SEOUL METROPOLITAN COUNCIL RULE ON THE TREATMENT OF PETITIONS
Partial Amendment No. 17, Jan. 07, 2010 | Partial Amendment No. 30, Sep. 21, 2017 |
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Article 1 (Purpose)
The purpose of this Rule is to prescribe matters necessary for efficiently reviewing and processing petitions submitted to the Seoul Metropolitan Council pursuant to Article 60 of the Enforcement Decree of the Local Autonomy Act. <Amended by Rule No. 30, Sep. 2017>
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Article 2 (Submission of Written Petitions)
(1) A written petition to be submitted shall include an attachment of a written opinion of a member of the Seoul Metropolitan Council (hereinafter referred to as "Council member") who introduces the petition pursuant to attached Form 1. <Amended by Rule No. 30, Sep. 2017>
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Article 3 (Demand for Complement to Petition)
(1) Where a petition submitted to the Seoul Metropolitan Council (hereinafter referred to as the "Council") fails to meet requirements under Article 2, the Council may demand the petitioner to complement the petition submitted within a fixed period of not more than 15 days: Provided, That a written petition not including an attachment of a written opinion of a Council member introducing the petition may be processed by being classified as a document for a general civil petition. <Amended by Rule No. 30, Sep. 2017>
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Article 4 (Notification of Nonacceptance)
Where a petition falls under any of the following cases, the Chairperson of the Seoul Metropolitan Council (hereinafter referred to as the "Chairperson") shall not accept it. In such case, the Chairperson shall notify the relevant Council member introducing such petition and the petitioner, specifying grounds for such nonacceptance: <Amended by Rule No. 30, Sep. 2017>
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Article 5 (Filing of Objection)
(1) Where a petition is not accepted pursuant to subparagraph 3 of Article 4, the petitioner may file an objection via the Council member introducing such petition within 15 days from the day of receipt of a notification of nonacceptance.
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Article 6 (Reviewing and Processing Petitions)
The competent standing committee (hereinafter referred to as the "committee") shall report to the Chairperson the result of review of a petition filed with him for review within 60 days from the day of filing of such petition, except in extenuating circumstances; and if the review is not completed within such period, it may submit an interim report of the review to the Chairperson and then require the extension of the period of review.
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Article 7 (Statements of Petitioner, etc.)
If deemed necessary for the review of a petition, the plenary session or the committee may listen to the statements or opinions of the petitioner, interested persons, and persons with knowledge and experience in related fields. In such cases, the Seoul Metropolitan Council Ordinance on the Payment of Expenses for Council Activities, Etc. of the Members of the Council shall apply mutatis mutandis to paying travel expenses and daily allowances to such interested persons and persons with knowledge and experience, excluding such petitioner.
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Article 8 (Exclusion and Refrainment)
(1) Where a Council member has a direct interest in a petition or has an obvious ground to undermine fairness in a petition, he/she may not participate in reviewing such petition or adopting a resolution thereon.
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Article 9 (Petitions Not Referred to the Plenary Session for Review)
Where a petition falls under any of the following cases, the committee shall adopt a resolution not to refer it to the plenary session for review: <Amended by Rule No. 30, Sep. 2017>
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Article 10 (Report of Review)
Where the committee intends to refer a petition to the plenary session for review pursuant to Article 75 of the Local Autonomy Act, it shall decide on the petition as classified in the following, and report such decision, attaching its opinion thereto:
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Article 11 (Notification of Petitioner and Council Member)
The Chairperson shall notify the petitioner and the Council member introducing the petition of the following: <Amended by Rule No. 30, Sep. 2017>
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Article 12 (Withdrawal of Petition)
Where intending to withdraw a petition, the petitioner shall submit to the Chairperson a written request for withdrawal of the petition on attached Form 2, signed and sealed by the petitioner and the Council member introducing the petition.
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Article 13 (Withdrawal of Introduction and Validity of Petition)
Where a petition is accepted, its validity shall not be affected even though the Council member who introduced the petition withdraws the introduction thereof.
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Article 14 (Disciplinary Action)
Where a Council member to participate in reviewing a petition and adopting a resolution thereon fails to refrain from such participation, being aware that a ground for exclusion prescribed in Article 8 exists, such member may receive a disciplinary action, as prescribed by the Local Autonomy Act and the Seoul Metropolitan Council Meeting Rule.
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ADDENDA <Rule No. 14, July 24, 2008> |