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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON SUPPORT FOR BUSINESS STARTUP

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON SUPPORT FOR BUSINESS STARTUP

Article 1 (Purpose) The purpose of this Ordinance is to contribute to job creation and the development of the local economy through vitalization of business startup and creation of a business startup friendly environment by prescribing matters necessary to support business starters who reside and have their places of business in Seoul Metropolitan City and to promote technology-based business startup.

Article 2 (Definitions) The terms used in this Ordinance are defined as follows:
1. The term "business startup" means the new establishment of a small and medium enterprise. In such cases, the detailed scope of the business startup shall be in accordance with Article 2 of the Support for Small and Medium Enterprise Establishment Act and Article 2 (1) of the Enforcement Decree of that Act;
2. The term "technology-based business startup" means business startup based on knowledge-intensive innovative technology, the business types of which shall be as specified in the attached Table;
3. The term "business starter" means any person who intends to start up a small and medium enterprise or any person whose business was started less than seven years ago under Article 2 of the Support for Small and Medium Enterprise Establishment Act (including foreigners granted the status of long-term stay under Article 10-2 (1) 2 of the immigration Act);
4. The term "veteran" means any person who was discharged from active military service within the past seven years (including persons to be discharged from active military service);
5. The term "business startup support facility" means any facility established for the specialized incubation of business starters, commercialization of products, education on business startup, etc.

Article 3 (Relationship to Other Ordinances of the Seoul Metropolitan Government) Except as otherwise provided in other Ordinances, support for business startup shall be governed by this Ordinance.

Article 4 (Responsibilities of Mayor) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall establish and implement systematic and comprehensive policies to vitalize business startup and effectively promote technology-based business startup.
(2) The Mayor shall prepare plans for administrative and financial support necessary to promote the policies under paragraph (1).
(3) The Mayor shall relax regulation and reform statutes and systems to create and vitalize a business startup ecosystem.
(4) The Mayor shall endeavor to promote the purchase of the products or services provided by business starters.
(5) The Mayor shall endeavor to connect the knowledge and technology acquired by undergraduates, veterans, etc. with business startup so as to expand the base for technology-based business startup.

Article 5 (Establishment of Comprehensive Plan) (1) The Mayor shall establish and implement a comprehensive plan for supporting business startup (hereinafter referred to as "comprehensive plan") every five years to facilitate business startup.
(2) A comprehensive plan shall include the following:
1. Current status and outlook related to business startup;
2. Objectives of and direction-setting for policies to vitalize business startup and promote technology-based business startup;
3. Matters regarding programs for supporting business startup;
4. Matters regarding the establishment of infrastructure, and base expansion of technology-based business startup;
5. Matters regarding reforming related statutes, systems, and policies to create and vitalize a business startup ecosystem;
6. Other matters that the Mayor deems necessary for creating a business startup friendly environment.
(3) The Mayor shall establish and implement an annual action plan to pursue a comprehensive plan.
(4) The Mayor shall evaluate the performance records of an action plan every year and shall reflect the results of such evaluation in the following year's action plan.
(5) The Mayor shall reflect the opinions of business starters in establishing and implementing the comprehensive plans and action plans.

Article 6 (Cooperation with Related Institutions) (1) To support business startup, the Mayor may establish a cooperative system to include administrative agencies, related corporations or organizations, educational institutions, enterprises, etc. (hereinafter referred to as "related institutions, etc.").
(2) The Mayor may request that related institutions, etc. provide materials necessary to establish and implement comprehensive plans and action plans under Article 5.

Article 7 (Establishment and Functions of Business Startup Policy Committee) (1) The Mayor may establish a Business Startup Policy Committee of the Seoul Metropolitan Government (hereinafter referred to as the "Committee") which renders advice on significant matters regarding major policies and plans related to the support of business startup and the implementation of such policies and plans.
(2) The Committee shall render advice on the following matters:
1. Matters regarding establishing and amending comprehensive plans and action plans;
2. Matters regarding examining and evaluating performance records of annual action plans;
3. Matters regarding supporting and fostering competent business starters;
4. Matters regarding expanding a base for technology-based business startup and vitalizing such startup;
5. Matters necessary for creating a business startup friendly environment;
6. Other matters deemed necessary for supporting business startup.

Article 8 (Duration of the Committee) The Committee shall exist until December 31, 2024.

Article 9 (Composition of the Committee) (1) The Committee shall be comprised of approximately 20 members, including two co-chairpersons and one vice chairperson.
(2) Co-chairpersons shall be the Vice-Mayor I for Administrative Affairs and a member elected among and by commissioned members, and the vice-chairperson shall be the Chief Officer of Economic Policy.
(3) Committee members shall be comprised of ex-officio members and commissioned members, and ex-officio members shall be public officials from the following offices: Director-General or higher of the Seoul Metropolitan Government in the field of supporting business startup; the Chief Executive Officer of the Seoul Business Agency; and the Chief Executive Officer of the Seoul Credit Guarantee Foundation.
(4) The Mayor shall appoint commissioned members from among the following persons:
1. Members of the Seoul Metropolitan Council;
2. Experts with abundant knowledge and experience related to business startup;
3. Other persons deemed necessary for more specialized advice.

Article 10 (Term of Office of Members) The term of office of commissioned members shall be two years and may be renewed consecutively only once, while the term of office of a member appointed to fill a vacancy shall be the remaining term of office of his or her predecessor: Provided, That public officials shall serve as Committee members for the period during which they hold office.

Article 11 (Disqualification of, Challenge to, and Refrainment by Members) (1) A member who has interest in any agenda item related to advice shall be deemed disqualified from deliberating on the relevant agenda item.
(2) A chairperson who has a ground to believe that he or she cannot expect impartiality from members in advice and mediation regarding the relevant agenda item may exclude such members from advice, etc. regarding the agenda item.
(3) A member who finds that he or she has interest in the relevant agenda item shall voluntarily refrain from deliberation on such agenda item.

Article 12 (Withdrawal of Commission of Members) The Mayor may withdraw the commission of a member even before his or her term of office expires, in any of the following cases:
1. Where the member desires to be withdrawn;
2. Where the member is unable to perform his or her duties due to any illness requiring long-term treatment or overseas travel for at least six months;
3. Where the member has divulged confidential information that he or she has learned in relation to his or her duties or has used such information for personal purposes;
4. Where the member engages in misconduct in relation to his or her duties, or misconduct deemed to disqualify him or her from continuing as a member;
5. Where the member is deemed unfit to serve as a member due to neglect of duties, injury to dignity, or any other reason.

Article 13 (Duties of Chairpersons) (1) Each chairperson shall represent the Committee in its business affairs and exercise general supervision over its tasks.
(2) The vice chairperson shall assist the chairpersons, and act on their behalf when they are unable to perform their duties due to any unavoidable reason.

Article 14 (Operation of the Committee) (1) The chairpersons shall convene and preside over meetings of the Committee.
(2) Meetings of the Committee shall be divided into regular meetings and special meetings.
(3) A regular meeting shall be convened semiannually, while a special meeting shall be convened in either of the following cases:
1. Where a chairperson makes a request for convening the meeting;
2. Where at least 1/3 of the members makes a request for convening the meeting.
(4) A majority of the members shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present.
(5) Except as provided in this Ordinance, matters necessary for the operation of the Committee shall be prescribed by rule of the Seoul Metropolitan Government.

Article 15 (Executive Secretary) The Committee shall have one executive secretary and one clerk who perform business affairs of the Committee. A director in charge of affairs related to supporting business startup shall serve as an executive secretary and a deputy director in charge of affairs related to supporting business startup as a clerk.

Article 16 (Allowances) Committee allowances and travel expenses may be paid to the members who attend Committee meetings within budgetary limits in accordance with the Seoul Metropolitan Government Ordinance on the Payment of Committee Allowances and Travel Expenses: Provided, That this shall not apply where a public official attends a meeting in direct connection with his or her duties.

Article 17 (Support for Business Startup) (1) The Mayor may promote business startup and provide a business starter referred to in subparagraphs 3 and 4 of Article 2 with support for the following matters:
1. Finding and fostering competent business starters (including aspiring business starters and business re-starters);
2. Providing spaces for business startup;
3. Supporting publicity and marketing for products of business starters, distribution and purchase of such products, and other activities;
4. Supporting the commercialization of outstanding ideas and products of business starters;
5. Supporting business starters for entering overseas markets and attracting foreign investment;
6. Providing education and counseling necessary for business startup;
7. Financing business startup and supporting the development of markets;
8. Supporting housing, such as provision of housing vouchers and rental houses;
9. Other matters acknowledged by the Mayor with regard to business startup.
(2) The Mayor may separately implement projects for supporting technology-based business startup in consideration of its characteristics to effectively promote such business.
(3) The Mayor may wholly or partially subsidize or provide financial support to business startup-related institutions, corporations, or organizations that pursue the projects under paragraphs (1) and (2), within budgetary limits.

Article 18 (Establishment and Operation of Business Startup Support Facility) (1) The Mayor may establish business startup support facilities to promote business startup.
(2) The Mayor may entrust the operation of business startup support facilities to related institutions or organizations for the effective operation of such facilities.
(3) The Mayor may assist tenants of business startup support facilities with all or part of the fees for using such facilities or other expenses in consideration of their functions and policy objectives.

Article 19 (Education on Business Startup) The Mayor may provide education on business startup to youths, undergraduates, veterans, etc. to expand a base for business startup.

Article 20 (Operation of Events for Business Startup) The Mayor may provide administrative and financial support necessary for events held for the dissemination of a business startup culture and growth of startups.

Article 21 (Fact-Finding Survey) (1) The Mayor may conduct a fact-finding survey on the current status of business startup, etc. to establish comprehensive plans and action plans and to effectively pursue projects for supporting business startup.
(2) The Mayor may request related institutions or operators of business startup support facilities to submit materials necessary for conducting a fact-finding survey under paragraph (1). In such cases, the related institutions or operators of business startup support facilities in receipt of such request shall comply therewith unless there is a compelling reason not to do so.

Article 22 (Commendation) The Mayor may award a commendation to persons who contribute to supporting business startup or exemplary business starters under the Seoul Metropolitan Government Ordinance on Commendation.

Article 23 (Enforcement Rules) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Metropolitan Government.

ADDENDUM
This Ordinance shall enter into force on the date of its promulgation.

- Table 1 (Business Types of Technology-Based Business Startup (pursuant to subparagraph 2 of Article 2))