SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON PUBLIC PROPERTY AND COMMODITY MANAGEMENT
- Enactment No. 4379, May. 04, 2006
- Partial Amendment No. 4423, Jul. 19, 2006
- Partial Amendment No. 4458, Jan. 02, 2007
- Partial Amendment No. 4554, Oct. 01, 2007
- Partial Amendment No. 4585, Dec. 26, 2007
- Amendment of Other Laws No. 4616, Apr. 03, 2008
- Partial Amendment No. 4729, Jan. 08, 2009
- Partial Amendment No. 4803, May. 28, 2009
- Partial Amendment No. 4965, Apr. 22, 2010
- Partial Amendment No. 5071, Jan. 13, 2011
- Partial Amendment No. 5118, Jul. 28, 2011
- Partial Amendment No. 5161, Sep. 29, 2011
- Partial Amendment No. 5162, Mar. 15, 2012
- Amendment of Other Laws No. 5450, Mar. 28, 2013
- Partial Amendment No. 5496, May. 16, 2013
- Partial Amendment No. 5591, Oct. 04, 2013
- Partial Amendment No. 5643, Jan. 09, 2014
- Partial Amendment No. 5787, Jan. 02, 2015
- Partial Amendment No. 6064, Jan. 07, 2016
- Partial Amendment No. 6179, Mar. 24, 2016
- Partial Amendment No. 6291, Jul. 14, 2016
- Amendment of Other Laws No. 6386, Jan. 05, 2017
- Partial Amendment No. 6399, Jan. 05, 2017
- Partial Amendment No. 6427, Mar. 23, 2017
- Partial Amendment No. 6591, Jul. 13, 2017
- Amendment of Other Laws No. 6693, Jan. 04, 2018
- Amendment of Other Laws No. 6700, Jan. 04, 2018
- Partial Amendment No. 6835, Mar. 22, 2018
- Amendment of Other Laws No. 6851, Mar. 22, 2018
- Amendment of Other Laws No. 6899, Jul. 19, 2018
- Partial Amendment No. 7076, Mar. 28, 2019
- Partial Amendment No. 7136, May. 16, 2019
- Partial Amendment No. 7156, May. 16, 2019
- Amendment of Other Laws No. 7423, Dec. 31, 2019
- Partial Amendment No. 7543, Mar. 26, 2020
- Amendment of Other Laws No. 7782, Dec. 31, 2020
- Amendment of Other Laws No. 7912, Mar. 25, 2021
- Partial Amendment No. 7994, May. 20, 2021
- Amendment of Other Laws No. 8127, Sep. 30, 2021
- Partial Amendment No. 8169, Sep. 30, 2021
- Amendment of Other Laws No. 8235, Dec. 30, 2021
- Partial Amendment No. 8399, Apr. 28, 2022
- Partial Amendment No. 8462, Oct. 17, 2022
- Amendment of Other Laws No. 8530, Dec. 30, 2022
- Amendment of Other Laws No. 8862, Jul. 24, 2023
Partial Amendment No. 5591, Oct. 04, 2013 | Partial Amendment No. 5643, Jan. 09, 2014 |
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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to ensure the efficient and appropriate preservation and management of public property and commodities of the Seoul Metropolitan Government, by providing for matters delegated by the Public Property and Commodity Management Act and the Enforcement Decree thereof as well as for those necessary for the implementation thereof. <Amended by Ordinance No. 4585, Dec. 26, 2007>
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Article 2 (Responsibility for Management)
(1) The Mayor of Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall efficiently administer and manage all the public property and commodities thereof. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 3 (Delegation of Management Affairs)
(1) The Mayor may delegate the management of property and commodities of Seoul Metropolitan Government to the head of an autonomous Gu (hereinafter referred to as the "head of a Gu"), the Secretary-General of the Seoul Metropolitan Council and the heads of offices under the jurisdiction of Seoul Metropolitan Government pursuant to Article 14 of the Public Property and Commodity Management Act (hereinafter referred to as the "Act"). <Amended by Ordinance No. 4803, May 28, 2009>
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Article 3-2 (Entrustment of Management, Disposal, etc. of General Property)
Notwithstanding Article 3 (2), where the Mayor deems it necessary for efficient management and disposal, he/she may entrust a person falling under any of the subparagraphs of Article 48-2 (1) of the Enforcement Decree of the Public Property and Commodity Management Act (hereinafter referred to as the "Decree") with business affairs concerning the management and disposal of the relevant general property. In this case, delegation under Article 3 (2) shall be deemed withdrawn.
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CHAPTER II COMMON PROVISIONS ON PUBLIC PROPERTY
Article 4 (Composition, Operation and Duties of Public Property Deliberative Council)
(1) The Public Property Deliberative Council of Seoul Metropolitan Government under Article 16 of the Act (hereinafter referred to as the "Deliberative Council") shall be composed of not fewer than 10 nor more than 17 members, including one Chairperson and one Vice Chairperson, and the Finance Director shall be an ex officio member and the rest of the members shall be commissioned or appointed by the Mayor pursuant to the following subparagraphs: <Amended by Ordinance No. 4803, May 28, 2009; Ordinance No. 5161, Sep. 29, 2011>
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Article 5 (Public Property Management Register)
A property manager shall, pursuant to Article 49 of the Decree, prepare and maintain a public property management register including matters relating to the acquisition, management and disposal of public property according to the attached Form, which may be replaced by an electronic file. Methods of the preparation thereof shall be prescribed by the Enforcement Rule. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 6 (Reports on Increase, Decrease and Present Value of Property)
Matters relating to the form of a report on the increase, decrease and present value of public property which shall be made available to residents pursuant to Article 52 of the Decree, shall be prescribed by the Enforcement Rule. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 7 (Investigation of Actual Conditions)
(1) A public property managing officer shall, at least once every year, investigate the actual conditions of public property pursuant to Article 44 (2) of the Act to manage and administer it thoroughly. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 8 (Aggregation of Property)
Scattered property the management of which is inefficient shall, unless particularly necessary, be disposed of or shall, to the extent possible, be aggregated to reduce management expenses.
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Article 9 (Preservation of Property and Disposal of Disused Property)
(1) Any property which is necessary for the public interest and which is capable of causing an increase in financial revenue shall continue to be preserved and managed. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 10 (Use of Proceeds from Sale)
If any public property is sold, the Mayor shall endeavor to appropriate the proceeds from such sale for the acquisition, purchase, etc. of other new public property equivalent to the public property so sold.
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CHAPTER III ACQUISITION AND DISPOSAL OF PUBLIC PROPERTY
Article 11 (Public Property Management Plan)
(1) The Mayor shall formulate a public property management plan and obtain approval from the Seoul Metropolitan Council before it approves the budget. The same shall also apply to cases where he/she changes the public property management plan. <Amended by Ordinance No. 5118, Jul. 28, 2011>
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Article 12 (Acquisition and Management of Property not in accordance with Plan for Management of Public Property)
(1) If there is any property which is to be acquired (acquired upon payment of compensation) for any project (construction of roads, rivers, etc.) implemented not in accordance with a plan for the management of public property, but in accordance with other Acts and subordinate statutes, the head of the competent authority shall, in advance, consult with the Coordinator of Property and Commodity Management. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 13 (Methods of Preparing Plan for Management of Public Property)
Methods of preparing a plan for the management of public property under Article 11 shall be prescribed by the Enforcement Rule. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 14 (Principle of Acceptance of Donation)
(1) In cases of acceptance of donated property for the use as administrative property, such donated property shall be suited for administrative purposes. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 15 (Property Subject to Permission for Free Use)
(1) In cases of acceptance of the donation of a building or any other facility constructed on the land which is public property, permission for free use or profit-taking shall be limited to property the donation of which is accepted, and permission for onerous use shall be granted for such land. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 16 (Free Use Period)
The period during which any property whose donation is accepted may be used free of charge shall be in accordance with Article 17 of the Decree and shall commence on the date of such acceptance, but may commence on the date of the first use of such property approved by the Mayor. <Amended by Ordinance No. 4803, May 28, 2009>
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CHAPTER IV ADMINISTRATION PROPERTY
Article 17 (Management)
A property managing officer shall thoroughly maintain and repair administration property managed by him/her and improve the environment to meet the administrative needs. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 18 (Restrictions on Permission to Use or Profit from Property)
(1) In cases of permission to use administration property, the purpose of such use shall be carefully examined. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 18-2 (Organizations Eligible for Private Contract for Administration Property)
Where an organization falls under any of the following, it shall be eligible to enter into a private contract pursuant to Article 13 (3) 18 of the Decree:
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Article 19 (Permission to Use or Profit from Property)
In cases of permission to use or profit from administration property, the following matters shall be specified: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 20 (Keeping of Register of Permits for Use of and Profit from Property)
A property managing officer shall never fail to keep and maintain, and make an entry in, a register of permits for the use of and profit from administration property. Such register may be replaced by an electronic file. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 21 (Entrustment of Management of Administration Property)
(1) If a property manager entrusts the management of administration property pursuant to Article 27 (1) of the Act, he/she shall include the scope of property eligible for permission to use or make a profit, the period of permission, an annual user fee, methods of payment thereof, etc. pursuant to Article 27 (2) and (3) of the Act and Articles 19 and 21 of the Decree in an entrustment contract. <Amended by Ordinance No. 4803, May 28, 2009; Ordinance No. 5118, Jul. 28, 2011>
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Article 22 (Application Mutatis Mutandis of Lease of General Property)
The provisions of Articles 23 through 35 shall apply mutatis mutandis to the rate of user fees, permission for temporary use, the appraisal of security deposits, and other matters concerning permission to use or profit from administrative property or preservation property. <Amended by Ordinance No. 4803, May 28, 2009>
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SECTION 1 Lease
Article 23 (Collection of Rent for Leased Property and Measures for Recovery thereof)
(1) In cases of property which is leased and is not used for purposes of such lease, or the value of which is deemed to be decreased due to any neglect of the management, the agreement for such lease shall be terminated pursuant to Article 35 of the Act, and other necessary measures including the recovery of such property shall be taken. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 24 (Scope of Foreign-Invested Enterprises)
As used in this Ordinance, the term "foreign-invested enterprise" or "foreign investment environment improvement facility operator" (hereinafter referred to as "foreign-invested enterprise, etc.") means any enterprise, etc. defined in Article 2 (1) 6 and 7 of the Foreign Investment Promotion Act or Article 2 (5) of the Enforcement Decree thereof. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 25 (Public Property, etc. subject to Lease or Sale to Foreign-Invested Enterprise, etc.)
Public property which may be leased or sold to a foreign-invested enterprise, etc. pursuant to Article 24 shall be as follows: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 26 (Rate of Rent)
(1) Except as otherwise provided for in this Ordinance, the rate of annual rent under Article 31 of the Decree shall be at least 50/1000 of the appraised value of the property in question, and if a public forest is leased for mining or quarrying, the price of minerals and that of standing trees and forest products in a zone which will not be used as forest land in the future due to topographic changes shall, in addition to rent, be collected. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 27 Deleted. lt;by Ordinance No. 4454, Oct. 1, 2007gt; |
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Article 28 (Quarrying Fees, etc.)
(1) In cases of land leased for quarrying under Article 26 (1), quarrying fees shall be collected, which shall be at least 50/1000 of the amount obtained by multiplying the permitted amount of quarrying by the market price of a cubic meter of the relevant rough stone during the year involved, in addition to rent. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 29 (Standards for Calculation of Rent for Building)
(1) In calculating rent for a building, the appraised value thereof shall be determined by adding the appraised value of the building and that of the site therefor. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 30 (Reduction of or Exemption from Rent)
(1) If any public property is leased to a foreign-invested enterprise for business purposes under Article 13 (8) of the Foreign Investment Promotion Act and Article 35 of the Decree, the rate of reduction of or exemption from rent shall be as follows: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 31 (Lease in Such Manner as to Pay Security Deposits)
(1) Public property which may be leased in such a manner as to pay security deposits under Article 31 (4) of the Decree shall be as follows: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 32 (Special Cases concerning Rent, etc.)
Where, during the relevant lease period, rent is increased by 10/100 or more over the preceding year pursuant to Articles 16 and 34 of the Decree, 70/100 shall be the rate of reduction to be reduced and adjusted on the increased portion exceeding 10/100 from among the increased portion thereof. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 33 (Rent Payment Period)
(1) Rent for public property shall be paid prior to the date of commencement of use, if the lease period is not more than one year, and at least thirty days prior to the date of commencement of use each year, if the lease period is more than one year. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 33-2 (Interest Rates, etc. on Payment of Rent in Installments)
(1) Where rent is paid in installments pursuant to Article 32 (20 of the Decree, an interest rate on rent shall be three percent per annum.
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Article 34 (Keeping of Lease Register)
(1) A property manager shall never fail to keep a lease register of property. It may be replaced by an electronic file. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 35 (Lease Agreement)
If a lease agreement is concluded, a written lease agreement shall, even though gratuitous, be prepared and preserved to manage property thoroughly.
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SECTION 2 Sale
Article 36 (Payment of Price in Installments, etc.)
(1) Where property falls under any of the following, the Mayor may allow a person who buys property to pay the price of general property sold in installments plus interest on the remainder of such price at the rate of three percent per annum within ten years pursuant to Article 39 (1) of the Decree: <Amended by Ordinance No. 4803,May 28, 2009; Ordinance No. 5162, Mar. 15, 2012; Ordinance No. 5591, Oct. 4, 2013>
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Article 36-2 (Payment of Exchange Difference in Installments)
The Mayor may allow the State or another local government to pay the exchange difference that occurs when the State or another local government exchanges its property with public property in order to directly use it for public purposes or for public service in installments for the remainder of the exchange difference and interest at three percent per annum within a period of five years. <Amended by Ordinance No. 5162, Mar. 15, 2012; Ordinance No. 5643, Jan. 9, 2014>
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Article 37 (Sale at Cost)
The property which may be sold at cost under Article 42 of the Decree shall be as follows, and in this case, such cost shall consist of land purchase expenses (including all the compensations) and investment and development expenses (including construction expenses, if there is a building): <Amended by Ordinance No. 4803, May 28, 2009>
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Article 38 (Property which May Be Sold by Free Contract)
Any property may, in the following cases, be sold by a free contract under Article 38 (1) 23 of the Decree: <Amended by Ordinance No. 4803, May 28, 2009; Ordinance No. 5591, Oct. 4, 2013; Ordinance No. 5643, Jan. 9, 2013>
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Article 38-2 (Obligations of Management Authority at Time of Transfer of Disused Public Facilities)
Where the head of a Gu permits a development project, executes or approves a rearrangement project, prepares or approves an execution plan in which matters concerning the reversion of public facilities and rearrangement infrastructure are included in accordance with the provisions of the National Land Planning and Utilization Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Urban Development Act, etc., he/she shall manage lest the ratio of the proceeds from sale of the Seoul Metropolitan Government-owned property constituting the proceeds from sale of the whole property, including property of the State or other local governments, be lower than the ratio of the value of the disused Seoul Metropolitan Government-owned property constituting the value of the disused whole property.<Newly Inserted by Ordinance No. 4965, Apr. 22, 2010>
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SECTION 3 Trust
Article 39 (Category of Trust)
In case of leaving general property in trust pursuant to Article 48 of the Decree, it shall be categorized into immovable property management trust, immovable property disposal trust, and land trust (classified into sale-type land trust, lease-type land trust and combined type land trust). <Amended by Ordinance No. 4803, May 28, 2009>
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Article 39-2 (Trusted Institution Selection Examination Committee)
There is hereby established a Trusted Institution Selection Examination Committee of the Seoul Metropolitan Government (hereinafter referred to as the "Examination Committee") to select a trusted institution of the Seoul Metropolitan Government-owned general property prescribed by Article 48-2 of the Decree.
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CHAPTER VI MANAGEMENT OF PUBLIC FOREST LAND
Article 40 (Management of Public Forest Land)
Public forest land shall be planted with such trees capable of yielding profits as grow slowly, which shall contribute to the financial soundness of the Seoul Metropolitan Government. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 41 (Restriction on Disposal)
Public forest land shall be disposed of only if it is deemed that such disposal is necessary for public purposes including reclamation, etc., and such disposal shall require any careful examination of economic feasibility, future availability, etc.
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Article 42 Deleted. <by Ordinance No. 4554, Oct. 1, 2007>
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CHAPTER VII MANAGEMENT OF OFFICE BUILDINGS
Article 43 (Formulation, etc. of Plan for Maintenance of Office Buildings)
(1) In cases of construction of a building of the Seoul Metropolitan Government or its affiliate office, the Mayor shall, in advance, examine whether or not such construction is advisable by a plan therefor, taking into account the location and size of such building, financial resources, etc. and formulate and implement a plan for the maintenance of office buildings. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 44 (Site for Office Buildings)
The area of the site for an office building shall, in principle, be not less than three times the total floor space thereof: Provided, That when it is difficult to do so, not less than the building coverage ratio referred to in the Building Act may be permitted, taking into account regional circumstances. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 45 (Design of Office Buildings, etc.)
In cases of construction of an office building, it shall be designed in accordance with the Standards for Normal Design Areas of Local Office Buildings (Table 1), and such design shall conform with the following: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 46 (Deliberation by Building Committee of Seoul Metropolitan Government)
In cases of construction of an office building, the Building Committee shall deliberate on such construction in accordance with the Seoul Metropolitan Government Ordinance on Building. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 47 (Integration of Office Buildings)
(1) In cases of construction of office buildings, they shall be integrated to such an extent as the relevant budget permits.<Amended by Ordinance No. 4803, May 28, 2009>
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CHAPTER VIII MANAGEMENT OF OFFICIAL RESIDENCES
Article 48 (Definition)
As used in this Chapter, the term "official residence" means any official house which is owned for the use of the Mayor, Vice Mayors or other public officials belonging to the Seoul Metropolitan Government. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 49 (Classification of Official Residences)
The official residences shall be classified as follows:
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Article 50 (Permission to Use Official Residence)
The use of an official residence shall, upon application, be permitted by the Mayor: Provided, That the use of a Grade I or II official residence shall not require such permission. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 51 (Responsibility for Use)
In using an official residence, any public official who does so (hereinafter referred to as the "user") shall, bona fide, manage it as follows: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 52 (Keeping of Official Residence Management Registers)
In order to manage official residences efficiently, their respective specific management numbers and public officials who may use them shall be determined, and official residence management registers shall be kept and pigeonholed.
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Article 53 (Revocation of Permission to Use Official Residence)
The Mayor shall revoke permission to use an official residence in the following cases:
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Article 54 (Responsibility for Bearing Expenses Incurred in Operation of Official Residence)
Expenses incurred in the operation of an official residence shall, in principle, be borne by the user thereof: Provided, That the following expenses may be reimbursed from the relevant budget:
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Article 55 (Exemption from Use Fees)
If an official residence referred to in Article 49 falls under any of the following subparagraphs, it may be exempted from the total amount of the use fees: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 56 (Management of Equipment)
A commodity manager referred to in Article 52 of the Act shall separately keep a register of equipment used in an official residence and enter and manage equipment and basic ornamentation purchased from the relevant budget under Article 54 in such register. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 57 (Handover, Takeover, etc.)
(1) If permission to use an official residence is revoked pursuant to Article 53, the user thereof shall hand over the official residence not later than the date fixed by the Mayor. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 58 (Compensation Measures)
If the user destroys or damages facilities of an official residence by his/her negligence or loses or damages equipment therefor (including fittings, installations and commodities) purchased from the relevant budget in the course of using the official residence, he/she shall provide compensation therefor.
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Article 59 (Application Mutatis Mutandis)
Articles 48 through 58 shall apply mutatis mutandis to leased official houses subject to a debt-claim. <Amended by Ordinance No. 4803, May 28, 2009>
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CHAPTER IX COMMON PROVISIONS ON COMMODITIES
Article 60 (Classification of Commodities)
The classes and condition categories of commodities shall be as shown in Table 2. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 61 (Arrangement Categories of Commodities)
The arrangement categories of commodities shall be as shown in Table 3. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 62 (Year Categories)
(1) In cases of commodities, the fiscal year shall begin on January 1 and end on December 31 of each year. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 63 (Request for Purchase, etc. of Commodities)
The head of the competent authority shall, if it is necessary to purchase, repair or produce commodities, submit a request for the purchase (repair or production) of commodities prescribed by the Enforcement Rule to a commodity receipt and delivery officer, who shall, in turn, submit that request to an accountant. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 64 (Examination of Request for Purchase of Commodities)
(1) If the head of the competent authority requests the purchase of commodities pursuant to Article 63, a commodity manager shall have them purchased after examining whether or not they are included in the commodities whose number is determined and are reflected in a plan for the management of supply and demand of commodities pursuant to Articles 57 and 58 of the Decree. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 65 (Purchase of Commodities by Ordinary Expenses)
(1) The purchase of commodities by ordinary expenses shall be limited to expendable supplies. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 66 (Acceptance of Contributions)
(1) The head of the competent authority who receives a report of contribution or gift of commodities shall, after prior consultation with a commodity manager, refer them to the Contributions Deliberation Committee. <Amended by Ordinance No. 4803, May 28, 2009>
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CHAPTER X RECEIPT AND DELIVERY
Article 67 (Change in Classification)
If a commodity manager decides to change the classes or categories of commodities, he/she shall notify a commodity receipt and delivery officer.
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Article 68 (Commodities Classified as Expendable Supplies)
Commodities purchased for the purpose of repairing or replenishing equipment and those which shall be supplied, may be classified as expendable supplies.
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Article 69 (Prices of Commodities)
The prices of commodities shall be as follows: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 70 (Carry-Over of Unused Commodities)
A commodity receipt and delivery officer shall include any unused commodity as of the end of each year in the same category in the following year as if there were a carry-over order.
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Article 71 (Inquiry into Demand for Disused Commodities and Decision on Disuse)
(1) If a commodity manager intends to sell any of the following commodities, forest products, livestock products, or other products, he/she shall decide on the disuse thereof by a disuse decision notification prescribed by the Enforcement Rule: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 72 (Sale of Disused Commodities)
(1) Except as provided for in any of the following subparagraphs, a report on the disposal of disused commodities by sale shall be prepared with respect to commodities the disuse of which is decided upon under Article 71, in which case they shall be disposed of by sale: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 73 (Destruction of Disused Commodities)
(1) A commodity manager shall burn or destroy (dismantle) commodities falling under any subparagraph of Article 72 (1) after preparing a report on the destruction (dismantlement) of disused commodities prescribed by the Enforcement Rule. <Amended by Ordinance No. 4803, May 28, 2009>
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CHAPTER XI PRESERVATION
Article 74 (Category of Preservation)
(1) In preserving commodities, they shall be categorized into two types: commodities in stock and official commodities. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 75 (Responsibility for Preservation)
A commodity receipt and delivery officer or assistant commodity receipt and delivery officer and the commodity receipt and delivery officer, assistant commodity receipt and delivery officer or head of the competent authority shall be responsible for the preservation of commodities in stock and joint-use commodities, respectively, and exclusive-use commodities shall be preserved by a person who exclusively uses them under the direction and supervision of the head of the competent authority.
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Article 76 (Temporary Preservation)
(1) A commodity receipt and delivery officer or the head of the competent authority may, if deemed particularly necessary for the preservation of commodities, have depositories or other credible persons preserve them temporarily with the approval of the head of the organ to which he/she belongs. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 77 (Report on Loss of or Damage to Commodities)
(1) If the head of the competent authority or an assistant commodity receipt and delivery officer loses or damages commodities in the custody of him/her, he/she shall immediately prepare a report including the reasons for such loss or damage and submit it to a commodity receipt and delivery officer. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 78 (Liability of Commodity Preserver for Reimbursement)
(1) If the Mayor receives a report under Article 77, he/she shall issue the following orders to any person responsible for preservation: <Amended by Ordinance No. 4803, May 28, 2009>
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CHAPTER XII BOOKS
Article 79 (Books of Commodity Receipt and Delivery Officers)
(1) A commodity receipt and delivery officer shall keep and pigeonhole the following books in the form prescribed by the Enforcement Rule: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 80 (Preparation of Books)
(1) Books other than those related to equipment shall be separately prepared each year: Provided, That in cases of any book whose entries are short, the former book may continue to be used, in which case they shall be clearly classified by year. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 81 (Preservation of Evidentiary Documents and Books)
A commodity manager, a commodity receipt and delivery officer, the head of the competent authority or an assistant commodity receipt and delivery officer shall preserve evidentiary documents and books under his/her jurisdiction for five years.
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Article 82 (Inspection of Commodity Management Duties)
(1) An inspection of the management of commodities under Article 90 of the Decree shall be conducted by a commodity manager. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 83 (Inspection of Commodities or Designation and Presence of Inspectors)
(1) In conducting any inspection under Article 82, if a commodity receipt and delivery officer who shall undergo such inspection is unable to do so due to unavoidable circumstances, an inspector shall have a designated staff member present himself/herself. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 84 (Commodity Inspection Certificates)
(1) If an inspector conducts any inspection pursuant to Article 82 or 83 (1), he/she shall prepare two commodity inspection certificates in the form prescribed by the Enforcement Rule, issue one to the commodity receipt and delivery officer in question or a person presenting himself/herself, and submit the other to the Mayor or the head of the organ to which the inspector belongs. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 85 (Transfer of Commodity Receipt and Delivery Duties)
If a public official in charge of the management of commodities is replaced, he/she shall hand over his/her duties to his/her successor within five days after such replacement is officially announced.
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Article 86 (Transfer by Other Staff Member)
If a public official in charge of the management of commodities is unable to hand over his/her duties due to his/her death or any other accident, the Mayor or the head of the organ to which such public official belongs shall have a person designated by that Mayor or head from among the staff members under the supervision of that Mayor or head perform transfer duties under Article 85. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 87 (Procedures for Transfer)
In cases of transfer under Article 85 or 86, a commodity receipt and delivery register shall be completed on the date prior to the transfer, and the date of such transfer shall be stated in that register, which shall be signed and sealed jointly by the transferor and the transferee. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 88 (Transfer of Duties Arising out of Reorganization)
The head of a changed or dissolved organ shall establish a plan for the disposal of commodities under his/her jurisdiction and submit it to the Coordinator of Commodity Management at least thirty days prior to such change or dissolution and shall, at least five days prior thereto, hand over commodities subject to disposal to a commodity receipt and delivery officer. <Amended by Ordinance No. 4803, May 28, 2009>
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CHAPTER XIII SUPPLEMENTARY PROVISIONS
Article 89 (Imposition of Indemnity)
(1) If it is intended that any indemnity under Article 81 (1) of the Decree shall be imposed and collected, a person taking possession of the public property in question shall, in advance, be given notice of such imposition and collection in the form prescribed by the Enforcement Rule. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 90 (Payment of Indemnity in Installments)
(1) The payment of an indemnity in installments under Article 81 (1) of the Decree shall be as follows: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 91 (Payment of Reward for Report on Concealed Property)
(1) The reward rate and maximum amount for each type of concealed property, etc. under Article 84 (2) of the Decree shall be as follows, but the total reward shall not exceed 30 million won: <Amended by Ordinance No. 4803, May 28, 2009>
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Article 91-2 (Interest Rate on Additional Charges to Refund of Overpaid or Erroneously Paid Money)
An interest rate on an additional charge to refund of overpaid or erroneously paid money under Article 82 of the Decree shall be three percent per annum.
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Article 92 (Application for Combination of Lots)
If there is any land or forest land the combination of lots of which is possible, among public property under the jurisdiction of the Mayor, he/she shall immediately apply to the head of the competent Si/Gun/Gu for such combination. <Amended by Ordinance No. 4803, May 28, 2009>
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Article 93 (Subdivision of Public Land into Lots)
If there is any public land capable of being subdivided into lots by owned shares among public property under the jurisdiction of the Mayor, he/she may subdivide that land into lots, taking into account its form and use frequency. In this case, it shall be subdivided into lots in the manner in which the rate of value of each lot after such subdivision is the same as that of the said owned shares, and the appraisal therefor shall be entrusted to any appraisal corporation established under the Public Notice of Values and Appraisal of Real Estate Act. <Amended by Ordinance No. 4803, May 28, 2009>
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ADDENDA <Ordinance No. 5643, Jan. 9, 2014> |