SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE ADMINISTRATIVE WORK TO THE PRIVATE SECTOR
- Enactment No. 3684, Nov. 15, 1999
- Partial Amendment No. 3767, Jul. 15, 2000
- Amendment of Other Laws No. 3769, Jul. 15, 2000
- Amendment of Other Laws No. 3776, Jul. 25, 2000
- Partial Amendment No. 3783, Sep. 25, 2000
- Amendment of Other Laws No. 3791, Oct. 25, 2000
- Amendment of Other Laws No. 3802, Nov. 30, 2000
- Amendment of Other Laws No. 3827, Jan. 05, 2001
- Amendment of Other Laws No. 3884, Jul. 16, 2001
- Amendment of Other Laws No. 4024, Jul. 15, 2002
- Partial Amendment No. 4084, May. 15, 2003
- Amendment of Other Laws No. 4192, May. 25, 2004
- Partial Amendment No. 4240, Jan. 05, 2005
- Amendment of Other Laws No. 4284, Jun. 16, 2005
- Amendment of Other Laws No. 4588, Dec. 26, 2007
- Partial Amendment No. 4749, Mar. 18, 2009
- Partial Amendment No. 4818, Jul. 30, 2009
- Partial Amendment No. 5210, Dec. 29, 2011
- Partial Amendment No. 5415, Dec. 31, 2012
- Partial Amendment No. 5519, Aug. 01, 2013
- Partial Amendment No. 5705, May. 14, 2014
- Partial Amendment No. 5961, Jul. 30, 2015
- Amendment of Other Laws No. 6016, Oct. 08, 2015
- Partial Amendment No. 6094, Jan. 07, 2016
- Partial Amendment No. 6383, Jan. 05, 2017
- Partial Amendment No. 6567, Jul. 13, 2017
- Partial Amendment No. 6630, Sep. 21, 2017
- Partial Amendment No. 7041, Mar. 28, 2019
- Amendment of Other Laws No. 7044, Mar. 28, 2019
- Partial Amendment No. 7296, Sep. 26, 2019
- Amendment of Other Laws No. 7423, Dec. 31, 2019
- Partial Amendment No. 7666, Jul. 16, 2020
- Partial Amendment No. 7778, Dec. 31, 2020
- Partial Amendment No. 7910, Mar. 25, 2021
- Partial Amendment No. 8068, Jul. 20, 2021
- Amendment of Other Laws No. 8127, Sep. 30, 2021
- Partial Amendment No. 8234, Dec. 30, 2021
- Partial Amendment No. 8390, Apr. 28, 2022
Amendment of Other Laws No. 8127, Sep. 30, 2021 | Partial Amendment No. 8234, Dec. 30, 2021 |
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Article 1 (Purpose)
The purpose of this Ordinance is to provide opportunities for the private sector to participate in public administration voluntarily and to improve the efficiency in public administration through the simplification of administrative affairs by providing for administrative affairs with which a corporation, organization, or agency or private individual that belongs to such corporation or organization may be entrusted pursuant to Article 104 of the Local Autonomy Act, among administrative affairs under the authority of the Mayor of the Seoul Metropolitan Government. <Amended on Dec. 26, 2007; Jul. 30, 2009>
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Article 2 (Definitions)
The terms used in this Ordinance are defined as follows: <Amended on Jul. 30, 2009; May 14, 2014; Mar. 25, 2021>
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Article 3 (Scope of Application)
Except as otherwise provided in other statutes or regulations or Ordinances of the Seoul Metropolitan Government, this Ordinance shall apply to entrusted affairs. <Amended on Jul. 30, 2009>
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Article 4 (Criteria for Administrative Affairs Entrusted to Private Sector)
(1) The Mayor may entrust the private sector with the following administrative affairs that do not directly affect citizens' rights and obligations, such as surveys, inspections, tests, and management, among administrative affairs falling under the jurisdiction of the Mayor, determined under statutes or regulations or Ordinances of the Seoul Metropolitan Government: <Amended on Jul. 30, 2009; Dec. 31, 2012; May 14, 2014>
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Article 4-2 (Examination of Appropriateness Relating to Entrustment to Private Sector)
Where the Mayor intends to entrust administrative affairs falling under the subparagraphs of Article 4 to the private sector, he or she shall pre-examine the appropriateness of entrustment to the private sector, taking into account the following:
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Article 4-3 (Consent from Council and Reporting)
(1) The Mayor shall obtain consent form the Seoul Metropolitan Council (hereinafter referred to as the "Council") where he or she intends to entrust administrative affairs falling under the subparagraphs of Article 4 to the private sector or where there are changes in important matters of entrusted affairs. <Amended on Mar. 25, 2021>
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Article 4-4 (Motion to Obtain Consent for Entrustment to Private Sector)
(1) The Mayor shall include the following in a motion to obtain consent for entrustment to the private sector, submitted pursuant to Article 4-3: <Amended on Dec. 31, 2019>
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Article 5 (Committee for Operation and Evaluation of Entrustment to Private Sector)
(1) The Mayor shall establish the Committee for the Operation and Evaluation of the Entrustment to the Private Sector (hereinafter referred to as the "Operational Committee") in order to have the Operational Committee deliberate on the selection of administrative affairs that may be entrusted to the private sector and the evaluation of the status of operation.
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Article 6 (Scope of Administrative Affairs Entrusted to Private Sector)
The administrative affairs that may be entrusted to the private sector pursuant to Article 4 shall be as follows: <Mar. 18, 2009; Jul. 30, 2009; May 14, 2014; Sep. 26, 2019>
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Article 7 (Standards for Selection of Entrusted Agencies)
The Mayor shall examine the following matters comprehensively in selecting entrusted agencies: <Amended on Jul. 30, 2009; May 14, 2014; Mar. 28, 2019>
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Article 8 (Selection of Entrusted Agencies)
(1) In principle, entrusted agencies shall be selected by open invitation; and the Mayor shall release criteria and allotted points, etc., to select entrusted agencies when he or she makes public announcement of the selection of entrusted agencies. <Amended on May 14, 2014>
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Article 9 (Committee for Deliberation on Qualified Persons)
(1) The Deliberative Committee shall be comprised of at least six members, but up to nine members, including one chairperson and one vice chairperson; but the Deliberative Committee chairperson shall be elected by and from among external members. <Amended on Aug. 1, 2013>
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Article 10 (Responsibilities and Indication of Name)
(1) Responsibilities for performing entrusted affairs shall be attributed to each entrusted agency, while the Mayor shall be responsible for supervision over entrusted agencies.
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Article 11 (Conclusion of Agreement)
(1) When the Mayor entrusts administrative affairs, he or she shall conclude an entrustment agreement with the entrusted agency, which specifies the following: <Amended on Dec. 31, 2020>
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Article 12 (Renewal of Agreement)
(1) Where the Mayor intends to renew an agreement with the existing entrusted agency, he or she shall determine on whether the entrusted agency is competent through deliberation by the Deliberative Committee and the Operational Committee not later than 90 days before the expiration of the period of entrustment. <Amended on May 14, 2014; Jul. 30, 2015>
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Article 13 (Assistance in Operation)
(1) If the Mayor deems necessary for an entrusted agency's performance of entrusted affairs, he or she may permit the entrusted agency to use public property or commodities, or may subsidize the entrusted agency for incurred expenses within the budget. <Amended on Jul. 30, 2009; May 14, 2014>
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Article 14 (Collection of Use Fees)
(1) The Mayor may permit an entrusted agency to collect use fees, other fees and expenses prescribed by any statute or regulation, or other Ordinances of the Seoul Government in connection with the performance of entrusted affairs.
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Article 15 (Obligations of Entrusted Agencies)
(1) No entrusted agency shall delay executing administrative affairs, demand unnecessary documents, perform administrative affairs in an unfair manner, or collect undue expenses in executing entrusted affairs.
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Article 16 (Guidance and Inspection)
(1) The Mayor may require an entrusted agency to report necessary matters regarding the performance of entrusted affairs. <Amended on May 14, 2014>
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Article 17 (Manual for Affairs)
(1) Each entrusted agency shall prepare and keep the manual for affairs specifying the processing department, processing period, processing procedure, processing guidelines, required documents, forms, fees, etc. separately for each type of entrusted affairs.
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Article 18 (Comprehensive Outcome Evaluation)
(1) The Mayor shall conduct a comprehensive outcome evaluation on administrative affairs prescribed by rule of the Seoul Government, among entrusted affairs, not later than 90 days before the expiration of period of entrustment. <Amended on May 14, 2014>
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Article 19 (Cancellation of Entrustment)
(1) The Mayor may cancel entrustment, if any of the following causes or events occur:
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Article 20 (Enforcement Rules)
Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Government. <Amended on Jul. 30, 2009>
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