SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE CHARTER OF AUTONOMY
PREAMBLE The Government of the Seoul Metropolitan City, the capital of the dignified and noble Republic of Korea, have responsibilities to protect citizens' rights and safety, to guarantee individual creativity and participatory autonomy, and to pursue inclusive growth by harmonizing various economic and social players. Now, therefore, pursuant to the Constitution of the Republic of Korea, which guarantees a liberal democratic basic order and local autonomy, the Seoul Metropolitan Government enacts this Ordinance as the basis of autonomy of the Seoul Metropolitan Government, in order to promote residents' welfare and the balanced development of the State and regions.
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to ultimately improve citizens' quality of life by clearly establishing basic principles of local autonomy in accordance with the Constitution of the Republic of Korea; and by prescribing matters concerning citizens' participation in administrative and legislative activities of the Seoul Metropolitan Government, responsibilities of the Seoul Metropolitan Government, basic principles of public administration, etc.
Article 2 (Citizens)
"Citizens" in this Ordinance means the people and organizations having their domiciles registered in the area under the jurisdiction of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government").
Article 3 (Basic Principles of Autonomy)
Citizens are main actors in local autonomy, along with the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") and the Seoul Metropolitan Council (hereinafter referred to as the "Seoul Council"); and public administration by the Mayor (hereinafter referred to as "municipal administration") and legislation by the Seoul Metropolitan Council (hereinafter referred to as "municipal legislation") shall be performed for citizens, based on citizens' participation.
Article 4 (Relationship between Seoul Government and Central Government)
(1) The relationship between the Seoul Government and the Central Government shall be based on mutual respect and cooperation; and shall be defined by statues enacted by the National Assembly in accordance with the Constitution of the Republic of Korea which guarantees local autonomy.
Article 5 (Status of Ordinance)
This Ordinance shall serve as the framework for municipal administration and legislation for protecting citizens' rights and as the basis for determining, conducting, and evaluating municipal administrative and legislative activities; and legislative autonomy, organizational autonomy, and financial autonomy shall be exercised in compliance with this Ordinance in performing administrative tasks for autonomy.
CHAPTER II CITIZENS' PARTICIPATION
Article 6 (Citizens' Right to Participate in Municipal Administration and Legislation)
(1) Every citizen has an equal right to participate in municipal administration and legislation, as guaranteed by the Constitution and laws of the Republic of Korea.
Article 7 (Right to Due Process and Due Administration)
(1) Municipal administration and legislation shall be performed according to due process.
Article 8 (Solution of Digital Divide)
(1) Every citizen has the right to enjoy digital culture befitting the digital society and to manage and control digital information about him/herself.
Article 9 (Promotion of Community Activities)
(1) Every citizen has the right to form a community in any social sector and to participate in activities of such community, so as to attain self-realization.
CHAPTER III SEOUL GOVERNMENT'S RESPONSIBILITIES
Article 10 (Seoul Council's Responsibilities)
(1) The Seoul Council, as the representative body of citizens, shall ensure that citizens' opinions are reflected in municipal administration and legislation, according to the principle of checks and balances.
Article 11 (Mayor's Responsibilities)
(1) The Mayor shall provide citizens with readily understandable information about municipal administration; respect citizens' dignity and opinions; and facilitate residents' autonomy through cooperation between the public and private sectors.
Article 12 (Inclusive Growth)
(1) The Seoul Government shall endeavor to pursue inclusive growth through harmonization among entities involved in economic activities.
Article 13 (Sustainable Development)
The Seoul Government shall ensure that its and citizens' socio-economic activities are sustainable, and harmonized with the environment and ecosystem.
Article 14 (Preservation of Historical Culture and Landscape)
The Seoul Government shall endeavor to preserve historical culture and landscapes.
CHAPTER IV SEOUL GOVERNMENT'S PERFORMANCE OF ADMINISTRATIVE TASKS
Article 15 (Administrative Tasks for Autonomy)
(1) The Seoul Government is a self-governing body for local autonomy guaranteed by the Constitution of the Republic of Korea; and shall independently perform its own administrative tasks.
Article 16 (Performance of Administrative Tasks Delegated by State)
(1) The Seoul Government shall perform national administrative tasks delegated by the Central Government, as provided for by law.
CHAPTER V AUTONOMY
Article 17 (Legislative Autonomy)
(1) The Seoul Government may enact municipal ordinances and rules on its administrative tasks to the extent that such municipal ordinances and rules do not violate statutes.
Article 18 (Organizational Autonomy)
(1) Matters regarding the establishment of administrative organs and the number of local public officials shall be prescribed by municipal ordinance.
Article 19 (Financial Autonomy)
(1) The Seoul Government shall manage its finances properly in accordance with the principle of equilibrium between revenue and expenditure.
Article 20 (External Cooperation)
(1) The Seoul Government shall exchange and cooperate with the Central Government and other domestic and foreign local governments for common prosperity and mutual cooperation.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 21 (Enforcement of Other Municipal Ordinances)
If deemed necessary after this Ordinance enters into force, other municipal ordinances shall be enacted, amended, and enforced in accordance with the basic principles prescribed by this Ordinance for local autonomy.
ADDENDUM <Ordinance No. 6469, May. 18, 2017> |