SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON ESTABLISHMENT AND OPERATION OF JUVENILE FACILITIES
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Rule is to provide for matters delegated from the Seoul Metropolitan Government Ordinance on Establishment and Operation of Juvenile Facilities, and matters necessary for the enforcement of the aforesaid matters. <Amended by Enforcement Rule No. 3542, Apr. 26, 2007; Enforcement Rule No. 3644, Dec. 18, 2008>
Article 2 (Definitions of Terms)
The definitions of terms used in this Rule shall be as follows:
Article 3 (Use of Another Name of Juvenile Facilities)
Where necessary, an organization that operates a juvenile facility may use another name together with the name provided for in attached Table 1 of the Ordinance.
Article 4 (Field of Activities of Juvenile Facilities)
(1) The field of activities of each youth center shall be as follows:
CHAPTER II USER FEES, ETC.
Article 5 (User fees on Issuance of Membership Cards)
(1) Where the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") issues membership cards pursuant to Article 6 (2) of the Ordinance, he/she shall make it a principle to impose and collect user fees monthly within the limits of user fees under Article 8 (1) of the Ordinance. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 6 (Reduction of or Exemption from User Fees)
In cases of a juvenile falling under Article 8 (2) of the Ordinance, he/she shall be exempted from the entire amount of a user fee, and an organization that operates a facility shall specially manage evidential materials, etc. related thereto. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 7 (Return of User Fees)
Where a juvenile facility falls under any of the following, an organization that operates the juvenile facility shall return in full a user fee corresponding to the unused period pursuant to Article 8 (3) of the Ordinance: Provided, That where it does not fall under any of the following, it shall return a user fee mutatis mutandis pursuant to the Guidelines for consumer dispute resolution: <Amended by Enforcement Rule No. 3542, Apr. 26, 2007; Enforcement Rule No. 3644, Dec. 18, 2008>
CHAPTER III ORGANIZATION AND HUMAN RESOURCE MANAGEMENT
Article 8 (Organizational Structure)
Each organization that operates a juvenile facility shall determine the organizational structure and the prescribed number of employees of the juvenile facility by referring to guidelines specified in attached Tables 1 and 2. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 9 (Human Resource Management)
The Mayor shall prescribe the standard remuneration, retirement age, etc. pursuant to standards prescribed by the Framework Act on Juveniles, the Local Public Officials Act and the Regulations on Allowance, etc. for Local Public Officials for human resources who are assigned to and work with juvenile facilities. <Amended by Enforcement Rule No. 3542, Apr. 26, 2007; Enforcement Rule No. 3644, Dec. 18, 2008>
Article 10 (Standards for Employment of Personnel)
Where an organization that operates a juvenile facility intends to employ personnel to be assigned to and work with the entrusted facility, it shall make it a principle to employ personnel through open competitive recruitment.
Article 11 (Human Resource Management Committee)
(1) Each organization that operates a juvenile facility shall establish a human resource management committee to deliberate on important matters concerning human resource management, including appointment, disciplinary punishment, etc., in relation to personnel who are assigned to and work with the juvenile facility.
Article 12 (Steering Committee)
(1) Each organization that operates a juvenile facility shall establish a steering committee to revitalize the operation of the entrusted juvenile facility.
Article 13 (Standard Retirement Age)
Each organization that operates a juvenile facility shall implement a retirement system to be available on the retirement age of personnel who are assigned to and work with the juvenile facility, prescribing its own regulations on the operation of the juvenile facility within the following limits: <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 14 (Adjustment of Organization and Human Resource Management Accompanying Changes in Budget)
Where an organization that operates a juvenile facility adjusts the organization of the juvenile facility and personnel who are assigned to and work with the juvenile facility accompanying changes in the budget, it shall obtain approval for changes to the budget, from the Mayor. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
CHAPTER IV BUDGET, SETTLEMENT OF ACCOUNTS, ACCOUNTING
Article 15 (Fiscal Year)
The fiscal year for juvenile facilities shall coincide with the fiscal year of the Seoul Government. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 16 (Classification of Year to Which Fiscal Matters Belong)
Regarding the receipt of revenue and the disbursement of expenditure and any increase, decrease, or change in assets and/or liabilities, the year to which fiscal matters belong shall be classified based on the dates on which facts that become the causes thereof have occurred, and where it is impossible to ascertain the dates on which matters have arisen, the year to which fiscal matters belong shall be classified based on the dates on which such facts have been confirmed. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 17 (Deadline for Receipts and Disbursements)
The deadline for affairs concerning the receipt of revenue and the disbursement of expenditure of each juvenile facility belonging to one fiscal year shall be the end of February of the following year. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 18 (Principle of Comprehensive Budget)
All revenues and expenditures of each juvenile facility shall be reflected in the budget. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 19 (Kinds of Budgets)
(1) Budgets of each juvenile facility shall be classified into original budget, emergency budget, and revised supplementary budget, according to the budget of the Seoul Government. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 20 (Prohibition of Use of Budget other than Purpose)
No budget of a juvenile facility shall be used for any purpose other than that prescribed in the expenditure budget. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 21 (Criteria for Formulating Budget)
Each organization that operates a juvenile facility shall formulate a budget for the juvenile facility with subsidies from the Seoul Government and its income (business income and other income) by applying mutatis mutandis criteria for formulating the budget of the Seoul Government of the relevant year based on the fairness and public interest of revenue and expenditure. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 22 (Approval of Budget)
Each organization that operates a juvenile facility shall fomulate a draft budget for the following year including matters concerning the organization and the management of human resources, and submit it to the Mayor by the end of November each year according to criteria for formulating the budget notified by the Mayor, and he/she shall approve the budget on which the conditions within the limits necessary to achieve the purpose of entrustment are imposed, by the end of December. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 23 (Reallocation of Budget)
(1) Each organization that operates a juvenile facility may reallocate the budget in the Articles, paragraphs and items: Provided, That in case of the reallocation of the budget between paragraphs, it shall obtain approval from the Mayor in advance, and shall not reallocate the budget to Articles, paragraphs or items to which the reallocation thereof is restricted in the criteria for formulating the budget, or Articles, paragraphs or items in which curtailments have been made in the process of approving the budget. <Amended by Enforcement Rule No. 3542, Apr. 26, 2007; Enforcement Rule No. 3644, Dec. 18, 2008>
Article 24 (Reserve Fund)
(1) Each organization that operates a juvenile facility may reflect a reserve fund in the expenditure budget as prescribed by the Mayor to make up for expenditure not provided for in the budget or expenditure exceeding the budget. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 25 (Revenue and Expenditure)
(1) Each organization that operates a juvenile facility shall manage overall affairs concerning revenue and expenditure of the juvenile facility, and may delegate affairs concerning accruing revenue and incurring expenditure to human resources who are assigned to and work with the juvenile facility. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 26 (Receipt of Revenues)
(1) Other than where an organization that operates a juvenile facility entrusts the receipt of all revenues to a financial institution, no person other than a revenue officer shall receive revenues.
Article 27 (Principle of Disbursement)
A disbursement officer shall make disbursements within budgetary limits, limited to disbursements for which a person in charge of disbursements and a person to whom such responsibility is delegated, give instructions. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 28 (Settlement of Accounts)
(1) Each organization that operates a juvenile facility shall prepare a report on the settlement of accounts of revenue and expenditure after undergoing audits of the settlement of accounts, conducted by a certified public accountant designated by the Mayor, and submit such report to the Mayor following the resolution made by its board of directors by March 31 of the following year. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 29 (Reserve for Retirement Allowances)
Each organization that operates a juvenile facility shall accumulate an amount equivalent to 30 days’ average wage for each year worked, as a reserve for retirement allowance of human resources who are assigned to and work with the juvenile facility under Article 34 of the Labor Standards Act. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 30 (Contracts)
Related Acts, subordinate statutes, and rules, such as the Act on Contracts to which a Local Government is a Party, the Local Finance Act and the Rules of Finance and Accounting of Social Welfare Corporations, shall apply to matters concerning contracts for juvenile facilities. <Amended by Enforcement Rule No. 3542, Apr. 26, 2007>
Article 31 (Budget, Settlement of Accounts, Accounting Management)
The rules governing finances and accounting of social welfare corporations shall apply to matters not prescribed by this Rule concerning the budget, settlement of accounts and accounting. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
CHAPTER V MANAGEMENT OF PROPERTY AND COMMODITIES
Article 32 (Management of Property)
(1) No organization that operates a juvenile facility shall use any property of the juvenile facility for any purpose other than the original purpose thereof, and establish, resell, lend the right to a third party or exchange the right with a third party. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 33 (Management of Commodities)
(1) Each organization that operates a juvenile facility shall manage commodities belonging to the juvenile facility and discharge its fiduciary duty.
CHAPTER VI SAFETY MANAGEMENT
Article 34 (Duty to Manage)
Each organization that operates a juvenile facility shall discharge its fiduciary duty in the management and operation of the juvenile facility.
Article 35 (Duty to Purchase Insurance)
Each organization that operates a juvenile facility shall purchase insurance to compensate for loss in preparation for various incidents and accidents that may occur in relation to the management of the juvenile facility and the performance of business operations.
Article 36 (Prevention of Danger)
Each organization that operates a juvenile facility shall install and operate facilities and equipment to prevent accidents and dangers and safety measures, such as safety facilities, personal protective equipment, and first aid kits. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
CHAPTER VII BUSINESS MANAGEMENT
Article 37 (Formulation of Business Plan)
(1) Each organization that operates a juvenile facility shall formulate a business plan for the following year and submit it to the Mayor by the end of November each year. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 38 (Business Earnings)
(1) Business earnings may be appropriated for operating expenses and working expenses, and in principle, user fees shall be collected in amounts at minimum actual expense in consideration of public interest.
Article 39 (Management of Instructors)
Each organization that operates a juvenile facility shall prescribe and enforce its own regulations on the management of instructors, suitable for the operation of programs.
Article 40 (Development and Operation of Programs)
Each organization that operates a juvenile facility shall develop and operate programs complying with the purpose of the establishment of the juvenile facility and the Framework Act on Juveniles and the Enforcement Decree thereof. <Amended by Enforcement Decree No. 3542, Apr. 26, 2007; Enforcement Rule No. 3644, Dec. 18, 2008>
Article 41 (Connection with Communities)
Each organization that operates a juvenile facility shall operate programs in connection with the neighboring schools, and promote business while maintaining a close cooperation relationship with related institutions and organizations in the community. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 42 (Multi-Purpose Business)
In relation to the operation of a juvenile facility, each organization that operates the juvenile facility may promote increases in income and the multi-purpose use of the facility by operating various programs for community residents in the time slot during which few juveniles use the facility.
Article 43 (Advertising)
Each organization that operates a juvenile facility shall widely advertise the function, availability of and methods for using the facility, and details of programs conducted in the facility to community juveniles and residents.
Article 44 (Supervision)
(1) Each organization that operates a juvenile facility shall comply with directions issued by the Seoul Government and accept its supervision, and the scope of directions and supervision shall be ledgers, accounting management, actual conditions of management, etc. related to entrusted affairs.
Article 45 (Criteria for Evaluation)
The evaluation of the operation of a juvenile facility shall be conducted in consideration of the following, the size and conditions of the facility, community conditions, etc., and specific items subject to evaluation and criteria for evaluation shall be as specially prescribed by the Mayor: <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 46 (Methods of Evaluation)
(1) Each year, the Mayor shall conduct evaluation of juvenile facilities along with the examination of documents, such as business reports, and on-site inspections, annually. <Amended by Enforcement Decree No. 3542, Apr. 26, 2007; Enforcement Rule No. 3644, Dec. 18, 2008>
Article 47 (Preferential Treatment of Excellent Human Resources)
Where the Mayor discovers an excellent case in the course of the evaluation of a juvenile facility, he/she may recommend the organization that operates the juvenile facility to give preferential treatment to employees who have performed such task.
Article 48 (Designation of Representative Youth Center)
The Mayor may designate and operate the representative youth center so that it may perform a central role in the regular operation and supply of training items and community youth activities.
Article 49 (Operation, etc. of Association of Youth Training Facilities of Seoul Metropolitan Government)
(1) The Association of Youth Training Facilities of the Seoul Metropolitan Government (hereinafter referred to as the "Association") may be organized and operated for the establishment of a connection system among training facilities and exchange of information related to the operation of facilities. <Amended by Enforcement Decree No. 3542, Apr. 26, 2007; Enforcement Rule No. 3644, Dec. 18, 2008>
CHAPTER VIII MANAGEMENT OF RENTAL APARTMENTS FOR WORKING JUVENILES
Article 50 (Persons Eligible for Occupancy)
Persons eligible to occupy rental apartments for working juveniles (hereinafter referred to as "rental apartment") shall be unmarried female workers working with each workplace located in the Seoul Government.
Article 51 (Application for Tenancy)
(1) Any person who intends to occupy a rental apartment shall file an application for tenancy with an organization that manages the rental apartment, on the recommendation of the representative of each workplace. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 52 (Selection of Tenants)
(1) Each organization that manages rental apartments shall select younger blue-collar workers as preferential tenants among persons eligible for tenancy under Article 50 when it selects tenants, however, where qualification is equal, it shall select tenants according to the following order of precedence: <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 53 (Rental Agreement and Tenancy)
(1) Any person in receipt of notice of determination of tenancy pursuant to Article 52 (3) shall enter into a rental agreement in Form 4 within the designated period. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 54 (Collection of Security Deposit, etc.)
Each organization that manages rental apartments shall impose and collect security deposits, rent, public utility charges, etc. of rental apartments.
Article 55 (Security Deposit)
(1) Any person who intends to occupy a rental apartment shall pay a security deposit into a financial institution designated by the organization that manages the rental apartment in accordance with Form 6 when he/she enters into a rental agreement. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 56 (Rent)
(1) Any person who occupies a rental apartment shall pay rent to a financial institution designated by the organization that manages rental apartments on the basis of the end of each month in Form 7. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 57 (Public Utility Charges, etc.)
(1) Public utility charges, etc. shall be paid for each unit notified by the relevant agency, and users of public utility shall apportion such charges to each housing unit.
Article 58 (Rental Period)
(1) A rental period for a rental apartment shall be two years, and where a tenant wishes to continue renting after the expiry of the period, the rental period may be extended up to twice: Provided, That where no applicant for tenancy exists, the tenant may rent the apartment continuously. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 59 (Confirmation, etc.)
Where necessary for the management of rental apartments, the manager may request the representative of a workplace to submit information related to a tenant or require its employee who is assigned to and works with rental apartments to visit the workplace and confirm such data.
CHAPTER IX REGULATIONS GOVERNING OPERATION AND MANAGEMENT OF RECORDS
Article 60 (Enactment of Own Regulations Governing Operation)
(1) Each organization that operates a juvenile facility may formulates its own regulations governing the operation of the juvenile facility for the efficient operation thereof within the limits provided for in this Rule. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
Article 61 (Management of Records)
(1) Each organization that operates a juvenile facility shall classify, store and manage records produced by the juvenile facility by applying mutatis mutandis the Enforcement Decree of the Act on the Management of Public Archives. <Amended by Enforcement Rule No. 3644, Dec. 18, 2008>
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