Enforcement Decree Of The Local Autonomy Act


Published: 2011-10-14

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.
CHAPTER Ⅰ GENERAL PROVISIONS
law view
 Article 1 (Purpose)   print
The purpose of this Decree is to prescribe matters delegated by the Local Autonomy Act as well as matters necessary for the enforcement thereof.
law view
 Article 2 (Relevant Local Councils)   print
The term "councils of the relevant local governments" under Article 4 (2) of the Local Autonomy Act (hereinafter referred to as the "Act") means the council of the local government concerned and the council of the immediately higher local government thereof.
law view
 Article 3 (Transfer of Affairs by Local Governments, etc. Resulting from Modification of Jurisdiction, etc.)   print
The provisions of Articles 66 through 70 shall apply mutatis mutandis to the transfer of affairs that results from the modification, abolition, establishment, division or consolidation of the jurisdictions of local governments, non-autonomous Gus, Eups, Myeons, Dongs and Ris under Articles 4 (1) and 4-2 (1) and (2) of the Act. <Amended by Presidential Decree No. 23222, Oct. 14, 2011>
law view
 Article 4 Deleted.<by Presidential Decree No. 23222, Oct. 14, 2011>   print
law view
 Article 5 Deleted.<by Presidential Decree No. 23222, Oct. 14, 2011>   print
law view
 Article 6 (Location of Office)   print
The location of office of a local government under Article 6 of the Act shall be determined, based on its principal office, by the unit in accordance with the following classifications:
1. Special Metropolitan City, Metropolitan Cities, and Dos: Si, Gun or autonomous Gu;
2. Special Self-Governing Province: Administrative cities under Article 15 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;
3. Special Self-Governing Cities, Sis, Guns, and autonomous Gus: Eup, Myeon, or Dong.
[This Article Wholly Amended by Presidential Decree No. 23222, Oct. 14, 2011]
law view
 Article 7 (Criteria for Establishment of Si and Eup)   print
(1) An area proposed to become a Si under Article 7 (1) of the Act shall satisfy the following requirements: <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
1. The ratio of the population residing in urbanized parts of the relevant area is required to account for not less than 60 percent of the total population;
2. The ratio of households engaged in the commerce, industries and other urban businesses of the relevant area is required to account for not less than 60 percent of the total number of households;
3. The amount of local tax payment per person, population density and population growth trend are required to exceed the criteria determined by Ordinance of the Ministry of Public Administration and Security.
(2) An area proposed to become a Si in the composite urban-rural community form under Article 7 (2) 2 and 3 of the Act shall satisfy the following requirements:
1. The ratio of households engaged in the commerce, industries or other urban businesses of the area is required to account for not less than 45 percent of the total number of households of the Gun;
2. The fiscal self-sufficiency ratio concerned, which is calculated by the following formula is required to exceed the average fiscal self-sufficiency ratio of Guns nationwide:
(3) An area proposed to become an Eup under the main sentence of Article 7 (3) of the Act shall satisfy the requirements in each of the following subparagraphs:
1. The ratio of population residing in urbanized parts of the area is required to account for not less than 40 percent of the total population;
2. The ratio of households engaged in the commerce, industries or other urban businesses of the area is required to account for not less than 40 percent of the total number of households.
law view
 Article 8 (Affairs by Kind of Local Government)   print
Examples of affairs by kind of local government under Article 10 (2) of the Act shall be as shown in annexed Table 1: Provided, That the same shall not apply to cases where other Acts and subordinate statutes stipulate otherwise.
law view
 Article 9 (Special Cases for Affairs of Autonomous Gu)   print
Examples of affairs handled not by autonomous Gus, but by the Special Metropolitan City or Metropolitan Cities, unlike Sis/Guns under Article 2 (2) of the Act are as shown in annexed Table 2: Provided, That the same shall not apply to cases where other Acts and subordinate statutes stipulate otherwise.
law view
 Article 10 (Special Cases for Affairs of Si with Population of 500,000 or More)   print
(1) Deleted. <by Presidential Decree No. 21075, Oct. 8, 2008>
(2) Examples of affairs of Dos which may be directly handled by Sis with a population of not less than 500,000 under the proviso to Article 10 (1) 2 of the Act are as shown in annexed Table 3: Provided, That the same shall not apply to cases where other Acts and subordinate statutes stipulate otherwise. <Amended by Presidential Decree No. 21075, Oct. 8, 2008>
law view
 Article 11 (Publication of Total Number of Residents)   print
The head of a local government shall publish the total number of residents of 19 years of age or older under Article 15 (1) of the Act (hereinafter referred to as "resident of 19 years of age or older") by January 10 each year.
[This Article Wholly Amended by Presidential Decree No. 21680, Aug. 13, 2009]
law view
 Article 12 (Certification of Representative of Applicants, etc.)   print
(1) The representative of the applicants (hereinafter referred to as "Representative") who intend to request the enactment, revision or abolition of a Municipal Ordinance under Article 15 (1) of the Act shall make an application in writing for the issue of a certificate of representative to the head of the relevant local government, attaching thereto a written application for the enactment, revision or abolition of the Municipal Ordinance (hereinafter referred to as a "written application") stating the purport, reasons, etc. of the application and a Bill for the enactment, revision or abolition of the Municipal Ordinance (hereinafter referred to as "residents' bill of Municipal Ordinance"). <Amended by Presidential Decree No. 23222, Oct. 14, 2011>
(2) The head of a local government shall, when he/she receives an application under paragraph (1), issue a certificate of representative and publish the purport thereof only when such representative is a resident 19 years of age or older.
law view
 Article 13 (Procedures for Request for Signature)   print
(1) The Representative may request residents 19 years of age or older to sign the applicants' roster. In such cases, the Representative shall attach thereto a written application or a copy thereof, a residents' bill of Municipal Ordinance or a copy thereof, and a certificate of representative or a copy thereof. <Amended by Presidential Decree No. 23222, Oct. 14, 2011>
(2) The Representative may delegate the right to request for signature under paragraph (1) to any resident 19 years of age or older, and in cases where he/she has delegated such right, he/she shall report the name of the delegated person and the date of delegation to the head of the relevant local government. In such cases, the head of the relevant local government shall issue, without delay, a certificate of report of delegation.
(3) The delegated person under paragraph (2) may request residents 19 years of age or older to sign the applicants' roster. In such cases, the delegated person shall attach thereto a written application or a copy thereof, a residents' bill of Municipal Ordinance or a copy thereof, a certificate of representative or a copy thereof, and a certificate of report of delegation. <Amended by Presidential Decree No. 23222, Oct. 14, 2011>
(4) The signature under paragraphs (1) and (3) shall be requested within six months in cases of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos and Special Self-Governing Province (hereinafter referred to as "Si/Do"), and within three months in cases of Sis/Guns/autonomous Gus from the date of publication under Article 12 (2): Provided, That when calculating the period for the request for signature, the period of election under Article 33 of the Public Official Election Act shall not be included therein. <Amended by Presidential Decree No. 23222, Oct. 14, 2011>
(5) No person shall be allowed to request a signature under paragraphs (1) and (3) during the period of an election under Article 33 of the Public Official Election Act.
law view
 Article 14 (Preparation of Applicants' Roster)   print
(1) A resident of 19 years of age or older who intends to sign the applicants' roster shall enter the following matters therein and affix his/her signature or seal: <Amended by Presidential Decree No. 21680, Aug. 13, 2009>
1. The name of the resident;
2. The resident registration number, report number of the place of residence or alien registration number;
3. Address, domicile or residence;
4. The date of signing.
(2) Where a person who has signed intends to withdraw his/her signature, he/she must withdraw it before the Representative submits the applicants' roster to the head of the relevant local government under Article 15 (1). In such cases, the Representative shall, without delay, delete the relevant signature from the applicants' roster.
(3) The applicants' roster shall be prepared by the unit of Eup/Myeon/Dong in cases of Sis/Guns/autonomous Gus, and by the unit of Si/Gun/autonomous Gu which are subdivided into Eups/Myeons/Dongs in cases of Cities/Dos.
law view
 Article 15 (Submission of Applicants' Roster)   print
(1) When the number of residents of 19 years of age or older who have signed the applicants' roster exceeds the number of residents under Article 15 (1) of the Act, the Representative shall submit the applicants' roster to the head of the relevant local government within ten days in cases of Cities/Dos and within five days in cases of Sis/Guns/autonomous Gus from the date on which the period for the request for signature under Article 13 (4) has passed.
(2) The head of a local government shall, when the applicants' roster is submitted under paragraph (1), publish the name and address of the Representative, purports of and reasons for the application, number of residents of joint signature, the period and place for the public reading of applicants' roster, method of raising objections, etc.
law view
 Article 16 (Public Reading of Applicants' Roster, Raising of Objections, etc.)   print
(1) The head of a local government shall keep the applicants' rosters for the competent local government and each Si/Gun/autonomous Gu in cases of Cities/Dos, and the applicants' rosters or copies thereof for the competent local government and each Eup/Myeon/Dong in cases of Sis/Guns/Gus at an open place for public reading.
(2) Where the head of a local government offers an applicants' roster or a copy thereof for public reading under paragraph (1), he/she shall take necessary measures to prevent the resident registration numbers, report numbers of the place of residence or alien registration numbers therein from being exposed. <Amended by Presidential Decree No. 21680, Aug. 13, 2009>
(3) A written objection under Article 15 (5) of the Act shall be filed stating the grounds therefor. <Amended by Presidential Decree No. 21680, Jun. 8, 2010>
(4) When a signature entered in the applicants' roster is not affixed by a person eligible for signing or confirming the signer of a signature is difficult, the head of a local government shall nullify such signature through deliberation of the municipal ordinances and rules deliberative council under Article 28 (hereinafter referred to as the "municipal ordinances and rules deliberative council") and notify the Representative of such fact without delay after correcting the applicants' roster.
(5) The head of a local government shall, where he/she intends to examine or make a decision on an objection under Article 15 (6) of the Act, undergo the deliberation of the municipal ordinances and rules deliberative council in advance. <Amended by Presidential Decree No. 21680, Aug. 13, 2009>
(6) The head of a local government may, when the number of residents of 19 years of age or older who have signed the applicants' roster falls short of the number of residents under Article 15 (1) of the Act as a result of a decision made under paragraphs (4) and (5), have the Representative compensate the shortage within five days in cases of Cities/Dos and within three days in cases of Sis/Guns/autonomous Gus.
(7) The head of a local government shall, when an applicants' roster compensated under paragraph (6) is submitted, publish the period and place for public reading, method of raising objections, etc. In such cases, paragraphs (1) through (5) shall apply mutatis mutandis to the procedures of public reading of compensated applicants' roster, raising objections, etc.
law view
 Article 17 (Examination of Requirements for Request)   print
(1) The head of a local government shall, when he/she intends to accept or dismiss a request under Article 15 (7) of the Act, submit it for the deliberation of the municipal ordinances and rules deliberative council in advance. <Amended by Presidential Decree No. 21680, Aug. 13, 2009>
(2) Article 27 of the Administrative Procedures Act shall apply mutatis mutandis to the submission of the opinion of the Representative of applicants under Article 15 (8) of the Act. <Amended by Presidential Decree No. 21680, Aug. 13, 2009>
law view
 Article 18 Deleted.<by Presidential Decree No. 23222, Oct. 14, 2011>   print
law view
 Article 19 (Competent Minister, etc.)   print
(1) Where a resident 19 years of age or older of a local government requests for an inspection under Article 16 (1) of the Act, if the details of such request involves not less than two ministries or departments, or the competent minister thereof is not clear, he/she may make such request to the Minister of Public Adminstration and Security. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(2) The Minister of Public Administration and Security may, when he/she receives a request under paragraph (1), designate the competent Ministry or department to handle the request through consultation with relevant Ministries and departments, and request such Ministry and department to handle the resident's request for inspection en bloc through consultation with the relevant Ministries and departments. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
law view
 Article 20 (Procedures for Residents' Request for Inspection)   print
(1) The provisions of Articles 12 (1), 13 (1) through (3) and (5), 14, 15 (2), 16 (2) through (5) and (7) and 17 (1) shall apply mutatis mutandis to requests for inspection of residents 19 years of age or older. In such cases, "enactment, revision or abolition of Municipal Ordinances" shall be construed as "inspection", "head of a local government" as "competent Minister or City Mayor/Do Governor", and "municipal ordinances and rules deliberative council" as "inspection request deliberative council".
(2) The competent Minister or a City Mayor/Do Governor shall, when he/she receives an application under Article 12 (1) which applies mutatis mutandis under paragraph (1), issue a certificate of representative only when the Representative is a resident 19 years of age or older.
(3) The signature under Article 13 (1) and (3) which applies mutatis mutandis under paragraph (1) shall be demanded within six months in cases of Cities/Dos and within three months in cases of Sis/Guns/autonomous Gus from the date on which the certificate under paragraph (2) is issued. In such cases, the period of election under Article 33 of the Public Official Election Act shall not be included in the calculation of the period for the request for signature.
(4) In cases where the number of residents of 19 years of age or older who have signed the applicants' roster exceeds the number of residents under Article 16 of the Act, the Representative shall submit the applicants' roster to the competent Minister within ten days in cases of Cities/Dos and to the City Mayor/Do governor within five days in cases of Sis/Guns/autonomous Gus from the date on which the period for the request for signature elapses under paragraph (3).
(5) The competent Minister and a City Mayor/Do governor shall keep the applicants' rosters and copies thereof for the relevant Ministry or department and each City/Do, Si, Gun and autonomous Gu, and the City Mayor/Do shall keep the applicants' rosters and copies thereof for the relevant City/Do and each Si, Gun, autonomous Gu, Eup, Myeon and Dong at an open place for public reading, respectively.
(6) When the number of residents of 19 years of age or older who has signed the applicants' roster falls short of the number of residents under Article 16 of the Act because of a decision made under Article 16 (4) and (5) which applies mutatis mutandis under paragraph (1), the competent Minister or a City Mayor/Do governor may have the Representative thereof compensate it within five days in cases of Cities/Dos and within three days in cases of Sis/Guns/autonomous Gus.
law view
 Article 21 (Procedures for Inspection, etc.)   print
Where the competent Minister or a City Mayor/Do Governor requests an inspection and necessary measures following the result of the inspection under Article 16 (3) and (6) of the Act, he/she shall comply with the conditions prescribed in the Regulations for Administrative Inspection on Local Governments. <Amended by Presidential Decree No. 22439, Oct. 13, 2010>
law view
 Article 22 (Publication of Result of Inspection)   print
When the inspection under Article 16 (3) of the Act is finalized, the competent Minister or a City Mayor/Do governor shall, without delay, publish a summary of the inspection process and the result of the inspection on whether or not the affair requested to be inspected was lawfully handled.
law view
 Article 23 (Cooperation between Ministries and Departments)   print
(1) The competent Minister or a City Mayor/Do governor may, if necessary when handling a residents' request for inspection, request the heads of the relevant Ministries and departments or the heads of local governments to render cooperation, such as provision of data and support of relevant public officials.
(2) The competent Minister or a City Mayor/Do governor may, in cases where an inspection is requested on a matter which has been inspected or is under inspection by another organ, confirm with such inspecting organ as to whether the inspection is under way, in connection with his/her handling of inspection duties under Article 16 (4) of the Act, and may, upon the completion of the inspection, request necessary cooperation with respect to the result of the inspection, such as submission of data.
(3) The heads of relevant Ministries and departments, heads of local governments and inspecting organs which have received a request for cooperation under paragraphs (1) and (2) shall render such cooperation, unless there is a justifiable ground not to do so.
law view
 Article 24 (Method of Publication, etc.)   print
The announcement of related matters under Article 16 (7) of the Act and Articles 11, 12 (2), 15 (2), 16 (7) and 22 of this Decree shall be made by means of posting on or publishing in official gazettes, local government's official bulletins, bulletin boards, computer networks or daily newspapers.
law view
 Article 25 (Reporting, etc.)   print
The competent Minister or a City Mayor/Do governor shall, in cases falling under any of the following subparagraphs, notify or report such fact to the Minister of Public Administration and Security: <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
1. Cases where he/she has made an announcement under Article 16 (7) of the Act and Articles 12 (2), 15 (2), 16 (7) and 22 of this Decree;
2. Cases where he/she has demanded to take necessary measures according to the result of an inspection and received a report on the result of such measures under Article 16 (6) of the Act.
law view
 Article 26 (Inspection Request Deliberative Council)   print
(1) The inspection request deliberative council (hereafter referred to as the "Deliberative Council" in this Article) shall be established under the control of the competent Minister or City Mayor/Do governor in order to deliberate on and resolve the matters provided for in paragraph (5) pertaining to requests for inspection by local government residents of 19 years of age or older.
(2) The Deliberative Council shall be comprised of not less than nine to not more than 13 members including one chairperson and one vice chairperson, on condition that not less than 1/2 of its members shall be commissioned under each of the items of paragraph (3) 2.
(3) The chairperson and vice chairperson of the Deliberative Council shall be elected by mutual vote from among its members, and members shall be persons the following:
1. A public official belonging to and nominated by the competent Minister or City Mayor/Do Governor;
2. A person falling under any of the following items, who is commissioned by the competent Minister or City Mayor/Do Governor:
(a) A person qualified as a judge, public prosecutor or attorney;
(b) A person qualified as a certified public accountant, engineer or architect, or licensed tax accountant;
(c) A person recommended by civil organizations (referring to non-profit non-governmental organizations under Article 2 of the AsSistance for Non-profit Non-Governmental Organizations Act);
(d) A person working as an associate professor or in a higher position at a college or university in charge of law, accounting, civil engineering or architectural engineering;
(e) Other persons who have knowledge and experience in the matters of an inspection.
(4) The term of office of any member commissioned by the competent Minister or City Mayor/Do Governor shall be two years. <Amended by Presidential Decree No. 23222, Oct. 14, 2011>
(5) The matters to be deliberated on and resolved in the Deliberative Council shall be as follows:
1. Examination of requirements for residents' request for inspection;
2. Confirmation of valid signatures entered in the applicants' roster of residents' request for inspection;
3. Examination of objections raised against the signatures in applicants' roster and decision-making thereon;
4. Other matters referred to a meeting by the competent Minister or City Mayors/Do Governors in connection with residents' request for an inspection.
(6) The resolutions of meetings of the Deliberative Council shall be made in the presence of a majority of registered members and by the affirmative vote of a majority of members present.
(7) The chairperson may, when he/she deems necessary to effectively handle matters referred to the meeting of the Deliberative Council, have relevant public officials, the person who has requested the inspection and other interested persons attend the meeting and state their opinions, or demand the provision of necessary data.
(8) Necessary matters concerning the organization, operation, etc. of the Deliberative Council, other than those provided in this Decree, shall be determined by the competent Minister if they fall under his/her authority and by Municipal Ordinance of the concerned City/Do if fall under the authority of the City Mayor/Do governor.
law view
 Article 27 (Form of Written Requests, etc.)   print
The forms for written requests and certificates of representative under Article 12, reports of delegation and certificates of report under Article 13, applicants' rosters under Article 14, written applications for raising an objection under Article 16 and the certificate of representative under Article 20 shall be determined by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
CHAPTER Ⅱ MUNICIPAL ORDINANCES AND RULES
law view
 Article 28 (Municipal Ordinances and Rules Deliberative Council)   print
(1) Where the head of a local government intends to enact, amend, repeal or promulgate Municipal Ordinances or Rules, a municipal ordinances and rules deliberative council (hereafter referred to as the "Deliberative Council" in this Article) shall be established under the control of the head of the relevant local government to deliberate on and resolve the enactment, amendment, repeal or promulgation of Municipal Ordinances or Rules.
(2) The Deliberative Council shall deliberate on and resolve the following matters:
1. Bills of municipal ordinances which are submitted by the head of the local government to the local council;
2. Bills of municipal ordinances for promulgation, which are resolved by the local council: Provided, That Bills of municipal ordinances for promulgation which are submitted to the local council by the head of the local government and resolved as it is originally prepared shall be excluded herefrom;
3. Where the enactment, amendment or repeal of a municipal ordinance is requested by residents, matters concerning the confirmation of valid signatures, objection application and requirements for the request;
4. Bills of Rules which the head of a local government intends to enact, amend or repeal;
5. Budget Bills, Bills of statement of accounts, and other matters submitted to the local council, which are deemed by the head of the local government to require the examination and deliberation of the Deliberative Council.
(3) The head of the relevant local government shall become the chairperson of the Deliberative Council, the Vice Governor, deputy Mayor or deputy head of a Si/Gun/Gu shall become the vice chairperson, and directors general and deputy directors general, or section chiefs and sub-section chiefs shall become its members: Provided, That in cases of deliberating on or resolving the matters in paragraph (2) 3, not less than five persons commissioned by the head of the competent local government, such as attorneys, professors and representatives of civil organizations who are knowledgeable and experienced in local autonomy, shall be included among the members.
(4) The meetings of the Deliberative Council shall pass resolutions by the affirmative vote of a majority of registered members, including the chairperson and vice-chairperson.
(5) Necessary matters concerning the operation of the Deliberative Council, other than those provided for in this Decree, shall be determined by regulations of a local government. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21680, Aug. 13, 2009>
law view
 Article 29 (Procedures for Promulgation of Municipal Ordinances and Rules)   print
(1) The promulgation of Municipal Ordinances and Rules shall be made in a full text.
(2) The intent of the enactment, amendment or repeal of Municipal Ordinances and Rules shall be stated in the full text of the promulgation of Municipal Ordinances and Rules under paragraph (1), to which the head of the relevant local government must affix his/her signature and official seal and record the date. In such cases, the fact that it has passed the resolution of the local council shall be stated in the full text of the promulgation.
(3) The fact that the full text of a promulgation which the chairperson of a local council promulgates under the latter part of Article 26 (6) of the Act has passed the resolution of the local council and the fact that it is promulgated under the latter part of Article 26 (6) of the Act shall be stated therein, to which the chairperson of the council must affix his/ her signature and official seal and record the date.
law view
 Article 30 (Methods of Promulgating Municipal Ordinances and Rules, etc.)   print
(1) The promulgation of Municipal Ordinances and Rules under Article 26 of the Act shall be made by means of publication in the official gazette of local governments concerned: Provided, That in cases where Municipal Ordinances and Rules are promulgated by the chairperson of a local council under Article 26 (6) of the Act, it shall be published in official gazettes or daily newspapers, or posted on the bulletin board.
(2) The main sentence of paragraph (1) shall apply mutatis mutandis to the cases where a local government or its head makes public notice or announcement on the condition that the provisions of paragraph (1) above and Article 29 (1) and (2) shall apply mutatis mutandis to the publication of budget under Article 133 (2) of the Act.
law view
 Article 31 (Date of Promulgation)   print
The date on which an official gazette or newspaper carrying Municipal Ordinances and Rules is published or Municipal Ordinances and Rules are posted on the bulletin board shall be regarded as the date of promulgation, public notice or publication of the Municipal Ordinances and Rules under Article 30.
law view
 Article 32 (Operating Rules)   print
Matters necessary for the promulgation, etc. of Municipal Ordinances and Rules other than those provided for in the Act or this Decree shall be determined by Municipal Ordinances of relevant local governments.
CHAPTER Ⅲ LOCAL COUNCILS
law view
 Article 33 (Criteria for Payment of Expenses for Parliamentary Activities, Travel Expenses, and Monthly Allowances, etc.)   print
(1) The criteria for the payment of expenses for parliamentary activities, travel expenses, and monthly allowances to the members of local councils under Article 33 (2) of the Act shall be determined by Municipal Ordinance within the amount that the deliberation committee on parliamentary expenses under Article 34 determines in consideration of the financial capacity, etc. of the local government concerned within the scopes in each of the following subparagraphs: <Amended by Presidential Decree No. 21075, Oct. 8, 2008>
1. Expenses for parliamentary activities: The amount under annexed Table 4;
2. Travel expenses: The amount under annexed Tables 5 and 6;
3. Monthly allowances: The amount under annexed Table 7.
(2) Expenses for parliamentary activities and monthly allowances under paragraph (1) shall be paid on the date on which the remunerations of public officials belonging to the relevant local government are paid.
law view
 Article 34 (Formation of Deliberation Committee on Parliamentary Expenses, etc.)   print
(1) The deliberation committee on parliamentary expenses under Article 33 (3) of the Act (hereafter referred to as the "Deliberation Committee" in this Article) shall be formed with ten members in cases where the criteria for the payment of the expenses under each subparagraph of Article 33 (1) of the Act are needed to be determined, on condition that its members be commissioned by the head of a local government under the recommendation of educational, legal and journalism circles, civil and social organizations, heads of Tongs and Ris, heads of local councils, etc. In such cases, the head of the local government shall endeavor to diversify such members. <Amended by Presidential Decree No. 21075, Oct. 8, 2008>
(2) To be eligible as a member, a person shall be 19 years of age or older, who has continued to have his/her resident registration in an area under the jurisdiction of the relevant local government for not less than one year as of January 1 of the year in which the Deliberation Committee was organized: Provided, That no person without the right to vote under Article 18 of the Public Official Election Act, nor public officials, council members and educational members belonging to the relevant local government and their spouses, lineal ascendants and descendants, and siblings shall become a member.
(3) The chairperson of the Deliberation Committee shall be elected by mutual vote from among its members and the term of office of members shall be one year from the date on which they are commissioned as a member. <Amended by Presidential Decree No. 21075, Oct. 8, 2008>
(4) Allowances and travel expenses may be paid to members who participate in the Deliberation Committee within the budgetary limit of the relevant local government.
(5) The Deliberation Committee shall determine the amount under Article 33 (1) by not later than the last day of October of the year in which the Deliberation Committee was organized by commissioning its members, and notify the head of the relevant local government and chairperson of the local council of such amount without delay, and the amount shall start to be applied from the following year. In such cases, the resolution on such decision shall be made by the affirmative vote of not less than 2/3 of registered members including the chairperson. <Amended by Presidential Decree No. 21075, Oct. 8, 2008>
(6) The Deliberation Committee shall, when it intends to determine an amount under paragraph (5), undergo procedures to collect the opinions of residents through public hearings or objective and fair public opinion survey organizations to secure the propriety and transparency of such determination, and reflect the results thereof. <Amended by Presidential Decree No. 21075, Oct. 8, 2008>
(7) The Deliberation Committee may request the submission of data and explanations by relevant persons necessary to make the decision under paragraph (5) from the head of a local government or the chairperson of a local council.
(8) The head of a local government shall, without delay, post the list of names of members of the Deliberation Committee, minutes of its meetings and matters notified under the former part of paragraph (5) on the Internet homepage, etc. of the local government. <Amended by Presidential Decree No. 21075, Oct. 8, 2008>
(9) Meetings of the Deliberation Committee shall be open to the public: Provided, That they may not be open to the public in cases where not less than 2/3 of members present agree. <Newly Inserted by Presidential Decree No. 21075, Oct. 8, 2008>
(10) Other matters necessary for the formation and operation of the Deliberation Committee shall be determined by Municipal Ordinance of relevant local governments.
law view
 Article 35 (Criteria and Procedures for Payment of Compensation for Injury, etc. of Members of Local Council on Duty)   print
(1) The criteria for the payment of compensation under Article 34 (2) of the Act shall be determined by Municipal Ordinance within the scopes in each of the following subparagraphs in consideration of the financial capacity of the relevant local government. In such cases, if a member who has been paid compensation under subparagraph 2 or 3 falls under subparagraph 1 or 2, he/she shall be paid the compensation under subparagraph 1 or 2 on condition that the amount shall be obtained by deducting the amount already paid under subparagraph 2 or 3:
1. In cases of death in the course of performing duties or death caused by an injury or illness on duty: An amount equivalent to the expenses for parliamentary activities of a member of a City/Do council for two years;
2. In cases of disability caused by an injury while on duty: An amount equivalent to the expenses for parliamentary activities of a member of a City/Do council for one year;
3. In cases of other injuries in the course of performing duties: The total amount of medical fees: Provided, That such amount shall not exceed the criteria for payment under subparagraph 2.
(2) For the purpose of examining whether or not an injury, death, etc. was caused while on duties, the amount of compensation, etc. under Article 34 (1) of the Act, a deliberative council on compensation for the injuries, etc. of the members of a local council (hereinafter referred to as a the "Deliberative Council on Compensation") shall be established in the local government.
(3) The Deliberative Council on Compensation under paragraph (2) shall consist of not more than five members including the chairperson, on condition that a deputy Mayor or vice governor in cases of Cities/Dos and a deputy head of a Si, Gun or Gu in cases of Sis/Guns/autonomous Gus shall become the chairperson and persons falling under any of the following subparagraphs, who are appointed or commissioned by the head of a local government, shall become the members:
1. One member of the relevant local council;
2. One public official belonging to the relevant local government;
3. One public official in medical service;
4. One person with knowledge and experience in social security.
(4) Compensation under Article 34 of the Act shall be determined and paid by the head of a local government in accordance with the application of a person entitled to receive the compensation and through the deliberation of the Deliberative Council on Compensation.
(5) Allowances may be paid to members attending the meetings of the Deliberative Council on Compensation within the budgetary limit: Provided, That the same shall not apply to members who are public officials belonging to the relevant local government.
(6) Necessary matters concerning the criteria, procedures, etc. for the payment of compensation other than those provided in this Decree shall be determined by Municipal Ordinance of the relevant local government.
law view
 Article 36 (Scope of Acquisition, Installation and Disposal, etc. of Important Property and Public Facilities)   print
(1) The term "acquisition and disposal of important property as determined by Presidential Decree" in Article 39 (1) 6 of the Act means the acquisition and disposal of important property under Article 7 (1) of the Enforcement Decree of the Public Property and Commodity Management Act.
(2) Notwithstanding the provisions of paragraph (1), if the acquisition and disposal of important property fall under the provisions of Article 7 (2) of the Enforcement Decree of the Public Property and Commodity Management Act, they shall not be included in the acquisition and disposal of important property.
(3) The term "installation and disposal of public facilities determined by Presidential Decree" in Article 39 (1) 7 of the Act means cases of newly installing or enlarging public facilities installed in accordance with Municipal Ordinances or other Acts and subordinate statutes under Article 144 of the Act, abolishing and modifying their uses, and transferring them to the State or other local governments on condition that their characters as public facilities be preserved.
(4) In cases where the acquisition, installation or disposal of important property or public facilities falls under both of subparagraphs 6 and 7 of Article 39 (1) of the Act, if there is a resolution of a local council in accordance with any of such provisions, it shall be deemed to have been resolved by the local council under Article 39 (1) 6 and 7 of the Act.
(5) In cases where a resolution or opinions of a local council has been made or heard under other Acts and subordinate statutes on the acquisition or disposal of important property or the installation or disposal of public facilities from among the matters subject to the resolution of a local council under Article 39 (1) 6 and 7 of the Act, the resolution of the local council under Article 39 (1) 6 and 7 of the Act shall be deemed to have been made.
law view
 Article 37 (Scope of Exchange and Cooperation)   print
The term "exchange and cooperation" in Article 39 (1) 10 of the Act means the establishment of Sisterhood relationships with foreign local governments or the inducement, holding, etc. of international events.
law view
 Article 38 (Method of Requesting Submission of Documents, etc.)   print
(1) Requests for the submission of documents under Article 40 of the Act shall be made three days before the date on which the documents are requested to be submitted at latest.
(2) Except as otherwise provided in Acts and subordinate statutes or Municipal Ordinances, the head of a local government who has received the request under paragraph (1) shall comply therewith.
law view
 Article 39 (Conducting Inspection or Investigation of Administrative Affairs)   print
(1) The inspection of administrative affairs of a local government under Article 41 of the Act shall be conducted during the first or second regular session each year under conditions prescribed by Municipal Ordinance of the local government concerned.
(2) In cases of a proposal for conducting an investigation on a specific matter from among the administrative affairs of a local government under Article 41 of the Act, the local council concerned shall make a resolution on whether or not to conduct such investigation. In cases of a proposal for conducting an investigation during the closing or adjournment of the local council meetings, such proposal shall be deemed a request for the convention or resumption of the local council meetings.
(3) An inspection or investigation shall be conducted according to the inspection or investigation plan under Article 41.
(4) A member of a local council may, if he/she is in need of clerical asSistance when conducting an inspection or investigation, receive asSistance from the clerical employees of the local council.
law view
 Article 40 (Formation of Administrative Affairs Inspection or Investigation Committee, etc.)   print
In cases where a local council intends to inspect or investigate the administrative affairs of the relevant local government, it may do so at a plenary session or by the unit of competent standing committees or by organizing a special committee.
law view
 Article 41 (Administrative Affairs Inspection or Investigation Plan)   print
(1) The competent standing committee or special committee under Article 40 (hereinafter referred to as the "inspection or investigation committee") shall prepare an inspection or investigation plan in which the following matters are entered and submit it to a plenary session and conduct an inspection or investigation after obtaining the approval of the plenary session:
1. Formation of the inspection or investigation committee;
2. Inspection or investigation schedule;
3. Guidance for inspections or investigations;
4. In cases of investigation, the purpose and scope thereof;
5. Other matters prescribed by Municipal Ordinance.
(2) A plenary session shall review the inspection or investigation plan under paragraph (1) and then approve or dismiss it by resolution.
(3) The chairperson shall, when an inspection or investigation plan is approved at a plenary session, notify the head of the relevant local government thereof without delay.
(4) In cases where an inspection or investigation is conducted directly at a plenary session under Article 40, an inspection or investigation plan stating the matters under paragraph (1) 2 through 5 shall be prepared, on which a resolution is to be made, and be notified to the head of the relevant local government without delay.
law view
 Article 42 (Organizations Subject to Inspection or Investigation of Administrative Affairs)   print
(1) Organizations subject to inspections or investigations shall be as follows: <Amended by Presidential Decree No. 22468, Nov. 2, 2010>
1. Relevant local governments;
2. Administrative organizations belonging to the relevant local government under Articles 113 through 116 of the Act and subordinate administrative organizations under Articles 117 and 120 of the Act;
3. Organizations related to education, science and sports which are established under Article 121 of the Act;
4. Local public enterprises under Article 146 of the Act, which are established by the relevant local government;
5. Institutions or organizations handling administrative affairs delegated or entrusted (excluding administrative affairs delegated or entrusted to local governments) under Article 104 (2) and (3) of the Act: Provided, That it shall be limited to cases where a resolution is made at a plenary session to the effect that it is especially necessary to conduct an inspection or investigation;
6. Funded-corporations or contributed-corporations, other than local public enterprises and local public corporations under Article 77-3 of the Local Public Enterprises Act, in which a local government funded or contributed not less than one-fourth of its capital: Provided, That the inspection or investigation shall be made only for the business, accounting and property related to such investment or contribution of the local government, if a plenary session passes a resolution that such inspection or investigation is specially needed.
(2) Where an affair of an organization subject to inspections or investigations under paragraph (1) falls under an affair of not less than two local governments, a local council shall, when it inspects or investigates it, consult with the local councils of the relevant local governments.
law view
 Article 43 (Method, etc. of Inspection or Investigation of Administrative Affairs)   print
(1) The notification of on-the-spot confirmation, and the request for the submission of documents or the request for the attendance, testimony and statement of opinions of the heads of local governments, relevant public officials, or persons related to affairs under Article 41 (4) of the Act shall be made through the chairperson three days before the date of on-the-spot confirmation, date of submission of documents, date of attendance, etc.
(2) Except as otherwise provided for in Acts and subordinate statutes or Municipal Ordinances, related persons or related organs which have received a request under paragraph (1) shall comply with such request, and render cooperation for inspections or investigations.
(3) In cases where the head of a local government, relevant public official or person related to the affairs who has received a request under paragraph (1) has a justifiable reason which makes him/her unable to comply with such request, he/she shall submit a written statement giving the reason therefor to the chairperson one day before the date of attendance, testimony, statement of opinion, etc.
(4) Fines for negligence under Article 41 (5) of the Act shall be imposed by the head of a local government in accordance with notification, etc. by the chairperson of the local council, on condition that the criteria for the imposition of fines for negligence shall be determined by Municipal Ordinance of the relevant local government.
(5) When the chairperson of a local council or the chairperson of a committee requests a witness to give testimony, he/she shall ask the witness to take an oath, and before the witness takes an oath, the chairperson of the local council or the chairperson of the committee shall inform the witness of the purpose of the oath and the possibility that he/she may be indicted if he/she commits perjury.
(6) The provisions of Article 8 of the Act on Testimony, Appraisal, etc. before the National Assembly shall apply mutatis mutandis to the method of witness' taking an oath.
law view
 Article 44 (Protection of Witnesses and Compensation for Actual Expenses)   print
(1) When a witness or a person for reference who gives testimony or makes a statement at a local council expresses his/her intention to the effect that he/she will not comply with the request for broadcasting, news coverage, etc. or demands a closed-door meeting because of special causes, broadcasting or news coverage may be prohibited or all or part of a meeting may not be disclosed by the resolution of a plenary session or committee.
(2) When a witness or a person for reference who gave testimony or made a statement at a local council demands a copy thereof, such copy may be delivered upon the approval of the chairperson.
(3) Actual expenses such as travel expenses shall, under conditions prescribed by Municipal Ordinance of the relevant local government, be paid to persons who have appeared at a local council or other places to submit documents, give testimony or make a statement under Article 41 (4) of the Act.
law view
 Article 45 (Limitations on Inspection or Investigation of Administrative Affairs)   print
No inspection or investigation shall infringe upon the privacy of individuals nor be conducted for the purpose of interfering in any pending trial or prosecution of a case under investigation.
law view
 Article 46 (Exclusion and Avoidance)   print
(1) In cases where a member of a local council has a direct interest or there is a considerable reason that makes it difficult to seek fairness, no such member shall be allowed to participate in the inspection or investigation on such matter.
(2) When a plenary session, or the inspection or investigation committee deems that the reason under paragraph (1) exists, it shall suspend inspections or investigations by the relevant member of a local council by a resolution and have other member conduct such inspections or investigations.
(3) When the relevant member of a local council has an objection against the taking of a measure under paragraph (2), he/she shall comply with the conditions as resolved upon at a plenary session.
(4) A member of a local council who has the reason under paragraph (1) may be exempt from inspections or investigations, obtaining the limited permission of a plenary session, or the inspection or investigation committee on such matter.
law view
 Article 47 (Duty of Care)   print
(1) Where any member of a local council intends to conduct an inspection or investigation, he/she shall exercise due care to ensure that the functions and activities of the organ subject to the inspection or investigation are not significantly impeded or that its confidential information is not disclosed.
(2) No members of local councils and clerical employees shall divulge confidential information that they have become aware of in the course of conducting inspections or investigations, without any justifiable ground.
law view
 Article 48 (Principle of Opening)   print
Inspections or investigations shall be open to the public: Provided, That they may be closed to the public according to the resolution of a plenary session, or the inspection or investigation committee.
law view
 Article 49 (Method, etc. of Conducting Inspection on Affairs of the State and Cities/Dos)   print
(1) Under Article 41 (3) of the Act, the provisions of Articles 39 through 48 and 50 through 52 shall apply mutatis mutandis to inspections conducted on the affairs of the State and affairs of Cities/Dos by City/Do councils and by the local councils of Sis/Guns/autonomous Gus, respectively.
(2) When the National Assembly or a City/Do council demands necessary data from a local council which has conducted an inspection under the latter part of Article 41 (3) of the Act, such local council shall comply with such demand.
law view
 Article 50 (Report on Results of Inspection or Investigation of Administrative Affairs)   print
(1) When the inspection or investigation committee finalizes an inspection or investigation, the chairperson of such committee shall submit a report on the inspection or investigation to the chairperson of the local council without delay and report it to a plenary session.
(2) The chairperson of a local council may have the chairperson of the committee make an interim report on inspections or investigations.
law view
 Article 51 Deleted.<by Presidential Decree No. 23222, Oct. 14, 2011>   print
law view
 Article 52 (Operating Rules)   print
Matters necessary for inspections or investigations, other than those provided for in the Act and this Decree, shall be determined by Municipal Ordinance of the relevant local government.
law view
 Article 53 (Notice of Vicarious Attendance and Defense)   print
When the head of a local government intends to have relevant public officials attend meetings of the local council or its committee and answer questions under the proviso to Article 42 (2) of the Act, he/she shall inform the chairperson of the local council or the chairperson of the committee of it in writing, stating the reason therefor before the commencement of a plenary session or meeting of the committee.
law view
 Article 54 (Date of Assembly of Regular Session, etc.)   print
(1) The first regular session, from among regular sessions under Article 44 of the Act, shall be held in June or July, and the second regular session in November or December each year: Provided, That the first regular session of the year in which a general election is held may be convened in September or October.
(2) Bills to be handled at regular sessions under paragraph (1) shall be as mentioned in each of the following subparagraphs:
1. The first regular session is to grant approval for the settlement of accounts under Article 134 of the Act and handle other Bills as referred to the meetings of local councils;
2. The second regular session is to pass a resolution on the budget Bill under Article 127 of the Act and other bills as referred to the meetings of local councils.
(3) The date of assembly and term of regular sessions and other necessary matters concerning the operation of regular sessions, other than those provided for in the Act and this Decree, shall be determined by Municipal Ordinance of the relevant local government.
law view
 Article 55 (Notification, etc. of No-Confidence Resolution)   print
In cases where a resolution of no-confidence against the chairperson or vice-chairperson of a local council is adopted under Article 55 of the Act, the local council shall notify the head of the relevant local government of the details thereof without delay, and the head of the local government who has received such notice shall report, without delay, the details thereof to the Minister of Public Administration and Security in cases of Cities/ Dos and to the City Mayor/Do governor in cases of Sis/Guns/autonomous Gus. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
law view
 Article 56 (Establishment of Special Committee)   print
(1) A special committee may be established by the resolution of a plenary session in cases where an inspection, etc. is needed on matters related to the competencies of several standing committees or special matters.
(2) When a special committee is proposed to be established under paragraph (1), the period of its operation shall be determined. In such cases, such period of operation may be extended by the resolution of a plenary session.
(3) A special committee shall submit a report on the results of its operation to a plenary session before the period of its operation terminates.
law view
 Article 57 (Preparation and Report of Minutes of Local Council)   print
(1) A local council shall record and keep the details of its meetings by means of stenography or tape recording.
(2) The chairperson of a local council shall give notice under Article 72 (3) of the Act within 30 days from the date on which a meeting ends, and the head of the local government who has received such notice shall, if there is a request by the Minister of Public Administration and Security or City Mayor/Do governor, report it within five days, attaching thereto a copy of minutes of the meeting. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(3) Necessary matters concerning minutes other than those provided for in the Act and this Decree shall be determined by the rules of meetings.
law view
 Article 58 (Attachment of Written Statement of Opinion of Petition-Introducing Member)   print
A written petition which is submitted to a local council under Article 73 of the Act shall be accompanied by a written statement of opinion of the member of the local council who introduces such petition.
law view
 Article 59 (Request for Supplementation of Petition)   print
In cases where a petition submitted to a local council fails to meet its requirements, the chairperson of the local council may request to supplement it, fixing a period of time.
law view
 Article 60 (Operating Rules)   print
Matters necessary for petitions other than those provided for in the Act and this Decree shall be determined by council rules.
law view
 Article 61 (Resignation of Members of Local Councils)   print
(1) When a member of a local council intends to resign, he/she shall submit to the chairperson of the local council, a letter of resignation to which he/she himself/herself has affixed his/her signature or seal.
(2) A local council shall put the issue as to whether or not to permit the resignation under Article 77 of the Act to a vote without discussion.
law view
 Article 62 (Examination of Qualifications of Members of Local Councils)   print
(1) The chairperson of a local council who has received a written request to examine the qualifications of a member of the local council under Article 79 of the Act shall forward a copy of such written request to the member to be examined and have him/her submit a written answer by fixing a period of time, and may, if such member fails to submit a written answer within such period of time without any justifiable ground, examine the qualifications of such member on the basis of the written request only.
(2) A local council may, if necessary, have a requesting member and a member to be examined attend a meeting and ask them questions.
(3) A member to be examined may have another member of the local council attend a meeting and speak for him/her.
law view
 Article 63 (Concurrent Holding of Offices by Clerical Employees)   print
Public officials belonging to the executive organ of a local government may serve concurrently as the secretary general, director general, director and employees assigned to the local council under Article 90 of the Act.
CHAPTER Ⅳ EXECUTIVE ORGANIZATIONS
law view
 Article 64 (Oath by Head of Local Government)   print
The head of each local government shall take the following oath on the occasion of his/her inauguration:
"I do solemnly swear that I will observe the law and faithfully perform my duties as City Mayor/Do governor (the head of the Si/Gun/Gu) to promote the welfare of residents and realize the development of the community and national policies."
law view
 Article 65 (Report on Resignation Notice of Head of Local Government)   print
(1) A resignation notice of the head of a local government under Article 98 of the Act shall be given ten days prior to the date of resignation: Provided, That the same shall not apply to cases where unavoidable circumstances exist.
(2) When the head of a local government has given a resignation notice under paragraph (1), it shall be reported immediately to the Minister of Public Administration and Security in cases of Cities/Dos and to the City Mayor/Do governor in cases of Sis/Guns/autonomous Gus. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
law view
 Article 66 (Transfer of Duties)   print
(1) The transfer of duties under Article 106 of the Act shall take place on the date on which the term of office of the new head of a local government commences in cases of resignation as a result of the termination of the term of office, and on the date on which the head of a local government resigns in cases where he/she resigns during his/her term of office, and all the affairs under his/her control shall be transferred to the new head of the local government or a person who vicariously executes the duties or authority thereof.
(2) In cases where a person who is to vicariously execute duties or authority takes over affairs under paragraph (1), such person shall transfer the affairs to the new head of the local government without delay when the new head of the local government becomes able to take over the affairs.
law view
 Article 67 (Written Statement of Transfer of Duties)   print
The transfer of duties under Article 66 shall be made by preparing a written statement of transfer of duties in which the following matters are stated and to which the transferor, transferee and witness affix their signatures and seals:
1. A list of documents and books;
2. A list of property, such as co-owned property, commodities, credits and debts;
3. A tabulation of current revenues and expenditures of budget and accounting, and a certificate of balance;
4. Important projects under planning or under way;
5. Other major matters.
law view
 Article 68 (Visit of Inspection at Time of Transfer of Duties)   print
(1) In cases of transferring affairs, a witness shall be appointed without fail, and the witness shall affix a seal to a written statement of transfer of duties upon the completion of transfer, confirming whether there is no defect in the written statement of transfer of duties.
(2) A visit of inspection at the time of transfer of duties shall be made by a vice governor, or deputy head of a Si/Gun/Gu: Provided, That in cases falling under any of the following subparagraphs, a person as determined by Municipal Rules of the relevant local government shall make a visit of inspection:
1. Cases where a vice governor, or deputy head of a Si/Gun/Gu is unable to make an inspection visit due to such causes as vacancy;
2. Cases where the person who vicariously executes duties or authority under Article 66 takes over duties;
3. Cases where the person who vicariously executes duties or authority under Article 66 (2) transfers affairs to the new head of a local government.
law view
 Article 69 (Omission of Document of Transfer of Duties)   print
Matters under each subparagraph of Article 67, the conditions of which can be confirmed by means of lists or ledgers kept at the time of transfer of duties may substitute the preparation of corresponding parts in a written statement of transfer of duties. In such cases, the intent thereof shall be entered in the written statement of transfer of duties.
law view
 Article 70 (Operating Rules)   print
Necessary matters concerning the transfer of duties by the heads of local governments, other than those provided for in the Act and this Decree, shall be determined by Municipal Rules of the relevant local government.
law view
 Article 71 (Reconsideration by Local Councils and Procedures)   print
(1) Requests for reconsideration under Article 26 of the Act and Article 107 or 108 of the Act may be made even when a local council is closed, and a local council which has received a request for reconsideration shall refer it to reconsideration within ten days from the date on which such written request for reconsideration arrived, unless there exist any unavoidable circumstances preventing such referral. In such cases, the period of time during which the local council is closed or in recess shall not be included.
(2) No head of any local government shall be allowed to request reconsideration for part of a resolution of the local council or by modifying such resolution.
law view
 Article 72 (Urgent Action)   print
(1) The term "matters which are urgently needed to protect the life and property of residents" under Article 109 (1) of the Act means those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 22564, Dec. 29, 2010>
1. Restoration of and rescue from damage caused by natural disaster or large fire;
2. Support for important military security;
3. Preventive measures against acute infectious diseases;
4. Other matters likely to cause serious damage to the life and property of residents if urgent action is not taken.
(2) When the head of a local government has taken urgent action, he/she shall report it to the Minister of Public Administration and Security in cases of Cities/Dos and to the City Mayor/Do Governor in cases of Sis/Guns/autonomous Gus. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21680, Aug. 13, 2009>
law view
 Article 73 (Number and Classes of Positions, etc. of Deputy Mayor/Vice Governor)   print
(1) The number of deputy Mayors of the Special Metropolitan City shall be three, and the number of deputy Mayors of each Metropolitan City and Vice Governors of each Do and the Special Self-Governing Province shall be two (three in a Metropolitan City and Do with a population of not less than 8,000,000) under Article 110 (1) of the Act.
(2) A deputy Mayor and Vice Governor whose offices are assumed by a State public official under Article 110 (2) of the Act (hereinafter referred to as "administrative deputy Mayor" or "administrative Vice Governor") shall be appointed from among State public officials in political service in the case of the Special Metropolitan City, and public officials in general service belonging to the Senior Civil Service under Article 2-2 of the State Public Officials Act in cases of Metropolitan Cities, Dos and the Special Self-Governing Province, on condition that their duty grades (referring to such duty grades assigned by the Minister of Public Administration and Security under Article 23 of the State Public Officials Act) shall be determined by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21214, Dec. 31, 2008>
(3) A deputy Mayor/Vice Governor appointed from among local public officials under the proviso to Article 110 (2) of the Act (hereinafter referred to as "political deputy Mayor" or "political Vice Governor") shall be appointed from among local public officials in political service in the case of the Special Metropolitan City and local public officials or local officers equal to those in Grade I extraordinary civil service in cases of Metropolitan Cities, Dos and the Special Self-Governing Province. <Amended by Presidential Decree No. 21680, Aug. 13, 2009>
(4) An administrative deputy Mayor/administrative Vice Governor shall administer the overall affairs of a City/Do and supervise public officials under his/her control, and a political deputy Mayor/political Vice Governor shall assist the competent City Mayor/Do Governor, participate in the formulation of policies and planning, and conduct other political affairs: Provided, That the political deputy Mayor/political Vice Governor of a Metropolitan City, Do and Special Self-Governing Province may share and perform the affairs of the administrative deputy Mayor/administrative Vice Governor as prescribed by Municipal Ordinance of a City/Do. <Amended by Presidential Decree No. 21680, Aug. 13, 2009>
(5) In accordance with the proviso to paragraph (4), the municipal ordinance of a City/Do shall prescribe the title of the political deputy Mayor/political Vice Governor who shares and performs the affairs of the administrative deputy Mayor/administrative Vice Governor. <Newly Inserted by Presidential Decree No. 21680, Aug. 13, 2009>
(6) In cases of Cities/Dos with two administrative deputy Mayors/administrative Vice Governors, they shall be divided into one administrative deputy Mayor 1, one administrative Vice Governor 1, one administrative deputy Mayor 2 and one administrative Vice Governor 2, and the allotment of affairs between them shall comply with the conditions prescribed in annexed Table 8. <Amended by Presidential Decree No. 21075, Oct. 8, 2008>
(7) The class of the deputy head of a Si/Gun/autonomous Gu shall comply with the following criteria:
1. Sis, Guns and autonomous Gus in Metropolitan Cities with a population of less than 150,000: Local administrative officer;
2. Autonomous Gus in the Special Metropolitan City with a population of less than 500,000, and Sis, Guns and autonomous Gus in Metropolitan Cities with a population of not less than 150,000 but less than 500,000: Local deputy commissioner;
3. Sis, Guns and autonomous Gus with a population of not less than 500,000: Local commissioner.
(8) In applying paragraph (7), the population shall be based on the number of residents having their resident registration in the relevant Si/Gun/autonomous Gu. The adjustment of classes according to changes in population growth, etc. shall comply with the following criteria: <Amended by Presidential Decree No. 21680, Aug. 13, 2009>
1. Where a population at the end of each year exceeds the population standard corresponding to the class of the deputy head of the relevant Si/Gun/autonomous Gu for two consecutive years, such class shall be adjusted upwardly on July 1 of the following year;
2. Where a population figure obtained by arithmetically averaging the populations at the end of each quarter of the preceding year falls short of the population standard corresponding to the class of the deputy head of the relevant Si/Gun/autonomous Gu for two consecutive years, such class shall be adjusted downwardly on July 1 of the following year;
3. Where a Si/Gun/autonomous Gu is newly established, the class of the deputy head of such Si/Gun/autonomous Gu shall be based on the current population as of the date of establishment of such Si/Gun/autonomous Gu.
(9) A deputy Mayor under the latter part of Article 35 (1) of the Special Act on Reorganization of Local Administrative System shall be appointed from among local commissioners, local public officials or contracted local public officials equal to those in Grade Ⅱ extraordinary civil service. <Newly Inserted by Presidential Decree No. 22468, Nov. 2, 2010>
law view
 Article 74 (Vicarious Exercise of Authority and Performance of Duties by Proxy)   print
(1) A Vice Governor, and deputy head of a Si/Gun/Gu (hereafter referred to as "deputy head of a local government" in this Article) who vicariously exercises the authority of the head of the local government under Article 111 (1) and (2) of the Act shall handle the affairs under the authority of the head of the local government as prescribed by Acts and subordinate statutes or Municipal Ordinances or Rules of the local government.
(2) Where any event under Article 111 (3) of the Act has occurred, the head of a local government shall determine the scope of duties and period of time in which a deputy head of the local government acts for him/her in writing in advance.
(3) A deputy head of a local government who performs the duties of the head of the local government by proxy under Article 111 (3) of the Act shall handle the affairs delegated or directed to be handled by the head of the local government in writing in advance under paragraph (2): Provided, That where urgency is required for the public interest, he/she may handle affairs under the authority of the head of the local government, other than those delegated or directed to be handled.
(4) Where a deputy head of a local government vicariously exercises the authority of the head of the local government or not under Article 111 (1) and (2) of the Act, he/she shall notify the local council of it immediately, and report it immediately to the Minister of Public Administration and Security in cases of Cities/Dos and to the City Mayor/Do Governor in cases of Sis/Guns/autonomous Gus. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(5) Under Article 110 (1) 1 and 2 of the Act, in cases of Cities/Dos with three deputy Mayors/Vice Governors, the priority to vicariously exercise the authority of a City Mayor/Do Governor or perform the duties of a City Mayor/Do Governor by proxy shall be given in the order of administrative deputy Mayor 1, administrative Vice Governor 1, administrative deputy Mayor 2, administrative Vice Governor 2, political deputy Mayor and political Vice Governor, and in cases of Cities/Dos with two deputy Mayors/Vice Governors, the priority to vicariously exercise the authority of a City Mayor/Do Governor or perform the duties of a City Mayor/Do Governor by proxy shall be given in the order of administrative deputy Mayor, administrative Vice Governor, political deputy Mayor and political Vice Governor. <Amended by Presidential Decree No. 22468, Nov. 2, 2010>
law view
 Article 75 (Establishment of Subordinate Organizations Under Direct Control)   print
A local government may, in cases where it is more efficient that a specialized institution performs its duties due to their nature, establish a subordinate organization under its direct control by Municipal Ordinance under Article 113 of the Act.
law view
 Article 76 (Establishment of Universities and Junior Colleges, etc.)   print
In cases where a local government intends to establish a university, junior college, etc. from among the subordinate organizations under its direct control under Article 75, it shall meet the following requirements:
1. The local government is required to have the financial capacity to support the establishment and operation of the university, junior college, etc.;
2. The area is required to have demand for industrial human resources and necessity for the university, junior college, etc. to supply such human resources;
3. It is required to contribute to balanced development between regions;
4. The mid-and long-term development plan, curriculums, and entrance quota of the university, junior college, etc. are required to be appropriate;
5. The community is required to provide active support for the establishment of the university, junior college, etc.
law view
 Article 77 (Establishment of Offices)   print
In cases where a local government meets the following requirements, it may establish an office under Article 114 of the Act: Provided, That in cases where it is intended to promote a project which comes to an end after a specific period of time, it may establish an office for a limited period of time:
1. The work is required to be more efficiently performed when it is promoted by a separate institution due to its nature, workload, etc.;
2. The work is required to be more efficiently performed at the site due to the location of the business place.
law view
 Article 78 (Establishment of Branch Offices)   print
(1) Where a local government meets the following requirements, it may establish a branch office under Article 115 of the Act:
1. Its affairs are required to be shared for the convenience of residents in remote areas;
2. The work is required to be comprehensive and have continuity;
3. The scope of areas under its jurisdiction is required to be clear.
(2) Notwithstanding paragraph (1), in cases falling under any of the following subparagraphs, branch offices may be established: <Amended by Presidential Decree No. 23222, Oct. 14, 2011>
1. Cases of Sis (excluding Sis in the urban and rural complex form under Article 7 (2) of the Act) in which Gus which are not autonomous Gus are established;
2. Cases of administrative Dongs established under Article 4-2 (4) of the Act.
law view
 Article 79 (Establishment of Collegiate Administrative Organizations)   print
Where a local government falls under any of the following subparagraphs, it may establish a collegiate administrative organization under Article 116 of the Act:
1. Where highly specialized knowledge or technology is required;
2. Where neutral and fair execution is needed;
3. Where the adoption of residents' intentions and adjustment of interests are needed.
law view
 Article 80 (Requirements for Establishment of Advisory Organizations)   print
(1) When a local government shall establishes an advisory organization of a deliberative council, committee, etc. pursuant to Article 116-2 (1) of the Act (hereinafter referred to as "advisory organ"), it shall satisfy any of the following requirements:
1. The local government needs to make a decision, due to the characteristics of the affairs, after hearing opinions from a person having professional knowledge or experience;
2. The local government needs to handle the affairs through an especially deliberate procedure due to the nature of the affairs, such as arbitration of various interests.
(2) A local government shall not establish and operate an advisory organization, the deliberation matters of which is similar to or overlap with those of other advisory organizations established under the jurisdiction of the local government.
[This Article Wholly Amended by Presidential Decree No. 21680, Aug. 13, 2009]
law view
 Article 80-2 (Composition of Advisory Organizations)   print
(1) An advisory organization shall be comprised of members required to achieve the objective of the establishment in an efficient manner.
(2) The members of an advisory organization shall be non-standing members, and the term of a member who is not a public official shall not exceed three years.
[This Article Newly Inserted by Presidential Decree No. 21680, Aug. 13, 2009]
law view
 Article 80-3 (Existence Period for Advisory Organizations)   print
(1) When a local government establishes an advisory organization, the local government shall prescribe the existence period for the advisory organization in the municipal ordinance of the local government if no specific reason exists to continuously maintain the advisory organization.
(2) The existence period under paragraph (1) shall be the minimum period necessary to achieve the objective of the advisory organization within five years.
[This Article Newly Inserted by Presidential Decree No. 21680, Aug. 13, 2009]
law view
 Article 81 (Appointment of Heads of Ris)   print
(1) The head of a Ri shall be assigned to an administrative Ri of an Eup/Myeon under Article 4-2 (4) of the Act. <Amended by Presidential Decree No. 22468, Nov. 2, 2010>
(2) A person who has a strong confidence among residents shall be appointed as the head of a Ri under paragraph (1) by the head of an Eup/Myeon as prescribed by municipal rules of the relevant local government.
(3) Where the head of an Eup/Myeon has appointed the head of a Ri under paragraph (2), he/she shall report it to the head of the relevant Si/Gun.
CHAPTER Ⅴ FINANCIAL AFFAIRS
law view
 Article 82 (Approval of Settlement of Accounts)   print
The approval for the settlement of accounts of a local council under Article 134 of the Act shall be obtained before the end of the first regular session.
law view
 Article 83 (Appointment of Inspectors)   print
(1) The number of inspectors under Article 134 of the Act shall be not less than five but not more than ten in cases of Cities/Dos and not less than three but not more than five in cases of Sis/Guns/autonomous Gus, on condition that matters concerning the number, method of selection, operation and compensation for actual expenses of inspectors shall be determined by Municipal Ordinance of the relevant local government.
(2) Inspectors under paragraph (1) shall be appointed from among persons having professional knowledge and experience in the management of financial affairs, such as members of the relevant local council, certified public accountants and certified tax accountants. In such cases, the number of members of a local council shall exceed 1/3 of the number of inspectors.
(3) No full-time employee of a local government shall become an inspector.
law view
 Article 84 (Matters of Settlement of Accounts for Inspection)   print
(1) Matters of settlement of accounts to be inspected by an inspector shall be as follows:
1. Settlement of revenues and expenditures;
2. Settlement of continuing expenditure, specified carryover funds, and inadvertent carryover funds;
3. Settlement of credits and debts;
4. Settlement of property and funds;
5. Settlement of depositories.
(2) An inspector may request necessary data from the heads of local governments and depositories, and the heads of local governments and depositories which have received such request shall render cooperation, unless there exist any special reasons to the contrary.
(3) An inspector shall submit a written opinion of inspection to the head of the relevant local government within ten days from the date on which the inspection on the settlement of accounts has been completed, and the local council may, if it deems necessary for deliberations on the settlement of accounts, have the inspector appear and listen to his/her explanations.
CHAPTER Ⅵ RELATIONSHIPS BETWEEN LOCAL GOVERNMENTS
law view
 Article 85 (Procedures for Application for Dispute Mediation and Ex Officio Mediation)   print
(1) Applications for dispute mediation under Article 148 (1) of the Act shall be made to the Minister of Public Administration and Security or to a City Mayor/Do governor in writing either by both parties or by one party to the dispute. In such cases, when one party to a dispute makes an application for dispute mediation, the Minister of Public Administration and Security or the City Mayor/Do governor shall notify the other party thereof. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(2) The Minister of Public Administration and Security or a City Mayor/Do governor shall, when he/she receives an application for dispute mediation under paragraph (1), refer it either to the local government central dispute mediation committee or to the local government local dispute mediation committee (hereafter referred to as the "dispute mediation committee" in this Article) without delay. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(3) In cases where the Minister of Public Administration and Security or a City Mayor/Do governor mediates a dispute under the proviso to Article 148 (1) of the Act, he/she shall resolve the dispute through consultation, fixing a period in writing in advance or recommend to make an application for dispute mediation, and in cases where the dispute fails to be resolved within the period or no application for dispute mediation is made, it may refer it to the dispute mediation committee under paragraph (2). <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(4) When the dispute mediation committee completes its deliberations and resolution on the dispute referred to under paragraphs (2) and (3), the details of the resolution shall be notified to the Minister of Public Administration and Security or City Mayor/Do governor without delay. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
law view
 Article 86 (Reporting on Implementation Plans)   print
The head of a local government who has received a notice of decision on mediation from the Minister of Public Administration or a City Mayor/Do governor under Article 148 (5) of the Act, shall prepare a plan for the implementation thereof within 30 days from the date on which he/she receives such notice and report it to the Minister of Public Administration or City Mayor/Do governor. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
law view
 Article 87 (Duties of Chairperson and Meetings of Central Dispute Mediation Committee, etc.)   print
(1) The chairperson of the local government central dispute mediation committee (hereinafter referred to as the "Central Dispute Mediation Committee") shall represent the committee and exercise overall control over the affairs of the committee.
(2) The chairperson of the Central Dispute Mediation Committee shall convene the meetings of the committee and preside over such meetings.
(3) When the chairperson of the Central Dispute Mediation Committee is unable to discharge his/her duties due to unavoidable reasons, a member designated by the chairperson in advance shall act as chairperson on his/her behalf.
law view
 Article 88 (Ex Officio Members of Central Dispute Mediation Committee)   print
The Vice Minister of Strategy and Finance, Vice Minister of Public Administration and Security, Vice Minister of Knowledge Economy, Vice Minister of Environment and Vice Minister of Land, Transport and Maritime Affairs shall become ex officio members of the Central Dispute Mediation Committee under Article 149 (5) of the Act. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
law view
 Article 89 (Secretary)   print
One secretary and public officials, as required, shall be assigned to the Central Dispute Mediation Committee in order to handle the affairs of the Central Dispute Mediation Committee, on condition that the secretary be appointed by the chairperson from among public officials belonging to the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
law view
 Article 90 (Subcommittee, etc. of Central Dispute Mediation Committee)   print
(1) The Central Dispute Mediation Committee may establish a subcommittee to review Bills professionally before the deliberation of the committee.
(2) A subcommittee shall consist of five members including the chairperson.
(3) The Vice Minister of Public Administration and Security shall become the chairperson of a subcommittee, and the members shall be nominated by the chairperson of the Central Dispute Mediation Committee from among the members in the areas related to a Bill, on condition that the number of ex officio members and the number of commissioned members be equal. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(4) The chairperson of a subcommittee may, if necessary for conducting his/her duties, have relevant public officials, experts, etc. appear and listen to their opinions or request the submission of data and opinions from relevant institutions, organizations, etc.
(5) Other necessary matters concerning the operation of subcommittees shall be determined by the chairperson through the resolution of the Central Dispute Mediation Committee.
law view
 Article 91 (Request for Dispatch, etc. of Public Officials)   print
(1) The Central Dispute Mediation Committee may, if necessary for conducting duties of the committee, request the head of a central administrative organ or the head of a local government to dispatch public officials under his/her control.
(2) The chairperson of the Central Dispute Mediation Committee may have the public officials dispatched under paragraph (1) support the affairs of the secretary.
law view
 Article 92 (Allowances, etc.)   print
Allowances may be paid to the members, relevant public officials and experts who appeared at the Central Dispute Mediation Committee and subcommittees within budgetary limits: Provided, That the same shall not apply to cases where members who are public officials or relevant public officials appeared in direct connection with their duties.
law view
 Article 93 (Detailed Operating Rules)   print
Matters necessary for the operation of the Central Dispute Mediation Committee and subcommittees, other than those prescribed by this Decree, shall be determined by the chairperson through resolution of the Central Dispute Mediation Committee.
law view
 Article 94 (Formation and Operation of Local Dispute Mediation Committee)   print
(1) The provisions of Articles 87 and 92 shall apply mutatis mutandis to the local government local dispute mediation committee (hereinafter referred to as the "Local Dispute Mediation Committee").
(2) Matters necessary for the formation and operation of the Central Dispute Mediation Committee other than those prescribed by this Decree shall be determined by Municipal Ordinance of a City/Do.
law view
 Article 95 (Criteria for Formation of Administrative Consultative Councils)   print
(1) Administrative consultative councils (hereinafter referred to as "consultative councils") under Article 152 of the Act shall be formed among local governments concerned in consideration of the need for plans for wide areas and the implementation thereof, meeting demand for special administration, joint installation of public facilities, exchange of administrative information, coordination of administrative and financial affairs, etc.
(2) Administrative consultative councils in the Seoul Metropolitan area and administrative consultative councils in large city regions from among administrative consultative councils under paragraph (1) shall be composed of relevant Cities/Dos in consideration of the special nature of administration of the Seoul Metropolitan area and large city regions.
law view
 Article 96 (Location of Offices of Consultative Councils)   print
The office of each consultative council shall be established in the local government (hereinafter referred to as the "central local government"), which is given more weight in handling affairs to be jointly handled.
law view
 Article 97 (Reporting on Formation of Consultative Councils)   print
The head of the central local government shall, when he/she forms a consultative council under Article 152 (1) of the Act, report the following matters within ten days:
1. The name of the consultative council;
2. The names of affiliated local governments;
3. The purpose forming the consultative council;
4. The date of formation;
5. A copy of rules of the consultative council.
law view
 Article 98 (Chairpersons)   print
Each consultative council under Article 153 (1) of the Act shall have one chairperson, on condition that when a chairperson is unable to perform his/her duties due to unavoidable causes, a person to act on behalf of him/her shall be selected under conditions prescribed in the rules of the consultative council.
law view
 Article 99 (Meetings)   print
(1) Each consultative council shall hold meetings on a regular or extraordinary baSis.
(2) Regular meetings shall be convened twice a year, that is, once in the first half year and once in the second half year, and extraordinary meetings shall be convened by the chairperson when the head of a local government concerned so requests under conditions prescribed by rules.
(3) With respect to a consultative council that the Minister of Public Administration and Security or a City Mayor/Do governor deems necessary to be held, it may be recommended by the Minister of Public Administration and Security to be held in cases where it is comprised of Cities/Dos and by the City Mayor/Do governor in cases where it is comprised of Sis/Guns/autonomous Gus. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(4) The chairperson shall, whenever a meeting is held, prepare Bills of the consultative council and distribute copies thereof to the heads of local governments concerned in advance.
(5) When a meeting of the consultative council is held, the minutes of the meeting shall be recorded.
(6) The chairperson shall, within 14 days from the date on which a meeting of the consultative council is held, report the situation of the meeting of the consultative council to the Minister of Public Administration and Security in cases where it is comprised of Cities/Dos and to a City Mayor/Do Governor in cases where it is comprised of Sis/Guns/autonomous Gus. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
law view
 Article 100 (Advisors)   print
(1) A consultative council may have advisors to consult on the discussion agenda thereof.
(2) Advisors shall be commissioned by the chairperson upon approval of the consultative council from among the heads of special administrative organs of the State, members of local councils, heads of relevant public organs and experts.
law view
 Article 101 (Operating Rules)   print
Matters necessary for the operation of a consultative council other than those prescribed by the Act and this Decree shall be prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
law view
 Article 102 (Reporting, etc. on Establishment of Consultative Body)   print
(1) When the head of a local government or the chairperson of a local council establishes a nation-wide consultative body under Article 165 of the Act, he/she shall report the following matters to the Minister of Public Administration and Security. The same shall apply to cases where he/she has modified any of the reported matters: <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
1. The purpose of establishment;
2. The name of the consultative body;
3. Matters concerning the organization, operation, etc. of the consultative body;
4. Minutes of the inaugural general meeting;
5. Names of the representative, officers and members.
(2) The report under paragraph (1) shall be made in a form determined by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
CHAPTER Ⅶ DIRECTION AND SUPERVISION OF STATE
law view
 Article 103 (Support for and Hearings on Reports on Affairs of Local Government)   print
(1) If deemed necessary to provide advice, recommendation or guidance under Articles 166 and 167 of the Act, the head of a central administrative organ or a City Mayor/Do Governor may convene a meeting of the heads of local governments or relevant public officials.
(2) If deemed necessary to enhance the effectiveness of important policies or measures of the State or local governments in the course of the formulation, determination, execution, etc. of such policies or measures, the head of a central administrative organ or a City Mayor/Do Governor may have the head of a local government report the opinions of residents, situations, etc. of the local area.
law view
 Article 104 (Term of Office of Administrative Consultation and Mediation Committee Members)   print
The term of office of the chairperson and commissioned members of the Administrative Consultation and Mediation Committee under Article 168 (1) of the Act shall be two years: Provided, That the term of office of substitute members who are filling a vacancy shall be the remaining term of office of the predecessor.
[This Article Wholly Amended by Presidential Decree No. 23222, Oct. 14, 2011]
law view
 Article 105 (Functions of Administrative Consultation and Mediation Committee and Procedures for Consultation and Coordination)   print
(1) The administrative consultation and mediation committee shall, by the request of the head of a central administrative organ or the head of a local government, consult on and coordinate matters on which different opinions exist between the parties concerned when they handle an affair mutually.
(2) Requests for consultation and coordination under paragraph (1) shall be made to the chairperson of the administrative consultation and mediation committee in writing, either by both parties or by one party. In such cases, City Mayors/Do Governors shall pass through the Minister of Public Administration and Security and the heads of Sis/Guns/Gus through City Mayors/Do Governors and the Minister of Public Administration and Security. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(3) The chairperson of the administrative consultation and mediation committee shall, in cases where he/she has received a request under paragraph (2), report it to the Prime Minister without delay, and notify it to the Minister of Public Administration and Security, head of the relevant central administrative organ and head of the relevant local government. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(4) The chairperson of the administrative consultation and mediation committee shall, when he/she has made a decision on the matters of consultation and mediation under paragraph (1), report it to the Prime Minister in writing without delay, and give notice thereof to the Minister of Public Administration and Security, head of a central administrative organ and head of the relevant local government, the head of a relevant central administrative organ and the head of the local government concerned, and the head of a relevant central administrative organ and the head of the local government concerned who have received such notice shall implement such matters determined through consultation and mediation. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
law view
 Article 106 (Meetings)   print
The meetings of the administrative consultation and mediation committee shall be held in the presence of a majority of registered members and pass resolutions by the affirmative vote of not less than 2/3 of members present.
law view
 Article 107 (Working Committee)   print
(1) The administrative consultation and mediation committee (hereafter in this Article referred to as the "committee") shall establish a working committee of the administrative consultation and mediation committee (hereinafter referred to as the "working committee") in the committee to ensure close cooperation and adjustment of opinions among the parties concerned and handle the affairs delegated by the committee.
(2) The working committee shall conSist of not more than nine working members, including one chairperson.
(3) The Minister of the Prime Minister's Office shall become the chairperson of the working committee, and the Vice Minister of Strategy and Finance, Vice Minister of Public Administration and Security, Vice Minister of Government Legislation, Vice Ministers of central administrative organs related to Bills, and administrative deputy Mayors and vice governors of local governments shall become its members. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(4) Matters necessary for the operation of the working committee shall be determined by the chairperson through resolutions of the committee.
law view
 Article 108 (Secretary)   print
(1) One secretary and public officials, as required, shall be assigned to the administrative consultation and mediation committee and the working committee, respectively, to handle the affairs of the administrative consultation and mediation committee and the working committee.
(2) The office of secretary of the administrative consultation and mediation committee shall be assumed by the head of the local administration bureau of the Ministry of Public Administration and Security, and the secretary of the working committee by a public official in any of Grades II through V belonging to the Ministry of Public Administration and Security who is designated by the chairperson of the working committee. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21214, Dec. 31, 2008>
law view
 Article 109 (Requests for Cooperation of Relevant Organs)   print
The chairpersons of the administrative consultation and mediation committee and the working committee may, when necessary for performing their duties, have relevant public officials, experts, etc. appear and listen to their opinions, or request the submission of data, opinions, etc. from relevant organs, institutions, etc.
law view
 Article 110 (Application Mutatis Mutandis)   print
The provisions of Articles 87, and 91 through 93 shall apply mutatis mutandis to the administrative consultation and mediation committee. In such cases, the "central dispute mediation committee" and "subcommittee" shall be deemed "administrative consultation and mediation committee" and "working committee", respectively.
law view
 Article 111 (Report on Cancellation and Suspension of Order or Disposition, etc.)   print
The competent Minister or the head of a local government shall, in cases falling under any of the following subparagraphs, give notice thereof or report it to the Minister of Public Administration and Security immediately. In such cases, the heads of Sis/Guns/autonomous Gus shall make such report through City Mayors/Do governors: <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
1. Cases where the competent Minister or the City Mayor/Do governor has issued an order for correction or cancelled or suspended orders or dispositions under Article 169 (1) of the Act;
2. Cases where a lawsuit is filed with the Supreme Court under Article 169 (2) of the Act or the judgment of the Supreme Court is rendered thereon.
law view
 Article 112 (Notification of and Report on Order to Fulfill Duties, etc.)   print
Under Article 170 of the Act, the competent Minister (applicable only to cases falling under subparagraphs 1 and 2) or the head of a local government shall, in cases falling under any of the following subparagraphs, give notice thereof or report it to the Minister of Public Administration and Security immediately. In such cases, the heads of Sis/Guns/autonomous Gus shall make such report through City Mayors/Do governors: <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
1. Cases where the competent Minister or the City Mayor/Do governor has issued an execution order under Article 170 (1) of the Act;
2. Cases where the competent Minister or the City Mayor/Do governor has vicariously executed matters or taken necessary administrative or financial measures under Article 170 (2) of the Act;
3. Cases where a lawsuit is filed with the Supreme Court or a decision to suspend execution is requested under Article 170 (3) of the Act, or the judgment or decision of the Supreme Court is rendered thereon;
4. Cases where the head of the local government has performed the execution order.
law view
 Article 113 Deleted.<by Presidential Decree No. 22439, Oct. 13, 2010>   print
law view
 Article 114 (Reports on Reconsideration of Resolutions of Local Councils, Institution of Lawsuits, etc.)   print
The head of a local government shall, in cases falling under any of the following subparagraphs, report the details thereof to the Minister of Public Administration and Security and competent Minister immediately. In such cases, the heads of Sis/Guns/autonomous Gus shall make such report through a City Mayor/Do governor: <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
1. Cases where the head of the relevant local government requests for a reconsideration under Article 26 (3), 107 (1) or 108 (1) of the Act or there is a resolution by the local council thereon;
2. Cases where a City Mayor/Do governor has the head of the local government request a reconsideration of the resolution by the local council of a Si/ Gun/autonomous Gu under Article 172 (1) and (2) of the Act or there is a resolution by the local council thereon;
3. Cases where the head of the local government institutes a lawsuit regarding a reconsidered matter or applies for a decision to suspend execution under Articles 107 (3) and 172 (3) of the Act, or a judgment or decision of the Supreme Court is rendered thereon;
4. Cases where a City Mayor/Do governor orders the head of a Si/Gun/autonomous Gu to institute a lawsuit or directly instituted a lawsuit or requests a decision to suspend execution under Article 172 (4) of the Act, or a judgment or decision of the Supreme Court is rendered thereon;
5. Cases where a City Mayor/Do governor directly institutes a lawsuit or requests a decision to suspend execution under Article 172 (7) of the Act, or a judgment or decision of the Supreme Court is rendered thereon.
law view
 Article 115 (Notifications by Competent Ministers)   print
The competent Minister shall, in cases falling under any of the following subparagraphs, notify the Minister of Public Administration and Security of the details thereof immediately: <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
1. Cases where the competent Minister has a City Mayor/Do governor request a reconsideration under Article 172 (1) of the Act;
2. Cases where the competent Minister orders a City Mayor/Do governor to institute a lawsuit or directly institutes a lawsuit or requests a decision to suspend execution under Article 172 (4) of the Act or a judgment, or decision of the Supreme Court is rendered thereon;
3. Cases where the competent Minister directly institutes a lawsuit to the Supreme Court or requests a decision to suspend execution under Article 172 (7) of the Act, or a judgement or decision of the Supreme Court is rendered thereon.
law view
 Article 116 (Publication of Judgments, etc.)   print
In cases where a judgment or decision of the Supreme Court has been rendered under subparagraphs 3, 4 and 5 of Article 114, the head of the relevant local government shall publish the details thereof in official gazettes or daily newspapers, or post them on bulletin boards or computer networks immediately.
CHAPTER Ⅷ SPECIAL CASES OF ADMINISTRATION OF LARGE CITIES
law view
 Article 117 (Adjustment of Financial Resources of Autonomous Gu)   print
The financial resources adjusted among autonomous Gus under Article 173 of the Act shall be acquisition tax among the relevant Si taxes, and the Municipal Ordinance to determine the method of adjusting financial resources among autonomous Gus shall contain the rate of delivery, method of calculation, time of delivery, etc. of adjusted grants. <Amended by Presidential Decree No. 22395, Sep. 20, 2010>
law view
 Article 118 (Criteria for Recognition of Large Cities)   print
A large city with a population of not less than 500,000 to which special treatment may be given under Article 175 of the Act means a city the population of which amounts to not less than 500,000 on the last day of each year for two consecutive years, based on the number of residents with their resident registrations in the jurisdictions concerned on the last day of the previous year: Provided, That in cases where the population figure obtained by arithmetically averaging the populations at the end of each quarter of the previous year falls short of 500,000 for two consecutive years due to a decrease in population after it became a large city with a population of not less than 500,000, it shall be excluded from large cities with a population of not less than 500,000 from the following year.
[This Article Newly Inserted by Presidential Decree No. 21075, Oct. 8, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relations with Other Acts and Subordinate Statutes)
In cases where any other Act or subordinate statute cites the provisions of the former Enforcement Decree of the Local Autonomy Act, the provisions which fall within the purview thereof in this Decree shall, if any, be regarded to be cited for replacement of the former provisions.
ADDENDA<Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Presidential Decree No. 21075, Oct. 8, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 33 (1) 3 shall apply, starting from the time when the criteria for the payment of monthly allowances payable to the members of a local council are determined since January 1, 2009.
Article 3 (Special Cases concerning Deadlines for Determining Expenses, such as Monthly Allowances)
Notwithstanding the provisions of Article 34 (5), the deadline by which expenses payable to the members of local councils, such as monthly allowances, are to be determined shall be November 30, 2008 since January 1, 2009.
Article 4 (Transitional Measures concerning Commissioning Members of Deliberative Council and Formation of Deliberative Council)
Where a member of a deliberative council is commissioned or a deliberative council is formed under the former provisions at the time this Decree enters into force, such member and deliberative council shall be deemed to have been commissioned or formed under the amended provisions of this Decree.
Article 5 (Transitional Measures concerning Existing Municipal Ordinances)
Where the standard amount of payment of monthly allowance in accordance with the existing municipal ordinances of a local government in which the standard amount of payment of monthly allowances to be paid from January 1, 2009 is included, falls within the scope of the standard amount of payment of monthly allowances under this Decree, the monthly allowance may be paid in accordance with the relevant municipal ordinances, notwithstanding the amended provisions of Article 34.
ADDENDA<Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 21680, Aug. 13, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 2, 2009.
Article 2 (Transitional Measure concerning Publication of Total Number of Residents)
The head of a local government shall publish the total number of residents of 19 years of age or older calculated pursuant to the amended provisions of Article 15 of the Act within ten days after this Decree enters into force.
Article 3 (Transitional Measure concerning Advisory Organizations)
Advisory organizations which have been established and operated at the time this Decree enters into force shall be deemed to have been established in accordance with this Decree: Provided, That the advisory organizations shall meet the amended provisions of Articles 80, 80-2 and 80-3 within one year after this Decree enters into force.
ADDENDUM<Presidential Decree No. 22219, Jun. 28, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDA<Presidential Decree No. 22439, Oct. 13, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM<Presidential Decree No. 22468, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM<Presidential Decree No. 23222, Oct. 14, 2011>
This Decree shall enter into force on October 15, 2011: Provided, That the amended provisions of Articles 6 and 13 (4) shall enter into force on July 1, 2012.