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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 ensure a smooth operation of the private experts system and to contribute to improving their expertise in the adminstration thereof, by prescribing matters necessary for implementing the system for private experts to participate in the administration of the Seoul Metropolitan Government and to support such participation.

Article 2 (Definition) 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 render advice on specific policies, projects, etc. of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government"). <Amended by Ordinance No. 7291, Sep. 26, 2019>

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 of 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: <Amended by Ordinance No. 7291, Sep. 26, 2019>
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. Grounds for disqualification and dismissal of private experts;
6. 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. <Amended by Ordinance No. 7291, Sep. 26, 2019>
(2) Where the Mayor intends to commission private experts, he or she shall consider gender equality.
(3) Deleted. <by Ordinance No. 7291, Sep. 26, 2019>

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 Advisory Fees for Private Experts) Advisory fees for private experts shall be paid on a case-by-case basis, in two categories, i. e. general advice and special advice, within budgetary limits; and a follow-up report shall be submitted:
1. General advice: The Seoul Metropolitan Government Ordinance on the Payment of Committee Allowances and Travel Expenses shall apply mutatis mutandis;
2. Special advice: Up to 150% of the fees paid for general advice.
[This Article Wholly Amended by Ordinance No. 7291, Sep. 26, 2019]

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) The Mayor shall provide private experts with data related to the relevant policy, project, or task so as to enable them to smoothly perform their duties: Provided, That the above-mentioned provisions shall not apply to any data restricted from disclosure for any reason such as security. <Amended by Ordinance No. 7291, Sep. 26, 2019>
(2) The Mayor shall endeavor to secure adequate budget funding to smoothly implement the private expert system. <Amended by Ordinance No. 7291, Sep. 26, 2019>

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
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 or 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 or her duties pursuant to this Ordinance.
ADDENDUM <Ordinance No. 6851, Mar. 22, 2018>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 7291, Sep. 26, 2019>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Applicability to Period for Commissioning of Private Experts)
The amended provisions of Articles 8, 9, and 11 shall begin to apply to commissioning of private experts (including their consecutive service) after this Ordinance enters into force.