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ENFORCEMENT RULES OF SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON WASTES CONTROL

Article 1 (Purpose) The purpose of these Rules is to provide for matters delegated from the Wastes Control Act and Seoul Metropolitan Government Ordinance on Wastes Control and the matters necessary for the enforcement thereof. <Amended on Oct. 8, 2009>

Article 2 (Granting Reward to Reporter of Illegal Dumping of Wastes) (1) The extent of granting rewards for reporting illegal dumping of wastes (hereinafter referred to as "reward") pursuant to Article 9 of Seoul Metropolitan Government Ordinance on Wastes Control (hereinafter referred to as the "Ordinance") shall be limited to offenses in facilities, such as parks, roads, etc., managed by the Seoul Metropolitan Government and administrative agencies under its control (hereinafter referred to as "management agency"). <Amended on Oct. 8, 2009>
(2) Subjects and standards for granting rewards shall be as attached Table 1. <Amended on Oct. 8, 2009>
(3) A person who intends to be granted rewards shall report an offense in Form No. 1 to the head of a management agency having jurisdiction over a place of incident within 14 days from the date he/she finds such an offense. <Amended on Oct. 8, 2009>
(4) The head of a management agency who has received a report referred to in paragraph (3) shall have a public official in charge take an official trip to the scene of an offense and confirm the details of report, and notify a reporter whether he/she is subject to giving a reward, etc. <Amended on Oct. 8, 2009>
(5) Where it is proved true as a result of the confirmation at the scene referred to in paragraph (4), the head of a management agency shall impose a fine for negligence on an offender in accordance with procedures for imposition of a fine for negligence and give a reward to a reporter. <Amended on Oct. 8, 2009>
(6) A reward shall be granted after the period for raising an objection against a fine for negligence imposed on the relevant offense has lapsed. <Amended on Oct. 8, 2009>
(7) The head of a management agency shall record and manage the matters reported on illegal dumping of wastes and details of the management thereof. <Amended on Oct. 8, 2009>

Article 3 (Formation, etc. of Council) (1) The Citizens' Council for the Resolution of Wastes Issues of the Seoul Metropolitan Government (hereinafter referred to as the "Council") referred to in Article 11 of the Ordinance shall be comprised of not more than 30 members, including one chairperson. <Amended on Oct. 8, 2009>
(2) The chairperson shall be elected by the Council from among its members. <Amended on Oct. 8, 2009>
(3) The chairperson shall control affairs of the Council and represent the Council. <Amended on Oct. 8, 2009>
(4) Where the chairperson is unable to perform his/her duties owning to extenuating circumstances, the chairpersons of subcommittees referred to in Article 6 shall vicariously perform duties of the chairperson according to the priority. <Amended on Oct. 8, 2009>
(5) One administrative secretary shall be assigned to the Council and the manager (the officer) in charge of wastes control affairs shall be the administrative secretary. <Amended on Oct. 8, 2009>
(6) Subcommittees shall be established for the efficient operation of the Council. <Amended on Oct. 8, 2009>

Article 4 (Term of Office of Members) (1) The term of office of a member shall be two years and he/she may hold office on only two occasions. <Amended on Oct. 8, 2009>
(2) Where a member filling a vacancy is appointed due to a vacancy, his/her term of office shall be the remaining period of his/her predecessor. <Amended on Oct. 8, 2009>

Article 5 (Meetings) (1) Meetings of the Council shall be classified as regular meetings and extraordinary meetings, the former shall be called once a year and the latter shall be called whenever occasion calls where the Mayor or the chairperson deems it necessary. <Amended on Oct. 8, 2009>
(2) A meeting of the Council shall be held by attendance of the majority of the incumbent members and a resolution shall be made with the consent of the majority of the members present. <Newly Inserted on Oct. 8, 2009>

Article 6 (Exclusion, Challenge, Abstention of Member) (1) Where a member falls under any of the following subparagraphs, he/she shall be excluded from the performance of his/her duties: <Newly Inserted on Oct. 8, 2009>
1. Where a member or person who is or was his/her spouse becomes the person concerned of the relevant case or is in relations of a joint rightful person or responsible person concerning the relevant case; <Newly Inserted on Oct. 8, 2009>
2. Where a member is or was kin of the person concerned of the relevant case; <Newly Inserted on Oct. 8, 2009>
3. Where a member gave evidence on or determined the relevant case; <Newly Inserted on Oct. 8, 2009>
4. Where a member participates or participated in the relevant case as a proxy of the person concerned; <Newly Inserted on Oct. 8, 2009>
5. Where a member is deemed to be directly related to the person concerned. <Newly Inserted on Oct. 8, 2009>
(2) The Council shall determine the exclusion by official authority or at the request of the person concerned. <Newly Inserted on Oct. 8, 2009>
(3) Where grounds exist making it difficult to expect a member to deliberate or resolve fairly, the person concerned may challenge him/her, and the Council shall determine the challenge by resolution: Provided, That not less than two members shall be challenged on the same case. <Newly Inserted on Oct. 8, 2009>
(4) Where a member has reasons referred to in paragraph (1) or (3), he/she may abstain from the relevant case. <Newly Inserted on Oct. 8, 2009>

Article 7 (Subcommittees) (1) Subcommittees established in the Council pursuant to Article 3 (6) and their functions shall be as the following subparagraphs: <Amended on Oct. 8, 2009>
1. Subcommittee on waste policy: Advice and assessment, etc. concerning a basic waste policy;
2. Subcommittee on the reduction and recycling of wastes: The promotion of the reduction and recycling of wastes, the promotion of recycling business operators and civic organizations, publicity to the citizens, etc.;
3. Subcommittee on waste facilities: Advice on construction of waste disposal facilities and waste treatment technology, etc.
(2) Article 5 shall apply mutatis mutandis to the operation of meetings of subcommittees. <Amended on Oct. 8, 2009>

Article 8 (Detailed Rules for Operation) The chairperson shall determine other necessary matters concerning the operation of the Council, and the formation and operation of subcommittees through the resolution of the Council. <Amended on Oct. 8, 2009>

Article 9 (Imposition Standards, etc. of Fines for Negligence) (1) Imposition standards of fines for negligence conducted by the Seoul Metropolitan City Mayor (hereinafter referred to as the "Mayor") pursuant to Article 68 of the Wastes Control Act (hereinafter referred to as the "Act") and Article 13 of the Ordinance shall be as attached Table 2. <Amended on Oct. 8, 2009>
(2) In determining the amount of a fine for negligence, the Mayor may take the motive of the relevant offense and the result thereof, etc. into consideration and reduce the amount within the extent of 30/100 of the standard amount of imposition. <Amended on Oct. 8, 2009>

ADDENDA <Oct. 13, 2005>
(1) (Enforcement Date)
These Rules shall enter into force on the date of their promulgation.
(2) (Transitional Measures)
Notwithstanding the amended provisions of subparagraph 14 (a) of attached Table 2, the previous provisions shall apply to the amount of a fine for negligence on an offense before these Rules enter into force.
ADDENDUM <Oct. 8, 2009>
These Rules shall enter into force on the date of their promulgation.
ADDENDUM <Enforcement Rules No. 3711, Dec. 10, 2009>
These Rules shall enter into force on the date of their promulgation.
ADDENDUM <Enforcement Rules No. 3752, Jun. 10, 2010>
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of their promulgation.