Seoul City Requests Reconsideration of Partial Amendment to Seoul City Council Basic Ordinance... Chairman Kim In-ho "Will Carefully Review Following Mayor's Reconsideration Procedure"
Chairman Kim: "No separate legal review opinion from the Ministry of the Interior and Safety on the clause regarding market speech suspension" "Maintaining order in the meeting hall, the cradle of democracy, is necessary in any way, and this is the chairman's responsibility"
[Asia Economy Reporter Park Jong-il] On the morning of the 13th, the Seoul Metropolitan Government sent a request for reconsideration of the partial amendment to the Basic Ordinance of the Seoul Metropolitan Council to the Seoul Metropolitan Council.
In response, Kim In-ho, Chairperson of the Seoul Metropolitan Council, stated, "Since the Seoul Metropolitan Government has sent a request for reconsideration of the ordinance in accordance with the Local Autonomy Act, the Seoul Metropolitan Council plans to thoroughly review it following the procedures," adding, "We will examine whether there are any issues that could infringe on freedom of conscience or other concerns."
Prior to this, the Seoul Metropolitan Government requested a legal review from the Ministry of the Interior and Safety.
Regarding this, the Ministry of the Interior and Safety reportedly did not provide an opinion on the provisions concerning the mayor’s speech suspension and removal orders in the partial amendment to the Basic Ordinance of the Seoul Metropolitan Council, according to the Council.
On December 31 of last year, the Seoul Metropolitan Council passed the partial amendment to the Basic Ordinance of the Seoul Metropolitan Council. Article 52 of the ordinance includes provisions that, to maintain order in the meeting hall, if the mayor, superintendent of education, or other related officials speak during plenary or committee meetings without the permission of the chairperson or committee chair, the chairperson or committee chair may order the suspension of the speech or removal from the meeting. This adds to the existing requirement that permission must be obtained before speaking, by allowing suspension or removal if speaking occurs without permission.
The Seoul Metropolitan Government requested a legal review of the ordinance from the Ministry of the Interior and Safety, arguing that this provision restricts the mayor’s freedom of speech. While the Ministry provided opinions on other provisions during its review, it did not offer any specific opinion on Article 52, the key provision in question.
Chairperson Kim stated, "However, to ensure smooth meeting proceedings, order must be maintained in the meeting hall, which is a cradle of democracy, by any means necessary," adding, "Disruptions such as disturbances or removals that cause meetings to be interrupted or derailed are a significant waste of administrative procedures, and as chairperson, I believe I have the responsibility to prevent this."
He also added, "This is the same reason why Article 145 of the National Assembly Act includes provisions for maintaining order during meetings."
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Finally, Chairperson Kim said, "The authority to request reconsideration of an ordinance is a power granted to the mayor under the Local Autonomy Act, and the Council can also reconsider and decide according to the same law. There is no need to make judgments based on emotions over issues that both the city and the Council can respond to according to legally prescribed procedures," concluding, "The Council will continue to handle all matters in accordance with laws and procedures."
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