YANGJU CITY COUNCIL

Meaning of petition

Right of petition is the oldest traditional right among the rights of citizens which is secured as the historical country govemed by law. It is clearly stated in Article 26 of the constitution in Korea and as a document of national organization, the citizens are able to mark set opinions or hope as well as appealing relief when the rights of citizens and profit is considered to be violated.

Process of petition

Submission of petition

• The petition must be in the form of document, and should attach witten opinion of introduced member of Yangju City Council
• The name (for corporate body, name of organization and name of representative), address, and contacts of submitting person should be on the petition with signature and seal
• Introduced member should sign and seal the petition and written opinion
• There should be a clear and detailed contents of request, reason, and purpose of the petition
• Attach document of resident registration to prove current address of the person submitting the petition
• If it is a cooperative petition with majority, mark the representative and attach original copy of joint signatures
• Able to attach other references if needed (related documents, floor plan, photographs, etc)

Evaluation

The evaluation process of community is through explanation of introducing members, examination report from expert committee, question and answer, debate of pros and cons, and resolution (vote).

Matters of petition

• Relief of damage
• Correction of displeasing civil servant, request of disciplinary action or penalty
• Enactment amendment of law or abolition
• Matters in rights of public organization, operation of facilities, or public system

Registration of petition

Registration of petition is considered as the true action of accepting the petition to be real.

• Registration after examination of fom al requirement
• Registration at the Bureau of petition

Supplementary request

• Supplementary request for incomplete form al requirement of the submitted petition
• Required fom: Attach written opinion of introduced member, and clear and detailed contents of request, reason, and purpose of the petition as well as name, address, and contacts of submitting person with signature and seal
• Period of supplement: Within 15 days

Decision of acceptance

• Acceptance is the administrative action by the law to be acknowledged as a valid petition with requirements of form and contents in the submitted petition
• Acceptance will be made if there is a satisfying formal requirements and its > contents excluding nonacceptance
• Matters of non-acceptance
  • Contents of trial interference
  • Violation against the law
  • Blasphemy against the chief of country and national organization
  • Dual petition: Non-acceptance of 2 or more submission of petition from the same organization, the latter petition would be non-accepted. (Different reasons, but with same contents of request)
  • Penal notice: False petition with a plot to harm others (notification of non-acceptance)
  • If the petition is non-accepted, make clear statement of the reason to notify introduced members and to the person submitting the petition form al objection)
  • If non-acceptance occur due to dual petition, there are possible exception within 15 days of notification to be sent to the introduced member
  • The president should handle registration when there is a recognition in reason of exception (withdrawal of petition)
  • When the person submitting the petition decides to withdrawal the submitted petition, clear statement of withdrawal reason should be stated in the form of withdrawal, and it should be signed and sealed by the person of withdrawal and introduced members to be submitted to the president
  • For withdrawal of petition which have been in the agenda (pending after introduction) of the council or the meeting, agreement of council and meeting is needed

President and report of meeting

• Registration and presidential report
• Printing petitions and distribute to each member
• Handling evaluation submission of the council (within 60 days)
  • Report matters of submission
  • Schedule agreement of parliamentary proceedings (possible blanket agreement of similar petition)
  • Possible request of explanation on purpose of petition by the introduced member
  • Examination report of expert committeeman
  • Question and answer (Possible audience on opinionated statement of the person submitting petition by the resolution of council, other person related and person of learning and experience)
  • Debate (Possible formal evaluation of subcommittee if needed for petition involving budget, mayor or related civil servant is able to listen to the opinions)
  • Resolution
  • Petition is not to pass, but the action to chose opinions of petition
  • Exclusion notice: If a member cannot understand direct relation of the petition or if one has the reason of inability in pursuing the process, they cannot participate in the evaluation resolution Disciplinary cause when violated (presidential report)
• For resolved petition chosen by the committee, attach clear statement of written opinion in the conducting organization (mayor or council) for evaluation of report

  If the petition is conducted in the council, include method of measures in the written opinion (Ordinance suggestions when re-am endment of ordinance is needed)

• For petition with no need of submission for consideration decided by the council and meeting, clearly state reason of non-selection to report to the president to be reported at the meeting

  Reason of non-selection: Non-feasible achievement of petition purpose and budget conditions as well as wrong policy and lack of validity

• Request of president or more than 1/3 of incumbent members within 7 days from the date of report on no submission for consideration at the meeting(excluding period of closing and adjournment)
• If the evaluation is not done within the period of conduct, request extension of evaluation period along with an interim report (notification)
• Notification to the introduced member and the person submitting petition
  • Submission to the council
  • When evaluation is reported with decision of no submission for consideration in the meeting by the council
• Attach written opinion on submission for consideration ? Schedule agreement of parliamentary proceedings
  • Evaluation report
  • Debate and question and answer
  • Resolution (chosen by written opinion of the council)
• Notify the result of resolution to the person submitting the petition and introduced members (transfer)
• For valid conduct from the mayor, transfer the petition with attachment of written opinion (resolution of petition)
• Conduct of the mayor (report to the council)
• The mayor should report conducted result to the president without delay
• Final report of the conducted result at the meeting
• The meetings register to handle petition related to administration and activity in parliamentary politics.
  • Subjects: Petition, proposal, appeal, letter of plea
  • Method of registration: Mail or visit
  • Place of registration: Responsible secretarial department of council (Transfer to the appointed council after registration according to each content)
• Matters which is not accepted as a petition
  • Matters of trial interference
  • Matters insulting the president or members
  • Non-acceptance of 2 or more submission of petition from the same organization, the latter petition would be non-accepted.
  • Unclear contents of petition, address, and name of the person submitting the petition (representative for majority)
• The petition is classified as the following
  • Transfer handling by the executive agency
  • Submission of competent special committee
• Handling period: Within 30 days from the date of registration
• Handling system