Article 1 (Purpose)

Article 2 (Definitions) 1. “Labor provider” refers to a person subject to Article 91-15 of the Industrial Accident Compensation Insurance Act.
2. “Freelancer” refers to a person who works under a free contract without being affiliated with a specific company or organization, regardless of the form of the contract, and is not subject to labor-related laws such as the Labor Standards Act.

Article 3 (Scope of Application) 1. If the address is in Seoul Metropolitan City (hereinafter referred to as the “City”)
2. If the place of business is in the City

Article 4 (Duties of the Mayor) (1) The Seoul Metropolitan City Mayor (hereinafter referred to as the “Mayor”) shall endeavor to prevent labor providers and freelancers from being placed in unfair and unreasonable contractual relationships.
(2) The Mayor shall endeavor to protect the rights and interests of labor providers and freelancers and to create a system and environment that allows them to provide labor in a stable manner.
(3) The Mayor shall endeavor to eliminate practices that discriminate against labor providers and freelancers on the grounds that they are not workers as defined in the Labor Standards Act, etc., and to ensure that they are treated fairly.

Article 5 (Relationship with Other Laws and Ordinances)

Article 6 (Basic Plan) (1) To protect the rights and interests of labor providers and freelancers, improve their status, and support stable activities, the Mayor shall establish and implement a Basic Plan for the Protection and Support of the Rights and Interests of Labor Providers and Freelancers by the Seoul Metropolitan City Government (hereinafter referred to as the “Basic Plan”) every three (3) years.
(2) The basic plan shall include the following.
1. Basic direction and promotion goals for the protection and support of labor providers and freelancers
2. Measures to protect and support labor providers and freelancers by industry
3. A method of securing funds for the implementation of the basic plan
4. Education and campaigns for prevention and relief of damage to labor providers and freelancers
5. Improvements to laws and systems to protect and support labor providers and freelancers
6. Other matters necessary to protect and support the rights and interests of labor providers and freelancers
(3) When establishing a basic plan, the Mayor may hold public hearings, discussions, etc. to collect opinions from citizens.
(4) In cases where the basic labor plan pursuant to Article 7 of the Seoul Metropolitan Government Framework Ordinance on Labor includes a basic plan for labor providers and freelancers, the basic plan pursuant to Paragraph 1 may be substituted.

Article 7 (Implementation Plan) (1) The Mayor shall establish and implement an implementation plan (hereinafter referred to as the “implementation plan”) every year to protect and support the rights and interests of labor providers and freelancers in accordance with the basic plan.
(2) The Mayor shall inspect and evaluate the progress of the implementation plan and reflect the results in the implementation plan for the following year

Article 8 (Fact-Finding Survey) (1) In order to protect the rights and interests of labor providers and freelancers and support their activities, the Mayor may investigate the actual working environment, including contract type, compensation, contract conditions, and damages, if necessary.
(2) In cases of conducting a fact-finding survey pursuant to Paragraph 1, the Mayor may entrust the task to a specialized institution or organization, and in such cases, the necessary expenses may be supported within the scope of the budget.

Article 9 (Support Projects, Etc.) (1) The Mayor may promote the following projects to protect and support the rights and interests of labor providers and freelancers.
1. Creation of infrastructure for the safety and protection of labor providers and freelancers
2. Improvement of the working conditions and working environment of labor providers and freelancers
3. Research and analysis to protect and support labor providers and freelancers
4. Support for necessary items such as safety equipment to protect and support labor providers and freelancers
5. Partial support for social insurance premiums such as employment insurance and industrial accident insurance for labor providers and freelancers
6. Provision of services such as education, counseling, and legal aid to support labor providers and freelancers
7. Campaign projects to improve awareness of labor providers and freelancers
8. Any other matters deemed necessary by the Mayor to support labor providers and freelancers
(2) In cases where necessary to support labor providers and freelancers under Paragraph 1, the Mayor may provide administrative and financial support within the scope of the budget.
(3) If necessary to promote the business pursuant to Paragraph 1, the Mayor may entrust it to a specialized institution or organization.

Article 10 (Guidelines for Protection of Rights and Interests, Etc.) (1) In order to protect the rights and interests of labor providers and freelancers and guarantee contractual rights, the Mayor may develop, disseminate, and apply the Seoul Metropolitan City Government Labor Providers and Freelancers Rights Protection Guidelines (hereinafter referred to as “Guidelines for Protection of Rights and Interests”).
(2) The Mayor shall have the City, public corporations, corporations, and invested or investment organizations (hereinafter referred to as “subordinate organizations”) follow the Guidelines for Protection of Rights and Interests, etc., and may recommend compliance and application of the Guidelines for Protection of Rights and Interests, etc. to heads of a Gu in Seoul or heads of companies, organizations, associations, etc.
(3) The Mayor may request private companies, organizations, associations, etc. that enter into service contracts with the City and its affiliated organizations or receive subsidies, etc. to follow the Guidelines for Protection of Rights and Interests, etc.
(4) Matters necessary for developing, disseminating, and applying the Guidelines for Protection of Rights and Interests, etc. shall be determined by regulations.

Article 11 (Standard Contract) (1) In order to protect the rights and interests of labor providers and freelancers and guarantee contractual rights, the Mayor shall develop, distribute, and apply industry-specific standard contracts (hereinafter referred to as “standard contracts”).
(2) The Mayor may require the City and its affiliated organizations to follow the standard contract and may recommend compliance with and application of the standard contract to heads of a Gu in Seoul or heads of companies, organizations, associations, etc.
(3) The Mayor may request private companies, organizations, associations, etc. that enter into service contracts with the city and its affiliated organizations or receive subsidies, etc. to follow a standard contract.
(4) Matters necessary for developing, disseminating, and applying standard contracts shall be determined by regulations.

Article 12 (Protection of Rights and Interests Support Center) (1) The Mayor may establish and operate the Seoul Metropolitan City Government Labor Provider and Freelancer Rights and Interests Protection Support Center (hereinafter referred to as the “Support Center”) to prevent and provide relief for damages such as unfair contracts and delayed payment of wages to labor providers and freelancers.
(2) The Support Center shall perform the following tasks.
1. Legal, tax, and labor consultation and response support for labor providers and freelancers
2. Prevention and relief of damage to labor providers and freelancers
3. Education and promotion to protect the rights and interests of labor providers and freelancers
4. Support for the establishment and development of organizations to protect the rights and interests of labor providers and freelancers
5. Other necessary tasks to protect and support the rights and interests of labor providers and freelancers

Article 14 (Support for Organizations and Institutions) (1) The Mayor may provide administrative and financial support, within the scope of the budget, to the following matters to ensure the smooth operation of institutions and organizations promoting related projects to protect the rights and interests of labor providers and freelancers. In such cases, support is limited to non-profit corporations, organizations, or institutions established in Seoul Metropolitan City in accordance with laws or Ordinances.
1. Support for career management of labor providers and freelancers
2. Education and training for career development of labor providers and freelancers
3. Hosting of events to boost morale among labor providers and freelancers
4. Campaigns to investigate and protect cases of damage to labor providers and freelancers
5. Policy recommendations for support programs for labor providers and freelancers by the Seoul Metropolitan City Government
6. Any other matters deemed necessary for the Mayor to protect the rights and interests of labor providers and freelancers
(2) Specific details regarding financial support in Paragraph 1 shall be in accordance with the Seoul Metropolitan Government Ordinance on the Management of Local Subsidies.

Article 13 (Entrustment of Support Center Operation) (1) The Mayor may delegate the affairs related to the operation of the Support Center under Article 12 to an affiliated organization or private organizations/institutions with expertise in business promotion.
(2) The Seoul Metropolitan Government Ordinance on the Administrative Work to the Private Sector shall apply to the necessary procedures and methods for delegation of affairs pursuant to Paragraph 1.

Article 14 (Support for Organizations and Institutions) (1) The Mayor may provide administrative and financial support, within the scope of the budget, to the following matters to ensure the smooth operation of institutions and organizations promoting related projects to protect the rights and interests of labor providers and freelancers. In such cases, support is limited to non-profit corporations, organizations, or institutions established in Seoul Metropolitan City in accordance with laws or Ordinances.
1. Support for career management of labor providers and freelancers
2. Education and training for career development of labor providers and freelancers
3. Hosting of events to boost morale among labor providers and freelancers
4. Campaigns to investigate and protect cases of damage to labor providers and freelancers
5. Policy recommendations for support programs for labor providers and freelancers by the Seoul Metropolitan City Government
6. Any other matters deemed necessary for the Mayor to protect the rights and interests of labor providers and freelancers
(2) Specific details regarding financial support in Paragraph 1 shall be in accordance with the Seoul Metropolitan Government Ordinance on the Management of Local Subsidies.

Article 15 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed as regulations.

Addendum <No. 8740, May 22, 2023>
Article 1 (Enforcement Date) This Ordinance shall be enforced on Jul. 1, 2023.
Article 2 (Abolition of Other Ordinances) The Seoul Metropolitan Government Ordinance on the Protection and Support of Freelancer Rights and Interests is abolished.
Article 3 (Transitional Measures Regarding the Basic Plan for Employees in Special Type of Employment) The basic plan for employees in special type of employment established pursuant to the previous Article 6 at the time of enforcement of this Ordinance shall be regarded as the basic plan for labor providers and freelancers pursuant to this Ordinance.