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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON PARTICIPATION OF PRIVATE EXPERTS IN CITY ADMINISTRATION AND SUPPORT THEREFOR

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON PARTICIPATION OF PRIVATE EXPERTS IN CITY ADMINISTRATION AND SUPPORT THEREFOR

Article 1 (Purpose) The purpose of this Ordinance is to efficiently operate a system for private experts to participate in the administration of the Seoul Metropolitan Government and to contribute to improving expertise in the adminstration thereof, by prescribing matters necessary for implementing the system and support therefor.

Article 2 (Definitions) The term "private experts for the Seoul Metropolitan Government" (hereinafter referred to as "private experts") in this Ordinance means the non-public officials commissioned by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor"), so that they can play a role in coordinating or planning specific policies, projects, etc. of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government").

Article 3 (Basic Principles) (1) The Mayor shall lay a foundation for establishing a system for private experts to participate in the Seoul Government's administration and to support such participation (hereinafter referred to as "private expert system") to reinforce expertise in the Seoul Government's administration; and shall actively promote the private expert system to realize such participation and support.
(2) Private experts shall display their expertise with respect to the matters prescribed in statutes or municipal ordinances and rules, within the agreed scope of role and authority.

Article 4 (Scope of Application) (1) Except as otherwise expressly provided for in any other statute or municipal ordinance, this Ordinance shall apply to the private experts commissioned by the Seoul Government or its affiliated agencies to implement any specific policy, project or task.
(2) Any department in charge of the private expert system may formulate and implement separate guidelines for the matters not prescribed by this Ordinance, based on the conditions of the specific policy, project or task.

Article 5 (Requirements for Private Expert System) (1) The Mayor may operate the private expert system only in the following cases:
1. Where private experts who have highly specialized knowledge or experience in a specific field are necessary;
2. Where private experts are necessary for encouraging residents' participation; actively reflecting residents' opinions; and coordinating their interests.
(2) A plan to commission private experts shall include the following matters:
1. Scope of roles and services of private experts;
2. Qualification requirements for, and period for commissioning, private experts;
3. Method of selecting private experts;
4. Authority and responsibilities of private experts;
5. Remunerations of private experts and details thereof;
6. Grounds for disqualification and dismissal of private experts;
7. Matters necessary for operating and supporting the private expert system.

Article 6 (Qualification Requirements for Private Experts) (1) Each private expert shall have high-level expertise and abundant experience; and shall, in performing his/her duties, maintain a level of transparency and a sense of ethics as high as those of ordinary public officials.
(2) The Mayor shall separately prescribe detailed qualification requirements for private experts, based on the special characteristics of the policies, projects or tasks they conduct as well as the roles they perform.

Article 7 (Commissioning Private Experts) (1) The Mayor shall post job openings using newspapers or broadcasting, on the website of the City, or by other effective means to commission private experts; and may request the relevant specialized entities, such as public institutions and association, to recommend private experts.
(2) Where the Mayor intends to commission private experts, he/she shall consider gender equality.
(3) Notwithstanding paragraphs (1) and (2), a person who makes an innovative proposal for any specific policy, project or task may be commissioned as a private expert.

Article 8 (Period for Commissioning Private Experts) A period for commissioning a private expert shall be two years, renewable consecutively yearly; and may otherwise be determined in extenuating circumstances, based upon the period of the relevant project.

Article 9 (Standards for Remuneration of Private Experts) Standards for remuneration of private experts may be prescribed, based on the scope of their duties, role, working hours, career background, etc. as well as "the Unit Wages of Engineers," "the Standard Unit Payroll Expenses of Scientific Research Services," "the Regulations on Remuneration of Public Officials," etc.

Article 10 (Authority and Responsibility of Private Experts) (1) Private experts may examine the relevant matters and present their opinions thereon to consistently facilitate a specific policy, project or task in conformity with its basic direction.
(2) Private experts shall maintain cooperative business relationships with public officials in charge.
(3) Private experts shall gather diverse consensus from local residents and endeavor to reflect such consensus in the course of implementing policies or projects and performing tasks.
(4) Where a private expert has an interest in any specific policy, project or task, he/she shall be restricted from implementing or participating in such project.
(5) No private expert shall disclose or divulge any confidential information he/she has become aware of in the course of performing his/her duties.
(6) No private expert shall receive any money, valuables, or entertainment; or request any unfair favor or assistance.

Article 11 (Administrative and Financial Assistance) (1) If the Mayor deems it necessary for private experts to improve the efficiency of their service or to efficiently exchange opinions and cooperate with public officials, he/she may provide private experts with separate office space.
(2) The Mayor shall provide private experts with data related to the relevant policy, project or task so as to enable them to efficiently perform their duties: Provided, That the above-mentioned provisions shall not apply to any data restricted from disclosure for any reason such as security.
(3) The Mayor shall endeavor to secure adequate budget funding to smoothly implement the private expert system.

Article 12 (De-commissioning Private Experts) In any of the following cases, the Mayor may decommission a private expert even during the period for commissioning:
1. Where he/she unduly gets involved in interests related to his/her duties;
2. Where he/she is deemed unsuitable to perform his/her duties due to indecent conduct, or any other ground;
3. Where he/she is deemed to neglect his/her role or responsibility or incompetent for performing his/her duties;
4. Where he/she is deemed unable to perform his/her duties during the period for commissioning due to a physical or mental disorder;
5. Where he/she falls under any grounds for disqualification under Article 31 of the Local Public Officials Act or is prosecuted in a criminal case.

ADDENDA <Ordinance No. 6472, May. 18, 2017>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure)
Any private expert who has been commissioned and performs his/her duties as at the time this Ordinance enters into force shall be deemed a private expert who has been duly commissioned and performs his/her duties pursuant to this Ordinance.