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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROMOTION OF SOCIAL ENTERPRISES

Article 1 (Purpose) The purpose of this Ordinance is to contribute to the integration of communities and improvement in the quality of life of residents by enhancing social services and creating new jobs through the promotion of and support to social enterprises and Seoul-type social enterprises in accordance with the Social Enterprise Promotion Act. <Amended by Ordinance No. 5217, Jan. 5, 2012; Ordinance No. 5450, Mar. 28, 2013>

Article 2 (Definitions) The definitions of terms used in this Ordinance shall be as follows: <Amended by Ordinance No. 5450, Mar. 28, 2013; Ordinance No. 6093, Jan. 7, 2016>
1. The term "social enterprise" means an enterprise referred to in subparagraph 1 of Article 2 of the Social Enterprise Promotion Act (hereinafter referred to as the "Act");
2. The term " Seoul-type social enterprise" means an enterprise which is yet uncertified as a social enterprise referred to in subparagraph 1, but is substantiated as a social enterprise, such as provision of social services, provision of jobs to vulnerable social groups, etc., and is designated by the Seoul Metropolitan Government for conversion and promotion as a social enterprise;
3. The term "vulnerable social groups" means classes in subparagraph 2 of Article 2 of the Act;
4. The term "social services" means services in subparagraph 3 of Article 2 of the Act;
5. The term " associated enterprise" means an enterprise in subparagraph 4 of Article 2 of the Act.

Article 3 (Deliberation on Matters concerning Social Enterprises, etc.) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall send matters for deliberation regarding promotion of social enterprises, Seoul-type social enterprises, etc., formulation and evaluation of an execution plan by year, and operation of and support to such enterprises, before the Social Economy Committee established under the Seoul Metropolitan City Framework Ordinance on Social Economy: <Amended by Ordinance No. 5217, Jan. 5, 2012; Ordinance No. 5355, Sep. 28, 2012; Ordinance No. 6061, Jan. 7, 2016>
1. through 4. Deleted. <by Ordinance No. 5355, Sep. 28, 2012>
(2) through (7) Deleted. <by Ordinance No. 5355, Sep. 28, 2012>

Article 4 (Plan for Promotion of Social Enterprises) (1) The Mayor shall formulate and execute a promotion plan of social enterprises (hereinafter referred to as "promotion plan") of the Seoul Metropolitan Government to enhance social services and create jobs.
(2) A promotion plan referred to in paragraph (1) shall include the following matters: <Amended by Ordinance No. 5217, Jan. 5, 2012; Ordinance No. 6061, Jan. 7, 2016>
1. Guidelines for the promotion of and support to social enterprises, etc.;
2. Social services provided through social enterprises and target levels of employment to be created through such social services;
3. Discovering and promoting social enterprises;
4. Matters concerning the establishment of infrastructure and the creation of conditions for vitalization of social enterprises, etc.;
5. Matters concerning management support to social enterprises, etc.;
6. Matters concerning training of managerial human resources and education and training of employees of social enterprises, etc.;
7. Matters concerning securing finance for, and financial support to social enterprises, etc.;
8. Matters concerning the improvement of sustainability, such as assistance in finding markets and facilities of social enterprises, etc.;
9. Matters concerning cooperation among agencies related to social enterprises;
10. Matters concerning social enterprises support organization;
11. Matters concerning preferential purchase from social enterprises;
12. Matters concerning the provision of preferential opportunity at the time of entrustment of administrative affairs of the Seoul Metropolitan Government to private sectors;
13. Other matters necessary for the promotion of and support to social enterprises, etc.
(3) The Mayor shall formulate and execute an execution plan by year in accordance with a promotion plan.
(4) Upon termination of the planned term of a promotion plan referred to in paragraph (1) or an execution plan by year referred to in paragraph (3), the Mayor shall evaluate the outcomes, etc. of the relevant plan and reflect the matters requiring improvement in the plan for the following year. <Amended by Ordinance No. 5217, Jan. 5, 2012>

Article 5 (Designation, etc. of Seoul-Type Social Enterprises) (1) The Mayor may designate a Seoul-type social enterprise from among organizations which are able to develop into social enterprises by separately determining the standards which have relaxed the requirements referred to in Article 8 of the Act and Article 9 of the Decree, and formulate and execute policies for support and promotion leading to it converting to a social enterprise. <Amended by Ordinance No. 5217, Jan. 5, 2012; Ordinance No. 5450, Mar. 28, 2013>
(2) Necessary matters concerning the requirements, procedures for and cancellation of designation of a Seoul-type social enterprise referred to in paragraph (1) shall be prescribed by the Rules. <Amended by Ordinance No. 5217, Jan. 5, 2012

Article 6 (Management Support, etc.) (1) The Mayor may provide support necessary for the establishment and operation of social enterprises, etc. in accordance with Article 14 of the Seoul Metropolitan City Framework Ordinance on Social Economy (hereinafter referred to as the “Framework Ordinance”). <Amended by Ordinance No. 6386, Jan. 5, 2017>
(2) If the Mayor provides education and training for the development of professional manpower necessary for the establishment and operation of social enterprises and for the improvement of capability of workers of social enterprises, it shall be governed by Article 16 of the Framework Ordinance.
[This Article Wholly Amended by Ordinance No. 5883, May 14, 2015]

Article 6-2 Deleted. &#lt;by Ordinance No. 5883, May 14, 2015&#gt;

Article 7 (Support of Cost of Equipment, etc.) (1) The Mayor may subsidize, or grant loans for, the expenses for the purchase of a site and the cost of equipment, etc. necessary for the establishment and operation of social enterprises, etc. in accordance with the related statutes, or preferentially lease public land or mitigate the use fee, etc. pursuant to the Seoul Metropolitan Government Ordinance on the Management of Public Property and Commodities. <Amended by Ordinance No. 5217, Jan. 5, 2012>
(2) The Mayor may transfer unused articles, etc. to social enterprises, etc. free of charge.

Article 8 (Financial Support) (1) Where the Mayor deems it necessary for self-sufficiency of social enterprises, etc., he/she may give financial support within the extent of budget.
(2) Procedures for providing financial support referred to in paragraph (1) and required documents, business performance report, cancellation of support and procedures for collection, etc, shall be prescribed by the Rules.
(3) and (4) Deleted. <by Ordinance No. 5217, Jan. 5, 2012>

Article 9 (Promotion of Preferential Purchase) (1) The Mayor or the head of an entity affiliated with the Seoul Metropolitan Government shall promote preferential purchase of goods produced or services rendered by social economic enterprises when contracting for construction, manufacture or purchase of articles, or services, in accordance with Article 8 of the Seoul Metropolitan Government Ordinance on Facilitation of Purchase of Social Economic Enterprise-Manufactured Products and Support for Development of Their Markets. <Amended by Ordinance No. 6093, Jan. 7, 2016>
(2) The Mayor or the head of an entity affiliated with the Seoul Government shall include separate purchase plans for goods produced or services rendered by social economic enterprises, when preparing a purchase plan under Article 5 (1) of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets.
[This Article Wholly Amended by Ordinance No. 5678, Mar 20, 2014]

Article 9-2 (Provision of Preferential Opportunity of Business Entrusted to Private Sectors) The Mayor may treat social enterprises, etc. preferentially in accordance with related regulations when entrusting the administrative affairs of the Seoul Metropolitan Government to private sectors.
[This Article Newly Inserted by Ordinance No. 5217, Jan. 5, 2012]

Article 10 (Reduction and Exemption of City Taxes) The Mayor may reduce and exempt city taxes imposed on social enterprises, etc. as prescribed by the Local Tax Act and Seoul Metropolitan Government Ordinance on Tax Reduction or Exemption.

Article 10-2 (Support by Characteristics) (1) The Mayor may assist in the finance or social insurances, etc. by characteristics of social enterprises, such as creation of employment of vulnerable social groups, provision of social services for vulnerable social groups, or vitalization of local communities.
(2) The Mayor may assist the social enterprises, etc. the main purpose of which is to create employment of vulnerable social groups with the employment subsidy.
(3) The Mayor may provide the social enterprises, etc. that provide social services to vulnerable social groups with preferential opportunity to participate in voucher business, entrustment of administrative affairs of the Seoul Metropolitan Government to private sectors, etc., in accordance with the related regulations.
(4) The Mayor may provide the social enterprises, etc. the main purpose of which is to vitalize local communities with preferential opportunity to participate in the local community projects, etc. in accordance with the related regulations.
(5) Matters necessary for the implementation of matters prescribed in paragraphs (1) through (4) shall be prescribed by the rule.
[This Article Newly Inserted by Ordinance No. 5217, Jan. 5, 2012]

Article 11 (Expansion of Participation of Private Enterprises, etc.) The Mayor shall formulate measures referred to in the following subparagraphs so that private enterprises or organizations, etc. in a district may participate in the establishment and operation of social enterprises, etc.:
1. Support for the establishment and operation of exchange and cooperation networks among private enterprises and organizations in a district;
2. The expansion of support to participating enterprises for vitalization of associated enterprises.

Article 12 (Public Relations, etc.) The Mayor may formulate measures referred to in the following subparagraphs to help residents in a district to boost understanding on social enterprises, etc.:
1. Support for the discovery of role models in the district and for the proliferation of such roles;
2. Support for the improvement in the quality of goods and services of social enterprises, etc. in the district and for public relations;
3. The proliferation of perception on social enterprises, etc. by holding expert forums and workshops, etc.

Article 13 (Guidance and Supervision) (1) The Mayor may have Seoul-type social enterprises, etc. report the necessary matters, or may conduct the inspection of documents and facilities necessary for guidance and supervision. <Amended by Ordinance No. 5450, Mar. 28, 2013>
(2) When any matter is deemed illegally or wrongfully handled as a result of a report or inspection conducted under paragraph (1), the Mayor shall take necessary measures for the correction thereof.
(3) Where a social enterprise, etc. has used any subsidy in contravention of the purpose of the support, the Mayor may change or revoke his/her decision on payment of the subsidy or redeem the subsidy already paid.
(4) In taking corrective dispositions under paragraph (2) or (3), the Mayor shall notify the relevant enterprise thereof in writing and give an opportunity to state its opinion in advance.
[This Article Newly Inserted by Ordinance No. 5217, Jan. 5, 2012]

Article 14 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule. <Amended by Ordinance No. 5450, Mar. 28, 2013>
[This Article Newly Inserted by Ordinance No. 5217, Jan. 5, 2012]

ADDENDUM
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5110, Jul. 28, 2011>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 5208, Dec. 29, 2011>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on January 1, 2012.
Article 2 Omitted.
ADDENDUM <Ordinance No. 5217, Jan. 5, 2012>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 5355, Sep. 28, 2012>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Repeal of other Ordinance)
The Seoul Metropolitan Government Ordinance on the Regional Economic Council shall be repealed.
Article 3 (Transitional Measures)
Matters consulted with or deliberated or handled by the Regional Economic Council and the Social Enterprises Promotion Committee of the Seoul Metropolitan Government under the former provisions shall be deemed conducted under this Ordinance.
Article 4 Omitted.
ADDENDA <Ordinance No. 5450, Mar. 28, 2013>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 5678, Mar. 20, 2014>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 5709, May 14, 2014>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Ordinance No. 5883, May 14, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 6061, Jan. 7, 2016>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 6093, Jan. 7, 2016>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6097, Jan. 7, 2016>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6386, Jan. 5, 2017>
This Ordinance shall enter into force on the date of its promulgation.