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A Study on the Duty to Give Reasons for Non-adoption of Citizen Proposals in Participatory Budgeting - Focusing on Local Governments' Accountability and the Improvement of Related Ordinances -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2026, 14(3), pp.637~660
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : August 10, 2026
  • Accepted : August 22, 2026
  • Published : August 31, 2026

Seo Jeong-mi 1

1안양대학교

Accredited

ABSTRACT

Article 39 of the Local Finance Act obliges the head of a local government to establish and operate a system enabling residents to participate in the budget process, and Article 46 of its Enforcement Decree lists public hearings, surveys and project competitions as participation methods. However, Article 46(2) of the Decree merely provides that the head of a local government "may reflect" the collected opinions in the budget process. It contains no provision requiring reasons to be given, or results to be notified to the proposer, where a proposal is not adopted. The entrance to participation is guaranteed by statute while the exit remains unregulated. This study isolates the non-adoption decision as a distinct legal issue. Because such a decision typically remains an internal preparatory step in the exercise of budget-drafting power, it is difficult to characterise it as an administrative disposition subject to revocation litigation. Yet the absence of disposition status does not by itself exempt the authority from the duty to give reasons. Article 27(3) of the Civil Petitions Treatment Act requires that, where a petition is refused, the reasons and available remedies be notified together. The current structure, under which a resident who responds to a statutorily created participation procedure is left without any result or reason, is inconsistent with that legislative scheme. Comparing the ordinances and official operating documents of Gyeonggi-do, Seoul Metropolitan City and Daegu Metropolitan City against four criteria, the study finds that all three disclose selection results to some degree, but none codifies a duty to state reasons for non-adoption or to notify the individual proposer. The study proposes introducing into the ordinances a principle of disclosure of reasons and a duty of individual notification, specifying minimum standards for the content of reasons by rule, and, in the longer term, providing a statutory basis for notification in Article 46 of the Enforcement Decree of the Local Finance Act.

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