Busan Metropolitan City Ordinance on Local Referendum : City Government

BUSAN METROPOLITAN CITY ORDINANCE ON LOCAL REFERENDUM

Ordinance No. 3940, Jul. 8, 2004

Amended by Ordinance No. 3984, Feb. 16, 2005

Ordinance No. 4374, Apr. 29, 2009

Ordinance No. 4625, Jun. 8, 2011

Ordinance No. 5141, May. 27, 2015

The purpose of this Ordinance is to promote residents' participation in the administration of Busan Metropolitan City as well as to reflect their opinions in such administration on an active basis by providing for matters delegated by the Local Referendum Act (hereinafter referred to as the "Act") and those necessary for the enforcement thereof. (Amended by Ordinance No. 3984, Feb. 16, 2005)

(1) The Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") shall take necessary measures to facilitate the exercise of residents' right to vote in a local referendum.

(2) If the Busan Metropolitan City Election Commission requests the Mayor to render any assistance necessary for local referendum affairs, he/she shall preferentially comply with such request.
(3) The Mayor shall, bonafide, provide any information and material on a local referendum in order for residents to make any objective judgment and rational decision in connection with the referendum.
(4) The Mayor shall take necessary measures such as providing relevant information by marking foreign languages and Korean together for Korean nationals abroad or foreigners, granted with voting rights pursuant to Article 5 (1) of the Local Referendum Act (hereinafter referred to as the "Act"), to participate in the local referendum. (Newly Inserted by Ordinance No 4374, Apr. 29, 2009)

A foreigner who is not less than nineteen years of age, who has his/her domicile in Busan Metropolitan City (hereinafter referred to as the "City") as of the base date of the preparation of a register of voters, and who is qualified to be permanently resident under immigration control-related statutes, shall have the right to vote in a local referendum. (Amended by Ordinance 4374, Apr. 29, 2009)

Such matters as may be subject to a local referendum under Article 7 (1) of the Act shall be as follows:
- 1. Matters concerning any change in the location of an office of the City;
- 2. Matters concerning the establishment and management of major public facilities for the use of many residents;
- 3. Matters concerning the establishment of various funds, the issuance of local bonds or the implementation of private-invested projects;
- 4. Matters subject to the hearing of opinions of residents under other Acts;
- 5. Other major decisions which have a substantial bearing upon the welfare, safety, etc. of residents.

The number of residents who shall affix their signatures in case of making a request for a local referendum under Article 9 (2) of the Act shall be 1/20 of the total number of residents having the right to make such request.

(1) The representative of residents who make a request for a local referendum (hereinafter referred to as the "representative") shall, if he/she requests them to affix their signatures under Article 10 (3) of the Act, attach a written request or a copy thereof and a representative's certificate or a copy thereof to a register of those signatures (hereinafter referred to as the "signature register"). (Amended by Ordinance 4374, Apr. 29, 2009)

(2) The representative may delegate his/her authority to make a request for signatures to any other resident having the right to make a request for a local referendum under Article 10 of the Act and shall, if the representative does so, submit a report on such delegation including the full name of the delegated person and the delegation period to the Mayor. In this case, the Mayor shall deliver a certificate of the said report within three days after verifying whether or not the delegated person is a resident having the right to make a request for a local referendum. (Amended by Ordinance 4374, Apr. 29, 2009)
(3) The delegated person referred to in paragraph (2) of this Article shall, if he/she requests residents to affix their signatures under Article 10 (3) of the Act, attach a written request for a local referendum or a copy thereof, a representative's certificate or a copy thereof and a signature request authority delegation report certificate to the signature register. (Amended by Ordinance 4374, Apr. 29, 2009)

The signature request period under Article 10 (3) of the Act shall not exceed one hundred and eighty days from the date when the delivery of a representative's certificate is published under Article 10 (2) of the Act. (Amended by Ordinance 4374, Apr. 29, 2009)

(1) A resident who intends to sign the signature register shall enter his/her full name, date of birth, domicile or temporary domicile, or place of sojourn as well as the date of such signature in the register and sign or seal it. (Amended by Ordinance No. 4374, Apr. 29, 2009; Ordinance No. 5141, May. 27, 2015)

(2) The signature register shall be separately prepared on the basis of Eup/Myeon/Dong according to Gu/Gun.

A written request for a local referendum under Article 12 (1) of the Act shall include the representative's full name, date of birth, domicile or temporary domicile, or place of sojourn, the subject matter of and reasons for the request, the facts supporting it, etc. and may, if necessary, be accompanied by relevant data. (Amended by Ordinance No 4374, Apr. 29, 2009; Ordinance No. 5141, May 27, 2015)

(1) The Mayor shall have residents inspect a written request for a local referendum and the signature register after determining a period, time and place of such inspection according to Gu/Gun and Eup/Myeon/Dong under Article 12 (3) of the Act.

(2) When the Mayor has residents inspect a written request for a local referendum and the signature register under paragraph (1), he/she shall offer copies thereof for such inspection so as not to disclose individuals' date of birth: Provided, That when any individual intends to confirm his/her signature, the Mayor may have him/her inspect relevant parts of the originals. (Amended by Ordinance 4374, Apr. 29, 2009; Ordinance No. 5141, May 27, 2015)
(3) When the Mayor has residents inspect a written request for a local referendum and the signature register under paragraph (1), he/she shall have a relevant public official participate therein.
(4) If the Mayor publishes the fact that a local referendum is requested under Article 12 (3) of the Act, he/she shall make public notice of a period, time, and place referred to in paragraph (1) of this Article.

The signature correction period under Article 12 (7) of the Act shall not exceed fifteen days.

(1) The Mayor shall establish the Busan Metropolitan City Council (hereinafter referred to as the "Council") to deliberate and resolve on any of the following matters: (Amended by Ordinance No. 4374, Apr. 29,2009)

- 1. Confirmation of valid signatures affixed to the signature register;
- 2. Review and decision on objections;
- 3. Review and decision on local referendum request requirements;
- 4. Other matters which the Chairperson refers to the Council.
(2) The Council shall be composed of not more than eleven members including one chairperson and one vice chairperson, and a majority of the members shall not be public officials. (Amended by Ordinance No. 4374, Apr. 29, 2009)
(3) The chairperson and the vice chairperson of the Council shall be elected from among the members, and if the chairperson is unable to perform his/her duties for any unavoidable reason, the vice chairperson shall act on behalf of the chairperson. (Amended by Ordinance No. 4374, Apr. 29, 2009)
(4) The members referred to in paragraph (2) shall be appointed or commissioned by the Mayor from among any of the following persons:
- 1. Grade Ⅲ public officials (or corresponding position thereto) or higher belonging to the City: (Amended by Ordinance No. 4374, Apr. 29,2009)
- 2. Persons recommended by the Busan Metropolitan Council;
- 3. Persons deemed to have much professional knowledge and experience in relevant fields, such as attorneys-at-law, professors, and representatives of non-governmental organizations.
(5) Commissioned members shall hold office for a term of two years and may be commissioned consecutively for two further terms.
(6) A meeting of the Council shall, if requested by the chairperson or at least one third of the members, be convened by the Chairperson.
(7) All decisions of the Council shall be taken by a simple majority of the members.
(8) The Council may, if deemed necessary to deal with objections, request relevant persons to give their opinions or testimony.
(9) Allowances and travel expenses may be reimbursed to those members who attend a meeting of the Council, within budgetary limits.
(10) Except as otherwise expressly provided for in this Ordinance, matters necessary for operating the Council shall be determined by the Chairperson, upon resolution of the Council. (Amended by Ordinance No. 4374, Apr. 29, 2009)

(1) The Mayor shall, within seven days after receiving an application for delivery of a representative' certificate from the representative, deliver that certificate.

(2) The Mayor shall decide whether or not to accept a request for a local referendum made by the representative within fourteen days after the public inspection period under Article 12 (3) and (5) of the Act expires or the results of review on objections is communicated: Provided, That the Mayor shall do so within fourteen days after the correction period expires when he/she requests any correction under Article 12 (7) of the Act. (Amended by Ordinance No. 4374, Apr. 29, 2009)
(3) If it is difficult to decide whether or not to deliver a representative' certificate or accept a request for a local referendum for any unavoidable reason, the Mayor may, only once, extend such decision for a period referred to in paragraph (1) or (2). (Amended by Ordinance No. 4374, Apr. 29, 2009)

(1) No resident shall make a house-to-house visit related to a local referendum campaign from 8:00 p.m. to 8:00 a.m. on the next day under Article 22 (2) of the Act. (Amended by Ordinance No. 4374, Apr. 29, 2009)

An outdoor meeting related to a local referendum campaign (meaning a speech meeting, interview or debate in any open place) shall not be held from 10:00 p.m. to 7:00 a.m. on the next day under Article 22 (2) of the Act: Provided, That when only portable loudspeaker systems are used in a speech or interview in any open place, such speech or interview shall be permitted from 6:00 a.m. to 11:00 p.m. (Amended by Ordinance No. 4374, Apr. 29, 2009)

Article 15 (Form of Written Request for Local Referendum, etc.) Forms related to a local referendum shall be as follows: (Amended by Ordinance, Apr. 29, 2009; Ordinance No. 5141, May 27, 2015)
- 1. Application for Delivery of Representative's Certificate: attached Form1;
- 2. Representative's Certificate: attached Form 2;
- 3. Report on Delegation of Authority to Request Signatures: attached Form3;
- 4. Signature Request Authority Delegation Report Certificate: attached Form 4;
- 5. Signature Register of applicants: attached Form 5;
- 6. Request for Local Referendum: attached Form 6;
- 7. Written Objection: attached Form 7.

Public notice under Articles 8 (2), 9 (4), 10 (2), 12 (3), 12 (8), and 13 (1) and public notice under Articles 10 (4) and 13 (2) of the Act shall be included or posted in a gazette of Busan Metropolitan City and on the web site of the City. (Amended by Ordinance No 4374, Apr. 29, 2009; Ordinance No 4625, Jun. 8, 2011)

This Ordinance shall enter into force on July 30, 2004.

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

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

[Form 1 - 7] Application

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Ordinances

Busan Metropolitan City Ordinance on Local Referendum

BUSAN METROPOLITAN CITY ORDINANCE ON LOCAL REFERENDUM