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SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON THE INSTALLATION AND OPERATION OF PUBLIC FACILITIES IN HANGANG PARK

Article 1 (Purpose) The purpose of this Rule is to provide for matters delegated by the Seoul Metropolitan Government Ordinance on the Installation and Operation of Public Facilities in Hangang Park and matters necessary for the implementation thereof. <Amended by Enforcement Rule No. 3361, Nov. 15, 2003; Enforcement Rule No. 3548, Apr. 26, 2007; Enforcement Rule No. 3734, Feb. 25, 2010>

Article 2 (Publication) Where the director of the Hangang Project Headquarers of the Seoul Metropolitan Government (hereinafter referred to as the "Director") intends to select a person who will operate public facilities on commission by an open competitive tender pursuant to Article 4 of the Seoul Metropolitan Government Ordinance on the Installation and Operation of Public Facilities in Hangang Park (hereinafter referred to as the "Ordinance"), he/she shall publicize such on the official gazette of the Seoul Metropolitan Government or a daily newspaper. <Amended by Enforcement Rule No. 3361, Nov. 15, 2003; Enforcement Rule No. 3522, Jan. 2, 2007; Enforcement Rule No. 3548, Apr. 26, 2007; Enforcement Rule No. 3734, Feb. 25, 2010>

Article 3 (Subcontract Agreement) (1) Where the Director commissions any person to manage and operate public facilities, he/she shall execute a subcontract agreement including each of the following with such person: <Amended by Enforcement Rule No. 3548, Apr. 26, 2007; Feb. 25, 2010>
1. The name and address of the person who will operate public facilities on commission and the commissioning period;
2. Affairs to be commissioned and the details thereof;
3. Matters concerning revenue and operating expenses;
4. Duties of the person who will operate public facilities on commission and matters he/she shall comply with;
5. Matters concerning the safety control of facilities;
6. Other matters the Director deems necessary. <Amended by Enforcement Rule No. 3548, Apr. 26, 2007; Enforcement Rule No. 3734, Feb. 25, 2010>

Article 4 (Collection of Service Charges, etc.) (1) The service charges and opening hours of public facilities in Hangang Park pursuant to Article 5 (1) of the Ordinance shall be as set out in Table 1. <Newly Inserted by Enforcement Rule No. 3734, Feb. 25, 2010>
(2) The service charges pursuant to paragraph (1) shall be collected at the time of application for use of the relevant public facilities: Provided, That this shall not apply to cases where a motor vehicle is parked in parking facilities on an hourly basis. <Amended by Enforcement Rule No. 3734, Feb. 25, 2010>
(3) Where the management and operation of public facilities is commissioned to any person, such person shall issue passes and collect service charges for the relevant public facilities. <Amended by Enforcement Rule No. 3734, Feb. 25, 2010>

Article 5 (Reduction and Exemption of Service Charges) The extent of reduction and exemption of service charges for public facilities pursuant to Article 5 (3) of the Ordinance shall be as set out in Table 2. <Amended by Enforcement Rule No. 3734, Feb. 25, 2010>

Article 6 (Details of Implementation of Quantity-Based System) (1) The standard garbage bags for Hangang Park shall be classified into standard garbage bags for general wastes in which wastes on the quantity-based system are placed and standard garbage bags for public use in which wastes gathered by joint cleaning. <Newly Inserted by Enforcement Rule No. 3734, Feb. 25, 2010>
(2) The Director may use the required quantity of standard garbage bags for public use if necessary for joint cleaning. <Newly Inserted by Enforcement Rule No. 3734, Feb. 25, 2010>
(3) Each person who discharges wastes on the quantity-based system shall directly purchase a standard garbage bag from a store designated by the Director (hereinafter referred to as "bag selling store") and use such bag. In such cases, the prices of standard garbage bags shall be as set out in Table 3. <Newly Inserted by Enforcement Rule No. 3734, Feb. 25, 2010>
(4) The Director shall supply bag selling stores with standard garbage bags for general wastes among standard garbage bags. In such cases, he/she may give a sales profit to a bag dealer. <Newly Inserted by Enforcement Rule No. 3734, Feb. 25, 2010>
(5) Each bag dealer shall comply with the following: <Newly Inserted by Enforcement Rule No. 3734, Feb. 25, 2010>
1. He/she shall secure the sufficient quantity of standard garbage bags by kind and by volume;
2. He/she shall attach a sign of designation and the standard price list designated by the Director;
3. He/she shall not display or sell counterfeit or unauthorized bags;
4. He/she shall report when he/she finds an illegal act, such as distribution of counterfeit bags, etc.;
5. He/she shall pay for standard garbage bags not later than the due date for payment;
6. Where a purchaser requests refund for an unused standard garbage bag, he/she shall refund the relevant amount;
7. Other administrative instructions.
(6) The Director shall take proper measures against a bag selling store which has violated any matter to be complied with under the subparagraphs of paragraph (5). <Newly Inserted by Enforcement Rule No. 3734, Feb. 25, 2010>

Article 7 (Evacuation at Time of Various Disasters) Where commissioned facilities, etc. are likely to be lost or destroyed due to a disaster, such as a flood, the person who operates such facilities on commission shall move the relevant facilities, etc. to a safe place. <Amended by Enforcement Rule No. 3734, Feb. 25, 2010>

Article 8 (Hangang Conservation Advisory Council) (1) Where the Director formulates a master plan and basic policies for the conservation and control of the Hangang, he/she may seek advice and suggestions from the Hangang Conservation Advisory Council (hereinafter referred to as the "Advisory Council") comprised of the following persons: <Amended by Enforcement Rule No. 3548, Apr. 26, 2007; Enforcement Rule No. 3582, Oct. 1, 2007>
1. Councilors of the Seoul Metropolitan Council;
2. Relevant public officials of the Seoul Metropolitan Government;
3. University professors, experts or persons working for environmental organizations, etc. with considerable knowledge and experience in rivers;
4. Other persons the Director deems necessary. <Amended by Enforcement Rule No. 3582, Oct. 1, 2007; Enforcement Rule No. 3734, Feb. 25, 2010>
(2) The Advisory Council shall be comprised of not more than 20 members, including one chairperson and one vice chairperson, and the chairperson and vice chairperson shall be elected by and from among its members. <Newly Inserted by Enforcement Rule No. 3582, Oct. 1, 2007>
(3) The term of office of a member shall be two years, which shall be renewed consecutively. <Newly Inserted by Enforcement Rule No. 3582, Oct. 1, 2007>
(4) An allowance may be reimbursed to a person who attends a meeting of the Advisory Council within budgetary limits. <Amended by Enforcement Rule No. 3582, Oct. 1, 2007>

Article 9 (Preparation, etc. of Ledger for Management of Facilities) (1) The Director shall prepare and manage a ledger for management of facilities (Form) to maintain the safety and functions of public facilities. <Amended by Enforcement Rule No. 3548, Apr. 26, 2007>
(2) The Director shall make a regular and occasional round of inspection of public facilities and take necessary measures, such as replacement, restoration, removal, paining, etc., where public facilities are damaged or destroyed. <Amended by Enforcement Rule No. 3548, Apr. 26, 2007; Enforcement Rule No. 3734, Feb. 25, 2010>

Article 10 (Detailed Guidelines) The Director shall separately determine other necessary matters concerning the management of public facilities. <Amended by Enforcement Rule No. 3548, Apr. 26, 2007; Enforcement Rule No. 3734, Feb. 25, 2010>