Status of the Council

• Representative Body of the Locals
  • A local council consists of those elected by the locals. It has the status of a representative body of the locals, which reviews important matters.
• Deliberative Body
  • A local council is given the status of a deliberative body.
  • As the deliberative organ, it decides the local authority’s proceedings regarding important matters.
    In other words, it reviews and decides overall policies such as the matters relating to the locals’ burden, enactment of ordinances and group operation.
• Legislative Body
  • A local council is given the status of a legislative body which covers the enactment of ordinances and related functions.
  • The exercise of legislative right is the basic function of the local council.
• Supervisory Body
  • A local council has the status of a supervisory body which monitors if the governing body takes care of matters in a legal and rational manner.

Authority of the Council

• Voting Right (Consent, Approval)
  • It is the most important right of the council. The required matters subject to resolution under the Local Autonomy Act and other related laws are as follows.

  1) Matters subject to resolution under the Local Autonomy Act

  Matters subject to resolution under the Local Autonomy Act - related grounds, Required matters for resolution

  related grounds	Required matters for resolution
  Paragraph 1 of Article 39	Enactment, amendment and abolishment of ordinances , Budget deliberation & decision, Approval of account settlement, Collection and assessment of dues, commissions, shares, local taxes or subscription fees except for those specified in the laws , Establishment and operation of funds, Acquisition and disposal of important assets in accordance with Presidential Decree, Installation and disposal of public facilities in accordance with Presidential Decree, Waiver of off-budget obligations or rights but those specified in the ordinances and laws , Acceptance and handling of petition
  Article 124	An act to undertake obligations such as the issuance of municipal bonds
  Articles 128 and 129	Resolution of continuing expenditures, approval of the expenditure of contingency reserve
  Paragraph 2 of Article 152	Enactment of the rules of the Council of Local Governments
  Article 158	Amendment and abolishment of the rules of the Council of Local Governments
  Paragraph 1 of Article 159	Enactment of the rules of the Local Government Association
  Paragraph 1 of Article 164	Amendment and abolishment of the rules of the Local Government Association

  2) Other matters subject to resolution under the related laws

  Other matters subject to resolution under the related laws - related grounds,Required matters for resolution

  related grounds	Required matters for resolution
  Articles 3 and 9 of Local Tax Act	Ordinances for the assessment and collection/exemption of local taxes
  Paragraph 1 of Article 15 of the National Land Planning and Utilization Act	Opinions after deciding/amending an urban master plan

• Administrative affair audit and investigation right
  • A local council is entitled to audit and investigate the administrative affairs of a local government. If necessary, it may visit and inspect them in person, request the related documents to be submitted, or ask the governor of the local government or president of the supporting agency to attend or testify.
• A right to accept petition
  • A local council is entitled to accept the locals’ petitions. They must be submitted in writing and supported by at least one council member.
    However, they shall not be accepted in the event of the followings:
    i) The petition obstructs justice; ii) more than two petitions are submitted to the same authority, or a petition is submitted to more than 2 agencies;
    iii) the petition violates the related law.
• Right of autonomy, right to vote
  • A local council owns exclusive rights to decide such as internal organization right, right of proceeding autonomy and right to deliberate and decide a council member’s status in accordance with the related laws and regulations without any inferences from other organizations
    (central government, governing body of local authority, etc.). It also has a right to vote under the related laws and ordinances.
• Right to express opinions
  • A local council is a representative organ of the locals. Even though it has no right to decide proceedings on the matters relating to their welfare, it is entitled to suggest legally unbinding opinions as follows:
  • Disorganization, division & combination and amendment of the zone/name of local government
    1) Opinion on the governor of local authority regarding petition
    2) Opinion on individual laws
    3) Hearing of opinions on urban master plan, etc