SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON DISCLOSURE OF ADMINISTRATIVE INFORMATION FOR OPEN CITY ADMINISTRATION Comparison

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON DISCLOSURE OF ADMINISTRATIVE INFORMATION FOR OPEN CITY ADMINISTRATION

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON DISCLOSURE OF ADMINISTRATIVE INFORMATION FOR OPEN CITY ADMINISTRATION
Amendment of Other Laws No. 5308, Jul. 26, 2012	Whole Amendment No. 5553, Aug. 01, 2013
Article 1 (Purpose) The purpose of this Ordinance is to secure transparency in the administration and operation of the Seoul Metropolitan Government (hereinafter referred to as "city administration") by providing for matters necessary for the disclosure of administrative information of the Seoul Metropolitan Government pursuant to the Official Information Disclosure Act (hereinafter referred to as the "Act"). <Amended by Ordinance No. 4307, Sep. 30, 2005>	Article 1 (Purpose) The purpose of this Ordinance is to ensure transparency in the administrative operation of the Seoul Metropolitan Government and its affiliated executive agencies and guarantee citizens' right to know administrative information so as to ultimately realize open city adminstration through communication and cooperation by prescribing matters necessary for the disclosure of administrative information held by the Seoul Metropolitan Government and its affiliated executive agencies pursuant to the Official Information Disclosure Act (hereinafter referred to as the "Act").
Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 4235, Nov. 5, 2004; Ordinance No. 4235, Mar. 17, 2005; Ordinance No. 4410, Jul. 19, 2006; Ordinance No. 4528, May 29, 2007> 1. The term "executive agency" means the Seoul Metropolitan Government, an administrative agency affiliated to the Seoul Metropolitan Government, or an institution invested or funded by the Seoul Metropolitan Government; 2. The term "petitioner" means a private individual, a legal entity, or an organization that files a petition with an executive agency to disclose administrative information; 3. The term "invested institution" means a local public corporation or authority established by the Seoul Metropolitan Government; 4. The term "funded institution" means the Seoul Development Institute, the Seoul Business Agency, the Seoul City Credit Guarantee Foundation, the Sejong Center for the Performing Arts, the Seoul Foundation of Women and Family, the Seoul Welfare Foundation, or the Seoul Foundation for Arts and Culture, established by the Seoul Metropolitan Government.	Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: 1. The term "executive agency" means the Seoul Metropolitan Government, an administrative agency affiliated with the Seoul Metropolitan Government, or an institution whose funds have been provided or contributed by the Seoul Metropolitan Government; 2. The term "petitioner" means a private individual, legal entity, or organization that files a request with an executive agency for disclosure of administrative information; 3. The term "invested institution" means a local public corporation or local public authority established by the Seoul Metropolitan Government; 4. The term "funded institution" means a legal entity established by the Seoul Metropolitan Government pursuant to Article 32 of the Civil Act or any special Act.
Article 3 (Principle of Disclosure of Information) The administrative information possessed and managed by each executive agency shall be disclosed to the public, as provided for in Acts, subordinate statutes, and this Ordinance.	Article 3 (Principles of Disclosure of Information) (1) Administrative information possessed and managed by each executive agency is a precious public asset, the disclose of which shall be done in accordance with the provisions of relevant Acts, subordinate statutes, and this Ordinance. (2) To satisfy citizens' right to know administrative information, the scope of administrative information subject to prior disclosure, including principal approved documents, disclosable even without a citizen's request, shall be expanded. (3) Information to be disclosed shall be classified and managed in a manner readily accessible thereto by citizens, and shall be promptly provided via information and communications networks. (4) The details of information to be disclosed shall be conscientiously prepared and provided, in accordance with the purpose of providing such information.
Article 4 (Responsibilities of Seoul Metropolitan Government) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall endeavor to expand the scope of disclosable administrative information and to improve systems therefor to allow citizens to acquire correct administrative information promptly and easily.	Article 4 (Responsibilities of Executive Agencies) (1) The head of each executive agency shall classify and store administrative information subject to disclosure in a systematic manner so as to be able to promptly respond to requests for the disclosure of administrative information. (2) The head of each executive agency shall prepare and keep a list of information, publish the list through an information disclosure system, etc. accessible via information and communications networks, and shall install and operate counters for receipt of requests for the disclosure of administrative information at places convenient for citizens' access. (3) The head of each executive agency shall pro-actively collect opinions from citizens to expand the scope of disclosable administrative information and to promote communication with citizens, and may provide an agency or organization that implements an appropriate program therefor with administrative and financial assistance.
Article 5 (Duties of Executive Agencies) (1) The head of each executive agency shall systematically classify and keep disclosable administrative information so that he/she can promptly respond to any request for disclosure of such administrative information. (2) The head of each executive agency shall prepare and keep a list of information, disclose such list via the information disclosure system, etc. using an information and communications network, and shall establish and operate a reception desk for the disclosure of administrative information at a place easily accessible by citizens for their convenience. <Amended by Ordinance No. 4235, Nov. 5, 2004>	Article 5 (Publication of Administrative Information) (1) Each executive agency shall declassify the following administrative information on a regular basis, even without a petitioner's request therefor: Provided, That the foregoing shall not apply to classified administrative information under an Act, subordinate statute, or any other ordinance: 1. Medium- and long-term comprehensive plans, medium- or long-term plans by sector, and important master plans by the Seoul Metropolitan Government; 2. An interim draft plan pertaining to a plan formulated by an executive agency, among the plans set forth in subparagraph 1 above; 3. The operational plan, budget, and financial statements of the Seoul Metropolitan Government for the pertinent year and reports on the management of its funds; 4. Operational plans and financial statements of institutions, the funds of which have been provided or contributed by the Seoul Metropolitan Government for the pertinent year; 5. The current status of debts and a plan for annual repayment of debts; 6. Details of business advancement expenses incurred by the Mayor, Vice Mayors, Director Generals, and divisions and institutions headed by a Grade-IV or higher-ranking public official of the Seoul Metropolitan Government; details of business advancement expenses incurred by the heads and executives of invested institutions and funded institutions; and details of business advancement expenses incurred by the President and Deans of the University of Seoul; 7. A plan for the adjustment of rents, fees, and various public utility charges levied by an executive agency; 8. Findings of major statistical surveys conducted by the Seoul Metropolitan Government in connection with city administration by sector on a regular basis (such as speeds of traffic flow and traffic volume, amounts of waste generated, population and household statistics, industrial statistics, and statistics pertaining to urban planning); 9. The current status of negotiated contracts of a value of at least ten million won, construction projects with a total construction cost of at least 100 million won, contracts for purchasing goods, and contracts for outsourcing services; matters regarding amendment to a contract; and details of budget implementation in connection with contracts by budget category; 10. Rulings on administrative appeals; decisions on petitions for objection against local taxes; and decisions on petitions for examination; 11. Reports on results of public hearings held by the Seoul Metropolitan Government in regard to various sectors of city administration; 12. Operational manuals containing guidelines, procedures, etc. for handling civil petitions and disclosing information; 13. Outcomes of various outsourced service projects, such as scientific services; 14. Results of meetings of various committees of the Seoul Metropolitan Government, including the investment examination committee, and meeting minutes; 15. The current status of the targets set by each Director General in relation to the target management system and the current status of budget implementation for such targets; 16. Other activities an executive agency deems necessary to disclose for the public good. (2) The Seoul Metropolitan Government shall pro-actively disclose the following administrative information, in addition to the information set forth in paragraph (1): 1. Findings of water quality tests conducted by the Seoul Metropolitan Government on a regular basis on raw water and purified water for waterworks and findings of tests and measurements conducted on air, noise, etc. in connection with environmental conservation; 2. Findings of evaluations on business performance of local public corporations and authorities of the Seoul Metropolitan Government; 3. A plan to fulfill commitments of the Mayor of the Seoul Metropolitan Government and results of performance of such commitments; 4. Reports on activities of the citizens' ombudsmen of the Seoul Metropolitan Government; 5. Findings of evaluations conducted by specialized survey and research institutions commissioned by the Seoul Metropolitan Government on the level of citizens' satisfaction with public services provided by each autonomous Gu or affiliated agency, by an institution entrusted with administrative affairs of the Seoul Metropolitan Government, or by a private institution or company providing social public services; 6. Reports on the findings of inspection and examination of the safety of bridges, tunnels, and subways; 7. The current status of compilation and implementation of the budget for the safety management and maintenance of such structures as bridges and tunnels; 8. The current status of budget implementation for preparation against disasters and floods and for safety management; 9. The current status of outbreaks of infectious diseases; 10. Trends and the current status of the fluctuation of prices for agricultural and livestock products, findings of inspections on pesticide residues in agricultural products, and findings of inspections on the labeling of country of origin; 11. An audit plan and the findings of the audit and a report on the findings of the audit conducted by the Metropolitan Council on administrative affairs for the pertinent year. (3) The scope of administrative information subject to disclosure under any subparagraph of paragraph (1) or (2) in further detail, the interval, timing, and method of disclosure, the Division in charge of disclosure, etc. shall be prescribed by Municipal Rules.
Article 6 Deleted. <by Ordinance No. 4235, Nov. 5, 2004>	Article 6 (Bearing of Expenses) Expenses incurred in the disclosure of administrative information shall be borne by the relevant petitioner, and the amount of such expenses and matters necessary for the procedure for levying fees for such expenses shall be prescribed by the Seoul Metropolitan Government Ordinance on Collection of Fees.
CHAPTER II ADMINISTRATIVE INFORMATION PUBLICATION SYSTEM Article 7 (Publication of Administrative Information) (1) Each executive agency shall disclose the following administrative information on a regular basis, even without a petitioner's request: Provided, That the foregoing shall not apply to administrative information classified as non-disclosable pursuant to an Act or subordinate statute or any other ordinance: 1. The business plan, budget, statements of accounts, and the operation of funds of the Seoul Metropolitan Government for the current year; 2. The budget and the statements of accounts of an institution invested or funded by the Seoul Metropolitan Government; 3. The current status of liabilities of the Seoul Metropolitan Government or a local public corporation or authority of the Seoul Metropolitan Government and the annual repayment plan therefor; 4. The details of business promotional expenses incurred by the Mayor, Vice Mayors, Director Generals, and divisions and institutions headed by a Grade-IV or higher-ranking public official, and the details of business promotional expenses incurred by the heads and executives of invested institutions and funded institutions, and the President, deans and office chiefs of the University of Seoul; 5. The results of evaluation on business performance of local public corporations and authorities among executive agencies; 6. The results of water quality tests conducted by the Seoul Metropolitan Government on a regular basis for raw water and purified water of the city's water supply and the results of tests and measurements conducted in connection with environmental conservation, such as air and noise; 7. The results of major statistical surveys conducted by the Seoul Metropolitan Government on a regular basis on city administration for each sector (such as traffic speed and traffic volume, the amount of waste generated, statistics of population and households, industrial statistics, and statistics related to urban planning); 8. Reports on activities of citizen ombudsmen of the Seoul Metropolitan Government; <Amended by Ordinance No. 4614, Apr. 3, 2008> 9. The results of the quarterly review and analysis of major projects. (2) When an executive agency establishes a plan for any of the following administrative information or completes a survey thereon, it shall disclose the relevant information even without a petitioner's request: Provided, That the foregoing shall not apply to administrative information classified as non-disclosable pursuant to an Act or subordinate statute or any other ordinance: 1. The Seoul Metropolitan Government's mid to long term comprehensive plan, a mid to long term plan for each sector, and important basic plans; 2. A draft of a plan established by an executive agency at an interim stage in connection with any of the plans referred to in subparagraph 1; 3. A plan for the adjustment of charges, fees, and various public dues levied by an executive agency; 4. The results of evaluations of each autonomous Gu, its affiliated agencies, institutions to which administrative affairs of the Seoul Metropolitan Government are entrusted, and private institutions and business entities that provide public services, such as the level of citizen satisfaction for public services and anti-corruption indexes of institutions and divisions at various levels, which are conducted by a specialized survey and research institute upon the Seoul Metropolitan Government's request; 5. A report on the results of examination and diagnosis on the safety of bridges, tunnels, and subways; 6. The current status of compilation and execution of budget for the safe control and maintenance of bridges, tunnels, etc.; 7. The current status of execution of budget for the safety control in preparation for disasters and floods; 8. A contract for a construction project with a total project cost of one billion won or more or a contract for the purchase of goods or services of 100 million won or more; 9. The results of decisions on an administrative appeal, the results of objections to a local tax, or the results of deliberation on a petition for review; 10. A report on the results of a public hearing held by the Metropolitan Government with regard to city administration; 11. A work process manual containing guidelines and procedures for the processing of civil petitions; 12. Matters concerning the results of major service projects; 13. Goals pursued by each director general and executive director in connection with the goal management system and the current status of execution of budget in relation to such goals; 14. Other affairs that an executive agency acknowledges as proper to disclose for public interest. (3) The method of disclosure of administrative information under any subparagraph of paragraphs (1) and (2) shall be prescribed by the Enforcement Rule.	Article 7 (Establishment and Operation of Information Disclosure Council) (1) Each executive agency shall establish and operate an information disclosure council pursuant to the provisions of Article 12 of the Act (hereinafter referred to as "Council"). (2) The Council shall be comprised of not exceeding seven members, including one chairperson and one vice chairperson, and a majority of members shall be comprised of persons commissioned by the executive agency from among persons outside the executive agency who have abundant expertise and experience in the disclosure of administrative information. (3) The term of office of each commissioned member shall be two years, which may be renewed consecutively, only once: Provided, That the term of office of a member filling a vacancy shall be the remaining term of his/her predecessor. (4) A meeting of the Council shall be duly formed with the attendance of a majority of incumbent members, and a resolution shall be adopted by concurring votes of a majority of the members present at the meeting. (5) Commissioned members may be paid allowances, and reimbursed for travel expenses, and other necessary expenses, within budgetary limits. (6) Further details about methods for the organization and operation of the Council of each executive agency shall be prescribed by Municipal Rules or by Regulations.
Article 8 (On-Line Disclosure System for Processing of Civil Petitions) (1) The Seoul Metropolitan Government and each autonomous Gu shall disclose the current status of the processing of civil petitions filed for authorization, permission, licensing, or the like, on the Internet or by similar means. (2) Necessary matters concerning the scope of disclosable civil petitions, etc. under paragraph (1) shall be prescribed by the Enforcement Rule.	Article 8 (Council's Functions) The Council shall deliberate on the following matters: 1. Matters on which the head of an executive agency requests the Council to deliberate in connection with decision-making as to whether to disclose administrative information in response to a request for disclosure and the scope and method of disclosure; 2. An objection filed pursuant to the provisions of Article 18 or 21 (2) of the Act; 3. Other matters on which the head of an executive agency deems necessary to deliberate or on which the Council chairperson requests the Council or brings to the Council, to deliberate, for expanding citizens' right to know administrative information.
CHAPTER III DISCLOSURE METHODS AND BEARING OF EXPENSES THEREFOR Article 9 (Disclosure Methods) (1) Each petitioner shall gain access to administrative information by inspecting or viewing it at the designated date, time, and venue or through copies or duplicates issued, and it may be delivered by e-mail or transmitted by facsimile or through an electronic communications network at the request of a petitioner. <Amended by Ordinance No. 4235, Nov. 5, 2004> (2) When the disclosure of administrative information is made by the inspection thereof, copies of such administrative information may be used, if the original documents are likely to be mutilated or it is considered reasonable on any other ground to disclose the information in such a manner. (3) If multiple petitioners apply or if administrative information is published periodically or frequently by an administrative agency, such information may be disclosed via the Internet. (4) If any overload created by a request for the disclosure of administrative information is likely to cause a serious problem in normal performance of duties, delivery of the copies or duplicates of the administrative information may be made over a specified period or the inspection and delivery of such copies or duplicates may be permitted concurrently. <Amended by Ordinance No. 4235, Nov. 5, 2004> (5) Deleted. <by Ordinance No. 4235, Nov. 5, 2004>	Article 9 (Hearings) If the Council deems it necessary, it may seek opinions from relevant public officials, petitioners, appropriate experts, or other interested third parties.
Article 10 (Bearing of Expenses) Expenses incurred in the disclosure of administrative information shall be borne by the relevant petitioner, and the amount of such expenses, the procedure for the collection of such expenses, and other necessary matters shall be prescribed by the Seoul Metropolitan Government Ordinance on Collection of Fees. <Amended by Ordinance No. 4235, Nov. 5, 2004; Ordinance No. 4307, Sep. 30, 2005>	Article 10 (Council Members' Duty) No Council member shall divulge any confidential information which becomes known to him/her in the course of performance of his/her duties, even after he/she is dismissed from his/her office.
CHAPTER IV INFORMATION DISCLOSURE COUNCIL Article 11 (Establishment and Operation of Information Disclosure Council) (1) Each executive agency shall establish and operate an information disclosure council pursuant to Article 12 of the Act (hereinafter referred to as the "Council"). <Amended by Ordinance No. 4307, Sep. 30, 2005> (2) The Council shall be comprised of not more than seven members, including a chairperson and a vice chairperson, and a majority of members shall be comprised of persons commissioned by the executive agency from among persons outside the executive agency who have considerable expertise and experience in the disclosure of administrative information. (3) The term of office of a commissioned member shall be two years, which may be renewed consecutively only once: Provided, That the term of office of a member filling a vacancy shall be the remaining term of his/her predecessor. <Amended by Ordinance No. 4235, Nov. 5, 2004> (4) Commissioned members may be reimbursed for allowances, travel expenses, and other necessary expenses within budget. (5) Further details about the composition and jurisdiction of the Council of each executive agency shall be prescribed by the Enforcement Rule.	Article 11 (Seoul Metropolitan Council) (1) The Council chairperson shall be elected by, and from among, commissioned Council members, while the Director General of the Administration Bureau shall serve as the vice chairperson. (2) The Director General of the Administrative Bureau, the Press Affairs Officer, and the Director of the Infrastructure Planning Division shall serve as ex officio members.
Article 12 (Council's Functions) The Council shall deliberate on the following matters: 1. Matters on which the head of an executive agency requests to deliberate in connection with decision-making on whether to disclose the administrative information, regarding which a petition for disclosure has been filed, and the scope and method of disclosure; 2. Handling of an objection filed against an executive agency's disposition or inaction in connection with the disclosure of administrative information; 3. Other matters on which the head of an executive agency or the Council chairperson requests deliberation or submits for deliberation in connection with the operation of the administrative information disclosure system.	Article 12 (Evaluation, Reporting, etc.) (1) The head of each executive agency shall inspect and evaluate the implementation of the information disclosure system at least twice a year and shall publish the findings thereof through its web-site and other information and communications networks. (2) The method, timing, and procedure for the inspection of implementation of the information disclosure system under the foregoing paragraph shall be prescribed by Municipal Rules. (3) The Mayor of the Seoul Metropolitan Government shall issue and publish a report annually on the evaluation of each executive agency's implementation of the information disclosure system.
Article 13 (Operation of Council) A meeting of the Council shall be duly formed with the attendance of a majority of incumbent members and shall adopt a resolution by a concurrent vote of a majority of members present at the meeting.	Article 13 (Relationship to other Systems) (1) This Ordinance shall not apply to administrative information disclosable through inspection, publication, public announcement, preliminary notice or the issuance of certified transcripts, abstracts, or other copies thereof under any other Act, subordinate statute, or ordinance. (2) No books or periodicals made available to the general public for perusal or loan in an executive agency's reference room, library, or the like shall be governed by this Ordinance.
Article 14 (Hearing of Opinions) If the Council deems it necessary, it may seek opinions from related public officials, petitioners, or other interested third parties.	Article 14 (Enforcement Rules) Necessary matters concerning the enforcement of this Ordinance shall be prescribed by Enforcement Rules.
Article 15 (Council Members' Duty) No Council member shall divulge any confidential information known to him/her in the course of performance of his/her duties, even after he/she is dismissed from his/her office.
Article 16 (Seoul Metropolitan Council) (1) The Council chairperson shall be elected by and from among commissioned Council members, while the Director General of the Administration Bureau shall serve as the vice chairperson. <Amended by Ordinance No. 4070, Apr. 15, 2003> (2) The Director General of the Administrative Bureau, the Press Affairs Officer, and the Director of the Urban Planning Division shall serve as ex officio members. <Amended by Ordinance No. 4070, Apr. 15, 2003; Ordinance No. 4307, Sep. 30, 2005>
CHAPTER V SUPPLEMENTARY PROVISIONS Article 17 (Relationships with Other Systems) (1) This Ordinance shall not apply to administrative information disclosable by the inspection, publication public notification, preliminary notice or the issuance of certified transcripts, abstracts, or other copies thereof under any other Act, subordinate statute, or ordinance. (2) Books and periodicals made available to the general public for reading or loan in an executive agency's reference room, library, or the like shall not be governed by this Ordinance.
Article 18 (Enforcement Rule) Necessary matters concerning the enforcement of this Ordinance shall be prescribed by the Enforcement Rule.
	ADDENDUM This Ordinance shall enter into force three months after the date of its promulgation. ADDENDUM <Ordinance No. 4070, Apr. 15, 2003> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 4235, Nov. 5, 2004> This Ordinance shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5 (2) shall enter into force on July 30, 2005. ADDENDUM <Ordinance No. 4307, Sep. 30, 2005> This Ordinance shall enter into force on the date of its promulgation. ADDENDA <Ordinance No. 4410, Jul. 19, 2006> Article 1 (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. Article 2 Omitted. ADDENDA <Ordinance No. 4528, May 29, 2007> Article 1 (Enforcement Date) This Ordinance shall enter into force on July 1, 2007. Article 2 (Transitional Measures concerning Foundation's Name) (1) The Seoul Women Foundation existing at the time this Ordinance enters into force shall be deemed the Seoul Foundation of Women and Family under this Ordinance. (2) Acts done by or in relation to the Seoul Women Foundation before this Ordinance enters into force shall be deemed acts done by or in relation to the Seoul Foundation of Women and Family under this Ordinance. Article 3 Omitted. ADDENDA <Ordinance No. 4614, Apr. 3, 2008> Article 1 (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. Article 2 (Transitional Measure concerning Appointment of Ombudsmen) The citizen auditors appointed before this Ordinance enters into force shall be deemed to have been appointed as citizen ombudsmen pursuant to this Ordinance. In such cases, the term of office and the consecutive appointment under Article 5 (1) shall be summed up in calculation. Article 3 Omitted. ADDENDUM This Ordinance shall enter into force on the date of its promulgation.