home Home > Regulations Search > Integrated Search
  • 본문저장
  • 인쇄하기
  • 신구대조
  • 돌아가기

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE SUPPORT FOR A FAIR ECONOMY

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE SUPPORT FOR A FAIR ECONOMY

Article 1 (Purpose) The purpose of this Ordinance shall be to protect the economically underprivileged and promote a fair economy through harmony among economic subjects by prescribing support matters necessary for conflict resolution among economic subjects and seeking economic and social cooperation in Seoul Metropolitan City.

Article 2 (Definitions) The terms used in this Ordinance are defined as follows:
1. The term "fair economy" means to protect the economically underprivileged, lay the groundwork for creative corporate activities, and promote balanced development of the local economy through harmony and cooperation among economic subjects.
2. The term "unfair transactions" refers to an act that may hamper fair competition among economic subjects.

Article 3 (Duties of the Mayor) The Mayor of Seoul Metropolitan City (hereinafter referred to as the "Mayor") shall actively endeavor to create the conditions and system required to enforce the policy for a fair economy.

Article 4 (Formulation and Implementation of a Master Plan) (1) The Mayor shall formulate and implement a master plan for a fair economy in Seoul Metropolitan City (hereinafter referred to as the "Master Plan") every five years to realize a fair economy.
(2) The Master Plan shall include the following:
1. Basic directions and objectives of the policy for a fair economy;
2. Plan to find and promote core tasks by field;
3. Financing for the enforcement of the Master Plan;
4. Investigation, research and educational consultation related to a fair economy; or
5. Other matters that the Mayor recognizes as necessary for fair economy policies.
(3) The Mayor shall formulate and implement every year an implementation plan (hereinafter referred to as the "Implementation Plan") for the fair economy in Seoul Metropolitan City under the Master Plan.
(4) The Mayor shall present the Master Plan, the Implementation Plan, and performance thereof to the relevant standing committee of the Seoul Metropolitan City Council.

Article 5 (Surveys) (1) The Mayor may conduct surveys on unfair transaction practices to create a fair transaction environment.
(2) The Mayor shall find a plan to improve policies for a fair economy based on the findings of surveys.

Article 6 (Establishment and Functions of the Fair Transaction Support Center) (1) The Mayor may establish a fair transaction support center (hereinafter referred to as the "Center") to relieve and prevent damage inflicted on small and medium enterprises and micro enterprises due to unfair transactions.
(2) The Center shall perform the following:
1. Legal advice on unfair transactions;
2. Support for legal aid on unfair damage inflicted on small and medium enterprises and micro enterprises;
3. Promotion and education to improve and prevent unfair transactions; or
4. Other tasks necessary to support fair transactions.

Article 7 (Establishment of the Dispute Mediation Council) The Mayor shall have the following dispute mediation councils to establish a fair transaction order:
1. Seoul Metropolitan City franchise transaction dispute mediation council; and
2. Seoul Metropolitan City agency transaction dispute mediation council.

Article 8 (Franchise Transaction Dispute Mediation Council) (1) The franchise transaction dispute mediation council comprises 9 members, including 1 chairperson. The members are classified as follows and each category has as many members:
1. Members representing public interests;
2. Members representing the interests of franchisers; or
3. Members representing the interests of franchisees.
(2) The franchise transaction dispute mediation council shall adjust matters concerning disputes in franchise transactions, requested by the fair transaction committee or parties to the disputes.
(3) Parties to the disputes shall, as to the mediation under paragraph (2), apply for dispute mediation by filing, with the dispute mediation council, a writing that specifies matters prescribed by Article 19 of the Enforcement Decree of the Fair Transactions in Franchise Business Act.
(4) Other matters concerning organization, structure, mediation procedures, etc. of the dispute mediation council shall be governed by Articles 16 through 25 of the Fair Transactions in Franchise Business Act.

Article 9 (Agency Transaction Dispute Mediation Council) (1) The agency transaction dispute mediation council comprises 9 members, including 1 chairperson. The members are classified as follows and each category has as many members:
1. Members representing public interests;
2. Members representing the interests of suppliers; and
3. Members representing the interests of agencies.
(2) The agency transaction dispute mediation council shall mediate matters concerning disputes in relation to Articles 5 through 12 of the Fair Transactions in Franchise Business Act as requested by the fair transaction committee or parties to the disputes.
(3) Parties to the disputes shall, as to the mediation under paragraph (2), apply for dispute mediation by filing, with the dispute mediation council, a writing that specifies matters prescribed by Article 9 of the Enforcement Decree of the Fair Agency Transactions Act.
(4) Other matters concerning organization, structure, mediation procedures, etc. of the dispute mediation council shall be governed by Articles 13 through 22 of the Fair Agency Transactions Act.

Article 10 (Operation of the Dispute Mediation Council, etc.) (1) Dispute mediation council meetings under Article 7 shall be classified into meetings organized by all members (hereinafter referred to as the "General Meeting") and meetings organized by each member falling under any of the subparagraphs of Article 8(1) and Article 9(1) (hereinafter referred to as the "Small Meeting").
(2) The General Meeting shall be presided by a chairperson and shall be started when a majority of registered members are present and resolved by vote of a majority of members present.
(3) The Small Meeting shall be presided by a member representing public interests and shall be started when all constituent members are present and resolved by unanimous consent of members present.
(4) Detailed matters other than what is prescribed by this Ordinance shall be prescribed as the detailed rules of each dispute mediation council after being deliberated and resolved.

Article 11 (Establishment and Functions of the Fair Economy Committee) (1) The Mayor shall establish the fair economy committee (hereinafter referred to as the "Committee") to enforce the fair economy policy smoothly and advice and deliberate supports therefor. <Amended on Dec. 30, 2021>
(2) The Committee under paragraph (1) above shall deliberate the following:
1. Matters concerning the formulation and evaluation of the Master Plan and Implementation Plan;
2. Matters concerning the policy important for the revitalization of a fair economy;
3. Cooperation with relevant institutions, organizations, etc. and development of a network to improve and prevent unfair transactions; or
4. Other matters recognized as necessary for fair economy policies.

Article 11-2 (Term of the Committee) The Committee shall continue to exist until Dec. 31, 2026.
[This Article Newly Inserted on Dec. 30, 2021]

Article 12 (Organization of the Committee) (1) The Committee shall comprise about 15 members, including 1 chairperson and 1 vice-chairperson.
(2) The chairperson and vice-chairperson of the Committee shall be elected from members other than public officials by mutual vote.
(3) Members are commissioned for the following persons by the Mayor and a head of the fair economy division of the City shall become an ex-officio member:
1. Persons with expertise in the fair economy, who have served for 5 years or more as an assistant professor or equivalent thereto in universities or authorized research institutes;
2. Persons who are serving as researchers in research institutes in the field of fair economy and public welfare (refer to research institutes or researchers under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes and Article 2 of the Act on the Establishment and Operation of Local Government-Invested Research Institutes);
3. Persons who have surveyed and analyzed the industry and economy in industry and economy-related associations or organizations and are recommended by the associations or organizations;
4. Persons who have performed tasks related to the policy for fair economy and public welfare for 1 year or more in non-government organizations in the field of fair economy and public welfare and are recommended by non-government organizations;
5. Members who are recommended by the Seoul Metropolitan City Council (hereinafter referred to as the "City Council") as persons who perform or have served as members of the City Council in a field of finances and economy; or
6. Persons whom the Mayor recognizes as qualified as equivalent to subparagraphs 1, 2, or 4 with sufficient expertise and experience in matters advised by the Council.
[Previous Article 12 moved to Article 19 <Dec. 30, 2021>]

Article 13 (Term of Office of Members) A term of office of members other than public officials shall be 2 years and such members may serve consecutive terms only once; Provided, That a member who is newly commissioned due to the resignation of a former member shall serve the remaining term of office of the former member.
[Previous Article 13 moved to Article 20 <Dec. 30, 2021>]

Article 14 (Duties of the Chairperson) (1) A chairperson shall represent the Committee and supervise the work thereof.
(2) A vice-chairperson shall aid the chairperson. And where a chairperson cannot perform his/her duties due to unavoidable reasons, a vice-chairperson shall become an acting chairperson.
[Previous Article 14 moved to Article 21 <Dec. 30, 2021>]

Article 15 (Meetings of the Committee) (1) A chairperson shall convene a meeting of the Committee and be in the chair.
(2) A meeting shall, in principle, be held once per 6 months but a special meeting may be convened when the chairperson recognizes as it is required to consult on urgent matters.
(3) If a chairperson intends to convene the Committee, the chairperson shall notify in writing each member of the date, time, place, and agenda of meeting no later than 7 days before the convention of meeting; Provided, That the same shall not apply to urgent cases.
(4) Committee meetings shall be started when a majority of registered members are present and resolved by vote of a majority of members present.
(5) A chairperson may have public officials in the relevant departments, experts, interested parties, etc. attend a meeting for advice, adjustment of the agenda and to hear their opinions.
(6) Meetings shall be recorded through minutes and, in principle, be disclosed; Provided, That any agenda which may harm the stability of the local economy or cause confusion in the policy enforcement may not be disclosed.
[This Article Newly Inserted on Dec. 30, 2021]

Article 16 (Secretary) (1) A secretary shall be appointed to handle affairs of the Committee.
(2) A secretary shall be an officer or a head of department in relation to a fair economy.
(3) A secretary shall handle affairs of the Committee under the orders of a chairperson.
[This Article Newly Inserted on Dec. 30, 2021]

Article 17 (Causes for Exclusion, Recusal, Avoidance, Revocation of the Commission or Disqualification of Members) (1) A member who has interests in agenda related to advice shall be regarded as not qualified to deliberate the relevant agenda.
(2) Where it is difficult to expect that a member would advise and mediate the relevant agenda, a chairperson shall exclude such member from advice regarding the relevant agenda.
(3) Where a member comes to know that he/she has interests in the relevant agenda, such member shall, for himself/herself, not participate in the deliberation on the relevant agenda.
(4) Where a member falls under any of the following subparagraphs, the Mayor may cancel the commission even before the expiration of his/her term of office:
1. Where the member fails to perform his/her obligations in good faith;
2. Where the member leaks or misuses secrets that he/she comes to know in the course of performing his/her duties; or
3. Where the member himself/herself wants to be de-commissioned due to personal reasons, such as health.
(5) A person who falls under any of the following subparagraphs may not become a member:
1. A person in whose case 5 years have not passed since his or her imprisonment without labor or any heavier punishment as sentenced by a court is completely excluded or exempted;
2. A person in whose case 2 years have not passed since he or she was sentenced to imprisonment without labor or any heavier punishment by a court and a term of suspension of execution expired; or
3. A person who is under suspension of his or her sentence imprisonment without labor or any heavier punishment as sentenced by a court.
[This Article Newly Inserted on Dec. 30, 2021]

Article 18 (Detailed Regulations) Matters necessary for operation of the Committee in addition to what is prescribed by this Ordinance shall be determined by a chairperson by resolution of the Committee.
[This Article Newly Inserted on Dec. 30, 2021]

Article 19 (Building of Cooperation System) The Mayor may build a cooperation system with related institutions to enforce fair economy policies.
[Moved from Article 12 <Dec. 30, 2021>]

Article 20 (Budget Support) The Mayor may provide, within the scope of their budget, expenses necessary to conduct surveys and operate the fair transaction support center, dispute mediation council, etc.
[Moved from Article 13 <Dec. 30, 2021>]

Article 21 (Enforcement Rules) Matters required to enforce this Ordinance shall be prescribed as rules.
[Moved from Article 14 <Dec. 30, 2021>]

Addenda <Ordinance No. 7919, Mar. 25, 2021>
This Ordinance shall enter into force on the date of its promulgation.
Addenda <Ordinance No. 8247, Dec. 30, 2021>
This Ordinance shall enter into force on the date of its promulgation.