Comprehensive Revision of the Local Autonomy Act After 32 Years ... Strengthening the Authority and Responsibility of Local Councils

The Complete Revision of the Local Autonomy Act Passed in the National Assembly Plenary Session... Obligation to Disclose Concurrent Positions of Local Council Members
Four Cities with Populations Over 1 Million, Including Suwon in Gyeonggi, Designated as Special Cities

On the 9th, the amendment to the Commercial Act was passed in the plenary session of the National Assembly.
[Image source=Yonhap News]

[Asia Economy Reporter Jo In-kyung] The designation of "Special City" will be granted to metropolitan cities with a population of over 1 million. Residents aged 18 and older will also be able to directly propose ordinances to local councils.

The Ministry of the Interior and Safety announced that the "Local Autonomy Act Amendment Bill," which includes groundbreaking expansions of local autonomy such as increased resident participation, strengthening the capacity and accountability of local councils, and enhancing administrative efficiency of local governments, was passed at the National Assembly plenary session on the 9th. Accordingly, this marks the first comprehensive revision of the Local Autonomy Act in 32 years since the full amendment in 1988, which laid the foundation for the full implementation of elected local autonomy.

The comprehensive amendment to the Local Autonomy Act primarily aims to expand local autonomy. It explicitly states the principle of "resident autonomy" in the purpose clause of the Local Autonomy Act and establishes residents' rights to participate in local policy decision-making and execution processes. In particular, a separate "Resident Ordinance Proposal Act" based on the Local Autonomy Act will be enacted, allowing residents to request the proposal, amendment, or repeal of ordinances to the council rather than the head of the local government. The age for participation in resident ordinance proposals, resident audits, and resident lawsuits has also been lowered from 19 to 18, thereby broadening the scope of resident participation.

To prevent arbitrary allocation of tasks by central government ministries, principles and obligations for task allocation between the state and local governments have also been stipulated. Furthermore, for matters delegated to be regulated by ordinances, subordinate legislation will be prohibited from limiting the scope or content of delegation or directly regulating them, thereby strengthening the legislative autonomy of local governments.

Metropolitan cities with populations over 1 million will be designated as Special Cities, and based on criteria and procedures set by presidential decree considering administrative demand, balanced development, and risks of local extinction, the Minister of the Interior and Safety may grant special status to designated cities, counties, and districts. According to these criteria, four cities?Suwon, Goyang, Yongin in Gyeonggi Province, and Changwon in Gyeongnam Province?have been granted the designation of Special City.

However, the term Special City is an administrative title rather than a type of local government, and its use may be restricted in addresses or various official registers where the type of local government must be specified by individual laws. Considering concerns about worsening fiscal disparities, the National Assembly's Administrative and Security Committee added the opinion that Special Cities should not be granted special provisions that cause a reduction in the resources of other local governments.

The amendment also requires proactive disclosure of local autonomy information to residents, including voting results and council activities, as well as the organization and finances of executive bodies. An information disclosure system will be established to improve residents' access to information. Additionally, to prevent lenient disciplinary actions that protect insiders and to enhance the ethics and accountability of local councils, the establishment of an Ethics Special Committee will be mandatory. An Ethics Review Advisory Committee composed of civilian members will also be established to ensure that opinions are mandatorily collected when discussing disciplinary actions against council members.

To prevent local council members from gaining undue benefits through their duties, the previously controversial regulations on the prohibition of concurrent positions have been made more specific. Even in cases where concurrent positions are permitted, the details of such positions must be mandatorily disclosed.

The revised Local Autonomy Act will take effect one year after promulgation. The Ministry of the Interior and Safety will make every effort to prepare for the enactment and amendment of related laws and subordinate legislation such as presidential decrees to ensure smooth implementation of the law.

Minister of the Interior and Safety Jin Young said, "This comprehensive amendment to the Local Autonomy Act is a major change after 32 years," adding, "As a new turning point for groundbreaking local autonomy has been established, I hope it will serve as an opportunity for residents' lives to substantially improve through creative innovation by local governments based on autonomy and responsibility."

This content was produced with the assistance of AI translation services.