Article 1(Purpose) #
The purpose of this Act is to rectify side effects of excessive concentration into the Seoul metropolitan area and promote regional development, the balanced development of the State, and the enhancement of national competitiveness by establishing Sejong City as a multi-functional administrative city.
Article 2(Scope of Application) #
This Act shall apply only to the areas within the jurisdiction of Sejong City.
Article 3(Responsibilities of the State) #
(1) The State shall continuously improve relevant statutes or regulations necessary for the establishment of local autonomy and the realization of regional development in Sejong City and shall take other legislative and administrative measures therefor. In such cases, the distinct characteristics of the administrative system of Sejong City under Article 6 (2) shall be reflected therein.
(2) The State shall formulate policies and support plans for the symbiotic development of Sejong City and its adjoining areas.
(3) The State shall formulate policies and plans with which Sejong City can strengthen its autonomy in administration and finance and can play its pivotal role to lead the balanced development of the State, by evaluating the goals for the operation of Sejong City and the level of achievement of such goals.
Article 4(Responsibilities of Sejong City) #
(1) Sejong City shall actively cooperate with the State in the formulation and implementation of the State's policies on Sejong City.
(2) Sejong City shall conclude an agreement with the Prime Minister on the goals for the achievements of Sejong City and the evaluation of such achievements (including matters concerning autonomy in education). In such cases, the Prime Minister shall consult beforehand with the heads of relevant central administrative agencies on the evaluation conducted to find whether various special exceptions and the relaxation of regulations have consequently contributed to the development and growth of Sejong City and on improvements in relevant systems according to the results of such evaluation.
(3) Sejong City shall take measures to enact, amend, or repeal its ordinances (hereinafter referred to as "City Ordinances") in conformity with the objectives of this Act with regard to matters that shall be prescribed or are authorized to be prescribed by municipal ordinances under this Act.
Article 5(Relationship to Other Statutes) #
The provisions concerning the management of organizations of Sejong City in this Act and special exceptions thereto shall take precedence over provisions of other Acts: Provided, That the foregoing shall not apply where any other Act expressly provides otherwise with regard to Sejong City.
Article 6(Establishment) #
(1) Sejong City shall be established as a city under the direct jurisdiction of the Government.
(2) No local government as defined in Article 2 (1) 2 of the Local Autonomy Act shall be established within the jurisdiction of Sejong City.
(3) Notwithstanding Article 3 (3) of the Local Autonomy Act, areas that have been urbanized within the jurisdiction of Sejong City shall be subdivided into Dongs, while the rest of the areas within the jurisdiction of Sejong City shall be subdivided into Eups and Myeons.
(4) The provisions regarding Eups/Myeons/Dongs in the Local Autonomy Act shall apply also to Eups/Myeons/Dongs established within Sejong City.
Article 7(Jurisdiction) #
(1) Yeongi-Gun in Chungcheongnam-Do is hereby disbanded.
(2) The following areas shall fall within the jurisdiction of Sejong Self-Governing City.
(3) The following areas shall be excluded from the jurisdiction of Cheongwon-Gun, Chungcheongbuk-Do and Gongju-Si, Chungcheongnam-Do.
Article 8(Special Exceptions to Application of Statutes or Regulations to Establishment of Sejong City) #
(1) If an Act or subordinate statute cites a local government, a City/Do, or a Si/Gun/Gu, such citation by statutes or regulations shall be deemed to include Sejong City for the purposes of statute or regulations.
(2) If an Act or subordinate statute cites a local council member, City/Do Council member, or Si/Gun/Gu Council member, such citation by statutes or regulations shall be deemed to include a member of Sejong City Council for the purposes of statute or regulations.
(3) If statutes or regulations cite the head of a local government, Mayor/Do Governor, or head of a Si/Gun/Gu, such citation by the Act or subordinate statute shall be deemed to include the Sejong City Mayor (hereinafter referred to as the "Mayor") for the purposes of statutes or regulations.
(4) If statutes or regulations cite a local council, City/Do Council, or Si/Gun/Gu Council, such citation by statutes or regulations shall be deemed to include the Sejong City Council (hereinafter referred to as the "City Council") for the purposes of statutes or regulations.
(5) If statutes or regulations cite municipal ordinances or rules of a local government, a City/Do, or a Si/Gun/Gu, such citation by statutes or regulations shall be deemed to include ordinances or rules of Sejong City for the purposes of statute or regulations.
(6) Deleted. <Apr. 18, 2017>
(7) If statutes or regulations cite the Superintendent of Education, such citation by statutes or regulations shall be deemed to include the Superintendent of Education of Sejong City (hereinafter referred to as the "Superintendent of Education") for the purposes of statutes or regulations.
(8) If the Framework Act on Local Taxes or statutes or regulations cite a local tax, metropolitan city tax, or Gu tax, such citation by statutes or regulations shall be deemed to include a tax of Sejong City for the purposes of statutes or regulations.
Article 9(Establishment of Committee for Support for Sejong City) #
(1) The Committee for Support for Sejong City (hereinafter referred to as the “Support Committee”) shall be established as an organization under the jurisdiction of the Prime Minister to deliberate on the following matters in order to contribute to regional development and balanced development of national land:
1. Plans for medium- to long-term development of Sejong City;
2. Assistance in enhancing autonomous administration and finance of Sejong City and in executing administrative affairs;
3. Measures to assist the local governments, the area of which shall be partially incorporated into the jurisdiction of Sejong City, such as Gongju-Si and Cheongwon-Gun, in administration and finance and to assist in preventing such areas from being hollowed;
4. The execution of an agreement under Article 4 (2) and the utilization of results of the evaluation conducted thereunder;
5. Other matters referred to the Support Committee by the Chairperson of the Support Committee or the Sejong City Mayor for deliberation as he or she deems necessary.
(2) The Support Committee shall be comprised of at least 25, but not exceeding 30 members, including one Chairperson.
(3) The Prime Minister shall serve as Chairperson of the Support Committee, and committee members shall be appointed or commissioned by the Prime Minister, from among the heads of relevant central administrative agencies, the heads of relevant local governments, and persons who have abundant knowledge and experience in urban development and local autonomy.
(4) A working committee shall be established for the Support Committee to examine agenda items for deliberation and perform affairs delegated by the Support Committee.
(5) A task force team may be organized to perform administrative affairs of the Support Committee and assist the Support Committee.
(6) Except as otherwise expressly provided for in this Act, matters necessary for the organization and operation of the Support Committee and the working committee, and for the organization and operation of the task force team shall be prescribed by Presidential Decree.
Article 10(Measures to be Taken According to Results of Deliberation by Support Committee) #
The Support Committee shall notify the heads of relevant central administrative agencies of the results of deliberation on matters specified in the subparagraphs of Article 9 (1), and the heads of central administrative agencies shall take necessary measures upon receipt of such notice.
Article 11(Special Exceptions to Entrustment of Administrative Affairs of Sejong City) #
(1) Sejong City, the Mayor, or the Superintendent of Education may partially entrust the administrative affairs within the jurisdiction of the City and the administrative affairs delegated under statutes or regulations to another local government or the head of another local government, or the Superintendent of Education of another local government, respectively.
(2) Except as provided in this Act in relation to the entrustment of administrative affairs, Article 168 of the Local Autonomy Act concerning the entrustment of administrative affairs shall apply mutatis mutandis. <Amended on Jan. 12, 2021>
Article 12(Balanced Development of Areas in Sejong City) #
(1) The Mayor shall invest at least the specified ratio of its total expenditure budget in projects for reducing inter-regional disparities (hereafter referred to as "projects for balanced local development" in this Article) in order to promote the balanced development of the areas within the jurisdiction of Sejong City.
(2) Areas eligible for the projects for balanced local development, the ratio of the project expenses for balanced local development to the total expenditure budget, and other necessary matters shall be prescribed by City Ordinance.
Article 13(Special Support for Sejong City) #
(1) The head of a central administrative agency may provide special assistance to Sejong City in administration and finance for urban planning for the areas within its jurisdiction and various projects for regional development.
(2) When the head of a central administrative agency implements various projects as policy measures, he or she may give priority to providing assistance to Sejong City.
Article 14(Special Exceptions to Finance) #
(1) Notwithstanding Article 8 (1) and (3) of the Framework Act on Local Taxes, the Mayor shall impose and collect Metropolitan City taxes and Gu taxes as taxes of Sejong City.
(2) Notwithstanding Article 6 (1) of the Local Subsidy Act, the Minister of the Interior and Safety may adjust the standard amount of financial demand to increase the general subsidy to be granted to Sejong City each year until 2023, taking into consideration of the distinct characteristics of the administrative system under Article 6, to the aggregate of the difference between the standard amount of financial demand defined under Article 7 of the same Act and the standard amount of financial revenue defined under Article 8 of the same Act and an amount not exceeding 25/100 of the difference, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 20, 2020>
(3) Notwithstanding Article 5 (1) of the Local Education Subsidy Act, the Minister of Education may adjust the standard amount of financial demand to increase the general subsidy to be granted to Sejong City each year until 2023 from the first fiscal year beginning after Sejong City is established, to the aggregate of the difference between the standard amount of financial demand defined under Article 6 of the same Act and the standard amount of financial revenue defined under Article 7 of the same Act and an amount not exceeding 25/100 of the difference, as prescribed by Presidential Decree. <Amended on Oct. 20, 2020>
(4) Notwithstanding Article 11 (2) 2 of the Local Education Subsidy Act, the Mayor need not transfer an amount equivalent to 45/100 of tobacco consumption tax to the special account for education expenses.
(5) Notwithstanding Article 11 (2) 3 of the Local Education Subsidy Act, the amount of money that the Sejong City Mayor shall transfer to the special account for education expenses shall be 36/1000 of the total amount of taxes of Sejong City (excluding the amount of earmarked taxes specified in Article 8 (2) 2 of the Framework Act on Local Taxes and the amount of local consumption tax paid to Sejong City under Article 71 (3) 3 (a) and Article 71 (3) 4 (a) of the Local Tax Act). <Amended on Dec. 31, 2019; Dec. 7, 2021>
[Paragraph (5) of this Article shall remain in force until December 31, 2026 under Article 2 of the Addenda to the Act No. 18543 (Dec. 7, 2021)]
Article 15(Special Exceptions to Organization) #
Notwithstanding Article 125 of the Local Autonomy Act, administrative organizations that shall be established within Sejong City and the full number of local public officials of Sejong City may be prescribed by City Ordinance, as prescribed by Presidential Decree, based upon its population, area, stages of urban development, and demand for administrative services. <Amended on Jan. 21, 2021>
Article 16(Exchange and Dispatch of Personnel between State and Sejong City) #
(1) The Mayor shall ensure that up to 5/100 of all public officials of the City are exchanged with personnel of other local governments, State agencies, public organizations, overseas administrative agencies, and other institutions, in consultation with the heads of such local governments, State agencies, public organizations, overseas administrative agencies, and other institutions, in order to improve the City's capabilities of executing autonomous administration and develop skills of its public officials.
(2) Criteria and methods for the exchange of personnel under paragraph (1) and other matters necessary for support to personnel to be exchanged shall be prescribed by City Ordinance.
(3) Notwithstanding Article 30-4 (4) of the Local Public Officials Act, the grounds for dispatch, the period of dispatch, the procedure for dispatch, and other matters necessary for service during the period of dispatch shall be prescribed by City Ordinance.
(4) In order to ensure consistency in implementing national policies and correlation between the State and Sejong City, the State shall fully cooperate with Sejong City in exchanging personnel.
Article 17(Principle of Protection from Disadvantageous Treatment) #
Any former local government incorporated into Sejong City or any particular area incorporated into any area within the jurisdiction of Sejong City in the course of establishing Sejong City shall not be deprived of advantages that it has enjoyed in administration and finance, nor shall any new burden be imposed upon local residents of the former local government or of the particular area.
Article 18(Guarantee of Fair Treatment of Public Officials) #
The Mayor shall treat public officials equally in personnel management, regardless of whether they originated from.
Article 19(Special Exceptions to Elections for Public Office) #
(1) Except as otherwise expressly provided for in this Act and the Public Official Election Act, the provisions concerning the election of Mayors/Do Governors and the election of members of City/Do Councils in the Public Official Election Act shall apply mutatis mutandis to matters concerning the election of the Mayor and the election of members of the City Council under this Act; and the provisions concerning the election of Superintendents of Education in the Local Education Autonomy Act shall apply mutatis mutandis to matters regarding the election of the Superintendent of Education of Sejong City, except as otherwise expressly provided for in this Act and the Local Education Autonomy Act.
(2) Notwithstanding Article 22 (1) and (3) of the Public Official Election Act, the full number of the City Council members elected from local constituencies (hereafter referred to as "City Council members from local constituencies" in this Article) shall be 16 persons. <Amended on Mar. 9, 2018>
(3) Notwithstanding Article 22 (4) of the Public Official Election Act, the full number of the City Council members elected as proportional representatives shall be 10/100 of the full number of the City Council members from local constituencies under paragraph (2). In such cases, a fraction less than one shall be rounded to one.
(4) A committee for demarcation of constituencies for the election of City Council members shall be established within the government of Sejong City in order to ensure fair demarcation of local constituencies, and the provisions concerning committees for demarcation of constituencies for council members of each autonomous Gu or Si/Gun in Article 24-3 of the Public Official Election Act shall apply mutatis mutandis to matters regarding the committee for demarcation of constituencies for the election of City Council members. <Amended on Jun. 19, 2015>
(5) Population, area, districts, transportation, and other conditions shall be considered in demarcating the local constituency for each City Council member, but the name and boundaries of the local constituency for each City Council member shall be prescribed by City Ordinance, as determined by the committee for demarcation of constituencies for the election of City Council members, notwithstanding Article 26 of the Public Official Election Act and attached Table 2 of the same Act.
(6) In demarcating local constituencies for City Council members pursuant to paragraph (5), no single Eup/Myeon/Dong shall be subdivided to incorporate any subdivision thereof into the local constituency for another City Council member.
Article 20(Special Exceptions to Petitions for Enactment, Amendment, or Repeal of City Ordinances) #
(1) Notwithstanding Article 5 (1) of the Residents' Initiative Act, residents who are at least 18 years old and fall under any of the following may file with the City Council a petition jointly signed by at least the number of residents specified by City Ordinance, which shall be at least 1/100 of all residents who are at least 18 years old but shall not exceed 1/20 of such residents, to enact, amend, or repeal municipal ordinances: <Amended on Oct. 19, 2021>
1. Persons registered as residents in any area within the jurisdiction of Sejong City;
2. Korean nationals registered in the register of persons with a reported domestic abode in Sejong City pursuant to Article 6 (1) of the Act on the Immigration and Legal Status of Overseas Koreans;
3. Persons specified by City Ordinance, among those registered in the register of foreigners in Sejong City under Article 34 of the Immigration Act with permanent residency status in the Republic of Korea under statutes or regulations relevant to immigration control (including where a person is permitted to reside permanently with a permit for the change in the status of sojourn or a permit for the extension of the period of sojourn).
(2) Except as provided in paragraph (1), matters necessary for petitions for enactment, amendment, or repeal of municipal ordinances may be prescribed by City Ordinance.
Article 21(Establishment and Duties of Audit Committee) #
(1) Notwithstanding Article 190 of the Local Autonomy Act (including cases to which the same Article shall apply mutatis mutandis pursuant to Article 3 of the Local Education Autonomy Act) and Article 81 of the Local Public Officials Act, the Audit Committee shall be established as an organization under the jurisdiction of the Mayor in order to investigate, monitor, inspect, analyze, and examine business affairs and activities of agencies subject to audit and personnel of such agencies and to take actions according to the findings thereof under Article 26 (hereinafter referred to as "autonomous audit"). <Amended on Jan. 12, 2021>
(2) The Audit Committee shall be independent in performing its duties.
(3) The Audit Committee shall be comprised of up to seven members, including one Chairperson of the Audit Committee (hereinafter referred to as the "Audit Committee Chairperson").
(4) Members of the Audit Committee shall be appointed or commissioned by the Mayor, from among persons who meet the requirements prescribed by City Ordinance for qualification, but two members shall be commissioned from among persons recommended by the City Council, while another two members shall be commissioned from among persons recommended by the Superintendent of Education: Provided, That the Audit Committee Chairperson shall be appointed by the Mayor with consent of the City Council thereto.
(5) The term of office of each member who is not a public official of Sejong City shall be three years: Provided, That a member appointed or commissioned to fill a vacancy shall serve for the remaining term of his or her predecessor.
(6) Detailed matters necessary for autonomous audit, including the specific methods and scope of autonomous audit, the guidelines with which members shall generally comply in their activities of autonomous audit, shall be determined by the Audit Committee Chairperson, subject to prior resolution thereon by the Audit Committee.
(7) Other matters necessary for the organization and operation of the Audit Committee shall be prescribed by City Ordinance.
Article 22(Audit Committee Chairperson) #
(1) The Audit Committee Chairperson shall represent the Audit Committee and shall administer all affairs of the Audit Committee.
(2) The Audit Committee Chairperson's term of office shall be three years.
(3) If the Audit Committee Chairperson is unable to perform his or her duties due to extenuating circumstances, the member appointed in accordance with rules prescribed by City Ordinance, from among members of the Audit Committee, shall act on behalf of the Audit Committee Chairperson.
Article 23(Secretariat of Audit Committee) #
(1) The Audit Committee shall have a secretariat to assist the Audit Committee in its activities of autonomous audit and to perform administrative affairs related to the Audit Committee.
(2) The secretariat of the Audit Committee referred to in paragraph (1) (hereafter referred to as the "Secretariat" in this Article) shall be staffed with Secretary General and employees comprised of local public officials in general service, in special service, or in educational administrative service.
(3) Other matters necessary for the organization, duties, and operation of the Secretariat shall be prescribed by City Ordinance.
Article 24(Autonomous Audit Plans) #
(1) The Audit Committee shall formulate an autonomous audit plan, containing the objectives, subject matters, and scope of an autonomous audit and the agency subject to audit, before conducting the audit in order to execute audits in a systematic and effective manner: Provided, That if it is necessary to revise an autonomous audit plan, the plan may be revised during the audit.
(2) The Audit Committee shall notify the head of the agency subject to an autonomous audit of the main contents of the audit plan under paragraph (1) by not later than 30 days before the scheduled date for audit: Provided, That the foregoing shall not apply where an autonomous audit must be conducted urgently or it is inevitable to obtain effectiveness of an autonomous audit.
(3) If an autonomous audit plan is revised after the Audit Committee notifies the audit plan to the head of the agency subject to audit under paragraph (2), the Audit Committee shall notify the head of the agency subject to audit of the revision without delay.
(4) The Audit Committee shall notify an autonomous audit plan under paragraph (1) (referring to a revised plan, if revised) to the Board of Audit and Inspection, the Minister of Education, the Minister of the Interior and Safety, and the Mayor (including the City Superintendent of Education, if the audit involves matters concerning education or art and science; the same shall apply hereinafter) within two weeks from the date the plan is formulated. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(5) If deemed necessary for an autonomous audit, the Audit Committee may request a person involved to take the following measures. In such cases, measures requested to be taken shall be limited to the minimum necessary for the audit, and the person requested to take such measures shall comply with such request, unless justifiable grounds exist:
1. The agency subject to the audit or a person who belongs to the agency: To appear or answer questions, to submit relevant documents, to seal articles, etc., to inspect data entered in a computerized information system, etc.;
2. An agency involved in the audit, except the agency under subparagraph 1, or a person who belongs to such agency: To make an appearance or answer questions and to submit relevant documents.
(6) When an audit conducted by the Audit Committee involves an affair that requires expertise or practical experience, the Audit Committee may request a public official in charge of audit in a central administrative agency, an employee of Sejong City, or an external institution, such as an accounting firm or research institute, or an expert to participate in the audit for investigation, examination, and analysis of relevant matters.
Article 25(Management of Findings of Autonomous Audit) #
(1) The Audit Committee shall report, to the Mayor, on the findings of an autonomous audit within 60 days after the audit is completed, except in extenuating circumstances: Provided, That findings of an autonomous audit concerning education or art and science shall be notified to the City Superintendent of Education.
(2) The findings of an autonomous audit that shall be reported or notified pursuant to paragraph (1) shall include measures to be taken, such as an order to recompense, disciplinary measure or reprimand, rectification, caution, improvements, recommendations, and criminal charge.
(3) If a measure to be taken based on the findings of an autonomous audit reported or notified pursuant to paragraph (1) falls within the scope of authority of the head of another agency, the Mayor or the City Superintendent of Education shall notify the head of the competent agency of relevant facts.
Article 26(Interruption of Prescription for Grounds for Disciplinary Measures or Reprimand) #
(1) When the Audit Committee commences or closes an investigation of a specific case, it shall notify the head of the agency or department subject to audit thereof within 10 days.
(2) The Mayor shall not carry on proceedings for a disciplinary measure or reprimand further from the date on which he or she is notified by the Audit Committee of the commencement of an investigation under paragraph (1) with regard to a specific case under investigation.
(3) If the prescriptive period for the ground of a disciplinary measure or reprimand expires or the remaining prescriptive period is less than one month because of the interruption of proceedings for the disciplinary measure or reprimand pursuant to paragraph (2), the prescriptive period shall be deemed to expire one month after the date on which the closing of the investigation is notified under paragraph (1).
Article 27(Obligation of Confidentiality) #
No member of the Audit Committee shall divulge confidential information made known to him or her in the course of performing his or her duties, not only while in service but also after he or she is retired from office.
Article 28(Special Exceptions to Establishment of Special Accounts for Metropolitan or Regional Development) #
The State shall subsidize Sejong City by establishing a separate account in the special accounts for balanced national development under the Special Act on Balanced National Development for the expenses incurred in implementing various State-subsidized projects in order to cure stable financial resources for the development of Sejong City. <Amended on Mar. 20, 2018>
[Title Amended on Mar. 20, 2018]
Article 29(Special Exceptions to Management of Funds of Local Government) #
The deadline that shall be otherwise specified by Presidential Decree for the retention of a fund pursuant to Article 4 (2) of the Framework Act on the Management of Local Government Funds may be specified by City Ordinance.
Article 30(Budgeting with Residents' Participation) #
(1) The Mayor shall allow residents to participate in the budget-formulation process by public invitation, etc.
(2) The extent of residents' participation in budget-formation, the method and procedure for the selection of participating residents, and other matters necessary for the process of residents' participation shall be prescribed by City Ordinance.