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 mandated by the Seoul Metropolitan Government Ordinance on Establishment and Operation of Youth Facilities, and matters necessary for the enforcement thereof. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 2 (Use of Another Name)
Where necessary, a person who operates a youth facility (hereinafter referred to as "operator") may specify and use another name of the relevant youth facility in addition to the name provided for in attached Table 1 of the Seoul Metropolitan Government Ordinance on Establishment and Operation of Youth Facilities (hereinafter referred to as the "Ordinance").
Article 3 (Field of Activities)
(1) A youth training center shall perform the function of providing a variety of youth training items, and its field of activities shall be as follows:
CHAPTER II USER FEES, ETC.
Article 4 (Collection of User Fees, etc.)
(1) In principle, an operator shall impose and collect user fees, etc. under Article 8 (1) of the Ordinance on a monthly basis within the limits prescribed in attached Table 2.
Article 5 (Reduction of or Exemption from User Fees)
Where a youth falls under subparagraphs 1 through 6 of Article 8 (2) of the Ordinance, he/she shall be exempted from the entire amount of a user fee, and the relevant operator shall separately manage evidential materials, etc. related thereto. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 6 (Return of User Fees)
(1) In any of the following cases, an operator shall fully return a user fee corresponding to the unused period pursuant to Article 8 (3) of the Ordinance: <Amended by Rule No. 4103, Jun. 30, 2016>
CHAPTER III ORGANIZATION AND HUMAN RESOURCE MANAGEMENT
Article 7 (Organization)
(1) A youth facility shall be organized in a way that it has a general manager under the head of the facility, who exercises overall control over and renders assistance in the operation of the facility, and establishes and operates teams according to affairs, as specified in attached Table 1. <Newly Inserted by Rule No. 4103, Jun. 30, 2016>
Article 8 (Human Resource Management)
Except as otherwise provided for in other statutes and regulations or ordinances and rules, the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall determine standards concerning human resource management, such as the employment, transfer, promotion, etc. of workers of youth facilities, by applying mutatis mutandis the Local Public Officials Act, the Regulations on Allowances, etc. for Local Public Officials, etc.
Article 9 (Standards for Employment of Workers)
Where an operator intends to newly employ workers to be assigned to the relevant youth facility, he/she shall make it a principle to employ such workers through open competitive recruitment.
Article 10 (Human Resource Management Committee)
(1) Each operator shall establish a human resource management committee to deliberate on important matters concerning human resource management, such as appointment, disciplinary action, etc., in relation to workers of the relevant youth facility. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 10-2 (Exclusion, Challenge, and Abstention of Members of Human Resource Management Committee)
(1) Where a person related to a member of the human resource management committee is subject to deliberation, the member shall be excluded from such deliberation.
Article 11 (Steering Committee)
(1) Each operator shall establish a steering committee to revitalize the operation of the entrusted youth facility. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 12 (Standard Retirement Age)
Each operator shall implement a retirement system to be available on the retirement age of workers of the relevant youth facility, prescribing the regulations governing the operation of the facility within the following limits: <Amended by Rule No. 4103, Jun. 30, 2016>
Article 13 (Adjustment of Organization and Human Resource Management Accompanying Changes in Budget)
Where an operator adjusts the organization of, and assignment of workers of, the relevant youth facility accompanying a change in the budget, he/she shall obtain approval for such change from the Mayor. <Amended by Rule No. 4103, Jun. 30, 2016>
CHAPTER IV BUDGET, SETTLEMENT OF ACCOUNTS, AND ACCOUNTING
Article 14 (Fiscal Year)
The fiscal year for youth facilities shall coincide with the fiscal year of the general account of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government"). <Amended by Rule No. 4103, Jun. 30, 2016>
Article 15 (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.
Article 16 (Deadline for Receipts and Disbursements)
The receipt of revenue and the disbursement of expenditure of a youth facility shall be completed by the date the relevant fiscal year ends.
Article 17 (Principle of Comprehensive Budget)
All revenues and expenditures of each youth facility shall be reflected in the budget.
Article 18 (Kinds of Budgets)
(1) Budgets of each youth facility shall be classified into original budget, emergency budget, and revised supplementary budget, according to the budget of the Seoul Government. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 19 (Prohibition of Use of Budget other than Purpose)
No budget of a youth facility shall be used for any purpose other than that prescribed in the expenditure budget.
Article 20 (Criteria for Formulating Budget)
Each operator shall formulate a budget for the relevant youth facility with subsidies from the Seoul Government, the facility's income (business income and other income), etc. by applying mutatis mutandis the Seoul Government's guidelines for formulating the budget for the relevant year based on the fairness and public interest of revenue and expenditure. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 21 (Approval of Budget)
Each operator shall formulate a draft budget for the following year including matters concerning the organization of the relevant youth facility and the management of human resources thereof, and submit it to the Mayor by the end of November each year according to the guidelines for formulating the budget notified by the Mayor, and the Mayor 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 Rule No. 4103, Jun. 30, 2016>
Article 22 (Reallocation of Budget)
(1) An operator may reallocate the budget in Sub-sections, paragraphs and items: Provided, That in cases of the reallocation of the budget between paragraphs, he/she shall obtain approval from the Mayor in advance, and shall not reallocate the budget to Sub-sections, paragraphs or items to which the reallocation thereof is restricted in the Seoul Government's guidelines for formulating the budget, or Sub-sections, paragraphs or items in which curtailments have been made in the process of approving the budget. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 23 (Reserve Fund)
(1) An operator 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 Rule No. 4103, Jun. 30, 2016>
Article 24 (Revenue and Expenditure)
(1) Each operator shall manage overall affairs concerning revenue and expenditure of the relevant youth facility, and may delegate affairs concerning accruing revenue and incurring expenditure to human resources who are assigned to and work with the facility. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 25 (Receipt of Revenues)
(1) Other than where an operator entrusts the receipt of all revenues to a financial institution, no person other than a revenue officer shall receive revenues. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 26 (Principle of Disbursement)
A disbursement officer shall make disbursements within the budget, limited to disbursements for which a person in charge of disbursements and a person to whom such responsibility is delegated, give instructions. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 27 (Settlement of Accounts)
(1) Each operator 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 by March 31 of the following year after resolution by the board of directors to which each operator belongs. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 28 (Retirement Benefits)
Retirement benefits of a youth facility shall comply with the Act on the Guarantee of Workers' Retirement Benefits.
Article 29 (Contracts)
Related statutes and regulations, 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 and Social Welfare Facilities, shall apply to matters concerning contracts for youth facilities. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 30 (Budget, Settlement of Accounts, and Accounting Management)
The Rules of Finance and Accounting of Social Welfare Corporations and Social Welfare Facilities shall apply to matters not prescribed by this Rule concerning the budget, settlement of accounts, and accounting. <Amended by Rule No. 4103, Jun. 30, 2016>
CHAPTER V MANAGEMENT OF PROPERTY AND COMMODITIES
Article 31 (Management of Property)
(1) No operator shall use any property of the relevant youth 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 Rule No. 4103, Jun. 30, 2016>
Article 32 (Management of Commodities)
(1) Each operator shall manage commodities belonging to the relevant youth facility and discharge his/her fiduciary duty. <Amended by Rule No. 4103, Jun. 30, 2016>
CHAPTER VI SAFETY MANAGEMENT
Article 33 (Duty to Manage)
Each operator shall discharge his/her fiduciary duty in the management and operation of the relevant youth facility. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 34 (Duty to Purchase Insurance)
Each operator shall purchase insurance to compensate for loss in preparation for various incidents and accidents that may occur in relation to the management of the relevant youth facility and the performance of business operations. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 35 (Prevention of Danger)
Each operator shall conduct an occasional safety inspection of the relevant youth facility, in addition to a regular safety inspection conducted each month, pursuant to Article 18 of the Youth Activity Promotion Act and Article 34-4 of the Social Welfare Services Act, and shall install and operate facilities and equipment for preventing accidents and dangers and taking safety measures, such as safety facilities, personal protective equipment, and first aid kits. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 36 (Safety Education)
Each operator shall provide the workers and users of the relevant youth facility with safety education on the use of the facility and on youth activities, including the following:
CHAPTER VII BUSINESS MANAGEMENT
Article 37 (Formulation of Business Plan)
(1) Each operator shall formulate a business plan for the following year and submit it to the Mayor by the end of November each year. <Amended by Rule No. 4103, Jun. 30, 2016>
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 operator shall prescribe and enforce the regulations on the management of instructors of the relevant youth facility, suitable for the operation of programs. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 40 (Development and Operation of Programs)
Each operator shall develop and operate programs complying with the purpose of the establishment of the relevant youth facility and with statutes and regulations related to youths, such as framework statutes and regulations on youths, statutes and regulations on the promotion of youth activities, and statutes and regulations on support for youth welfare. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 41 (Connection with Communities)
Each operator shall operate programs in connection with neighboring schools, etc. and promote business while maintaining a close cooperation relationship with relevant institutions and organizations, etc. in the relevant community. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 42 (Multi-Purpose Business)
In relation to the operation of a youth facility, an operator 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 youths use the facility. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 43 (Advertising)
Each operator shall widely advertise the function, availability of and methods for using the relevant youth facility, and details of programs conducted in the facility to community youths and residents. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 44 (Supervision)
(1) Each operator 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. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 45 (Criteria for Evaluation)
When evaluating the operation of a youth facility, general matters related to the operation of entrusted affairs shall be evaluated in consideration of the following, the size of the facility, community conditions, etc., and specific evaluation items and criteria shall be separately prescribed by the Mayor:
Article 46 (Methods of Evaluation)
(1) Each year, the Mayor shall conduct evaluation of youth facilities along with the examination of documents, such as business reports, and on-site inspections, annually.
Article 47 (Reward for Excellent Facilities, etc.)
The Mayor may grant a reward, etc. to youth facilities or their workers that are found excellent according to the results of evaluation of youth facilities. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 48 (Designation of Representative Youth Facility)
The Mayor may designate and operate a representative youth facility so that it may perform a central role in the regular operation and supply of training items and community youth activities. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 49 (Operation, etc. of Association of Youth Facilities in Seoul Metropolitan City)
(1) The association of youth facilites in Seoul Metropolitan City organized and operated pursuant to Article 14 of the Ordinance (hereinafter referred to as the "Association") shall have its own operational regulations.
CHAPTER VIII MANAGEMENT OF RENTAL APARTMENTS FOR WORKING YOUTHS
Article 50 (Persons Eligible for Tenancy)
Persons eligible to occupy rental apartments for working youths (hereinafter referred to as "rental apartment") shall be unmarried female workers working with each workplace located in Seoul Metropolitan City.
Article 51 (Application for Tenancy)
(1) Any person who intends to occupy a rental apartment shall file an application for tenancy with an operator that manages the rental apartment, on the recommendation of the representative of each workplace. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 52 (Selection of Tenants)
(1) Each operator shall select younger blue-collar workers as preferential tenants among persons eligible for tenancy under Article 50 when he/she selects tenants, however, where qualification is equal, he/she shall select tenants according to the following order of precedence: <Amended by Rule No. 4103, Jun. 30, 2016>
Article 53 (Rental Agreement and Tenancy)
(1) Any person selected as a tenant pursuant to Article 52 (3) shall enter into a rental agreement in attached Form 3 within a designated period. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 54 (Collection of Security Deposit, etc.)
Each operator shall impose and collect security deposits, rent, public utility charges, etc. of rental apartments. <Amended by Rule No. 4103, Jun. 30, 2016>
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 relevant operator before he/she enters into a rental agreement. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 56 (Rent)
(1) Any person who has occupied a rental apartment shall pay rent to a financial institution designated by the relevant operator on the basis of the end of each month. <Amended by Rule No. 4103, Jun. 30, 2016>
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.
Article 59 (Confirmation, etc.)
Where necessary for the management of rental apartments, an operator may request the representative of a workplace to submit information related to a tenant or require his/her employee who is assigned to and works with rental apartments to visit the workplace and confirm such data. <Amended by Rule No. 4103, Jun. 30, 2016>
CHAPTER IX REGULATIONS GOVERNING OPERATION AND MANAGEMENT OF RECORDS
Article 60 (Regulations Governing Operation of Youth Facility Prepared by Operator Thereof)
The regulations governing the operation of a youth facility prepared by the operator of the facility and approved pursuant to Article 11 (3) of the Ordinance shall specify in detail the overall operation of the facility including labor affairs, such as human resource management and service, which reflect labor-related statutes and regulations, safety management of facilities, regulations on delegation of authority, etc.
Article 61 (Management of Records)
(1) Each operator shall classify, store and manage records produced by the relevant youth facility by applying mutatis mutandis the Public Records Management Act and the Enforcement Decree of the same Act, etc. <Amended by Rule No. 4103, Jun. 30, 2016>
Article 62 (Detailed Guide)
Matters that are not provided for in this Rule in respect of the establishment and operation of youth facilities shall be separately determined by the Mayor.
- Table 1 (Model of basic organization of each youth facility (related to Article 7)) - Form 1 (Application for Tenancy) - Form 2 (Letter of Recommendation for Person Who Wishes to Occupy Rental Apartment) - Form 4 (Tenant Management Card of Rental Apartment) - Form 5 (Application for Extension of Rental Period) - Form 6 (Application for Cancellation of Rental Agreement (Vacating Rental Apartment)) - Form 7 (Deleted. lt;by Rule No. 4103, Jun. 30, 2016gt;) |