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Explanation of the bills
  • Explanation of the bills
  • Types of Bills
  • Petition

Bill submissions and proposals

Signatures required from at least 10 representatives, the committee, chairman of the Provincial Autonomy Committee
(the Mayor, the Superintendent of Education)
Breakdown by type Requisite number of supporting assemblypersons
Municipal regulations and standard bills Joint signatures of ten or more members
Motions to amend bills Joint signatures of 13 or more representatives
Motions to adopt A two-thirds approval at the time of proposal
Consent The matter can be taken up for discussion with the approval of one assemblyperson and at least one supporter
Changes to the legislative schedule Joint signatures of ten or more representatives
Closed-doors sessions With the proposal of at least three and a two-thirds vote of representatives in attendance, and when the chairman feels it necessary to protect societal calm and order.
Demand for attendance of related public employees Clear explanation by ten or more representatives
Inspection of a representative's competence At least one fourth of the assemblypersons on the register
Demand for incarceration of an assemblyperson The chairman, the insulted assemblyperson and consent of ten or more assemblypersons
Investigation into administrative operations A minimum of support from one-third of assemblypersons on the registry

Format of Proposed Bills

Name of the bill, year and month of the bill, sponsor(s) of the proposal, reason for the proposal, essential points, matters of reference, content of the bill (principle clause(s), text body) old and new principle clauses and provisionals, and a comparison table of old and new principles.

Bills of Regulation

The modes of proposals related to regulatory bills are broken down into official proposal documents, formalities for official documents, text of regulations, comparison tables of old and new principles (revisions), reference articles, and the submitter's signature. However, when bills are proposed by the Provincial Autonomy Committee chairman and other committees, signature of the submitter (supporter) is not required.
■ Proposal Forms
- Records of the title, bill number, date of proposal, and submitter.
- Reason for the proposal: a simple account of the proposal background, purpose, and reason(s).
- Primary points: important articles, in the eyes of the author, should be listed in alphabetical order, after which each article should be elucidated (Proposal Article <--->)
■ Body of the Regulation
- Contains the substantial elements of the bill, in the event that it is ratified during an assembly meeting
- The bill should be drawn up in a manner so that if it is passed, it can be immediately promulgated after having only erased the word 'proposal' from the document. (includes supplementary propositions).
■ Comparison Tables of Old and New Principles
- To ensure that revisions can easily be discerned, currently enacted and proposed revisions are shown here (revisions shall be underlined)
- Upon first enactment and for complete revisions, such tables are not necessary. These tables are attached only for partial revisions
■ Reference Articles
- A minute description of the budget : in the event that there are accompanying budgetary matters to implement a bill under consideration
- An elucidation of clauses and other reference articles, including ordinances related to bills, and accompanying regulations
■ Signature of the Proposal Sponsor
- Quorum for regulatory bills: signatures of ten or more assemblypersons
- When proposed by a Provincial Autonomy Committee chairperson and the assembly's committee, an appendix is not required.
■ Legislation Hierarchy
Precedence of Higher-level Laws
Ordinances have precedence over regulations established by the chairman of the local government or committees; ordinances and regulations of upper-echelon local government, such as metropolitan cities or provinces, have precedence over ones from lower-level local government such as cities and counties.
Precedence of New Laws
When two pieces of same-level legislation clash, the newer legislation takes precedence.
Precedence of Special Laws
Special laws regulated for specific affairs have precedence over common laws.
Jurisdiction
- Ordinances can be enacted within legal statutes pertaining to related matters
- Ordinances can be enacted only for the local government's affairs and commissioned affairs
- When limiting citizens' rights, imposing obligations or, penal regulations into ordinances, specific trust regulations are needed.
- Ordinances may levy fines of KRW 10 million or less for violations of that ordinance.

Budget Bills

A budget bill is a prospective plan for the income and expenditures related to administration for one fiscal year, and is submitted by the executive body of the local government to the assembly.
Submission of a draft budget and time limits for deliberation and resolution:
Submission of draft budgets (Local Government Act, Article 118) : 50 days before commencement of the fiscal year
(40 for cities and counties)
Resolution : 15 days ahead of commencement of the fiscal year (10 for cities and counties)

Settlement of Accounts

This indicates the income and spending throughout the fiscal year with confirmed figures. Once the assembly confirms the accuracy, the propriety of execution is approved.

Bills of Assent and Approval

These are bills that can be submitted by the local government for advance approval from the assembly before execution. These include bills that are submitted to gain assembly consent after the local government has already handled the bill and enacted the prescribed duties. They are also used when an assemblyperson or committee seeks consent of the plenary assembly for a specified action.
■ Distinction from Bills of Assent and Approval
- Ordinances can be enacted within legal statutes pertaining to related matters
- Bills can be enacted only as they pertain to the local govement's affairs and commissioned affairs. When setting limitations on citizen's rights, imposing obligations, or when turning penal regulations into ordinances, specific trust regulations are needed.
- Ordinances may impose fines of KRW 10 million or less for violations of that ordinace.
The right to petition is the oldest of all traditional rights of the people guaranteed historically in a civil constitutional state, and is clearly stated in Article 26 of the Constitution. The people have the right not only to present their views or wishes by means of written documents but also to ask for help when their rights or interests have been infringed upon.
petition image petition image petition image

Submission of Petition Statement

  • A petition must be submitted in written form and accompanied by an introduction and statement of opinion by an assemblyperson in the Seoul Metropolitan Council.
  • The petition statement shall include the name of the petitioner (if a corporation is the petitioner, then the name of the corporation and the representative), address, contact number, and signature.
  • A commissioned assemblyperson signs and seals the petition statement and statement of opinion
  • The purpose and reason for the petition and the main details shall be specifically stated.
  • A resident registration document proving current address and the dwelling place of the petitioner must accompany the document.
  • For collective petitions by numbers of people, their elected representatives should be indicated and original copies of joint signatures accompany the documentation.
  • Other necessary references should be included (related documents, drawings, pictures, etc.)
■ Matters for Petition – Remedy for Damages
- Demands for correction, discipline, or punishment of a civil servant for corruption.
- Enactment, revision or nullification of legislation.
- Matters concerning operations of public systems or facilities, and authorities of public organizations

Receipt of Petition

  • “Receipt” refers to the factual action that a submitted petition has actually been received.
  • After formal requirements are confirmed, the petition is received and registered on the petition record
■ Request for supplementation (at times when formal requirements are not met, supplementation may be requested)
- Formal conditions: attachment of assemblyperson's introduction and opinion, purpose and reason for petition, main details, and petitioning entity’s address name, and signature
- Supplementation period: within 15 days

Decision of Acceptance

  • Acceptance is a semi-legislative, administrative action, which confirms that the received petition is valid because it meets the requirements of form and substance
  • If the petition meets such requirements, it is accepted.
■ Grounds for Denial
- Content interferes with current trials
- Violation of legal statutes
- Slander against a head of state or organization
- Redundant petition: Two or more petitions with the same content (even if the reason is different) submitted to the same organization or two or more organizations the later petition will not be accepted.
   * Penal clause: Petitions with false statements designed to harm a person
■ Notification of Denial
- If a petition is denied, notification will be given to the commissioned assemblyperson and the petitioner(s), along with an explanation for the denial
■ Demurral
- In the event that a petition is denied on the grounds that it is a redundant submission, demurral is possible via the commis sioned assemblyperson within 15 days from the date of receipt of notification.
- If the chairman approves the demurral, the petition is accepted.
■ Withdrawal of Petition
- If a petitioner seeks to withdraw the petition, he/she shall submit a letter requesting withdrawal with an explanation of the reason(s) for the withdrawal. This letter shall be signed by the petitioner, the commissioned assemblyperson and the chairman.
- In the event a request has been made to withdraw a petition put up for discussion (or pending after presentation), the agreement of the committee or a plenary assembly.

Plenary Session Report

■ Acceptance and Chairman's Report
Items referred to committee are reported in plenary session. The summary of petitions is printed and distributed to assemblypersons.
■ Notifications of Denial
- Report of matters
- Submission of deliberation schedule (for similar petitions, submission as a package is acceptable)
- The commissioned assemblyperson may be requested to explain the purpose of the petition
- Examination by and report from assemblypersons with relevant experience
- Question and answer period (at the discretion of the committee, it is possible to listen to the petition, related persons, and statements of opinions from those with knowledge of or experience in the petition details)
- Discussion (When needed, subcommittees may be set up for deliberation; in the event of a petition accompanying the budget, the Mayor or related public employee’s opinions should be taken into account)
- Resolution
   * Petition is not a matter of approval, but the adaptation of the opinion found in the petition
   * Exclusion: Assemblypersons for whom conflict of interest with the petition may occur or who have grounds for bias shall not take part in the deliberation or resolution; violation of this ban will serve as grounds for disciplinary action.

Plenary Session Report

  • A petition that has been accepted for adoption in a committee is presented for deliberation, with a statement of opinion attached that specifies the concerned organization(s) (or Mayor or assembly) to process the legislation. For petitions requiring handling by the National Assembly, the statement of opinion should include measures and methods (suggestions for regulatory bills when enactment or amendment of regulations are needed).
  • Concerning petitions which have not been voted on are to be referred to a plenary session in a committee, such is reported to the chairman with the statement of grounds for not being adopted, after which the chairman reports to the plenary assembly
  • Grounds for declining adoptation: Lack of feasibility concerning the purpose of the petition or lack of funds, lack of propriety due to its unsuitability in relation to policies, etc.
  • Within seven days from the day when petitions are not referred to the plenary session (excluding the duration of recesses or adjournments), if the chairman or one third of assemblypersons on the register request it, the petitions are brought to plenary session.
  • If petitions are not deliberated within a given period of time, request for extension of the deliberation period is made known along with an interim report.
■ Notification to petitioner(s) or commissioned assemblypersons
- At the time petitions are sent to a committee
- At the time a committee decides not to bring petitions to the plenary session and report.

Referring a Bill to the Plenary Assembly

Referring a bill with accompanying statements of opinion
  • Presenting a bill on the agenda
  • Reporting inspection results
  • Question and answer period, discussion
  • Resolution (adoption of written opinions)
- Notification of resolution to petitioner(s) and commissioned assemblymen
- Transfer: a bill that the Mayor needs to handle is transferred to him or her with statements of opinion attached with
  petitions: processed by the Mayor.
■ Assembly Report
- Mayoral report settlement result to the Speaker without delay.
- Report of the results during the plenary session