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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON ESTABLISHMENT AND OPERATION OF SOCIAL WELFARE FACILITIES
Partial Amendment No. 5314, Jul. 30, 2012 Partial Amendment No. 5534, Aug. 01, 2013

Article 1 (Purpose)
The purpose of this Ordinance is to enable citizens who require social welfare to lead a humane life by prescribing matters necessary for the establishment and operation of social welfare facilities.

Article 1 (Purpose) The purpose of this Ordinance is to enable citizens who require social welfare to lead a life worthy of human dignity by prescribing matters necessary for the establishment and operation of social welfare facilities.
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]



Article 2 (Definitions)
The definitions of terms used in this Ordinance shall be follows:

1. The term "social welfare facilities" means facilities related to welfare of aged or disabled persons or children, social welfare centers and shelters for vagrants and homeless people established by the Seoul Metropolitan City (hereinafter referred to as the "City") for the purpose of conducting social welfare services under subparagraph 1 of Article 2 of the Social Welfare Services Act; <Amended on Mar. 8, 2007>

2. The term "persons who require social welfare" means persons entitled to protection in accordance with Acts referred to in each item of subparagraph 1 of Article 2 of the Social Welfare Services Act. <Amended on May 4, 2006; Mar. 8, 2007; Oct. 1, 2007>

Article 2 (Definitions) The terms used in this Ordinance shall defined be follows:
1. The term "social welfare facilities" means facilities related to the welfare of senior citizens, persons with disabilities, women or children, social welfare centers and shelters for vagrants and homeless people established by the Seoul Metropolitan Government (hereinafter referred to as the "City") for the purpose of providing social welfare services defined in subparagraph 1 of Article 2 of the Social Welfare Services Act;
2. The term "persons who require social welfare" means persons who receive protection, etc. in accordance with Acts referred to in any item of subparagraph 1 of Article 2 of the Social Welfare Services Act.
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]



Article 3 (Establishment, etc.)
Names, locations and principal functions of social welfare facilities established and operated in accordance with this Ordinance shall be as detailed in the attached Table.

Article 3 (Establishment, etc.) Names, locations and principal functions of social welfare facilities established and operated under this Ordinance shall be as specified in the Annex.
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]



Article 4 (Scope of Application)
Except as expressly provided for in other Acts and subordinate statutes and ordinances, this Ordinance shall apply to the establishment and operation of social welfare facilities.

Article 4 (Scope of Application) Except as otherwise expressly provided in other Acts, subordinate statutes or ordinances, this Ordinance shall apply to the establishment and operation of social welfare facilities.
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]



Article 5 (Qualifications for Users)
(1) A person who is entitled to use social welfare facilities shall be registered with the City as a resident as of the date he/she uses the social welfare facilities and actually require social welfare, and shelters for vagrants and homeless people shall be used by vagrants and homeless people in the administrative districts of the City: Provided, That this shall not apply to sales facilities of products made by disabled persons. <Amended on Mar. 8, 2007>

(2) For social welfare facilities established in an area other than the administrative districts of the Seoul Metropolitan City, the Seoul Metropolitan City Mayor (hereinafter referred to as the "Mayor") may permit residents of such area to use the facilities in consultation with the head of a local government having jurisdiction over the relevant area. <Amended on Oct. 1, 2007>

Article 5 (Qualifications for Users) (1) A person eligible to use social welfare facilities shall be a person who is registered with the City as a resident as at the date he/she uses the social welfare facilities and who requires social welfare, and shelters for vagrants and homeless people shall be used by vagrants and homeless people in the administrative districts of the City: Provided, That this shall not apply to sales facilities of products made by persons with disabilities.
(2) For social welfare facilities established in an area other than the administrative districts of the City, the Seoul Metropolitan Government Mayor (hereinafter referred to as the "Mayor") may permit residents of such area to use such facilities in consultation with the head of a local government having jurisdiction over the relevant area.
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]



Article 6 (Entrustment of Management and Operation)
(1) The Mayor may entrust a social welfare corporation or non-profit corporation with the management and operation of social welfare facilities for the efficient operation of social welfare facilities.

(2) Where the Mayor entrusts the management and operation of social welfare facilities under paragraph (1), he/she shall publicly announce the following matters by using media of public relations, such as a metropolitan gazette, daily newspaper, etc.: <Amended on Mar. 8, 2007>

1. The location and name of social welfare facilities which he/she entrusts;

2. The name and representative of the person who is entrusted with the management and operation of social welfare facilities;

3. The period of entrustment;

4. Affairs subject to entrustment and the main contents thereof.

(3) Articles 7 through 19 of Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector shall apply mutatis mutandis to necessary matters, such as necessary procedure, method, etc., for entrustment of the management and operation of social welfare facilities under paragraph (1). <Amended on May 4, 2006; May 29, 2008>

Article 6 (Entrustment of Management and Operation) (1) The Mayor may entrust a social welfare corporation or non-profit corporation with the management and operation of social welfare facilities for the efficient operation of such social welfare facilities.
(2) Where the Mayor entrusts the management and operation of social welfare facilities under paragraph (1), he/she shall publicly announce the following matters by using the media of public relations, such as the Official Gazette of the City and daily newspapers:
1. The location and name of social welfare facilities which he/she entrusts;
2. The name and representative of a person entrusted with the management and operation of social welfare facilities;
3. The period of entrustment;
4. Affairs to be entrusted and the major details thereof.
(3) Articles 7 through 19 of Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector shall apply mutatis mutandis to necessary matters, such as procedures and methods necessary for entrustment of the management and operation of social welfare facilities under paragraph (1): Provided, That the period of entrustment of social welfare facilities shall not exceed five years, notwithstanding Article 11 (2) of the same Ordinance. <Amended by Ordinance No. 5314, Jul. 30, 2012]
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]



Article 7 (Selection of Trustee)
The Mayor may determine separate standards for selection of a trustee, in addition to the matters prescribed by Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector under Article 6 (3), in consideration of efficiency in the management and operation of social welfare facilities and characteristics of social welfare facilities. <Amended on May 4, 2006>

Article 7 (Selection of Trustee) Except as otherwise expressly prescribed by Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector under Article 6 (3), the Mayor may determine separate standards for selection of trustees in consideration of efficiency in the management and operation of social welfare facilities and characteristics of social welfare facilities.
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]



Article 8 (Management, etc. of Facilities)
Where the period of entrustment of the management and operation of social welfare facilities expires or the Mayor cancels entrustment relation, he/she shall take necessary measures for reinstatement thereof, etc. for the management of the relevant social welfare facilities.

Article 8 (Management, etc. of Facilities) Where the period of entrustment of the management and operation of social welfare facilities expires or the Mayor revokes an entrustment relationship, he/she shall take necessary measures for reinstatement thereof, etc. for the management of the relevant social welfare facilities.
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]



Article 9 (Enforcement Rules)
Necessary matters concerning the enforcement of this Ordinance shall be prescribed by the Rules.

Article 9 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by the relevant Enforcement Rule.
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]



ADDENDUM <Ordinance No. 5534, Aug. 1, 2013>
This Ordinance shall enter into force on the date of its promulgation.