Article 1 (Purpose) The purpose of this Ordinance is to provide for matters concerning the process of undertaking private investment projects to be promoted in accordance with the Act on Public-Private Partnerships in Infrastructure and the Enforcement Decree of the same Act; and other private investment projects which incur financial burdens on the Seoul Metropolitan Government; as well as for the management of the optimum scale thereof. <Amended by Seoul Metropolitan Government Ordinance No. 4899, Jan. 7, 2010; Seoul Metropolitan Government Ordinance No. 5232, Jan. 5, 2012>

Article 2 (Scope of Subjects) "Other private investment projects which incur financial burden on the Seoul Metropolitan Government" in Article 1, means the projects falling under any of the following: <Amended by Seoul Metropolitan Government Ordinance No. 6016, Oct. 8, 2015>
1. A project which incurs a financial burden, such as granting a subsidy, long-term loan, etc., in the process of establishing infrastructure;
2. A project which incurs a financial burden, such as granting a subsidy, long-term loan, etc., in the process of operating infrastructure;
3. A project which results in a payment for cancellation in cases of cancelling a concession agreement;
4. Other projects which result in an obligation other than budget, except those prescribed in Acts and subordinate statutes and ordinance.
[This Article Newly Inserted by Seoul Metropolitan Government Ordinance No. 5232, Jan. 5, 2012]

Article 3 (Basic Principle) Where the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") attracts private capital to expand and operate infrastructure, he/she shall actively participate in the efforts to ensure financial health and efficiency of local governments.

Article 4 (Operation of Private Investment Project Deliberative Committee) The Financial Plan Deliberative Committee of Seoul Metropolitan Government as defined in Article 8 of the Seoul Metropolitan Government Ordinance on Financial Management (hereinafter referred to as the "Deliberative Committee") shall perform deliberation pursuant to Article 6 (4) of the Act on Public-Private Partnerships in Infrastructure (hereinafter referred to as the "Act") and other deliberation on other private investment projects which incur financial burden on the Seoul Metropolitan Government.
[This Article Wholly Amended by Seoul Metropolitan Government Ordinance No. 5232, Jan. 5, 2012]

Article 5 (Formulation and Public Announcement of Master Plans for Private Investment Projects) The Mayor shall formulate a master plan for private investment projects for the relevant year and announce it publicly (including where posting it on the Internet) without delay. The same shall also apply where matters publicly announced have been changed. <Amended by Seoul Metropolitan Government Ordinance No. 5232, Jan. 5, 2012>

Article 6 (Connection with Mid-Term Local Financial Plans) A mid-term local financial plan under Article 33 (1) of the Local Finance Act, shall include the scale of the private investment projects fixed and the scale of liability to be incurred in the future.

Article 7 (Approval for Private Investment Projects by Seoul Metropolitan Council) (1) In cases of a private investment project promoted by the projects announced by the government, the Mayor shall obtain the agreement of the Seoul Metropolitan Council before he/she designates private investment projects; in cases of a private investment project promoted in accordance with business proposal from the private sector, the Mayor shall obtain consent from the Seoul Metropolitan Council before he/she notifies the proposer in writing as to whether to promote the proposed project as a private investment project. <Amended by Seoul Metropolitan Government Ordinance No. 5232, Jan. 5, 2012>
(2) The Mayor shall submit a report which includes the following details, to obtain approval from the Seoul Metropolitan Council: <Amended by Seoul Metropolitan Government Ordinance No. 4899, Jan. 7, 2010>
1. Details of a master plan for private investment projects;
2. A promotion plan, the current status of construction, actual results of operation of all private investment projects;
3. Details of the feasibility study of the relevant project and the outcomes of examination by the public investment management center;
4. Details of an application for deliberation on the relevant project and the outcomes of examination by the Deliberative Committee;
5. Details of formulation of a master plan for private investment infrastructure projects;
6. Details of the relevant part of a related upper-tier plan and results of examination on whether they correspond thereto;
7. Details of annual disbursement of the private sector;
8. Annual plans for payment of rent for facilities;
9. Other matters deemed necessary by the Seoul Metropolitan Council.

Article 8 (Subject of Preparation of Pre-Announcement) Where the Mayor intends to conclude a concession agreement with a project operator for the first time, he/she shall pre-announce the same: Provided, That he/she need not pre-announce legislation in urgent cases.
[This Article Newly Inserted by Seoul Metropolitan Government Ordinance No. 6092, Jan. 7, 2016]

Article 9 (Preparation of Statement of Pre-Announcement) (1) Each pre-announcement of a concession agreement shall include the following matters:
1. Each name of private investment projects for which the concession agreement is intended to be concluded;
2. Plans for promoting private investment projects;
3. The plan for concession agreement;
4. Other necessary matters.
(2) Each statement of pre-announcement of concession agreement shall be prepared so as to ensure citizens readily understand the objectives of the project and the main contents thereof easily.
[This Article Newly Inserted by Seoul Metropolitan Government Ordinance No. 6092, Jan. 7, 2016]

Article 10 (Method of Pre-Announcement) (1) Each pre-announcement of the concession agreement shall be notified by publishing the statement of pre-announcement of the concession agreement in the Official Gazette of the Seoul Metropolitan Government and on the Internet.
(2) Where deemed necessary by the Mayor, the methods of publishing the statement of pre-announcement of the concession agreement in the Official Gazette, a newspaper, broadcasting, or the bulletin board of the affiliated agency, may be simultaneously used with the method pursuant to paragraph (1).
(3) The Mayor may give notice to any organization, etc. deemed to have direct interests in the contents of the relevant pre-announcement of the concession agreement of the matters of pre-announcement of the concession agreement either ex officio or upon request.
[This Article Newly Inserted by Seoul Metropolitan Government Ordinance No. 6092, Jan. 7, 2016]

Article 11 (Period of Pre-Announcement of Concession Agreement) The period of pre-announcement of the concession agreement shall be determined by the Mayor at the time of pre-announcement, and is shall be at least 20 days, unless any extenuating circumstance exists.
[This Article Newly Inserted by Seoul Metropolitan Government Ordinance No. 6092, Jan. 7, 2016]

Article 12 (Presentation of Opinions and Handling Thereof) (1) Anyone who has opinions on the matters to be pre-announced regarding the concession agreement, may present his/her opinion to the Mayor.
(2) The Mayor shall review and determine whether he/she reflects the received opinions pursuant to paragraph (1), in the concession agreement; and shall notify the presenter of opinions of the results and the reasons therefor without delay.
[This Article Newly Inserted by Seoul Metropolitan Government Ordinance No. 6092, Jan. 7, 2016]

Article 13 (Hearing of Opinions of Seoul Metropolitan Council on Usage Fee) Where the Mayor first determines usage fee for the facilities established under private investment projects and raises the fee during the operation, he/she shall listen to the opinions of the Seoul Metropolitan Council in advance: Provided, That where a usage fee is determined for the first time, he/she shall listen to the opinion of the Seoul Metropolitan Council 60 days before collecting the first fee. <Amended by Seoul Metropolitan Government Ordinance No. 5962, Jul. 30, 2015>
[This Article Wholly Amended by Seoul Metropolitan Government Ordinance No. 5297, May 22, 2012]

Article 14 (Report of Private Investment Projects to Seoul Metropolitan Council) In any of the following cases, the Mayor shall report the main details thereof to the Seoul Metropolitan Council: <Newly Inserted by Seoul Metropolitan Government Ordinance No. 4899, Jan. 7, 2010; Seoul Metropolitan Government Ordinance No. 5880, May 14, 2015>
1. Where the first concession agreement is concluded;
2. Where a master plan for private investment infrastructure projects or concession agreement is changed: Provided, That insignificant matters provided for in the proviso to Article 10 (2) of the Act shall be excluded herefrom;
3. The current status of private investment projects under semi-annual operation or execution;
4. Where the Mayor entrusts the public investment management center with examination of private sector proposals.

Article 15 (Maintenance of Security) In respect of a project proposed by the private sector, the Mayor shall take appropriate measures to ensure the details of a proposal by the first proposer are not exposed to a third proposer. <Amended by Seoul Metropolitan Government Ordinance No. 4899, Jan. 7, 2010>