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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON ESTABLISHMENT AND OPERATION OF SOCIAL WELFARE FACILITIES

Article 1 (Purpose) The purpose of this Ordinance is to enable citizens who require social welfare to lead a life worthy of human dignity by prescribing matters necessary for the establishment and operation of social welfare facilities. <Amended on Jan. 5, 2017>
[This Article Wholly Amended on Jul. 28, 2011]

Article 2 (Definitions) The terms used in this Ordinance are defined as follows: <Amended on May 3, 2018; Jan. 9, 2020>
1. The term "social welfare facilities" means facilities related to the welfare of senior citizens, persons with disabilities, women or children, social welfare centers and facilities for homeless persons established by the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") to provide social welfare services defined in subparagraph 1 of Article 2 of the Social Welfare Services Act;
2. The term "persons who require social welfare" means persons who receive protection, etc. in accordance with Acts referred to in any item of subparagraph 1 of Article 2 of the Social Welfare Services Act;
3. The term "re-entrustment" means selecting a new entrusted agency and entrusting it with social welfare facilities, the operation of which has been entrusted to the private sector, due to the expiration of the period of entrustment agreed upon with the existing entrusted agency or due to any other ground;
4. The term "contract renewal" means renewing a contract with the existing entrusted agency for social welfare facilities, the operation of which has been entrusted to the private sector, after the expiration of the period of entrustment.
[This Article Wholly Amended on Jul. 28, 2011]

Article 3 (Establishment) Names, locations and principal functions of social welfare facilities established and operated under this Ordinance shall be determined and publicly notified by the Mayor of the Seoul Metropolitan Government. <Amended on May 20, 2021>
[This Article Wholly Amended on Jul. 28, 2011]

Article 4 (Scope of Application) Except as otherwise provided in other statutes, regulations, or municipal ordinances, this Ordinance shall apply to the establishment and operation of social welfare facilities.
[This Article Wholly Amended on Jul. 28, 2011]

Article 5 (Qualifications for Users) (1) A person eligible to use social welfare facilities shall be a person who is registered with the Seoul Government as a resident as at the date he or she uses the social welfare facilities and who requires social welfare, and facilities for homeless persons shall be used by homeless persons, etc. in the administrative districts of the Seoul Government: Provided, That this shall not apply to sales facilities of products made by persons with disabilities. <Amended on Jan. 9, 2020>
(2) For social welfare facilities established in an area other than the administrative districts of the Seoul Government, the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") may permit residents of such area to use such facilities in consultation with the head of a local government having jurisdiction over the relevant area.
[This Article Wholly Amended on Jul. 28, 2011]

Article 6 (Entrustment of Management and Operation) (1) The Mayor may entrust a social welfare corporation or non-profit corporation with the management and operation of social welfare facilities for the efficient operation of such social welfare facilities.
(2) Where the Mayor entrusts the management and operation of social welfare facilities under paragraph (1), he or she shall publicly announce the following matters by using the media of public relations, such as the Official Gazette of the Seoul Government and daily newspapers:
1. The location and name of social welfare facilities which he or she entrusts;
2. The name and representative of a person entrusted with the management and operation of social welfare facilities;
3. The period of entrustment;
4. Affairs to be entrusted and the major details thereof.
(3) When the operation of social welfare facilities is entrusted under paragraph (1), a trustee shall be selected through open recruitment; and the period of entrustment shall be set at five years by applying mutatis mutandis Article 21-2 (2) of the Enforcement Rule of the Social Welfare Services Act: Provided, That where deemed necessary by the Mayor, the relevant contract may be renewed only once. <Amended on May 3, 2018>
(4) To entrust the management and operation of social welfare facilities under paragraph (1) for the first time, the Mayor shall bring the case to the Committee for the Operation and Evaluation of the Entrustment to the Private Sector for deliberation pursuant to Article 5 of the Seoul Metropolitan Government Ordinance on Entrustment of the Administrative Work to the Private Sector; and shall obtain consent from the Seoul Metropolitan Council (hereinafter referred to as the "Council") pursuant to Article 4-3 of the same Ordinance: Provided, That in cases of re-entrustment or contract renewal, consent from the Council shall be replaced with submission of a report thereon to the competent Standing Committee. <Newly Inserted on May 3, 2018>
(5) Articles 7, 10, 11 (1), (2), and (4), 12 (1), 13, 14, 15 (1) through (6) and (9), 17, and 19 of the Seoul Metropolitan Government Ordinance on Entrustment of the Administrative Work to the Private Sector shall apply mutatis mutandis to necessary matters, such as procedures and methods for entrusting the management and operation of social welfare facilities pursuant to paragraph (1). <Newly Inserted on May 3, 2018; May 20, 2021>
[This Article Wholly Amended on Jul. 28, 2011]

Article 6-2 (Succession of Employment) Where the entrusted agency is changed during the period of entrustment of social welfare facilities or after the expiration of the period of entrustment thereof, the Mayor shall endeavor to guarantee the succession of employment of former employees.
[This Article Newly Inserted on Jul. 18, 2019]

Article 7 (Selection of Trustee) (1) To select a trustee, the Mayor shall establish a Committee for Deliberation on Selection of Trustees of the Seoul Metropolitan Government (hereinafter referred to as the "Selection Committee") pursuant to Article 21 of the Enforcement Rule of the Social Welfare Services Act. <Amended on May 3, 2018>
(2) Where the Mayor selects a trustee (including re-entrustment and contract renewal), he or she shall bring the case to the Selection Committee established under paragraph (1) for deliberation. <Newly Inserted on May 3, 2018>
(3) The Selection Committee shall be comprised of not more than nine members, including one chairperson; members of the Committee shall be appointed or commissioned by the Mayor from among the following persons; and the chairperson shall be designated by the Mayor from among the members of the Committee: <Newly Inserted on May 3, 2018>
1. A public official in charge of social welfare service;
2. A person with extensive knowledge and experience in social welfare;
3. A person recommended by an organization for the public interests;
4. Any other persons whose participation in the Selection Committee is deemed necessary by the Mayor, such as legal experts: Provided, That any person deemed to have an obvious interest in relation to an applicant for entrustment shall be excluded.
(4) A majority of the members of the Selection Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present. <Newly Inserted on May 3, 2018>
(5) Members of the Selection Committee shall serve during the period for organizing and operating the Committee under paragraph (1); and the Committee shall be automatically dissolved with the conclusion of a meeting thereof. <Newly Inserted on May 3, 2018>
(6) Allowances may be paid to members who attend a meeting of the Committee within the budget: Provided, That this shall not apply where a public official attends the meeting in direct relationship with his or her duties. <Newly Inserted on May 3, 2018>
[This Article Wholly Amended on Jul. 28, 2011]

Article 8 (Guidance and Supervision) (1) The Mayor shall guide and supervise an entrusted agency regarding the overall operation of relevant facilities at least annually, may require the agency to report or to submit documents on its business or may have its business undergo an inspection, if necessary; and the entrusted agency shall cooperate in such guidance and supervision. <Amended on May 3, 2018>
(2) Where any entrusted business is recognized as having been handled unlawfully or unfairly through an inspection conducted under paragraph (1), the Mayor shall take necessary measures, such as requiring the entrusted agency to rectify such practice. <Newly Inserted on May 3, 2018>
(3) Where the Mayor takes necessary measures, such as requiring rectification, pursuant to paragraph (2), he or she shall notify the relevant entrusted agency of such request in writing, and give the agency an opportunity to state its opinion in advance. <Newly Inserted on May 3, 2018>
[This Article Wholly Amended on Jul. 28, 2011]
[Title Amended on May 3, 2018]

Article 9 (Management of Facilities) Where the period for entrusting the management and operation of social welfare facilities expires; where a cause arises which is specified in any subparagraph of Article 19 (1) of the Seoul Metropolitan Government Ordinance on Entrustment of the Administrative Affairs to the Private Sector; or where the entrustment is revoked upon request by a corporation entrusted with the operation of social welfare facilities, the Mayor shall take measures necessary for reinstatement thereof, etc. to manage the social welfare facilities.
[This Article Newly Inserted on May 3, 2018]
[Previous Article 9 moved to Article 10 <May 3, 2018>]

Article 10 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Government.
[This Article Wholly Amended on Jul. 28, 2011]
[Moved from Article 9 <May 3, 2018>]


ADDENDA <Ordinance No. 3802, Nov. 30, 2000>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
(1) Social welfare facilities established and being operated in accordance with Seoul Metropolitan Government Ordinance on Establishment of Public Facilities or being operated under entrustment to a private sector in accordance with the Seoul Metropolitan Government Ordinance on the Administrative Affairs to the Private Sector shall be deemed social welfare facilities established and being operated in accordance with this Ordinance, or being operated under entrustment to a private sector.
Article 3 Omitted.
ADDENDUM <Ordinance No. 3860, May 17, 2001>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 3866, Jun. 15, 2001>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Ordinance No. 3884, Jul. 16, 2001>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 4106, Jun. 16, 2003>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 4284, Jun. 16, 2005>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Ordinance No. 4388, May 4, 2006>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4478, Mar. 8, 2007>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4562, Oct. 1, 2007>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4634, May 29, 2008>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 4818, Jul. 30, 2009>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on January1,2010.
Article 2 Omitted.
ADDENDUM <Ordinance No. 4911, Jan. 7, 2010>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5138, Jul. 28, 2011>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 5272, Mar. 15, 2012>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 5314, Jul. 30, 2012>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5534, Aug. 1, 2013>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6316, Sep. 29, 2016>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6386, Jan. 5, 2017>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6862, May 3, 2018>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7235, Jul. 18, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7439, Jan. 9, 2020>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 8012, May 20, 2021>
This Ordinance shall enter into force on the date of its promulgation.

- Table 1 (Seoul Metropolitan Government Social Welfare Facilities (related to Article 3))