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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON PROMOTION OF CITIZENS’ PRO BONO ACTIVITIES

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON PROMOTION OF CITIZENS’ PRO BONO ACTIVITIES

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to contribute to the promotion of pro bono activities of civil society and the sustainable development of local community through securing voluntary pro bono activities of the citizens of the Seoul Metropolitan Government and supporting sound growth of the pro bono activities.

Article 2 (Definition) The terms used in this Ordinance shall be defined as below:
1. “Civil pro bono activity” means citizens’ voluntary activities for the public interests without having any purpose for profit-making or friendship;
2. “NPO” means a nonprofit civil organization (including its affiliated sub-organizations and the groups in preparation of their establishment) established for the purposes of conducting or supporting the civil pro bono activity: Provided, That any organizations established or operated mainly for the purpose of spreading doctrines of a specific religious body or supporting a specific political party or a candidate for offices to be elected shall be excluded.

Article 3 (Basic Principles) In order to support development of a civil society and citizens’ activities for the public interests, the Seoul Metropolitan Government, citizens engaging in activities for the public interests and the NPO shall understand and respect the diversity, spontaneity and creativity of each participating body and shall continuously promote the civil pro bono activity through mutual understanding and cooperation.

Article 4 (Participation of Citizens) Each and every citizen has the right to lead and participate in various pro bono activities to make his/her life affluent, and shall endeavor to recognize his/her responsibilities and roles and publicize details of the pro bono activities.

Article 5 (Responsibilities of Mayor) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the “Mayor”) shall endeavor to vitalize the citizens’ pro bono activities and actively promote relevant policies.

CHAPTER II SEOUL METROPOLITAN GOVERNMENT COMMITTEE ON PROMOTION OF CITIZENS’PRO BONO ACTIVITIES Article 6 (Establishment and Functions) (1) To consult the policies necessary for promotion of the civil pro bono activity and development of a civil society and review the matters concerning operation of the NPO support center, the Seoul Metropolitan Government Committee on Promotion of Citizens’ Pro Bono Activities (hereinafter referred to as “Committee”) shall be established.
(2) The Committee shall conduct deliberation on the matters under each of the following subparagraphs:
1. Matters concerning entrustment and operation of the NPO support center
(hereinafter referred to as “Center”);
2. Matters concerning establishment and evaluation of the operational plan of the
Center;
3. Matters concerning any fees for using the facilities and articles of the Center;
4. Matters concerning citizens’ participation and listening their opinions;
5. Other matters deemed necessary for citizens’ pro bono activities and
development of a civil society.

Article 7 (Organization) (1) The Committee shall be comprised of not more than 15 members including one chairperson and one deputy chairperson.
(2) The chairperson and the deputy chairperson of the Committee shall be elected from among the members of the Committee, and the term of the chairperson may be extended one time only.
(3) The members of the Committee under paragraph (1) shall be comprised of an ex officio member and those who are commissioned, and the ex officio member shall be the chief of the bureau in charge of the affairs of NPO.
(4) The commissioned members of the Committee shall be commissioned by the Mayor from among the persons falling under each of the following subparagraphs:
1. Persons who have much knowledge and expertise in NPO activities;
2. Persons who engage in the civil pro bono activity;
3. Two members of the city council recommended by the Seoul Metropolitan Government Council.
(5) In order to handle the affairs of the Committee, the Committee shall appoint its executive secretary and he/she shall be the director in charge of the affairs of NPO.
(6) The term of commissioned members of the Committee shall be two years but may be renewed consecutively only once.

Article 8 (Operation) (1) The chairperson shall represent the Committee and exercise overall control of the affairs of the Committee.
(2) The deputy chairperson shall assist the chairperson and act on his/her behalf where the chairperson is unable to perform his/her duties due to unavoidable reasons.
(3) Meetings of the Committee shall be classified as regular and special meetings; the regular meeting shall be held twice a year, and the special meeting shall be held in cases of falling under any of the following subparagraphs:
1. Whenever the Mayor requests to convene the meeting;
2. Whenever at least one third of the registered members of the Committee request to convene the meeting;
3. Other occasions where the chairperson deems necessary to convene the meeting.
(4) A majority of the members of the Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present.
(5) All meetings of the Committee shall be made public, and the meeting minute thereof shall be prepared and kept.
(6) For those members of the Committee and other relevant experts who have attended the Committee, their allowances and travel expenses may be paid to them within limits of budget of the Committee.

CHAPTER III SEOUL METROPOLITAN GOVERNMENT NPO SUPPORT CENTER, ETC. Article 9 (Establishment) To promote the civil pro bono activity necessary for achieving the purposes under Article 1, the Seoul Metropolitan Government NPO Support Center may be established.

Article 10 (Functions) The Center shall carry out the functions under each of the following subparagraphs:
1. Establishment and implementation of the Center’s business plan;
2. Provision of the place, facility and equipment, etc. that are necessary to
activate the civil pro bono activity and NPO;
3. Education, training and development of human resource for the civil pro bono
activity and NPO;
4. Consultation on the civil pro bono activity and NPO;
5. Establishment of NPO’s networks and public-private cooperative system;
6. Study and research concerning the civil pro bono activity and NPO;
7. Integration and provision of the information concerning the civil pro bono
activity and NPO;
8. Other businesses deemed necessary for development of the civil pro bono
activity and NPO.

Article 11 (Entrusted Operation of the Center) (1) For the autonomous and efficient operation of the Center, the Mayor may entrust operation of the Center to a nonprofit civil group or corporation, etc. (hereinafter referred to as “Operator”).
(2) The term of entrustment under paragraph (1) shall be within three years; and the entrustment agreement may be renewed, if the Mayor deems it necessary, after the Committee’s deliberation of the renewal.
(3) The entrusted institution shall prepare an annual business plan and go through deliberation of the Committee.
(4) Where the Mayor deems it necessary for efficient operation of the Center, he/she may dispatch affiliated public officials pursuant to Article 30-4 of the Local Public Officials Act.

Article 12 (Support and Settlement of Expenses) (1) The Mayor may, within the budget concerned, support the expenses and project cost, etc. that are necessary for operation of the Center.
(2) Where the Center has received the support under paragraph (1), the Operator shall settle the expenses received and report it to the Mayor.

Article 13 (Operation of the Center) The Operator who is entrusted with operation of the Center shall prepare the operational rule and plan that are necessary for management of the Center and implement them after obtaining the Committee’s approval thereof. The same shall apply where the Operator intends to alter the operational rule or plan.

Article 14 (Use Fee, Etc.) (1) The NPO using the Center shall pay the fee, etc. for using the facilities and equipment of the Center.
(2) The rules and standards for using the Center such as the fee for using the facilities and equipment of the Center shall be reviewed and determined by the Committee.
(3) The use fee, etc. collected pursuant to paragraph (1) shall first be included to the budgeted income of the Center and spent in a way suitable to the target project concerned; in any event, it may not be spent for other purposes.

Article 15 (Duties of Operator) (1) Upon operating and managing the Center, the Operator shall diligently perform all his/her duties in accordance with relevant Acts and subordinate statutes.
(2) The Operator may not re-entrust or authorize other corporation, group or individual with any matters concerning operation and management of the Center.

Article 16 (Guidance and Supervision) (1) With respect to carrying out entrusted affairs, the Mayor may have the entrusted institution report the matters necessary therefor, or he/she may inspect the documents and facilities, etc. that are necessary for guiding and supervising the entrusted affairs.
(2) Where performing the entrusted affairs is deemed illegal or unfair as a result of the inspection under paragraph (1), the Mayor may take necessary measures.
(3) Upon taking the necessary measures in accordance with paragraph (2), the entrusted institution shall be notified in writing and given an opportunity to present its opinion in advance.

Article 17 (Cancellation, Etc. of Entrustment Agreement) (1) Where an entrusted institution falls under any of the following subparagraphs, the Mayor may cancel the entrustment agreement:
1. Where the entrusted institution has violated any Acts and subordinate statutes or Ordinance;
2. Where the entrusted institution has breached the entrustment agreement;
3, Where the entrusted institution has been operated in violation of the purposes of the project concerned;
4. Other cases where the entrusted operation is no longer necessary.
(2) Where the Mayor intends to cancel the entrustment agreement pursuant to paragraph (1), he/she shall provide the entrusted institution with its opportunity to present opinion in advance.
(3) When an entrustment agreement is cancelled in accordance with paragraph (1), the entrusted institution shall, without delay, return the entrusted facilities and accumulated intellectual properties, etc.

Article 18 (Relationship with Other Acts and Subordinate Statutes) Upon promoting the civil pro-bono activities, unless otherwise provided for in other Acts and subordinate statutes or Ordinance, the provisions prescribed in this Ordinance shall apply.

Article 19 (Enforcement Rules) The matters necessary for enforcement of this Ordinance shall be determined by rule.