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SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON PUBLIC PROPERTY AND COMMODITY MANAGEMENT

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Rule is to provide for matters necessary for the implementation of the Seoul Metropolitan Government Ordinance on Public Property and Commodity Management. <Amended by Rule No. 3424, Apr. 16, 2015>
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 2 (Designation of Coordinator and Managers for Property and Commodity Management) (1) The Coordinator of Property and Commodity Management under Article 2 of the Seoul Metropolitan Government Ordinance on Public Property and Commodity Management (hereinafter referred to as the "Coordinator") shall coordinate administrative affairs related to the management of public property and commodities of the Seoul Metropolitan Government, and the Deputy Coordinator shall assist the Coordinator. <Amended by Rule No. 3424, Apr. 16, 2015>
(2) Property owned by the Seoul Metropolitan Government shall be managed by the following persons (hereinafter referred to as "property manager"): <Amended by Rule No. 3424, Apr. 16, 2015>
1. Administrative property used in the Seoul Metropolitan Government: The Director of the Division in charge of the use;
2. Administrative property used in each agency or affiliate office under the direct control of the Seoul Metropolitan Government: The head of the agency or affiliate office;
3. Administrative property, except those used in the Seoul Metropolitan Government and agencies and affiliate offices under its direct control: The director of the competent division;
4. General property managed for raising financial resources for a specific purpose and land remaining as a result of the acquisition of land for a public purpose: The director of the competent division;
5. Administrative property used in the Seoul Metropolitan Council: The Secretary- General of the Seoul Metropolitan Council;
6. General property and preservation property in general accounts, except those under subparagraphs 1 through 5: The Director of City Asset Management Division;
7. Property in special accounts (administrative and general property): The director of the competent division.
(3) Property owned by the Seoul Metropolitan Government under paragraph (2) 2 shall be controlled and supervised by the director of the competent division of the Seoul Metropolitan Government.
(4) The Coordinator may designate a property manager, if he/she considers it particularly necessary for any property owned by the Seoul Metropolitan Government whose manager does not exist or is unclear, or any disused property of the Seoul Metropolitan Government.
(5) A person responsible for commodity management in each agency (division) shall be designated in attached Form 1, while an assistant coordinator, commodity manager, commodity operator, or commodity receipt and delivery officer (or assistant officer) shall be separately designated by the head of an agency (division), if the agency has not designated such officer or the agency manages any extraordinary commodity, applying mutatis mutandis the provisions of attached Form 1.
(6) Commodities related to a facility or administrative affair entrusted to the private sector shall be operated and managed under the responsibility of the operator of the entrusted facility or administrative affair, while the commodity operator shall control and supervise the operation and management thereof.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

CHAPTER II COMMON PROVISIONS CONCERNING PUBLIC PROPERTY Article 3 (Coordinator's Authority and Overall Control over Property) (1) The Coordinator shall classify types of property according to the nature of property and shall designate property managers.
(2) In order to ensure the appropriate management and disposition of property owned by the Seoul Metropolitan Government, the Coordinator may request a property manager to submit a report or data on the current status of the management of the Seoul Metropolitan Government-owned property under his/her jurisdiction and may have public officials under his/her supervision inspect the current status of the management or take other necessary measures.
(3) The Coordinator may order a property manager to discontinue or change the specific use of any property of the Seoul Metropolitan Government under his/her jurisdiction, to transfer such property to another property manager or to other account, or to convey the property to the Coordinator.
(4) The Coordinator may dispose of different property managed by property managers en bloc through a general competitive tender. In such cases, the conclusion of contracts for sale and purchase of such different property, except the land allotted in recompense for development outlay pursuant to Article 2 of the Seoul Metropolitan Government Ordinance on the Management of Land Allotted in Recompense for Urban Development Outlay, and the collection of proceeds from sale, shall be conducted by the competent property managers.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 4 (Property Managers' Responsibilities for Management) (1) A property manager of the Seoul Metropolitan Government-owned property shall be responsible for the maintenance, preservation, and handling of such property.
(2) If necessary for the efficient management of the property under his/her jurisdiction, a property manager may allocate his/her duty under paragraph (1) to public officials under his/her supervision.
(3) Each property manager shall register or record the property under his/her jurisdiction in the name of the Seoul Metropolitan Government and take other measures necessary for the preservation of rights to such property.
(4) Each property manager shall inspect and clarify the actual state of the property under his/her jurisdiction so as to make the current status of such property consistent with the entries in a property register, official cadastral records, and the public property register.
(5) Each property manager shall correctly understand the current status of the property under his/her jurisdiction and shall manage such property in good faith to prevent unauthorized occupancy or damage.
(6) A property manager may appoint custodians if necessary for the protection and management of the Seoul Metropolitan Government-owned property.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 5 (Allocation of Duties of Management) When a property manager allocates his/her duty to manage the Seoul Metropolitan Government-owned property pursuant to Article 4 (2), he/she shall submit a document describing the following matters to the Coordinator:
1. Descriptions of the subject matter;
2. The names and positions of the public officials to whom he/she intends to allocate his/her duty of management;
3. Reasons therefor;
4. Drawings and other necessary matters.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 6 (Functions of Public Property Deliberation Council) (1) The Public Property Deliberation Council of the Seoul Metropolitan Government (hereinafter referred to as the "Deliberation Council") shall deliberate on the following matters: <Amended by Rule No. 3424, Apr. 16, 2015; Rule No. 3452, Oct. 22, 2015>
1. Whether the acquisition or disposal of any property is proper;
2. The appraisal of the sale price, if property with a base price (hereinafter referred to as "base price") defined in Article 7 (7) of the Enforcement Decree of the Public Property and Commodity Management Act (hereinafter referred to as the "Decree") of at least 50 million won is sold by a free contract;
3. The gratuitous transfer of property between accounts under Article 12 of the Public Property and Commodity Management Act (hereinafter referred to as the "Act");
4. The change of a specific use or disuse under Article 11 of the Act and Article 8 of the Decree;
5. Where the area or base price of the relevant land or facility increases or decreases by more than 30 percent; or where the business purpose, use, or location of the land or facility is changed after the acquisition or disposition of such property is determined as proper by the Deliberation Council (which shall not apply to cases where the contract price is changed due to price fluctuation while a construction project is conducted);
6. Re-deliberation under Article 4 (6) of the Ordinance;
7. Determination on the method of the sale or lease of property entrusted for development under Article 48-4 of the Decree and the fee for the entrusted institution;
8. Other matters that a property manager considers necessary in connection with public property.
(2) Deliberation by the Deliberation Council may be omitted if a matter subject to deliberation under paragraph (1) falls under any of the following: <Amended by Rule No. 3424, Apr. 16, 2015>
1. Whether the acquisition or disposal of property under any subparagraph of Article 7 (3) of the Decree is proper;
2. Whether the acquisition or disposal of land smaller than the minimum subdivision area under Article 57 (1) of the Building Act is proper;
3. Where the acquisition or disposal of property with a base price of not more than 500 million won is proper;
4. The change of a specific use or disuse of any of the following property owned by the Seoul Metropolitan Government:
(a) Land (including buildings thereon; the same shall apply hereafter in this subparagraph) of not more than 660 square meters, in an area within Seoul Metropolitan City;
(b) Land of not more than 990 square meters, in an area outside Seoul Metropolitan City;
(c) The disuse of property, the disposal of which is compulsory pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works or any other Act.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 7 (Operation of Public Property Deliberation Council) (1) The chairperson of the Deliberation Council shall convene meetings of the Deliberation Council and shall preside over its meetings.
(2) A majority of the Deliberation Council shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present.
(3) The Deliberation Council shall have an executive secretary and an assistant secretary, both of whom shall be appointed by the chairperson from among public officials in the City Asset Management Division. <Amended by Rule No. 3424, Apr. 16, 2015>
(4) The executive secretary shall perform the administrative affairs of the Deliberation Council in compliance with the chairperson's orders, and the assistant secretary shall assist the executive secretary.
(5) Whenever a meeting is held, minutes of the meeting shall be prepared and kept, and signed by members present at the meeting.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 8 (Boundary Lines) Indestructible boundary signs shall be installed at places necessary for indicating boundary lines of the land owned by the Seoul Metropolitan Government.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 9 (Appointment of Custodians) When it is intended to appoint or replace a custodian pursuant to Article 4 (6), a document describing the following matters shall be submitted to the Mayor:
1. Descriptions of the subject matter;
2. The name, address, job title, age, and career of the custodian;
3. Reasons therefor;
4. Drawings and other necessary matters.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 10 (Transfer of Property between Accounts) When a property manager intends to transfer any property under the jurisdiction of another property manager between accounts, the property managers shall consult mutually thereon to transfer such property pursuant to Article 12 of the Act and shall report the results thereof to the Coordinator.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 11 (Application for Approval for Reclassification and Replacement of Property Managers) When a property manager intends to reclassify property or replace the property manager of any property under his/her jurisdiction, he/she shall consult in advance with the head of the division to which the property is to be transferred and shall file an application with the Coordinator, along with the following documents: <Amended by Rule No. 3424, Apr. 16, 2015>
1. An application for approval for the reclassification of property or the replacement of a property manager (attached Form 2);
2. A certified land use plan;
3. A certified transcript of the land register or the building register.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 12 (Fire Report) (1) When any property of the Seoul Metropolitan Government is damaged by a fire or any other accident, the property manager shall report it to the Mayor with the following documents:
1. A document describing the subject matter;
2. A document describing the causes of the fire;
3. A document describing the degree and amount of the damage;
4. A drawing clearly indicating damaged sections;
5. A written opinion on countermeasures.
(2) If emergency measures are required for a case under paragraph (1), necessary measures shall be taken and then reported.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 13 (Acceptance of Donated Property) (1) If a person intends to donate property with intent to have the property included in the Seoul Metropolitan Government-owned property pursuant to Article 5 (2) of the Decree, the competent property manager shall file an application with the Mayor, along with the following documents:
1. A document describing the subject matter;
2. A document describing the donator's name and address;
3. A document describing the purposes of the donation;
4. A document describing the current status of the property;
5. A certified transcript of the property register or drawings;
6. A use plan.
(2) The Mayor shall determine whether to accept the donation of property applied for under paragraph (1) upon deliberation by the Deliberation Council.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 14 (Application for Sale) A property manager shall, if it is necessary to sell a city asset, file an application with Mayor, along with the following documents: <Amended by Rule No. 3424, Apr. 16, 2015>
1. A document describing the subject matter;
2. A document describing the reasons for the sale;
3. A report on the estimated sale price;
4. A certified transcript of the land register or the building register;
5. A certified land use plan;
6. A certified transcript of the property register;
7. Drawings and the location map;
8. Documents describing other necessary matters.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 15 (Disuse of Administrative Property) (1) When a property manager decides to discontinue the specific use of any administrative property that belongs to the property of a general account, he/she shall convey the property to the Coordinator, along with the following documents: Provided, That property the Coordinator's management of which is difficult, such as real estate with a building or other facility thereon, a ship, and aircraft, shall remain under the management of the property manager until the property manager of the property is replaced or the property is disposed of: <Amended by Rule No. 3424, Apr. 16, 2015>
1. A document describing the subject matter;
2. A certified transcript of the property register, the land register, or the building register;
3. A certified land use plan;
4. A statement of reasons for disuse;
5. A document describing other necessary matters.
(2) If it is intended to discontinue the specific use of any administrative property, a request for deliberation shall be filed with the Deliberation Council in attached Form 3.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 16 (Exchanges) When it is necessary to exchange any property owned by the Seoul Metropolitan Government, the competent property manager shall file an application with the Mayor, along with the following documents: <Amended by Rule No. 3424, Apr. 16, 2015>
1. A document describing both parties' properties subject to the exchange (including drawings);
2. A statement of reasons for the exchange;
3. Certified transcripts of the land registers or the building registers for both parties' properties subject to the exchange;
4. Certified land use plans for both parties' properties subject to the exchange;
5. Certified transcripts of the property registers of both parties' properties subject to the exchange;
6. A letter of consent to the exchange;
7. A document describing other necessary matters.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 17 Deleted. &#lt;by Rule No. 3424, Apr. 16, 2015&#gt;

Article 18 (Price Assessment) (1) Where any property owned by the Seoul Metropolitan Government is sold, exchanged, or lent (excluding land), a price assessment report shall be prepared in attached Form 4 as a material for the determination of the estimated price.
(2) A price assessment report under paragraph (1) shall be accompanied by a written appraisal statement prepared by an appraisal entity that serves as a ground for the assessment, a drawing clearly showing the location of the property, and other documents for reference in the price assessment. <Amended by Rule No. 3452, Oct. 22, 2015>
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 19 (Handover) If there is a change in the Mayor, the Coordinator, or property managers, public property shall be handed over by the following documents: Provided, That the property list referred to in subparagraph 2 may be omitted when the Mayor is changed:
1. The current status of public property (summarized list);
2. A list of public property (statement);
3. A document describing major current issues.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

CHAPTER III ACQUISITION AND DISPOSAL OF PUBLIC PROPERTY Article 20 (Registration Process, etc.) (1) Upon acquisition of any property owned by the Seoul Metropolitan Government, the head of the division or affiliate office in charge of the acquisition (hereinafter referred to as the "acquisition division") shall register or record such and undergo other procedures necessary for securing rights thereto, as provided for in statutes and regulations.
(2) When the head of the division or affiliate office in charge of budget allocation (hereinafter referred to as the "division responsible for budget allocation") shall, when he/she re-allocates a budget to the head of an autonomous Gu in order to authorize him/her to acquire any property owned by the Seoul Metropolitan Government, require him/her to immediately register or record the acquired property and to undergo other procedures necessary for securing rights thereto, as provided for in statutes and regulations, and then to submit a report on the acquisition.
(3) The acquisition division that completes the registration or record of the property of the Seoul Metropolitan Government pursuant to paragraph (1) and the division responsible for budget allocation that receives a report on the acquisition under paragraph (2) shall immediately report to the Coordinator on the acquisition, along with the following documents, so that a property manager can be appointed over the property: <Amended by Rule No. 3424, Apr. 16, 2015>
1. The public property management register;
2. A certified transcript of the property register;
3. A certified transcript of the land register or the building register;
4. A location map, a cadastral map, and photographs of the site (in an electronic computer file);
5. Documents describing the specific use of the property and the grounds for the acquisition;
6. Other documents describing matters the Coordinator deems necessary.
(4) Until a property manager is appointed pursuant to Article 2, the acquisition division shall be deemed to be the manager of the relevant property in the case of paragraph (1), while the head of the division responsible for budget allocation shall be deemed to be the manager of the relevant property in the case of paragraph (2).
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 21 (Application for Purchase) (1) Where the head of a division of the Seoul Metropolitan Government or any of its affiliate offices needs to purchase any property as property belonging to the Seoul Metropolitan Government, he/she shall submit the following documents to the Mayor: <Amended by Rule No. 3424, Apr. 16, 2015>
1. A document describing the subject matter;
2. A document describing the purposes of the purchase;
3. A document describing the estimated purchase price;
4. A document describing the seller's name and address;
5. A written consent to the purchase and sale;
6. A certified transcript of the land register or the building register;
7. A certified transcript of the property register;
8. A certified land use plan;
9. Drawings;
10. A document describing other necessary matters.
(2) The Coordinator may, upon receiving an application for the purchase of property under paragraph (1), authorize the person in charge of the management of the administrative affairs related thereto to purchase such property.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 22 (Application for Construction, etc.) (1) If it is necessary to construct, extend, remodel, relocate, demolish, transfer, or reshape any property owned by the Seoul Metropolitan Government, a property manager shall file an application with the Mayor, along with the following documents:
1. A document describing the subject matter;
2. A document describing the purposes and reasons therefor;
3. Drawings;
4. Project plans and specifications;
5. A document describing other necessary matters.
(2) A property manager shall, upon the completion of construction, etc. under paragraph (1), complete the registration and record as required and shall report to the Mayor thereon, along with the following documents: <Amended by Rule No. 3424, Apr. 16, 2015>
1. The public property management register;
2. A certified transcript of the property register;
3. A certified transcript of the land register or the building register;
4. A location map, a cadastral map, and photographs of the site (in an electronic computer file);
5. A document describing other necessary matters.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

CHAPTER IV PUBLIC PROPERTY REGISTER AND DRAWINGS Article 23 (Keeping of Registers and Drawings) (1) The Coordinator and each property manager shall keep a public property management register and drawings for the property under his/her jurisdiction, along with relevant documents evidencing rights thereto, and shall keep and maintain records of the management and conveyance of property.
(2) The property register under paragraph (1) shall be prepared and managed separately for each type of property, such as land, buildings, structures, standing trees and bamboo, and ships, in attached Form 5: Provided, That it may not be necessary to prepare account books separately if the management of property is computerized and thus processed by an electronic computer system.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 24 (Recording in Register and Notification) (1) Whenever there is an increase, decrease, or any other change in any property owned by the Seoul Metropolitan Government other than the property under his/her jurisdiction, a property manager shall notify the competent property manager of such event immediately when such event occurs.
(2) A property manager in receipt of notice under paragraph (1) shall record it in the relevant register and drawings without delay.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 25 (Reporting on Changes) (1) If any property of the Seoul Metropolitan Government is acquired or disposed of or there is any change thereto, the competent property manager shall record it in the relevant register, report such change to the Coordinator not later than the tenth day of the following month, along with evidential documents related thereto, and shall enter the details of such change in the public property management system.
(2) Each property manager shall compile any increase or decrease in the property under his/her jurisdiction during the previous year as of January 1 each year, in addition to the report under paragraph (1), and shall report it to the Coordinator not later than January 15.
(3) Each property manager shall revaluate property under his/her jurisdiction pursuant to Article 46 of the Act and shall report the results of such revaluation to the Mayor in attached Form 6.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 26 (Leased Property) When private property, etc. is leased, the head of the division that uses the leased property shall prepare and keep the leased property register in attached Form 7 and shall report it to the Coordinator.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 27 (Permission for Use of Administrative Property) A written permission for the use of administrative property under Article 18 of the Ordinance shall be granted in attached Form 8 or 9.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 28 (Lease Agreement) A written lease agreement under Article 35 of the Ordinance shall be made in attached Form 10.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 29 (Plan for Management of Public Property) A plan for the management of public property under Article 13 of the Ordinance shall be prepared in attached Form 11.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 30 (Agreements, etc.) Agreements on trust, exchange, sale and purchase, and transfer of property and applications for purchase thereof shall be made in the following forms:
1. Agreement on lease-type land trust (attached Form 12);
2. Agreement on sale-type land trust (attached Form 12-2);
3. Agreement on immovable property management trust (attached Form 12-3);
4. Agreement on immovable property disposal trust (attached Form 12-4);
5. Exchange agreement (attached Form 13);
6. Sale and purchase agreement (attached Form 14);
7. Transfer agreement (attached Form 15);
8. Application for purchase of property owned by the Seoul Metropolitan Government (attached Form 16);
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 31 (Lease and Permission for Use) When a property manager intends to lease or permit the use of any property under his/her jurisdiction, he/she shall process the application filed by the applicant in attached Form 17, along with the following documents, and shall report the results thereof to the Mayor without delay. The same shall also apply to consecutive lease or permission for use:
1. A document describing the subject matter;
2. A report on the calculation of rent;
3. A document describing the applicant's name and address;
4. A document describing the purposes of the use;
5. A document describing the lease period or use permit period;
6. Drawings.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 32 (Recording of Lease and Permission for Use) When a property manager leases or permits the use of any property, he/she shall record it in the "Current Status of Lease and Use" in attached Form 5 (Public Property Management Register).
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 33 (Price Assessment Report) A report on price appraisal of rough stone under Article 28 (3) of the Ordinance shall be prepared in attached Form 18.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 34 (Prior Notice, etc. of Indemnities) Prior notices, written opinions, and applications for payment in installments regarding indemnities under Articles 89 through 90-2 of the Ordinance shall be made in the following forms: <Amended by Rule No. 3452, Oct. 22, 2015>
1. Prior notice of indemnities (attached Form 19-1);
2. Opinion on price notice of indemnities (attached Form 19-2);
3. Application for payment of indemnities in installments (attached Form 19-3);
4. Application for collection deferment of indemnities (attached Form 19-4).
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

CHAPTER V MANAGEMENT OF OFFICE BUILDINGS AND OFFICIAL RESIDENCES Article 35 (Management of Office Buildings) The plan for the construction of a new office building under Article 43 of the Ordinance shall be formulated in attached Form 20.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 36 (Management of Official Residences) (1) No person, other than eligible public officials under Article 49 of the Ordinance, shall use an official residence: Provided, That if an eligible public official does not use his/her official residence for a long time, he/she may permit a houseless public official under his/her supervision to use it.
(2) The official residence management registers under Article 52 of the Ordinance shall be prepared in attached Form 21.
(3) A person who intends to use an official residence pursuant to the proviso to paragraph (1) shall file an application for permission to use the official residence (attached Form 22) to obtain the permission for use and shall submit an occupancy report (attached Form 23) and a covenant (attached Form 24) to the competent property manager not later than five days before he/she occupies it.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

CHAPTER VI MANAGEMENT OF COMMODITIES Article 37 (Request for Purchase, etc. of Commodities) A request for the purchase (repair or production) of commodities under Article 63 or 65 of the Ordinance shall be prepared in attached Form 25.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 38 (Determination of Full Number of Commodities) (1) The full number of commodities whose number is subject to control under Article 58 of the Decree and the criteria for requirements therefor shall be determined by the Director of each division in the Seoul Metropolitan Government and the head of each affiliated administrative agency, respectively, and shall be approved by the Mayor in attached Form 26. The same shall also apply to any adjustment of the full number of commodities.
(2) In determining the full number and the criteria for requirements under paragraph (1), the number of employees, functions and workload of the relevant division, etc. shall be taken into consideration, but the full number and the criteria shall be determined reasonably so that the balance between the divisions that perform similar functions can be maintained.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 39 (Acquisition of Contributions) The acquisition of contributions under Article 66 shall be made in attached Form 27.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 40 (Notice of Decision on Disuse) A disuse decision notification under Article 71 of the Ordinance shall be issued using attached Form 28.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 41 (Report on Destruction of Disused Commodities) A report on the destruction (dismantlement) of commodities under Article 73 of the Ordinance shall be made in attached Form 29.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 42 (Commodity Receipt and Delivery Order) (1) When a commodity manager intends to have any commodity delivered or received, he/she shall order a commodity receipt and delivery officer to deliver or receive it, clearly stating the category of the commodity to be delivered or received.
(2) No commodity shall be delivered or received without an order for delivery or receipt under paragraph (1).
(3) An order under paragraphs (1) and (2) shall become effective when a seal is affixed on a request and delivery slip in attached Form 30.
(4) When an assistant commodity receipt and delivery officer intends to deliver or receive any commodity, he/she shall obtain approval therefrom from the competent commodity operator.
(5) When an assistant commodity receipt and delivery officer in charge of books intends to deliver or receive books, he/she shall obtain approval therefor from the competent commodity operator with the book loan register in attached Form 31.
(6) When any commodity under a property manager's jurisdiction is included in public property, he/she shall notify the division in charge of the management of public property thereof by a request and delivery slip.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 43 (Requirements for Order for Delivery or Receipt) When a commodity manager intends to issue an order for delivery or receipt, he/she shall examine the name, quantity, supplier and recipient of the commodity and whether the timing or reasons for the delivery or receipt is proper.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 44 (Request for Commodities) When an assistant commodity receipt and delivery officer intends to have any commodity delivered, he/she shall request it to the competent commodity manager via the competent commodity operator by a request and delivery slip.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 45 (Delivery of Commodities) (1) Upon receipt of a request under Article 44, a commodity manager shall examine such request and then order a commodity receipt and delivery officer to take necessary measures.
(2) When a commodity receipt and delivery officer delivers any commodity in compliance with an order under paragraph (1), he/she shall affix a receiving stamp (the receiving stamp of an assistant commodity receipt and delivery officer, if there is an assistant commodity receipt and delivery officer designated) on the request and delivery slip.
(3) An order for acceptance issued by a commodity manager in purchasing any commodity shall become effective when his/her seal is affixed on the relevant request and delivery slip.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 46 (Delivery of Expandable Supplies) (1) Any expandable supplies, postage stamps, and revenue certificate stamps may be delivered to each assistant commodity receipt and delivery officer in advance to meet expected demands for such consumables.
(2) The delivery and receipt of postage stamps shall be recorded in the register of the delivery and receipts of postage stamps in attached Form 32.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 47 (Return of Commodities) (1) An assistant commodity receipt and delivery officer shall immediately return any disused commodities under Article 71 (1) of the Ordinance and commodities produced or left over after the completion of a construction (including repair) project to the competent commodity manager via the competent commodity operator, along with the return and acceptance slip in attached Form 33.
(2) When any public property is assigned as commodity in the course of the management of public property, the division in charge of the management of public property shall notify the competent commodity manager thereof by a return and acceptance slip.
(3) Upon receipt of a return and acceptance slip under paragraph (1) or (2), a commodity manager shall examine it and then immediately order a commodity receipt and delivery officer to accept the delivery of the commodity.
(4) Upon receipt of an order under paragraph (3), a commodity receipt and delivery officer shall accept the delivery of the commodity and shall issue a return and acceptance slip to the returning person.
(5) A commodity manager shall order an assistant commodity receipt and delivery officer to return commodities, if he/she deems it necessary in view of the plan for the collection and management of commodities and the management of demand and supply of commodities, and the assistant commodity receipt and delivery officer in receipt of the order to return shall immediately return the relevant commodities via the competent commodity operator in accordance with attached Form 33.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 48 (Transfer of Custody and Free Transfer) (1) When a commodity manager intends to transfer the custody of any commodity or transfer any commodity without consideration to another commodity manager, he/she shall reach an agreement with the other commodity manager in advance by an agreement on the transfer of custody of commodity or an agreement on the free transfer of commodity in attached Form 34: Provided, That it shall be deemed that an agreement is made if there is a demand as a result of an inquiry into demand under Article 71 of the Ordinance.
(2) When an agreement is made on the transfer of custody or free transfer of any commodity pursuant to paragraph (1), such commodity shall be transferred and accepted with approval from the Coordinator of Commodity Management in accordance with an agreement under paragraph (1).
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 49 (Commodities Not Requiring Entries) The following commodities shall be under the custody of an assistant commodity receipt and delivery officer and do not require entries in account books for the delivery and receipts of commodities:
1. Commodities consumed immediately after purchasing;
2. Official letters, official gazettes, official bulletins, newspapers, magazines, and other similar articles;
3. Commodities that shall be sold immediately after their acceptance, among commodities produced in the course of the management of public property and those produced from a construction project;
4. Commodities, the competent division of which is changed immediately after their purchase: Provided, That the assistant commodity receipt and delivery officer in the division using such commodities shall record the delivery of such commodities in account books for the delivery and acceptance of commodities.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 50 (Decision on Disuse) (1) The Mayor shall delegate his/her authority to make a decision on the disuse of commodities managed by the head of an affiliated administrative agency to the head of such affiliated agency.
(2) Every decision on the disuse of commodities shall be approved by the competent commodity manager.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 51 (Forms of Books of Commodity Receipt and Delivery Officers) The forms of books under Article 79 of the Ordinance are as follows:
1. A commodity receipt and delivery ledger (attached Form 35);
2. An equipment receipt, delivery and management card (attached Form 36);
3. A register of commodity cards (attached Form 37);
4. A list of books (attached Form 38).
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 52 (Report on Inspection of Commodities, etc.) A report on inspection of commodities under Article 82 of the Ordinance shall be made in attached Form 39, while a commodity inspection certificate under Article 84 of the Ordinance shall be made in attached Form 40.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

Article 53 (Inventory-Taking of Commodities, etc.) A report on transfer of duties by a commodity receipt and delivery officer under Article 88 of the Ordinance shall be made in attached Form 41.
[This Article Wholly Amended by Rule No. 3695, Oct. 8, 2009]

CHAPTER VII SUPPLEMENTARY PROVISIONS Article 54 Deleted. &#lt;by Rule No.3452, Oct. 22, 2015&#gt;

ADDENDA
(1) (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
(2) (Repeal of Other Rules)
The Seoul Metropolitan Government Enforcement Rule of the Ordinance on Public Property Management and the Seoul Metropolitan Government Enforcement Rule of the Ordinance on Commodity Management are hereby repealed respectively.
(3) (Relations with Other Rules)
A citation of a provision of the former Seoul Metropolitan Government Enforcement Rule of the Ordinance on Public Property Management or the former Seoul Metropolitan Government Enforcement Rule of the Ordinance on Commodity Management by any other Rule in force at the time this Rule enters into force regarding the management and disposal of public property and commodities shall be deemed to be a citation of this Rule or the corresponding provision of this Rule, if there is such a corresponding provision in this Rule.
ADDENDUM <Rule No. 3535, Mar. 15, 2007>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Rule No. 3584, Nov. 1, 2007>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Rule No. 3695, Oct. 8, 2009>
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.
ADDENDA <Rule No. 3448, Aug. 27, 2015>
Article 1 (Enforcement Date)
This Rule shall enter into force on August 31, 2015.
Article 2 Omitted.
ADDENDA <Rule No. 3452, Oct. 22, 2015>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Matters for Deliberation)
Among the amended provisions of Article 6 (1) 5, "where the business purpose, use, or location of the land or facility is changed" shall apply, beginning with the case where the business purpose, use, or location of the land or facility is changed after this Rule enters into force.
Article 3 (Applicability to Forms)
The amended provisions of attached Forms 9 and 10 shall apply, beginning with the case where permission for use or profit-making is granted or a lease agreement is concluded for the first time after this Rule enters into force.