SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE OPERATION OF THE CITIZEN AUDIT OMBUDSMAN COMMITTEE AND RESIDENTS’ AUDIT PETITION
- Enactment No. 6007, Oct. 08, 2015
- Partial Amendment No. 7035, Mar. 28, 2019
- Amendment of Other Laws No. 7046, Mar. 28, 2019
- Amendment of Other Laws No. 7156, May. 16, 2019
- Amendment of Other Laws No. 7217, Jul. 18, 2019
- Whole Amendment No. 7283, Sep. 26, 2019
- Amendment of Other Laws No. 7423, Dec. 31, 2019
- Partial Amendment No. 7776, Dec. 31, 2020
- Partial Amendment No. 7906, Mar. 25, 2021
- Amendment of Other Laws No. 7912, Mar. 25, 2021
- Amendment of Other Laws No. 8127, Sep. 30, 2021
Partial Amendment No. 7906, Mar. 25, 2021 | Amendment of Other Laws No. 7912, Mar. 25, 2021 |
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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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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to prescribe matters necessary for the establishment and operation of the Citizens' Ombudsman Commission of the Seoul Metropolitan Government to monitor municipal administration and inspect civil petitions for grievances 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 matters mandated to the Ordinance and matters necessary for the enforcement thereof with regard to residents' audit petitions under Article 16 of the Local Autonomy Act and Article 26 of the Enforcement Decree of the same Act.
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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;
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Article 2 (Definitions)
The terms used in this Ordinance are defined as follows:
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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.
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CHAPTER II ORGANIZATION AND OPERATION OF THE CITIZENS' OMBUDSMAN COMMISSION
Article 3 (Establishment and Function of the Citizens' Ombudsman Commission)
(1) The Citizens' Ombudsman Commission of the Seoul Metropolitan Government (hereinafter referred to as the "Commission") shall be established as a collegiate administrative agency under the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") to monitor municipal administration, inspect civil petitions for grievances, and conduct an audit in response to a citizen's audit petition.
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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").
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Article 4 (Organization of the Citizens' Ombudsman Commission)
(1) The Commission shall consist of at least three, but not more than seven citizen audit ombudsmen (referring to the chairperson and members of the Commission; hereinafter the same shall apply).
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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
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Article 5 (Grounds for Disqualification of Citizen Audit Ombudsmen)
None of the following persons shall become a citizen audit ombudsman:
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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 6 (Guarantee of 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 falls under any of the subparagraphs of Article 10 of the Act on Public Sector Audits.
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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.
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Article 7 (Duties of Members)
(1) Members shall monitor municipal administration from the perspective of citizens and protect their interests from any illegal or unfair administrative disposition.
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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");
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Article 8 (Duty Jurisdiction of Members)
Entities against whom members can perform audit, inspection, and monitoring activities under Article 7 (2) shall be as follows: Provided, That 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") shall apply to an audit conducted in response to a resident's audit petition:
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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.
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Article 9 (Meetings of the Commission)
(1) The chairperson shall convene and chair a meeting of the Commission (hereinafter referred to as "meeting") if requested by at least a majority of all incumbent members or deemed necessary by the chairperson.
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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:
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Article 10 (Exclusion, Challenge, and Recusal)
(1) A member falling under any of the following subparagraphs shall be excluded from the relevant duties: <Amended on Dec. 31, 2019>
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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.
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Article 11 (Secretariat and Employees)
(1) The Commission shall have the secretariat and its employees (hereinafter referred to as "auditor") to support the operation of the Commission and the duties of the members, and matters regarding the scope of duties between the members and the auditors may be prescribed by the operating rules of the Commission.
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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.
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CHAPTER III CITIZEN'S AUDIT PETITION
Article 12 (Citizen's Audit Petition)
(1) A person falling under the following subparagraphs of Article 8 may file an audit petition (hereinafter referred to as "citizen's audit petition") with the Commission, if deeming that affairs are handled in an illegal or unfair manner by an institution under the subparagraphs of Article 8 or its employees: <Amended on Dec. 31, 2020>
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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:
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Article 13 (Determination on Audits)
Upon receipt of a citizen's audit petition under Article 12 (1), the Commission shall convene a meeting to determine whether to conduct an audit following the examination or verification of the following matters, and notify the outcomes to the petitioner:
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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.
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Article 14 (Notification and Disclosure of Audit Findings)
(1) The Commission shall conclude an audit within 60 days from the date on which an audit is determined to be conducted pursuant to Article 13, and notify the findings thereof to the representative of the petitioners, and the head of an institution or division subject to the audit within 10 days: Provided, That the period may be extended if there is any good reason not to conclude such audit within that period. <Amended on Dec. 31, 2020>
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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.
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CHAPTER IV RESIDENT'S AUDIT PETITION AND AUDIT PETITION DELIBERATION COUNCIL
Article 15 (Resident's Audit Petition)
(1) An audit petition filed with the Mayor for affairs falling under the authority of an autonomous Gu and the head pursuant to Article 16 of the Act (hereinafter referred to as "resident's audit petition") shall have joint signatures signed by the residents, the number of whom shall exceed that prescribed by ordinance of the autonomous Gu.
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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:
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Article 16 (Establishment and Function of Audit Petition Deliberation Council)
An audit petition deliberation council of the Seoul Metropolitan Government (hereinafter referred to as "deliberation council") shall be established under the Mayor to deliberate and resolve on the following matters in response to a resident's audit petition under Article 26 of the Enforcement Decree:
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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.
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Article 17 (Organization of Deliberation Council)
(1) The deliberation council shall consist of not less than 9 but not more than 13 members, including one chairperson and one vice chairperson.
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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.
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Article 18 (Operation of Deliberation Council)
(1) The chairperson of the deliberation council shall convene and preside over meetings of the deliberation council.
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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.
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CHAPTER V INSPECTION OF CIVIL PETITIONS FOR GRIEVANCES
Article 19 (Inspection of Civil Petitions for Grievances)
(1) Where the Seoul Government receives civil petitions for grievances, the Commission may, if necessary, conduct an inspection thereof within the scope of duties and jurisdiction of members under Articles 7 and 8.
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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.
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Article 20 (Notification, Verification, and Inspection of Follow-Up Actions)
(1) Upon receipt of recommendations or opinions under Article 19 (3), the head of an institution or division shall show respect thereto and notify the Commission of the follow-up actions within 30 days from the receipt of such recommendations or opinions.
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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"):
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CHAPTER VI MONITORING AND EVALUATION OF PUBLIC PROJECTS
Article 21 (Public Projects Subject to Monitoring and Evaluation)
Members shall monitor and evaluate any of the following public projects for the process ranging from order placement, bidding, successful bidding to conclusion or performance of a contract, which is deemed necessary by the Commission to ensure fairness and transparency therein (hereinafter referred to as "public projects subject to monitoring and evaluation"):
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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.
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Article 22 (Submission of and Request for Materials)
(1) The head of an institution or division that implements a public project falling under the subparagraphs of Article 21 (hereinafter referred to as "implementing institution or division") shall submit a list of the public projects to the Commission within one month from the commencement date of every fiscal year.
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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.
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Article 23 (Handling of Results of Monitoring and Evaluation)
(1) The Commission may make recommendations or express opinions to the head of an implementing institution or division, where it is deemed necessary to improve municipal administration or systems based on the results of monitoring and evaluating public projects.
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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.
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CHAPTER VII EX OFFICIO AUDIT
Article 24 (Ex Officio Audit)
(1) Where an audit is deemed necessary, as a member inspects and handles citizens' and residents' audit petitions and civil petitions for grievances, and monitors and evaluates public projects, such audit may be conducted following a resolution by the Commission. <Amended on Dec. 31, 2020>
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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.
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CHAPTER VIII OTHERS
Article 25 (Qualification for Citizen Participatory Ombudsmen)
(1) The Commission may appoint citizen participatory ombudsmen to enable them to better audit, inspect and monitor in their field of expertise in connection with activities falling under the subparagraphs of Article 7 (2) and to collect opinions from all walks of life. <Amended on Dec. 31, 2020>
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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 26 (Citizens' Participation in Audits)
Members may have not only citizen participatory ombudsmen but also civic groups and other experts in their respective field participate in audit, inspection, and monitoring activities in relation to their duties if necessary.
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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 27 (Payment of Allowances)
Allowances and travel expenses may be paid to members of the deliberation council under Article 17, citizen participatory ombudsmen under Article 25, and citizens who participate in audits, etc. under Article 26, within the budget, pursuant to the Seoul Metropolitan Government Ordinance on the Payment of Committee Allowances and Travel Expenses.
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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 28 (Prohibition of Divulging Confidential Information)
No person who has performed the duties of the Commission shall divulge confidential information he or she became aware of in the course of performing his or her duties.
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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 29 (Reporting)
The Commission shall annually report to the Mayor and the Seoul Council its activities from the end of June to the end of December by not later than 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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Article 30 (Operating Rules of the Commission)
Other matters necessary for the enforcement of this Ordinance may be prescribed by the operating rules of the Commission following the Commission's resolution.
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