CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary for the establishment and operation of the Citizens' Ombudsman Commission of the Seoul Metropolitan Government to monitor municipal administration and inspect civil petitions for grievances pursuant to Article 5 of the Act on Public Sector Audits and Article 32 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission, and matters mandated to the Ordinance and matters necessary for the enforcement thereof with regard to residents' audit petitions under Article 16 of the Local Autonomy Act and Article 26 of the Enforcement Decree of the same Act.

Article 2 (Definitions) The terms used in this Ordinance are defined as follows:
1. The term "civil petition for grievances" means a civil petition for grievances under subparagraph 1 (b) of Article 2 of the Civil Petitions Treatment Act;
2. The term "civic group" means any group registered with a central administrative agency or local government under Article 4 (1) of the Assistance for Non-Profit, Non-Governmental Organizations Act;
3. The term "public project" means construction, rendering of services, purchase of goods, etc. by an institution, etc. falling under the subparagraphs of Article 8;
4. The term "integrity contract compliance" means compliance with an integrity pledge under Article 6-2 of the Act on Contracts to which a Local Government Is a Party.

CHAPTER II ORGANIZATION AND OPERATION OF THE CITIZENS' OMBUDSMAN COMMISSION Article 3 (Establishment and Function of the Citizens' Ombudsman Commission) (1) The Citizens' Ombudsman Commission of the Seoul Metropolitan Government (hereinafter referred to as the "Commission") shall be established as a collegiate administrative agency under the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") to monitor municipal administration, inspect civil petitions for grievances, and conduct an audit in response to a citizen's audit petition.
(2) The Commission shall pass a resolution on the following matters:
1. Matters regarding plans for audits and inspections, and monitoring and evaluation of public projects, and regarding the handling of findings thereof;
2. Matters regarding requests for disciplinary action, disciplinary surcharge, reprimand, and compensation orders;
3. Matters regarding requests, recommendations, and expression of opinions for improved municipal administration and systems;
4. Matters regarding exemption from responsibility of proactive administration, and re-deliberation;
5. Matters regarding requests for the organization and prescribed number of the secretariat of the Commission;
6. Matters regarding budget requests and settlement of accounts of the Commission;
7. Matters regarding the enactment, amendment, and abolishment of the operating rules of the Commission;
8. Matters regarding the exclusion and challenge of members;
9. Matters regarding whether to conduct an audit in response to a citizen's audit petition;
10. Other matters deemed necessary by the chairperson to be referred to a meeting.
(3) Notwithstanding paragraph (2), the chairperson or a member may handle ex officio minor matters prescribed by the operating rules of the Commission under paragraph (2) 1 through 4.

Article 4 (Organization of the Citizens' Ombudsman Commission) (1) The Commission shall consist of at least three, but not more than seven citizen audit ombudsmen (referring to the chairperson and members of the Commission; hereinafter the same shall apply).
(2) The chairperson of the Commission (hereinafter referred to as "chairperson") shall appoint persons deemed to have expertise in the affairs of the Commission, among qualified persons under relevant statutes or regulations, such as the Decree on the Appointment of Local Public Officials, to open positions, and a member of the Commission (hereinafter referred to as "member") shall be appointed as a public official in a fixed term position on an alternative work schedule among the following persons: <Amended on Dec. 31, 2020>
1. A person who has served as a public official of at least Grade IV in a local government or central administrative agency and as a public official of at least Grade V in auditing service for at least four years;
2. A licensed attorney-at-law, certified judicial scrivener, certified accountant, or certified tax accountant with experience of at least four years in the respective field;
3. A person who has served as an associate professor or higher in relevant fields such as accounting, law, and public administration;
4. A person who has served as an associate professor or higher in relevant fields such as civil engineering and architectural engineering;
5. A certified engineer (including architect) with experience of at least four years in the respective field;
6. A person who has full-time work experience of at least four years as the head of a non-profit corporation, public interest corporation, civic group or division or the manager of a division unit.
(3) Members including the chairperson shall hold office for a term of three years and may not be appointed consecutively.

Article 5 (Grounds for Disqualification of Citizen Audit Ombudsmen) None of the following persons shall become a citizen audit ombudsman:
1. A person falling under the subparagraphs of Article 31 of the Local Public Officials Act and the subparagraphs of Article 15 (1) of the Act on Public Sector Audits;
2. A public official of an institution subject to audits and inspections under Article 8, for whom two years have not passed since retirement.

Article 6 (Guarantee of Status of Citizen Audit Ombudsmen) The Mayor shall not terminate the appointment of a citizen audit ombudsman or transfer the ombudsman to another position against his or her will, unless the ombudsman falls under any of the subparagraphs of Article 10 of the Act on Public Sector Audits.

Article 7 (Duties of Members) (1) Members shall monitor municipal administration from the perspective of citizens and protect their interests from any illegal or unfair administrative disposition.
(2) Members shall independently perform audit, inspection, and monitoring activities for the following matters:
1. An audit in response to a citizen's audit petition under Article 12;
2. An audit in response to a resident's audit petition under Article 15;
3. Inspection, mediation, and arbitration of a civil petition for grievances under Article 19;
4. Monitoring and evaluation of a public project under Article 21;
5. An ex officio audit under Article 24;
6. An audit or inspection requested by the Seoul Metropolitan Council (hereinafter referred to as the "Seoul Council");
7. An audit or inspection requested by external institutions including the Board of Audit and Inspection or the Audit and Inspection Commission of the Seoul Metropolitan Government (hereinafter referred to as the "Audit and Inspection Commission").
(3) Notwithstanding paragraph (2), members shall be excluded from audit, inspection, and monitoring activities, in any of the following cases: <Amended on Dec. 31, 2019>
1. Matters related to the Seoul Council;
2. Matters for which an administrative appeal, litigation, or other remedial proceedings are pending or concluded under any other statutes;
3. Matters for which an audit is pending or concluded by the Board of Audit and Inspection, the Audit and Inspection Commission, or other administrative agencies: Provided, That that the same shall not apply where any new or significant matter is omitted in any audit conducted by another agency;
4. Matters for which an investigation or inspection is being conducted by a public prosecutor, the police, or another investigative agency;
5. Matters for which any proceedings to mediate the interests of parties such as conciliation, resolution, mediation, or arbitration are pending, ruled, or concluded under statutes or regulations;
6. Matters of which the audit petition deliberation council of the Seoul Metropolitan Government under Article 16 deems it inappropriate for a member to conduct an audit.

Article 8 (Duty Jurisdiction of Members) Entities against whom members can perform audit, inspection, and monitoring activities under Article 7 (2) shall be as follows: Provided, That the Local Autonomy Act (hereinafter referred to as the "Act") and the Enforcement Decree of the same Act (hereinafter referred to as the "Enforcement Decree") shall apply to an audit conducted in response to a resident's audit petition:
1. The head office, subordinate agencies, business offices, and collegiate administrative agencies of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government");
2. An autonomous Gu of the Seoul Metropolitan Government (hereinafter referred to as "autonomous Gu"): Provided, That matters under Articles 166 through Article 171 of the Act only shall apply;
3. A public enterprise established by the Seoul Government under the Local Public Enterprises Act or an invested or funded research institution established by the Seoul Government under the Act on the Operation of Local Government-Invested or -Funded Institutions;
4. A corporation, organization, or individual that is entrusted with affairs of the Seoul Government or receives subsidies therefrom.

Article 9 (Meetings of the Commission) (1) The chairperson shall convene and chair a meeting of the Commission (hereinafter referred to as "meeting") if requested by at least a majority of all incumbent members or deemed necessary by the chairperson.
(2) Where the office of the chairperson is vacant, the member with the longest years of service shall assume the chairperson's duties under paragraph (1), and where two or more members have the same years of service, the older member shall act on behalf of the chairperson.
(3) Where the chairperson cannot perform his or her duties temporarily due to an accident or other reasons, a member designated in advance by the chairperson shall act on behalf of the chairperson under paragraph (1): Provided, That where no member has been designated, the order set forth in paragraph (2) shall be followed.
(4) A majority of the members of a meeting shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.

Article 10 (Exclusion, Challenge, and Recusal) (1) A member falling under any of the following subparagraphs shall be excluded from the relevant duties: <Amended on Dec. 31, 2019>
1. Where the member is a party to or has any interest in matters subject to audits, inspections, and monitoring;
2. Where the member's current or former relatives are related to matters subject to audits, inspections, and monitoring under Article 777 of the Civil Act;
3. Where the member has been involved in matters subject to audits, inspections, and monitoring, by reason of his or her duties or profession, such as service, consulting, or research;
4. Where the member becomes a witness or expert witness in any litigation in connection with matters subject to audits, inspections, and monitoring;
5. Where the member was involved in matters subject to audits, inspections, and monitoring before he or she was appointed as a member;
6. Where the member has a previous or current special relationship with any contractor subject to monitoring and evaluation as a service provider or consultant.
(2) The head of any institution or division subject to audits, inspections, and monitoring may file a challenge with the Commission against a member, if he or she has any ground to believe that it is impractical to expect a fair audit, inspection, etc. from the member, and the Commission shall pass a resolution thereon. In such cases, the challenged member shall not participate in such resolution.
(3) Where a member falls under grounds for exclusion under the subparagraphs of paragraph (1) or has any other ground not to perform audit, inspection, and monitoring activities in a fairly manner, the member shall recuse himself or herself from the duties with approval from the chairperson.

Article 11 (Secretariat and Employees) (1) The Commission shall have the secretariat and its employees (hereinafter referred to as "auditor") to support the operation of the Commission and the duties of the members, and matters regarding the scope of duties between the members and the auditors may be prescribed by the operating rules of the Commission.
(2) The Seoul Metropolitan Government Ordinance on the Establishment of Administrative Organs and the Seoul Metropolitan Government Ordinance on the Prescribed Number of Local Public Officials shall apply to the organization and prescribed number of employees of the secretariat.
(3) An auditor shall be appointed by the Mayor after hearing the chairperson's opinion thereon.
(4) An auditor shall have expertise in audit work and the qualities necessary for performing his or her duties. In such cases, the minimum qualification requirements to be met by the auditor shall be prescribed by the operating rules of the Commission.
(5) The Mayor shall prepare plans to enable auditors to serve for a long time.

CHAPTER III CITIZEN'S AUDIT PETITION Article 12 (Citizen's Audit Petition) (1) A person falling under the following subparagraphs of Article 8 may file an audit petition (hereinafter referred to as "citizen's audit petition") with the Commission, if deeming that affairs are handled in an illegal or unfair manner by an institution under the subparagraphs of Article 8 or its employees: <Amended on Dec. 31, 2020>
1. A representative who has gathered joint signatures from at least 50 citizens aged 18 or older:
(a) A person registered as a resident in any area under the jurisdiction of the Seoul Metropolitan Government;
(b) A person registered in the register of foreigners of any area under the jurisdiction of the Seoul Metropolitan Government pursuant to Article 34 of the Immigration Act;
2. A representative of a civic group with at least 100 permanent members (limited to fields directly related to the scope of the relevant group's target project).
(2) Notwithstanding paragraph (1), none shall be subject to a citizen's audit petition, in any of the following cases:
1. Any matter falling under Article 7 (3) 1 through 5;
2. Any matter related to private relationship of rights and duties, or privacy.
(3) A person who intends to file a citizen's audit petition according to paragraph (1) (hereafter in this chapter, referred to as "petitioner") shall fill out and submit the attached form along with other required documents to the Commission, and electronic documents prepared and submitted through the information processing system shall be construed as the attached form submitted.
(4) A citizen's audit petition shall be filed within six months from the date of initial signature. <Newly Inserted on Dec. 31, 2020>

Article 13 (Determination on Audits) Upon receipt of a citizen's audit petition under Article 12 (1), the Commission shall convene a meeting to determine whether to conduct an audit following the examination or verification of the following matters, and notify the outcomes to the petitioner:
1. Examination of the requirements for a citizen's audit petition;
2. Verification of signatures in a list of petitioners for a citizen's audit petition (electronic signatures in the information processing system shall be deemed valid);
3. Examination of adequacy of the Commission's audit in response to a citizen's audit petition.

Article 14 (Notification and Disclosure of Audit Findings) (1) The Commission shall conclude an audit within 60 days from the date on which an audit is determined to be conducted pursuant to Article 13, and notify the findings thereof to the representative of the petitioners, and the head of an institution or division subject to the audit within 10 days: Provided, That the period may be extended if there is any good reason not to conclude such audit within that period. <Amended on Dec. 31, 2020>
(2) The Commission shall notify and disclose the results of measures taken by the head of the relevant institution or division to comply with demands made based on the findings of the audit under paragraph (1) to the representative of petitioners.

CHAPTER IV RESIDENT'S AUDIT PETITION AND AUDIT PETITION DELIBERATION COUNCIL Article 15 (Resident's Audit Petition) (1) An audit petition filed with the Mayor for affairs falling under the authority of an autonomous Gu and the head pursuant to Article 16 of the Act (hereinafter referred to as "resident's audit petition") shall have joint signatures signed by the residents, the number of whom shall exceed that prescribed by ordinance of the autonomous Gu.
(2) An audit petition filed with the competent Minister for affairs falling under the authority of the Seoul Government and the Mayor pursuant to Article 16 of the Act shall have joint signatures from at least 200 residents aged 19 or older.

Article 16 (Establishment and Function of Audit Petition Deliberation Council) An audit petition deliberation council of the Seoul Metropolitan Government (hereinafter referred to as "deliberation council") shall be established under the Mayor to deliberate and resolve on the following matters in response to a resident's audit petition under Article 26 of the Enforcement Decree:
1. Examination of the requirements for a resident's audit petition;
2. Verification of signatures in a list of petitioners for a resident's audit petition;
3. Examination and determination of any objection made regarding signatures in a list of petitioners;
4. Other matters referred to a meeting by the Mayor in relation to a resident's audit petition.

Article 17 (Organization of Deliberation Council) (1) The deliberation council shall consist of not less than 9 but not more than 13 members, including one chairperson and one vice chairperson.
(2) Members of the deliberation council shall be appointed or nominated by the Mayor among the following persons: Provided, That that members of the deliberation council appointed under subparagraphs 3 through 8 shall account for at least 1/2 of all members of the committee, and three members of the deliberation council including two members of the Seoul Council shall be recommended by the Seoul Council:
1. The head of an audit division in the Seoul Metropolitan Government (ex-officio member);
2. A public official who is Deputy Mayor/Director-General or higher in the Seoul Government;
3. A member of the Seoul Council, recommended by the Seoul Council;
4. A judge, prosecutor, licensed attorney-at-law, certified judicial scrivener;
5. A certified public accountant, engineer, architect, or tax accountant;
6. A person recommended by a civic group (referring to a non-profit non-governmental organization under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act);
7. A person who serves as an associate professor or higher in law, accounting, civil engineering, or architectural engineering at a university;
8. Other persons with abundant knowledge and experience in audit work.
(3) A member of the deliberation council appointed by the Mayor under paragraph (2) shall hold office for a term of two years but may be appointed consecutively for one further term, and may be dismissed pursuant to Article 8-2 of the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Various Committees, and the term of office of a member of the deliberation council newly appointed to fill a vacancy shall be the remaining term of office of his or her predecessor. <Amended on Dec. 31, 2020>

Article 18 (Operation of Deliberation Council) (1) The chairperson of the deliberation council shall convene and preside over meetings of the deliberation council.
(2) Where the chairperson of the deliberation council is unable to perform his or her duties due to any unavoidable cause, the vice chairperson shall act on behalf of the chairperson, and where both the chairperson and the vice chairperson are unable to perform the duties due to any unavoidable cause, a member of the deliberation council shall serve as an acting chairperson in order of seniority.
(3) A majority of the members of the deliberation council shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
(4) The chairperson of the deliberation council shall have relevant public officials, petitioners, and other interested persons come to a meeting and express their opinions, or request them to submit required materials, if deemed necessary for efficiently addressing agenda items referred to a meeting of the deliberation council.
(5) No member of the deliberation council shall participate in the deliberation or resolution of any of the following matters, with regard to a resident's audit petition:
1. Matters related to the work handled by the division to which the member of the deliberation council belongs;
2. Matters related to the member himself or herself, or his or her relatives.
(6) The deliberation council shall have one executive secretary and one clerk for the effective handling of affairs, and the executive secretary shall be a public official of Grade V responsible for overseeing work on residents' audit petitions, and the clerk shall be in charge of work on residents' audit petitions.
(7) The executive secretary shall perform the following work and report the main outcomes of the deliberation to the Mayor:
1. Handling of affairs regarding the operation of the deliberation council;
2. Preparation and preservation of agenda items for deliberation and meeting minutes;
3. Other matters necessary for operating the deliberation council.

CHAPTER V INSPECTION OF CIVIL PETITIONS FOR GRIEVANCES Article 19 (Inspection of Civil Petitions for Grievances) (1) Where the Seoul Government receives civil petitions for grievances, the Commission may, if necessary, conduct an inspection thereof within the scope of duties and jurisdiction of members under Articles 7 and 8.
(2) The Commission may request the head of a relevant institution or division to submit related materials to inspect a civil petition for grievances, and upon receipt of such request, the head of the relevant institution or division shall comply therewith.
(3) The Commission shall notify the petitioner and the head of the relevant institution or division of the outcomes of inspecting the civil petition for grievances without delay, and may make recommendations or express opinions to the head of the relevant institution or division, if it is deemed necessary to improve municipal administration or systems.

Article 20 (Notification, Verification, and Inspection of Follow-Up Actions) (1) Upon receipt of recommendations or opinions under Article 19 (3), the head of an institution or division shall show respect thereto and notify the Commission of the follow-up actions within 30 days from the receipt of such recommendations or opinions.
(2) The Commission may verify or inspect the implementation of recommendations or opinions under Article 19 (3).

CHAPTER VI MONITORING AND EVALUATION OF PUBLIC PROJECTS Article 21 (Public Projects Subject to Monitoring and Evaluation) Members shall monitor and evaluate any of the following public projects for the process ranging from order placement, bidding, successful bidding to conclusion or performance of a contract, which is deemed necessary by the Commission to ensure fairness and transparency therein (hereinafter referred to as "public projects subject to monitoring and evaluation"):
1. Construction whose total cost exceeds 3 billion won;
2. Rendering of services worth not less than than 500 million won;
3. Purchase of goods worth not less than 100 million;
4. Any other public project whose monitoring and evaluation is deemed necessary by the Commission to ensure fairness and transparency in entrusted affairs, support projects, etc.

Article 22 (Submission of and Request for Materials) (1) The head of an institution or division that implements a public project falling under the subparagraphs of Article 21 (hereinafter referred to as "implementing institution or division") shall submit a list of the public projects to the Commission within one month from the commencement date of every fiscal year.
(2) The Commission may request an implementing institution or division to submit materials to inspect the integrity contract compliance of public projects subject to monitoring and evaluation, and the head of the implementing institution or division shall submit such materials within seven days from the date of receipt of such request.
(3) The head of an implementing institution or division shall request the Commission to send its members for observation no later than seven days before a proposal evaluation committee holds a meeting to select the contractor, and the Commission may allow the members or citizen participatory ombudsmen appointed under Article 25 to attend the meeting. <Amended on Mar. 25, 2021>
(4) The head of a division that operates the construction technology deliberation council of the Seoul Metropolitan Government and the contract deliberation council of the Seoul Metropolitan Government shall submit to the Commission the deliberation materials and schedules for a public project falling under the subparagraphs of Article 21 no later than seven days before such deliberation.
(5) Except as provided in paragraphs (1) through (3), the Commission may request an implementing institution or division to submit materials whenever necessary for the monitoring and evaluation of public projects, and the head of the implementing institution or division shall submit them no later than seven days from the receipt of such request.
(6) The Commission may receive materials submitted under paragraph (1) in an electronic form or obtain authorization to use the information processing system from the head of a division that manages such system for budget, financial accounting, etc., and in such cases, the implementing institution or division shall be deemed to have submitted the materials under paragraph (1).
(7) Where the Commission intends to receive materials submitted under paragraph (1) in an electronic form pursuant to paragraph (6), the head of the implementing institution or division shall be deemed to give consent thereto unless doing so conflicts with higher statutes or regulations.

Article 23 (Handling of Results of Monitoring and Evaluation) (1) The Commission may make recommendations or express opinions to the head of an implementing institution or division, where it is deemed necessary to improve municipal administration or systems based on the results of monitoring and evaluating public projects.
(2) The Commission may have additional operating rules for the monitoring and evaluation of public projects and integrity contract compliance.

CHAPTER VII EX OFFICIO AUDIT Article 24 (Ex Officio Audit) (1) Where an audit is deemed necessary, as a member inspects and handles citizens' and residents' audit petitions and civil petitions for grievances, and monitors and evaluates public projects, such audit may be conducted following a resolution by the Commission. <Amended on Dec. 31, 2020>
(2) The chairperson shall hold a prior consultation with the Audit and Inspection Commission before the Commission's resolution.

CHAPTER VIII OTHERS Article 25 (Qualification for Citizen Participatory Ombudsmen) (1) The Commission may appoint citizen participatory ombudsmen to enable them to better audit, inspect and monitor in their field of expertise in connection with activities falling under the subparagraphs of Article 7 (2) and to collect opinions from all walks of life. <Amended on Dec. 31, 2020>
(2) Citizen participatory ombudsmen shall consist of not more than 35 people in six fields, including women's welfare, urban safety, industrial economy (living environment), urban transportation (transportation planning), education culture, and general administration, in consideration of gender, age, etc. <Amended on Dec. 31, 2020>
(3) The subparagraphs of Article 4 (2) shall apply mutatis mutandis to the qualification of citizen participatory ombudsmen, but the Commission's operating rules may be separately prescribed, if necessary.
(4) Upon receipt of recommendations from civic groups, academia and legal circles, etc. or applications from persons meeting the qualifications under paragraph (3), the Mayor shall appoint citizen participatory ombudsmen following the examination by the Commission. <Amended on Dec. 31, 2020>
(5) Citizen participatory ombudsmen shall hold office for a term of two years and may be appointed consecutively for only one further term: Provided, That that where the citizen participatory ombudsmen do not perform any activity for more than one year after appointment, the Mayor may dismiss them.
(6) Citizen participatory ombudsmen may directly participate in the Commission's audit, inspection, and monitoring work to express their opinions, provide advice to the Commission, and may make suggestions to improve systems, policies and the like for general municipal administration.

Article 26 (Citizens' Participation in Audits) Members may have not only citizen participatory ombudsmen but also civic groups and other experts in their respective field participate in audit, inspection, and monitoring activities in relation to their duties if necessary.

Article 27 (Payment of Allowances) Allowances and travel expenses may be paid to members of the deliberation council under Article 17, citizen participatory ombudsmen under Article 25, and citizens who participate in audits, etc. under Article 26, within the budget, pursuant to the Seoul Metropolitan Government Ordinance on the Payment of Committee Allowances and Travel Expenses.

Article 28 (Prohibition of Divulging Confidential Information) No person who has performed the duties of the Commission shall divulge confidential information he or she became aware of in the course of performing his or her duties.

Article 29 (Reporting) The Commission shall annually report to the Mayor and the Seoul Council its activities from the end of June to the end of December by not later than the end of July and January of the next year, respectively.

Article 30 (Operating Rules of the Commission) Other matters necessary for the enforcement of this Ordinance may be prescribed by the operating rules of the Commission following the Commission's resolution.