“The local council makes deliberate decisions of important matters in the local government within the range of the national law, and enact ordinance on administrative affairs of the local government as well as function of solving important matters in the district.”
Status of the local member of the assembly
- Representative organization of citizens: Form of representatives elected by citizens
- Decision-making organization: Final decision with deliberation of overall policy in the district
- Legislative organization: Responsible for all the affairs related to enactment of ordinance
- Supervisory organization: Observe legitimate and rational executive authority of executive agency
Duty of members of assembly
Right to resolution (Article 39 of local autonomy act)
The most important authority among the authorities of local council to enumerate matters for decision in related laws such as local autonomy act and to choose general enumeration principle.
Essential matters for resolution by the local autonomy act
- Enactment and abrogation of ordinance (Item 1 of Article 35)
- Deliberation and confirmation of budget
- Approval of budget
- Fee of usage, commission, share of the expenses, local tax or imposition and collection of entrance fee excluded in provisions under the law
- Establishment and operation of funds
- Acquisition and disposition of important assets set by the Presidential Decree
- Creation and disposition of public facilities set by the Presidential Decree
- Budget and burden of duty or waiver of a right excluded in the set provisions under the law and ordinance
- Settlement and revision of petition
- Matters related to exchange and cooperation with foreign local government
- Other matters related to the authority by law
Inspection and right to investigate administrative affairs (Article 41 of the local autonomy act)
The local council can inspect and has the right to investigate affairs of local government. If needed, local confirm ation or requesting testimony, request on one's views, attendance of related civil servant or the president of local government is possible with submission of documents.
| Right to autonomy | Inspection of administrative affairs | Investigation of special issue |
|---|---|---|
| Range | First half of administration | Special issue |
| Period | Within 7 days during regular meetings | Occasional(Period decided in the meeting) |
| Conditions of activity | Inspection of the court | Resolution of the meeting from 1/3 or more demands by the Incumbent members |
Right to autonomy
The local council has the right of set autonomy of the council which does not involve the national agency and executive agency of the local government.
- Convocation of extraordinary meetings, opening, adjournment decision of sessions
- Right of enactment related to regulations of meeting management and meeting regulations
- Voting rights of election and non-confidence of the President of council, vice-president
- Qualifications of members, right of decision in disciplinary action
- Form of committee and agenda initiation
Right to vote
Occasionally, the local council decides parliamentary proceedings through election. This election is divided by right of votes for members of internal organization of the council and local autonomy act as well as other laws relevant to ordinance of local government.
Person elected by the local council
- Election of president, vice-president
- Election of provisional president
- Election of Standing Committee
- Election of Special Standing Committee
Appointment and recommendation for compostion of external organization
- Appointment of commissioner of budget audit
- Recommended by Public Officials Ethnics Committee
Acceptance rights of petition (Article 73 through Article 76 of the local autonomy act)
The local council may handle submitted petition from the citizens, but if the contents of petition interferes in trials or if it violates against the law it will not be repaired
Request of document submission (Article 40 of the local autonomy act)
The council or committee may request directly related document submission on the chapter of local government with deliberation of item from resolution.
Request of document submission (Article 40 of the local autonomy act)
- President of local government or related civil servants can report handling conditions of administrative affairs to the local council or answer questions and state one's views.
- President of local government or related civil servant should attend to respond in the request of committee or the local council. (Possible response from attend as substitute for related civil servant is specific reasons occur)
Request of document submission (Article 40 of the local autonomy act)
local council (president)
- Agenda initiation (Article 66 of the law)
- Right to resolution (Article 39 of the law)
- Enactment·abrogation of ordinance
- Deliberation·confirmation of budget, approval of resolution
- Imposition·collection such as fee of usage·commission, share of the expenses
- Acquisition·disposition of important assets
- Burden of duty besides budget
- Inspection of administrative affairs·Investigation (Article 41 of the law)
- Right of request in attendance and response of organization or related civil servants (Article 42 of the law)
- Right of notice in gathering extraordinary meetings (Article 45 of the law)
- Right of handling and evaluation of petition (Article 75 of the law)
- Right of request in transfer·result report of petition (Article 76 of the law)
- Power to appoint office employees of the council (Article 91 of the law)
- Right of confirmation and re-decision of requested reconsideration on ordinance (Article 26 of the law)
Right of confirmation and re-decision of requested reconsideration on ordinance (Article 26 of the law)
- Agenda initiation (Article 66 of the law)
exclusive initiative of local government
- Establishment and reorganization of administrative organization
- Installation of special accounting and related matters of nature in conduct
- Direct organization of local government, business office, local office · Ordinance establishment of collegiate administrative agency·consulting agency
- Budget and settlement of accounts
- Right of supervising representation of local government (Article 101 of the law)
- Right of execution and management of office work (Article 103 of the law)
- Right of proclamation of the ordinance (Article 26 of the law)
- Right of submission and organization of budget (Article 127 of the law)
- Right of budget execution for failure of budget (Article 131 of the law)
- Right of response and attendance of organization or related civil servants (Article 42 of the law)
- Right of request in special meetings (Article 45 of the law)
- Right of gathering the first special meeting after the final election (Article 45 of the law)