SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE MANAGEMENT OF CFOMMERCIAL FACILITIES ON SIDEWALKS
- Enactment No. 3889, Jul. 16, 2001
- Partial Amendment No. 4057, Jan. 10, 2003
- Partial Amendment No. 4581, Nov. 01, 2007
- Amendment of Other Laws No. 4616, Apr. 03, 2008
- Partial Amendment No. 4660, Jul. 30, 2008
- Partial Amendment No. 4747, Mar. 18, 2009
- Partial Amendment No. 4874, Nov. 11, 2009
- Amendment of Other Laws No. 4907, Jan. 07, 2010
- Partial Amendment No. 5101, May. 26, 2011
- Amendment of Other Laws No. 5137, Jul. 28, 2011
- Partial Amendment No. 5167, Sep. 29, 2011
- Amendment of Other Laws No. 5208, Dec. 29, 2011
- Partial Amendment No. 5503, May. 16, 2013
- Partial Amendment No. 5559, Aug. 01, 2013
- Amendment of Other Laws No. 5767, Dec. 11, 2014
- Partial Amendment No. 5922, May. 14, 2015
- Amendment of Other Laws No. 5948, Jul. 30, 2015
- Partial Amendment No. 5978, Jul. 30, 2015
- Amendment of Other Laws No. 6700, Jan. 04, 2018
- Partial Amendment No. 6771, Jan. 04, 2018
- Partial Amendment No. 6772, Jan. 04, 2018
- Amendment of Other Laws No. 7046, Mar. 28, 2019
- Amendment of Other Laws No. 7154, May. 16, 2019
- Partial Amendment No. 7464, Jan. 09, 2020
- Partial Amendment No. 7720, Oct. 05, 2020
- Amendment of Other Laws No. 7782, Dec. 31, 2020
- Partial Amendment No. 8021, May. 20, 2021
- Partial Amendment No. 8157, Sep. 30, 2021
Amendment of Other Laws No. 7046, Mar. 28, 2019 | Amendment of Other Laws No. 7154, May. 16, 2019 |
---|---|
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters necessary for the management of commercial facilities on sidewalks pursuant to the Road Act, the Enforcement Decree of the said Act, and the Public Property and Commodity Management Act in order to facilitate citizens' mobility by foot and improve the urban environment. <Amended by Ordinance No. 5167, Sep. 29, 2011; Ordinance No. 5559, Aug. 1, 2013>
|
Same as left |
Article 2 (Definitions)
The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 4874, Nov. 11, 2009; Ordinance No. 5101, May 26, 2011; Ordinance No. 5503, May 16, 2013; Ordinance No. 5559, Aug. 1, 2013; Ordinance No. 5922, May 14, 2015>
|
Same as left |
Article 3 (Occupancy Permits)
(1) A person who intends to continue the operation of a facility shall file an application for a permit to occupy a road in attached Form 1 with the Mayor by not later than 30 days before the permitted period of occupancy ends. <Amended by Ordinance No. 4874, Nov. 11, 2009>
|
Same as left |
Article 4 (Installation and Operation of Committee, etc.)
(1) The Mayor shall establish a committee for the operation of commercial facilities on sidewalks (hereinafter referred to as the "Committee") to have the Committee deliberate on matters regarding the appropriate distribution, operation, and management of facilities. <Amended by Ordinance No. 4874, Nov. 11, 2009>
|
Same as left |
Article 5 (Restriction on Renewal of Occupancy Permits)
(1) Notwithstanding the provisions of Article 3 (3), the Mayor shall not renew an occupancy permit in any of the following cases: <Amended by Ordinance No. 5503, May 16, 2013>
|
Same as left |
Article 6 (Loan Agreement)
(1) A person who intends to use a facility owned by a local government shall file an application for the loan of the facility in attached Form 1 with the Mayor and shall enter into a loan agreement with the Mayor on the loan of the facility in attached Form 3. In such cases, the operator shall enter into an insurance policy on the liability for damage to the facility before he/she enters into the loan agreement to attach the certificate of the insurance to the loan agreement.
|
Same as left |
Article 7 (Management of Facilities)
(1) In order to manage facilities efficiently, the Mayor shall prepare and preserve records of the current status of the management of facilities in attached Form 4, display matters to be observed by operators in attached Form 5 on each facility so that ordinary citizens can easily ascertain such matters, and issue an operator's certificate in attached Forms 6 and 7 to the operator. In such cases, an operator and one person from among the operator’s spouse and lineal family members shall be listed on an operator’s certificate, with their photographs attached, and the relevant facility may be operated only by the persons listed on the operator’s certificate. <Amended by Ordinance No. 5978, Jul. 30, 2015>
|
Same as left |
Article 8 (Relocation of Facilities)
(1) The Mayor shall endeavor to keep the balance in the distribution of facilities between autonomous Gus and may adjust the location of a facility, install a replacement, or take any other necessary measure, if he/she considers it necessary to improve the environment for citizens' mobility by foot or the urban view.
|
Same as left |
Article 9 (Prohibition of Activities)
(1) No operator shall transfer or delegate or assign a right or an obligation under an occupancy permit or the loan of a facility to a third party, offer such a right or an obligation as security to a third party, or change the permitted place of occupancy at will. <Amended by Ordinance No. 4874, Nov. 11, 2009; Ordinance No. 5503, May 16, 2013>
|
Same as left |
Article 10 (Demerit Points, etc.)
The Mayor may impose demerit points on a violation of this Ordinance in accordance with attached Table 2 in addition to an order for correction or an order for reinstatement, and shall revoke an occupancy permit immediately, if demerit points accumulated during a permitted period reach or exceed 120 points.
|
Same as left |
Article 11 (Revocation of Permits)
If an operator commits any of the following offenses, the Mayor shall revoke his/her permit irrespective of demerit points and accumulated points under Article 10: <Amended by Ordinance No. 4874, Nov. 11, 2009; Ordinance No. 5503, May 16, 2013; Ordinance No. 5978, Jul. 30, 2015>
|
Same as left |
Article 11-2 (Cancellation or Termination of Loan Agreement)
The Mayor may cancel or terminate the loan agreement entered into with an operator in any of the following cases: <Amended by Ordinance No. 5978, Jul. 30, 2015>
|
Same as left |
Article 12 (Removal of Facilities)
(1) A person who has installed a facility shall remove the facility in any of the following cases: <Amended by Ordinance No. 4874, Nov. 11, 2009>
|
Same as left |
Article 12-2 (Special Provisions on Removal of Facilities)
(1) Notwithstanding Article 12 (3), specially-supported persons may be permitted to operate individually or jointly the facilities subject to removal on or after January 1, 2014.
|
Same as left |
Article 13 (Prior Notice of Disposition)
When the Mayor intends to issue an order for correction under Article 7 (4) or 9 (3), issue an order for reinstatement under Article 9 (2), impose demerit points or revoke a permit pursuant to Article 10 or 11, or remove a facility pursuant to Article 12, he/she shall complete the procedure prescribed by the Administrative Procedures Act, such as prior notice thereof.
|
Same as left |
Article 14 (Imposition and Collection of Occupancy Charge, etc.)
(1) The Mayor shall impose occupancy charges and loan charges on an operator and collect such charges from the operator in accordance with the following guidelines:
|
Same as left |
Article 15 (Delegation of Administrative Work)
The Mayor shall delegate the following administrative work to the head of each Gu having jurisdiction over an area in which a facility is situated: <Amended by Ordinance No. 5503, May 16, 2013>
|
Same as left |
|
Same as left |
Types and Specifications of Commercial Facilities on Sidewalks (related to Article 2) |
Same as left |
Criteria for Imposing Demerit Points on Commercial Facilities on Sidewalks (related to Article 10) |
Same as left |
Application for Permit to Occupy Road (Loan of Facility) |
Same as left |
Permit to Occupy Road |
Same as left |
Loan Agreement on Commercial Facilities on Sidewalks |
Same as left |
Status of Management of ( ) |
Same as left |
Matters to Be Observed by Operators |
Same as left |
( ) Operator’s Certificate (for internal use) |
Same as left |
( ) Operator’s Certificate (for external use) |
Same as left |