SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON ESTABLISHMENT AND MANAGEMENT OF FREE LEGAL ADVICE CENTER

                                                     Ordinance No. 4490, Apr. 5, 2007

                                      Amended by Ordinance No. 5019, Sep. 27, 2010

                                                     Ordinance No. 5025, Sep. 30, 2010

Article 1 (Purpose)

The purpose of this Ordinance is to provide for matters necessary to establish and manage a legal advice center with a view to providing legal advice to protect citizens’ rights in relation to various legal problems that arise in civic life and to assist knowledge-based industries in all its legal aspects, including intellectual property rights and technology transactions associated with corporate activities.

Article 2 (Name of Legal Advice Center)

The name of the legal advice center shall be “Seoul Metropolitan Government Center for Free Legal Advice”, which may be named differently as needed.

Article 3 (Location of Legal Advice Center)

The legal advice center shall be established within the Seoul Metropolitan Government Office Building and may also be established in a separate place if necessary.

Article 4 (Scope of Legal Counseling)

The scope of legal counseling (hereinafter referred to as “counseling”) shall be as follows:

 1. Matters relating to administrative, civil, criminal and family cases associated with civic life;

2. Matters relating to legal counseling, the construction of various laws, etc. concerning administrative dispositions made by the City and Gus;

 3. Matters relating to knowledge-based industries including intellectual property rights, such as patents, and technology transactions;

 4. Other matters relating to civic life, such as real estate and business start-up.

Article 5 (Management of Legal Advice Center)

(1) Persons eligible for counseling shall be those domiciled or residing in the Seoul Special Metropolitan City, including citizens of the Seoul Special Metropolitan City, business proprietors, and public officials who belong to the Seoul Special Metropolitan City and its autonomous Gus.

(2) Counseling shall be preferentially provided for the persons eligible for assistances under the National Basic Living Security Act, disabled persons, and low-income citizens including young family heads.

(3) Legal counseling shall be provided free of charge.

Article 6 (Methods of Counseling)

(1) Counseling services shall, in principle, be performed at the legal advice center through personal visitation, but may be given in writing or on-line by means of the Internet.

(2) The legal advice center in the Seoul Metropolitan Government Office Building shall be open Monday through Friday, except holidays, from 10:00 to 12:00 in the morning and 14:00 to 17:00 in the afternoon. However, other legal advice centers may be operated on separate schedules depending on circumstances.

Article 7 (Legal Advisors, etc.)

(1) A responsible advisor shall be appointed to manage and support the legal advice center, who shall be assumed by the head of the department in charge of the general affairs of the legal advice center, and the assistant junior official in charge of the general affairs of the legal advice center shall serve as the executive secretary.

(2) Legal advisors shall be designated by the Mayor from among those qualified as attorney-at-law or patent attorney or with considerable  knowledge and experience in administrative law.

(3) Where the Mayor deems it necessary, he/she may have legal advisors provide counseling services by designating their special areas.

Article 8 (Counseling)

(1) Visitation counseling shall, in principle, be provided in the manner of giving answers on the spot: Provided, That with respect to matters requiring further examinations that cannot be answered on the spot or requiring consultation with relevant departments, the reply shall be given in writing or by telephone.

(2) Written counseling or on-line counseling by means of the Internet shall be provided in a manner that a detailed reply is given in writing or on-line by means of the Internet, including related laws and regulations to help the counseling applicants understand the context.

(3) Important administrative information discovered during the counseling process may be communicated by the responsible advisor to related departments and agencies to be reflected in administrative practices.

(4) If, during the counseling process, answers of related public officials are deemed necessary, the responsible advisor may request the attendance of the related public officials, and the public officials in receipt of such request shall comply with the request, except in extenuating circumstances.

Article 9 (Corrective Measures)

(1) If, as a result of counseling, any administrative disposition is found to be illegal or unjust, the details thereof may be communicated in writing to the relevant department or agency with the recommendation to take corrective measures.

(2) The head of the department or agency requested to take corrective measures shall notify the responsible advisor and other related advisors of a plan for such measures within seven days.

(3) If the plan for measures referred to in paragraph (2) is completed, the results shall be communicated to the responsible advisor and other related advisors.

Article 10 (Advice)

If the responsible advisor is not confident that legal provisions are correctly construed and applied in relation to a specific counseling case, he/she may request advice from the counsel to the Seoul Metropolitan Government.

Article 11 (Legal Advice Center Management Committee)

(1) The Committee for Management of the Seoul Metropolitan Government Center for Free Legal Advice (hereinafter referred to as the “Management Committee”) may be established to efficiently manage the legal advice center.

(2) The head of the Office of Planning and Coordination shall serve as  the chairperson of the Management Committee, and the members shall be comprised of four public officials of Grade Ⅳ or higher belonging to the City, including the responsible advisor, and two legal advisors under Article 7 (2).

Article 12 (Maintenance of Records)

The responsible advisor shall keep records of acceptance and handling of each legal counseling case to maintain and manage accurate records regarding the management of the legal advice center.

Article 13 (Allowances, etc.)

Counseling fees, travel expenses, and other allowances may be paid to legal advisors other than public officials, within budgetary limits.

Article 14 (Detailed Operational Rules)

Except as provided for in this Ordinance, necessary matters regarding the management of the legal advice center shall be determined by the Mayor.

ADDENDA 

(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.

(2) (Repeal of Other Ordinance) The Seoul Metropolitan Government Ordinance on Establishment of the Administrative Law Advice Center is hereby repealed.

ADDENDUM 

  Article 1 (Enforcement Date)

This Ordinance shall enter into force on the date of its promulgation.

(1) through (6) Omitted.

ADDENDUM 

  Article 1 (Enforcement Date)

This Ordinance shall enter into force on the date of its promulgation.