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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON USE AND MANAGEMENT OF SEOUL PLAZA

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary for the usage and management of the Seoul Plaza, so that it can be utilized by citizens for wholesome recreational and cultual activities as well as events, assemblies, and demonstrations in the public interest. <Amended by Ordinance No. 5031, Sep. 27, 2010>
[This Article Wholly Amended by Ordinance No. 4774, May 28, 2009]

Article 2 (Definitions) Terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 5031, Sep. 27, 2010; Ordinance No. 5380, Nov. 1, 2012>
1. The term "use" means activities that restrict many unspecified citizens's free use of the Seoul Plaza (hereinafter referred to as the "Plaza") by using a part or the whole of the Plaza;
2. The term "person who files a report" means a person who intends to use the Plaza in his/her name and on his/her own responsibility;
3. The term "user" means a person who intends to use the Plaza in accordance with this Ordinance after filing a report on the use of the Plaza.
[This Article Wholly Amended by Ordinance No. 4774, May 28, 2009]

Article 3 (Management) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall keep the conditions of the Plaza appropriate for citizens to walk freely therein.
(2) The Mayor shall maintain the Plaza properly so that it can be used by citizens as a space for wholesome recreational and cultual activities as well as events, assemblies, and demonstrations in the public interest.
[This Article Wholly Amended by Ordinance No. 4774, May 28, 2009]

Article 4 (Entrusted Operation) (1) The Mayor may fully or partially entrust a legal entity or an individual with affiairs for the management of the Plaza. <Amended by Ordinance No. 5031, Sep. 27, 2010>
(2) As to the procedures and methods necessary for the entrustment under paragraph (1), the Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to the Private Sector shall apply mutatis mutandis.
[This Article Newly Inserted by Ordinance No. 4774, May 28, 2009]

Article 5 (Report on Use) (1) A person who files a report shall submit a report on the use of the Plaza in attached Form stating the purpose of the use thereof, the date and time, his/her name and address, the number of persons who are scheduled to use the plaza, a safety management plan, etc. to the Mayor on the date he/she intends to use the Plaza or during the period from 90 days to 5 days before the date of the commencement of the use thereof (hereinafter referred to as "date of use"). <Amended by Ordinance No. 5824, Jan. 2, 2015>
(2) In case of an annual commemorative event or event requiring thorough preparation in advance and public relations, notwithstanding paragraph (1), the Mayor may specially prescribe methods of filing a report on the use of the Plaza and of accepting the report thereon within a period not exceeding 30 days a year.
(3) The Mayor shall openly receive reports on the use of the Plaza for the following year during a certain period every year pursuant to paragraph (2) and determine the dates persons who file reports use the Plaza in advance following deliberation by the Seoul Metropolitan Citizens' Committee for Operation of Open Plaza (hereinafter referred to as the "Committee") under the Seoul Metropolitan Ordinance on the Establishment and Operation of Citizens' Committee for Operation of Open Plaza.
(4) Necessary matters concerning the methods of filing a report on the use of the Plaza and of accepting the report thereon under paragraphs (2) and (3), and matters to be disclosed shall be prescribed by rule.
[This Article Wholly Amended by Ordinance No. 5380, Nov. 1, 2012]

Article 6 (Acceptance of Report on Use) (1) Where a report on the use of the Plaza under Article 5 is filed, the Mayor shall accept such report, in principle: Provided, That where the report on the use of the Plaza falls under any of the following, the Mayor may choose not to accept the report after hearing the opinion from the Committee: <Amended by Ordinance No. 5380, Nov. 1, 2012>
1. Where the use of the Plaza is against the purposes of the creation of the Plaza or the use thereof is restricted pursuant to other statutes and regulations;
2. Where the use of the Plaza is likely to harm the body or life of citizens;
3. Where a person who files a report uses the Plaza for at least seven consecutive days for an event for the same purpose and overlaps with another event. <Amended by Ordinance No. 5380, Nov. 1, 2012>
(2) When accepting reports on the use of the Plaza pursuant to paragraph (1), reports on the use thereof shall be accepted in order of reports filed where the date of use overlaps, and a report on any of the following events may be accepted first: Provided, That where reports are in the same order, the order of reports shall be adjusted in consultation with persons who file such reports, and where they fail to make the adjustment thereof, the Mayor may decide to accept reports on the use of the Plaza after hearing opinion from the Committee: <Amended by Ordinance No. 5380, Nov. 1, 2012>
1. An event held by the central government or a local government for public interest;
2. An event for which an assembly report has already been filed in accordance with the Assembly and Demonstration Act;
3. A cultural or art event, such as a performance and an exhibition;
4. An event for children or youths;
5. Any other event recognized by the Committee as an "event for public interest."
(3) The Mayor shall not discriminate any person filing a report on the use of the Plaza on the grounds of his/her gender, disability, political ideology, religion, or such. <Amended by Ordinance No. 5380, Nov. 1, 2012>
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

Article 7 (Notification in Response to Report on Use) (1) Where the Mayor receives a report on the use of the Plaza, he/she shall notify a person who files a report within 48 hours whether he/she accepts the report, and the person who files the report thereon shall comply with conditions of acceptance. <Amended by Ordinance No. 6386, Jan. 5, 2017>
(2) Where the Mayor chooses not to accept a report on the use of the Plaza, he/she shall notify a person who files such report of his/her decision, specifying grounds therefor.
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

Article 8 (Alteration or Revocation of Details of Report Accepted) Where extenuating circumstances, such as cases where it is clearly expected that the use of the Plaza is likely to harm the body, life, or property of citizens, occur after accepting a report on the use of the Plaza pursuant to Article 7, the Mayor may alter or revoke the details of the report accepted after hearing opinion from the Committee. In such cases, the Mayor shall immediately notify the user thereof . <Amended by Ordinance No. 5380, Nov. 1, 2012>
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

Article 9 (Cessation of Use) The Mayor may force a user to cease the usage of the Plaza in any of the following events: <Amended by Ordinance No. 5031, Sep. 27, 2010>
1. If the Plaza is used for any purpose other than the reported purpose of usage;
2. If the user breaches its obligations prescribed by rule.
[This Article Wholly Amended by Ordinance No. 4774, May 28, 2009]

Article 10 (Collection of and Exemption from User Fee) (1) The Mayor shall collect the user fees prescribed by rule from users within the extent set out in the Table attached hereto.
(2) A user shall pay the user fee under paragraph (1) within five days from the day on which he/she receives the notice of the acceptance of the usage report: Provided, That the user fee shall be paid by the day immediately before the date of usage, if the acceptance of the usage report has been notified by no earlier than four days before the date of usage. <Amended by Ordinance No. 5031, Sep. 27, 2010>
(3) No user fee for the Plaza which has not been used, shall be refunded even if the date of use lapses: Provided, That where a person who files a report fails to use the Plaza on the date of use without cause attributable to him/her, the Mayor shall return the user fee and added interest prescribed by Article 82 of the Public Property and Commodity Management Act to him/her. <Amended by Ordinance No. 5031, Sep. 27, 2010; Ordinance No. 5380, Nov. 1, 2012; Ordinance No. 6386, Jan. 5, 2017>
(4) Where a person who files a report on the use of the Plaza revokes the use thereof before the date he/she uses the Plaza due to his/her circumstances, the Mayor shall return a user fee paid to him/her after deducting ten percent of the user fee. <Newly Inserted by Ordinance No. 5380, Nov. 1, 2012>
(5) Notwithstanding paragraph (1), the Mayor may exempt a user from the user fee in any of the following cases: <Amended by Ordinance No. 5380, Nov. 1, 2012>
1. If an event is held by the central government or a local government;
2. If the Mayor considers it necessary for the promotion of cultural or art activities, or any other public interest.
(6) If a user fails to pay the user fee by the deadline under paragraph (2), the acceptance of the use report shall become ineffective. <Newly Inserted by Ordinance No. 5031, Sep. 27, 2010; Ordinance No. 5380, Nov. 1, 2012>
(7) Except as otherwise provided for in this Ordinance, the Article 140 of the Local Autonomy Act shall apply to the procedures for collecting user fees and filing an objection. <Amended by Ordinance No. 5031, Sep. 27, 2010; Ordinance No. 5380, Nov. 1, 2012>
[This Article Wholly Amended by Ordinance No. 4774, May 28, 2009]

Article 11 (Restoration to Original State, etc.) (1) After using the Plaza, a user shall remove structures temporarily installed, clean the Plaza, and take other measures necessary to reinstate it.
(2) If the use of the Plaza has caused any damage to the Plaza, the Mayor may request the user to compensate for the damage or take any equivalent measure.
[This Article Wholly Amended by Ordinance No. 4774, May 28, 2009]

Article 12 (Measures for Removal, etc.) (1) Where occupancy and use of the Plaza without permission interferes with the use of the Plaza by a person who files a report or the free movement of citizens, the Mayor may order the removal of structures or take necessary measures.
(2) Where a person who receives an order under paragraph (1) fails to comply with such order, the Mayor may remove structures and collect expenses incurred in removing such structures from him/her pursuant to the Administrative Vicarious Execution Act.
[This Article Newly Inserted by Ordinance No. 5638, Jan. 9, 2014]

Article 13 (Application Mutatis Mutandis) Except as otherwise provided for in this Ordinance, the Public Property and Commodity Management Act and other relevant statutes and regulations shall apply mutatis mutandis as to the use and management of the Plaza.
[This Article Wholly Amended by Ordinance No. 4774, May 28, 2009]

Article 14 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule.
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

- Table 0 (Standards for user fees for use of Plaza(Pursuant to Article 10))

- Form 0 (Report on the use of the Seoul Plaza)