Government legislation ministry says local mergers can skip special commission process

The Ministry of Government Legislation said that cities, counties and districts seeking to merge may proceed under the Local Autonomy Act without first undergoing the integration review process administered by the Local Era Committee. The interpretation, issued in response to an inquiry from the Ministry of the Interior and Safety, clarifies that the procedural steps outlined in the Special Act on Decentralization and Balanced Growth are not mandatory prerequisites for municipal consolidation.

Under the special act, the Local Era Committee is tasked with identifying potential merger candidates and formulating integration plans based on established criteria. However, the ministry determined that these provisions serve to promote and support voluntary unification efforts rather than impose a binding obligation on local governments. Consequently, municipalities retain the autonomy to initiate mergers directly through legislative action and local council consultations or resident referendums as prescribed by the Local Autonomy Act.

The ruling hinged on an analysis of the distinct legislative purposes and scopes of the two laws. While the Local Autonomy Act governs the fundamental organization and operational procedures of local entities, including their creation or dissolution, the special act focuses on broader strategies for regional balanced growth and decentralization. The ministry concluded that the specific merger procedures in the special act do not take precedence over the general framework established by the Local Autonomy Act because their areas of application differ.

Officials noted that requiring strict adherence to the committee-led process could unnecessarily constrain the ability of local governments to reach voluntary agreements or hinder swift administrative restructuring needed to address regional challenges. The Ministry of Government Legislation exercised its authority to provide this interpretation to resolve potential conflicts in law enforcement between central administrative agencies.