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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE INSTALLATION, OPERATION AND MANAGEMENT OF PUBLIC DEPOTS

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary for the installation, operation and management of public depots administered by the Seoul Metropolitan Government. <Amended on Nov. 13, 2008; Sep. 29, 2009; Jan. 5, 2017>

Article 2 (Definitions) The terms used in this Ordinance are defined as follows: <Amended on Nov. 13, 2008; Sep. 29, 2009; May 14, 2015; Jul. 30, 2015; Jan. 7, 2016; Oct. 5, 2020; Dec. 31, 2020; Mar. 25, 2021>
1. The term "public depot" means a public depot under subparagraph 1 of Article 72 of the Enforcement Rules of the Passenger Transport Service Act, a public taxi depot under subparagraph 5 of Article 2 of the Act on the Development of Taxi Transportation Business, and a public truck depot under subparagraph 9 of Article 2 of the Trucking Transport Business Act, which is established and purchased by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor");
2. The term "entrusted manager" means a person to whom the operation and management of a public depot administered by the Seoul Metropolitan Government (hereinafter referred to as "public depot") is entrusted;
3. The term "region" means one of 10 administrative districts of the Seoul Metropolitan Government demarcated based on the city center, taking traffic demand and conditions, etc. into consideration, and the administrative districts included in each region shall be as specified in the attached Table.

Article 3 (Establishment of Public Depots) (1) The Mayor shall establish and purchase a public depot in each region set out in the attached Table and shall operate and manage such depots. <Amended on Nov. 13, 2008; Oct. 5, 2020>
(2) The name, location, and administrative jurisdiction of each public depot established and purchased pursuant to paragraph (1) shall be publicized by the Mayor on the Official Gazette of the Seoul Metropolitan Government. <Amended on Nov. 13, 2008; Oct. 5, 2020; Mar. 25, 2021>

Article 4 (Permission for Use of Public Depots) (1) The Mayor may permit any of the following persons to use a public depot: <Amended on Mar. 25, 2021>
1. City bus transport service under subparagraph 1 (a) of Article 3 of the Enforcement Decree of the Passenger Transport Service Act;
2. A person whose shuttle bus transport service is registered under subparagraph 1 (c) of Article 3 of the Enforcement Decree of the Passenger Transport Service Act;
3. A person whose chartered bus transport service is registered under subparagraph 2 (a) of Article 3 of the Enforcement Decree of the Passenger Transport Service Act;
4. A person whose special passenger transport service is registered under subparagraph 2 (b) of Article 3 of the Enforcement Decree of the Passenger Transport Service Act;
5. A person who is granted for a regular transportation business license under subparagraph 2 (c) of Article 3 of the Enforcement Decree of the Passenger Transport Service Act;
6. A person who holds a restricted license under Article 4 of the Passenger Transport Service Act;
7. A person who has obtained a permission for trucking transportation business under Article 3 of the Trucking Transport Business Act and Article 3 of the Enforcement Decree of the same Act;
8. A business entity that engages in installing and operating facilities for supplying natural gas, hydrogen fuel, electricity (hereinafter referred to as "installer of fueling stations");
9. A facility for testing pressure-resistant containers of the Korea Transportation Safety Authority which re-tests pressure-resistant containers by proxy pursuant to Article 35-8 of the Motor Vehicle Management Act.
(2) The period of use permissible pursuant to paragraph (1) shall be five years, which may be extended or shortened by an agreement between both parties, and the period of use permissible may be extended where falling under any of the followings. In such cases, the period of use permissible which is subject to being extended shall be the scope of period for which it has not been used or has made no benefits due to the following reasons: <Amended on Jan. 2, 2015>
1. Where it has suffered from a natural disaster or any other accident;
2. Where it has been restricted in use of its property by a cause attributable to the Seoul Metropolitan Government.
(3) The Mayor shall give priority in using a public depot to a transportation business entity (referring to persons or business entities under subparagraphs 1 through 7 of Article 4 (1) of this Ordinance; hereinafter the same shall apply) with its principal place of business in the region to which the public depot belongs and to the installer of fueling stations who install and operate a fueling station in the public depot: Provided, That where space is sufficient in a public depot, the Mayor may also grant permission for the use of a public depot to any transportation business entity who has the starting or ending point of its service route within six kilometers from the depot or a transportation business entity, chartered bus transportation business entity, regular taxi transportation entity, and trucking transport business entity whose service routes pass through the region to which the public depot belongs. <Amended on Mar. 17, 2005; Sep. 29, 2009; May 14, 2015; Jul. 30, 2015; Jan. 7, 2016: Mar. 25, 2021>
(4) Except as provided in paragraphs (1) through (3), necessary matters concerning the criteria and procedure for granting permission for the use of a public depot shall be prescribed by rule of the Seoul Metropolitan Government. <Amended on Nov. 13, 2008; Sep. 29, 2009>

Article 4-2 (Persons Subject to Permission for Use Granted through Private Contract) For the efficient operation of public depots, permission for the use of a public depot may be granted through a private contract under Article 13 (3) 24 of the Enforcement Decree of the Public Property and Commodity Management Act in any of the following cases:
1. Where it is inevitable to grant the renewal of existing permission for use before the relevant permitted period expires, to the permitted business entity for implementing the bus route system of the Seoul Metropolitan Government and providing support for the operation of buses (Provided, That where such business entity is changed by the transfer of business, acquisition of business by transfer, or such, the renewal of existing permission for use is subject to prior consultation with the Mayor and required to the Mayor's permission;
2. Where it is unavoidable for such business entity to move into a public depot for the operation of buses in a public transportation vulnerable area.
[This Article Newly Inserted on Mar. 25, 2021]

Article 5 (Rents) (1) Pursuant to Article 22 of the Public Property and Commodity Management Act and Article 14 of the Enforcement Decree of the same Act, the Mayor may impose on and collect from transportation business entities, installers of fueling stations, and the Korea Transportation Safety Authority that are admitted to a public depot (hereinafter referred to as "occupiers") the following rents: <Amended on Nov. 13, 2008; Jan. 5, 2012; Jan. 2, 2015; Mar. 25, 2021>
1. The rate of rent for a public depot used by a transportation business entity with permission for the use thereof shall be 10/1000 of the assessed value of the property involved (the officially announced price for land and the appraised value for a building), including areas for common use;
2. The rate of rent for a public depot used by an installer of fueling stations with permission to install stations for supplying natural gas, hydrogen fuel, or electricity or used by the Korea Transportation Safety Authority with permission to install facilities for testing pressure-resistant containers under Article 35-8 of the Motor Vehicle Management Act shall be 10/1000 of the appraised value of the property involved.
(2) Rents specified in paragraph (1) shall be prepaid, and the due date for payment of the rents shall not be more than 60 days from the date of contract, where the permitted period of use is less than one year, or 60 days from each anniversary of the date of the initial contract, where the permitted period of use is not less than one year. <Amended on Sep. 29, 2009>
(3) Where an occupier fails to pay a rent within the due date for payment, the Mayor shall impose and collect overdue charges as follows: <Amended on Mar. 17, 2005; Nov. 13, 2008; Sep. 29, 2009>
1. Where the overdue period is less than one month: 12 percent per annum;
2. Where the overdue period is at least one month, but less than three months: 13 percent per annum;
3. Where the overdue period is at least three months, but less than six months: 14 percent per annum;
4. Where the overdue period is at least six months: 15 percent per annum.
(4) The Mayor may exempt or reduce rents payable under the Public Property and Commodity Management Act. <Amended on Jan. 2, 2015>

Article 6 (Occupiers' Duties) (1) Each occupier owes the duty of care as a good fiduciary in using a public depot and facilities installed in the depot (hereinafter referred to as "facilities in use"). <Amended on Sep. 29, 2009>
(2) Where a facility, etc. in use has been, or is likely to be, destroyed, damaged, or malfunctioned, an occupier shall report such to the Mayor without delay and where he or she destroys, damages, or spoils a facility, etc. in use intentionally or negligently, he or she shall immediately compensate the Mayor for the costs and expenses incurred for restoration or reinstate the facility at his or her own expense. <Amended on Nov. 13, 2008; Sep. 29, 2009; May 14, 2015>

Article 7 (Restrictions on Occupiers' Activities) No occupier shall conduct any of the following activities in a public depot: Provided, That the foregoing shall not apply to activities conducted with approval from the Mayor only in cases falling under subparagraphs 1 and 2: <Amended on Mar. 17, 2005; Nov. 13, 2008; Sep. 29, 2009; Jan. 2, 2015; Jul. 30, 2015; Jan. 7, 2016>
1. Parking any vehicle, other than a city bus, shuttle bus, special bus for funerals, chartered bus, taxi, or truck;
2. Leasing the depot to a third party;
3. Handling any dangerous substance, etc. prohibited by the Framework Act on Firefighting Services;
4. Creating pollution, such as a malodor or noise in excess of the level permitted by the Clean Air Conservation Act or the Noise and Vibration Control Act;
5. Installing or keeping any goods, the installation or storage of which in a public depot is prohibited by other statutes or regulations.

Article 8 (Cancellation of Permission for Use) The Mayor may cancel permission for use in any of the following cases: <Amended on Nov. 13, 2008; Sep. 29, 2009>
1. Where the Mayor changes the specific use of facilities in response to needs for any public purpose and recover subject matter the use of which has been permitted. In such cases, the Mayor shall give written notice to the occupiers not later than six months before the permission for use is cancelled;
2. Where an occupier neglects any of his or her duties under Article 6;
3. Where rents have been overdue for at least six months;
4. Where an occupier violates a restriction on occupiers' activities under Article 7;
5. Where an occupier violates an order issued or a disposition made by the Mayor pursuant to relevant statutes and regulations, or this Ordinance.

Article 9 (Entrustment of Management) (1) The Mayor shall entrust the following administrative affairs related to the operation and management of public depots (hereinafter referred to as "management") to the Seoul Facilities Corporation or to a legal entity or a private individual specializing in the management of public facilities via open tender: <Amended on Nov. 13, 2008; Sep. 29, 2009; Mar. 23, 2017>
1. Matters concerning permission for the use of a public depot under Article 4;
2. Matters concerning reinstatement, including the reception of reports under Article 6 (2) and the collection of costs and expenses incurred for restoration;
3. Matters concerning approval for occupiers' activities under Article 7;
4. Matters concerning the cancellation of permission for use under Article 8;
5. Matters concerning the safety, maintenance, and management of facilities in public depots.
(2) An entrusted manager under paragraph (1) may entrust the users of facilities (occupiers) with administrative affairs under paragraph (1) 5. <Amended on Nov. 13, 2008>

Article 10 (Assistance in Management) When the Mayor entrusts a person with the management of a public depot pursuant to Article 9, he or she may assist the relevant entrusted manager by providing equipment or subsidizing expenses necessary for the management thereof. <Amended on Nov. 13, 2008>

Article 11 (Application Mutatis Mutandis) (1) Except as provided in this Ordinance, the Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to the Private Sector shall apply mutatis mutandis to entrustment contracts, entrusted managers' duties, the guidance and supervision of entrusted managers, the cancellation of entrustment, etc. <Amended on Nov. 13, 2008>
(2) As to the operation and management of the land (including ancillary facilities) purchased for the specific use as a depot for city buses and shuttle buses, among passenger transportation businesses operating in a regular route, and for chartered buses, regular taxis, and trucks among passenger transportation businesses operating in a district, and the land conveyed without consideration, such as charging rents for such land, the Mayor shall apply this Ordinance mutatis mutandis. <Newly Inserted on Nov. 13, 2008; Jul. 30, 2015; Jan. 7, 2016>


ADDENDA <Ordinance No. 3741, May. 20, 2000>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) (Time to Apply Classification by Location of Principal Place of Business) The classification by location of the principal place of business under Article 4 (3).
ADDENDA <Ordinance No. 4266, Mar. 17, 2005>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) (Applicability of Changes in Rates of Overdue Charges) The amended provisions of Article 5 (3) shall apply to overdue charges imposed on or after the date this Ordinance enters into force.
ADDENDUM <Ordinance No. 4706, Nov. 13, 2008>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4857, Sep. 29, 2009>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5229, Jan. 5, 2012>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5457, Mar. 28, 2013>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5785, Jan. 2, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5907, May 14, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5971, Jul. 30, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6125, Jan. 7, 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.
ADDENDA <Ordinance No. 6429, Mar. 23, 2017>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDUM <Ordinance No. 7717, Oct. 5, 2020>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7782, Dec. 31, 2020>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7901, Mar. 25, 2021>
This Ordinance shall enter into force on the date of its promulgation.

- Table 1 (Administrative District by Region)