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Article 28
 

(Adjustment of Fixed Number of Local Council Members during Terms of Office)


Where the fixed number of members, constituencies, or districts change in accordance with an increase or decrease of the population, or a change in the
administrative districts, the elections in such increased or decreased constituencies shall not be held until the general election is held at the expiration of the terms of office: Provided, That if the district of the local government is changed, or the local government is established, abolished, divided or merged, the fixed number of the members of the local council concerned shall be adjusted as provided in the following subparagraphs and an election for the increase in the number of members shall be held in the case of subparagraph 3 (proviso), 5 or 6:


<Amended by Act No. 4947, Apr. 1, 1995; Act No. 7681, Aug. 4, 2005>


1. If the whole district corresponding to a constituency is integrated into another local government due to a district change of local government,
the local council member elected in the integrated constituency shall be disqualified as the previous local council member and qualified as a new local council member; if part of the district corresponding to a constituency is integrated into another local government, the local council member elected in the constituency to which the integrated area belongs, shall choose the local council to which he/she intends to belong within 14 days after the district is changed and report in writing to the local council concerned, and if the chosen local council is not the previous one, he/she shall be disqualified as the previous local council member and qualified as a new local council member, but his/her term of office shall be the same as the remaining term of
the previous local council membership and, notwithstanding the provisions of Article 22 or 23, the number of incumbent members shall be regarded as the fixed number of the local council members, respectively. In this case, the local council member who has acquired the qualification for the membership of the new local council, if having registered as a resident of the district under jurisdiction of the previous local government, shall register as a resident of the district under jurisdiction of the new local government within 14 days after the district is changed, and the local council member, if failing to
report the local council to which he/she intends to belong within 14 days after the district is changed, shall be deemed to have reported to the council of the local government having jurisdiction over the district of which he/she registered as a resident, as of the 14th day after the district is changed;


2. If two or more local governments are integrated to become a new local government, the previous local council member shall become a local council member of a new local government of the same category and hold office for his/her remaining term, and during this remaining term, notwithstanding the provisions of Article 22 or 23, the number of incumbent members shall be the fixed number of council members, respectively;


3. If a local government is divided into two or more local governments, the previous local council member shall become a council member of the local government having jurisdiction over the constituency at the time of his/her candidate registration and hold office for his/her remaining term, and during this remaining term, notwithstanding the provisions of Article 22 or 23, the number of incumbent members shall be the fixed number of council members, respectively. In this case, the proportional representative City/Do council members shall choose the City/Do council to which they intend to belong and report in writing their choice to the City/Do council concerned within 14 days after the City/Do is formed after being divided and the proportional representative autonomous Gu/Si/Gun council members shall choose the autonomous Gu/Si/Gun council to which they intend to belong within 14 days from the date on which the relevant autonomous Gu/Si/Gun is formed after being divided and then report in writing their choice to the relevant autonomous Gu/Si/Gun council: Provided, That if the number of incumbent council members is fewer than two thirds of the new fixed number of members as provided in Article 22 or 23, the election shall be held to fill up the fixed number of members;


4. If a Si becomes a Metropolitan City, the previous Si council member and the Do council member who has been elected in the competent area shall be disqualified as the previous local council member, respectively, and qualified as the Metropolitan City council member, but his/her term of office shall be the remaining term of the previous Do council member and during this remaining term, notwithstanding the provisions of Article 22, the number of incumbent members shall be the fixed number of the council members;


5. When an Eup or a Myeon becomes a Si, a new Si council shall be formed and the fixed number of the newly formed Si council members shall be the number calculated by subtracting the fixed number of the Gun council members who are already elected in the relevant constituency from the fixed number that is newly set by the constituency demarcation committee for the autonomous Gu/Si/Gun council members of the relevant City/Do and the Gun council members who are already elected in the relevant constituency shall become the members of the Si council. In this case, the number combined by the fixed number of newly elected members shall be made the total fixed number of the autonomous Gu/Si/Gun council members by the City/Do
provided for in the provisions of Article 23;


6. In the case of subparagraph 4, when any Gu that is not an autonomous Gu becomes an autonomous Gu, an autonomous Gu council shall be newly formed and the fixed number of the autonomous Gu council members shall be newly determined by the constituency demarcation committee for the autonomous Gu/Si/Gun council members of the relevant City/Do. In this case, the number combined by the newly fixed number of members shall be made the total fixed number of the autonomous Gu/Si/Gun council members by the City/Do provided for in the provisions of Article 23.