SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE COLLABORATIVE COOPERATION IN LOGISTICS BUSINESS, THE SUPPORT OF MICRO-ENTERPRISES, AND DISPUTES OVER LOGISTICS
- Enactment No. 4694, Jan. 07, 2010
- Partial Amendment No. 5058, Dec. 22, 2010
- Amendment of Other Laws No. 5208, Dec. 29, 2011
- Partial Amendment No. 5279, Mar. 15, 2012
- Partial Amendment No. 5676, Mar. 20, 2014
- Amendment of Other Laws No. 5767, Dec. 11, 2014
- Amendment of Other Laws No. 6016, Oct. 08, 2015
- Partial Amendment No. 6073, Jan. 07, 2016
- Amendment of Other Laws No. 7217, Jul. 18, 2019
- Amendment of Other Laws No. 7423, Dec. 31, 2019
Amendment of Other Laws No. 7217, Jul. 18, 2019 | Amendment of Other Laws No. 7423, Dec. 31, 2019 |
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Article 1 (Purpose)
The purpose of this Ordinance is to consolidate mutually beneficial cooperation between large distribution enterprises, quasi-superstores, small and medium distribution enterprises, and micro-enterprises; and to facilitate the rational mediation of disputes regarding distribution, so as to promote balanced development of the local distribution industry and to contribute to the invigoration of local economies pursuant to Article 12-2 of the Distribution Industry Development Act and Article 16 of the Enforcement Decree of said Act.
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Article 2 (Definitions)
Terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 5058, Dec. 22, 2010; Ordinance No. 5676, Mar. 20, 2014; Ordinance No. 6016, Oct. 8, 2015; Ordinance No. 6073, Jan. 7, 2016>
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Article 3 (Mayor’s Responsibility)
The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall formulate and implement measures necessary to help large distribution enterprises, small and medium distribution enterprises, and micro-enterprises within Seoul build relationships based on for win-win cooperation.
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Article 4 (Establishment and Implementation of Plan for Win-win Cooperation)
(1) The Mayor shall formulate and implement a plan for win-win cooperation in the distribution industry in the Seoul Metropolitan Government in order to promote win-win cooperation between large distribution enterprises, small and medium distribution enterprises, and micro-enterprises.
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Article 5 (Contribution and Cooperation of Large Distribution Enterprises to Local Communities, etc.)
(1) The Mayor may recommend or request the operator of a large distribution enterprise to take the initiative or cooperate in the following matters for balanced development in distribution business in an area and the fostering of local economies: <Amended by Ordinance No. 6073, Jan. 7, 2016>
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Article 6 (Seoul Metropolitan Distribution Dispute Mediation Committee)
(1) The Mayor shall establish the Seoul Metropolitan Distribution Dispute Mediation Committee (hereinafter referred to as the "Committee ") to mediate the following disputes referred to in Article 36 (1) of the Act: <Amended by Ordinance No. 6073, Jan. 7, 2016>
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Article 6-2 (Mediation of Disputes)
(1) Any person dissatisfied with a draft mediation agreement of the Committee of an autonomous Gu pursuant to Article 37 (3) of the Act, may file an application to mediate the case with the Committee within 15 days after receipt of the draft mediation.
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Article 7 (Composition of Committee)
(1) The Committee shall be comprised of at least 11 members, including one chairperson and one vice chairperson and have a balanced gender ratio.
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Article 8 (Operation of Committee)
(1) The chairperson shall convene and preside over Committee meetings. <Amended by Ordinance No. 6073, Jan. 7, 2016>
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Article 8-2 (Exclusion, Challenge and Evasion of Members)
(1) Where any member of the Committee (hereafter referred to as "member" in this Article and Article 5) falls under any of the following subparagraphs, he/she shall be excluded from deliberating on and mediating any case on which the relevant request for dispute mediation (hereafter referred to as the "case") is filed:
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Article 8-3 (Removal or Dismissal of Members)
Where a member falls under any of the following cases, the Mayor may remove or dismiss such member from office:
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Article 9 (Support for Promotion of Win-Win Cooperation)
The Mayor may provide administrative and financial support necessary for promoting win-win cooperation within the budget, if he/she finds that such support is necessary to promote win-win cooperation. <Amended by Ordinance No. 6073, Jan. 7, 2016>
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Article 10 (Survey of Impacts on Commercial Area)
(1) The Mayor may survey the impact on the local commercial area, of a large distribution enterprise opening a branch , if needed for establishing the win-win cooperation plan. <Amended by Ordinance No. 6073, Jan. 7, 2016>
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Article 11 (Adjustment of Area for Branch Opening)
If deeming that small and medium distribution enterprises, and micro-enterprises suffers or is likely to suffer severe losses due to opening a large distribution enterprise, the Mayor may advise a large distribution enterprise operator to adjust the area for and timing of branch opening and the size of such branch.
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Article 12 (Restrictions on Business Hours, etc.)
(1) The Mayor may advise the heads of Gus to ensure uniformity around the Seoul Metropolitan Government in issuing the following orders pursuant to Article 12-2 of the Distribution Industry Development Act:
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Article 13 (Duty of Confidentiality)
No member of the Committee nor any person involved in an impact survey on a commercial area, shall disclose any trade secret of any distribution enterprise, he/she becomes aware of in the course of performing his/her duties. <Amended by Ordinance No. 6073, Jan. 7, 2016>
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Article 14 (Enforcement Rule)
Matters necessary for the enforcement of this Ordinance shall be prescribed by rule. <Amended by Ordinance No. 6073, Jan. 7, 2016>
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