescribed by Presidential Decree.

Article 20(Establishment of Resident Autonomous Councils) #

In order to revitalize grass-root autonomy and to enhance the sense of democratic participation, a resident autonomous council consisting of residents of the relevant administrative district may be established in Eup, Myeon and Dong.

Article 21(Functions of Resident Autonomous Councils) #

(1) Where a resident autonomous council is established as prescribed in Article 20, the administrative functions of Eup, Myeon and Dong. shall be conducted directly by a local government; however, the duties of local government may be partially commissioned to or entrusted with the resident autonomous council as prescribed by relevant Acts, subordinate statutes, Municipal Ordinances and Municipal Rules.

(2) The resident autonomous councils shall conduct the following duties:

1. Matters concerning the harmony of residents in the district of the resident autonomous council and development thereof;

2. Matters concerning the management of duties commissioned and entrusted by the local government;

3. Other matters commissioned or entrusted according to relevant Acts, subordinate statutes, municipal ordinances and municipal rules.

Article 22(Organization, etc. of Resident Autonomous Councils) #

(1) Members of resident autonomous councils shall be entrusted by heads of local governments as prescribed by Municipal Ordinance.

(2) Matters necessary for the establishment and operations of resident autonomous councils, such as timing of establishment, organization, finance, etc. shall be prescribed by separate Act.

Article 23(Principle of Exclusion from Disadvantage) #

No administrative and financial interests of the previous local governments or specific areas shall be lost and no new burden shall be imposed on the local residents because of local government consolidation.

Article 24(Guarantee of Impartial Treatment to Public Officials) #

(1) The surplus in capacity of public officials arising from the consolidation of local governments shall be recognized as regular staff in addition to the prescribed number of staff; however, local governments shall actively endeavor to solve this matter.

(2) The consolidated local governments shall treat public officials attached to the disbanded local governments impartially in terms of personnel management.

Article 25(Support and Exceptions to Budget) #

(1) The State may support the expenses spent directly on the consolidation of local governments within budgetary limits to the local governments in the process of consolidation or to the consolidated local governments.

(2) The State may partially support the operation expenses, etc. (limited to the budget assumed by the State) reduced in accordance with the consolidation of local governments to the consolidated local governments.

(3) The first budget of a consolidated local government shall be calculated by consolidating each account and each budget item of the budget formulated and decided on by previous local governments.

Article 26(Special Assistance to Consolidated Local Governments) #

(1) The heads of central administration agencies and Special Metropolitan City Mayor, Municipal City Mayors and Do Governors (hereinafter referred to as "Mayors/Do Governors") may give special assistance, such as the payment of subsidies, funding, loans, etc. to the local governments as prescribed by Presidential Decree.

(2) In designating districts, areas, etc. for the development of specific areas, such as development promotion zones under the Balanced Regional Development and Support for Local Small and Medium Enterprises Act, and development promotion districts of underdeveloped areas and investment promotion districts of underdeveloped areas under the Special Act on the Promotion of Development Investments in Underdeveloped Areas, the heads of central administration agencies may preferentially designate a consolidated local government or part of areas within the jurisdiction of a consolidated local government, as prescribed by Presidential Decree.

(3) Where the heads of central administration agencies and Mayors/Do Governors implement various measures, projects, etc., they may preferentially assist the consolidated local governments.

Article 27(Exceptions to Calculation of Local Subsidies) #

(1) Notwithstanding the provisions of Article 7 of the Local Subsidy Act, if the financial shortage of a consolidated local government is smaller than the total of financial shortages (referring to the amount calculated by subtracting standard amount of revenue calculated in accordance with the same Act from the standard amount of financial requirement) of each local government to be disbanded in the year when the consolidated local government is established, the difference may be compensated to the standard amount of financial requirement of the consolidated local government with the general subsidies granted to the consolidated local government every year for four years from the fiscal year (referring to the next year where the consolidated local government is established on January 1) that first begins after the consolidated local government is established.

(2) The requirements for compensation for the standard amount of financial requirement, period thereof, standards therefor prescribed in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Public Administration and Security.

Article 28(Financial Assistance to Consolidated Local Governments) #

In addition to the general subsidies prescribed by Article 4 (2) 1 of the Local Subsidy Act, the State shall, for ten years,annually give additional assistance equal to six percent of the total amount of general subsidies for the local governments to be disbanded, which were granted in the year immediately preceding the year in which the consolidated local government is established, as prescribed by Presidential Decree. <Amended by Act No. 10992, Aug. 4, 2011>

Article 29(Exceptions to Budget) #

Every effort shall be made to make the budget of the consolidated local government maintain the percentage of expenditure budget occupied by each local government to be disbanded for a period prescribed by Presidential Decree from the day such consolidated local government is established.

Article 30(Exceptions to Prescribed Number, etc. of Vice Chairpersons of Local Councils) #

(1) Where a consolidated local government is established, one chairperson and vice chairpersons of anumber equal to the number of local governments to be disbanded shall be elected by secret ballots, notwithstanding Article 48 (1) of the Local Autonomy Act, until a new local council is organized through election first conducted after the term of office is expired, following the relevant local government is established. In such cases, a vice chairperson shall be elected respectively by each local government to be disbanded from among the councilors of local governments to be disbanded.

(2) The term of office of the first chairperson and vice chairpersons elected pursuant to paragraph (1) shall be the remaining term of office of the chairperson and vice chairpersons of the local governments to be disbanded.

Article 31(Exceptions to Prescribed Number, etc. of Councilors) #

The number of councilors to be elected in the jurisdiction of the local governments to be disbanded in delimiting the election district for the first election to be held in order to organize the council of a consolidated local government shall be prescribed in a way as to make the equal weight of population is reflected.

Article 32(Exceptions to Passenger Transport Service Act) #

(1) The freight charges, and standards and rates for freight charges and fees pursuant to Article 8 of the Passenger Transport Service Act applicable to the passenger transport business in the consolidated local government shall follow the standards and rates applied to the passenger transport business in the local governments to be disbanded: Provided, That such shall be adjusted within one year from the date the consolidated local government is established.

(2) Notwithstanding paragraph (1), the extra fee for a trip to a destination outside the city boundary applied to the taxi cab business of the local governments before consolidation shall be repealed on the date a consolidated local government is established.

(3) The standards for licensing or registration under Article 5 of the Passenger Transport Service Act, which is to be applicable to the passenger transport enterprises that have obtained license or made registration pursuant to Article 4 of the same Act in the Gun area to be disbanded, shall be applicable in the Gun area after a consolidated local government is established.

(4) Where a person who has obtained license of the passenger transport business pursuant to Article 4 of the Passenger Transport Service Act before a consolidated local government is established has to change the detailed type of the passenger transport business due to the establishment of a consolidated local government, such type of business shall be deemed changed on the date a consolidated local government is established, notwithstanding Article 7 of the same Act. In such cases, the competent agency shall issue a new license to the relevant passenger transport enterprise within one month from the day a consolidated local government is established.

Article 33(Exceptions to Duties for Large Cities) #

(1) Exceptions may be made for the administration, financial operation, guidance and supervision of large citieswith a population of over 500,000 and over one million which are not Special Metropolitan City or Metropolitan Cities, considering their characteristics, as prescribed by relevant Acts: Provided, That a local government with a population of over 300,000 and an area of 1,000 square meters or more shall be deemed as a large city with a population of over 500,000.

(2) The Restructuring Committee shall discover the exceptions prescribed in paragraph (1) and reflect them in the basic plan prescribed in Article 9.

Article 34(Exceptions to Duties for Large Cities with Population over One Million) #

The head of a large city with a population of over one million, which is not a Special Metropolitan City or Metropolitan City, may manage the following duties notwithstanding the provisions prescribed by the relevant Acts:

1. Issuance of local development bonds pursuant to Article 19 (2) of the Local Public Enterprises Act. In such cases, he/she shall obtain prior approval from the local council;

2. Permission for buildings pursuant to Article 11 (2) 1 of the Building Act: Provided, That in cases of any of the following buildings, he/she shall obtain pre-approval from the Do Governor:

(a) Buildings of 51 or more stories (including cases in which a building becomes 51 or more stories by extending the building by thirty percent or more of the total floor area);

(b) Buildings with a total floor area of 200,000 or more square meters (including cases in which the total floor area of a building becomes 200,000 or more square meters);

3. Designation of prearranged areas pursuant to Article 3 (1) of the Housing Site Development Promotion Act;

4. Designation of an urban renewal district and determination of renewal promotion plans pursuant to Articles 4 and 12 of the Special Act on the Promotion of Urban Renewal;

5. Approval for plans for the establishment of private museums and private galleries pursuant to Article 18 of the Museum and Art Gallery Support Act;

6. Fire prevention, fire precautions, fire suppression and investigation, and rescue, relief, etc. in accidents, disaster and other emergencies pursuant to Articles 3 and 6 of the Framework Act on Fire Services;

7. Presentation of applications for permission for diversion of farmland pursuant to Article 34 of the Farmland Act without going through the Do Governor;

8. Determination of the number of officials of Grade 5 or lower based on position and agency to be determined within the prescribed number of officials by local governments as prescribed in Article 112 of the Local Autonomy Act;

9. Request for the determination of changes in urban management plans on the designation and rescission of development restriction zones pursuant to Article 4 of the Act on Special Measures for Designation and Management of Development Restriction Zones.

[Subparagraph 6 to Enter into Force on January 1, 2012]

Article 35(Auxiliary Agencies, etc. of Large Cities with a Population of over One Million) #

(1) Notwithstanding Article 110 (1) of the Local Autonomy Act, a large city with a population of over one million shall have two vice mayors. In such cases, one of the vice mayors, notwithstanding Article 110 (4), may be appointed from among the local public officials as a permanent position, as an official in a special government service, or on a contractual basis.

(2) Where two vice mayors are appointed pursuant to paragraph (1), their titles shall be first vice mayor and second vice mayor, and the allotment of duties shall be prescribed by Municipal Ordinance of the relevant local government.

(3) Notwithstanding Articles 59, 90 and 112 of the Local Autonomy Act, the administrative organ and the prescribed number of officials of a large city with a population of over one million may be prescribed by Presidential Decree in consideration of the population, characteristics, size, etc. of a city.

Article 36(Exceptions to Finance of Large Cities) #

(1) The Do Governor shall secure a certain percentage of Do tax within the extent of less than ten percent of Do tax (excluding a regional resource facility tax on atomic power generation, and a regional resource facility tax and local education tax on certain real estate) collected by a large city under Article 33 (1) in addition to the financial supplement distributed pursuant to Article 29 of the Local Finance Act and directly deliver such to the relevant large city.

(2) The percentage of Do tax additionally delivered to a large citypursuant to paragraph (1) shall be prescribed by Presidential Decree in consideration of the scale, details, etc. of transferred duties.

(3) Notwithstanding Article 8 (2) 2 (a) of the Framework Act on Local Tax, a regional resource facility tax on the fire-fighting facilities pursuant to Chapter 11 of the Local Tax Act shall be a Si tax in cases of a large city with a population of over one million.

Article 37(Promotion of Decentralization) #

Without fail, the State shall promote the tasks of decentralization pursuant to the Articles 10 through 16 of the Special Act on the Promotion of Decentralization in order to achieve the objective of restructuring local administrative systems under this Act.

Article 38(Principles of Allotment of Duties) #

The allotment of duties between the State and local governments, and among Cities/Dos and Sis/Guns/Gus conducted in accordance with the restructuring of local administrative systems shall not overlap with one another.

Article 39(Exceptions to Transfer of Duties of Special Local Administrative Agencies) #

The head of a central administrative agency in charge of special local administrative agencies shall present a plan for the transfer of duties of special local administrative agencies to local governments within one year from the date this Act enters into force.

Article 40(Educational Autonomy and Autonomous Police) #

(1) The State shall endeavor for the consolidation of educational autonomy and local autonomy.

(2) The State shall conduct an autonomous police system in order to secure connectivity between local administration and public security adminstration and to offer public security appropriate for the regional characteristics.

(3) The implementation of educational autonomy and autonomous police shall be prescribed by other Acts.