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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON OPENING AND USE OF DORMANT SPACES AT PUBLIC FACILITIES

Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters on opening and use of dormant spaces at public facilities of the Seoul Metropolitan Government in order to encourage citizens to conveniently use such spaces by opening them and to contribute to creating local communities and promoting lifelong learning programs.

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. The term "public facility" means a facility for common and public use established by the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") for public purposes;
2. The term "dormant space" means a space at a public facility which may be opened to citizens because it is not used for business during a specific period;
3. The term "citizen" means an individual or organization wishing to use an open space;
4. The term "use" means an activity, such as education, lectures, seminars and meetings for resolving local problems, carried out in a space the use of which is permitted;
5. The term "user" means a person who has obtained permission for use pursuant to Article 8;
6. The term "fees" means fees paid for facility use by a person permitted to use it pursuant to Article 8.

Article 3 (Responsibilities of Mayor) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall keep open spaces safe and comfortable, and shall endeavor to enhance utilization thereof and proactively respond to the diverse demand by continuously identifying open spaces and opening them.
(2) Users shall observe various provisions prescribed in this Ordinance to use spaces in a safe and comfortable manner.

Article 4 (Relationship to Other Ordinances of the Seoul Government) Except as otherwise provided in other Ordinances of the Seoul Government, this Ordinance shall apply to the use of public facilities.

Article 5 (Scope of Open Spaces) (1) The Mayor may permit citizens to use dormant spaces so as not to hinder objectives or usage of such spaces: Provided, That if necessary for effectively accomplishing administrative purposes, matters on opening of the spaces, such as available spaces and opening hours, may be altered.
(2) Matters necessary for a facility to be opened to citizens, such as available spaces and opening hours, shall be determined by the Mayor and publicly announced through the open space reservation system.

Article 6 (Qualification for Use) Any of the following persons shall be allowed to use open spaces:
1. A person registered with the Seoul Government as a resident;
2. An employee of a company, or a student of a school, which has its address in Seoul Metropolitan City;
3. An organization which has its address in Seoul Metropolitan City;
4. Other cases deemed by the Mayor appropriate for public good.

Article 7 (Period of Use) (1) Open spaces shall be used once a day.
(2) In special cases, including education for residents, open spaces may be used for up to four months or up to 16 times, and where the period of use needs to be extended after it expires, Article 8 shall apply.

Article 8 (Application and Permission for Use) (1) Where a citizen intends to use an open space, he or she shall file an application for use, via the Internet, etc., between five and 90 days before the purposed date of use or the commencement date of the period of use: Provided, That the application period may be otherwise determined depending on the conditions of open facilities.
(2) Where the applicant referred to in paragraph (1) is an organization, the representative of the organization shall be designated to file an application.
(3) Upon receipt of an application for use made under paragraph (1), the Mayor shall decide whether to permit use within three days from the application date and notify the applicant of his or her decision.

Article 9 (Preferential Use) Where multiple applications for use of an open space are filed, the Mayor may accord the following priority:
1. Where both an individual and organization file an application for use simultaneously, priority shall be accorded to the organization;
2. Where multiple organizations file an application for use simultaneously, priority shall be accorded to the organization which files an application first.

Article 10 (Exclusion from Permission for Use) In any of the following cases, the Mayor shall not permit the use of an open space:
1. Where it is used for political activities;
2. Where it is used for religious activities;
3. Where it is used for profit making;
4. Other cases where public order and good social morals and customs are likely to be compromised.

Article 11 (Revocation or Suspension of Permission for Use) Where a person permitted to use commits either an act referred to in Article 10 or any of the following acts, the Mayor may revoke permission for use or suspend use:
1. Where he or she violates a matter prescribed in this Ordinance;
2. Where he or she violates the purpose of use or fails to pay fees by the specified payment deadline;
3. Other cases where the Mayor deems it necessary to restrict use for public safety and maintenance of facilities.

Article 12 (Fees) (1) The Mayor shall impose and collect fees on the user under Article 5.
(2) Fees for use of open spaces shall be as specified in the attached Table.
(3) Notwithstanding paragraph (2), fees may be reduced or exempted by up to 5/100 for a person who pays the relevant fees through the simple payment system for micro-enterprises (referring to a payment system operated by an operating institution designated by the Minister of SMEs and Startups in order to reduce payment fees borne by micro-enterprises), as determined by the Mayor. <Newly Inserted by Ordinance No. 7114, May 2, 2019>
[Paragraph (3) of this Article shall be effective until December 31, 2019 pursuant to Article 2 of the Addenda to Ordinance No. 7114 (May 7, 2019).]

Article 13 (Payment and Refund of Fees) (1) A person permitted to use shall pay fees within two days after receipt of a notice of permission for use: Provided, That the fees may be paid in monthly installments, if an open space is continuously used for at least one month.
(2) In any of the following cases, the Mayor shall fully or partially refund the fees paid by a user:
1. Where the user is unable to use an open space without any reason attributable to him or her, the fees shall be refunded along with interest;
2. Where the user cancels use, the full amount of fees shall be refunded three days before the scheduled date of use; 90% two days before the date of use; 80% the day immediately before the date of use; and no fees shall be refunded on the date of use;
3. Where the user has paid the fees in a lump sum to use an open space for a specified period, the fees referred to in subparagraph 1 or 2 shall be refunded for the respective remaining period of use, excluding the fees for the period during which such space was already used.

Article 14 (User's Installation of Equipment and Obligation to Reinstate) (1) Where a user intends to install equipment necessary to use an open space, he or she shall obtain prior approval from the Mayor.
(2) The user shall reinstate equipment installed pursuant to paragraph (1), simultaneously with the expiration of the period of use, and obtain confirmation thereof from the Mayor.

Article 15 (User's Liability to Compensate) (1) A user shall perform his or her duties as a good manager for an open space during the period of use.
(2) Where a user damages facility, etc. during the period of use, he or she shall reinstate it or compensate for such damage.

Article 16 (Prohibition of Transfer and Sublease) No person who has obtained permission for use of an open space under this Ordinance shall transfer or sublease his or her rights thereto without approval from the Mayor. <Amended by Ordinance No. 6176, Mar. 24, 2016>

Article 17 (Provisions Applicable Mutatis Mutandis) Except as provided in this Ordinance with regard to accounting procedures, such as collection and refund of fees, the accounting regulations of the Seoul Government shall apply mutatis mutandis.

ADDENDUM
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5397, Dec. 31, 2012>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 7114, May 2, 2019>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Effective Period for Applying Reduction of and Exemption from Fees regarding Payment through Simple Payment System for Micro-Enterprises)
The amended provisions of Article 12 (3) shall be effective until December 31, 2019.

- Table 1 (Fees for Using Open Spaces at Public Facilities (pursuant to Article 12 (2)))

- Form 1 (Application for Use of Open Spaces at Public Facilities)

- Form 2 (Written Permission to Use Open Spaces at Public Facilities)

- Form 3 (Application for Refund of Fees for Using Open Spaces at Public Facilities)