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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE COLLABORATIVE COOPERATION IN LOGISTICS BUSINESS, THE SUPPORT OF MICRO-ENTERPRISES, AND DISPUTES OVER LOGISTICS

Article 1 (Purpose) The purpose of this Ordinance is to build up a strong relationship between large logistics enterprises, small and medium logistics enterprises, and micro-enterprises for collaborative cooperation to protect micro-enterprises, promote the balanced development of the local logistics industry, and promote the development of local economies pursuant to Articles 3 and 36 of the logistics Industry Development Act and Article 5-2 of the Enforcement Decree of said Act.
[This Article Wholly Amended by Ordinance No. 5058, Dec. 22, 2010]

Article 2 (Definitions) Terms used in this Ordinance shall be defined as follows:
1. "Large logistics enterprises" mean the large supermarkets, specialty stores, and department stores defined in Table 1 attached to Article 3 (1) of the Enforcement Decree of the Logistics Industry Development Act;
2. "Small and medium logistics enterprises" mean the enterprises engaged in the logistics industry under subparagraph 1 of Article 2 of the Logistics Industry Development Act (hereinafter referred to as the "Act") among the small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises;
3. "Micro-enterprise" means a person defined as a micro-enterprise under subparagraph 2 of Article 2 of the Act on Special Measures for Development of Small and Micro-Enterprises among those engaged in the logistics industry;
4. "Collaborative cooperation" means a project or activity carried out jointly by large logistics enterprises and semi-large stores under subparagraph 5 (hereinafter collectively referred to as "large logistics enterprises") together with small and medium logistics enterprises and micro-enterprises, in order to enhance mutual benefits in the aspects of human resources, financing, purchasing, marketing, advertisement, etc.;
5. "Semi-large store" means a store defined under subparagraph 3-2 of Article 2 of the Act;
6. "Local commercial area" means a conventional logistics area formed by merchants in Seoul for purchasing, sales, exchange, services, etc.
[This Article Wholly Amended by Ordinance No. 5058, Dec. 22, 2010]

Article 3 (Establishment and Implementation of Plan for Collaborative Cooperation) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall establish and implement a plan for collaborative cooperation in the logistics industry in the Seoul Metropolitan City in order to promote collaborative cooperation between large logistics enterprises, small and medium logistics enterprises, and micro-enterprises.
(2) The plan for collaborative cooperation shall include the following matters:
1. Basic direction-setting for policies on collaborative cooperation;
2. Matters regarding the implementation of policies on the protection and support of small and medium logistics enterprises and micro-enterprises;
3. Matters regarding the implementation and support of collaborative cooperation projects;
4. Matters regarding the discovery and rearing of outstanding enterprises in collaborative cooperation;
5. Matters regarding the contribution and cooperation of large logistics enterprises to local communities;
6. Other matters necessary for the promotion of collaborative cooperation.
(3) Upon receiving a request from the Council for the Collaborative Development of Logistics Business or if necessary to establish the collaborative cooperation plan, the Mayor may conduct a survey on the impact of the establishing of a large logistics enterprise in a local commercial zone.
[This Article Wholly Amended by Ordinance No. 5058, Dec. 22, 2010]

Article 4 (Support of Small and Medium Logistics Enterprises and Micro- Enterprises) The Mayor shall prepare a policy on the support in regard to the following matters in order to improve the competitiveness of small and medium logistics enterprises and micro-enterprises and stabilize their business management:
1. Matters regarding support to the business improvement fund;
2. Matters regarding support to the facility improvement fund;
3. Matters regarding the establishment of and support to joint logistics centers;
4. Matters regarding support to business consulting services;
5. Matters regarding education on advanced logistics techniques;
6. Matters regarding support for exhibitions of outstanding local commodities;
7. Matters regarding support for issuing gift certificates through conventional markets and boosting local commercial areas;
8. Other matters regarding support to small and medium logistics enterprises and micro-enterprises.
[This Article Wholly Amended by Ordinance No. 5058, Dec. 22, 2010]

Article 5 (Contribution and Cooperation of Large Logistics Enterprises to Local Communities, etc.) (1) The Mayor may recommend or request the operator of a large logistics enterprise to take the initiative or cooperate in the following matters for balanced development in logistics business in an area and the fostering of local economies:
1. Matters regarding the promotion of employment of local residents;
2. Matters regarding the prospective location and the opening time and scale of a store of the business entity with its principal place of business in the area;
3. Matters regarding the participation of local enterprises in bidding for services or construction works;
4. Matters regarding increasing the supply of products manufactured by local enterprises;
5. Matters regarding the contribution to local communities through programs for public interest;
6. Matters on which the Council adopts a resolution.
(2) The Mayor may enter into an agreement on mutual cooperation with large logistics enterprises in order to promote collaborative cooperation.
[This Article Wholly Amended by Ordinance No. 5058, Dec. 22, 2010]

Article 6 (Council for Collaborative Development of Logistics Business) (1) The Mayor may organize and operate the Council for the Collaborative Development of Logistics Business (hereinafter referred to as the "Council") in order to have the Council deliberate on the following matters to promote collaborative cooperation between large logistics enterprises, small and medium logistics enterprises and micro-enterprises:
1. Matters regarding establishment of the collaborative cooperation plan under Article 3;
2. Matters regarding support to small and medium logistics enterprises and micro- enterprises under Article 4;
3. Matters regarding the contribution and cooperation of large logistics enterprises to local communities under Article 5;
4. Matters regarding cooperation in the purchase of products manufactured by small and medium logistics enterprises in an area and the extension of markets for such products;
5. Matters regarding joint surveys and researches for the balanced development of large logistics businesses and small and medium logistics businesses;
6. Matters the Council considers necessary for collaborative cooperation, such as rewarding persons who have rendered meritorious service in collaborative cooperation, recommending to reward such persons, and making recommendations to the central government;
7. Matters regarding the mediation of the following disputes arising in connection with logistics:
(a) Disputes over business activities between a large store under Article 36 (1) 1 of the Act and wholesalers and retailers in the vicinity: Provided, That cases governed by the Monopoly Regulation and Fair Trade Act shall be excluded herefrom;
(b) Disputes over business activities between a large store under Article 36 (1) 1-2 of the Act and small and medium manufacturers: Provided, That cases governed by the Monopoly Regulation and Fair Trade Act shall be excluded herefrom;
(c) Disputes over living environment between a large store under Article 36 (1) 2 of the Act and residents in the vicinity: Provided, That cases governed by the Environmental Dispute Adjustment Act shall be excluded herefrom;
(d) Other disputes the Mayor considers necessary to mediate, among disputes considered likely to make it difficult to establish good order in commercial transactions without mediating the disputes;
8. Other matters regarding cooperation and support for the promotion of collaborative cooperation and the development of the local logistics industry.
(2) If it is anticipated that a large logistics enterprise's plan to open a store is likely to affect small and medium logistics enterprises and micro-enterprises, the Council may request the Mayor to conduct a survey on the impact on the relevant commercial area pursuant to Article 3 (3).
[This Article Wholly Amended by Ordinance No. 5058, Dec. 22, 2010]

Article 7 (Composition of Council) (1) The Council shall be comprised of not more than 15 members, including one chairperson and one vice chairperson. <Amended by Ordinance No. 5058, Dec. 22, 2010>
(2) The Director General of the headquarters or bureau responsible for logistics business shall serve as the chairperson of the Council, and the vice chairperson shall be elected by and from among council members, and council members shall be commissioned by the Mayor from among the following persons: <Amended by Ordinance No. 5058, Dec. 22, 2010>
1. Members of the Seoul Metropolitan Council;
2. Judges, public prosecutors, or persons qualified for attorneys-at-law;
3. Representatives from large logistics enterprises in the Seoul Metropolitan City (hereinafter referred to as the "City");
4. Representatives from small and medium logistics enterprises in the City;
5. Representatives from organizations of micro-enterprises and conventional markets in the City;
6. Representatives from consumer organizations and civic organizations in the City;
7. Representatives from the Chamber of Commerce and Industry in the City;
8. Other residents in the City, who have sound knowledge of and experience in the logistics industry.
(3) The term of office for a council member who is not a public official shall be two years but may be renewed consecutively: Provided, That the term of office for a council member commissioned to fill a vacancy shall be the remaining term of office for his/her predecessor.
(4) The chairperson shall represent the Council and have overall control over administrative affairs of the Council: Provided, That the vice chairperson shall act on behalf of the chairperson, if the chairperson is unable to perform any of his/her duties due to an extenuating circumstance. <Amended by Ordinance No. 5058, Dec. 22, 2010>
(5) The Council shall have one senior secretary and one secretary to have them carry out administrative work of the Council, and the Officer or Director of the Division responsible for logistics business shall serve as the senior secretary, while the Grade-V officer in charge shall serve as the secretary.

Article 8 (Operation of Council) (1) The chairperson shall convene meetings of the Council and shall preside over the meetings.
(2) When the chairperson intends to convene a meeting of the Council, he/she shall notify each council member of the date, time, and place of meeting and items on the agenda by not later than ten days before opening the meeting: Provided, That the foregoing shall not apply to a case where there is an exceptional circumstance that requires an urgent action. <Amended by Ordinance No. 5058, Dec. 22, 2010>
(3) A meeting of the Council shall be duly formed with the attendance of the majority of incumbent council members, and a resolution shall be adopted by the affirmative voting of the majority of members present at the meeting. <Amended by Ordinance No. 5058, Dec. 22, 2010>
(4) The Council shall prepare and maintain meeting minutes with the following details stated therein:
1. The date, time, and place of meeting;
2. Members present at the meeting;
3. Items on the agenda and details of deliberation and decision;
4. Other matters that the chairperson considers necessary;
5. The signature and seal affixed by the chairperson confirming the details.
(5) Council members who attend a meeting may be given allowances and reimbursed for travel expenses within budget limits: Provided, That the foregoing shall not apply to a council member who attends a meeting as a public official in direct connection with his/her duties.
(6) Except as otherwise provided for in this Ordinance, matters necessary for the operation of the Council shall be determined by the chairperson, subject to prior resolution by the Council.

Article 9 (Support for Promotion of Collaborative Cooperation) The Mayor may provide administrative and financial support necessary for promoting collaborative cooperation within budget limits, if he/she finds that such support is necessary to promote collaborative cooperation.

Article 10 (Duty of Confidentiality) No member of the Council nor a person involved in the Council shall disclose trade secret of any logistics enterprise, which he/she acquires in the course of the performance of his/her duties.

Article 11 (Enforcement Rule) Necessary matters regarding the enforcement of this Ordinance shall be prescribed by Rule.
[This Article Newly Inserted by Ordinance No. 5058, Dec. 22, 2010]