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SEOUL METROPOLITAN GOVERNMENT ORDINANCE SEOUL METROPOLITAN GOVERNMENT ORDINANCE

Article 1 (Purpose) The purpose of this Ordinance is to enhance the advancement and transparency of the management of multi-family housing in Seoul Metropolitan City; and to create a residential community culture where communications among occupants, etc., of apartment houses is promoted through their active participation in activities.

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. The term "clean apartment house" means multi-family housing where a residential community culture is established by eliminating unnecessary items from maintenance fees, minimizing conflicts among occupants, etc., and promoting the participation of, and communication among, occupants, etc.;
2. The term "occupants, etc." means occupants defined in subparagraph 12 of Article 2 of the Housing Act and users defined in subparagraph 13 of Article 2 of the same Act;
3. The term "managing body" means a body for management defined in subparagraph 14 of Article 2 of the Housing Act.

Article 3 (Responsibilities) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall endeavor to build and establish a culture of clean apartment houses, including the development of necessary policies, etc.
(2) The head of a Gu shall endeavor to facilitate the participation of and communication among occupants, etc. for the management of multi-family housing, and actively cooperate in implementing the policies of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government").
(3) Occupants, etc. of multi-family housing shall endeavor to create a communicative residential community culture through their active participation as the main constituent for the establishment of clean apartment houses.

Article 4 (Establishment of Comprehensive Plans) (1) In order to systematically implement measures for building clean apartment houses, each year the Mayor shall formulate and execute a comprehensive plan for establishing clean apartment houses in Seoul Metropolitan City (hereinafter referred to as "comprehensive plan").
(2) Each comprehensive plan shall include the following matters:
1. Implementation direction-setting for the establishment of clean apartment houses;
2. Major implementation projects, and detailed implementation plans for each project;
3. Funding to implement projects, and measures for securing financial resources;
4. Other matters necessary to establish clean apartment houses.

Article 5 (Reduction of Maintenance Fees, etc.) The Mayor may perform the following affairs to reduce the maintenance fees of multi-family housing:
1. Research and investigation regarding reducing maintenance fees;
2. Promoting a system for providing expert advice in an autonomous Gu;
3. Provision of information on the status of maintenance fees and information to reduce maintenance fees;
4. Other matters necessary to reduce maintenance fees.

Article 6 (Promotion of Communities) The Mayor may perform the following for community vitalization:
1. Supporting the continuity of community vitalization activities, and strengthening autonomous activities by residents;
2. Expanding the roles of community experts;
3. Expanding the operation of a school of residents for the management of apartment houses;
4. Other matters necessary to promote communities.

Article 7 (Prevention of Inter-Floor Noise and Resolution of Conflicts) The Mayor may perform the following to prevent inter-floor noise and to resolve conflicts:
1. Support to develop the resident rules for preventing inter-floor noise based on autonomous efforts by occupants, etc.;
2. Advice, consultation, and conflict mediation through the operation of an expert consulting group;
3. Raising the awareness of occupants, etc. through education and promotion;
4. Other matters necessary to prevent inter-floor noise and to resolve conflicts.

Article 8 (Education and Publicity) The Mayor may perform the following to educate and promote the establishment of clean apartment houses:
1. Producing manuals for a fact-finding survey and white papers;
2. Producing and presenting success casebooks, and holding briefing sessions for residents;
3. Holding public campaigns and academic seminars;
4. Educating the capacity building of relevant public officials;
5. Other matters necessary for education and publicity.

Article 9 (Request for Inspections) (1) With respect to the duties of the council of occupants' representatives or the members thereof; the managing body; the head of the management office of the relevant multi-family housing under Article 55 (1) of the Housing Act; or the electoral board for the organization of the council of occupants' representatives or the members thereof, occupants, etc. may request the Mayor to conduct an inspection by acquiring the consent of at least 3/10 of the total occupants, etc.
(2) Notwithstanding paragraph (1), any of the following matters shall be excluded from inspections:
1. Matters resulting in involvement in an investigation or trial;
2. Matters likely to infringe upon a person's privacy;
3. Matters inspected or investigated, or under inspection or investigation, by other agencies: Provided, That this shall not apply when relevant new matters have been discovered or important relevant matters have been omitted;
4. When a lawsuit is pending regarding the same subject matter, or the judgement thereon has become final and conclusive;
5. Otherwise where matters for which an inspection has been requested, are deemed inappropriate to be subject to inspection.

Article 10 (Conduct of Inspections) (1) The Mayor may conduct an inspection when it is recognized that a request for inspection is reasonable or when it is deemed necessary to conduct an inspection for the efficient management of multi-family housing or for the protection of occupants, etc., and where the Mayor is to conduct an inspection, he/she shall notify a person subject to the inspection of the main issues of the inspection, by seven days prior to the commencement of the inspection: Provided, That this shall not apply when there are urgent reasons for the immediate implementation of an inspection or when it is inevitable in order to ensure the effectiveness of an inspection.
(2) Where the Mayor conducts an inspection, he/she may seek advices from experts such as attorneys-at-law, certified public accountants, etc.; or investigate business offices, management offices, etc. together with relevant experts. In such cases, allowances, travel expenses, and other necessary costs may be paid to such experts as attorneys-at-law, certified public accountants, etc., within budgetary limits.
(3) The Mayor may require a managing body to disclose the findings of inspection via the bulletin board of multi-family housing and the Comprehensive Information Center of the Seoul Government, and shall take measures such as orders, dispositions, demand for investigation, etc. as required under the related statutes and regulations according to the results of the inspection.
(4) The Mayor may require the head of a Gu to conduct an inspection and to take necessary measures according to the findings of such inspection; in such cases, he/she may reimburse some of the relevant expenses, within budgetary limits.

Article 11 (Support of Expenses Necessary for Management of Multi-Family Housing) For the efficient implementation of measures for building clean apartment houses, the Mayor may perform pilot projects related to the management of multi-family housing, projects for community vitalization within a multi-family housing complex, etc., and reimburse some of the necessary expenses pursuant to Article 43 (9) of the Housing Act.

Article 12 (Multi-Family Housing Management Committee) (1) The Mayor may establish the Multi-Family Housing Management Committee (hereinafter referred to as the "Committee") to seek legal and accounting advice, etc. when he/she pursues measures for building clean apartment houses.
(2) The Committee shall be comprised of up to 15 members, including legal experts, accounting experts, civic organizations, public officials, etc.
(3) With respect to a member who attends a meeting of the Committee or a member who reviews agenda items of the Committee at the request of the Committee, allowances, etc. may be provided to such member, within the budget in accordance with the Seoul Metropolitan Government Ordinance on the Payment of Allowances and Travel Expense for Committees: Provided, That this shall not apply when a member who is a public official attends a meeting of the Committee in direct relation to his/her competent official duties.

Article 13 (Establishment and Operation of Multi-Family Housing Management Support Center) (1) The Mayor may establish and operate the multi-family housing management support center (hereinafter referred to as the "support center") in order to support the efficient implementation of measures for building clean apartment houses.
(2) The support center may conduct the following duties:
1. Matters related to the receipt and investigation of, civil petitions;
2. Matters related to the examination on the appropriateness of maintenance fees;
3. Matters related to technical support for long-term repair plans;
4. Matters related to consultation on the calculation of standard construction costs for building, civil engineering, facilities, landscaping, etc.;
5. Matters related to the establishment of policies for multi-family housing management and for education and publicity;
6. Inspections on the management of multi-family housing and support for inspections conducted by an autonomous Gu;
7. Matters related to the operation of the Comprehensive Information Center under the General Standards for the Seoul Metropolitan Government Regulation on the Management of Multi-Family Housing;
8. Other matters deemed necessary.

Article 14 (Establishment and Operation of Multi-Family Housing Counseling Center) The Mayor may establish and operate a multi-family housing counseling center in the support center prescribed in Article 13 for consultation on matters related to the management of multi-family housing by occupants, etc. and managing body.

Article 15 (Work Cooperation) Where it is necessary to formulate and execute a comprehensive plan or to conduct an inspection on the management of multi-family housing, the Mayor may request cooperation from autonomous Gus, public institutions, corporations, organizations, occupants, or managing bodies; any one in receipt of such request for cooperation shall comply therewith unless any extenuating circumstance exists.

Article 16 (Establishment of Cooperative System) In implementing measures for building clean apartment houses, the Mayor may establish a collaborative system by concluding an agreement, etc. for receiving systematic support from related experts or organizations.

Article 17 (Official Commendation) (1) The Mayor may grant official commendation to any individual or organization whose service in the establishment of clean apartment houses is highly regarded.
(2) With respect to the detailed procedures under paragraph (1), the Seoul Metropolitan Government Ordinance on Official Commendation shall apply.

Article 18 (Entrustment of Duties) (1) The Mayor may entrust parts of the projects stipulated in this Ordinance to related specialized institutions or organizations in accordance with the Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to the Private Sector.
(2) Where the Mayor entrusts duties, he/she may appoint a relevant public official to conduct a regular inspection, at least once annually, regarding matters related to the subsidization of project expenses, and provide guidance or conduct inspections as necessary.

Article 19 (Enforcement Rule) Necessary matters concerning the enforcement of this Ordinance shall be prescribe by rule.