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SEOUL METROPOLITAN GOVERNMENT FRAMEWORK ORDINANCE ON BUILDING

CHAPTER Ⅰ GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to provide for matters delegated by the Framework Act on Building and the Enforcement Decree of the same Act and matters necessary for the implementation thereof.

Article 2 (Definitions) The definitions of terms used in this Ordinance shall be as follows:
1. The term "public space" means vacant land or space in private land provided for public use in accordance with related Acts and subordinate statutes or conditions attached thereto, such as open vacant land, open space, vacant land between a road and a building, etc. established under the National Land Planning and Utilization Act or the Building Act;
2. The term "lifetime management of a building" means proper management of the years of lapse, scale, purpose, structure, facilities, etc. of a building from the conception and planning stage for the building until the time of removal of the building by the owner, related expert engineers and administrative agencies in cooperation according to the characteristics of the building.

Article 3 (Relationship with other Ordinances) (1) Where the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") or the head of an autonomous Gu (hereinafter referred to as "head of a Gu") enacts or amends any other Ordinance related to construction, he/she shall enact or amend such Ordinance to meet the purposes and the basic idea of the Framework Act on Building (hereinafter referred to as the "Act").
(2) With regard to matters concerning construction policies and the promotion of architectural culture, the Mayor or the head of a Gu shall apply this Ordinance, except otherwise provided for in other Ordinances.

CHAPTER Ⅱ FORMULATION OF CONSTRUCTION POLICIES Article 4 (Formulation, etc. of Master Construction Plan) (1) The Mayor shall formulate and execute a master plan on construction policies (hereinafter referred to as "master construction plan") of the Seoul Metropolitan Government (hereinafter referred to as the "Metropolitan Government") that best suits the present status and the social, economic and cultural conditions of the Metropolitan Government pursuant to Article 12 (1) of the Act, on a five-year basis.
(2) Where the Mayor intends to formulate or amend a master construction plan, he/she shall confirm such after seeking opinions from the Seoul Metropolitan Council and deliberation by the Construction Policy Committee after a public hearing and residents' inspection.
(3) The Mayor shall publicize the master construction plan confirmed under paragraph (2) in the official gazette of the Seoul Metropolitan Government (hereinafter referred to as the "Official Gazette").

Article 5 (Details of Master Construction Plan) The following matters shall be included in a master construction plan:
1. Matters concerning the present status, circumstantial changes and prospects of construction;
2. The basic objective and direction of the promotion of construction policies;
3. Measures for the development and support of construction;
4. Matters concerning the preservation and management of excellent buildings or the space environment;
5. Matters concerning the preservation and promotion of traditional Korean-style houses;
6. Matters concerning the maintenance and management of public space;
7. Matters concerning the realization of policies referred to in Articles 7 through 9 of the Act;
8. Matters concerning a resident participation plan, such as the establishment of an autonomous residents' organization and support in the operation thereof for the promotion of architectural culture, etc.;
9. Other matters the Mayor deems necessary for the promotion of architectural culture and the improvement of buildings and the space environment.

Article 6 (Insignificant Changes in Master Construction Plan) "Insignificant matters prescribed by Ordinance" in Article 4 (2) of the Enforcement Decree of the Framework Act on Building (hereinafter referred to as the "Decree") means the following:
1. Matters falling under subparagraph 1, 6, 8 or 9 of Article 5;
2. Other matters deemed not to have major influence on the basic direction of the relevant plan by the Construction Policy Committee.

Article 7 (Reflection of Master Construction Plan) Where the Mayor or the head of a Gu intends to formulate or amend any kind of plan on construction, he/she shall reflect a master construction plan therein.

Article 8 (Research on Materials, etc.) (1) The Mayor may research materials, etc. necessary for the formulation of a master construction plan, deliberation by the Construction Policy Committee, and the execution of matters prescribed by the Act, the Decree and the Ordinance, such as public space and the lifetime management of buildings, etc.
(2) For research on materials, etc. under paragraph (1), the Mayor may request the head of a Gu, the head of a corporation or industrial complex established by the Metropolitan Government or a Gu (referring to "autonomous Gu"; hereinafter the same shall apply) in accordance with the Local Public Enterprises Act, the head of a nonprofit corporation funded by the Metropolitan Government or a Gu, or the head of an organization over which the Mayor or the head of a Gu has the authority of supervision (hereinafter referred to as "head of a related organization") to submit necessary materials or opinions, or request them to research some of them directly.

CHAPTER Ⅲ CONSTRUCTION POLICY COMMITTEE Article 9 (Establishment, etc. of Construction Policy Committee) (1) A Construction Policy Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Mayor for deliberation of important policies in the field of construction of the Metropolitan Government, coordination or recommendation of construction policies among Gus or related departments, and deliberation or execution of other matters prescribed by the Act or the Decree.
(2) Where necessary, the Committee may form subcommittees to have them conduct or research and report the relevant business.
(3) The Committee may establish and operate an advisory group to consult on professional and technical matters.

Article 10 (Functions of Committee) The Committee shall deliberate on the following matters:
1. Matters concerning the formulation and execution of a master construction plan;
2. Matters concerning improvement in architectural administration;
3. Matters concerning projects and activities for the creation of the foundation of architectural culture;
4. Matters concerning financial support for the promotion of architectural culture referred to in Article 24;
5. Matters concerning designation, etc. of a pilot project of architectural design referred to in Article 31;
6. Other matters the Mayor requests for improvement of buildings and the space environment, such as public space and the lifetime management of buildings, and for the promotion of architectural culture.

Article 11 (Formation of Committee) (1) The Committee shall be comprised of not more than 30 members, including a chairperson and a vice chairperson.
(2) The Mayor shall appoint or commission the chairperson from among its members and the vice chairperson shall be elected by the Committee from among its members.
(3) The Mayor shall appoint or commission members from among the following persons:
1. Members of the Seoul Metropolitan Council;
2. Public officials designated by the Mayor;
3. Persons who have knowledge of and expertise in the relevant field, such as architecture, city, and culture.

Article 12 (Term of Office of Members) (1) The term of office of a member shall be two years, and a commissioned member may be recommissioned.
(2) The term of office of a member who fills a vacancy shall be the remaining term of his/her predecessor.
(3) The term of office of a member appointed or commissioned with a position designated shall be the term during which he/she holds such a position.

Article 13 (Duties of Chairperson) (1) The chairperson of the Committee shall represent the Committee, preside over its meetings as the chairperson, and exercise the overall control of its affairs.
(2) Where the chairperson is unable to perform his/her duties due to extenuating circumstances, the vice chairperson shall perform duties of the chairperson on behalf of him/her, and where the vice chairperson is unable to attend a meeting, a member designated by the chairperson in advance or in order of seniority shall perform duties of the chairperson on behalf of him/her.

Article 14 (Operation of Committee) (1) The chairperson shall convene a meeting of the Committee.
(2) A meeting of the Committee shall open with the attendance of a majority of all incumbent members and pass a resolution with a concurrent vote of a majority of those present: Provided, That a member who fails to participate in deliberation pursuant to Article 18 shall be excluded from the number of incumbent members.
(3) Where the chairperson deems it necessary, the Committee may deliberate and make a resolution in writing.

Article 15 (Administrative Secretary, etc.) (1) The Committee shall have an administrative secretary to handle its administrative affairs, and the head of a section (officer) in charge shall be the administrative secretary.
(2) The administrative secretary may have a public official under his/her jurisdiction carry out necessary business.

Article 16 (Formation, etc. of Subcommittees) (1) A subcommittee shall be comprised of at least three members, but not more than seven members, including one chairperson.
(2) The chairperson of the Committee shall designate the chairperson and members of a subcommittee from among members of the Committee.

Article 17 (Keeping of Minutes, etc.) (1) The Committee shall prepare and retain minutes and written resolutions stating each of the following:
1. The date and time and venue for a meeting;
2. The names of members present at a meeting;
3. Matters deliberated upon;
4. The result of deliberation;
5. Other matters the Committee deems necessary.
(2) The Committee may have a stenographer prepare the minutes.

Article 18 (Exclusion, Recusal and Abstention of Members) (1) Where a member falls under any of the following cases, he/she shall be excluded from deliberation by the relevant Committee:
1. Where the member or his/her current or former spouse is the person concerned, or a joint obligee or joint obligor on the relevant issue;
2. Where the member is or was in a kinship relation with the applicant for the relevant issue;
3. Where the commissioned member has given witness, appraised, provided legal advice, adjusted loss or performed services concerning the relevant issue or has participated therein;
4. Where the member has participated in services, legal advice or appraisal concerning the relevant issue before he/she becomes a commissioned member;
5. Where the commissioned member participates or participated in the relevant issue as a proxy of the applicant.
(2) Where there exist extenuating circumstances that make it difficult to expect fairness from a member, an interested party to deliberation by the Committee may request recusal of such member to the chairperson.
(3) Where any ground referred to in paragraph (1) or (2) accrues to a member, the member may abstain from the deliberation of the relevant issue of his/her own accord.

Article 19 (Confidentiality) No member of the Committee or person who has attended a meeting of the Committee or participated in the business thereof shall disclose confidential information he/she has learned in the course of performing his/her duties.

Article 20 (Request for Cooperation to Related Agencies, etc.) (1) Where the Committee deems it necessary for carrying out its business affairs, it may have a related public official or related person attend a meeting of the Committee to seek his/her opinion or request him/her to submit materials.
(2) Where necessary, a member may visit the relevant site and conduct on-site inspections subject to resolution by the Committee.

Article 21 (Commissioning of Investigation or Research) (1) Where necessary, the Committee may commission a related expert or related agency or organization to carry out investigation or research.
(2) Where the Committee commissions investigation or research pursuant to paragraph (1), it may pay necessary expenses within budgetary limits.

Article 22 (Allowances, etc.) The Mayor may reimburse members who attend a meeting of the Committee and persons who attend a meeting of the Committee at the request of the Committee for allowances, travel expenses and other necessary expenses, within budgetary limits.

Article 22-2 (Reporting of Policies on Construction to Metropolitan Council) (1) The Mayor shall prepare a report on the establishment and implementation of major policies on building works on a two-year basis, seeking opinions thereon from the Construction Policy Committee of the Metropolitan Government, and shall submit the report to the competent Standing Committee of the Metropolitan Council.
(2) The report set forth in paragraph (1) shall include the following matters:
1. Matters concerning the establishment and implementation of a master construction plan and the performance thereof;
2. Matters concerning the improvement of systems for the creation of a foundation for architectural culture;
3. Matters concerning measures and programs for the promotion of architectural culture and financial assistance therein;
4. Other important matters concerning construction, subject to deliberation by the Committee under Article 10.
[This Article Newly Inserted by Ordinance No. 5227, Jan. 5, 2012]

Article 23 (Detailed Operating Rules) The chairperson shall determine matters necessary for the operation of the Committee or the advisory group not prescribed in this Ordinance and the Seoul Metropolitan Government Ordinance on Building, following the resolution by the Committee.

CHAPTER Ⅳ PROMOTION OF ARCHITECTURAL CULTURE Article 24 (Financial Support, etc. for Promotion of Architectural Culture) (1) The Mayor may subsidize or lend money incurred in the following projects for improvement of buildings and the space environment, such as public space and the lifetime management of buildings, and for the promotion of architectural culture:
1. Projects prescribed in the subparagraphs of Articles 20 and 22 (1) of the Act;
2. Other projects the Mayor deems necessary.
(2) A person who intends to obtain financial support, etc. shall file an application for support with the Mayor according to the procedure and methods prescribed by Rules.
(3) Upon receipt of an application for support pursuant to paragraph (2), the Mayor shall decide whether to support it, following deliberation by the Committee and notify the applicant of the result thereof.
(4) Where necessary, the Mayor may modify details of an application, etc. with the applicant before he/she makes a decision pursuant to paragraph (3).

Article 25 (Securing of Funds) The Mayor may secure funds necessary for improvement of buildings and the space environment, such as public space and the lifetime management of buildings, and for the promotion of architectural culture.

Article 26 (Applications for Support Funds and Payment thereof, etc.) (1) A person notified of a decision of financial support pursuant to Article 24 shall file an application for support funds with the Mayor, as prescribed by Rules.
(2) Where the Mayor receives an application pursuant to paragraph (1), he/she shall pay support funds once each quarter according to the procedure and methods of payment prescribed in Rules.

Article 27 (Interest Rates on Loans and Repayment thereof, etc.) (1) The interest rates, conditions of support, methods of repayment, etc. of loans as part of the financial support described in Article 24 shall be prescribed by Rules, in consideration of the period of a project, interest rates of a financial institution, etc.
(2) The date of repayment of a loan referred to in paragraph (1) shall be the end of each quarter: Provided, That in cases of 4/4 quarter, it shall be December 20.
(3) The Mayor may take necessary measures for financial management and preservation of claims.

Article 28 (Reporting on Projects) (1) Where a person who receives support pursuant to Article 24 intends to commence a project, he/she shall report the commencement of the project to the Mayor by not later than seven days before the commencement thereof, as prescribed by Rules.
(2) When a person who has been given subsidies as part of the financial support falls under any of the following cases, he/she shall submit a report on the actual result of the relevant project to the Mayor within one month therefrom:
1. When he/she completes the project;
2. At each fiscal year-end;
3. When the suspension or discontinuance of the project is decided upon.
(3) Each of the following documents shall be attached to the report of the actual result of a project referred to in paragraph (2):
1. The present status of the project;
2. The actual outcomes of the promotion of the project;
3. Details of the execution and settlement of working expenses;
4. Details of his/her own assessment;
5. Other documents determined by the Mayor.

Article 29 (Guidance and Supervision) (1) In order to effectively push forward a project, efficiently manage and spend support funds, etc., the Mayor may request the persons concerned, such as a project developer and contractor, to report necessary matters, such as the present status of the project or the execution of funds, or to submit related materials, and have a public official under his/her jurisdiction or a person he/she designates check and inspect his/her business affairs through books, documents, etc. at his/her office or place of work.
(2) Where the Mayor finds unjust matters, such as a violation of any Act or subordinate statute or the conditions of support, and falsehood in details of an application, he/she may take necessary measures, such as directing the persons concerned to submit materials or take corrective measures.
(3) Where a person who has received financial support falls under any of the following cases, the Mayor may take necessary measures, such as the cancellation or withdrawal of a decision to support, reservation or suspension of support, and recovery of support funds already paid:
1. Where he/she violates any Act or subordinate statute or the conditions of financial support;
2. Where he/she files an application in a deceitful or unlawful means;
3. Where he/she is unable to use land or facilities previously arranged in a project plan;
4. Where a project developer fails to raise funds for the part other than the part covered with support funds, etc., of such money incurred in relation to the project;
5. Where a project developer fails to perform the whole or part of a project without justifiable grounds;
6. Other grounds prescribed by Rules.

Article 30 (Establishment, etc. of Standards for Architectural Design) (1) Where the Mayor separately determines standards for architectural design pursuant to Article 21 (3) of the Act, he/she shall include the following matters therein:
1. Matters concerning the establishment of an architectural design system that can improve Seoul's competitiveness;
2. Matters concerning the objectives of standards for architectural design and applicable objects thereof;
3. Matters concerning the securing of effectiveness of standards for architectural design;
4. Other matters the Mayor deems necessary.
(2) Where the Mayor determines or amends standards for architectural design pursuant to paragraph (1), he/she shall confirm the standards for architectural design subject to deliberation by the Construction Policy Committee after a debate among experts and a public hearing: Provided, That where the standards for architectural design are modified due to any of the following reasons, he/she may omit the debate and the public hearing, and modify the standards for architectural design subject to deliberation by the Construction Policy Committee:
1. Any amendment to this Ordinance or related Acts and subordinate statutes;
2. Where a reasonable reason for modification arises in the process of management, such as maintenance of unity and consistency, due to a change in social circumstances or a modification in an upper plan or a related plan.
(3) When the Mayor has confirmed standards for architectural design, he/she shall publicize the same in the Official Gazette.

Article 31 (Execution, etc. of Pilot Project of Architectural Design) (1) Where a private business owner intends to obtain designation of a project he/she is promoting himself/herself as a pilot project, he/she shall file a request of designation as a pilot project with the Mayor, as prescribed by Rules.
(2) Where the Mayor designates a project as a pilot project, he/she may request the relevant private business owner to submit materials, issue a remedial order, conduct on-site inspections, and take other necessary measures.
(3) The procedures for and methods of designation, such as designation as a pilot project, and the extent of support, shall be prescribed by Rules.

Article 32 (Architectural Design Coordination Committee) (1) The Construction Policy Committee shall determine matters necessary for the formation and operation of the Architectural Design Coordination Committee pursuant to Article 20 (3) of the Decree.
(2) Matters concerning design determined by the Architectural Design Coordination Committee shall be deemed to have been deliberated upon by the Construction Policy Committee.

Article 33 (Establishment, etc. of Seoul Architecture Forum) (1) The Mayor may establish the Seoul Architecture Forum (hereinafter referred to as the "Forum") to support or promote policies related to construction by establishing a collaboration system with the private sector.
(2) The Forum shall be a nonprofit incorporated association under the Civil Act.
(3) The Forum shall be comprised of members who are private experts in construction and common people interested in construction.
(4) The Forum shall perform the following projects for the promotion of architectural culture:
1. Research, development and support of policies related to construction;
2. Assessment and proposals on plans or policies of the Metropolitan Government related to construction;
3. Public relations activities, such as the publication and distribution of materials for enhancing awareness of citizens;
4. Holding seminars, debates, etc. for the development of policies;
5. Other projects prescribed by the articles of association to realize the objectives and the basic concept of the Act.
(5) Other necessary matters concerning the formation and operation of the Forum shall be prescribed by the articles of association.

Article 34 (Support to Forum) The Mayor may subsidize expenses incurred in the operation of the Forum and the promotion of its projects within budgetary limits.

Article 35 (Commissioning or Entrustment of Business Affairs, etc.) (1) The Mayor may commission the head of a Gu to carry out the following projects concerning the improvement of buildings and the space environment and the promotion of architectural culture, or entrust the same to the head of a related organization:
1. Matters concerning the management of public space referred to in subparagraph 1 of Article 2;
2. Matters concerning the lifetime management of buildings referred to in subparagraph 2 of Article 2;
3. Execution of projects referred to in the subparagraphs of Article 24 (1).
(2) The Mayor may entrust a financial institution with the following business affairs concerning support funds:
1. Matters concerning payment and recovery of support funds;
2. Matters concerning preservation of claims on support funds;
3. Other matters prescribed by Rules.
(3) The Seoul Metropolitan Government Ordinance on Entrustment of Business and the Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector shall apply mutatis mutandis to the commissioning or entrustment of business affairs.

ADDENDUM <Ordinance No. 4996, Jul. 15, 2010>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5227, Jan. 5, 2012>
This Ordinance shall enter into force on the date of its promulgation.