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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE SUPPORT FOR WELFARE AND SELF-RELIANCE OF THE HOMELESS, ETC.

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE SUPPORT FOR WELFARE AND SELF-RELIANCE OF THE HOMELESS, ETC.

Article 1 (Purpose) The purpose of this Ordinance is to help the homeless, etc. return to the society in good conditions and to contribute to the promotion of their welfare by protecting the right of the homeless, etc. in Seoul Metropolitan City to live a life befitting a human being and by creating a basis for their rehabilitation and self-reliance pursuant to the Act on Support for Welfare and Self-Reliance of the Homeless, Etc.

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. "The homeless, etc." means the following persons:
(a) Persons who have lived without a certain abode for a considerable period;
(b) Persons who have used a facility for the homeless or have lived in a facility for the homeless for a considerable period;
(c) Persons who have lived in a place hardly inhabitable for a considerable period;
2. "Facilities for the homeless" means the following facilities:
(a) General support centers: Facilities that provide counselling services and arrange welfare services to the homeless, etc.;
(b) Temporary protection facilities: Facilities that provide temporary shelters and arrange welfare services to the homeless, etc.;
(c) Facilities for self-support: Facilities that provide specialized vocational counselling services, training programs, and other welfare services to assist the homeless, etc. for self-reliance;
(d) Facilities for rehabilitation: Facilities that provide medical treatment and rehabilitative services to the homeless, etc. who have difficulties in self-reliance due to a physical or mental disorder;
(e) Facilities for medical care: Facilities that provide medical care services to the homeless, etc. who have difficulties in return to family or to the society in a short period due to a problem in health;
(f) Facilities for meal service: Facilities that provide meal service to the homeless, etc.;
(g) Facilities for medical treatment: Facilities that provide specialized medical service to the homeless, etc.;
(h) Flophouse counselling centers: Facilities that provide counselling services and welfare services to residents in flophouse districts;
3. "Workers of a facility for the homeless" means the head and workers of a facility for the homeless, who are in charge of the protection of the homeless, etc., the arrangement of welfare services, and the welfare of the homeless, etc. in the facility for the homeless.

Article 3 (Mayor's Responsibility) (1) The Mayor of Seoul Metropolitan City (hereinafter referred to as the "Mayor") shall endeavor to prevent the homeless from sleeping out in the open, guarantee the rights of the homeless, etc. formulate policies necessary for the protection and rehabilitation of the homeless, etc. and assistance to them for self-support, help the homeless, etc. return to the society, and promote their welfare.
(2) The Mayor shall cooperate with relevant non-governmental organizations in order to efficiently implement programs for supporting the homeless, etc.

Article 4 (Scope of Application) Except as otherwise provided expressly by statutes, the provisions of this Ordinance shall apply.

Article 5 (Formulation, etc. of Implementation Plans for Supporting Welfare and Self-Reliance of Homeless, etc.) (1) The Mayor shall formulate and execute an implementation plan for supporting the welfare and self-reliance of the homeless, etc. every year (hereinafter referred to as "implementation plan").
(2) The following matters shall be included in each implementation plan formulated under paragraph (1):
1. The goals for, and the direction of, policies for the homeless, etc.;
2. Schemes to prevent the occurrence of homeless people, etc. and schemes for the follow-up management and reduction of the homeless, etc.;
3. The protection, rehabilitation, and self-support of the homeless, etc.;
4. Medical assistance to the homeless, etc.;
5. Assistance to facilities for the homeless;
6. Assistance to the homeless in employment and dwelling;
7. Actual conditions of the homeless, etc.;
8. Special protection of vulnerable homeless people, etc., such as women, disabled persons, and aged people;
9. Cooperation with the private sector;
10. Improvement of perceptions of the homeless, etc.;
11. Other matters that the Mayor deems necessary.
(3) The Mayor may seek advice on an implementation plan from the Seoul Metropolitan Social Welfare Committee.

Article 6 (Survey on Actual Conditions) (1) In order to formulate an implementation plan appropriately under Article 5, the Mayor shall conduct a survey on actual conditions of the homeless, etc. every year.
(2) The following matters shall be included in the survey on actual conditions under paragraph (1):
1. Current situations of the homeless, etc., such as the number of the homeless, etc., abodes, the forms of dwelling, gender, and age;
2. Current conditions of disabilities and diseases of the homeless, etc.;
3. Categories and details of social welfare services provided to the homeless, etc. by the State, local governments, and public institutions under Article 4 of the Act on the Management of Public Institutions;
4. Categories and details of social welfare services provided to the homeless, etc. by the private sector.
(3) If the Mayor deems it necessary for a survey on actual conditions under paragraph (1), he/she may entrust the survey to a research institute or organization specializing in the homeless.
(4) The Mayor may request the head of a facility for the homeless to submit data necessary for the survey on actual conditions and to cooperate in such survey.

Article 7 (Formation and Operation of Advisory Committee for Policies on Homeless) (1) The Advisory Committee for Policies on the Homeless (hereinafter referred to as the "Committee") shall be established to seek advice on the following matters in regard to policies of the Seoul Metropolitan Government on the welfare of the homeless:
1. Direction-setting for policies on the homeless;
2. Implementation plans;
3. Assistance to non-governmental organizations for the welfare of the homeless;
4. Other matters tabled by the chairperson for deliberation as deemed necessary.
(2) The Committee shall be composed of not more than 15 members, including one chairperson.
(3) Committee members shall comprise ex officio members who are relevant public officials of the Seoul Metropolitan Government and members commissioned by the Mayor, from among members of Seoul Metropolitan Council who have abundant knowledge and experience in policies on the homeless, persons from the institutions, organizations, and facilities for the homeless, persons from academic circles related to the homeless, and experts in relevant fields of study.
(4) Allowances, etc. may be paid to the committee members who attend a meeting of the Committee, within the budget: Provided, That the foregoing shall not apply to committee members who attend a meeting as public officials in direct connection with their duties.
(5) Further details about the formation and operation of the Committee shall be prescribed by rule of the Seoul Government.

Article 8 (Activities Eligible for Assistance) The Mayor may render assistance in the following activities for appropriate protection and self-support of the homeless, etc.:
1. Counselling and protection services for the homeless, etc.;
2. Meal service for the homeless, etc.
3. Medical assistance service, such as emergency measures, health examinations, and rehabilitation of homeless, etc.;
4. Programs for assisting the homeless, etc. in dwelling and employment for self-support and self-reliance;
5. Assistance in programs for the self-support of the homeless, etc.;
6. Educational and public relations programs for improving perceptions of the homeless, etc.;
7. Programs for special protection of vulnerable homeless people, etc., such as women, disabled persons, and aged persons;
8. Programs for reinforcing functions of facilities for the homeless;
9. Assistance in improving working conditions of workers of facilities for the homeless;
10. Other assistance programs for enhancing the welfare of the homeless, etc. and helping them return to the society.

Article 9 (Establishment and Operation of Facilities for Homeless) (1) In order to protect the homeless, etc., assist them in self-support and self-reliance, and help them return to the society, the Mayor may establish and operate facilities for the homeless.
(2) If the Mayor deems it necessary, he/she may entrust the operation of the facilities established for the homeless under paragraph (1) to a social welfare corporation or a nonprofit corporation.

Article 10 (Subsidization for Expenses) The Mayor may fully or partially subsidize facilities established by an institution, organization, or nonprofit corporation that engages in activities for the homeless, etc. under Article 9 for necessary expenses incurred in such facilities, within the budget.

Article 11 (Guidance and Supervision) The Mayor shall guide and supervise facilities for the homeless, to which subsidies for expenses are granted under Article 10, and may instruct such facilities to submit a report or relevant documents on their business operations or instruct public officials under his/her direction to enter a facility for the homeless to conduct an investigation, if necessary.

Article 12 (Training) The Mayor shall conduct training programs, such as training programs on counselling, at least once a year to improve the specialty of workers of facilities for the homeless.

Article 13 (Guarantee of Human Rights) The Mayor shall endeavor to guarantee human rights of the homeless, etc. by conducting educational programs on human rights for workers of facilities for the homeless and taking other measures in accordance with provisions of the Act on Support for Welfare and Self-Reliance of the Homeless, Etc.

Article 14 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Government.