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
Amendment of Other Laws No. 8530, Dec. 30, 2022 | Amendment of Other Laws No. 8862, Jul. 24, 2023 |
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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 mandated by the Public Property and Commodity Management Act and the Enforcement Decree thereof and for those necessary for the enforcement thereof.
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Article 1-2 (Relationship to Other Ordinances of Seoul Metropolitan Government)
This Ordinance shall apply to the management and disposal of public property and commodities, except as otherwise provided in other Ordinances of the Seoul Metropolitan Government.
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Article 2 (Responsibility for Management)
(1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall efficiently administer and manage all public property and commodities thereof.
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Article 3 (Delegation of Management Affairs)
(1) The Mayor may delegate the management of Seoul Metropolitan Government-owned property and commodities to the head of an autonomous Gu (hereinafter referred to as "head of a Gu"), the Secretary-General of the Seoul Metropolitan Council and the heads of offices under the jurisdiction of the Seoul Metropolitan Government pursuant to Article 14 of the Public Property and Commodity Management Act (hereinafter referred to as the "Act"). <Amended on Jul. 13, 2017>
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CHAPTER II COMMON PROVISIONS ON PUBLIC PROPERTY
Article 3-2 (Entrustment of Management and Disposal of General Property)
Notwithstanding Article 3 (2), where the Mayor deems necessary for the efficient management and disposal, the Mayor may entrust a person falling under any subparagraph 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 property. In such cases, delegation pursuant to Article 3 (2) shall be deemed withdrawn. <Amended on Jul. 13, 2017>
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Article 4 (Composition and Operation of Public Property Deliberative Council)
(1) The qualification requirements for civilian members of the Public Property Deliberative Council pursuant to Article 7-2 (1) 3 of the Decree (hereinafter referred to as the "Deliberative Council") shall be as follows. One particular sex shall not exceed 6/10 of the Council members: <Amended on Sep. 29, 2011; Jan. 7, 2016; Jul. 13, 2017; Oct. 17, 2022>
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Article 4-2 (Functions of Public Property Deliberative Council)
(1) The Deliberative Council shall deliberate on each of the following matters in accordance with Article 16 of the Act: <Amended by Ordinance No. 8462, Oct. 17, 2022>
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Article 5 (Public Property Management Register)
A property management officer pursuant to Article 49 of the Decree shall prepare and maintain a public property management register including matters relating to the acquisition, management and disposal of public property according to attached Form, which may be replaced by an electronic file. Methods for the preparation thereof shall be prescribed by rule of the Seoul Metropolitan Government.
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Article 6 (Increase, Decrease, and Current Conditions of Property)
Pursuant to Article 92 of the Act and Article 52 of the Decree, matters regarding the increase, decrease and current conditions of public property; the increase, decrease and present value of major commodities; and other significant matters for financial operations shall be disclosed to residents at least once each fiscal year; and matters necessary for the form for providing such disclosure shall be prescribed by rule of the Seoul Metropolitan Government. <Amended on May 16, 2019>
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Article 7 (Investigation of Actual Conditions)
(1) A property management officer shall investigate the actual conditions of public property at least once every year pursuant to Article 44 (2) of the Act for the management of such property. <Amended on Jul. 13, 2017>
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Article 8 (Aggregation of Property)
Dispersed property the management of which is inefficient shall be disposed of unless necessary or shall be aggregated to the furthest extent 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.
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Article 10 (Use of Proceeds from Sale)
The Mayor, where there is a sale of any public property, shall endeavor to appropriate the proceeds from such sale for the acquisition, purchase, etc. of another new public property equivalent to the sale of the public property.
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CHAPTER III ACQUISITION AND DISPOSAL OF PUBLIC PROPERTY
Article 11 (Public Property Management Plan)
Article 11 (Public Property Management Plan) (2) Public property management plan shall be formulated for the following properties pursuant to Article 7 (1) of the Decree: <Amended on Oct. 17, 2022>
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Article 12 (Acquisition and Management of Property not in accordance with Public Property Management Plan)
(1) The head of the competent division shall consult with the officer responsible for the overall property management in advance where any property which is to be acquired (acquired upon payment of compensation) for any project (construction of roads, rivers, etc.) implemented in contravention with a public property management plan but is in accordance with other statutes or regulations.
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Article 13 (Preparation of the Public Property Management Plan)
Methods for the preparation of a public property management plan pursuant to Article 11 shall be prescribed by rule of the Seoul Metropolitan Government.
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Article 14 (Principles of Acceptance of Donation)
(1) Where donated property for the use as administrative property is accepted such donated property shall be appropriate for administrative purposes.
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Article 15 (Property Subject to Permission for Free Use)
(1) Where there is acceptance of a donation of a building or any other facility constructed on a land which is public property, permission for free use or profit-making shall be limited to the property of which the donation is accepted and permission for paid use shall be granted for such land. <Amended on Jul. 13, 2017>
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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 with approval by the Mayor. <Amended on Jul. 13, 2017>
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CHAPTER IV ADMINISTRATION PROPERTY
Article 17 (Management)
A property management officer shall thoroughly maintain and repair administrative property managed by such officer and improve the environment to meet the administrative needs.
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Article 18 (Restrictions on Permission to Use or Profit from Property)
(1) Where there is an intention to grant permission to use administration property, the purpose of such use shall be carefully examined. <Amended on Jul. 13, 2017>
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Article 18-2 (Organizations Eligible to Use or Profit from Property through Private Contract)
An institution or organization shall be eligible to obtain permission to use or profit from property through a private contract pursuant to Article 13 (3) 18 of the Decree where such institution or organization falls under any of the following: <Amended on Jan. 7, 2016>
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Article 19 (Permission to Use or Profit from Property)
When granting permission to use or profit from administrative property the following matters shall be specified: <Amended on Jul. 13, 2017>
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Article 20 (Keeping of Register of Permits for Use of and Profit from Property)
A property management officer shall never fail to retain and maintain and make an entry in a register of permits for the use of and profit from administrative property. Such register may be replaced by an electronic file. <Amended on Jul. 13, 2017>
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Article 21 (Entrustment of Management of Administration Property)
(1) If a property management officer entrusts the management of administrative property pursuant to Article 27 (1) of the Act, such officer shall include the scope of property eligible for permission to use or make profit, the period of permission, an annual user fee, methods of payment thereof, etc. pursuant to Article 27 (4) and (5) of the Act and Articles 19 and 21 of the Decree in an entrustment contract. <Amended on Jul. 28, 2011; Jan. 7, 2016>
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Article 22 (Application Mutatis Mutandis of Lease of General Property)
Articles 23 through 35 shall apply mutatis mutandis to the rate of user fees of administrative property, permission for temporary use, the appraisal of security deposits and other matters concerning permission to use or profit from administrative property; and Article 36-2 shall apply mutatis mutandis to cases where it is difficult to pay the exchange difference in a lump sum. <Amended on Mar. 23, 2017>
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SECTION 1 Lease
Article 23 (Collection of Rent for Leased Property and Measures for Recovery)
(1) Where property which is leased and is not used for the purposes of such lease, or the value of which is deemed to have 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 undertaken. <Amended on Jul. 13, 2017>
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Article 24 (Scope of Foreign-Invested Enterprises)
Foreign-invested enterprise or foreign investment environment improvement facility operator (hereinafter referred to as "foreign-invested enterprise, etc.") in this Ordinance means any enterprise, etc. defined in Article 2 (1) 6 and 7 of the Foreign Investment Promotion Act or Article 2 (9) of the Enforcement Decree of the same Act. <Amended on Jan. 7, 2016; Dec. 31, 2020>
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Article 25 (Public Property Subject to Lease or Sale to Foreign-Invested Enterprise)
Public property which may be leased or sold to a foreign-invested enterprise, etc. pursuant to Article 24 shall be as follows: <Amended on Jul. 28, 2011>
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Article 26 (Rate of Rent)
(1) Except as otherwise provided in this Ordinance or other Ordinances of the Seoul Metropolitan Government, the rate of annual rent pursuant to Article 31 of the Decree shall be at least 50/1,000 of the appraised value of the relevant property; and if a public forest, etc. 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 be collected in addition to rent: Provided, That where a crisis alert at serious level is issued under Article 38 (2) of the Framework Act on the Management of Disasters and Safety due to the spread of an infectious disease under the Infectious Disease Control and Prevention Act, the head of a local government or a property manager may determine the agreed rate of rent to be at least 10/1,000 of the appraised value of the relevant property. <Amended on Mar. 24, 2016; Mar. 26, 2020>
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Article 27 Deleted. lt;Oct. 1, 2007gt; |
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Article 28 (Quarrying Fees)
(1) For land leased for quarrying pursuant to Article 26 (1) quarrying fees shall be collected of which shall be at least 50/1,000 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 on Jul. 13, 2017>
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Article 29 (Standards for Calculation of Rent for Building)
(1) To calculate the rent for a building the appraised value thereof shall be determined by adding the appraised value of the building and that of the site. <Amended on Jul. 13, 2017>
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Article 30 (Reduction of or Exemption from Rent)
(1) Where any public property is leased to a foreign-invested enterprise for business purposes pursuant to Article 13-2 (3) of the Foreign Investment Promotion Act and Article 19 (13) of the Enforcement Decree, the rate of reduction of or exemption from rent shall be as follows: <Amended on Jul. 28, 2011; Jan. 2, 2015; Dec. 31, 2020>
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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 pursuant to Article 31 (4) of the Decree shall be as follows:
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Article 32 (Special Cases concerning Rent)
(1) Where rent is increased by at least 5/100 for the relevant lease period compared to the preceding year (In the case of applying a rate temporarily reduced in accordance with the proviso to Article 31 (1) of the Decree, referring to the annual rent before the change) pursuant to Article 34 of the Decree, 70/100 shall be the rate of reduction to be reduced and adjusted on the increased portion exceeding 5/100 among the increased portion thereof. <Amended on Jan. 2, 2015; Jan. 7, 2016; May 20, 2021>
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Article 33 (Payment Deadline of Rental Fees) (2) Where rent exceeding one million won is paid in installments pursuant to Article 32 (2) of the Decree shall be as follows: <Amended on Jul. 28, 2011; Oct. 17, 2022>
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Article 33-2 (Interest Rates on Payment of Rent in Installments)
(1) Where rent is paid in installments pursuant to Article 32 (2) of the Decree, an interest rate on rent shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended on Mar. 23, 2017; Mar. 22, 2018>
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Article 34 (Keeping of Lease Register)
(1) A property management officer shall constantly maintain a lease register of property which may be replaced by an electronic file. <Amended on Jul. 13, 2017>
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Article 35 (Lease Agreement)
Where a lease agreement is concluded, the written lease agreement shall be prepared and retained to manage property thoroughly.
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SECTION 2 Sale
Article 36 (Payment of Price for Sale in Installments)
(1) The Mayor may permit a person who purchases property to pay the price of general property sold in installments plus interest on the remainder of such price at the rate determined and publicly notified by the Minister of the Interior and Safety within 10 years pursuant to Article 39 (1) of the Decree, where any of the following are satisfied: <Amended on Mar. 15, 2012; Oct. 4, 2013; Jan. 7, 2016; Mar. 23, 2017; Mar. 22, 2018; Jul. 19, 2018>
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Article 36-2 (Payment of Exchange Difference in Installments)
The Mayor may permit 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 for the direct use of public purposes or for public service in installments for the remainder of the exchange difference and interest at the rate determined and publicly notified by the Minister of the Interior and Safety within a period of five years. <Amended on Mar. 15, 2012; Jan. 9, 2014; Mar. 23, 2017; Mar. 22, 2018>
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Article 37 (Sale at Cost)
The property which may be sold at cost pursuant to Article 42 of the Decree shall be as follows and such cost shall consist of labor cost, land purchase expenses (including all compensation), and investment and development expenses (including construction expenses, if there is a building): <Amended on Jul. 28, 2011; Mar. 23, 2017>
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Article 38 (Property Which May Be Sold by Free Contract)
Any property may be sold by a free contract pursuant to Article 38 (1) 23 of the Decree for the following cases: <Amended on Oct. 4, 2013; Jan. 9, 2014; Jan. 5, 2017; Mar. 23, 2017; Jul. 13, 2017; Jan. 4, 2018>
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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, implements or authorizes a rearrangement project, prepares or authorizes an implementation 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 Improvement of Urban Areas and Residential Environments, the Urban Development Act, etc., such head shall manage 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.
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SECTION 3 Trust, Trust Management, and Development
Article 39 (Category of Trust)
Where general property is in a trust pursuant to Article 48 of the Decree, such general property 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).
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Article 39-2 (Trusted Institution Selection Examination Committee)
A Trusted Institution Selection Examination Committee of the Seoul Metropolitan Government (hereinafter referred to as the "Examination Committee") shall be established to select a trusted institution of the Seoul Metropolitan Government-owned general property pursuant to Article 48-2 of the Decree.
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Article 39-3 (Dismissal of Members)
The Mayor may dismiss a member who falls under any of the following subparagraphs:
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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 trees capable of yielding profit which shall contribute to the financial soundness of the Seoul Metropolitan Government.
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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; and such disposal shall require careful examination of economic feasibility, future availability, etc. <Amended on Jul. 13, 2017>
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Article 42 Deleted. <Oct. 1, 2007>
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CHAPTER VII MANAGEMENT OF OFFICE BUILDINGS
Article 43 (Formulation of Plan for Maintenance of Office Buildings)
(1) The Mayor, for the construction of a building of the Seoul Metropolitan Government or its affiliate office, shall examine in advance whether 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.
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Article 44 (Site for Office Buildings)
The area of the site for an office building shall be at least three times the total floor space thereof: Provided, That when it is difficult to do so, at least the building coverage ratio pursuant to the Building Act may be permitted in consideration of regional circumstances. <Amended on Jan. 5, 2017>
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Article 45 (Design of Office Buildings)
(1) The construction of an office building shall be designed in accordance with the Criteria for Standard Design Area of Local Government Buildings in attached Table 1 and such design shall conform with the following: <Amended on May 16, 2019; Mar. 25, 2021>
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Article 46 (Deliberation by Building Committee of the Seoul Metropolitan Government)
The Building Committee for the construction of an office building shall deliberate on such construction in accordance with the Seoul Metropolitan Government Ordinance on Building. <Amended on Jul. 13, 2017>
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Article 47 (Integration of Office Buildings)
(1) The Building Committee for construction of office buildings shall be integrated to such an extent as the relevant budget permits. <Amended on Jul. 13, 2017>
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CHAPTER VIII MANAGEMENT OF OFFICIAL RESIDENCES
Article 48 (Definition)
The term "official residence" in this Chapter means any official house which is owned for the use of the Mayor, Vice-Mayors, or other public officials employed by the Seoul Metropolitan Government.
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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 be permitted by the Mayor upon application: Provided, That the use of a Grade I or II official residence shall not require such permission. <Amended on Jan. 5, 2017>
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Article 51 (Responsibility for Use)
Any public official who uses an official residence (hereinafter referred to as "user") shall manage such residence in good faith as follows:
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Article 52 (Keeping of Official Residence Management Registers)
To manage official residences the respective specific management numbers and public officials who are permitted to use such residences shall be determined and an official residence management registers shall be maintained and retained. <Amended on Jul. 13, 2017>
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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 be borne by the user thereof: Provided, That the following expenses may be reimbursed from the relevant budget: <Amended on Jan. 5, 2017>
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Article 55 (Exemption from User Fees)
An official residence pursuant to Article 49 may be exempted from the total amount of the user fees in any of the following cases:
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Article 56 (Management of Equipment)
A commodity operation officer managing an official residence 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 pursuant to Article 54 in such register. <Amended on Jan. 7, 2016; Jul. 13, 2017>
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Article 57 (Vacate and Takeover)
(1) Where permission to use an official residence is revoked pursuant to Article 53, the user shall vacate the official residence no later than the date fixed by the Mayor.
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Article 58 (Compensation Measures)
Where the user destroys or damages facilities of an official residence through negligence or loses or damages equipment therefor (including fittings, installations and commodities) purchased from the relevant budget in the course of use of the official residence, such user shall provide compensation therefor.
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Article 59 (Application Mutatis Mutandis)
Articles 48 through 58 shall apply mutatis mutandis to leased official residences subject to a debt-claim.
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CHAPTER IX COMMON PROVISIONS ON COMMODITIES
Article 60 (Classification of Commodities)
The classification of commodities according to the type and condition thereof shall be as specified in attached Table 2.
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Article 61 (Arrangement Categories of Commodities)
The arrangement categories of commodities shall be as specified in attached Table 3.
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Article 62 (Year Categories)
(1) For commodities the fiscal year shall begin on January 1 and end on December 31 of each year.
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Article 63 (Request for Purchase of Commodities)
The head of the division responsible shall submit a request for the purchase (repair or production) of commodities prescribed by rule of the Seoul Metropolitan Government to a commodity receipt and delivery officer where necessary to purchase, repair or produce commodities and such commodity receipt and delivery officer shall submit that request to an accountant.
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Article 64 (Examination of Request for Purchase of Commodities)
(1) Where the head of the division responsible requests the purchase of commodities pursuant to Article 63, a commodity management officer shall have the commodities purchased after examining whether such commodities are within the determined allocated limits and are reflected in a plan for the management of the supply and demand of commodities pursuant to Articles 57 and 58 of the Decree.
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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.
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Article 66 (Acceptance of Contributions)
(1) The head of the division responsible who receives a report of contribution or gift of commodities shall, after prior consultation with a commodity management officer, submit such report for deliberation by the Contributions Deliberation Committee.
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CHAPTER X RECEIPT AND DELIVERY
Article 67 (Change in Classification)
If a commodity management officer decides to amend the types or categories of commodities, notification shall be provided to 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 on Jan. 7, 2016; Mar. 25, 2021>
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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) Where a commodity management officer intends to sell any of the following commodities, forest products, livestock products or other products, such commodity management office shall decide on the disuse thereof by a disuse decision notification prescribed by rule of the Seoul Metropolitan Government: <Amended on Jul. 13, 2017>
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Article 72 (Sale of Disused Commodities)
(1) A report on the disposal of disused commodities by sale shall be prepared with respect to commodities the disuse of which is decided upon pursuant to Article 71 for which such disused commodities shall be disposed of by sale except as provided for in any of the following:
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Article 72-2(Transfer of Disused Commodities) (1) Transfer of disused commodities shall be in accordance with Article 78 of the Act and Article 79 of the Decree.
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Article 73 (Discard of Disused Commodities)
(1) A commodity management officer 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 rule of the Seoul Metropolitan Government.
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CHAPTER XI CUSTODY
Article 74 (Category of Custody)
(1) For the custody of commodities, categorization shall be two types: commodities in stock and official commodities.
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Article 75 (Responsibility for Custody)
A commodity receipt and delivery officer or assistant commodity receipt and delivery officer and a commodity receipt and delivery officer, assistant commodity receipt and delivery officer or head of the division responsible shall be responsible for the custody of commodities in stock and joint-use commodities, respectively, and exclusive-use commodities shall be in the custody of a person who exclusively uses those commodities under the direction and supervision of the head of the division responsible.[This Article Wholly Amended on May 28, 2009]
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Article 76 (Temporary Custody)
(1) A commodity receipt and delivery officer or the head of the division responsible may have depositories or other credible persons temporarily provide custody for such commodities with approval from the head of the organ to which such commodity receipt and delivery officer or the head of the division responsible where deemed particularly necessary for the custody of commodities. <Amended on Dec. 31, 2019>
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Article 77 (Report on Loss of or Damage to Commodities)
(1) In cases of loss or damage of commodities in the custody, the head of the division responsible or an assistant commodity receipt and delivery officer shall immediately prepare a report including the reasons for such loss or damage and submit such report to a commodity receipt and delivery officer.
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Article 78 (Liability of Commodity Custodian for Reimbursement)
(1) Where the Mayor receives a report pursuant to Article 77, any person responsible for custody shall be ordered to reimburse by a fixed deadline according to the following classification: <Amended on Jan. 5, 2017>
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CHAPTER XII BOOKS
Article 79 (Books of Commodity Receipt and Delivery Officers)
(1) A commodity receipt and delivery officer shall maintain and retain the following books in the form prescribed by rule of the Seoul Metropolitan Government: <Amended on Jul. 13, 2017>
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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 such former books shall be clearly classified by year. <Amended on Jan. 5, 2017>
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Article 81 (Retainment of Evidentiary Documents and Books)
A commodity management officer, a commodity receipt and delivery officer, the head of the division responsible or an assistant commodity receipt and delivery officer shall retain evidentiary documents and books under his or her authority for five years.
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Article 82 (Inspection of Commodity Management Duties)
(1) An inspection of the management of commodities pursuant to Article 90 of the Decree shall be conducted by a commodity management officer.
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Article 83 (Inspection of Commodities or Designation and Presence of Inspectors)
(1) In conducting any inspection pursuant to Article 82, where a commodity receipt and delivery officer is unable to undergo an inspection due to unavoidable circumstances, an inspector shall have a designated staff member attend the inspection. <Amended on Mar. 25, 2021>
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Article 84 (Commodity Inspection Certificates)
(1) Where an inspector conducts any inspection pursuant to Article 82 or 83 (1), two commodity inspection certificates in the form prescribed by rule of the Seoul Metropolitan Government shall be prepared and one certificate shall be issued to the commodity receipt and delivery officer in question or the attending person and the other certificate shall be submitted to the Mayor or the head of the organ to which the inspector is employed. <Amended on Mar. 25, 2021>
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Article 85 (Transfer of Commodity Receipt and Delivery Duties)
Where a public official responsible for the management of commodities is replaced, the duties shall transferred to the successor within five days after such replacement is officially announced.
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Article 86 (Transfer by Other Staff Member)
Where a public official responsible for the management of commodities is unable to transfer the duties due to death or any other accident, the Mayor or the head of the organ to which such public official is employed shall assign a person designated by the Mayor or head from among the staff members under the supervision of such Mayor or head to perform transfer duties pursuant to Article 85.
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Article 87 (Procedures for Transfer)
A commodity receipt and delivery register for a transfer pursuant to Article 85 or 86 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.
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Article 88 (Transfer of Duties Arising out of Reorganization)
The head of the division in charge which belongs to an organ to be restructured or dissolved shall formulate a plan for the disposal of commodities under his or her jurisdiction and submit it to the officer who has overall responsibility of commodity management at least thirty days prior to such restructuring or dissolution and shall transfer commodities subject to disposal to a commodity receipt and delivery officer at least five days prior thereto.
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CHAPTER XIII SUPPLEMENTARY PROVISIONS
Article 89 (Imposition of Indemnity)
(1) A person occupying the public property in question and where there is intention that any indemnity pursuant to Article 81 (1) of the Decree shall be imposed and collected shall be given notice of such imposition and collection in the form prescribed by rule of the Seoul Metropolitan Government in advance. <Amended on Jul. 13, 2017>
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Article 90 (Payment of Indemnity in Installments)
(1) The payment of an indemnity in installments pursuant to Article 81 (1) of the Decree shall be as follows: <Amended on Jul. 28, 2011>
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Article 90-2 (Special Cases concerning Collection of Indemnity)
(1) The collection deferment period of an indemnity pursuant to Article 81 (4) of the Decree shall be one year. <Amended on Jan. 7, 2016>
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Article 91 (Payment of Reward for Reporting on Concealed Property)
(1) The reward rate and maximum amount for each type of concealed property, etc. pursuant to Article 84 (2) of the Decree shall be as follows: Provided, that the total reward shall not exceed 30 million won:
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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 overpaid or erroneously paid money pursuant to Article 82 of the Decree shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended on Mar. 23, 2017; Mar. 22, 2018; Mar. 22, 2018>
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Article 92 (Application for Combination of Lots)
Where there is any land or forest land the combination of lots of which is possible among public property under the jurisdiction of the Mayor, such Mayor shall, without delay, apply for the combination to the head of the competent Si/Gun/Gu.
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Article 93 (Subdivision of Public Land into Lots)
Where there is any public land capable of being subdivided into lots by owned shares among public property under the jurisdiction of the Mayor, such Mayor may subdivide that land into lots in consideration of the form and use frequency of such land. For subdivision of land, the land 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 an appraisal business entity established under the Act on Appraisal and Certified Appraisers. <Amended on Jan. 7, 2016; Jul. 13, 2017>
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Criteria for Standard Design Area of Local Government Buildings |
Same as left |
Classification of Commodities According to Type and Condition |
Same as left |
Classification Standards for Register of Receipt and Delivery of Commodities |
Same as left |
Public Property Management Register |
Same as left |