SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON PUBLIC PROPERTY AND COMMODITY MANAGEMENT
- Enactment No. 3499, Jul. 19, 2006
- Enactment No. 3535, Mar. 15, 2007
- Amendment of Other Laws No. 3584, Nov. 01, 2007
- Partial Amendment No. 3695, Oct. 08, 2009
- Amendment of Other Laws No. 3711, Dec. 10, 2009
- Partial Amendment No. 4024, Apr. 16, 2015
- Amendment of Other Laws No. 4048, Aug. 27, 2015
- Partial Amendment No. 4052, Oct. 22, 2015
- Partial Amendment No. 4134, Jan. 19, 2017
- Partial Amendment No. 4282, May. 30, 2019
- Amendment of Other Laws No. 4303, Oct. 10, 2019
Amendment of Other Laws No. 3711, Dec. 10, 2009 | Partial Amendment No. 4024, Apr. 16, 2015 |
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Article 1 (Purpose)
The purpose of this Rule is to provide for matters necessary for the implementation of the Seoul Metropolitan Government Ordinance on Public Property and Commodity Management. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 2 (Designation of Coordinator and Managers for Property and Commodity Management)
(1) The Coordinator of Property and Commodity Management under Article 2 of the Seoul Metropolitan Government Ordinance on Public Property and Commodity Management (hereinafter referred to as the "Coordinator") shall coordinate administrative affairs related to the management of public property and commodities of the Seoul Metropolitan Government, and the Deputy Coordinator shall assist the Coordinator. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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CHAPTER Ⅱ COMMON PROVISIONS CONCERNING PUBLIC PROPERTY
Article 3 (Coordinator's Authority and Overall Control over Property)
(1) The Coordinator shall classify types of property according to the nature of property and shall designate property managers.
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Article 4 (Property Managers' Responsibilities for Management)
(1) A property manager of the Seoul Metropolitan Government-owned property shall be responsible for the maintenance, preservation, and handling of such property.
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Article 5 (Allocation of Duties of Management)
When a property manager allocates his/her duty to manage the Seoul Metropolitan Government-owned property pursuant to Article 4 (2), he/she shall submit a document describing the following matters to the Coordinator: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 6 (Functions of Public Property Deliberation Council)
(1) The Public Property Deliberation Council of the Seoul Metropolitan Government (hereinafter referred to as the "Deliberation Council") shall deliberate on the following matters: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 7 (Operation of Public Property Deliberation Council)
(1) The chairperson of the Deliberation Council shall convene meetings of the Deliberation Council and shall preside over its meetings. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 8 (Boundary Lines)
Indestructible boundary signs shall be installed at places necessary for indicating boundary lines of the land owned by the Seoul Metropolitan Government.
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Article 9 (Appointment of Custodians)
When it is intended to appoint or replace a custodian pursuant to Article 4 (6), a document describing the following matters shall be submitted to the Mayor: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 10 (Transfer of Property between Accounts)
When a property manager intends to transfer any property under the jurisdiction of another property manager between accounts, the property managers shall consult mutually thereon to transfer such property pursuant to Article 12 of the Act and shall report the results thereof to the Coordinator. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 11 (Application for Approval for Reclassification and Replacement of Property Managers)
When a property manager intends to reclassify property or replace the property manager of any property under his/her jurisdiction, he/she shall consult in advance with the head of the division to which the property is to be transferred and shall file an application with the Coordinator, along with the following documents: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 12 (Fire Report)
(1) When any property of the Seoul Metropolitan Government is damaged by a fire or any other accident, the property manager shall report it to the Mayor with the following documents: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 13 (Acceptance of Donated Property)
(1) If a person intends to donate property with intent to have the property included in the Seoul Metropolitan Government-owned property pursuant to Article 5 (2) of the Decree, the competent property manager shall file an application with the Mayor, along with the following documents: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 14 (Application for Sale)
A property manager shall, if it is necessary to sell a city asset, file an application with Mayor, along with the following documents: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 15 (Disuse of Administrative Property)
(1) When a property manager decides to discontinue the specific use of any administrative property that belongs to the property of a general account, he/she shall convey the property to the Coordinator, along with the following documents: Provided, That property the Coordinator's management of which is difficult, such as real estate with a building or other facility thereon, a ship, and aircraft, shall remain under the management of the property manager until the property manager of the property is replaced or the property is disposed of: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 16 (Exchanges)
When it is necessary to exchange any property owned by the Seoul Metropolitan Government, the competent property manager shall file an application with the Mayor, along with the following documents: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 17 (Deadline for Payment of Difference in Exchange)
If a difference in prices arises between the Seoul Metropolitan Government's properties subject to exchange, the difference shall be paid before the relevant properties are delivered. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 18 (Price Assessment)
(1) Where any property owned by the Seoul Metropolitan Government is sold, exchanged, or lent (excluding land), a price assessment report shall be prepared in Form 4 as a material for the determination of the estimated price. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 19 (Handover)
If there is a change in the Mayor, the Coordinator, or property managers, public property shall be handed over by the following documents: Provided, That the property list referred to in subparagraph 2 may be omitted when the Mayor is changed: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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CHAPTER Ⅲ ACQUISITION AND DISPOSAL OF PUBLIC PROPERTY
Article 20 (Registration Process, etc.)
(1) Upon acquisition of any property owned by the Seoul Metropolitan Government, the head of the division or affiliate office in charge of the acquisition (hereinafter referred to as the "acquisition division") shall register or record such and undergo other procedures necessary for securing rights thereto, as provided for in Acts and subordinate statutes. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 21 (Application for Purchase)
(1) Where the head of a division of the Seoul Metropolitan Government or any of its affiliate offices needs to purchase any property as property belonging to the Seoul Metropolitan Government, he/she shall submit the following documents to the Mayor: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 22 (Application for Construction, etc.)
(1) If it is necessary to construct, extend, remodel, relocate, demolish, transfer, or reshape any property owned by the Seoul Metropolitan Government, a property manager shall file an application with the Mayor, along with the following documents: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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CHAPTER Ⅳ PUBLIC PROPERTY REGISTER AND DRAWINGS
Article 23 (Keeping of Registers and Drawings)
(1) The Coordinator and each property manager shall keep a public property management register and drawings for the property under his/her jurisdiction, along with relevant documents evidencing rights thereto, and shall keep and maintain records of the management and conveyance of property. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 24 (Recording in Register and Notification)
(1) Whenever there is an increase, decrease, or any other change in any property owned by the Seoul Metropolitan Government other than the property under his/her jurisdiction, a property manager shall notify the competent property manager of such event immediately when such event occurs. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 25 (Reporting on Changes)
(1) If any property of the Seoul Metropolitan Government is acquired or disposed of or there is any change thereto, the competent property manager shall record it in the relevant register, report such change to the Coordinator not later than the tenth day of the following month, along with evidential documents related thereto, and shall enter the details of such change in the public property management system. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 26 (Leased Property)
When private property, etc. is leased, the head of the division that uses the leased property shall prepare and keep the leased property register in Form 7 and shall report it to the Coordinator. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 27 (Permission for Use of Administrative Property)
A written permission for the use of administrative property under Article 18 of the Ordinance shall be granted in Form 8 or 9. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 28 (Lease Agreement)
A written lease agreement under Article 35 of the Ordinance shall be made in Form 10. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 29 (Plan for Management of Public Property)
A plan for the management of public property under Article 13 of the Ordinance shall be prepared in Form 11. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 30 (Agreements, etc.)
Agreements on trust, exchange, sale and purchase, and transfer of property and applications for purchase thereof shall be made in the following forms:
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Article 31 (Lease and Permission for Use)
When a property manager intends to lease or permit the use of any property under his/her jurisdiction, he/she shall process the application filed by the applicant in Form 17, along with the following documents, and shall report the results thereof to the Mayor without delay. The same shall also apply to consecutive lease or permission for use: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 32 (Recording of Lease and Permission for Use)
When a property manager leases or permits the use of any property, he/she shall record it in the "Current Status of Lease and Use" in Form 5 (Public Property Management Register). <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 33 (Price Assessment Report)
A report on price appraisal of rough stone under Article 28 (3) of the Ordinance shall be prepared in Form 18. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 34 (Prior Notice, etc. of Indemnities)
Prior notices, written opinions, and applications for payment in installments regarding indemnities under Articles 89 and 90 of the Ordinance shall be made in the following forms: <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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CHAPTER Ⅴ MANAGEMENT OF OFFICE BUILDINGS AND OFFICIAL RESIDENCES
Article 35 (Management of Office Buildings)
The plan for the construction of a new office building under Article 43 of the Ordinance shall be formulated in Form 20. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 36 (Management of Official Residences)
(1) No person, other than eligible public officials under Article 49 of the Ordinance, shall use an official residence: Provided, That if an eligible public official does not use his/her official residence for a long time, he/she may permit a houseless public official under his/her supervision to use it. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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CHAPTER Ⅵ MANAGEMENT OF COMMODITIES
Article 37 (Request for Purchase, etc. of Commodities)
A request for the purchase (repair or production) of commodities under Article 63 or 65 of the Ordinance shall be prepared in Form 25. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 38 (Determination of Full Number of Commodities)
(1) The full number of commodities whose number is subject to control under Article 58 of the Decree and the criteria for requirements therefor shall be determined by the Director of each division in the Seoul Metropolitan Government and the head of each affiliated administrative agency, respectively, and shall be approved by the Mayor in Form 26. The same shall also apply to any adjustment of the full number of commodities. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 39 (Acquisition of Contributions)
The acquisition of contributions under Article 66 shall be made in Form 27. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 40 (Notice of Decision on Disuse)
A disuse decision notification under Article 71 of the Ordinance shall be issued using Form 28. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 41 (Report on Destruction of Disused Commodities)
A report on the destruction (dismantlement) of commodities under Article 73 of the Ordinance shall be made in Form 29. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 42 (Commodity Receipt and Delivery Order)
(1) When a commodity manager intends to have any commodity delivered or received, he/she shall order a commodity receipt and delivery officer to deliver or receive it, clearly stating the category of the commodity to be delivered or received. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 43 (Requirements for Order for Delivery or Receipt)
When a commodity manager intends to issue an order for delivery or receipt, he/she shall examine the name, quantity, supplier and recipient of the commodity and whether the timing or reasons for the delivery or receipt is proper.
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Article 44 (Request for Commodities)
When an assistant commodity receipt and delivery officer intends to have any commodity delivered, he/she shall request it to the competent commodity manager via the competent commodity operator by a request and delivery slip. <Amended by Enforcement Rule No. 3535, Mar. 15, 2007>
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Article 45 (Delivery of Commodities)
(1) Upon receipt of a request under Article 44, a commodity manager shall examine such request and then order a commodity receipt and delivery officer to take necessary measures.
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Article 46 (Delivery of Expandable Supplies)
(1) Any expandable supplies, postage stamps, and revenue certificate stamps may be delivered to each assistant commodity receipt and delivery officer in advance to meet expected demands for such consumables. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 47 (Return of Commodities)
(1) An assistant commodity receipt and delivery officer shall immediately return any disused commodities under Article 71 (1) of the Ordinance and commodities produced or left over after the completion of a construction (including repair) project to the competent commodity manager via the competent commodity operator, along with the return and acceptance slip in Form 33. <Amended by Enforcement Rule No. 3535, Mar. 15, 2007; Rule No. 3695, Oct. 8, 2009>
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Article 48 (Transfer of Custody and Free Transfer)
(1) When a commodity manager intends to transfer the custody of any commodity or transfer any commodity without consideration to another commodity manager, he/she shall reach an agreement with the other commodity manager in advance by an agreement on the transfer of custody of commodity or an agreement on the free transfer of commodity in Form 34: Provided, That it shall be deemed that an agreement is made if there is a demand as a result of an inquiry into demand under Article 71 of the Ordinance. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 49 (Commodities Not Requiring Entries)
The following commodities shall be under the custody of an assistant commodity receipt and delivery officer and do not require entries in account books for the delivery and receipts of commodities: <Amended by Enforcement Rule No. 3535, Mar. 15, 2007; Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 50 (Decision on Disuse)
(1) The Mayor shall delegate his/her authority to make a decision on the disuse of commodities managed by the head of an affiliated administrative agency to the head of such affiliated agency.
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Article 51 (Forms of Books of Commodity Receipt and Delivery Officers)
The forms of books under Article 79 of the Ordinance are as follows: <Amended by Enforcement Rule No. 3535, Mar. 15, 2007; Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 52 (Report on Inspection of Commodities, etc.)
A report on inspection of commodities under Article 82 of the Ordinance shall be made in Form 39, while a commodity inspection certificate under Article 84 of the Ordinance shall be made in Form 40. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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Article 53 (Inventory-Taking of Commodities, etc.)
A report on transfer of duties by a commodity receipt and delivery officer under Article 88 of the Ordinance shall be made in Form 41. <Amended by Enforcement Rule No. 3695, Oct. 8, 2009>
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CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS
Article 54 (Provisions Applicable Mutatis Mutandis)
Except as provided for in this Rule, responses to inquiries, guidelines, manuals, etc. regarding State-owned property may be applied mutatis mutandis to the handling of the Seoul Metropolitan Government-owned property.
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