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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROMOTION OF AND SUPPORT FOR URBAN RENEWAL

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary to facilitate the implementation of, and enforce, what is delegated to ordinance by the Special Act on Promotion of and Support for Urban Regeneration and the Enforcement Decree thereof and other related statutes.

Article 2 (Basic Direction) The basic direction in the regeneration of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") shall be to re-create it as a competitive city in which all the citizens enjoy happiness, aiming at each of the following:
1. Creating jobs and strengthening urban competitiveness;
2. Improving the quality of life and realizing living welfare;
3. Creating a pleasant and safe living environment;
4. Enhancing local cultural values and recovering natural scenery;
5. Strengthening residents' capabilities, vitalizing community, etc.

Article 3 (Definitions) The definitions of terms used in this Ordinance are as follows:
1. The term "resident consultation body" means a voluntary resident cooperation body that is organized to participate in the development of an urban regeneration plan and the implementation of projects for the relevant area and to proactively present its opinion;
2. The term "project council" means a consultative body that consists of the operator of an urban regeneration project, interested parties, administrative agencies, etc. to facilitate the implementation of the urban regeneration project.

Article 4 (Joint-Use Facilities) "Facilities prescribed by ordinances" in subparagraph 5 of Article 3 of the Enforcement Decree of the Special Act on Promotion of and Support for Urban Regeneration (hereinafter referred to as the "Enforcement Decree") means each of the following: <Amended by Ordinance No. 6212, May 19, 2016>
1. Facilities necessary for village safety and joint-use management, such as management offices, joint-use delivery boxes, guardrooms, and security and anti-crime facilities;
2. Welfare facilities for community activities, such as resident sports facilities, public baths, reading rooms, small libraries, village libraries, and bicycle racks;
3. Facilities necessary for improving the environmental conditions of villages, such as garbage collection and disposal facilities, recyclable materials collection facilities, pergolas, and joint vegetable gardens;
4. Facilities necessary for community vitalization, such as joint markets, joint conference rooms, and joint warehouses.

Article 5 (Duty) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall continuously implement policies for promoting urban regeneration, including administrative and financial assistance, to perform urban regeneration projects.
(2) Every resident has both the right to participate in urban regeneration projects and the duty to proactively act in light of the obligations and roles he or she has to discharge in resident participation.
(3) Every project operator shall endeavor to adequately reflect opinions of as many residents as possible at all stages of project planning and completion and faithfully implement the project according to the objectives thereof.

CHAPTER II SYSTEM FOR IMPLEMENTING URBAN REGENERATION Article 6 (Composition and Operation of Urban Regeneration Committee) (1) The Mayor may establish the Urban Regeneration Committee to deliberate or render advice on the following matters: <Amended Ordinance No. 7088, Mar. 28, 2019>
1. Matters in the subparagraphs of Article 8 (1) of the Special Act on Promotion of and Support for Urban Generation;
2. Matters on which the head of a Gu requests an integrated deliberation in accordance with the proviso of Article 27 (1) of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;
3. Matters on which the Urban Regeneration Committee deliberates or renders advice on in other Ordinances.
(2) An urban regeneration subcommittee may be established to deliberate or render advice on matters entrusted by the Urban Regeneration Committee. <Amended by Ordinance No. 6516, May 18, 2017>
(3) Article 10 of the Enforcement Decree shall apply to matters necessary for composing, operating, etc. the Urban Regeneration Committee. <Newly Inserted by Ordinance No. 6516, May 18, 2017>

Article 6-2 (Term of Office of Members) (1) The term of office of the members commissioned pursuant to Article 10 (3) 3 of the Enforcement Decree shall be two years from the date of commissioning, and they may be recommissioned only once.
[This Article Newly Inserted by Ordinance No. 6516, May 18, 2017]

Article 6-3 (Exclusion of, Challenge to, or Refrainment by Member) (1) Where a member has directly been involved in the case subject to deliberation, he or she shall be excluded from the deliberation.
(2) Where it is difficult for a person to expect fair deliberation from a member, the relevant person can file an application for challenge to the member. In such cases, the Committee shall make a decision on the application for challenge.
(3) Where a member falls under any ground prescribed in paragraph (1) or (2), he or she shall voluntarily refrain from the deliberation of the matter.
[This Article Newly Inserted by Ordinance No. 6516, May 18, 2017]

Article 6-4 (Dismissal of Members) (1) Where any member falls under any of the following cases, the Mayor may dismiss the relevant member even before the term of office of such member expires:
1. Where the revocation of commissioning is desired voluntarily by a member himself or herself;
2. Where it is difficult for him or her to attend the Urban Regeneration Committee meetings for at least six months due to illness or other reasons;
3. Where he or she becomes disqualified in his or her field;
4. Where he or she discloses any confidential information learned in connection with the duties of the Urban Regeneration Committee;
5. Where he or she harms fairness by failing to abstain despite the fact that he or she falls under a case provided in Article 6-2 (1) or (2);
6. Where a member commissioned pursuant to Article 3 (3) of the Enforcement Decree is requested for a resolution for disciplinary punishment by the Chairperson of the Board of Audit and Inspection or the Mayor.
(2) No member shall be recommissioned where he or she is decommissioned due to engaging in any kind of criminal activities or violating any Acts.
[This Article Newly Inserted by Ordinance No. 6516, May 18, 2017]

Article 7 (Organization and Operation of Exclusive Organization) (1) The "Urban Regeneration Office" under the Seoul Metropolitan Government Ordinance on the Establishment of Administrative Organs shall act as an exclusive organization that exercises overall control over and coordinates urban regeneration-related work to support the development of an urban regeneration strategic plan and an urban regeneration revitalization plan and the implementation of urban regeneration projects, etc., and to promote consultation, etc. between relevant departments and agencies under Article 9 of the Act. <Amended by Ordinance No. 7088, Mar. 28, 2019; Ordinance No. 7154, May 16, 2019>
(2) If necessary to facilitate the functions of the exclusive organization, the Mayor may appoint an expert in the field of urban regeneration as a public official in a fixed-term position.

Article 8 (Designation of Urban Regeneration Support Institutions of Seoul Metropolitan Government) (1) If necessary to facilitate the implementation of an urban regeneration project, the Mayor may designate an institution in or to which an investment or contribution is made by the Seoul Government as an urban regeneration support institution.
(2) Matters concerning designating, etc. the urban regeneration support institutions of the Seoul Metropolitan Government may be separately determined by the Mayor.

Article 9 (Establishment of Urban Regeneration Support Center) (1) The Mayor may establish an urban regeneration support center under Article 11 of the Act.
(2) The head of the urban regeneration support center shall be appointed or commissioned by the Mayor from among the experts who have plenty of learning and experience in urban regeneration as well as service experience in various urban regeneration projects.
(3) The urban regeneration support center shall be comprised of technical experts who can take charge of communication between residents and administrative agencies, support for and advice to residents, etc. in developing a regeneration-related plan, etc.
(4) The Mayor may dispatch related public officials to the urban regeneration support center to ensure its efficient operations.
(5) If necessary to perform the functions of the urban regeneration support center, the head of the urban regeneration support center may request the provision of materials or other cooperation from public officials of the Seoul Government and relevant administrative agencies and from other relevant institutions, corporations and organizations.

Article 10 (Operation of Urban Regeneration Support Center and Entrustment of Functions thereof) The Mayor may entrust the functions of the urban regeneration support center to a corporation, organization, etc. that meets specified requirements for experience, expertise, etc. in urban regeneration, as the need arises. In such cases, the details of the procedure, etc. shall be as provided in the Seoul Metropolitan Government Ordinance on the Entrustment of Administrative Affairs to Private Organizations.

Article 11 (Affairs of Urban Regeneration Support Center) "Affairs prescribed by ordinance of the local government" in subparagraph 2 of Article 15 of the Decree means each of the following: <Amended by Ordinance No. 6386, Jan. 5, 2017>
1. Prior review of residents' proposals for designating urban regeneration revitalization areas;
2. Support for resident consultation bodies and project councils;
3. Connection and communication with intermediary support organizations that support community-level projects, such as local cultural foundations, self-support centers and market revitalization foundations;
4. Support for the trust of unoccupied offices and stores, joint child nursing and care, and local festivals and other urban regeneration projects jointly planned and preformed by local residents, merchants, etc. and the establishment, etc. of the organizations to perform those projects;
5. Urban regeneration-related public relations;
6. Other affairs determined by the Mayor as necessary for supporting urban regeneration projects.

STRATEGIC PLAN

CHAPTER III URBAN REGENERATION Article 12 (Development of Urban Regeneration Strategic Plan) (1) Pursuant to Article 12 of the Act, the Mayor shall develop an urban regeneration strategic plan for the whole or a part of the area over which he or she has jurisdiction.
(2) The urban regeneration strategic plan under paragraph (1) shall include the basic directions and promotion strategy for revitalizing and supporting urban regeneration in the area over which the Mayor has jurisdiction.
(3) The urban regeneration strategic plan shall conform to the national basic guidelines for urban regeneration and the urban basic plan.
(4) The Mayor may require the heads of the Gus, etc. under his or her jurisdiction to submit a plan for developing or modifying the strategic plan.
(5) The Mayor may seek advice from the City Urban Planning Committee to streamline the urban regeneration strategic planning.

Article 13 (Basic Survey for Developing Urban Regeneration Strategic Plan) (1) Pursuant to Article 14 of the Act and Article 18 of the Decree, the Mayor may conduct a basic survey in which the spatial scope is the entire area over which he or she has jurisdiction and the unit of analysis is Eup/Myeon/Dong (referring to "administrative Dong"; hereinafter the same shall apply) in principle, which may be subdivided into the unit of a census output area or lot if necessary.
(2) The basic survey shall be conducted in consideration of the objective described in each of the following subparagraphs:
1. Understanding of the characteristics of the covered area and the environs thereof;
2. Understanding of the present state and actual conditions of urban growth and decline, etc.;
3. Analysis of declining urban areas and identification of local longstanding issues;
4. Exploration of the causes of urban decline and the solutions thereto;
5. Survey and identification of urban human, physical and historical-cultural resources and potential;
6. Accumulation of basic data for continuous monitoring.
(3) The basic survey may be conducted using the urban regeneration comprehensive information system under Article 29 of the Act and the statistical data, etc. compiled by the Statistics Korea.

Article 14 (Residents' Participation in Urban Regeneration Strategic Planning) (1) The Mayor shall guarantee residents, the subjects of urban regeneration to participate in the process of developing an urban regeneration strategic plan to the maximum extent practicable.
(2) The Mayor shall endeavor to disclose relevant information to promote resident participation and to enhance residents' sense of participation through educational programs, publicity activities, etc.
(3) The Mayor shall endeavor to constantly collect and reflect residents' opinions in developing the urban regeneration strategic plan.
(4) The Mayor may survey residents' opinions if deemed necessary to seek opinions directly from residents about an urban regeneration policy, etc. In such cases, resident's gender, age, social class, and regional characteristics shall be taken into consideration. <Amended by Ordinance No. 6212, May 19, 2016>

Article 15 (Residents' Proposals for Designating Urban Regeneration Revitalization Areas) Every resident (including any interested party; hereinafter the same shall apply) may propose to designate an urban regeneration revitalization area or change such designation under Article 18 of the Act and Article 23 of the Decree. <Amended by Ordinance No. 6386, Jan. 5, 2017>

Article 16 (Development of Urban Regeneration Revitalization Plan) (1) The Mayor may develop an urban regeneration revitalization plan for an urban regeneration revitalization area designated under the urban regeneration strategic plan pursuant to Article 19 of the Act.
(2) The urban regeneration revitalization plan shall conform to the urban regeneration strategic plan and include measures for coexistence development for an area such as a coexistence agreement, etc. under Article 27-2 of the Act. <Amended by Ordinance No. 6842, Mar. 22, 2018>
(3) The urban regeneration revitalization plan shall be subdivided into an 'urban economy-based revitalization plan' and a 'neighborhood regeneration revitalization plan' according to the local circumstances.
(4) The Mayor may require the heads of the Gus, etc. under his or her jurisdiction to submit a plan for developing or modifying the urban regeneration revitalization plan.
(5) The Mayor may seek advice from the City Urban Planning Committee to streamline the urban regeneration revitalization planning. <Amended by Ordinance No. 6212, May 19, 2016>

Article 17 (Approval of Urban Regeneration Revitalization Plan) The Mayor may, upon receipt of a request for approving a neighborhood regeneration revitalization plan from the head of a Gu, etc. under Article 20 (2) of the Act, require the head of the Gu, etc. to submit a plan for promoting urban regeneration with the following documents: <Amended by Ordinance No. 7154, May 16, 2019>
1. Record of public hearing results;
2. Record of opinions presented by the relevant Gu council under Article 20 of the Act;
3. Details of advice, if any, provided by the advisory group or urban planning committee of the relevant Gu;
4. Documents required for determining the national support to be provided under Article 20 (4) of the Act;
5. Other materials deemed by the Mayor necessary to approve the urban regeneration revitalization plan.

Article 18 (Residents' Participation in Urban Regeneration Revitalization Planning) Article 14 shall apply mutatis mutandis to the participation of residents in urban regeneration revitalization planning. In such cases, the "urban regeneration strategic plan" shall be deemed "urban regeneration revitalization plan".

Article 19 (Evaluation of Urban Regeneration Revitalization Plan) (1) Where necessary to evaluate the implementation results, etc. of an urban regeneration revitalization plan under Article 24 of the Act and Article 31 of the Decree, the Mayor may conduct a comprehensive evaluation by establishing a monitoring and evaluating system; and, if necessary, may investigate the status, results, etc. of project implementation by each of the urban regeneration project operators and require him or her to submit a report or relevant materials. <Amended by Ordinance No. 6212, May 19, 2016>
(2) Any project operator who is provided with a subsidy for an urban regeneration project shall submit to the Mayor a report specifying the implementation results of the project, the details of project settlement, the details of self-evaluation, etc. not later than January 31 of next year. <Amended by Ordinance No. 6212, May 19, 2016>
(3) To evaluate the implementation results, etc. of a neighborhood regeneration revitalization plan for the previous year, the Mayor may require the head of a Gu under his or her jurisdiction to undergo the investigation of the status, results, etc. of project implementation and to submit necessary reports or relevant materials.

CHAPTER IV IMPLEMENTATION OF URBAN REGENERATION PROJECTS Article 20 (Implementation and Management of Urban Regeneration Projects) (1) With respect to various urban regeneration projects performed according to an urban regeneration revitalization plan, the Mayor shall manage the entire project schedule and closely examine the period, methods, etc. of budget support to facilitate the implementation of those projects and to maximize project outcomes.
(2) The Mayor shall devise and implement necessary measures for an urban regeneration project that shows slow progress.
(3) Subsequent to an urban regeneration project, the Mayor shall devise and implement necessary measures, such as the operation of programs for strengthening residents' capabilities, to ensure the sustainability of the project outcomes and to enable residents to promote urban regeneration projects on their own initiative.

Article 21 (Resident Consultation Bodies) (1) Matters concerning organizing and dissolving resident consultation bodies under subparagraph 1 of Article 3 shall be prescribed by rule of the Seoul Government.
(2) The Mayor shall guarantee resident consultation bodies an opportunity to participate in the process of implementing urban regeneration projects and may provide resident consultation bodies with subsidies to cover expenses incurred by them in performing their projects, etc. within the budget. <Amended by Ordinance No. 6212, May 19, 2016>
(3) Matters concerning responsibility for accurate accounting, other restrictions, etc. of a local government-subsidized resident consultation body shall governed by the Local Finance Act and the Seoul Metropolitan Government Ordinance on the Management of Local Subsidies. <Amended by Ordinance No. 6212, May 19, 2016>

Article 22 (Project Councils) (1) To facilitate the implementation of an urban regeneration project, the Mayor may organize and operate a project council that consists of the operator of the urban regeneration project, interested parties, administrative agencies, etc.
(2) Each project council shall collect the opinions of interested parties involved in the urban regeneration project, seek understanding and cooperation necessary to implement the project, and settle disputes and conflicts by building consensus on project implementation.
(3) Detailed matters regarding organizing and operating project councils shall be determined by the Mayor in consideration of the characteristics, etc. of the urban regeneration projects.
(4) The Mayor may separately allocate a budget necessary for operating project councils.

CHAPTER V SUPPORT FOR PROMOTION OF URBAN REGENERATION Article 23 (Financial Support) (1) Where the Mayor fully or partially subsidizes or finances expenses for a relevant project pursuant to Article 27 (1) of the Act, he or she shall establish project support plans specifying the projects eligible for support, the scope and amount of support, etc. every year; and shall publicly announce such plans. <Amended by Ordinance No. 6212, May 19, 2016>
(2) The terms of extending subsidies or loans under paragraph (1), maturity, interest rates, overdue interest, etc. shall be prescribed by rule of the Seoul Government.
(3) The Mayor may allocate a budget on an annual basis to cover the expenses necessary to support urban regeneration projects, including the share of local expenses in the projects eligible for National Treasury subsidies. <Newly Inserted by Ordinance No. 6212, May 19, 2016>
(4) When making a decision on support for an urban regeneration project, the Mayor shall examine the necessity, feasibility, etc. of the project. <Newly Inserted by Ordinance No. 6212, May 19, 2016>

Article 24 (Operation of and Support for Projects for Preliminary Stage for Urban Regeneration) (1) The Mayor may conduct candidate site projects, governance establishment projects, and other projects necessary for urban regeneration (hereafter in this Article referred to as “preliminary stage project”) for creating consensus for urban regeneration and strengthening residents’ capabilities, etc. before designation or change of areas for promotion of urban regeneration.
(2) The Mayor may take measures necessary for facilitating operation of preliminary stage project and support project costs within the budget.
[This Article Wholly Amended by Ordinance No. 7154, May 16, 2019]

Article 25 (Revocation of Support Decision and Recovery of Subsidies) (1) Where a person determined to be provided with subsidies or loans under Article 23 falls under any of the following cases, the Mayor may revoke such decision or direct him or her to return the subsidy already provided thereto:
1. Where the project cost is used for other than its original purpose;
2. Where the subsidy has been obtained by fraud or other wrongful means;
3. Where it is deemed impracticable to implement the project taking into account statues and regulations or other circumstances;
4. Where any of the Local Finance Act, the Seoul Metropolitan Government Ordinance on the Management of Local Subsidies, or matters prescribed by rule of the Seoul Government is violated;
(2) Where the Mayor revokes the support decision or recovers the subsidies pursuant to paragraph (1), he or she shall follow the procedures of prior notice of disposition and presenting opinions under the Administrative Procedures Act. <Amended by Ordinance No. 6386, Jan. 5, 2017>
[This Article Wholly Amended by Ordinance No. 6212, May 19, 2016]

Article 26 (Establishment of Fund on Urban Regeneration) (1) The Mayor may establish a fund on urban regeneration pursuant to Article 142 of the Local Autonomy Act (hereinafter referred to as "fund") to continuously and stably facilitate and support urban regeneration revitalization and urban regeneration projects.
(2) Detailed matters regarding establishing, operating, and managing the fund shall be prescribed by separate ordinance.
(3) The urban regeneration special account under Article 28 of the Special Act on Promotion of and Support for Urban Regeneration shall be integrated into and operated with the fund on urban regeneration of the Seoul Metropolitan Government.
[This Article Wholly Amended by Ordinance No. 6434, Mar. 23, 2017]

Article 26-2 (Criteria for Public Interest for Exemption from User Fees for Using Joint Use Facilities) (1) "Criteria for public interest" for exemption from a user fee for using joint use facilities within urban regeneration revitalization areas under Article 30-2 of the Act shall be any of the following:
1. Activities to improve a living environment in a deteriorating urban area;
2. Activities to secure resident's health, safety and interest and resolve immediate local issues such as recovering local communities;
3. Activities to contribute to enhancing local resident's quality of life by revitalizing local economy through providing social services or creating jobs in a field closely related with resident's living convenience such as education, safety, welfare, medicine, environment and ecology;
4. Other activities deemed necessary for promotion of urban regeneration by the Mayor.
(2) Entities eligible for exemption from a user fee pursuant to Article 30-2 of the Act shall be any of the following: <Amended by Ordinance No. 7088, Mar. 28, 2019>
1. The Mayor of the Seoul Metropolitan Government, the head of Gu;
2. An urban regeneration support center under Article 11 of the Act;
3. A resident consultation body or project council under Article 3;
4. A community company under Article 2 (1) 9 of the Act;
5. A social economic enterprise led by local residents under Article 3 (2) of the Seoul Metropolitan Government Framework Ordinance on Social Economy.
[This Article Newly Inserted by Ordinance No. 6842, Mar. 22, 2018]

Article 27 (Special Cases concerning Easing of Construction Restriction) (1) The extent of easing the building-to-land ratio under Article 39 (1) of the Decree is as follows:
1. Where the site for infrastructure is supplied: Within (the building-to-land ratio applied to specific-use areas as at the time an urban regeneration revitalization area is designated) × (1 + the area of the site for infrastructure supplied ÷ the original area of the lot);
2. Where a separate restriction is placed on heights as required by the urban regeneration revitalization plan including the protection of cultural heritage, etc., urban scenery, environmental improvement, and the revitalization of streets: Within the ratio provided in Article 84 of the Enforcement Decree of the National Land Planning and Utilization Act.
(2) The criteria for installing parking lots in an urban regeneration revitalization area under Article 32 (2) of the Act may be relaxed by the urban regeneration revitalization plan to the extent determined by the Seoul Metropolitan Government Ordinance on the Installation and Management of Parking Lots where a public parking lot is installed in the place provided in each of the subparagraphs of Article 7 (2) of the Enforcement Decree of the Parking Lot Act. <Amended by Ordinance No. 7088, Mar. 28, 2019>

CHAPTER VI SUPPLEMENTARY PROVISIONS Article 28 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Government. <Amended by Ordinance No. 6386, Jan. 5, 2017>

ADDENDUM
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6212, May 19, 2016>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6386, Jan. 5, 2017>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 6434, Mar. 23, 2017>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 6516, May 18, 2017>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6842, Mar. 22, 2018>
This Ordinance shall enter into force on the date of its promulgation. Provided That, the amended provisions of Article 26-2 shall enter into force on June 27, 2018.
ADDENDA <Ordinance No. 7046, Mar. 28, 2019>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 Omitted.
ADDENDUM <Ordinance No. 7088, Mar. 28, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7154, May 16, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7156, May 16, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7195, May 16, 2019>
This Ordinance shall enter into force on the date of its promulgation.