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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE INSTALLATION, OPERATION AND MANAGEMENT OF PUBLIC DEPOTS

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary for the installation, operation and management of public depots administered by the Seoul Metropolitan Government. <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 4857, Sep. 29, 2009>
1. The term "public depot" means a public depot under subparagraph 1 of Article 72 of the Enforcement Rule of the Passenger Transport Service Act established by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") for passenger transport services in order to provide for passenger transportation businesses; <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
2. The term "entrusted manager" means a person to whom the operation and management of a public depot administered by the Seoul Metropolitan Government (hereinafter referred to as "public depot") is entrusted; <Amended by Ordinance No. 4706, Nov. 13, 2008>
3. The term "region" means one of ten administrative districts of Seoul Special Metropolitan City demarcated based on the city center, and the administrative districts included in each region are as set out in the Table. <Amended by Ordinance No. 4706, Nov. 13, 2008>

Article 3 (Establishment of Public Depots) (1)The Mayor shall establish a public depot in each region set out in the Table and shall operate and manage such depots. <Amended by Ordinance No. 4706, Nov. 13, 2008>
(2)The name, location, and administrative jurisdiction of each public depot established pursuant to paragraph (1) shall be publicized by the Mayor on the official gazette of the Seoul Metropolitan Government. <Amended by Ordinance No. 4706, Nov. 13, 2008>

Article 4 (Permission for Use of Public Depots) (1) The Mayor may grant permission for the use of a public depot to persons who hold a license for a city bus transport service under Article 4 (1) of the Passenger Transport Service Act and subparagraph 1 (a) of Article 3 of the Enforcement Decree of the aforesaid Act, persons who have registered a shuttle bus transport service under subparagraph 1 (c) of Article 3 of the Enforcement Decree of the aforesaid Act, persons who have registered a special passenger transport service under subparagraph 2 (b) of Article 3 of the Enforcement Decree of the aforesaid Act (hereinafter collectively referred to as "transportation business entities"), and persons who engage in a business of installing facilities for supplying natural gas for city buses (hereinafter referred to as "installers of gas-filling facilities"). <Amended by Ordinance No. 4266, Mar. 17, 2005; Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
(2) The period of use permissible pursuant to paragraph (1) shall be three years, which may be extended or shortened by an agreement between both parties. <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
(3) The Mayor shall give priority in using a public depot to a transportation business entity with its principal place of business in the region to which the public depot belongs: Provided, That if space is sufficient in a public depot, the Mayor may also grant permission for the use of a public depot to any transportation business entity who has the starting or ending point of its service route within six kilometers from the depot or any transportation business entity whose service route passes through the region to which the public depot belongs. <Amended by Ordinance No. 4266, Mar. 17, 2005; Ordinance No. 4857, Sep. 29, 2009>
(4) Except as provided for in paragraphs (1) through (3), necessary matters concerning the criteria and procedure for granting permission for the use of a public depot shall be prescribed by the Enforcement Rule. <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>

Article 5 (Rents) (1) Pursuant to Article 22 of the Public Property and Commodity Management Act and Article 14 of the Enforcement Decree of the aforesaid Act, the Mayor may impose on and collect from transportation business entities and installers of gas-filling facilities who are admitted to a public depot (hereinafter referred to as "occupiers") the following rents: <Amended by Ordinance No. 4706, Nov. 13, 2008>
1. The rate of rent for a public depot used by a transportation business entity with permission for the use shall be 25/1000 of the assessed value of the property involved (the officially announced price for land and the appraised value for a building), including areas for common use; <Amended by Ordinance No. 4706, Nov. 13, 2008>
2. The rate of rent for a public depot used by an installer of gas-filling facilities with permission for the use in order to install facilities for supplying natural gas shall be 10/1000 of the assessed value of the property involved. <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
(2) Rents under paragraph (1) shall be paid in advance, and the payment term for the rents shall not be more than 60 days from the date of contract, if the permitted period of use is less than one year, or 60 days from each anniversary of the date of the initial contract, if the permitted period of use is not less than one year. <Amended by Ordinance No. 4857, Sep. 29, 2009>
(3) If an occupier fails to pay rent within the payment term, the Mayor shall impose and collect overdue charges as follows: <Amended by Ordinance No. 4266, Mar. 17, 2005; Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
1. If the overdue period is less than one month: 12 percent per annum; <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
2. If the overdue period is at least one month, but less than three months: 13 percent per annum; <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
3. If the overdue period is at least three months, but less than six months: 14 percent per annum; <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
4. If the overdue period is at least six months: 15 percent per annum. <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
(4) The Mayor may exempt occupiers from rent payable for a specified period, if he/she considers it particularly necessary due to a natural disaster or any other accident. <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>

Article 6 (Occupiers' Duties) (1) Each occupier owes the duty of care as a good fiduciary in using a public depot and facilities installed in the depot (hereinafter referred to as "facilities in use"). <Amended by Ordinance No. 4857, Sep. 29, 2009>
(2) If an occupier discovers that a facility in use has been, or is likely to be, destroyed, damaged, or malfunctioned, he/she shall report such to the Mayor without delay and shall, if he/she destroys, damages, or spoils a facility in use intentionally or negligently, immediately compensate the Mayor for the costs and expenses incurred for restoration or reinstate the facility at his/her own expense. <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>

Article 7 (Restrictions on Occupiers' Activities) No occupier shall conduct any of the following activities in a public depot: Provided, That the foregoing shall not apply to activities conducted with approval from the Mayor only in cases under subparagraphs 1 and 2: <Amended by Ordinance No. 4266, Mar. 17, 2005; Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
1. Parking any vehicle other than a city bus, shuttle bus or special bus for funerals; <Amended by Ordinance No. 4857, Sep. 29, 2009>
2. Leasing the depot to a third party; <Amended by Ordinance No. 4857, Sep. 29, 2009>
3. Handling any dangerous substance prohibited by the Framework Act on Fire Services; <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
4. Creating pollution, such as a bad smell or noise in excess of the level permitted by the Clean Air Conservation Act or the Noise and Vibration Control Act; <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
5. Installing or keeping any goods, the installation or storage of which in a public depot is prohibited by any other Act or subordinate statute. <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>

Article 8 (Cancellation of Permission for Use) The Mayor may cancel permission for use in any of the following cases: <Amended by Ordinance No. 4706, Nov. 13, 2008>
1. Where the Mayor changes the specific use of facilities in response to needs for any public purpose and recover subject matter the use of which has been permitted. In such cases, the Mayor shall give written notice to the occupiers by not later than six months before the permission for use is cancelled; <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
2. Where an occupier neglects any of his/her duties under Article 6; <Amended by Ordinance No. 4706, Nov. 13, 2008>
3. Where rents have been overdue for not less than six months; <Amended by Ordinance No. 4857, Sep. 29, 2009>
4. Where an occupier violates a restriction on occupiers' activities under Article 7; <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
5. Where an occupier violates an order issued or a disposition made by the Mayor pursuant to a relevant Act, a subordinate statute, or this Ordinance. <Amended by Ordinance No. 4857, Sep. 29, 2009>

Article 9 (Entrustment of Management) (1) The Mayor shall entrust the following administrative matters related to the operation and management of public depots (hereinafter referred to as "management") to the Seoul Metropolitan Facilities Management Corporation or to a legal entity or a private individual specializing in the management of public facilities via open tender: <Amended by Ordinance No. 4706, Nov. 13, 2008>
1. Matters concerning permission for the use of a public depot under Article 4; <Amended by Ordinance No. 4706, Nov. 13, 2008>
2. Matters concerning reinstatement, including the reception of reports under Article 6 (2) and the collection of costs and expenses incurred for restoration; <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
3. Matters concerning the approval of occupiers' activities under Article 7; <Amended by Ordinance No. 4706, Nov. 13, 2008>
4. Matters concerning the cancellation of permission for use under Article 8; <Amended by Ordinance No. 4706, Nov. 13, 2008>
5. Matters concerning the safety, maintenance, and management of facilities in public depots.
(2) The entrusted manager under paragraph (1) may entrust the users of facilities (occupiers) with administrative matters under paragraph (1) 5. <Amended by Ordinance No. 4706, Nov. 13, 2008>

Article 10 (Assistance in Management) When the Mayor entrusts a person with the management of a public depot pursuant to Article 9, he/she may assist the entrusted manager by providing equipment or subsidizing expenses necessary for the management thereof. <Amended by Ordinance No. 4706, Nov. 13, 2008>

Article 11 (Application Mutatis Mutandis) (1) Except as provided for in this Ordinance, the Seoul Metropolitan Government Ordinance on Entrustment of Administrative Matters to Private Sector shall apply mutatis mutandis to entrustment contracts, entrusted managers' duties, the guidance and supervision of entrusted managers, and the cancellation of entrustment. <Amended by Ordinance No. 4706, Nov. 13, 2008>
(2) As to the operation and management of the land (including ancillary facilities) purchased for the specific use as a depot for city busses and shuttle buses, among passenger transportation businesses operating in a regular route, and the land conveyed without consideration, such as charging rents for such land, the Mayor shall apply this Ordinance mutatis mutandis. <Newly Inserted by Ordinance No. 4706, Nov. 13, 2008>