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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON DEVELOPMENT AND SUPPORT OF URBAN AGRICULTURE

Article 1 (Purpose) The purposes of this Ordinance are to improve the quality of life of citizens, such as by promoting leisure activities and fostering emotional development to build a livable city, such as by restoring ecosystems and communities, and to lay the foundation for the mutual growth of cities and rural communities, through the acceleration of urban agriculture in the Seoul Metropolitan City, by providing for matters delegated by the Act on Development and Support of Urban Agriculture, and the Enforcement Decree and the Enforcement Rule of the same Act, and matters necessary for the enforcement thereof.

Article 2 (Definitions of Terms) The terms used in this Ordinance are defined as follows: <Amended on Jan. 4, 2018; May 16, 2019>
1. The term "urban agriculture" means the performance of any of the following acts by utilizing land, buildings, or various living spaces in an urban area pursuant to subparagraph 1 of Article 2 of the Urban Agriculture Development and Support Act (hereinafter referred to as the "Act") and Article 2 of the Enforcement Decree of the same Act:
(a) Growing or cultivating crops;
(b) Cultivating trees or flowers;
(c) Raising insects (including apiculture) under subparagraph 1 of Article 2 of the Insect Industry Promotion and Support Act;
2. The term "urban area" means a residential, commercial, industrial, and green area under subparagraph 2 of Article 2 of the Act and under Article 3 of the Enforcement Decree of the same Act;
3. The term "urban farmer" means a person directly engaging in urban agriculture or a person engaging in an urban agriculture-related business pursuant to subparagraph 3 of Article 2 of the Act;
4. The term "urban agricultural community" means an organization voluntarily formed by urban farmers to cooperate in urban agriculture pursuant to Article 13 of the Act, meeting the requirements for registration under Article 7 of the Enforcement Rule of the Act;
5. The term "urban farm" means land, various types of unused land, in-between spaces, parks, green zones, and other spaces on which urban agriculture is practiced;
6. The term "box farm" means a farm created in a variety of containers, such as recycling boxes, for urban agriculture in various urban spaces such as rooftops and verandas;
7. The term "certified urban agricultural manager" means a person providing guidance, training, consultancy, and technology transfer services in relation to urban agriculture with the aim of helping urban residents increase their understanding of urban agriculture, after obtaining a certified urban agricultural manager's license pursuant to Article 11-2 (1) of the Act;
8. The term "pet plant" means a plant that a person has to take care of for building emotional stability.

Article 3 (Basic Principles) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall endeavor to secure land and spaces for urban agriculture and to develop infrastructure therefor, in consideration of the regional characteristics of the Seoul Metropolitan City, and shall formulate and implement policies necessary for accelerating urban agriculture, such as by preparing measures for the support of urban farmers and urban agricultural communities and by fostering urban agriculture-related industries, in cooperation with citizens.
(2) Urban farmers and urban agricultural communities shall endeavor to produce safe agricultural products by applying environment-friendly farming methods under the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods when engaging in urban agriculture and shall endeavor not to contaminate the living environment or degrade the urban aesthetic environment through the safe management or disposal of agricultural materials, etc. used for urban agriculture. <Amended on Oct. 4, 2013>

Article 4 (Establishment and Implementation of Action Plans) (1) The Mayor shall formulate and implement an action plan for the development and support of urban agriculture (hereinafter referred to as "action plan") each year in accordance with a comprehensive plan for the development and support of urban agriculture formulated by the Minister of Agriculture, Food and Rural Affairs under Article 5 of the Act. <Amended on Oct. 8, 2015>
(2) An action plan shall include the following:
1. Current status and prospect of urban agriculture;
2. Direction-setting for and objectives of the development and support of urban agriculture;
3. Detailed assistance plans for the development and support of urban agriculture;
4. Plans for education and training on urban agriculture and training of professional human resources;
5. Plans for research, and for technology development and transfer in relation to urban agriculture;
6. Plans for a public relations campaign in relation to urban agriculture and the development of informatization.
(3) The Mayor may request that the head of a Gu submit relevant data necessary for the preparation of an action plan. In such cases, the head of the Gu shall comply with such request unless there is good cause.

Article 5 (Establishment and Functions of Committee) (1) The Mayor shall establish the Urban Agriculture Committee of the Seoul Metropolitan Government (hereinafter referred to as the "Committee") to deliberate on the development and support of urban agriculture.
(2) The Committee shall deliberate on the following matters:
1. Matters regarding the establishment and modification of an action plan under Article 4;
2. Matters regarding research, technology development, and public relations campaigns in relation to urban agriculture;
3. Matters regarding the creation of a medium- and long-term vision for urban agriculture in the Seoul Metropolitan Government and an action plan therefor;
4. Other matters deemed necessary by the Mayor in relation to urban agriculture.
[This Article Newly Inserted on Jan. 4, 2018]

Article 6 (Composition of Committee) (1) The Committee shall be composed of not more than 15 members including two co-chairpersons and one vice chairperson.
(2) The Committee shall have one chairperson who is elected from among the Deputy Mayor for Economic Policy and commissioned members, and one vice chairperson who is elected by and from among the members. <Amended on Dec. 11, 2014; Jan. 4, 2018; May 16, 2019>
(3) Members of the Committee shall be commissioned by the Mayor from among the following persons: <Amended on Jan. 4, 2018>
1. Council members recommended by the Seoul Metropolitan Council;
2. Persons with abundant knowledge and experience in urban agriculture;
3. Persons recommended by private organizations in relation to urban agriculture.
(4) Each member who is not a public official shall hold office for a term of two years and may be appointed consecutively only once: Provided, That the term of office of any member who is filling a vacancy shall be the remaining term of office of his or her predecessor.
(5) The Committee shall have a director in charge of urban agriculture as an executive secretary to ensure the smooth operation of the Committee and handling of its affairs.
(6) The Mayor shall endeavor to ensure that no particular gender exceeds 60/100 of the number of commissioned members. <Newly Inserted on Jan. 4, 2018>

Article 6-2 (Establishment and Operation of Subcommittees) (1) The Committee may establish and operate subcommittees, as necessary for the efficient operation of the Committee.
(2) Each subcommittee shall be composed of at least 10 members, and its chairperson shall be elected by and from among the subcommittee members.
(3) The results of any agenda item on which a subcommittee renders advice shall be reported and referred for a decision to the Committee.
(4) Matters regarding the composition and operation of subcommittees shall be prescribed by rule of the Seoul Government.
[This Article Newly Inserted on Jan. 4, 2018]

Article 7 (Duties of Chairperson) (1) The chairperson shall represent the Committee and supervise the duties of the Committee.
(2) The vice chairperson shall assist the chairperson and act for the chairperson when the chairperson is unable to perform his or her duties for any unavoidable reason.
(3) Where both the chairperson and the vice chairperson are unable to perform their duties for any unavoidable reason, a member designated by the chairperson in advance shall act on behalf of the chairperson.

Article 8 (Meetings) (1) The chairperson shall convene and preside over meetings of the Committee.
(2) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(3) If necessary, the chairperson may require interested persons or related experts to attend a meeting to hear their opinions.
(4) Meetings in principle shall be open to the public: Provided, That a meeting may not be open to the public with the consent of a majority of the members present, if deemed necessary by the chairperson, given the significance of the agenda items.
(5) All the details of a meeting shall be duly recorded in meeting minutes, and the summary of the minutes may be disclosed to the public, if necessary.
(6) Except as provided in this Ordinance, matters necessary for the operation of the Committee shall be prescribed by the chairperson, following a decision by the Committee.

Article 9 (Disqualification of, Challenge to, and Recusal of Members) (1) A member who has any interest relating to any agenda item he or she is to address shall be deemed disqualified from deliberating on the relevant agenda item.
(2) Where it is difficult for the chairperson to expect a member to provide impartial advice and mediation on the relevant agenda item, the chairperson shall exclude the relevant member from deliberating on the relevant agenda item. <Amended on Dec. 31, 2019>
(3) A member who becomes aware that he or she has interest in the relevant agenda item shall voluntarily refrain from deliberating on such agenda item.

Article 10 (Dismissal of Members) In any of the following cases, the chairperson may dismiss a member even before the expiration of his or her term of office and shall notify the members of the grounds for such dismissal:
1. Where the member desires to resign from his or her office;
2. Where the member becomes unable to perform his or her duties due to any disease that requires long-term treatment or long-term absence that exceeds six months, etc.;
3. Where any commissioned member loses his or her status in the organization, etc. from which he or she has obtained recommendation for commissioning;
4. Where the member fails to recuse himself or herself despite knowledge that he or she has an interest in the agenda item;
5. Where the member discloses confidential information acquired in the course of performing his or her duties or uses such information for personal interests;
6. Other cases deemed necessary by the chairperson.

Article 11 (Allowances) The Mayor may pay allowances and travel expenses to the members who are not public officials, within the budget, in accordance with the Seoul Metropolitan Government Ordinance on the Payment of Committee Allowances and Travel Expenses.

Article 12 (Fact-Finding Surveys) The Mayor may conduct fact-finding surveys on the current status of urban agriculture to efficiently formulate and implement an action plan or a policy necessary for the development and support of urban agriculture.

Article 12-2 (Management of Urban Farmer Members) (1) The Mayor may encourage urban farmers, urban agricultural communities, institutions and organizations, etc. related to urban agriculture (hereinafter referred to as "urban farmers, etc.") to join the Seoul City Farmer organization and may provide systematic educational support, etc. depending on the extent of their participation and the circumstances.
(2) If necessary, the Mayor may consult with the head of a Gu for the joint management of members consisting of urban farmers, etc.
(3) The Mayor may establish and operate the Seoul City Farmer website for urban farmers, etc. to increase efficiency in the management of members, provision of comprehensive information, public relations campaigns and communications, and educational support, etc.
(4) The Mayor shall ensure the safe management of personal information and the guarantee of rights of data subjects while managing the members who are urban farmers, etc. pursuant to the Personal Information Protection Act and the Seoul Metropolitan Government Ordinance on the Protection of Personal Information.
(5) Matters necessary for the procedures to be followed by urban farmers, etc. when joining the Seoul City Farmer organization, processing of member information, support, etc. shall be separately prescribed by the Mayor.
[This Article Newly Inserted on Mar. 28, 2019]

Article 13 (Obligations of Urban Farmers) (1) Urban farmers shall comply with the standards for the safe management and disposal of agricultural materials for urban agriculture, publicly notified by the Minister of Agriculture, Food and Rural Affairs pursuant to Article 21 (1) of the Act. <Amended on Oct. 8, 2015>
(2) No urban farmer shall engage in the following:
1. Damaging or contaminating any incidental facilities;
2. Altering the form and quality of land or installing structures thereon;
3. Using burners at a location other than a designated location;
4. Other acts that impede the management of an urban farm.
(3) Where an urban farmer is deemed to have contaminated the surrounding environment in violation of the standards under paragraph (1), the Mayor may issue a corrective order.
(4) A person in receipt of a corrective order under paragraph (3) shall take measures to comply with such order and report the results of the corrective measures to the Mayor.

Article 13-2 (Urban Agriculture Day) (1) April 11 of each year shall be designated as Urban Agriculture Day to raise public awareness of the importance of urban agriculture in creating a nature-friendly urban environment.
(2) The Mayor shall endeavor to hold appropriate events, and provide education and public relations campaigns to mark Urban Agriculture Day.
[This Article Newly Inserted on Jan. 4, 2018]

Article 14 (Establishment of Urban Agricultural Support Center) (1) The Mayor may provide urban farmers with necessary support, education, and training for accelerating urban agriculture.
(2) The Mayor may establish and operate an urban agricultural support center (hereinafter referred to as "support center") for the support, and education and training under paragraph (1) or designate an institution or organization that meets the requirements for designation under Article 3 (1) of the Enforcement Rule of the Act as a support center.
(3) The Mayor may grant full or partial subsidies to support centers designated under paragraph (2) for the expenses incurred in the execution of programs within the budget.
(4) Articles 3 and 4 of the Enforcement Rule of the Act shall apply to matters regarding the designation, revocation of designation, etc. of support centers.

Article 15 (Designation of Institutions for Training Professional Human Resources) (1) The Mayor may designate a local agency for promoting agricultural community development referred to in Article 3 of the Agricultural Community Development Promotion Act, a university referred to in Article 2 of the Higher Education Act, or a research institute, institution, or organization established for research activities, etc. on urban agriculture, which meets the standards under Article 5 (1) of the Enforcement Rule of the Act as an institution for training professional human resources.
(2) The Mayor may grant full or partial subsidies for the expenses incurred in the execution of programs to institutions for training professional human resources under paragraph (1) within the budget.
(3) Articles 5 and 6 of the Enforcement Rule of the Act shall apply to matters regarding the designation, revocation of designation, etc. of institutions for training professional human resources.

Article 16 (Hearing) Where intending to make any of the following dispositions, the Mayor shall hold a hearing and the procedures thereof shall be governed by the Administrative Procedures Act:
1. Revocation of designation of an urban agricultural support center under Article 10 (4) of the Act;
2. Revocation of designation of an institution for training professional human resources under Article 11 (3) of the Act;
3. Revocation or suspension of a license of a certified urban agricultural manager under Article 11-3 of the Act.
[This Article Newly Inserted on Jan. 4, 2018]

Article 17 (Establishment and Lease of Public Urban Farms) (1) In order to accelerate urban agriculture and secure spaces for urban agriculture, the Mayor may select a tract of land suitable for urban agriculture from among public land and may establish a public urban farm.
(2) The Mayor may lease the land of an established public urban farm to an urban farmer pursuant to Article 16 of the Act and collect rents therefrom.
(3) Rents for the land of a public urban farm under paragraph (3) may be prescribed through public announcement by the Mayor within the limits of Articles 22 and 26 of the Seoul Metropolitan Government Ordinance on Public Property and Commodity Management.
(4) Applications for a lease, requirements for a lease, and the period of a lease of the land of a public urban farm shall be as follows:
1. Application requirements: an applicant with an address in the Seoul Metropolitan City;
2. Requirements for a lease: no alteration of the form and quality of land or installation of structures thereon;
3. Lease period: one year, but can be renewed;
4. Other details, such as procedures and methods for obtaining a lease, shall be publicly announced on the website of the Seoul Government.
(5) The Mayor shall publicly announce details regarding lease plans 30 days before a public urban farm is established to provide prior notice of matters, etc. necessary for the lease of the land of the public urban farm.

Article 18 (Approval of Establishment of Public Urban Farms of Autonomous Gus) (1) Where intending to establish a public urban farm, the head of a Gu shall obtain approval from the Mayor pursuant to Article 14 of the Act.
(2) Detailed standards necessary to acquire approval of the establishment of a public urban farm in an autonomous Gu under paragraph (1) shall be as follows:
1. To have an area of a public urban farm of at least 1,500 square meters;
2. To provide for ancillary facilities within a farm, such as shelters, toilets, parking lots, water tanks for public use, practical training facilities, compost storage facilities and farm equipment storage sheds;
3. To prepare operating rules and an operation and management plan under Article 14 (3) of the Act.
(3) An operation and management plan prescribed in paragraph (2) 3 shall include an action plan for environment-friendly agriculture.

Article 19 (Exchanges and Cooperation) (1) In order to expand the base for urban agriculture and accelerate urban agriculture pursuant to Article 18 (1) of the Act, the Mayor shall formulate and implement policies for promoting exchanges and cooperation between urban farmers or between urban farmers and farmers.
(2) The Mayor shall formulate and implement policies for making strong connections with weekend farm programs to contribute to mutual growth of cities and rural communities through urban agriculture, pursuant to Article 18 (2) of the Act.
(3) In order to promote international cooperation in urban agriculture, the Mayor may execute programs for international exchanges of technologies and human resources, and for international joint research in relation to urban agriculture.

Article 20 (Development of and Support for Urban Agriculture) (1) If necessary for the development and acceleration of urban agriculture, the Mayor may grant full or partial subsidies to an individual, organization, or autonomous Gu that participates in or promotes the following programs, for the expenses incurred therein within the budget: <Amended on Oct. 4, 2013; May 16, 2019>
1. Programs for accelerating urban agriculture through the creation of urban farms and distribution of box farms;
2. Programs in relation to research, technology development, and pilot programs in relation to urban agriculture;
3. Education and training programs in relation to urban agriculture;
4. Programs for holding fairs or competitions in relation to urban agriculture;
5. Urban agriculture programs executed by an urban agricultural community registered under Article 13 of the Act;
6. Programs for the establishment and operation of private urban farms established under Article 17 of the Act;
7. Programs for the creation of weekend farms for Seoul citizens in other Sis/Guns adjacent to in the Seoul Metropolitan City;
8. Programs for the distribution of pet plants and follow-up management;
9. Other programs deemed necessary by the Mayor for the acceleration of urban agriculture.
(2) The Seoul Metropolitan Government Ordinance on the Management of Subsidies shall apply to the grant, etc. of subsidies necessary for support under paragraph (1). <Amended on May 14, 2015>
(3) Specifics regarding programs for supporting the development of urban agriculture under paragraph (1) and conditions for the support thereof shall be prescribed by rule of the Seoul Government. <Newly Inserted on Jan. 4, 2018>

Article 21 (Awarding for Exemplary Cases) The Mayor may identify an exemplary case and give an award to the winner in order to motivate program participants, with the ultimate aim of expanding and spreading urban agriculture.

Article 22 (Enforcement Rules) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Government.

ADDENDUM <Ordinance No. 5374, Nov. 1, 2012>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5572, Oct. 4, 2013>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 5767, Dec. 11, 2014>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on January 1, 2015.
Article 2 Omitted.
ADDENDA <Ordinance No. 5930, May 14, 2015>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Ordinance No. 6016, Oct. 8, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6713, Jan. 4, 2018>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7053, Mar. 28, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7154, May 16, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7159, May 16, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7423, Dec. 31, 2019>
This Ordinance shall enter into force on the date of its promulgation.