Amendment of Other Laws No. 7217, Jul. 18, 2019
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Whole Amendment No. 7283, Sep. 26, 2019
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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters necessary for the establishment and operation of the Citizen Audit-Ombudsman Committee of the Seoul Metropolitan Government in order to monitor city administration and process grievance petitions pursuant to Article 5 of the Act on Public Sector Audits and Article 32 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission; and to process matters delegated to Municipal Ordinance with respect to residents' requests for audits and inspections pursuant to Article 16 of the Local Autonomy Act and Article 26 of the Enforcement Decree of the same Act and matters necessary for the enforcement thereof.
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CHAPTER 1. GENERAL PROVISIONS
Article 1 (Purpose) The purpose of this Ordinance is to define matters required to establish and operate the Citizen Audit Ombudsman Committee of the Seoul Metropolitan Government to monitor the city administration and investigate grievance petitions under Article 5 of the Act on Public Sector Audits and Article 32 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission and matters delegated to the Ordinance with regard to Resident Audit Petitions and matters required for its enforcement under Article 16 of the Local Autonomy Act and Article 26 of the Enforcement Decree thereof.
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Article 2 (Definitions)
The terms used in this Ordinance are defined as follows:
1. The term "petitioner" means an individual, corporation, or organization that requests the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") to take a specific action such as disposition;
2. The term "civil petition" means a matter for or against which a petitioner requests the Seoul Government to take a specific action such as disposition (hereinafter referred to as "matter subject to civil petition");
3. The term "grievance petition" means a civil petition regarding a cause or event that violates a citizen's right or brings about inconvenience to, or a burden upon, a citizen, by an unlawful, unreasonable, or negative action (including a de facto action and an inaction; the same shall apply hereinafter) taken by the Seoul Government or an autonomous Gu of the Seoul Government (hereinafter referred to as "autonomous Gu") or by an unreasonable administrative system;
4. The term "civic group" means an organization registered with an administrative agency in accordance with the Assistance for Non-Profit, Non-Governmental Organizations Act;
5. The term "public project" means any construction work, any service, or any purchase of goods under the subparagraphs of Article 17;
6. The term "integrity pact" means an agreement made and performed by and between a government agency offering a contract for a public project and a company bidding for, concluding or executing the contract, subject to a special condition that, if a bribe is offered or accepted between the parties, the qualification for participating in a tender be restricted, the contract be terminated, or other penalties be imposed.
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Article 2 (Definitions) 1. "Grievance petition" means civil petition for grievance under Article 2.1.b of the Civil Petitions Treatment Act;
2. "Civil society organization" means any organization registered with the central administrative agency or local government under Article 4.1 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
3. "Public project" means construction, service, and purchase performed by the agency under any of the subparagraphs in Article 8; and
4. "Integrity contract compliance" means complying with an integrity pledge under Article 6-2 of the Act on Contracts to which a Local Government is a Party.
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CHAPTER II FORMATION AND OPERATION OF CITIZEN AUDIT-OMBUDSMAN COMMITTEE
Article 3 (Establishment and Formation of Citizen Audit-Ombudsman Committee)
(1) In order to monitor city administration and directly conduct investigations or audits and inspections initiated by citizens' grievance petitions, the Citizen Audit-Ombudsman Committee (hereinafter referred to as the "Committee") shall be established in the form of a collegiate administrative agency under the direction of the Mayor of the Seoul Government (hereinafter referred to as the "Mayor").
(2) The Committee shall be comprised of at least three but not more than seven citizen audit-ombudspersons.
(3) The position of chairperson of the Committee (hereinafter referred to as the "Chairperson") shall be open to the public, and members of the Committee (hereinafter referred to as "Committee member") shall be appointed by the Mayor as part-time public officials for a fixed term.
(4) The term of office of each Committee member, including the Chairperson, shall be three years and may not be renewed consecutively.
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CHAPTER 2. ORGANIZATION AND OPERATION OF THE CITIZEN AUDIT OMBUDSMAN COMMITTEE
Article 3 (Establishment and Function of the Citizen Audit Ombudsman Committee) ① The Citizen Audit Ombudsman Committee of the Seoul Metropolitan Government (hereinafter referred to as the "Committee"), a collegial administrative agency, shall be established under the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") to monitor the city administration, investigate grievance petitions, and conduct audits requested by Resident Audit Petitions.
② The Committee shall resolve any of the following matters:
1. Planning and outcome of audit, investigation, and public project monitoring and evaluation;
2. Requests for discipline, disciplinary penalties, censure, and reimbursement orders;
3. Requests, recommendations, and opinions for improving the city administration and systems;
4. Active administration indemnity and re-review;
5. Requests for the organization and personnel quota of the secretariat of the Committee;
6. Budget requests and account closing for the Committee;
7. Establishment, amendment, and abolishment of the operational rules of the Committee;
8. Matters related to the recusal and abstinence of Committee Members;
9. Whether to conduct an audit requested by a Citizen Audit Petition; and
10. Other matters deemed necessary to resolve in a meeting by the Chair.
③ Despite the foregoing ②, minor matters from Articles 3.②.1 to 3.②.4 defined in the operational rules of the Committee may be resolved by the Chair or Members ex officio.
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Article 4 (Duties, Authority, etc. of Committee Members)
(1) Committee members shall monitor city administration from the standpoint of citizens and protect rights and interests of citizens from illegal or unreasonable administrative dispositions.
(2) Each Committee member shall have the status of an independent investigator in conducting activities for audits, inspections, and investigations under this Ordinance.
(3) Each Committee member shall have the following duties and authority:
1. To investigate and process grievance petitions and mediate or arbitrate in such petitions;
2. To monitor and evaluate public projects;
3. To conduct ex officio audits and inspections;
4. To investigate and process the subjects of an audit and inspection requested by citizens or residents;
5. To conduct an audit and inspection, or investigation requested by the Seoul Metropolitan Council (hereinafter referred to as the "Seoul Council").
(4) Notwithstanding paragraph (1), none of the following matters shall be within the scope of duties and authority of Committee members:
1. Matters concerning the Seoul Council;
2. Matters pending in an administrative appeal, litigation, or other remedial proceedings under any other statutes;
3. Matters under an audit and inspection by the Board of Audit and Inspection, the audit and inspection division of the Seoul Government, or any other administrative agency;
4. Matters under investigation by the public prosecution, the police, or any other investigative agency;
5. Matters pending in a proceeding conducted for the purpose of mediating interests of parties to a dispute under any statute or regulation, such as compromise, intercession, mediation, or arbitration proceedings;
6. Matters concerning which the Deliberation Committee on Requests for Audits and Inspections of the Seoul Government holds it inappropriate for Committee members to conduct an audit and inspection.
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Article 4 (Organization of the Citizen Audit Ombudsman Committee) ① The Citizen Audit Ombudsman Committee shall consist of three to seven members (hereinafter referred to as the "Committee Chair and Members").
② The one who is recognized as having professionalism for the business of the Committee among those who meet qualification requirements under the Decree of the Appointment of Local Public Officials and other applicable laws shall be appointed as the Committee Chair (hereinafter referred to as the "Chair") as an open position, and those who meet any of the following requirements shall be appointed as Committee Members (hereinafter referred to as "Members") as a part-time public official with a fixed term:
1. Those who served as a public official of at least Grade 4 at the local government or central administrative agency and as a public official of at least Grade 5 in audit for no less than 4 years;
2. Those who are licensed as a lawyer, judicial scrivener, accountant, or tax accountant with experience of no less than 4 years in their respective field;
3. Those who served as an associate professor or higher-level position in relevant fields such as accounting, law, and public administration;
4. Those who served as an associate professor or higher-level position in relevant fields such as civil engineering and architecture;
5. Those who are certified as an engineer (including architect) with experience of no less than 4 years in their respective field; and
6. Those who worked as the head of a civil society organization or department with full-time experience of no less than 4 years;
③ The term of Members including the Chair shall be three (3) years, and they shall not be re-appointed for an additional term.
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Article 5 (Scope of Institutions within Jurisdiction of Committee Members)
The institutions over which Committee members may perform their duties and exercise their authority under Article 4, shall be as follows: Provided, That any audit and inspection on the subjects of an audit and inspection requested by residents shall be conducted in accordance with the Local Autonomy Act (hereinafter referred to as the "Act") and the Enforcement Decree of the same Act (hereinafter referred to as the "Enforcement Decree"): <Amended by Ordinance No. 7156, May 16, 2019>
1. The head office and affiliated agencies of the Seoul Government;
2. Autonomous Gus (limited to affairs delegated by the Seoul Government);
3. Local public enterprises established by the Seoul Government pursuant to the Local Public Enterprises Act or institutions established with funds invested or contributed by the Seoul Government pursuant to the Act on the Operation of Local Government-Invested or -Funded Institutions;
4. Institutions with whom affairs are entrusted by the Seoul Government and institutions (public or private) subsidized by the Seoul Government.
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Article 5 (Disqualification of Citizen Audit Ombudsmen) 1. Those subject to any of the subparagraphs of Article 31 of the Local Public Officials Act and any of the subparagraphs of Article 15.1 of the Act on Public Sector Audits; and
2. Public officials of an agency subject to audit and investigation under Article 8, who retired less than 2 years ago.
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Article 6 (Chairperson)
(1) The Chairperson shall administer all affairs of the Committee, and lead and supervise employees of the Committee.
(2) If the Chairperson is unable to perform his or her duties due to unavoidable circumstances, the most senior Committee member as determined by length of service in the Committee shall act on behalf of the Chairperson; and if there are at least two Committee members whose length of service is the same, the most senior Committee member in age shall act on behalf of the Chairperson: Provided, That, if a person is designated by the Chairperson in advance as an acting Chairperson, the designated Committee member shall act on behalf of the Chairperson.
(3) "Unavoidable circumstance" means either of the following cases:
1. Where the office of chairperson becomes vacant;
2. Where the Chairperson is hospitalized continuously for at least 60 days in a medical institution under the Medical Service Act.
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Article 6 (Guaranteed Status of Citizen Audit Ombudsmen)
The Mayor shall not terminate the appointment of a Citizen Audit Ombudsman or transfer the Ombudsman to another position against his or her will unless the Ombudsman is applicable to any of the subparagraphs of Article 10 of the Act on Public Sector Audits.
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Article 7 (Qualification for Committee Members)
Committee members shall be invited openly from among persons who meet any of the following criteria:
1. A person who has served as at least a Grade IV public official in a local government or a central administrative agency or as at least a Grade V public official in audit and inspection services for at least three years;
2. A licensed attorney-at-law, a certified public accountant, or a certified tax accountant, who has worked in the relevant field for at least five years;
3. A person who has served as at least an associate professor in a related field, such as accounting, law, and public administration;
4. A person who has served as at least an associate professor in a related field, such as civil engineering and architectural engineering;
5. A licensed professional engineer (including certified architects) who has worked in the relevant field for at least five years;
6. A person of good reputation in the society with abundant knowledge and experience in legislature and public administration, who has worked for civic groups for at least three years or who is recommended by civic groups.
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Article 7 (Roles and Responsibilities of Members) ① Members shall monitor the city administration from the perspective of citizens and protect their interests from any unlawful and unfair administrative action.
② Members shall independently perform audit, investigation, and monitoring activities for any of the following subparagraphs:
1. Any audit requested by a Citizen Audit Petition under Article 12;
2. Any audit requested by a Resident Audit Petition under Article 15;
3. Investigation, mediation, and arbitration of a grievance petition under Article 19;
4. Monitoring and evaluation for a public project under Article 21;
5. Any ex officio audit under Article 24;
6. Any audit or investigation requested by the Seoul Metropolitan Government Council (hereinafter referred to as the "Seoul Council"); and
7. Any audit or investigation requested by outside agencies including the Board of Audit and Inspection and the Audit Committee of the Seoul Metropolitan Government (hereinafter referred to as the "Audit Committee").
③ Despite the foregoing ②, any of the following subparagraphs shall be excluded from Members' scope of audit, investigation, and monitoring activities:
1. Matters related to the Seoul Council;
2. Matters for which remedy proceedings such as administrative trial and lawsuit are ongoing or confirmed under other applicable laws;
3. Matters for which an audit is ongoing or confirmed by the Board of Audit and Inspection, the Audit Committee, or other administrative agencies; provided, however, that this shall not apply in the event that there is any new matter or any material matter omitted in the audit even though it is audited by other agencies;
4. Matters for which an investigation or probe is ongoing by the Prosecutors' Office, the police, or other investigative authorities;
5. Matters for which any proceedings to mediate the interests of parties such as conciliation, resolution, mediation, or arbitration are ongoing, ruled, or confirmed under applicable laws; and
6. Matters that are deemed not appropriate for Members to audit by the Audit Petition Review Committee of the Seoul Metropolitan Government under Article 16.
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Article 8 (Disqualification for Committee Members)
None of the following persons shall be qualified for a Committee member:
1. A person who falls within any of subparagraphs 1 through 6 of Article 31 of the Local Public Officials Act;
2. A person for whom two years have not passed since he or she resigned or retired as a public official, executive officer, or employee of an institution subject to audit and inspection, or investigation under Article 5;
3. A person for whom three years (five years in cases of expulsion from office or resignation following a reprimand) have not passed since he or she was punished or reprimanded by suspension from office or heavier disciplinary measure (excluding a disciplinary measure or reprimand issued under subparagraph 5);
4. A person for whom two years have not passed since he or she was punished or reprimanded by suspension from office or heavier disciplinary measure (excluding a disciplinary measure or reprimand issued under subparagraph 5);
5. A person punished by a disciplinary measure, reprimand, fine, or heavier penalty for an act specified in any of Articles 129 through 133, 355, and 356 of the Criminal Act.
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Article 8 (Scope of Authority for Members) 1. Seoul City Hall, direct agencies, offices, and collegial administrative agencies of the Seoul Metropolitan Government (hereinafter referred to as the "City");
2. Autonomous gus in the Seoul Metropolitan Government (hereinafter referred to as the "Autonomous Gu"); provided, however, that they are only applicable to Article 166 to Article 171 of the Act;
3. Any public enterprise established by the City under the Local Public Enterprises Act or any research institute invested or funded by the City under the Act on the Operation of Local Government-Invested Research Institute; and
4. Any entity, organization, or individual who has received business or subsidies from the City.
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Article 9 (Guarantee of Status of Committee Members)
(1) Except in any of the following cases, no Committee member's employment contract shall be terminated against his or her will during his or her term of office:
1. Where a Committee member is unable to continue service due to a physical or mental disability;
2. Where a Committee member is punished by a disciplinary measure or is dismissed from office;
3. Where a Committee member takes a leave of absence;
4. Where a Committee member falls within any subparagraph of Article 8.
(2) In cases falling under paragraph (1) 1, such termination shall require a resolution adopted by the concurring vote of at least 2/3 of incumbent Committee members.
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Article 9 (Committee Meeting) ① The Chair shall convene and chair a meeting of the Committee (hereinafter referred to as the "Committee Meeting") when requested by a majority of the registered Members or deemed necessary by the Chair.
② In the event that the Chair is vacant, the Member in the order of most years of service shall assume the Chair's roles described under Article 1 as acting chair. In the event that two or more Members have the same highest number of years of service, the older member shall become acting chair.
③ In the event that the Chair cannot perform his or her roles temporarily due to an accident or other reasons, the Member designated by the Chair shall serve as acting chair for the roles under Article 1; provided, however, the order set forth in the foregoing ② shall be followed if there is no designated Member.
④ Any Committee Meeting shall meet the quorum to conduct its business with the presence of a majority of the registered Members and make a resolution with approval from a majority of the present Members.
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Article 10 (Committee Meetings)
(1) Each Committee meeting (hereinafter referred to as "meeting") shall be formed with all Committee members present and chaired by the Chairperson.
(2) The Chairperson shall call meetings, upon the request of a majority of incumbent Committee members or where the Chairperson deems it necessary.
(3) A majority of incumbent Committee members shall constitute a quorum at a meeting, and any resolution thereof shall require the concurring vote of a majority of those present.
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Article 10 (Dismissal, Recusal, and Abstinence) ① Any Member subject to any of the following subparagraphs shall be dismissed from the concerned activities:
1. The Member is a party to or has any conflict of interest in audit, investigation, or monitoring;
2. Audit, investigation, or monitoring is related to the Member's relatives or those who used to be relatives of the Member under Article 777 of the Civil Act;
3. The Member has been involved in matters subject to audit, investigation, or monitoring for work-related or occupational reasons such as service, advice, and research;
4. The Member becomes a witness or expert witness in any lawsuit related to matters subject to audit, investigation, or monitoring;
5. The Member was involved with matters subject to audit, investigation, or monitoring before he or she was appointed as a Member; and
6. The Member had or has a special relationship with any contractor subject to monitoring and evaluation as a service provider or advisor.
② The head of any agency or department subject to audit, investigation, or monitoring may request the Committee to recuse any Member from whom it is difficult to expect a fair audit or investigation, and the Committee may put to a vote whether to recuse such a Member. In this case, the Member who is requested to recuse himself or herself shall not participate in the vote.
③ In the event that any Member is subject to any dismissal reason set forth in any of the subparagraphs of Article 10.① or any other reason that renders him or her difficult to perform a fair audit, investigation, or monitoring activity, the Member shall abstain himself or herself from the activity with approval from the Chair.
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Article 11 (Matters Subject to Resolution by Committee)
(1) The following matters shall be subject to resolution at a meeting:
1. Plans for audit and inspection, or investigation;
2. Plans for monitoring and evaluating public projects;
3. Requests to take a disciplinary measure or give a reprimand;
4. Requests to issue an order to an accounting-related employee or any other person to make restitution;
5. Requests or recommendation to take corrective measures or make an improvement;
6. Re-deliberation;
7. Requests regarding the organization or prescribed number of the secretariat of the Committee;
8. Requests for budgeting or settlement of accounts of the Committee;
9. Establishment, amendment, or repeal of operating rules of the Committee;
10. Exclusion of, or challenge against, a Committee member;
11. Other matters brought by the Chairperson for deliberation.
(2) Matters specified by operating regulations of the Committee as minor matters, among matters specified in paragraph (1) 5 and 6, shall be handled by the Chairperson.
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Article 11 (Secretariat and Its Staff) ① The Committee shall have a secretariat and its staff (hereinafter referred to as the "Auditor") to support its operation and the work of its Members, and the operational rules of the Committee may define the scope of work between Members and the Auditor.
② The organization and personnel quota of the secretariat shall follow the Seoul Metropolitan Government Ordinance on the Establishment of Administrative Organizations and the Seoul Metropolitan Government Ordinance on the Public Official Quota.
③ The Auditor shall be appointed by the Mayor by hearing opinions from the Chair.
④ The Auditor shall have professionalism and qualities required to perform audit work. The minimum qualification requirements for the Auditor shall be defined by the operational rules of the Committee.
⑤ The Mayor shall prepare means that allow the Auditor to work for the long term.
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Article 12 (Opportunities to Present Opinions)
The Committee may have any public official, executive officer, or employee of a related institution, a requester, or a stakeholder make statements or present materials with regard to the subjects of the requested audit and inspection, or a grievance petition.
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CHAPTER 3. CITIZEN AUDIT PETITION
Article 12 (Citizen Audit Petition) ① In the event that the administration of any agency or its staff in any of the subparagraphs of Article 8 is considered unlawful and unfair, those in any of the following subparagraphs may file an audit petition (hereinafter referred to as the "Citizen Audit Petition") with the Committee.
1. Representative who has gathered joint signatures from at least 50 citizens aged 19 or older; and
2. Representative of a civil society organization with at least 100 permanent members (only limited to matters directly related to the organization's project scope).
② Despite the foregoing ①, anything subject to any of the following subparagraphs shall not be a Citizen Audit Petition:
1. Any matter subject to any of Articles 7.③.1 to 7.③.5; and
2. Any matter related to private rights or privacy.
③ Those who wish to file a Citizen Audit Petition according to the foregoing ① (hereinafter referred to as the "Petitioner") shall fill out and submit the attached form along with other documentation to the Committee. The submission of electronic documents through the information system shall be construed as having submitted the attached form.
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Article 13 (Exclusion, Challenge, and Abstention)
(1) In any of the following cases, a Committee member shall be excluded from the relevant duties:
1. If the Committee member himself or herself is a party to the case subject to audit and inspection, or investigation or has an interest in the case;
2. If a current or former relative of the Committee member under Article 777 of the Civil Act is involved in the case subject to audit and inspection, or investigation;
3. If the Committee member has been involved in the case subject to audit and inspection, or investigation in connection with his or her duty or occupation, such as service, consulting, or research;
4. If the Committee member has served as a witness or appraiser in a litigation or similar proceeding related to the case subject to audit and inspection, or investigation;
5. If the Committee member has been involved in the case subject to audit and inspection, or investigation before he or she is appointed as Committee member;
6. If the Committee member has provided any service to the contractor of the project subject to monitoring and evaluation, served as an advisor for such contractor, or had or has any other special relationship with the contractor.
(2) The head of the division implementing a public project may file a challenge against a Committee member with the Committee, if he or she has any ground to believe that it is unreasonable to expect impartiality from the Committee member in deliberation and resolution; and the Committee shall make a decision thereon by resolution. In such cases, any Committee member subject to such challenge may not participate in the resolution.
(3) If a Committee member falls within any subparagraph of paragraph (1), he or she may abstain from involvement in the case with approval of the Chairperson.
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Article 13 (Audit Decision) The Committee shall convene a meeting when there is a Citizen Audit Petition under Article 12.①, decide whether to conduct an audit upon review or confirmation on any of the following subparagraphs, and notify its outcomes to the Petitioner:
1. Review on the requirements of a Citizen Audit Petition;
2. Confirmation on the validity of signatures in a list of Petitioners in a Citizen Audit Petition (e-signatures from the information system shall be deemed valid); and
3. Review on the eligibility of a Citizen Audit Petition for the Committee's audit.
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Article 14 (Secretariat, Employees, etc.)
(1) The Committee shall have a secretariat and employees for the secretariat (hereinafter referred to as "auditing officers"); and the Seoul Metropolitan Government Ordinance on the Establishment of Administrative Organs and the Seoul Metropolitan Government Ordinance on the Prescribed Number of Local Public Officials shall apply to the organization of the secretariat and the prescribed number of its personnel. <Amended by Ordinance No. 7046, Mar. 28, 2019; Ordinance No. 7156, May 16, 2019>
(2) Auditing officers shall be appointed by the Mayor after hearing the Chairperson's opinion thereon.
(3) Auditing officers shall have expertise in audit and inspection and the qualities necessary for performing their duties. In such cases, the minimum qualifications for auditing officers shall be prescribed by regulations of the Committee.
(4) The appointing authority shall formulate a scheme for continuous, long-term service of auditing officers.
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Article 14 (Notification and Disclosure of Audit Outcomes) ① The Committee shall conclude an audit within sixty (60) days from the audit date under Article 13 unless there is any other special reason and notify the audit's outcomes to the representative for Petitioners and the head of an agency or department subject to the audit within ten (10) days thereafter.
② The Committee shall notify and disclose the outcomes of actions taken by the agency or department as a result of the audit conducted in the foregoing ① to the representative for Petitioners.
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CHAPTER III CITIZENS' REQUESTS FOR AUDITS AND INSPECTIONS
Article 15 (Citizens' Requests for Audits and Inspections)
(1) Either of the following persons may file a request for an audit and inspection (hereinafter referred to as "citizens' request for an audit and inspection") with the Committee concerning affairs performed by an institution specified in the subparagraphs of Article 5 or by any employee of such institution:
1. The representative of at least 50 citizens aged at least 19 years who have jointly signed the request;
2. The representative of a civic group (limited to areas directly related to the civic group's scope of essential business).
(2) Notwithstanding paragraph (1), none of the following matters shall be subject to citizens' request for an audit and inspection:
1. A matter related to the Seoul Council;
2. A matter related to an administrative appeal, trial, or investigation;
3. A matter related to a private right or an individual's privacy;
4. A matter that has been or is being audited and inspected by any other institution: Provided, That even in the case of a matter audited and inspected by other institutions, the foregoing shall not apply where a new fact is found or a material fact was omitted in the previous audit and inspection.
(3) A requester shall file a request for an audit and inspection in attached Form 1, stating the following:
1. The name, date of birth, address, and contact information of the requester (the name of the organization, the location of its office, and the name, date of birth, and contact information of its representative, if the requester is an organization);
2. The purposes of and reasons for the request for an audit and inspection, the details of the request for an audit and inspection, and facts causing the request;
3. The name of the administrative agency relating to the request for an audit and inspection and the names of relevant employees;
4. Whether any litigation or application for a remedial appeal has been filed under any other statutes or regulations;
5. The selection of up to three representatives, if multiple representatives are required, and personal information of such representatives.
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CHAPTER 4. RESIDENT AUDIT PETITION AND AUDIT PETITION REVIEW COMMITTEE
Article 15 (Resident Audit Petition) ① An audit petition filed with the Mayor for business under the authority of an Autonomous Gu and its head pursuant to Article 16 of the Act (hereinafter referred to as the "Resident Audit Petition") shall exceed the number of joint resident signatures defined in the Autonomous Gu's Ordinance.
② An audit petition filed with the responsible Minister for business under the authority of the City and its Mayor pursuant to Article 16 of the Act shall have signatures from at least 200 residents aged 19 or older.
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Article 16 (Notice of Audits and Inspections and Results Thereof)
(1) Upon receipt of citizens' request for an audit and inspection, Committee members shall determine whether to conduct an audit and inspection after deliberation and resolution thereon by the Committee and shall notify the requester of whether to conduct the audit and inspection.
(2) Where the Committee decides to conduct an audit and inspection, it shall finish the audit and inspection within 60 days from the date the decision is made and shall notify the requester of the results thereof: Provided, That, if there is a reasonable ground to conclude that it is impracticable to finish the audit and inspection by the deadline, the period may be extended, and the requester shall be notified of the extension.
(3) With respect to matters particularly requiring impartiality and objectivity, the Seoul Council may request the citizen audit-ombudspersons to audit and inspect, or investigate them; and Committee members shall audit and inspect, or investigate the matters as requested, and upon completion thereof shall notify the Seoul Council of the results.
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Article 16 (Establishment and Function of the Audit Petition Review Committee)
To review and resolve any of the following subparagraphs for a Resident Audit Petition under Article 26 of the Enforcement Decree, the Audit Petition Review Committee of the Seoul Metropolitan Government (hereinafter referred to as the "Review Committee") shall be established under the Mayor:
1. Review on the requirements of a Resident Audit Petition;
2. Confirmation on the validity of signatures in a list of Petitioners in a Resident Audit Petition;
3. Review and decision on any objection about signatures in a list of Petitioners; and
4. Other matters put to a meeting by the Mayor in relation to a Resident Audit Petition.
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CHAPTER IV MONITORING AND EVALUATING PUBLIC PROJECTS
Article 17 (Contracts Subject to Monitoring and Evaluation)
Public projects falling under any of the following, if chosen by the Committee, shall be monitored or evaluated by the Committee members by using such means as inspection on relevant documents and on-site inspection in the process of ordering, tendering, determining the successful bidder, and concluding and executing a contract therefor:
1. Any construction work with a total cost of at least three billion won;
2. Any service that costs at least 500 million won;
3. The purchase of goods worth at least 100 million won;
4. Other projects that the Committee specifies as requiring monitoring and evaluation.
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Article 17 (Organization of the Review Committee) ① The Review Committee shall consist of nine to 13 Review Members including one Review Chair and one Vice Review Chair.
② Review Members shall be appointed or nominated by the Mayor among those in any of the following subparagraphs; provided, however, that Review Members appointed from 17.②.3 to 17.②.8 shall account for more than half of all Review Members, and three Review Members including two members of the Seoul Council shall be recommended by the Seoul Council:
1. Head of an audit department in the Seoul Metropolitan Government (ex-officio);
2. Public officials who are Deputy Mayor/Director-General or higher in the City;
3. Members of the Seoul Council recommended by the Seoul Council;
4. Those qualified as a judge, prosecutor, lawyer, or judicial scrivener;
5. Those qualified as a certified public accountant, engineer, architect, or tax accountant;
6. Those recommended by a civic group (non-profit non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act);
7. Those who serve as an associate professor or higher-level position in law, accounting, civil engineering, or architecture at a university; and
8. Others fully knowledgeable and experienced about audit work.
③ The term of any Review Member appointed by the Mayor under the foregoing ② shall be two (2) years. Any Review Member may be dismissed under Article 8-2 of the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Various Committees. The term of a Review Member newly appointed to fill a vacancy shall be the remaining term of the former Review Member.
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Article 18 (Submission of and Request for Documents)
(1) The head of each Office, Headquarters, or Bureau, the head of each subsidiary office, and the head of each City-invested or City-funded institution shall submit lists of construction works, services, and goods purchased with regard to public projects subject to monitoring and evaluation under Article 17, not later than one month after each fiscal year commences.
(2) The head of the division responsible for the operation of a committee, such as the Construction Technology Deliberation Committee or the Contract Deliberation Committee of the Seoul Government, shall submit documents for deliberation and time schedule in advance with regard to the public projects specified in Article 17.
(3) Committee members may request documents necessary for monitoring and evaluation in relation to integrity pacts.
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Article 18 (Operation of the Review Committee) ① The Review Chair shall convene and chair a meeting for the Review Committee.
② In the event that the Review Chair cannot perform his or her job due to unavoidable reasons, the Vice Review Chair shall serve as acting review chair. In the event that both the Review Chair and the Vice Review Chair cannot perform their job due to unavoidable reasons, the Review Member in the order of seniority shall serve as acting review chair.
③ Any meeting for the Review Committee shall meet the quorum to conduct its business with the presence of a majority of the registered Review Members and make a resolution with approval from a majority of the present Review Members.
④ The Review Chair shall have relevant public officials, Petitioners, and other stakeholders come to a meeting and state their opinions or request them to submit required materials if deemed necessary to efficiently address agenda items in the Review Committee's meeting.
⑤ Any Review Member shall not participate in a review or resolution for any of the following matters with regard to a Resident Audit Petition:
1. Matters related to work in the Review Member's department; and
2. Matters related to the Review Member or his or her relatives.
⑥ The Review Committee shall have one secretary and one clerk to better perform office work; the secretary shall be an officer responsible for Resident Audit Petitions, and the clerk shall be a staff member responsible for Resident Audit Petitions.
⑦ The secretary shall perform work in any of the following subparagraphs and report major review outcomes to the Mayor:
1. Office work on the operation of the Review Committee;
2. Preparation and record-keeping of review agendas and meeting minutes; and
3. Other matters required to operate the Review Committee.
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CHAPTER V EX OFFICIO AUDITS AND INSPECTIONS
Article 19 (Ex Officio Audits and Inspections)
(1) If Committee members conclude that it is necessary to conduct an audit and inspection in the course of investigating and processing a grievance petition or monitoring and evaluating public projects, they may conduct an audit and inspection subject to resolution by the Committee.
(2) The Chairperson shall consult with the head of the audit and inspection division before the Committee adopts a resolution.
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CHAPTER 5. INVESTIGATION INTO GRIEVANCE PETITIONS
Article 19 (Investigation into Grievance Petitions)
① The Committee may launch an investigation into grievance petitions filed with the City if deemed necessary within Members' scope of authority and work under Articles 7 and 8.
② The Committee may request the head of a relevant agency or department to submit related materials for a grievance petition investigation, and the head shall comply with such a request.
③ The Committee shall notify the Petitioner and the head of a relevant agency or department of a grievance petition investigation's outcomes without any delay and make recommendations or express opinions to the head of a relevant agency or department when deemed necessary to improve the city administration or systems.
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CHAPTER VI RESIDENTS' REQUESTS FOR AUDITS AND INSPECTIONS AND DELIBERATION COMMITTEE ON REQUESTS FOR AUDITS AND INSPECTIONS
Article 20 (Residents' Requests for Audits and Inspections)
(1) A request for an audit and inspection filed with the Mayor with regard to affairs under the jurisdiction of an autonomous Gu and its head under Article 16 of the Act (hereinafter referred to as "residents' request for an audit and inspection") shall be jointly signed by at least the number of residents prescribed by ordinance of the relevant autonomous Gu.
(2) A request for an audit and inspection filed with the relevant Minister with regard to affairs under the jurisdiction of the Seoul Government and the Mayor under Article 16 of the Act shall be jointly signed by at least 300 residents aged at least 19 years.
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Article 20 (Notification, Check, and Inspection of Outcomes) ① The head of an agency or department shall respect the recommendations or opinions it received under Article 19.③ and notify the Committee of its actions taken for such recommendations or opinions within thirty (30) days upon receiving such recommendations or opinions.
② The Committee may check or inspect actions taken for recommendations or opinions under Article 19.③.
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Article 21 (Establishment and Functions of Deliberation Committee on Requests for Audits and inspections)
(1) In order to deliberate and resolve on residents' request for an audit and inspection and the like under Article 26 of the Enforcement Decree, the Deliberation Committee on Requests for Audits and Inspections of the Seoul Government (hereinafter referred to as the "Deliberation Committee") shall be established under the jurisdiction of the Mayor.
(2) The Deliberation Committee shall deliberate and resolve on the following:
1. Examination of requirements for residents' request for an audit and inspection;
2. Verification of valid signatures on the list of resident requesters;
3. Examination of objections to signatures on the list of requesters and determination thereon;
4. Whether it is appropriate for the Committee to audit and inspect the subjects of an audit and inspection requested by residents.
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CHAPTER 6. MONITORING AND EVALUATION FOR PUBLIC PROJECTS
Article 21 (Public Projects Subject to Monitoring and Evaluation)
Members shall monitor and evaluate the ordering, bidding, win-bidding, contracting, and contract compliance of public projects subject to any of the following subparagraphs deemed necessary by the Committee to conduct monitoring and evaluation to ensure fairness and transparency (hereinafter referred to as the "Public Projects Subject to Monitoring and Evaluation"):
1. Construction whose total cost exceeds KRW 3 billion;
2. Service worth more than KRW 500 million;
3. Purchase worth more than KRW 100 million; and
4. Any other public project deemed necessary by the Committee to conduct monitoring and evaluation to ensure fairness and transparency in outsourcing and support projects.
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Article 22 (Composition, etc. of Deliberation Committee)
(1) The Deliberation Committee shall be comprised of at least nine but not more than 13 deliberators, including one chairperson and one vice chairperson.
(2) Deliberators shall be commissioned or appointed by the Mayor from among the following persons: Provided, That at least 1/2 of all deliberators shall be deliberators commissioned under subparagraphs 3 through 8, and three deliberators, including two members of the Seoul Council, shall be recommended by the Seoul Council:
1. The head of the audit and inspection division of the Seoul Government (he or she shall be an ex officio member);
2. Public officials of the Seoul Government, ranked equivalent to or higher than a Deputy Mayor or Director-General;
3. Members of the Seoul Council recommended by the Seoul Council;
4. Judges, public prosecutors, and licensed attorneys-at-law;
5. Certified public accountants, professional engineers, certified architects, and certified tax accountants;
6. Persons recommended by civic groups (referring to non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
7. Persons who serve as at least an associate professor in law, accounting, civil engineering, or architectural engineering in a university;
8. Other persons who have abundant knowledge and experience in audit and inspection.
(3) The chairperson and vice chairperson of the Deliberation Committee shall be elected by and from among deliberators.
(4) The term of office of the chairperson, vice chairperson, and deliberators of the Deliberation Committee shall be two years, respectively, and may be renewed consecutively only once: Provided, That the term of office of public officials of the Seoul Government and members of the Seoul Council shall coincide with their respective term of office for the position entitling them to serve on the Deliberation Committee.
(5) The Mayor may dismiss a deliberator from office, if the deliberator wishes to be dismissed or is unable to perform his or her duties as a deliberator due to illness, long-term absence, injury to dignity, or the like, and the term of office of a deliberator commissioned to fill the vacancy of a deliberator shall coincide with the remaining term of office of his or her predecessor.
(6) None of the following deliberators shall be allowed to participate in deliberation and resolution on the subjects of an audit and inspection requested by citizens or residents:
1. A person who belongs to a division relating to the subjects of the requested audit and inspection;
2. A person himself or herself or his or her relative is interested in the subjects of the requested audit and inspection.
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Article 22 (Submission of and Request for Materials) ① The head of an agency or department which enforces public projects in any of the subparagraphs in Article 21 (hereinafter referred to as the "Enforcement Agency/Department") shall submit a list of the public projects to the Committee within one (1) month from the commencement date of every fiscal year.
② The Committee may request the Enforcement Agency/Department to submit materials to check the integrity contract compliance of public projects subject to monitoring and evaluation, and the head of the Enforcement Agency/Department shall submit the materials within seven (7) days upon receiving such a request.
③ The head of the Enforcement Agency/Department shall request the Committee for the witness of its Members in a proposal evaluation committee to select the contractor no later than seven (7) days before such a committee, and the Committee may allow its Members or Citizen Participatory Ombudsmen appointed under Article 25 to witness the committee.
④ The heads of departments who operate the Construction Technology Review Committee of the Seoul Metropolitan Government and the Contract Review Committee of the Seoul Metropolitan Government shall submit to the Committee their review materials and schedules for public projects under any of the subparagraphs of Article 21 no later than seven (7) days before such review.
⑤ In addition to Articles 22.① to 22.③, the Committee may request the Enforcement Agency/Department to submit materials required to monitor and evaluate public projects as necessary, and the head of the Enforcement Agency/Department shall submit them no later than seven (7) days upon receiving such a request.
⑥ The Committee may obtain authorization from the head of a department managing the information system including budget and financial accounting to electronically receive materials submitted under Article 22.① or directly use the information system. In this case, it shall be construed that the Enforcement Agency/Department has submitted the materials under Article 22.①.
⑦ In the event that the Committee wishes to receive materials submitted under Article 22.① electronically under Article 22.⑥, it shall be construed that the head of the Enforcement Agency/Department has provided consent unless it otherwise conflicts with governing laws.
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Article 23 (Operation, etc. of Deliberation Committee)
(1) The chairperson of the Deliberation Committee shall convene and preside over Committee meetings.
(2) If the chairperson of the Deliberation Committee is unable to perform his or her duties due to an unavoidable circumstance, the vice chairperson shall act on behalf of the chairperson; and if both the chairperson and vice chairperson are unable to perform their duties due to an unavoidable circumstance, the most senior deliberator by age shall act on their behalf.
(3) A majority of the incumbent members of the Deliberation Committee shall constitute a quorum of a meeting, and any decision thereof shall require the concurring vote of a majority of those present.
(4) If the chairperson of the Deliberation Committee deems it necessary for efficiently processing items on the agenda of a Committee meeting, he or she may have relevant public officials, audit requesters, and other stake-holders attend a meeting to hear their opinions or may request them to submit documents as necessary.
(5) If the chairperson of the Deliberation Committee deems it necessary for efficiently performing affairs of the Deliberation Committee, he or she may form and operate a subcommittee.
(6) The Deliberation Committee shall have one executive secretary who shall handle affairs of the Deliberation Committee, and the head of the division responsible for the operation of the Deliberation Committee shall serve as executive secretary.
(7) The executive secretary shall conduct the following affairs and shall report major results of deliberation to the Mayor:
1. Affairs related to operating the Deliberation Committee;
2. Preparation of items on the agenda for deliberation, and preparation and preservation of meeting minutes;
3. Other matters necessary for operating the Deliberation Committee.
(8) Allowances may be paid to deliberators who attend a meeting of the Deliberation Committee, but this shall not apply where a public official serving as a deliberator attends a meeting of the Deliberation Committee in direct connection with his or her duties.
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Article 23 (Handling of Monitoring and Evaluation) ① The Committee may make recommendations or express opinions in the event that the city administration or systems need to be improved as a result of monitoring and evaluation on public projects.
② The Committee may have additional operational rules for the monitoring and evaluation of public projects and integrity contract compliance.
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Article 24 (Prohibition on Disclosure of Confidential Information)
No person who attends a meeting of the Deliberation Committee shall disclose any confidential information which becomes known to him or her in the course of performing his or her duties.
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CHAPTER 7. EX OFFICIO AUDIT
Article 24 (Ex Officio Audit) ① Members may conduct an ex officio audit after obtaining the Committee's resolution when deemed necessary to carry out such an audit in investigating and addressing grievance petitions and monitoring and evaluating public projects.
② The Chair shall consult with the Audit Committee before the Committee's resolution.
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CHAPTER VII MISCELLANEOUS
Article 25 (Citizen Volunteer Ombudspersons)
(1) The Committee may appoint citizen volunteer ombudspersons from among experts from various walks of life such as women's welfare and urban safety, in order to strengthen the functions of the Committee for auditing, inspecting, investigating, and monitoring specialized areas and conducting investigations into grievance petitions.
(2) The number of citizen volunteer ombudspersons shall not exceed 35 persons in total for seven fields: women's welfare; urban safety; industrial economy; living conditions; urban traffic (urban planning); education and culture; and general administration.
(3) Article 7 shall apply mutatis mutandis to the qualification for citizen volunteer ombudspersons: Provided, That the qualifications, etc. may be adjusted by the Committee, if necessary.
(4) Each citizen volunteer ombudsperson shall hold office for a term of two years and may be commissioned consecutively only for one more term: Provided, That the Mayor may dismiss a citizen volunteer ombudsperson if the citizen volunteer ombudsperson has remained inactive for one year or longer after he or she is commissioned to the office. <Amended by Ordinance No. 7035, Mar. 28, 2019>
(5) Citizen volunteer ombudspersons shall be selected by the Committee, from among the persons recommended by civic groups, academia, and legal circles, or from among applicants therefor who meet certain qualifications; and shall be commissioned by the Mayor.
(6) Citizen volunteer ombudspersons may be directly involved in the Committee's audit, inspection, investigation, and monitoring activities to give advice or opinions thereon, and may make suggestions to improve systems, policies and the like for city administration in general.
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CHAPTER 8. OTHERS
Article 25 (Qualification for the Citizen Participatory Ombudsman) ① The Committee may appoint experts as Citizen Participatory Ombudsmen to strengthen audit, investigation, and monitoring in professional fields for any of the subparagraphs in Article 7.②.
② Citizen Participatory Ombudsmen shall consist of no more than 35 people in six fields, including women's welfare, urban safety, industrial economy (living environment), urban transportation (transportation planning), education culture, and general administration, by considering the gender ratio.
③ The qualification of Citizen Participatory Ombudsmen shall follow any of the subparagraphs in Article 4.②, and the Committee's operational rules may be defined additionally for their qualification if necessary.
④ Citizen Participatory Ombudsmen shall be appointed by the Mayor upon the Committee's review after receiving recommendations from civil society organizations, academia, and the legal community or applications from those qualified under Article 25.③.
⑤ The term of Citizen Participatory Ombudsmen shall be two (2) years, and the Ombudsmen may be appointed for only one additional term; provided, however, that in the event that Citizen Participatory Ombudsmen do not do any activity more than one (1) year after appointment, the Mayor may dismiss them.
⑥ Citizen Participatory Ombudsmen may directly participate in the Committee's audit, investigation, and monitoring, present their opinions, provide advice to the Committee, or make suggestions to improve policies and systems across the city administration.
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Article 26 (Citizens' Participation in Audit and Inspection, etc.)
(1) If Committee members deem it necessary for auditing and inspecting, or investigating any matter within the scope of their duties, they may invite ordinary applicants, requesters, civic groups, experts for various fields, and the like, other than citizen volunteer ombudspersons, to participate in audits and inspections, or investigations.
(2) Allowances, etc. may be paid to those who participate in the audits and inspections under paragraph (1), within budgetary limits.
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Article 26 (Citizen Participation in Audit) Members may have civil society organizations and other experts in their respective field in addition to Citizen Participatory Ombudsmen when necessary for audit, investigation, and monitoring.
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Article 27 (Regulations of Committee)
The Committee may prescribe matters, etc. necessary for the enforcement of this Ordinance by regulations of the Committee following a resolution by the Committee.
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Article 27 (Compensation) Compensation or travel expenses may be paid to Review Members under Article 17, Citizen Participatory Ombudsmen under Article 25, and citizens participating in an audit under Article 26 within the budget range pursuant to the Seoul Metropolitan Government Ordinance on Committee Compensation and Travel Expense Payment.
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Article 28 (Reporting)
Citizen audit-ombudspersons shall report the results of their activities by the end of June and by the end of December each year to the Mayor and the Seoul Council not later than the end of July of the year and the end of January of the following year, respectively.
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Article 28 (Confidentiality) Anyone involved in the work of the Committee shall not disclose confidential information obtained over the course of such work.
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Article 29 (Application Mutatis Mutandis)
The Act on Public Sector Audits, the Enforcement Decree of the same Act, the Regulations on Administrative Inspection of Local Governments, the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission, and the Civil Petitions Treatment Act shall apply mutatis mutandis to the matters not prescribed by this Ordinance, among matters regarding audits and inspections. <Amended by Ordinance No. 7217, Jul. 18, 2019>
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Article 29 (Reporting) The Committee shall report to the Mayor and the Seoul Council its activities up to the end of June and December by the end of July and January of the next year, respectively.
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Article 30 (Committee Organizational Rules) Other matters required to enforce this Ordinance may be defined in the organizational rules of the Committee by the Committee's resolution.
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ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation: Provided, That Articles 4, 6, 10 through 12, and 27 shall enter into force on the date the Citizen Audit-Ombudsman Committee is formed.
Article 2 (Transitional Measure concerning Acts, etc. Done under Previous Ordinances of the Seoul Government)
Any dispositions, acts and the like done under the previous provisions as at the time this Ordinance enters into force, shall be deemed dispositions, acts, and the like done under this Ordinance.
Article 3 (Applicability to Term of Office of Citizen Audit-Ombudspersons and Citizen Volunteer Ombudspersons)
The citizen audit-ombudspersons and citizen volunteer ombudspersons appointed under the Seoul Metropolitan Government Ordinance on the Operation of Citizen Audit-Ombudsmen and Residents' Requests for Audits and Inspections before this Ordinance enters into force, shall be deemed to have been appointed under this Ordinance, but only for the originally agreed term of office.
Article 4 (Repeal of Ordinance of the Seoul Government)
The Seoul Metropolitan Government Ordinance on the Operation of Citizen Audit-Ombudsmen and Residents' Requests for Audits and Inspections shall be repealed upon this Ordinance entering into force: Provided, That Articles 6 and 10 through 12 of the Ordinance shall be repealed on the date the Citizen Audit-Ombudsman Committee is formed.
ADDENDA <Ordinance No. 7035, Mar. 28, 2019>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Applicability to Dismissal of Citizen Volunteer Ombudspersons)
The amended proviso of Article 25 (4) shall begin to apply where an ombudsperson is newly commissioned (or consecutively commissioned) after this Ordinance enters into force.
ADDENDA <Ordinance No. 7046, Mar. 28, 2019>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 7156, May 16, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7217, Jul. 18, 2019>
This Ordinance shall enter into force on the date of its promulgation.
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Addendum [No. 7283; Sept. 26, 2019]
Article 1 (Enforcement Date) This Ordinance shall enter into force upon the day of its announcement.
Article 2 (Transition for Actions, Appointment, and Nomination Conducted under the Previous Ordinance) ① Any action or measure conducted according to the previous Ordinance at the time of the enforcement of this Ordinance shall be construed as having been conducted under this Ordinance.
② Any Citizen Audit Ombudsman, Citizen Participatory Ombudsman, and Member of the Audit Petition Review Committee appointed or nominated under the previous Ordinance at the time of the enforcement of this Ordinance shall be construed as having been appointed or nominated under this Ordinance.
Article 3 (Applicability to the Term of the Citizen Audit Ombudsman) Despite the foregoing Article 2.①, the term of any Citizen Audit Ombudsman, Citizen Participatory Ombudsman, and Member of the Audit Petition Review Committee appointed or nominated under the previous Ordinance shall follow the previous Ordinance.
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Citizen’s Request for Audit and Inspection
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