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
Partial Amendment No. 8530, Dec. 30, 2022	Partial Amendment No. 8862, Jul. 24, 2023
Article 1 (Purpose) The purpose of this Ordinance is to prescribe the basic matters concerning the prevention of violence against women and protection of victims in Seoul Metropolitan City pursuant to Article 4 of the Framework Act on 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 Commercial Sex Acts and Protection, etc. of Victims, and to comprehensively promote the relevant policies.	Article 1 (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
	Article 1 (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Definitions) The terms used in this Ordinance are defined as follows: 1. The term "violence against women" means as defined in subparagraph 1 of Article 3 of the Framework Act on 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 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 of Victims; 5. The term "victim" means a person who has suffered violence against women, and her spouse (including a person in a de facto marital relationship), lineal relatives, and siblings; 6. The term "secondary victimization" means as defined in subparagraph 3 of Article 3 of the Framework Act on Prevention of Violence against Women.	Article 2 (Applicability to Dismissal of Members) The revised provision for dismissal of members shall be applied even to members commissioned in various committees, at the time when this Ordinance is promulgated. In such cases, for members commissioned before the date of promulgation of this Ordinance, an annual attendance rate from the date of promulgation shall be applied until their terms of office expire.
	Article 2 (Applicability to Dismissal of Members) The revised provision for dismissal of members shall be applied even to members commissioned in various committees, at the time when this Ordinance is promulgated. In such cases, for members commissioned before the date of promulgation of this Ordinance, an annual attendance rate from the date of promulgation shall be applied until their terms of office expire.
Article 3 (Responsibilities of Mayor) (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: 1. Establishment and operation of the reporting system of violence against women; 2. Investigation, research, education and public relations 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 to facilitate the protection and support of 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 necessary budgetary measures to fulfill the responsibilities under paragraph (1). (3) The Mayor shall deploy organizations and public officials in charge of the prevention and protection of violence against women and the protection and support of victims. (4) The Mayor shall foster and provide support, such as subsidization, for counseling centers related to violence against women and protection facilities for victims of violence against women, established and operated under the Framework Act on Prevention of Violence against Women, the Act on the Prevention of Domestic Violence and Protection of Victims, the Sexual Violence Prevention and Victims Protection Act, and the Act on the Prevention of Commercial Sex Acts and Protection of Victims.	Article 3 (Responsibilities of Mayor) 1. Establishment and operation of the reporting system of violence against women; 2. Investigation, research, education and public relations 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 to facilitate the protection and support of 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 necessary budgetary measures to fulfill the responsibilities under paragraph (1). (3) The Mayor shall deploy organizations and public officials in charge of the prevention and protection of violence against women and the protection and support of victims. (4) The Mayor shall foster and provide support, such as subsidization, for counseling centers related to violence against women and protection facilities for victims of violence against women, established and operated under the Framework Act on Prevention of Violence against Women, the Act on the Prevention of Domestic Violence and Protection of Victims, the Sexual Violence Prevention and Victims Protection Act, and the Act on the Prevention of Commercial Sex Acts and Protection 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.	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.
Article 5 (Formulation of Implementation Plans) (1) The Mayor shall establish an implementation plan for the prevention of violence against women and protection and support policies for victims every year (hereinafter referred to as "implementation plan"), pursuant to Article 8 of the Framework Act on Prevention of Violence against Women, and the implementation plans shall include the following matters: 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 public relations 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 for the prevention and protection of violence against women and protection of victims. (2) The Mayor may request cooperation from public institutions and corporations or groups when necessary for the establishment and implementation of the implementation plan. (3) The Mayor shall analyze and evaluate the performance of the implementation plan and reflect the results in the following year's implementation plan.	Article 5 (Formulation of Implementation Plans) 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 public relations 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 for the prevention and protection of violence against women and protection of victims. (2) The Mayor may request cooperation from public institutions and corporations or groups when necessary for the establishment and implementation of the implementation plan. (3) The Mayor shall analyze and evaluate the performance of the implementation plan and reflect the results in the following year's implementation plan.
Article 6 (Establishment of Committee on Prevention of Violence against Women) (1) The Mayor shall establish and operate the Seoul Metropolitan Government Committee on Prevention of Violence against Women (hereinafter referred to as the "Committee") to promote the prevention and prevention of violence against women and the protection of victims. (2) The Committee shall deliberate and consult on the following matters: 1. Matters concerning the establishment, implementation, and evaluation of implementation plans; 2. Matters concerning various projects to establish a local safety net to prevent violence against women and protect and support victims; 3. Matters concerning education and public relations for prevention of violence against women in the community and protection and support of victims; 4. Matters concerning emergency rescue and joint response for women in crisis; 5. Matters concerning information sharing and establishment of a cooperation system among related agencies; 6. Other matters that the Mayor considers necessary to prevent violence against women and to protect and support victims.	Article 6 (Establishment of Committee on Prevention of Violence against Women) (2) The Committee shall deliberate and consult on the following matters: 1. Matters concerning the establishment, implementation, and evaluation of implementation plans; 2. Matters concerning various projects to establish a local safety net to prevent violence against women and protect and support victims; 3. Matters concerning education and public relations for prevention of violence against women in the community and protection and support of victims; 4. Matters concerning emergency rescue and joint response for women in crisis; 5. Matters concerning information sharing and establishment of a cooperation system among related agencies; 6. Other matters that the Mayor considers necessary to prevent violence against women and to protect and support victims.
Article 7 (Formation of Committee) (1) The Committee 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. (2) One vice chairperson shall be assigned to assist the chairperson, and the vice chairperson shall be elected by and among members. (3) The Mayor shall commission members from among the representatives of the following agencies or facilities related to the protection of women or 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 victims of violence against women; 4. Educational institutions, such as elementary, middle and high schools, and the Office of Education; 5. Police and judicial agencies, 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 filling a vacancy shall be the remaining term of office of his or her predecessor. (5) Notwithstanding paragraph (4), the Mayor may dismiss any member even before his or her term of office expires pursuant to Article 8-2 of the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Various Committees.	Article 7 (Formation of Committee) (2) One vice chairperson shall be assigned to assist the chairperson, and the vice chairperson shall be elected by and among members. (3) The Mayor shall commission a member from among representatives of the following agencies or facilities related to the protection of women or persons delegated by such representatives. No gender shall account for over 6/10 of the total number of commissioned members: <Amended on Dec. 30, 2022> 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 victims of violence against women; 4. Educational institutions, such as elementary, middle and high schools, and the Office of Education; 5. Police and judicial agencies, 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) Deleted <Dec. 30, 2022> (5) Deleted <Dec. 30, 2022>
Article 8 (Meetings) Meetings of the Committee shall be held not less than twice per year when the chairperson deems a meeting necessary or upon request of at least 1/3 of the members.	Article 8 (Term of Office of Members) (2) A member who is newly commissioned due to resignation of his/her predecessor who is not a public official shall serve the predecessor's remaining term of office. [This Article Newly Inserted on Dec. 30, 2022]
Article 9 (Executive Secretary) (1) The Committee shall have one executive secretary to perform its administrative affairs. (2) The executive secretary shall be the Director of Women's Rights Division, who is responsible for prevention of violence against women and protection. (3) The executive secretary shall handle the affairs of the Committee upon receipt of the request of the chairperson and prepare and keep minutes.	Article 9 (Dismissal of Members) [This Article Wholly Amended on Jul. 24, 2023]
Article 10 (Allowances of Members) Allowances may be paid to members who attend a meeting of the committee within the budget: Provided, That this shall not apply when a public official attends a meeting in direct connection with his or her duties.	Article 10 (Duties of the Chairperson) (2) Where the chairperson cannot perform his/her duties due to unavoidable reasons, the vice chairperson shall serve as the acting chairperson. Where both the chairperson and vice chairperson cannot perform their duties due to unavoidable reasons, a member appointed in advance by the chairperson shall serve as the acting chairperson. [This Article Newly Inserted on Dec. 30, 2022]
Article 11 (Subsidization of Business Expenses) The Mayor may subsidize relevant agencies and facilities for business expenses necessary for the prevention of violence against women and the protection of the victims within the budget.	Article 11 (Meetings) (2) Meetings of the Committee shall begin when a majority of registered members are present and resolved by vote of a majority of the members present. <Newly Inserted on Dec. 30, 2022> [Moved from Article 8; previous Article 11 moved to Article 14 <Dec. 30, 2022>]
Article 12 (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 the prevention of violence against women. (2) The Mayor may request those research institutes, corporations, or groups that have 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 information, such as gender, age, education, marital status, and employment status; 2. Matters concerning causes of occurrence, types of occurrence, types of violence, etc. with regard to 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 Committee, and the results of the fact-finding survey shall be reflected in the establishment of policies.	Article 12 (Executive Secretary) (2) The secretary shall be a gender equality officer who is in charge of prevention of and protection from violence against women. <Amended on Sep. 30, 2021; Dec. 30, 2022> (3) The executive secretary shall handle the affairs of the Committee upon receipt of the request of the chairperson and prepare and keep minutes. [Moved from Article 9; previous Article 12 moved to Article 15 <Dec. 30, 2022>]
Article 13 (Prevention Education) (1) The Mayor shall conduct education for the prevention of violence against women in accordance of the relevant statutes or regulations at least once a year. (2) Where it is difficult to conduct the education under paragraph (1), the Mayor may request that the head of a relevant agency conduct the education. (3) The plan for education under paragraph (1) shall include the following matters: 1. Matters concerning the actual state and prevention of violence against women; 2. Relevant statutes and regulations addressing 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 the following year's plan.	Article 13 (Allowances of Members) [Moved from Article 10; previous Article 13 moved to Article 16 <Dec. 30, 2022>]
Article 14 (Prevention of Digital Sex Crime) The Mayor may provide administrative and financial support for the prevention of digital sex crimes, which include photographing, disseminating, threatening to disseminate, storing, and displaying the body of another person without consent using digital devices and information and communication technology, and infringing on the sexual autonomy and personal rights of others in cyberspace, and for the support for relevant victims.	Article 14 (Subsidization of Business Expenses) [Moved from Article 11; previous Article 14 moved to Article 17 <Dec. 30, 2022>]
	Article 14-2 (Support for Victims of Sexual Traffic) 1. Project that supports the stability of livelihood for subsistence, etc.; 2. Project that supports residential migration for residential area; 3. Project that supports vocational training for social rehabilitation, etc.; or 4. Other support projects that the Mayor recognizes as necessary. (2) Projects under paragraph (1) 1 through 3 shall be limited to victims of sexual traffic in areas within the Seoul Metropolitan City, where sexual traffic business places are gathered for commercial sex acts as follows: Yeongdeungpo-dong, Yeongdeungpo-gu; Hawolgok-dong, Seongbuk-gu; and Cheonho-dong, Gangdong-gu. The same shall not apply, where the same support is provided under other laws, regulations, and ordinances. [This Article Newly Inserted on Jan. 7, 2021] [Moved from Article 11-2 <Dec. 30, 2022>]
	Article 14-3 (Support for Victims of Domestic Violence) 1. Project that supports counseling and psychotherapy programs; 2. Project that subsidizes rents to arrange residence; 3. Project that provides subsidy necessary for self-reliance; 4. Project that supports vocational training and employment for staged social adjustment; 5. Project that supports child upbringing and housekeeping to improve family relations; 6. Project that educates and publicizes the improvement of awareness on domestic violence; and 7. Other support projects that the Mayor recognizes as necessary. [This Article Newly Inserted on Dec. 30, 2022]
Article 15 (Prevention of Secondary Victimization) In order to prevent secondary victimization, the Mayor shall prepare necessary measures, such as secondary victimization prevention guidelines and training for work-related personnel, and take measures to minimize damage when secondary victimization occurs.	Article 15 (Fact-Finding Surveys of Violence against Women) (2) The Mayor may request those research institutes, corporations, or groups that have 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 information, such as gender, age, education, marital status, and employment status; 2. Matters concerning causes of occurrence, types of occurrence, types of violence, etc. with regard to 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 Committee, and the results of the fact-finding survey shall be reflected in the establishment of policies. [Moved from Article 12; previous Article 15 moved to Article 18 <Dec. 30, 2022>]
Article 16 (Monitoring of Policies for Women) The Mayor shall monitor once a year relevant statues and regulations, policies and projects for the prevention of violence against women for their implementation and evaluation, and may report the results to the Committee and prepare the processing procedures.	Article 16 (Prevention Education) (2) Where it is difficult to conduct the education under paragraph (1), the Mayor may request that the head of a relevant agency conduct the education. (3) The plan for education under paragraph (1) shall include the following matters: 1. Matters concerning the actual state and prevention of violence against women; 2. Relevant statutes and regulations addressing 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 the following year's plan. [Moved from Article 13; previous Article 16 moved to Article 19 <Dec. 30, 2022>]
Article 17 (Provision of Relevant Information) (1) In order to prevent violence against women and support victims, the Mayor shall keep manuals and information on support for victims of violence against women, and provide them to the police, fire stations, medical institutions, schools, community service centers, welfare centers, and related business places, etc. (2) Citizens of Seoul may request information related to the prevention and protection of violence against women and protection of victims, if necessary, according to the Seoul Metropolitan Government Ordinance on Disclosure of Administration Information for Open City Administration.	Article 17 (Prevention of Digital Sex Crime) [Moved from Article 14; previous Article 17 moved to Article 20 <Dec. 30, 2022>]
Article 18 (Establishment of Seoul Workplace Sexual Harassment and Sexual Violence Prevention Center) The Mayor may establish the Seoul Workplace Sexual Harassment and Sexual Violence Prevention Center (hereinafter referred to as the "Center") to prevent violence and support victims in the blind spot of the protection system of sexual harassment and sexual violence by creating an environment where people can work safely from sexual harassment and sexual violence.	Article 18 (Prevention of Secondary Victimization) [Moved from Article 15; previous Article 18 moved to Article 21 <Dec. 30, 2022>]
Article 19 (Functions of Center) The major functions of the Center shall be as follows: 1. Establishment and implementation of sexual harassment and sexual violence blind spot prevention plan; 2. Sexual harassment and sexual violence prevention education at small business places and consulting services for improvement of organizational cultures; 3. Matters concerning cooperation and support of agencies supporting victims of sexual harassment and sexual violence; 4. Establishment and sharing of knowledge and information systems related to sexual harassment and sexual violence; 5. Public relations and campaigns to improve civic awareness and organizational cultures regarding sexual harassment and sexual violence; 6. Other matters deemed necessary by the Mayor to prevent sexual harassment and sexual violence and support victims.	Article 19 (Monitoring of Policies for Women) [Moved from Article 16; previous Article 19 moved to Article 22 <Dec. 30, 2022>]
Article 20 (Assistance with Operating Expenses and Settlement of Accounts) (1) The Mayor may fully or partially assist with expenses necessary for the operation of the Center and project expenses within the budget. (2) The head of the Center upon receipt of financial support under paragraph (1) shall settle accounts of expenses, etc. assisted with and submit a report thereon to the Mayor.	Article 20 (Provision of Relevant Information) (2) The citizens of Seoul Metropolitan City (hereinafter referred to as the Citizens) may, if necessary, request the information on prevention of violence against women and protection of victims under the Seoul Metropolitan Government Ordinance on the Disclosure of Administrative Information for Open City Administration. <Amended on Jan. 7, 2021> [Moved from Article 17; previous Article 20 moved to Article 23 <Dec. 30, 2022>]
Article 21 (Guidance and Inspection) If necessary for the operation of the Center, the Mayor may instruct and inspect entrusted agencies pursuant to Article 16 of the Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to the Private Sector.	Article 21 (Establishment of Seoul Workplace Sexual Harassment and Sexual Violence Prevention Center) [Moved from Article 18; previous Article 21 moved to Article 24 <Dec. 30, 2022>]
Article 22 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Metropolitan Government.	Article 22 (Functions of Center) 1. Establishment and implementation of sexual harassment and sexual violence blind spot prevention plan; 2. Sexual harassment and sexual violence prevention education at small business places and consulting services for improvement of organizational cultures; 3. Matters concerning cooperation and support of agencies supporting victims of sexual harassment and sexual violence; 4. Establishment and sharing of knowledge and information systems related to sexual harassment and sexual violence; 5. Public relations and campaigns to improve civic awareness and organizational cultures regarding sexual harassment and sexual violence; 6. Other matters deemed necessary by the Mayor to prevent sexual harassment and sexual violence and support victims. [Moved from Article 19; previous Article 22 moved to Article 25 <Dec. 30, 2022>]
	Article 23 (Assistance with Operating Expenses and Settlement of Accounts) (2) The head of the Center upon receipt of financial support under paragraph (1) shall settle accounts of expenses, etc. assisted with and submit a report thereon to the Mayor. [Moved from Article 20 <Dec. 30, 2022>]
	Article 24 (Guidance and Inspection) [Moved from Article 21 <Dec. 30, 2022>]
	Article 25 (Enforcement Rule) [Moved from Article 22 <Dec. 30, 2022>] Addenda (Seoul Metropolitan Government Ordinance on the Comprehensive Reorganization of Provisions for Commission, Dismissal, etc. of Members of the Committee) <No. 8862, Jul. 24, 2023> ADDENDA
	ADDENDA Article 1 (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. Article 2 (Applicability to Dismissal of Members) The revised provision for dismissal of members shall be applied even to members commissioned in various committees, at the time when this Ordinance is promulgated. In such cases, for members commissioned before the date of promulgation of this Ordinance, an annual attendance rate from the date of promulgation shall be applied until their terms of office expire.