Residents Can Sue Local Government for Illegal Appropriation

The Resident Lawsuit System, which allows residents to bring a suit against the head of a local government if it appropriates its budget against a court-ordered law, will be implemented from 2006.

In addition, relevant ministers or provincial governors can institute a suit against local government heads who refuse a superior institution’s request to amend local law articles that go against the court-ordered laws.

During a Cabinet meeting on October 5, the government agreed on a revised bill on local government laws with such contents, and decided to submit the bill to the National Assembly during this month.

The bill requires residents to undergo resident monitoring with a certain number participating before it can submit a lawsuit, in order to prevent indiscriminate litigations.

It also prevented other residents from filing a suit on the same issue when legal proceedings on the matter are in action.

Moreover, residents who win in the proceedings can bill the costs of litigation, such as lawyer fees, and costs for a monitoring request to the relevant local government.

The Ministry of Government Administration and Home Affairs announced, “Even if the revised bill is passed by the National Assembly, the Resident Lawsuit System will be implemented in January 2006, after a year of preparation, as local governments will need time to amend their laws.”

Hyun-Doo Lee ruchi@donga.com