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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON ESTABLISHMENT AND OPERATION OF SOCIAL WELFARE FACILITIES
Amendment of Other Laws No. 6386, Jan. 05, 2017 Partial Amendment No. 6862, May. 03, 2018

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 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. <Amended by Ordinance No. 6386, Jan. 5, 2017>
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]

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 2 (Definitions) The terms used in this Ordinance shall defined be follows: <Amended by Ordinance No. 6862. May 3, 2018>
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 "Seoul Government") to provide 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;
3. The term "re-entrustment" means selecting a new entrusted agency and entrusting it with social welfare facilities, the operation of which has been entrusted to the private sector, due to the expiration of the period of entrustment agreed upon with the existing entrusted agency or due to any other ground;
4. The term "contract renewal" means renewing a contract with the existing entrusted agency for social welfare facilities, the operation of which has been entrusted to the private sector, after the expiration of the period of entrustment.
[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 under this Ordinance shall be as specified in the Annex.
[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 under this Ordinance shall be as specified in the attache Table.
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]

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 4 (Scope of Application) Except as otherwise provided in other 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 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 5 (Qualifications for Users) (1) A person eligible to use social welfare facilities shall be a person who is registered with the Seoul Government 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 Seoul Government: 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 Seoul Government, 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 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 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 Seoul Government 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) When the operation of social welfare facilities is entrusted under paragraph (1), a trustee shall be selected through open recruitment; and the period of entrustment shall be set at five years by applying mutatis mutandis Article 21-2 (2) of the Enforcement Rule of the Social Welfare Services Act: Provided, That where deemed necessary by the Mayor, the relevant contract may be renewed only once. <Amended by Ordinance No. 6862, May 3, 2018>
(4) To entrust the management and operation of social welfare facilities under paragraph (1) for the first time, the Mayor shall bring the case to the Committee for the Operation and Evaluation of the Entrustment to the Private Sector for deliberation pursuant to Article 5 of the Seoul Metropolitan Government Ordinance on Entrustment of the Administrative Work to the Private Sector; and shall obtain consent from the Seoul Metropolitan Council (hereinafter referred to as the "Council") pursuant to Article 4-3 of the same Ordinance: Provided, That in cases of re-entrustment or contract renewal, consent from the Council shall be replaced with submission of a report thereon to the competent Standing Committee. <Newly Inserted by Ordinance No. 6862, May 3, 2018>
(5) Articles 7, 10, 11, 12 (1), 13, 14, 15 (1) through (6), 15 (9), 17, and 19 of the Seoul Metropolitan Government Ordinance on Entrustment of the Administrative Work to the Private Sector shall apply mutatis mutandis to necessary matters, such as procedures and methods for entrusting the management and operation of social welfare facilities pursuant to paragraph (1). <Newly Inserted by Ordinance No. 6862, May 3, 2018>
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]

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 7 (Selection of Trustee) (1) To select a trustee, the Mayor shall establish a Committee for Deliberation on Selection of Trustees of the Seoul Metropolitan Government (hereinafter referred to as the "Selection Committee") pursuant to Article 21 of the Enforcement Rule of the Social Welfare Services Act. <Amended by Ordinance No. 6862, May 3, 2018>
(2) Where the Mayor selects a trustee (including re-entrustment and contract renewal), he/she shall bring the case to the Selection Committee established under paragraph (1) for deliberation. <Newly Inserted by Ordinance No. 6862, May 3, 2018>
(3) The Selection Committee shall be comprised of not more than nine members, including one chairperson; members of the Committee shall be appointed or commissioned by the Mayor from among the following persons; and the chairperson shall be designated by the Mayor from among the members of the Committee: <Newly Inserted by Ordinance No. 6862, May 3, 2018>
1. A public official in charge of social welfare service;
2. A person with extensive knowledge and experience in social welfare;
3. A person recommended by an organization for the public interests;
4. Any other persons whose participation in the Selection Committee is deemed necessary by the Mayor, such as legal experts: Provided, That any person deemed to have an obvious interest in relation to an applicant for entrustment shall be excluded.
(4) A majority of the members of the Selection Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present. <Newly Inserted by Ordinance No. 6862, May 3, 2018>
(5) Members of the Selection Committee shall serve during the period for organizing and operating the Committee under paragraph (1); and the Committee shall be automatically dissolved with the conclusion of a meeting thereof. <Newly Inserted by Ordinance No. 6862, May 3, 2018>
(6) Allowances may be paid to members who attend a meeting of the Committee within the budget: Provided That, this shall not apply where a public official attends the meeting in direct relationship with his/her duties. <Newly Inserted by Ordinance No. 6862, May 3, 2018>
[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 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 8 (Guidance, Supervision, etc.) (1) The Mayor shall guide and supervise an entrusted agency regarding the overall operation of relevant facilities at least annually, may require the agency to report or to submit documents on its business or may have its business undergo an inspection, if necessary; and the entrusted agency shall cooperate in such guidance and supervision. <Amended by Ordinance No. 6862, May 3, 2018>
(2) Where any entrusted business is recognized as having been handled unlawfully or unfairly through an inspection conducted under paragraph (1), the Mayor shall take necessary measures, such as requiring the entrusted agency to rectify such practice. <Newly Inserted by Ordinance No. 6862, May 3, 2018>
(3) Where the Mayor takes necessary measures, such as requiring rectification, pursuant to paragraph (2), he/she shall notify the relevant entrusted agency of such request in writing, and give the agency an opportunity to state its opinion in advance. <Newly Inserted by Ordinance No. 6862, May 3, 2018>
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]

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]



Article 9 (Management of Facilities, etc.) Where the period for entrusting the management and operation of social welfare facilities expires; where a cause arises which is specified in any subparagraph of Article 19 (1) of the Seoul Metropolitan Government Ordinance on Entrustment of the Administrative Work to the Private Sector; or where the entrustment is revoked upon request by a corporation entrusted with the operation of social welfare facilities, the Mayor shall take measures necessary for reinstatement thereof, etc. to manage the social welfare facilities.
[This Article Newly Inserted by Ordinance No. 6862, May 3, 2018]

Article 10 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule.
[This Article Wholly Amended by Ordinance No. 5138, Jul. 28, 2011]

ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
(1) Social welfare facilities established and being operated in accordance with Seoul Metropolitan Government Ordinance on Establishment of Public Facilities or being operated under entrustment to a private sector in accordance with the Seoul Metropolitan Government Ordinance on the Administrative Work to the Private Sector shall be deemed social welfare facilities established and being operated in accordance with this Ordinance, or being operated under entrustment to a private sector.
Article 3 Omitted
ADDENDUM <Ordinance No. 3860, May 17, 2001>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 3866, Jun. 15, 2001>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Ordinance No. 3884, Jul. 16, 2001>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted
ADDENDUM <Ordinance No. 4106, Jun. 16, 2003>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 4284, Jun. 16, 2005>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Ordinance No. 4388, May 4, 2006>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4478, Mar. 8, 2007>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4562, Oct. 1, 2007>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4634, May 29, 2008>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 4818, Jul. 30, 2009>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on January 1, 2010.
Article 2 Omitted
ADDENDUM <Ordinance No. 4911, Jan. 7, 2010>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5138, Jul. 28, 2011>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 5272, Mar. 15, 2012>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 5314, Jul. 30, 2012>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5534, Aug. 1, 2013>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6316, Sep. 29, 2016>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6386, Jan. 5, 2017>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6862, May 3, 2018>
This Ordinance shall enter into force on the date of its promulgation.