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SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON THE ESTABLISHMENT AND OPERATION OF INSTITUTIONS RELATED TO WOMEN

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Rule is to prescribe matters authorized under the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Institutions Related to Women and matters necessary for the implementation thereof.

Article 2 (Relationship with Other Rules) Except for cases specially prescribed by other Rules, this Rule shall apply to the establishment and operation of institutions related to women of Seoul Metropolitan City (hereinafter referred to as "institutions related to women").

CHAPTER II WOMEN'S PLAZA Article 3 (Functions of Women's Plaza) The main functions of a women's plaza shall be as follows:
1. Support of the space for women's activities for revitalization of women's exchange and cooperation;
2. Support of the space for women's education for strengthening ability of women;
3. Support of the space for economic activities for starting a business and improvement of economic ability of women;
4. Support of the space for exhibitions, performances, etc. for revitalization of a women-friendly culture and art;
5. Support of other women-friendly space, such as the improvement of women's informatization, etc.

Article 4 (Installation of Facilities) Facilities which may be installed in a women's plaza shall be as follows:
1. Fundamental facilities: An international convention hall, art hall, conference rooms, seminar rooms, audio and visual rooms and lecture rooms;
2. Incidental facilities: Pianos, acoustics, projectors, lighting fixtures, stage setting, etc.;
3. Available facilities: A swimming pool, fitness center, parking lot, accomodations (training facilities), etc.;
4. Other facilities installed because the Mayor deems them necessary.

Article 5 (Imposition and Collection of Fees for Use) Fees for use of a women's plaza pursuant to Article 21 (1) 1 of Seoul Metropolitan Government Ordinance on the Establishment and Operation of Institutions Related to Women (hereinafter referred to as the "Ordinance") shall be as set out in attached Table 1.

Article 6 (Refund of Fees for Use) (1) Where the Seoul Metropolitan City Mayor (hereinafter referred to as the "Mayor") cancels or suspends permission to use or restricts the use thereof (in cases of physical training facilities, such as a swimming pool, fitness center, etc., including cases where the relevant facilities are not used at the request of a user) owing to compelling reasons, such as the security of women's plaza, etc., pursuant to Article 23 of the Ordinance, he/she shall refund fees for use falling under the unused period.
(2) Cases where a person who has obtained permission to use requests the suspension of use before the date of commencement of use shall be as follows: <Amended by Ordinance No. 3999, Nov. 6, 2014>
1. Where he/she requests on the day of commencement of use: no fee for use shall be refunded;
2. Where he/she requests within 20 days before the date of commencement of use: 50 percent of a fee for use shall be refunded;
3. Where he/she requests within 30 days before the date of commencement of use: 70 percent of a fee for use shall be refunded;
4. Where he/she requests not later than 31 days before the date of commencement of use: 100 percent of a fee for use shall be refunded.

CHAPTER III WOMEN'S ABILITY DEVELOPMENT INSTITUTE Article 7 (Functions of Women's Ability Development Institute and Installation of Facilities) (1) The main functions performed by a women's ability development institute shall be as follows: <Amended by Ordinance No. 3980, Jul. 31, 2014>
1. Overall management, adjustment of and support for women's development centers and woman resources development centers:
(a) Evaluation of the outcomes of the operation of women's development centers and woman resources development centers;
(b) Establishment and operation of networks among women's development centers and woman resources development centers;
(c) Formulation and execution of an educational plan for training of talented women and the promotion of welfare of women and the conduct of business therefor;
(d) Development and spread of promising occupations and specialized programs for women;
(e) Operation of programs to strengthen ability of instructors and employees;
(f) Overall management of woman venture incubation centers by district;
(g) Support of other educational projects and performance of affairs of vocational training institutions;
2. Evaluation of the outcomes of the operation of women's development centers and women's resources development centers;
3. Establishment and operation of networks among women's development centers and women's resources development centers;
4. Formulation and execution of an educational plan for training talented women and the promotion of welfare of women; and the conduct of business therefor;
5. Development and spread of promising occupations and specialized programs for women;
6. Operation of programs to strengthen ability of instructors and employees;
7. Promotion of starting a business of women and support of fostering women's enterprises;
8. Support for other educational projects and performance of affairs of other vocational training institutions.
(2) Deleted. <by Ordinance No. 3980, Jul. 31, 2014>.

Article 8 (Formation of Organization) (1) A women's ability development institute shall employ regular employees referred to in the following subparagraphs:
1. The head of a women's ability development institute (hereinafter referred to as the "head of an institution");
2. A person in charge of education and training;
3. A person who consults about obtaining employment;
4. A person in charge of general affairs and accounting;
5. Other employees necessary for operation.
(2) The representative of the main body of operation of an institution shall obtain approval of the Mayor on the appointment and dismissal of the head of an institution, and the Mayor may request a juridical person or organization to dismiss the head of an institution where he/she finds disqualifications in him/her.
(3) The age limit of the head of an institution shall be 65 years of age.
(4) The representative of the main body of operation of an institution or the head of an institution shall report the appointment and dismissal of an employee to the Mayor within 15 days in Form 1.

Article 9 (Qualifications for Employees) The head of an institution and employees among the personnel of a women's ability development institute shall be persons who have qualifications prescribed by the following subparagraphs: <Amended by Ordinance No. 3980, Jul. 31, 2014>
1. The head of an institution:
(a) A person who has been engaged in the field related to women resources development, support for obtaining employment and participation in a community of women for at least five years;
(b) A person who is not the representative of the main body of operation and is not engaged in business for profit;
2. An employee:
(a) A holder of a certificate of lifelong education instructor or a college degree of the relevant department;
(b) A holder of a certificate of occupation consultant or a training teacher's certificate of vocational ability development;
(c) A person who finished education related to duties such as an occupation consulting and a training for vocational education for at least three months;
3. A professional consultant related to getting a job and starting a business:
(a) A holder of a certificate of occupation consultant class 1 or class 2 under the National Technical Qualifications Act;
(b) A professional consultant who has experience in employment or consultation for not less than one year.

Article 10 (Formulation and Execution of Operating Plan) (1) The head of an institution shall prepare the relevant plan for operating business and budget pursuant to subparagraph 2 of Article 4 of the Ordinance by the end of January every year according to Form 2 and Form 3, submit the plan to the Mayor, and obtain approval from the Mayor. The same shall also apply to where he/she changes the plan for operation.
(2) The head of an institution shall conduct its business according to the plan for operating business formulated pursuant to paragraph (1).
[This Article Newly Inserted by Ordinance No. 3980, Jul. 31, 2014]

Article 11 (Operating Committee) (1) Pursuant to Article 26 (4) of the Ordinance, the members shall be appointed by the chairperson from among the following persons, and an auditor shall be an expert in accounting:
1. A representative of women of the relevant district;
2. A company representative;
3. A public official of a local government;
4. A person of other related organization;
5. An expert in accounting.
(2) The term of office of the chairperson and a member shall be two years, both of whom may be reappointed until the entrusted period.
(3) The chairperson shall call a meeting of the operating committee at least once a quarter.
(4) A meeting of the operating committee shall be held by attendance of the majority of the incumbent members and its resolutions shall be passed with the consent of the majority of the present members.
(5) The operating committee shall consult on the following matters, and the main body of business shall reflect the result of consultation in a plan of operation positively:
1. Formulation of a yearly plan of operation;
2. A plan for development of women's ability;
3. Matters concerning the appointment and dismissal of employees;
4. A plan for use of a surplus of profits of the fiscal year;
5. Matters concerning the management of credit related to security money for lease;
6. Other matters the chairperson deems necessary.
[This Article Newly Inserted by Ordinance No. 3980, Jul. 31, 2014]

CHAPTER IV WOMEN'S DEVELOPMENT CENTER Article 12 (Functions of Women's Development Center and Installation of Facilities) (1) The main functions performed by a women's development center shall be as follows: <Amended by Ordinance No. 3980, Jul. 31, 2014>
1. Establishment and operation of the courses of study, such as vocational education, etc. necessary for improvement of economic power through getting a job and starting a business and for development of ability of women;
2. Projects to support for employment and starting a business:
(a) Provision of information, consultation, services, support for the use of a place and equipment related to getting a job and starting a business;
(b) Support for other projects the Mayor deems necessary;
3. Counseling and consulting on obtaining employment to provide job search assistance to women;
4. Promotion of starting a business of women and support for fostering women's enterprises;
5. Support for the use of facilities to support volunteer work and activities for participation in a community of regional women's organizations and individuals;
6. Operation of a nursery for childcare;
7. Operation of other facilities deemed necessary for improvement of welfare and participation in a community of women.
(2) A women's development center may have teaching rooms and lecture rooms, conference rooms, a counseling office and library, nursing room, exhibition room, auditorium, physical training facilities, such as a swimming pool, etc., mess hall and women's venture incubation center, and other facilities when the Mayor deems necessary. <Amended by Ordinance No. 3980, Jul. 31, 2014>

Article 13 (Formation, etc. of Organization) The provisions of Articles 8 through 11 shall apply mutatis mutandis to overall management, such as the formation of organization, qualifications for employees, formulation of an operating plan, the operating committee, etc., of a women's development center. In such cases, a "women's ability development institute" shall be construed as a "women's development center".
[This Article Wholly Amended by Ordinance No. 3980, Jul. 31, 2014]

Article 14 (Qualifications for Training Instructors) A training instructor of vocational ability development shall be a person who has majored in the relevant field in a university or educational institution corresponding thereto, or has obtained a training teacher's certificate of vocational ability development class 3 or higher: Provided, That where he/she does not have a certificate in the relevant occupational category and field, a person who has been engaged in the relevant field for at least one year shall be a training instructor. <Amended by Ordinance No. 3980, Jul. 31, 2014>

Article 15 (Fees for Instructor) (1) The head of an institution shall determine fees for instructors through approval from the operating committee thereof.
(2) The representative of the main body of operation of an institution or the head of an institution shall report to the Mayor matters decided on fees for instructors when he/she reports the settlement of accounts of subsidies.

Article 16 (Capacity for Use) The head of an institution shall determine the capacity for use by facilities or by project of a women's development center with approval of the Mayor in consideration of the scale and capacity of the relevant facilities or project.
[This Article Wholly Amended by Ordinance No. 3980, Jul. 31, 2014]

Article 17 (Qualifications for Users) Those who may use a women's development centers shall be those falling under the following subparagraphs:
1. Educational work: A woman over 18 years old and living in Seoul Metropolitan City or a woman recommended by the head of social welfare facilities;
2. Nursing room: A child over two years old in full.
[This Article Wholly Amended by Ordinance No. 3980, Jul. 31, 2014]

Article 18 (Priority over Users) (1) The head of an institution may have persons falling under Article 14 (2) 1 through 6 of the Ordinance use a vocational education course conducted by a women's development center in preference to other applicants. In this case, the quota shall be up to 20 percent of the number of the relevant course.
(2) Where persons falling under the provisions of Article 14 (2) 1 through 5 of the Ordinance attend a course of study at least 60% of the number of days of the relevant education course, the head of an institution shall pay them the cost of materials for practical training within 20,000 won a month for each person and the meal costs within 30,000 won a month for each person in consideration of the number of days of attendance.
[This Article Newly Inserted by Ordinance No. 3980, Jul. 31, 2014]

Article 19 (Imposition and Collection of Fees for Use) The head of an institution shall determine fees for use of a women's ability development institute with approval from the operating committee within the extent of imposition standards referred to in attached Table 2 pursuant to Article 21 (1) 2 of the Ordinance.
[This Article Wholly Amended by Ordinance No. 3980, Jul. 31, 2014]

Article 20 (Refunding Fees for Use) Standards for Grievance Settlement of Consumers, Announcement No. 2009-1, of the Fair Trade Commission shall apply mutatis mutandis to the return of fees for use of facilities and a course of study pursuant to Article 23 of the Ordinance.

Article 21 (Scope of Use) A man or resident of another district may use a course of study of a women's ability development institute pursuant to subparagraph 3 of Article 5 of the Ordinance and the scope of such use shall be up to 20 percent of the quota for each course of study: Provided, That a course of study designated by other agencies other than the Seoul Metropolitan Government and being operated shall be excepted.
[This Article Wholly Amended by Ordinance No. 3980, Jul. 31, 2014]

Article 22 (Operation of Nursery) The period of operation of a nursing room shall be the period of education and operating hours shall be from 9:00 a.m. to 5:00 p.m. Where the head of an institution deems it necessary, he/she may extend or shorten the period of operation or operating hours, and take measures so that children of trainees may use it preferentially.

Article 23 (Operation of Women's Venture Incubation Center) A women's development center may have a women's venture incubation center and the regulations for operation of women's venture incubation centers shall apply to detailed matters concerning the operation thereof.
[This Article Wholly Amended by Ordinance No. 3980, Jul. 31, 2014]

Article 24 (Operating Committee of Women's Venture Incubation Center) (1) The head of Seoul Metropolitan Women's Development Center shall hold a concurrent office of the chairperson of the operating committee of women’s venture incubation center (hereinafter referred to as “committee”). <Amended by Ordinance No. 3980, Jul. 31, 2014>
(2) The chairperson shall represent and preside over the committee. Where the chairperson is unable to perform his/her duties due to unavoidable circumstances, he/she may appoint a person to perform his/her duties on his/her behalf from among the members. <Newly Inserted by Ordinance No. 3980, Jul. 31, 2014>
(3) The chairperson shall appoint the members of the committee and the number of members shall be up to ten persons. <Newly Inserted by Ordinance No. 3980, Jul. 31, 2014>
(4) The term of office of a member shall be two years and he/she may be reappointed. <Newly Inserted by Ordinance No. 3980, Jul. 31, 2014>
(5) Meetings of the committee shall be classified into regular meetings and provisional meetings. A regular meeting shall be held twice a year and a provisional meeting shall be held when the chairperson deems it necessary. <Newly Inserted by Ordinance No. 3980, Jul. 31, 2014>
(6) The committee shall deliberate on the following matters: <Newly Inserted by Ordinance No. 3980, Jul. 31, 2014>
1. Matters concerning deliberation on the operation and rules of a venture incubation center;
2. Matters concerning the main projects of a venture incubation center;
3. Matters concerning charges for use, such as management expenses, etc., of a venture incubation center;
4. Matters concerning permission to use a venture incubation center;
5. Matters concerning the extension of the period for use of a venture incubation center;
6. Matters concerning the cancellation of a venture incubation center.
(7) The chairperson shall determine other matters necessary for the operation of the committee through deliberation of the committee. <Newly Inserted by Ordinance No. 3980, Jul. 31, 2014>

CHAPTER V WOMAN RESOURCES DEVELOPMENT CENTER Article 25 (Functions of Women's Resources Development Center) The main functions performed by a woman resources development center shall be as follows:
1. Establishment and operation of vocational education and social and cultural education programs necessary for improvement of economic power through getting a job or starting a business and development of ability of women;
2. Provision of information, consultation, services, etc. related to obtaining employment and starting a business;
3. Counseling and consulting on obtaining employment to provide job search assistance to women;
4. Support for use of facilities for support for volunteer work and activities for participation in a community of women in the district.

Article 26 (Installation of Facilities) A woman resources development center may have lecture rooms and practice rooms, conference rooms, a counseling office, childcare room, auditorium and other facilities the Mayor deems necessary.

Article 27 (Formation, Etc. of Organization) The provisions of Articles 8 through 13 shall apply mutatis mutandis to the formation of organization of a woman resources development center, qualifications for employees, qualifications for training instructors, fees for instructors, formulation of an operating plan and the operating committee, etc. In such cases, a "women's ability development institute" shall be construed as a "woman resources development center".

Article 28 (Removal of Institution) The Mayor may decide to remove an institution according to a change in the situation, such as a change in regional circumstances and a building in which it is located, at the request of the main body of operation of the institution or ex officio.

Article 29 (Measures, Etc. Related to Subsidizing Working Expenses) (1) Where the main body of operation of an institution leases a building instead of its own building in the process of the establishment of a woman resources development center, it shall take measures for securing credit for subsidies, such as the establishment of the right to collateral security in the priority order or registration of the establishment of the right to lease on a deposit basis corresponding thereto, etc., and it shall bear expenses incurred in the same procedures.
(2) The main body of operation shall bear expenses incurred in the establishment and operation of a woman resources development center excluding a subsidy of the Seoul Metropolitan Government (hereinafter referred to as "subsidy").
(3) Where the main body of operation intends to change details of a contract for lease of the relevant institution, it shall consult with the Mayor in advance.

Article 30 (Application for Grant of Subsidy and Decision of Grant) (1) The main body of operation shall file an application for appropriation of a subsidy in the budget with the Mayor in Form 4 in the year before the relevant fiscal year, and file an application for grant of a subsidy with the Mayor in Form 5 within the fixed period when it applies for grant of a subsidy.
(2) Where an application for a subsidy pursuant to paragraph (1) is filed, the Mayor shall examine matters referred to in the following subparagraphs and decide whether to grant a subsidy according to Form 6:
1. Whether it satisfies the purpose of Acts and subordinate statues and the budget;
2. Whether details of a project subsidized are appropriate;
3. Whether there is a mistake in the calculation of the amount;
4. In case of the new establishment and moving to another place, whether expenses for interior facilities incurred in the preparation of the opening of an institution has been secured.

Article 31(Cancellation of Decision to Grant Subsidy) (1) Where the Mayor deems it especially necessary due to a change in circumstances which has occurred after a decision to grant a subsidy of the Seoul Metropolitan Government, he/she may change details of a decision to grant or cancel the whole or part of the decision as prescribed by the Act on the Budgeting and Management of Subsidies, except where a subsidized project in progress or already completed.
(2) Where the main body of operation uses a subsidy for other purpose, violates the provisions of Acts and subordinate statutes, details of a decision to grant a subsidy or disposition by Acts and subordinate statutes, receives a subsidy by a false application or other unlawful means, the Mayor may cancel the whole or part of his/her decision to grant a subsidy.
(3) Where it is not necessary to continue a subsidized project because business performance is poor, the Mayor may cancel his/her decision to grant a subsidy.
[This Article Newly Inserted by Ordinance No. 3980, Jul. 31, 2014]

Article 32 (Return of Subsidy) In any of the following cases, the main body of operation of business shall return the whole or part of a subsidy:
1. Where its business is completed or terminated;
2. Where the whole or part a decision to grant a subsidy is cancelled pursuant to Article 31;
3. Where a subsidy has been determined pursuant to Article 30, a subsidy already granted exceeds the concluded amount;
4. Where there is the difference between support money of the existing security money for lease and expenses for the establishment of a transferred institution when transferring the institution pursuant to Article 28.
[This Article Newly Inserted by Ordinance No. 3980, Jul. 31, 2014]

Article 33 (Execution of Budget) (1) The main body of operation of business shall open an independent account for the budget including subsidies at a correspondent bank and divide its revenue and expenditure clearly by establishing special accounts, and shall not use subsidies for other purpose.
(2) Where the main body of operation of business intends to change details of a subsidy and use it for that purpose, it shall obtain approval of the Mayor.

Article 34 (Settlement of Accounts of Subsidies) (1) Where the main body of operation of business obtains approval of the completion or termination of business, it shall report performance of such business subsidized and a statement of accounts of subsidies according to Form No. 7 to the Mayor without delay.
(2) The Mayor shall examine whether the operational performance and details of settlement of accounts meet the relevant provisions and details of decisions to grant subsidies in accordance with paragraph (1). In such cases , where he/she deems it necessary, he/she may conduct spot investigations also.

CHAPTER VI SUPPLEMENTARY PROVISIONS Article 35 (Measures for Other Revenues) (1) The head of an institution related to women shall include revenues generated from the operation of the relevant institution in revenue account of the relevant year without fail.
(2) The head of a women's ability development institute and the head of a women's development center shall carry forward the net profit during the term generated in the preceding fiscal year to the relevant year.
(3) The head of a woman resources development center shall use the net profit during term generated in the preceding fiscal year to meet the aiming project.

Article 36 (Keeping of Books and Documents) The head of an institution shall record and administer books and documents referred to in the following subparagraphs and keep them for five years:
1. A record of the history of the relevant institution;
2. A plan of operation and the results of the promotion of business according to the plan of operation;
3. A list of names of applicants for lectures and other users;
4. A statement of receipt of expenses from users;
5. Personnel record cards of the head of an institution and employees (including curriculum vitae and photographs);
6. Books related to accounting (a book of revenue, a book of expenditure, expense reports, a file of receipts);
7. The articles of association, the regulations and related written resolutions of a body corporate, etc. to which an institution belongs;
8. A file of written reports and a file of documents of the related administrative agency;
9. A book of supervision of goods;
10. Other documents necessary for the operation of an institution related to women.

Article 37 (Guidance and Supervision) (1) The Mayor shall conduct a regular inspection on the overall operation of an institution related to women at least once a year pursuant to Article 29 of the Ordinance and may conduct occasional inspections when necessary.
(2) Where the Mayor finds any illegality or unjust matter as a result of the inspection pursuant to paragraph (1), he/she shall order the head of an institution to correct such an illegality or unjust matter in writing and confirm the result of the implementation thereof.

Article 38 (Regulations for Operation) The regulations for operation for each institution shall apply to other matters necessary for an institution related to women.

Article 39 (Regulations for Operation) The regulations for operation for each institution shall apply to other matters necessary for an institution related to women.