Position of local council
Position of local council can become different depending on relationship between local council and executive organization. This relationship can be various. In Korea, both organizations are in antagonistic relationships.
Position for representative of inhabitants
Council consists of representative, and is the representative organization which deliberates and decides main agendas of local government. In indirect politics, this representative organization is very important. In local government, local council does this part.
Position for legislative organ
It means that council has function of deciding finally about important agendas of local government. Council deliberates and decides about regulations, managing organs, and general policies for local government. If council decides, executive organization will executes. Because council has right to decide finally, it is different from advisory organs.
Position for law making
Council has position for making regulations and laws. And also it manages concerned matters. This is basic function of local council. The local government head can have same right, but it is entrusted from the council.
Position for monitoring organ
Council watches executive organ. However this function is not main but accompanying function.
Rights of council are from local government act.
This is right for deciding agendas of local government or council. By this right, council can legislate or abolish regulations, and deliberate, decide, and approve budget and settlement. In Korea, local council take the limited enunciate for range of voting right. It means that agendas which are not regulated by law should be excepted from subjects of council voting.
- Voting agenda for local council -
① 11 voting agenda by local government act Article 35, Clause 1
◦ Legislation and abolition of regulations
◦ Deliberation and decision of budget
◦ Approval of settlement
◦ Levy and collecting fee, commission, share of expenses, and local tax which are not regulated by law.
◦ Setting and managing fund
◦ Acquisition and disposal of important property regulated by Presidential decree
◦ Establishing, managing, and disposal public facilities by Presidential decree
◦ Renouncement of duty or right beyond budget which are not regulated by law
◦ Acceptance and conducting of petition
◦ Matters of cooperation and interchange with overseas local government
◦ Matters under council's right by other law
② Matters which must be voted by council by law
③ Matters which must be voted by concerned local government regulation
Right for watching administration
As the representative of inhabitants, council watches and controls local government. It can be realized by audit right and examine right about local administrative works. And also council can demand attending and answering, material, reporting to public officials.
Autonomy right: Local council can organize and manage itself without interference of country of executive organs.
- Autonomy right of local council -
① Meeting rule making
② Opening and closing of meeting, and deciding of session
③ preserve the order
④ Punishment and examine qualification of representatives
⑤ Nonconfidence of chairman and vice chairman
⑥ Making internal organization
Right for election
Local council may decide by election. The right for election is divided into election for internal organization members and election right which is given by law or special regulations except local government act.
① Election for internal organization
◦ Election of chairman and vice chairman
◦ Election of acting chairman
◦ Election of standing committee chairman
◦ Election of special committee chairman
② Election and recommendation for construction of internal and external organs.
◦ Election of settlement & examination committee members
◦ Recommendation of various committee members for local government head (Demand of head, law, and regulation)
Right for managing petition
As the representative organ, council can accept and manage petition form inhabitant. That petition must be recommended by at least 1 council representative.
Right for expressing opinion
Council can express its opinion to executive organ, central government, other local government, and other public or civil organs for public good. This is complementary and additional right. This right is also proposed as a resolution and voted in committee and main meeting.
Right for demanding document submitting
To watch and examine executive organ, council has right to demand document related with agendas to local government head. This demanding should be carried before at least 3 days of submitting.
Right for demanding attendance and for asking
Main meeting and committee can demand attendance of head and public officials for asking about administration. There is also question in writing system for term of recess or closing of the meeting.