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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON GUARANTEE OF CHILD’S RIGHT TO PLAY

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON GUARANTEE OF CHILD’S RIGHT TO PLAY

Article 1 (Purpose) The purpose of this Ordinance is to prescribe measures to guarantee children’s right to play and ensure that children enjoy a happy life by prescribing necessary matters.


Article 2 (Definitions) The terms used in this Ordinance are defined as follows:
1. The term "children" refers to those persons under 18 years of age, as defined in subparagraph 1 of Article 3 of the Child Welfare Act;
2. The term “right to play” refers to the right of a child to freely rest and enjoy leisure and to engage in sufficient play in play spaces such as children's playgrounds in accordance with Article 31 of the Convention on the Rights of the Child;
3. The term "children's play facility" refers to a facility in accordance with subparagraph 2 of Article 2 of the Act on the Safety Control of Children's Play Facilities;
4. The term “children belonging to a vulnerable social group” refers to any of the following:
(a) Children of recipients under Article 2 of the National Basic Living Security Act and children from families in the second-lowest income bracket;
(b) Children from families where a parent is disabled under the Act On Welfare Of Persons With Disabilities;
(c) Children with disabilities under the Act On Welfare Support For Children With Disabilities.
(d) Children from single-parent families under subparagraph 2 of Article 4 of the Single-Parent Family Support Act;
(e) Children from multicultural families under subparagraph 1 of Article 2 of the Multicultural Families Support Act;
(f) Other Children the Mayor recognizes.


Article 3 (Relationship with other Statutes or Ordinances) Unless there are special provisions in other statutes or ordinances regarding the guarantee of children's right to play, the provisions of this ordinance shall apply.


Article 4 (Duties of the Mayor) (1) The Mayor of Seoul Metropolitan City (hereinafter referred to as the "Mayor") shall endeavor to create and implement policies to guarantee children's right to play and enable children to enjoy a happy life.
(2) The Mayor shall create sufficient play spaces such as children’s play facilities in each region to ensure that children are not deprived of their right to play and shall take necessary measures to ensure that children belonging to vulnerable social groups are not discriminated and are guaranteed their right to play.
(3) The Mayor shall ensure the participation of children by asking their opinions when promoting play-related initiatives.


Article 5 (Formulation and Implementation of Master Plan) (1) The Mayor shall formulate and implement a master plan to guarantee child’s right to play (hereinafter referred to as “master plan").
(2) The master plan shall include the following:
1. Basic direction and objectives to guarantee a child's right to play;
2. Specific tasks and methods to guarantee a child's right to play;
3. Improving policies and creating a foundation to guarantee a child's right to play;
4. Raising and managing funds to implement the master plan;
5. Other matters the Mayor deems necessary to guarantee a child's right to play.
(3) When establishing the master plan, the Mayor shall go through a procedure to gather opinions from children and their parents and shall endeavor to reflect them in the master plan.
(4) The Mayor shall evaluate the results of the implementation of the master plan by asking the opinions of children and experts, and reflect the evaluation results in the next year’s master plan.
(5) The Mayor shall develop and implement an annual implementation plan in accordance with the master plan.


Article 6 (Fact-finding Research) (1) The Mayor may conduct fact-finding research related to guaranteeing children’s right to play in order to efficiently formulate and implement the master plan in accordance with Article 5.
(2) Details such as the contents, methods and procedures of the fact-finding research under paragraph (1) shall be determined by the Mayor.


Article 7 (Support Projects) (1) The Mayor may promote the following support projects to guarantee children's right to play:
1. Children's play space development projects such as the creation of children's play facilities;
2. Children's play-related research and program development projects;
3. Training projects to foster children's play-related professionals;
4. Improvement projects related to play time shortage;
5. Awareness improvement and education projects to promote children's play culture: Continuous education opportunities for those working with children (government employees, teachers, childcare teachers, babysitters, etc.), parents and others to respect and enhance children’s right to play;
6. Other support projects the Mayor deems necessary to guarantee children’s right to play.
(2) The Mayor may entrust support projects under paragraph (1) to a related corporation, organization, etc.


Article 7-2 (Installation and Operation of Indoor Children's Play Facilities) (1) The Mayor may install and operate indoor children's play facilities to guarantee children's right to play.
(2) The fee for using indoor children's play facilities under paragraph (1) shall be prescribed by rule by considering matters such as cost calculation, inflation rate, etc.
(3) The Mayor may reduce the fee notwithstanding paragraph (2), and the subject and criteria for the reduction is specified in attached Table 1.
(4) The Mayor may provide some or all of the necessary expenses within the budget of the Seoul Metropolitan Government for the installation of indoor children's play facilities.
[This Article Newly Inserted on Oct. 17, 2022]


Article 8 (Establishment of Committee) (1) The Mayor may establish the Seoul Metropolitan Government Child's Right to Play Guarantee Committee (hereinafter referred to as the "Committee") to review and advise on matters necessary to ensure children's right to play.
(2) The Committee shall review or give advice on matters that include the following:
1. Formulation and implementation of a master plan in accordance with Article 5;
2. Fact-finding research in accordance with Article 6;
3. Other matters the Mayor deems necessary to guarantee child's right to play.


Article 9 (Organization of Committee) (1) The Committee shall be comprised of not more than 11 commissioned and ex officio members, including a Chairperson and a Vice-Chairperson.
(2) The commissioned members of the Committee shall be appointed by the Mayor from among persons recognized as having expertise and experience in ensuring children's right to play, and the ex officio members shall be appointed by the Mayor from among persons in charge of work related to children's right to play.
(3) The term of office of a commissioned member shall be two years and may be renewed only once. However, the term of a substitute member who is filling the vacancy shall be the remaining term of the predecessor's term.
(4) Other details regarding the composition of the committee shall be determined by the Mayor.


Article 10 (Operation of Committee) (2) When the Chairperson is unable to perform his/her duties due to unavoidable reasons, the Vice-Chairperson shall perform the duties on his/her behalf, and if both the Chairperson and the Vice-Chairperson are unable to perform their duties, a member designated in advance by the Chairperson shall perform his/her duties.
(3) The Committee shall hold a regular meeting four times a year, and a provisional meeting shall be convened in any of the following cases:
1. When the Chairperson deems it necessary;
2. Upon the request of at least one-third of the members.
(4) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(5) The Committee may go through procedures to collect opinions regarding children if it deems it necessary for the review of an agenda item.


Article 11 (Support for Play Activists) 1. Running various types of play programs to promote children's play culture;
2. Education and promoting to spread children's play culture.
(2) The Mayor shall determine the details and methods of support for play activists in accordance with paragraph (1).


Article 12 (Assistance For Non-profit, Non-governmental Organizations) The Mayor may provide administrative and financial support to non-profit, non-governmental organizations’ projects to ensure children's right to play in accordance with the Assistance For Non-profit, Non-governmental Organizations Act to promote children’s right to play.


Article 13 (Establishment of Cooperative System) The Mayor may establish a cooperative system with children's play-related facilities and organizations, educational institutions, local governments, etc. to effectively promote measures to ensure children's right to play.


Article 14 (Official Commendation) The Mayor may grant an official commendation to any individual, corporation or organization that has made an outstanding contribution to guarantee children's right to play, in accordance with the Seoul Metropolitan Government Ordinance on Official Commendation.


Article 15 (Enforcement Rule) Matters necessary for enforcing this Ordinance shall be prescribed by rule of the Seoul Government.