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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON ESTABLISHMENT AND OPERATION OF SOCIAL WELFARE FACILITIES

Article 1 (Purpose)
The purpose of this Ordinance is to enable citizens who require social welfare to lead a humane life by prescribing matters necessary for the establishment and operation of social welfare facilities.

Article 2 (Definitions)
The definitions of terms used in this Ordinance shall be follows:

1. The term "social welfare facilities" means facilities related to welfare of aged or disabled persons or children, social welfare centers and shelters for vagrants and homeless people established by the Seoul Metropolitan City (hereinafter referred to as the "City") for the purpose of conducting social welfare services under subparagraph 1 of Article 2 of the Social Welfare Services Act; <Amended on Mar. 8, 2007>

2. The term "persons who require social welfare" means persons entitled to protection in accordance with Acts referred to in each item of subparagraph 1 of Article 2 of the Social Welfare Services Act. <Amended on May 4, 2006; Mar. 8, 2007; Oct. 1, 2007>

Article 3 (Establishment, etc.)
Names, locations and principal functions of social welfare facilities established and operated in accordance with this Ordinance shall be as detailed in the attached Table.

Article 4 (Scope of Application)
Except as expressly provided for in other Acts and subordinate statutes and ordinances, this Ordinance shall apply to the establishment and operation of social welfare facilities.

Article 5 (Qualifications for Users)
(1) A person who is entitled to use social welfare facilities shall be registered with the City as a resident as of the date he/she uses the social welfare facilities and actually require social welfare, and shelters for vagrants and homeless people shall be used by vagrants and homeless people in the administrative districts of the City: Provided, That this shall not apply to sales facilities of products made by disabled persons. <Amended on Mar. 8, 2007>

(2) For social welfare facilities established in an area other than the administrative districts of the Seoul Metropolitan City, the Seoul Metropolitan City Mayor (hereinafter referred to as the "Mayor") may permit residents of such area to use the facilities in consultation with the head of a local government having jurisdiction over the relevant area. <Amended on Oct. 1, 2007>

Article 6 (Entrustment of Management and Operation)
(1) The Mayor may entrust a social welfare corporation or non-profit corporation with the management and operation of social welfare facilities for the efficient operation of social welfare facilities.

(2) Where the Mayor entrusts the management and operation of social welfare facilities under paragraph (1), he/she shall publicly announce the following matters by using media of public relations, such as a metropolitan gazette, daily newspaper, etc.: <Amended on Mar. 8, 2007>

1. The location and name of social welfare facilities which he/she entrusts;

2. The name and representative of the person who is entrusted with the management and operation of social welfare facilities;

3. The period of entrustment;

4. Affairs subject to entrustment and the main contents thereof.

(3) Articles 7 through 19 of Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector shall apply mutatis mutandis to necessary matters, such as necessary procedure, method, etc., for entrustment of the management and operation of social welfare facilities under paragraph (1). <Amended on May 4, 2006; May 29, 2008>

Article 7 (Selection of Trustee)
The Mayor may determine separate standards for selection of a trustee, in addition to the matters prescribed by Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector under Article 6 (3), in consideration of efficiency in the management and operation of social welfare facilities and characteristics of social welfare facilities. <Amended on May 4, 2006>

Article 8 (Management, etc. of Facilities)
Where the period of entrustment of the management and operation of social welfare facilities expires or the Mayor cancels entrustment relation, he/she shall take necessary measures for reinstatement thereof, etc. for the management of the relevant social welfare facilities.

Article 9 (Enforcement Rules)
Necessary matters concerning the enforcement of this Ordinance shall be prescribed by the Rules.