SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROTECTION OF TENANTS OF COMMERCIAL BUILDINGS
Enactment No. 6072, Jan. 07, 2016 | |
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Article 1 (Purpose)
The purpose of this Ordinance is to support tenants (including sublessees, if any) of commercial buildings to enable them to perform business activities in a stable manner by forming fair and sustainable relationship in the lease of commercial buildings and by making it possible to promptly settle disputes between the landlords (including the managing bodies of commercial buildings, if any) and the tenants.
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Article 2 (Scope of Application)
(1) This Ordinance shall apply to commercial buildings referred to in the former part of Article 2 (1) of the Commercial Building Lease Protection Act (hereinafter referred to as the "Act") irrespective of payment of security deposit or rent.
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Article 3 (Definitions)
The terms used in this Ordinance shall be defined as follows:
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Article 4 (Mayor's Responsibility)
(1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall strive to create an environment in which tenants can perform their business with ease through stabilization of the relationship of the lease of commercial buildings.
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Article 5 (Recommendation and Support for Concluding Win-Win Agreements)
(1) In any of the following cases where commercial activities become invigorated irrespective of the intent of tenants, the Mayor may recommend to conclude win-win agreements for lease of commercial buildings (hereinafter referred to as "win-win agreement") and provide support therefor through budgetary support:
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Article 6 (Creation of Long-Time Carefree Commercial Buildings)
(1) The Mayor may create Seoul Metropolitan Government long-time carefree commercial buildings to enable the tenants to operate their businesses for a long term with ease.
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Article 7 (Lease Contracts, etc. for Property Possessed by Affiliated Institutions)
(1) The period of a lease contract for property possessed by an affiliated institution shall be at least two years: Provided, That where the contract period is less than five years, the tenant's right to request a renewal of the contract may be exercised only within the extent that the total lease period including the initial lease period does not exceed five years. In such cases, the same shall not apply to cases falling under any subparagraph of Article 10 (1) of the Act.
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Article 8 (Recommendation for Use of Standard Form Contract)
In order to protect tenants' rights, the Mayor shall recommend to use a standard lease contract form and a standard premium contract form prepared by the Ministry of Justice and the Ministry of Land, Infrastructure and Transport.
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Article 9 (Counseling Center for Lease of Commercial Buildings)
(1) The Mayor may operate the Seoul Metropolitan Government Counseling Center for Lease of Commercial Buildings (hereinafter referred to as the "Counseling Center") to provide counseling services with respect to the lease of commercial buildings.
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Article 10 (Dispute Mediation Committee on Lease of Commercial Buildings)
(1) In order to deliberate on and mediate the disputes related to the lease of commercial buildings, the Mayor shall establish the Dispute Mediation Committee on Lease of Commercial Buildings (hereinafter referred to as the "Mediation Committee).
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Article 11 (Composition of the Mediation Committee)
(1) The Mediation Committee shall be comprised of not more than 30 members including one chairperson: Provided, That in appointing commissioned members, the ratio of female members shall be at least 40 percent of them.
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Article 12 (Exclusion, Challenge and Evasion of Members)
(1) A member who falls under any of the following cases shall be excluded from the deliberation and mediation of the relevant case of the application for dispute mediation (hereinafter referred to as "case"):
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Article 13 (Revocation of Commissioning of Members)
If any member falls under any of the following cases, the Mayor may revoke commissioning of him/her:
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Article 14 (Dispute Mediation)
(1) A person who intends to have his/her dispute mediated shall file an application with the Mayor, stating the purport of and reasons for the application.
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Article 15 (Request for Attendance, etc.)
If necessary for dispute mediation, a subcommittee may request the parties to the dispute, their representatives or interested persons to meet or to submit related materials.
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Article 16 (Refusal or Suspension of Mediation)
(1) In any of the following cases, a subcommittee may refuse to conduct mediation or suspend it:
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Article 17 (Effect of Mediation)
(1) Upon preparation of a proposal for mediation, a subcommittee shall present it to each party to the dispute without delay.
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Article 18 (Formulation, etc. of Standards for Dispute Mediation)
(1) The Mayor may formulate the standards for dispute mediation by each matter requiring mediation under Article 10 (2) and conduct research for such purpose.
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Article 19 (Enforcement Rule)
Matters necessary for the enforcement of this Ordinance shall be prescribed by Rule of the Seoul Metropolitan Government.
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ADDENDA |