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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE SHARING OF EXPENSES OF LONG-TERM CARE INSURANCE FOR THE AGED

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE SHARING OF EXPENSES OF LONG-TERM CARE INSURANCE FOR THE AGED

Article 1 (Purpose) The purpose of this Ordinance is to promote balanced development by reasonably determining the shares of expenses that shall be mutually borne by the Seoul Metropolitan Government and autonomous Gus in Seoul Metropolitan City, as the share of expenses that shall be borne by each local government under Article 58 of the Act on Long-Term Care Insurance for the Aged, Article 28 of the Enforcement Decree of said Act, and Article 41 of the Enforcement Rule of said Act.

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. "Share of expenses" means the amount that shall be borne by a local government under Article 58 (2) of the Act on Long-Term Care Insurance for the Aged (hereinafter referred to as the "Act");
2. "Facility benefits" means the long-term care benefits provided to an aged person who is admitted to a medical welfare facility for the aged, which is operated by a long-term care institution under Article 23 (1) 2 of the Act, for assisting him/her with physical activities and providing educational and training programs so as to maintain and improve mental and physical functions;
3. "Domiciliary benefits" means the long-term care benefits provided for a specified period or hours to assist a beneficiary with physical activities and to maintain and improve mental and physical functions under Article 23 (1) 1 of the Act, including domiciliary visit care, domiciliary bathing, domiciliary nursing, daytime or nighttime protection, short-term protection, and other domiciliary benefits;
4. "Management and operation expenses" means all operating expenses incurred to the National Health Insurance Corporation (hereinafter referred to as the "Corporation") in long-term care programs for medical care beneficiaries.

Article 3 (Sharing of Expenses) The amount that shall be borne (hereinafter referred to as the “Seoul Government's share of expenses") by the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government"), out of the expenses that shall be mutually shared by the Seoul Government and autonomous Gus under Article 58 (3) of the Act, shall be determined in accordance with the following guidelines:
1. Facility benefits and the Corporation's management and operation expenses shall be fully borne by the Seoul Government;
2. The Seoul Government's share of expenses incurred in domiciliary benefits is as specified in the Table attached hereto.
(2) The amount equivalent to the remaining share of expenses after deducting the Seoul Government's share of expenses under paragraph (1) shall be borne by each Gu (hereinafter referred to as "each Gu's share of expenses").

Article 4 (Notification of Shares of Expenses Borne by Local Governments) If the Seoul Government's share of expenses and each Gu's share for the pertinent fiscal year are finally determined, the Mayor of Seoul Metropolitan City (hereinafter referred to as the "Mayor") shall make a statement of the Seoul Government's share of expenses and each Gu's share of expenses and shall notify the head of each Gu of the statement without delay.

Article 5 (Securing of Expenses and Appropriation of Budget) (1) The Mayor shall secure the Seoul Government's share of expenses to be borne under Article 3 (1) and appropriate the budget for the expenses.
(2) The head of each Gu shall secure the Gu's share of expenses to be borne under Article 3 (2) and appropriate the budget for the expenses.

Article 6 (Notification and Payment of Shares of Expenses) (1) Upon receipt of the notice of the share of expenses determined under Article 4, the head of each Gu shall deposit the share of expenses for each quarter in the Seoul Government's deposit account by the tenth day of the first month of the quarter.
(2) The Mayor shall deposit the share of expenses for each quarter in the Corporation's deposit account by the twentieth day of the first month of the quarter.

Article 7 (Objection to Gu's Share of Expenses) (1) If the head of a Gu has an objection to the results of calculation of the level of fulfillment of the standard fiscal requirements or the ratio of domiciliary benefits of the Gu, as determined in accordance with the Table attached hereto, he/she may file a written objection with the Mayor within ten days from the day he/she receives the notice under Article 4.

- Table 1 (Seoul Government's Share of Expenses of Domiciliary Benefits)