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SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON ESTABLISHMENT AND OPERATION OF CLIMATE CHANGE FUND

Article 1 (Purpose) The purpose of this Rule is to prescribe the matters authorized under the Seoul Metropolitan Government Ordinance on Establishment and Operation of Climate Change Fund and the matters necessary for the implementation thereof.

Article 2 (Entrustment of Management of Fund) (1) The Seoul Metropolitan City Mayor (hereinafter referred to as the "Mayor") may designate and entrust a financial institution, corporation, organization, etc., which conducts business affairs relevant to the purpose of the Seoul Metropolitan Climate Change Fund (hereinafter referred to as the "Fund") with parts of the duties related to the operation and management of the Fund under Article 7 (5) of the Seoul Metropolitan Government Ordinance on Establishment and Operation of Climate Change Fund (hereinafter referred to as the "Ordinance"). <Amended by Rule No. 3960, Apr. 3, 2014>
(2) Where the Mayor entrusts the operation and management of the Fund to a financial institution, he/she shall lend the Fund to the financial institution at a lending rate which shall be lower than a loan interest rate by not more than one percent. <Amended by Rule No. 3960, Apr. 3, 2014>
(3) A financial institution entrusted with the operation and management of the Fund shall submit a bond of debt to the Mayor in accordance with Form 1 of Accompanying Paper. <Amended by Rule No. 3960, Apr. 3, 2014>

Article 2-2 (Inspection, etc. of Entrusted Duties) (1) A financial institution entrusted with the operation and management of the Fund shall submit a report on the operation and management conditions of the Fund to the Mayor in accordance with Form 2 of Accompanying Paper by the tenth day of the following month.
(2) A corporation or organization entrusted with the operation and management of the Fund shall submit a report on the operation and management conditions of the Fund to the Mayor at least once per year.
(3) For the efficient conduct of a project and for the management of the Fund, the Mayor may demand the submission of necessary materials from an entrusted institution or have public officials under his/her control inspect relevant matters, and an entrusted institution shall comply with it.
[This Article Newly Inserted by Rule No. 3960, Apr. 3, 2014]

Article 3 (Persons Eligible for Financing or Financial Aid) The Mayor shall determine persons eligible for financing or financial aid referred to in Article 6 (1) of the Ordinance in consideration of the nature of a project, financial ability of a person eligible for financing or financial aid, etc. In such cases, the Mayor shall publicly announce a supporting plan, such as the method of and procedure for selection of persons eligible for financing or financial aid.

Article 4 (Application for Loan) A person who intends to obtain a loan under Article 6 (1) of the Ordinance shall file an application for a loan in Form 3 along with documents listed in the same with the Mayor, and a person who intends to obtain a loan under Article 6 (2) of the Ordinance shall file an application for a loan in Forms 4 and 5 along with documents listed in the same with the Mayor respectively. <Amended by Rule No. 3960, Apr. 3, 2014>

Article 5 (Determination on Financing) (1) When the Mayor receives an application for a loan under Article 4, he/she shall examine appropriateness of the relevant project, etc. and then determine whether to provide financing and the amount of a loan. In such cases, the Mayor shall determine the examination standards in consideration of special characteristics of a project.
(2) The Mayor shall notify an applicant for a loan, financial institution, etc, of determinations referred to in paragraph (1) within 20 days from the date he/she receives an application: Provided, That where the deliberation of the Fund Operation Deliberative Committee prescribed by Article 8 of the Ordinance is required or there are unavoidable circumstances, the period of notification may be extended to not more than 25 days.

Article 6 (Conditions of Loan) The maximum amount of a loan and conditions of a loan, etc. under Article 6 (4) of the Ordinance shall be as set out in the Table. <Amended by Rule No. 3960, Apr. 3, 2014>

Article 7 (Overdue Interest Rate) Where a person who obtains a loan from the Fund falls behind in repayment of the relevant loan, the overdue interest rate of a general loan of a financial institution designated as the municipal treasury shall apply.

Article 8 (Change in Project Plan) Where there is a change in the address or a project plan, etc. of a person who has obtained a loan from the Fund, he/she shall notify the head of a financial institution of such a change without delay and take the necessary measures, such as return of a loan, etc. according to the change in the project plan, and the head of the relevant financial institution shall notify the Mayor of the details thereof within seven days from the date he/she is notified.

Article 9 (Submission of Materials) The Mayor may request a person who obtains a loan pursuant to Article 6 (2) of the Ordinance to submit documents falling under the following subparagraphs:
1. Specifications and drawings of construction works;
2. A statement of accounts of construction expenses;
3. A certificate of supervision of construction issued by the Korea Gas Safety Corporation.

Article 10 (Application for Financial Aid) An individual, corporation, or organization intending to receive financial aid from the Fund under Article 6 of the Ordinance shall file an application for financial aid from the Fund in Form 6 along with documents listed in the same with the Mayor. <Amended by Rule No. 3960, Apr. 3, 2014>

Article 11 (Determination for Financial Aid) (1) When an application for financial aid under Article 10 is filed, the Mayor shall investigate and examine the matters referred to in the following subparagraphs and then determine whether to give such financial aid: <Amended by Rule No. 3960, Apr. 3, 2014>
1. Appropriateness of the use;
2. Appropriateness of a project to be aided;
3. Appropriateness of the calculation of the amount;
4. Ability of bearing internal funds;
5. Ability of performing a project;
6. Record of performance of related projects.
(2) The Mayor shall notify an applicant for financial aid, financial institution, etc. of determinations referred to in paragraph (1) within 20 days from the date he/she receives an application: Provided, That where the deliberation of the Fund Operation Deliberative Committee prescribed by Article 8 of the Ordinance is required or there are unavoidable circumstances, the period of notification may be extended to not more than 25 days.

Article 12 (Submission of Statement of Accounts) (1) A person who has obtained a subsidy shall submit a report of the result of the relevant project and a statement of accounts to the Mayor within 30 days after the project is completed.
(2) A person who has obtained a subsidy shall return the balance of the subsidy to the Mayor when he/she submits a statement of accounts.

Article 13 (Suspension of Making of Loan or Subsidy and Collection thereof) Where a person who has obtained a loan or has been subsidized from the Fund falls under any of the following subparagraphs, the Mayor may suspend aid from the Fund or collect a loan or subsidy:
1. Where he/she has obtained a loan or has been subsidized by false or unjust means;
2. Where he/she uses money for a use other than the intended purpose;
3. Where he/she gives up a project;
4. Where he/she fails to start a project within the designated period without justifiable grounds;
5. Where he/she violates related Acts and subordinate statutes and municipal regulations, etc.

Article 14 (Interest Rate Applicable to Unlawful Use of Loan or Subsidy) The term "interest rate prescribed by Rule" in Article 14 of the Ordinance means applying the overdue interest rate under Article 7 from the time of the unlawful use. <Amended by Rule No. 3960, Apr. 3, 2014>

ADDENDUM
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Mar. 30, 1993>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Rule No. 2743, Mar. 20, 1996>
(1) (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Loan)
The lending rate prescribed by this Rule shall apply beginning with repayments made in April 1996 for loans already made from the Seoul Metropolitan City Gas Project Fund before this Rule enters into force.
ADDENDUM <Rule No. 3058, Oct. 5, 1999>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Rule No. 3103, Mar. 25, 2000>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Rule No. 3134, Sep. 15, 2000>
(1) (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Lending Interest rate)
The previous lending rate shall apply to loans already made from the Seoul Metropolitan City Gas Project Fund before this Rule enters into force.
ADDENDA <Rule No. 3236, Feb. 5, 2002>
(1) (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Existing Lending Rate)
The previous provisions shall apply to the balance of a loan made from the Seoul Metropolitan City Gas Project Fund before this Rule enters into force, but the lending rate at 6.5 percent per annum shall apply from March 1, 2002.
ADDENDUM <Rule No. 3521, Nov. 30, 2006>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Rule No. 3618, Apr. 17, 2008>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Rule No. 3711, Dec. 10, 2009>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Rule No. 3960, Apr. 3, 2014>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Rule No.3431, May 28, 2015>
This Rule shall enter into force on the date of its promulgation.