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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.
(2) Acts, statutory instruments, and other administrative rules (hereinafter referred to as "statutes") shall conform to the basic concept of local autonomy under the Constitution of the Republic of Korea; and the Seoul Government shall demand that any statute contrary to this concept be rectified.
(3) The Seoul Government shall request the Central Government to render administrative and financial assistance for developing local autonomy and shall ensure such assistance.
(4) No consultation or assistance by the Central Government shall encroach on autonomy and creativity of the Seoul Government, and local distinctiveness of the Seoul City.

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.
(2) Every citizen may present his/her opinion on metropolitan administration and legislation, and may request the Seoul Government to allow him/her to participate in a decision-making process, such as a public forum or hearing for gathering consensus or a committee, according to due process.
(3) Every citizen has the right to participation guaranteed by the Seoul Government under relevant statutes, including rights to residents' referendum, residents' recall, and residents' initiative, and may fully exercise such rights.
(4) Every citizen is entitled to opportunities to learn and receive information about municipal administration and legislation from the Seoul Government, so as to enhance the understanding about, and participation in, local autonomy.
(5) Every citizen may request the Seoul Government to provide a venue for expressing diverse opinions on and jointly discussing municipal administration and legislation.

Article 7 (Right to Due Process and Due Administration) (1) Municipal administration and legislation shall be performed according to due process.
(2) Every citizen has the right to demand fair and legitimate municipal administration and legislation; and the Seoul Government has a duty to respond to such demand accordingly.

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.
(2) The Seoul Government shall endeavor to solve the digital divide for citizens and shall guarantee the fundamental right to information particularly for people alienated from digital information.

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.
(2) The Seoul Government shall endeavor to promote communities as basic social organizations.


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.
(2) The Seoul Council shall communicate with citizens; share information with citizens; and conduct legislative proceedings fairly and transparently in accordance with due process.

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.
(2) The Mayor shall respect the Seoul Council, the representative body of citizens; build a relationship for mutual cooperation with the Seoul Council; and ensure appropriateness, transparency, and fairness in municipal administration.

Article 12 (Inclusive Growth) (1) The Seoul Government shall endeavor to pursue inclusive growth through harmonization among entities involved in economic activities.
(2) The Seoul Government shall endeavor to resolve socio-economic polarization by preventing unfair transactions in all aspects of economic activities and by facilitating fair competition.

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.
(2) The Seoul Government and each autonomous Gu shall perform administrative tasks related to citizens' welfare and actual lives, other than administrative tasks that shall be performed inherently by the Central Government, such as national defense, diplomacy, and judicial affairs.
(3) In principle, an autonomous Gu shall have priority under Article 10 (3) of the Local Autonomy Act in performing an administrative task to be performed by either the Seoul Government or an autonomous Gu: Provided, That the Seoul Government shall perform the administrative tasks that an autonomous Gu lacks ability to perform or that the Seoul Government can perform more effectively.

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.
(2) The Seoul Government may enact municipal ordinances and rules for performing national administrative tasks delegated as above.
(3) If performing an administrative task delegated to the Seoul Government universally and harmoniously is deemed unnecessary or if the Central Government intervenes excessively in a delegated administrative task by giving instructions on the delegated administrative task or in any other way, the Seoul Government shall proactively endeavor to take corrective measures therefor.


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.
(2) The Seoul Government may enact municipal ordinances containing provisions exceeding, or additional to, the minimum standards provided by law, so as to reflect specific local needs and promote residents' welfare.
(3) The Seoul Government shall enact a municipal ordinance on its administrative tasks to restrict any right of residents, impose a duty on residents, or prescribe penalty provisions within the extent delegated by law; but the abovementioned delegation by law shall not be limited to specific matters, in light of democracy in local autonomy.

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.
(2) The guidelines that the Central Government prescribes by law to ensure administrative organs and personnel quotas are managed appropriately shall be limited to minimum requirements, such as personnel expenses, and shall not violate a local government's inherent authority for organization.

Article 19 (Financial Autonomy) (1) The Seoul Government shall manage its finances properly in accordance with the principle of equilibrium between revenue and expenditure.
(2) The Seoul Government shall formulate its budgets by computing expenses, etc. according to reasonable standards within the extent prescribed by statutes and municipal ordinances.
(3) In order to promote balanced development of the State and regions and perpetuate autonomy of local governments, the Seoul Government may request the Central Government to guarantee autonomous funds appropriate for performing administrative tasks.
(4) If any guideline prescribed by the Central Government violates the Seoul Government's inherent authority for formulating budgets or if the Central Government shifts the burden of any cost or expense to be borne from its finances, onto the Seoul Government, the Seoul Government shall proactively endeavor to rectify such violation or unreasonable shift.

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.
(2) The Seoul Government shall research, and prepare for, the impact of reunification on citizens and municipal administration; and shall endeavor to cooperate closely with the Central Government for peaceful reunification.


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>
This Ordinance shall enter into force on the date of its promulgation.