SEOUL METROPOLITAN GOVERNMENT ORDINANCE OF PREVENTION ON VIOLATION AGAINST WOMEN AND PROTECTION AND SUPPORT OF VICTIMS Comparison

SEOUL METROPOLITAN GOVERNMENT ORDINANCE OF PREVENTION ON VIOLATION AGAINST WOMEN AND PROTECTION AND SUPPORT OF VICTIMS

SEOUL METROPOLITAN GOVERNMENT ORDINANCE OF PREVENTION ON VIOLATION AGAINST WOMEN AND PROTECTION AND SUPPORT OF VICTIMS
Amendment of Other Laws No. 6386, Jan. 05, 2017	Partial Amendment No. 7048, Mar. 28, 2019
CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to define the basic matters concerning prevention on violation against women and protection of victims of the Seoul Metropolitan Government under Article 4 of the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims, Article 3 of the Sexual Violence Prevention and Victims Protection Act, and Article 3 of the Act on the Prevention of Sexual Traffic and Protection, Etc. of Victims, and comprehensively promote the relevant policies.	CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to prescribe the basic matters concerning prevention of violation against women and protection of victims in Seoul Metropolitan City pursuant to Article 4 of the Framework Act on the Prevention of Violence against Women, Article 4 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims, Article 3 of the Sexual Violence Prevention and Victims Protection Act, and Article 3 of the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims, and to comprehensively promote the relevant policies. <Amended by Ordinance No. 7048, Mar. 28, 2019>
Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: 1. “Violence against a woman” means all activities of violation against human rights of women and rights of life, freedom and safety, etc. and refers to violation against women such as domestic violence, sexual violence, and sexual traffic, which is committed individually or collectively; 2. “Domestic violence” refers to the definition of Article 2 of the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims; 3. “Sexual violence” refers to the definition of Article 2 of the Sexual Violence Prevention and Victims Protection Act; 4. “Sexual traffic” refers to the definition of Article 2 of the Act on the Prevention of Sexual Traffic and Protection, Etc. of Victims; 5. “Victim” refers to a person suffered from damages due to violence against a woman and a member of family such as a child in need of protection and support from the violence against a woman.	Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 7048, Mar. 28, 2019> 1. The term "violence against women" means as defined in subparagraph 1 of Article 3 of the Framework Act on the Prevention of Violence against Women; 2. The term "domestic violence" means as defined in subparagraph 1 of Article 2 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims; 3. The term "sexual violence" means as defined in subparagraph 1 of Article 2 of the Sexual Violence Prevention and Victims Protection Act; 4. The term "commercial sex acts" means as defined in subparagraph 1 of Article 2 of the Act on the Prevention of Commercial Sex Acts and Protection, etc. of Victims; 5. The term "victim" means a person suffered from damages due to violence against women and a member of family, such as a child in need of protection and support from the violence against women.
Article 3 (Obligations) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as “Mayor”) shall take measures the followings for prevention and protection of violence against women and protection and support of victims: <Amended by Ordinance No. 5795, Jan. 2, 2015> 1. Establishment and operation of reporting system of violence against women; 2. Investigation, research, education and campaign for prevention and protection of violence against women; 3. Establishment and operation of protection facilities for victims and others like provision of support service on victims; 4. Establishment and operation of cooperation system between the relevant agencies for smooth protection and support on victims; 5. Maintenance of the relevant statues for prevention and protection of violence against women and protection and support of victims; (2) The Mayor shall take measures under the budget followed thereby for fulfillment of the obligations pursuant to paragraph (1). <Amended by Ordinance No. 5795, Jan. 2, 2015> (3) The Mayor shall assign organizations and officials in charge of prevention and protection of violence against women and protection and support of victims. (4) The Mayor shall foster and support counselling centers related to violence against women and protection facilities for victims of violence against women, established and operated under the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims, the Sexual Violence Prevention and Victims Protection Act, and the Act on the Prevention of Sexual Traffic and Protection, Etc. of Victims, with assistance of expenses, etc.	Article 3 (Responsibilites) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall take the following measures for prevention and protection of violence against women and protection and support for victims: <Amended by Ordinance No. 5795, Jan. 2, 2015> 1. Establishment and operation of the reporting system of violence against women; 2. Investigation, research, education and campaign for prevention and protection of violence against women; 3. Establishment and operation of protection facilities for victims and provision of other support services for victims; 4. Establishment and operation of the cooperation system between the relevant agencies for smooth protection and support for victims; 5. Maintenance of the relevant statues and regulations and formulation, implementation, and evaluation of various policies for the prevention and protection of violence against women and protection and support of victims. (2) The Mayor shall take budgetary measures for the fulfillment of responsibilities under paragraph (1). <Amended by Ordinance No. 5795, Jan. 2, 2015> (3) The Mayor shall have organizations and public officials in charge of the prevention and protection of violence against women and the protection and support for victims. (4) The Mayor shall foster and provide support, such as subsidization, for counselling centers related to violence against women and protection facilities for victims of violence against women, established and operated under the Framework Act on the Prevention of Violence against Women, the Act on the Prevention of Domestic Violence and Protection, etc. of Victims, the Sexual Violence Prevention and Victims Protection Act, and the Act on the Prevention of Commercial Sex Acts and Protection, etc. of Victims. <Amended by Ordinance No. 7048, Mar. 28, 2019>
Article 4 (Establishment of Cooperation System between relevant Agencies) The Mayor shall established the cooperation system between the relevant agencies such as facilities, medical institutes, educational institutions, law institutes, and investigation agencies related to support on victims of violence against women for effective prevention of violence against women and protection and treatment of victims.	Article 4 (Establishment of Cooperation System between Relevant Agencies) The Mayor shall establish the cooperation system between the relevant agencies, such as facilities, medical institutes, educational institutions, law institutes, and investigation agencies related to support for victims of violence against women for the effective prevention of violence against women and the protection and treatment of victims.
CHAPTER II ESTABLISHMENT AND OPERATION OF REGIONAL SOLIDARITY Article 5 (Establishment of Regional Solidarity) The Seoul Metropolitan Government Children and Women Protection Regional Solidarity (hereinafter referred to as “regional solidarity”) shall be established and operated so as to promote the policies for prevention and protection of violence against women and protection of victims, and meet the complex needs of victims in voluntary participation of regional residents.	CHAPTER II ESTABLISHMENT AND OPERATION OF THE REGIONAL SOLIDARITY Article 5 (Establishment of the Regional Solidarity) The Seoul Metropolitan Government Children and Women Protection Regional Solidarity (hereinafter referred to as the "Regional Solidarity") shall be established and operated so as to promote the policies for prevention and protection of violence against women and protection of victims and to meet the complex needs of victims through voluntary participation of regional residents.
Article 6 (Organization of Regional Solidarity) (1) Regional solidarity shall be composed of less than 20 persons including a chairperson, and the Vice Mayor of Administration Division I shall be the chairperson: Provided, That the Section Chief of Women and Family Polices may be delegated if there is an unavoidable reason. A co-chairperson may be assigned, who is elected by and from among civilian members. <Amended by Ordinance No. 5272, Mar. 15, 2012> (2) A vice chairperson may be assigned to assist the chairperson, and the vice chairperson shall be elected by and from among members. (3) Members shall be appointed by the Mayor from among the following representatives related to the protection of women and persons delegated by the representative; 1. Seoul Metropolitan Council; 2. Agencies or facilities related to prevention of violence against women and protection of victims; 3. Emergency rescue services or medical institutions for first aids and cure of violence against women; 4. Educational institutions such as elementary, middle and high schools, and office of education agencies; 5. Agencies related to police and justice such as police, prosecution, courts, Korea Legal Aid Corporation, and probation office. 6. Other agencies and facilities having knowledge and experience for violence against women, which the Mayor deems necessary therefor. (4) The term of office of an elected member shall be two years and may be renewed consecutively: Provided, That the term of office of a new member commissioned to fill a vacancy shall correspond to the remaining term of office of his/her predecessor. (5) Regional solidarity may organize and operate a subcommittee if necessary.	Article 6 (Organization of the Regional Solidarity) (1) The Regional Solidarity shall be composed of less than 20 persons including one chairperson, and the Vice-Mayor I for Administrative Affairs shall serve as the chairperson: Provided, That the Deputy Mayor of Women and Family Policy Affairs Office may be delegated if there is an unavoidable reason. One person who is elected by and from among civilian members may serve as a co-chairperson. <Amended by Ordinance No. 5272, Mar. 15, 2012> (2) One vice chairperson may be assigned to assist the chairperson, and the vice chairperson shall be elected by and from among members. (3) Members shall be appointed by the Mayor from among the following representatives related to the protection of women and persons delegated by the representatives: 1. The Seoul Metropolitan Council; 2. Agencies or facilities related to the prevention of violence against women and protection of victims; 3. Emergency rescue services or medical institutions for first aids and cure of violence against women; 4. Educational institutions, such as elementary, middle and high schools, and the Office of Education; 5. Agencies related to police and justice, such as police, prosecution, courts, Korea Legal Aid Corporation, and probation office; 6. Other agencies and facilities having knowledge and experience in violence against women, which the Mayor deems necessary. (4) The term of office of an elected member shall be two years and may be renewed consecutively: Provided, That the term of office of a member for filling a vacancy shall correspond to the remaining term of office of his or her predecessor. (5) The Regional Solidarity may organize and operate a subcommittee, if necessary.
Article 7 (Functions of Regional Solidarity) The regional solidarity shall implement the following functions: 1. Matters concerning establishment and examination of a plan on prevention of violence against women and protection of victims; 2. Matters concerning share of information between service centers related to protection of women and establishment of cooperation system thereof; 3. Matters concerning promotion to residents and campaign for protection of women in the region; 4. Matters concerning emergency rescues and collaborative response when accidents occur; 5. Matters concerning various projects for establishment of regional safety net such as securement of safety of women; 6. Matters concerning support of healthcare, etc. for victims; 7. Other matters submitted by the chairperson, deemed necessary therefor.	Article 7 (Functions of the Regional Solidarity) The Regional Solidarity shall perform the following functions: 1. Matters concerning the establishment and examination of a plan on prevention of violence against women and protection of victims; 2. Matters concerning information sharing between service centers related to protection of women and the establishment of cooperation system thereof; 3. Matters concerning promotion to residents and campaign for protection of women in the region; 4. Matters concerning emergency rescues and collaborative response when accidents occur; 5. Matters concerning various projects for establishment of the regional safety net, such as securement of safety of women; 6. Matters concerning support of healthcare, etc. for victims; 7. Other matters submitted by the chairperson as deemed necessary.
Article 8 (Duties of Chairperson) (1) The chairperson shall represent the regional solidarity and administer all business affairs thereof. (2) The vice chairperson shall assist the chairperson and shall act on behalf of the chairperson, if the chairperson is unable to perform his/her duties due to an unavoidable cause or event.	Article 8 (Duties of Chairperson) (1) The chairperson shall represent the Regional Solidarity and have general supervision and control of its affairs. (2) The vice chairperson shall assist the chairperson and shall act on behalf of the chairperson, if the chairperson is unable to perform his or her duties due to any unavoidable cause.
Article 9 (Meetings) Meetings of regional solidarity shall be held not less than four times per year (once by quarter), and when the chairperson deems necessary therefor or more than one third of members request. <Amended by Ordinance No. 5795, Jan. 2, 2015>	Article 9 (Meetings) Meetings of the Regional Solidarity shall be held not less than four times per year (once by quarter) when the chairperson deems a meeting necessary or upon request of at least 1/3 of the members. <Amended by Ordinance No. 5795, Jan. 2, 2015>
Article 10 (Executive Secretary) (1) An executive secretary shall be assigned therein for treatment of affairs of regional solidarity. (2) The executive secretary shall be an official in charge of policies for women, who is responsible for prevention of violence of women and protection operation. (3) The executive secretary shall process the affairs of regional solidarity upon receipt of the chairperson’s request, and prepare and keep minutes. <Amended by Ordinance No. 5795, Jan. 2, 2015>	Article 10 (Executive Secretary) (1) The Regional Solidarity shall have one executive secretary to perform its administrative affairs. (2) The executive secretary shall be the Director of Women's Policy Division, who is responsible for prevention of violence against women and protection. (3) The executive secretary shall perform the affairs of the Regional Solidarity upon receipt of the request by the chairperson, and prepare and keep minutes. <Amended by Ordinance No. 5795, Jan. 2, 2015>
Article 11 (Allowances of Members) Allowances may be paid to members who attend a meeting of regional solidarity within the budget: Provided, That this shall not apply when a public official attends a meeting in direct connection with his/her duties. CHAPTERS III ESTABLISHMENT AND SUPPORT, ETC. OF IMPLEMENTATION PLAN	Article 11 (Allowances of Members) Allowances may be paid to members who attend a meeting of the Regional Solidarity within the budget: Provided, That this shall not apply when a public official attends a meeting in direct connection with his or her duties. CHAPTERS III ESTABLISHMENT OF AND SUPPORT FOR IMPLEMENTATION PLAN
Article 12 (Establishment of Implementation Plans) (1) While the Mayor establishes the Seoul Metropolitan Government Protection Implementation Plan on Prevention of Violence against Women and Protection of Victims concerning prevention and protection of violence against women and protection of victims (hereinafter referred to as “implementation plan”) every year, the implementation plan shall include the followings: 1. Policies necessary for prevention and protection of violence against women and protection of victims; 2. Matters concerning prevention education of violence against women and promotion thereof; 3. Matters concerning establishment of cooperation system for prevention of violence against women and protection of victims; 4. Matters concerning expansion of facilities and equipment for prevention of violence against women and protection of victims; 5. Other matters for which the Mayor deems necessary related to prevention and protection of violence against women and protection of victims. (2) The implementation plan shall be reported to regional solidarity, and the Mayor shall be consulted thereby. (3) The Mayor may request cooperation to public institutions, other corporations and organizations when necessary for establishment and enforcement of implementation plan.	Article 12 (Establishment of Implementation Plans) (1) The Mayor shall establish the Seoul Metropolitan Government's implementation plan on the prevention of violence against women and the protection of victims concerning prevention and protection of violence against women and protection of victims (hereinafter referred to as "implementation plan") every year, and the implementation plan shall include the following: 1. Policies necessary for prevention and protection of violence against women and protection of victims; 2. Matters concerning prevention education of violence against women and promotion thereof; 3. Matters concerning establishment of the cooperation system for prevention of violence against women and protection of victims; 4. Matters concerning expansion of facilities and equipment for prevention of violence against women and protection of victims; 5. Other matters which the Mayor deems necessary related to prevention and protection of violence against women and protection of victims. (2) The implementation plan shall be reported to the Regional Solidarity, and the Mayor shall be consulted thereby. <Amended by Ordinance No. 6386, Jan. 5, 2017> (3) The Mayor may request cooperation from public institutions, other corporations and organizations when necessary for establishment and implementation of the implementation plan.
Article 13 (Support of Expenses) The Mayor may support expenses necessary for prevention of violence against women and protection of the victims in the range of budget to relevant institutions and facilities.	Article 13 (Support of Business Expenses) The Mayor may subsidize relevant institutions and facilities for business expenses necessary for prevention of violence against women and protection of the victims within budgetary limits. <Amended by Ordinance No. 6386, Jan. 5, 2017>
Article 14 (Investigation of Situation of Violence against Women) (1) The Mayor shall perform investigation of situation of violence against women so as to understand the situation of violence against women and utilize it in establishment of policies for prevention and protection of violence against women every three years, and shall announce the results. (2) The Mayor may perform investigation of situation of violence against women in request of research institutions, corporations, or organizations having specialties, human resources and equipment concerning investigation of situation of violence of women. (3) The investigation details of situation of violence against women shall include the followings: 1. Matters concerning general properties such as gender, age, education, martial status, and employment status; 2. Matters concerning causes of occurrence, types of occurrence, and types of occurrence, etc. of violence against women; 3. Other matters for which the Mayor deems necessary concerning violence against women. (4) The details and results of investigation of situation shall be reported to the regional solidarity, and the investigation results of situation shall be reflected to establishment of policies.	Article 14 (Fact-Finding Surveys of Violence against Women) (1) The Mayor shall conduct a fact-finding survey on violence against women every three years and announce the results so as to understand the actual state of violence against women and utilize it in the establishment of policies for prevention and protection of violence against women. (2) The Mayor may request research institutions, corporations, or organizations having expertise, human resources and equipment concerning a fact-finding survey on violence against women to conduct such survey. (3) The details of a fact-finding survey on violence against women shall include the following: 1. Matters concerning general properties, such as gender, age, education, martial status, and employment status; 2. Matters concerning causes of occurrence, types of occurrence, types of occurrence, etc. of violence against women; 3. Other matters which the Mayor deems necessary concerning violence against women. (4) The details and results of a fact-finding survey shall be reported to the Regional Solidarity, and the results of the fact-finding survey shall be reflected in the establishment of policies.
Article 15 (Prevention Education) (1) The Mayor shall conduct education for prevention of violence against women in accordance of relevant statutes more than once a year. <Amended by Ordinance No. 5795, Jan. 2, 2015> (2) Where it is difficult to conduct the education under paragraph (1), the Mayor may request the head of a relevant agency for education. (3) An education plan shall include the followings: 1. Matters concerning situation and prevention of violence against women; 2. Relevant statutes on violence against women. (4) The Mayor may foster and support lecturers for prevention education on violence against women, and the results related to education shall be reflected when the plan of following year is established. <Amended by Ordinance No. 5795, Jan. 2, 2015>	Article 15 (Prevention Education) (1) The Mayor shall conduct education for prevention of violence against women in accordance of the relevant statutes or regulations at least once a year. <Amended by Ordinance No. 5795, Jan. 2, 2015; Ordinance No. 6386, Jan. 5, 2017> (2) Where it is difficult to conduct the education under paragraph (1), the Mayor may request the head of a relevant agency to conduct education. <Amended by Ordinance No. 6386, Jan. 5, 2017> (3) An education plan shall include the following: 1. Matters concerning the actual state and prevention of violence against women; 2. Relevant statutes and regulations on violence against women. (4) The Mayor may foster and support lecturers for prevention education on violence against women, and the results related to education shall be reflected in establishing a plan of the following year. <Amended by Ordinance No. 5795, Jan. 2, 2015>
Article 16 (Monitoring of Policies for Women) The Mayor shall monitor once a year for implementation and evaluation on relevant statues, policies and projects for prevention of violence against women, and report the results to the regional solidarity, then he/she may prepare the measuring procedures. <Amended by Ordinance No. 5795, Jan. 2, 2015>	Article 16 (Monitoring of Policies for Women) The Mayor shall monitor once a year for implementation and evaluation on relevant statues and regulations, policies and projects for the prevention of violence against women, and may report the results to the Regional Solidarity and prepare the processing procedures. <Amended by Ordinance No. 5795, Jan. 2, 2015>
Article 17 (Provision of Relevant Information) (1) The Mayor shall keep support manuals and guidance materials on violence victims against women for prevention of violence against women and support of victims, and also provide those to police stations, fire stations, medical institutions, schools, community service centers, welfare centers, and related business places. <Amended by Ordinance No. 5795, Jan. 2, 2015> (2) Citizens of the Seoul Metropolitan Government may request information related to prevention and protection of violence against women and protection of victims if necessary on the basis of the Seoul Metropolitan Government Ordinance on Disclosure of Administration Information for Open City Administration.	Article 17 (Provision of Relevant Information) (1) The Mayor shall keep support manuals and guidance materials on victims of violence against women for prevention of violence against women and support of victims, and shall also provide them to police stations, fire stations, medical institutions, schools, community service centers, welfare centers, related business places, etc. <Amended by Ordinance No. 5795, Jan. 2, 2015> (2) Citizens of Seoul may request information related to prevention and protection of violence against women and protection of victims, if necessary, on the basis of the Seoul Metropolitan Government Ordinance on Disclosure of Administration Information for Open City Administration.
Article 18 (Enforcement Rules) Necessary matters concerning the enforcement of this Ordinance shall be prescribed by rule.	Article 18 (Enforcement Rules) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Metropolitan Government.
	ADDENDUM This Ordinance shall enter into force on the date of its promulgation. ADDENDA <Ordinance No. 5272, Mar. 15, 2012> Article 1 (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. Article 2 Omitted. ADDENDUM <Ordinance No. 5795, Jan. 2, 2015> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 6386, Jan. 5, 2017> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 7048, Mar. 28, 2019> This Ordinance shall enter into force on December 25, 2019.