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

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. ADDENDUM <May 17, 2001> This Ordinance shall enter into force on the date of its promulgation. ADDENDA <Jun. 15, 2001> Article 1 (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. Article 2 Omitted. Article 3 (Amendment of Other Ordinances) (1) Seoul Metropolitan Government Ordinance on Establishment and Operation of Social Welfare Facilities is amended as follows: Among the names of facilities of the Women Policy Officer (officer in charge of women policy) in the column of the managing bureau (section) in the attached Table, "Municipal Shelter for Women" is amended to "Women Protection Center", and "Municipal Child Counseling Center" is amended to "Child Welfare Center". (2) Omitted. ADDENDA <Jul. 16, 2001> Article 1 (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. Article 2 (Amendment of Other Ordinances) Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector is amended as follows: In the column of the Health and Welfare Bureau (Disabled Welfare Section) in the managing bureau (section) in the attached Table, "management and operation of the Municipal Welfare Center for the Blind" is amended to "management and operation of the Municipal Nowon Welfare Center for the Blind". ADDENDUM <Jun. 16, 2003> This Ordinance shall enter into force on the date of its promulgation. ADDENDA Seoul Metropolitan Government Ordinance on Establishment of Administrative Organization <Ordinance No. 4284, Jun. 16, 2005> Article 1 (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. Article 2 Omitted. Article 3 (Amendment of Other Ordinances) (1) through (9) Omitted. (10) Seoul Metropolitan Government Ordinance on the Establishment and Operation of Social Welfare Facilities is amended as follows: In the column of the managing bureau (section) in the attached Table, "Welfare and Women Bureau (Women Policy Section)" is amended to "Women and Family Policy Officer (officer in charge of women policy)", "Welfare and Women Bureau (Social Section)" to "Welfare and Health Bureau (Social Section)", "Welfare and Women Bureau (Senior Welfare Section)" to "Welfare and Health Bureau (Senior Welfare Section)", "Welfare and Women Bureau (Disabled Persons Welfare Section)" to "Welfare and Health Bureau (Disabled Persons Welfare Section)", the column of the Welfare and Women Bureau (Childcare Support Section) in the same Table is amended as follows, and the column of the Women and Family Policy Officer (officer in charge of youth) shall be newly inserted next to the same column: Women and Family Policy Officer (officer in charge of family and childcare)Municipal Childcare Information Center5-1, Seosomun-dong, Joong-gu, and othersProvision of information related to childcare Women and Family Policy Officer (officer in charge of youth)Municipal Eastern Child Counseling Center, Municipal Juvenile House Child Welfare Center329-1, Jangan-dong, Dongdaemun-gu 42-5, Eungam-dong, Eunpyung-gu San 4-1, Suseo-dong, Gangnam-gu Counseling, medical treatment, temporary protection of children subject to protection Accommodation and protection of children subject to protection Counseling, medical treatment, temporary protection of children subject to protection (11) through (20) Omitted. ADDENDUM <May 4, 2006> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Mar. 8, 2007> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Oct. 1, 2007> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <May 29, 2008> This Ordinance shall enter into force on the date of its promulgation. ADDENDA Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector <Ordinance No. 4818, Jul. 30, 2009> Article 1 (Enforcement Date) This Ordinance shall enter into force on January 1, 2010. Article 2 (Amendment of Other Ordinances) (1) through (6) (7) Part of Seoul Metropolitan Government Ordinance on the Establishment and Operation of Social Welfare Facilities is amended as follows: "Articles 6 through 16 of Seoul Metropolitan Government on Entrustment of Administrative Affairs to Private Sector" is amended to "Articles 7 through 19 of Seoul Metropolitan Government on Entrustment of Administrative Affairs to Private Sector" (Remainder is omitted.) ADDENDA <Ordinance No. 4911, Jan. 7, 2010> Article 1 (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. Article 2 (Transitional Measures) (1) Social welfare facilities established and being operated in accordance with Seoul Metropolitan Government Ordinance on Establishment of Public Facilities or being operated under entrustment to a private sector in accordance with Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector shall be deemed social welfare facilities established and being operated in accordance with this Ordinance, or being operated under entrustment to a private sector. Article 3 (Amendment of Other Ordinances) (1) Seoul Metropolitan Government Ordinance on Establishment of Public Facilities is amended as follows: In the column of the names of facilities under the column of the Women Policy Officer (officer in charge of women development) in the attached Table, "O Metropolitan Government Children's House, Childcare information Center" is amended to "O Metropolitan Government Children's House", and "O Municipal Child Welfare Facilities", "__Municipal Juvenile House", "__Municipal Eastern Child Counseling Center", "O Municipal Youngbo Jaewon" in the same column of the same Table is deleted respectively, and the column of Health and Welfare Bureau (Social Welfare Section), the column of Health and Welfare Bureau (Senior Welfare Section) and the column of Health and Welfare Bureau (Disabled Persons Welfare Section) in the same Table is deleted, respectively. (2) Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector is amended as follows: "Management and operation of O Municipal Youngbo Jaewon" in the column of the names of facilities of the column of the Women policy officer (officer in charge of women development) in the attached Table is deleted, "management and operation of O Seoul Metropolitan Government Children's House and Childcare Information Center" in the same column of the same Table is amended to "management and operation of O Metropolitan Government Children's House", "management and operation of O Municipal Juvenile House" and "management and operation of O Municipal Eastern Child Counseling Center" in the same column of the same Table is deleted respectively, and the column of Health and Welfare Bureau (Social Welfare Section), the column of Health and Welfare Bureau (Senior Welfare Section) and the column of Health and Welfare Bureau (Disabled Persons Welfare Section) in the same Table is deleted respectively.