SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON PUBLIC PROPERTY AND COMMODITY MANAGEMENT
- Enactment No. 3499, Jul. 19, 2006
- Enactment No. 3535, Mar. 15, 2007
- Amendment of Other Laws No. 3584, Nov. 01, 2007
- Partial Amendment No. 3695, Oct. 08, 2009
- Amendment of Other Laws No. 3711, Dec. 10, 2009
- Partial Amendment No. 4024, Apr. 16, 2015
- Amendment of Other Laws No. 4048, Aug. 27, 2015
- Partial Amendment No. 4052, Oct. 22, 2015
- Partial Amendment No. 4134, Jan. 19, 2017
- Partial Amendment No. 4282, May. 30, 2019
- Amendment of Other Laws No. 4303, Oct. 10, 2019
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Rule is to provide for matters necessary for the enforcement of the Seoul Metropolitan Government Ordinance on Public Property and Commodity Management. <Amended by Rule No. 4024, Apr. 16, 2015>
Article 2 (Designation of Officer in Overall Charge of Public Property and Commodity Management and Public Property/Commodity Management Officer)
(1) The officer in overall charge of property and commodity management (hereinafter referred to as the "officer") under Article 2 of the Seoul Metropolitan Government Ordinance on Public Property and Commodity Management (hereinafter referred to as the "Ordinance") shall exercise general supervision over affairs related to the management of public property and commodities of the Seoul Metropolitan Government, and an assistant officer shall assist the officer. <Amended by Rule No. 4024, Apr. 16, 2015>
CHAPTER II COMMON PROVISIONS CONCERNING PUBLIC PROPERTY
Article 3 (Officer's Authority and Overall Control over Property)
(1) The officer shall classify types of property according to the nature thereof and shall designate a property management officer.
Article 4 (Property Management Officer's Responsibilities for Management)
(1) Each property management officer for the Seoul Metropolitan Government-owned property shall be responsible for the maintenance, preservation, and handling of such property.
Article 5 (Allocation of Duties of Management)
When a property management officer allocates his or her duty to manage the Seoul Metropolitan Government-owned property pursuant to Article 4 (2), he or she shall submit a document describing the following matters to the officer:
Article 6 Deleted. lt;by Rule No. 4282, May 30, 2019gt;
Article 7 (Operation of Public Property Deliberative Council)
(1) The chairperson of the Deliberative Council shall convene and preside over its meetings.
Article 8 (Boundary Lines)
Indestructible boundary signs shall be installed at places necessary for indicating boundary lines of the land owned by the Seoul Metropolitan Government.
Article 9 (Appointment of Custodians)
When it is intended to appoint or replace a custodian pursuant to Article 4 (6), a document describing the following matters shall be submitted to the Mayor:
Article 10 (Transfer of Property between Accounts)
When a property management officer intends to transfer any property under the jurisdiction of another property management officer between accounts, the two property managers shall consult with each other thereon to transfer such property pursuant to Article 12 of the Public Property and Commodity Management Act (hereinafter referred to as the “Act”) and shall report the results thereof to the officer. <Amended by Rule No. 4282, May 30, 2019>
Article 11 (Application for Approval for Reclassification and Replacement of Property Management Officer)
When a property management officer intends to reclassify property or replace the property management officer of any property under his or her jurisdiction, he or she shall consult in advance with the head of the division to which the property is to be transferred and shall file an application therefor with the officer, along with the following documents: <Amended by Rule No. 4024, Apr. 16, 2015>
Article 12 (Fire Report)
(1) When any property of the Seoul Metropolitan Government is damaged by a fire or any other accident, the property management officer shall report it to the Mayor with the following documents:
Article 13 (Acceptance of Donated Property)
(1) If a person intends to donate property with intent to have the property included in the Seoul Metraopolitan Government-owned property pursuant to Article 5 of the Enforcement Decree of the Public Property and Commodity Management Act (hereinafter referred to as the “Decree”), the competent property management officer shall file an application therefor with the Mayor, along with the following documents: <Amended by Rule No. 4134, Jan. 19, 2017; Rule No. 4282, May 30, 2019>
Article 14 (Application for Sale)
A property management officer shall, if necessary to sell Seoul Metropolitan Government-owned property, file an application therefor with the Mayor, along with the following documents: <Amended by Rule No. 4024, Apr. 16, 2015>
Article 15 (Disuse of Administrative Property)
(1) When a property management officer decides to discontinue the specific use of any administrative property that belongs to the property of a general account, he or she shall convey the property to the officer, along with the following documents: Provided, That property the officer's management of which is difficult, such as real estate with a building or other facility thereon, a ship, and aircraft, shall remain under the management of the property management officer until such officer is replaced or the property is disposed of: <Amended by Rule No. 4024, Apr. 16, 2015>
Article 16 (Exchanges)
When necessary to exchange any property owned by the Seoul Metropolitan Government, the competent property management officer shall file an application therefor with the Mayor, along with the following documents: <Amended by Rule No. 4024, Apr. 16, 2015>
Article 17 Deleted. lt;by Rule No. 4024, Apr. 16, 2015gt;
Article 18 (Price Appraisal)
(1) Where any property owned by the Seoul Metropolitan Government is sold, exchanged, or lent (excluding land), a report on price appraisal shall be prepared in attached Form 4 as a material for the determination of the estimated price.
Article 19 (Handover)
If the Mayor, the officer, or a property management officer is changed, public property shall be handed over by the following documents: Provided, That the property list referred to in subparagraph 2 may be omitted when the Mayor is changed:
CHAPTER III ACQUISITION AND DISPOSAL OF PUBLIC PROPERTY
Article 20 (Registration Process)
(1) Upon acquisition of any property owned by the Seoul Metropolitan Government, the head of the division or affiliate office in charge of the acquisition (hereinafter referred to as the "acquisition division") shall register or record such and undergo other procedures necessary for securing rights thereto, as prescribed by statutes or regulations.
Article 21 (Application for Purchase)
(1) Where the head of a division of the Seoul Metropolitan Government or the head of any of its affiliate offices needs to purchase any property as property belonging to the Seoul Metropolitan Government, he or she shall submit the following documents to the Mayor: <Amended by Rule No. 4024, Apr. 16, 2015>
Article 22 (Application for Construction)
(1) If necessary to construct, extend, remodel, relocate, demolish, transfer, or reshape any property owned by the Seoul Metropolitan Government, a property management officer shall file an application therefor with the Mayor, along with the following documents:
CHAPTER IV PUBLIC PROPERTY REGISTER AND DRAWINGS
Article 23 (Keeping of Registers and Drawings)
(1) The officer and each property management officer shall keep a public property management register and drawings for the property under his or her jurisdiction, along with relevant documents evidencing rights thereto, and shall keep and maintain records of the management and conveyance of property.
Article 24 (Recording in Register and Notification)
(1) Whenever there is an increase, decrease, or any other change in any property owned by the Seoul Metropolitan Government other than the property under his or her jurisdiction, a property management officer shall notify the competent property management officer of such event immediately when such event occurs.
Article 25 (Report on Changes)
(1) If any property of the Seoul Metropolitan Government is acquired or disposed of or there is any change thereto, the competent property management officer shall record such fact in the relevant register, report it to the officer not later than the 10th day of the following month, along with evidential documents related thereto, and shall enter the details in the public property management system.
Article 26 (Leased Property)
When private property, etc. is leased, the head of the division in charge of the use of the leased property shall prepare and keep the leased property register in attached Form 7 and shall report it to the officer.
Article 27 (Permission for Use of Administrative Property)
A written permission for the use of administrative property under Article 19 of the Ordinance shall be granted in attached Form 8, and terms and conditions of permission shall be prepared in attached Form 9 mutatis mutandis.
Article 28 (Lease Agreement)
A written lease agreement under Article 35 of the Ordinance shall be made in attached Form 10. <Amended by Rule No. 4134, Jan. 19, 2017>
Article 29 (Public Property Management Plan)
A public property management plan under Article 13 of the Ordinance shall be prepared in attached Form 11.
Article 30 (Agreements)
Agreements on trust, exchange, sale and purchase, and transfer of property and applications for purchase thereof shall be made in the following forms:
Article 31 (Lease and Permission for Use)
When a property management officer intends to lease or permit the use of any property under his or her jurisdiction, he or she shall process the application filed by the applicant in attached Form 17, along with the following documents, and shall report the results thereof to the Mayor without delay. The same shall also apply to consecutive lease or permission for use:
Article 32 (Recording of Lease and Permission for Use)
When a property management officer leases or permits the use of any property, he or she shall record such fact in the "Details of Lease and Use" in attached Form 5 (Public Property Management Register). <Amended by Rule No. 4134, Jan. 19, 2017>
Article 33 (Report on Price Appraisal)
A report on price appraisal of earth and stones under Article 28 (3) of the Ordinance shall be prepared in attached Form 18.
Article 34 (Prior Notice of Indemnities)
Prior notices, written opinions, and applications for payment in installments and deferment of collection regarding indemnities under Articles 89 through 90-2 of the Ordinance shall be made in the following forms: <Amended by Rule No. 4052, Oct. 22, 2015>
CHAPTER V MANAGEMENT OF OFFICE BUILDINGS AND OFFICIAL RESIDENCES
Article 35 (Management of Office Buildings)
A plan for the construction of a new office building under Article 43 of the Ordinance shall be formulated in attached Form 20.
Article 36 (Management of Official Residences)
(1) No person, other than eligible public officials under Article 49 of the Ordinance, shall use an official residence: Provided, That if an eligible public official does not use his or her official residence for a long time, he or she may permit a houseless public official under his or her supervision to use it.
CHAPTER VI MANAGEMENT OF COMMODITIES
Article 37 (Request for Purchase of Commodities)
A request for the purchase (repair or production) of commodities under Article 63 or 65 of the Ordinance shall be prepared in attached Form 25.
Article 38 (Determination of Full Number of Commodities)
(1) The full number of commodities whose number is subject to control under Article 58 of the Decree and the criteria for requirements therefor shall be determined by the Director of each Division in the Seoul Metropolitan Government and the head of each affiliated administrative agency, respectively, and shall be approved by the Mayor in attached Form 26. The same shall also apply to any adjustment of the full number of commodities.
Article 39 (Acceptance of Contributions)
The acceptance of contributions under Article 66 of the Ordinance shall be made in attached Form 27.
Article 40 (Notice of Decision on Disuse)
A disuse decision notification under Article 71 of the Ordinance shall be issued in attached Form 28.
Article 41 (Report on Destruction of Disused Commodities)
A report on the destruction (dismantlement) of commodities under Article 73 of the Ordinance shall be made in attached Form 29.
Article 42 (Commodity Receipt and Delivery Order)
(1) When a commodity management officer intends to have any commodity delivered or received, he or she shall order a commodity receipt and delivery officer to deliver or receive it, clearly stating the category of the commodity to be delivered or received.
Article 43 (Requirements for Order for Delivery or Receipt)
When a commodity management officer intends to issue an order for delivery or receipt, he or she shall examine the name, quantity, supplier and recipient of the commodity and whether the timing or a reason for the delivery or receipt is proper.
Article 44 (Request for Commodities)
When an assistant commodity receipt and delivery officer intends to have any commodity delivered, he or she shall request it to the competent commodity management officer via the competent commodity operation officer by a request and delivery slip.
Article 45 (Delivery of Commodities)
(1) Upon receipt of a request under Article 44, a commodity management officer shall examine such request and then order a commodity receipt and delivery officer to take necessary measures.
Article 46 (Delivery of Expandable Supplies)
(1) Any expandable supplies, postage stamps, and revenue certificate stamps may be delivered to each assistant commodity receipt and delivery officer in advance to meet expected demands for such consumables.
Article 47 (Return of Commodities)
(1) An assistant commodity receipt and delivery officer shall immediately return any disused commodities under Article 71 (1) of the Ordinance and commodities produced or left over after the completion of a construction (including repair, etc.) project to the competent commodity management officer via the competent commodity operation officer, along with the return and acceptance slip in attached Form 33. <Amended by Rule No. 4134, Jan. 19, 2017>
Article 48 (Transfer of Custody and Free Transfer)
(1) When a commodity management officer intends to transfer the custody of any commodity or transfer any commodity without consideration to another commodity management officer, he or she shall reach an agreement with the other commodity management officer in advance by an agreement on the transfer of custody of commodity or an agreement on the free transfer of commodity in attached Form 34: Provided, That an agreement shall be deemed made if there is a demand as a result of an inquiry into demand under Article 71 of the Ordinance.
Article 49 (Commodities Not Requiring Entries)
The following commodities shall be under the custody of an assistant commodity receipt and delivery officer and do not require entries in account books for the delivery and receipt of commodities:
Article 50 (Decision on Disuse)
(1) The Mayor shall delegate his or her authority to make a decision on the disuse of commodities managed by the head of an affiliated administrative agency to the head of such affiliated agency.
Article 51 (Forms of Books of Commodity Receipt and Delivery Officers)
The forms of books under Article 79 of the Ordinance are as follows:
Article 52 (Report on Inspection of Commodities)
A report on inspection of commodities under Article 82 of the Ordinance shall be made in attached Form 39, while a commodity inspection certificate under Article 84 of the Ordinance shall be made in attached Form 40.
Article 53 (Inventory-Taking of Commodities)
A report on transfer of duties by a commodity receipt and delivery officer under Article 88 of the Ordinance shall be made in attached Form 41.
CHAPTER VII SUPPLEMENTARY PROVISIONS Article 54 Deleted. lt;by Rule No. 4052, Oct. 22, 2015gt;
ADDENDA - Table 23 (Report on Occupancy of Official Residence) - Form 1 (Officials Responsible for Commodity Management in Each Agency (Division)) - Form 3 (Request for Deliberation on Disuse of Administrative Property) - Form 4 (Report on Price Appraisal of Seoul Metropolitan Government-Owned Property) - Form 5 (Public Property Management Register) - Form 6 (Report on Revaluation of Price of Property Owned by Seoul Metropolitan Government ) - Form 7 (Leased Property Register) - Form 8 (Permission to Use Public Property) - Form 9 (Terms and Conditions of Permission to Use or Make Profit from Administrative Property) - Form 10 (Agreement on Lease of Public Property ) - Form 11 ( Public Property Management Plan) - Form 12 (Agreement on Lease-Type Land Trust ) - Form 12-2 (Agreement on Sale-Type Land Trust) - Form 12-3 (Agreement on Real Estate Management Trust) - Form 12-4 (Agreement on Real Estate Disposal Trust) - Form 13 (Exchange Agreement) - Form 14 (Public Property Sale and Purchase Agreement) - Form 15 (Transfer Agreement) - Form 16 (Application for Purchase of Seoul Metropolitan Government-Owned Property) - Form 17 (Application for Lease (Permission for Use)) - Form 18 (Report on Price Appraisal of Earth and Stone) - Form 19 (Prior Notice of Indemnities) - Form 19-2 (Opinion on Prior Notice of Indemnities) - Form 19-3 (Application for Installment Payment of Indemnities ) - Form 19-4 (Application for Collection Deferment of Indemnities) - Form 20 (Plan for Construction of New Office Building) - Form 21 (Official Residence Management Register) - Form 22 (Application for Permission to Use Official Residence) - Form 25 (Request for Purchase (Repair/Manufacture) of Commodities) - Form 26 (Request for Determination (Adjustment) of Full Number of Commodities) - Form 27 (Report on Contributions and Receipt Thereof) - Form 28 (Notice of Decision on Disuse) - Form 29 (Report on Destruction (Dismantlement) of Disused Commodities) - Form 30 (Request and Delivery Slip) - Form 31 ( Register of Books Borrowed) - Form 32 (Register of Delivery and Receipts of Postage Stamps ) - Form 33 (Return and Acceptance Slip) - Form 33 (Return and Acceptance Slip) - Form 34 (Agreement on(Transfer of Custody,Free Transfer)of Commodity) - Form 35 (Commodity Receipt and Delivery Ledger ) - Form 36 (Equipment Receipt, Delivery and Management Card) - Form 37 (Register of Commodity Cards) - Form 39 (Report on Inspection (Test) of Commodities) - Form 40 (Commodity Inspection Certificate) - Form 41 (Report on Transfer of Duties by Commodity Receipt and Delivery Officer) |