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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE INSTALLATION, OPERATION AND MANAGEMENT OF PUBLIC DEPOTS

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary for the installation, operation and management of public depots administered by the Seoul Metropolitan Government. <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009; Ordinance No. 6386, Jan. 5, 2017>

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009; Ordinance No. 5907, May 14, 2015; Ordinance No. 5971, Jul. 30, 2015; Ordinance No. 6125, Jan. 7, 2016>
1. The term "public depot" means a public depot under subparagraph 1 of Article 72 of the Enforcement Rules of the Passenger Transport Service Act, a public taxi depot under subparagraph 5 of Article 2 of the Act on the Development of Taxi Transportation Business, and a public truck depot under subparagraph 9 of Article 2 of the Trucking Transport Business Act, which is established by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") for passenger transport services in order to provide for passenger transportation business;
2. The term "entrusted manager" means a person to whom the operation and management of a public depot administered by the Seoul Metropolitan Government (hereinafter referred to as "public depot") is entrusted;
3. The term "region" means one of 10 administrative districts of the Seoul Metropolitan Government demarcated based on the city center, taking traffic demand and conditions, etc. into consideration, and the administrative districts included in each region shall be as specified in the attached Table.

Article 3 (Establishment of Public Depots) (1) The Mayor shall establish a public depot in each region set out in the attached Table and shall operate and manage such depots. <Amended by Ordinance No. 4706, Nov. 13, 2008>
(2) The name, location, and administrative jurisdiction of each public depot established pursuant to paragraph (1) shall be publicized by the Mayor on the Official Gazette of the Seoul Metropolitan Government. <Amended by Ordinance No. 4706, Nov. 13, 2008>

Article 4 (Permission for Use of Public Depots) (1) The Mayor may permit a person who obtains a license for city bus transport service under Article 4 (1) of the Passenger Transport Service Act and subparagraph 1 (a) of Article 3 of the Enforcement Decree of the same Act, a person whose shuttle bus transport service is registered under subparagraph 1 (c) of Article 3 of the Enforcement Decree of the same Act, a person whose chartered bus transport service is registered under subparagraph 2 (a) of Article 3 of the Enforcement Decree of the same Act, a person whose special passenger transport service is registered under subparagraph 2 (b) of Article 3 of the Enforcement Decree of the same Act (hereinafter referred to as "transportation business entity"), a person who is granted for a general taxi transport service license under subparagraph 2 (c) of Article 3 of the Enforcement Decree of the same Act, a business entity that holds a restricted license under Article 4 of the same Act, a company that engages in installing facilities for supplying natural gas to city buses (hereinafter referred to as "installer of gas-filling facilities"), a person who has obtained a permission for trucking transport business under Article 3 of the Trucking Transport Business Act and Article 3 of the Enforcement Decree of the same Act, a facility for testing pressure-resistant containers of the Korea Transportation Safety Authority which re-tests pressure-resistant containers by proxy pursuant to Article 35-8 of the Motor Vehicle Management Act, to use a public depot. <Amended by Ordinance No. 5229, Jan. 15, 2012; Ordinance No. 5457, Mar. 28, 2013; Ordinance No. 5971, Jul. 30, 2015; Ordinance No. 6125, Jan.7, 2016>
(2) The period of use permissible pursuant to paragraph (1) shall be five years, which may be extended or shortened by an agreement between both parties, and the period of use permissible may be extended where falling under any of the followings. In such cases, the period of use permissible which is subject to being extended shall be the scope of period for which it has not been used or has made no benefits due to the following reasons: <Amended by Ordinance No. 5785, Jan. 2, 2015>
1. Where it has suffered from a natural disaster or any other accident;
2. Where it has been restricted in use of its property by a cause attributable to the Seoul Metropolitan Government.
(3) The Mayor shall give priority in using a public depot to a transportation business entity with its principal place of business in the region to which the public depot belongs: Provided, That where space is sufficient in a public depot, the Mayor may also grant permission for the use of a public depot to any transportation business entity who has the starting or ending point of its service route within six kilometers from the depot or a transportation business entity, chartered bus transportation business entity, general taxi transportation entity, and trucking transport business entity whose service routes passe through the region to which the public depot belongs. <Amended by Ordinance No. 4266, Mar. 17, 2005; Ordinance No. 4857, Sep. 29, 2009; Ordinance No. 5907, May 14, 2015; Ordinance No. 5971, Jul. 30, 2015; Ordinance No. 6125, Jan. 7, 2016>
(4) Except as provided in paragraphs (1) through (3), necessary matters concerning the criteria and procedure for granting permission for the use of a public depot shall be prescribed by rule of the Seoul Metropolitan Government. <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>

Article 5 (Rents) (1) Pursuant to Article 22 of the Public Property and Commodity Management Act and Article 14 of the Enforcement Decree of the same Act, the Mayor may impose on and collect from transportation business entities and installers of gas-filling facilities who are admitted to a public depot (hereinafter referred to as "occupiers") the following rents: <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 5229, Jan. 5, 2012; Ordinance No. 5785, Jan. 2, 2015>
1. The rate of rent for a public depot used by a transportation business entity with permission for the use thereof shall be 10/1000 of the assessed value of the property involved (the officially announced price for land and the appraised value for a building), including areas for common use;
2. The rate of rent for a public depot used by an installer of gas-filling facilities with permission to install facilities for supplying natural gas or used by the Korea Transportation Safety Authority with permission to install facilities for testing pressure-resistant containers under Article 35-8 of the Motor Vehicle Management Act shall be 10/1000 of the appraised value of the property involved.
(2) Rents specified in paragraph (1) shall be prepaid, and the due date for payment of the rents shall not be more than 60 days from the date of contract, where the permitted period of use is less than one year, or 60 days from each anniversary of the date of the initial contract, where the permitted period of use is not less than one year. <Amended by Ordinance No. 4857, Sep. 29, 2009>
(3) Where an occupier fails to pay a rent within the due date for payment, the Mayor shall impose and collect overdue charges as follows: <Amended by Ordinance No. 4266, Mar. 17, 2005; Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
1. Where the overdue period is less than one month: 12 percent per annum;
2. Where the overdue period is at least one month, but less than three months: 13 percent per annum;
3. Where the overdue period is at least three months, but less than six months: 14 percent per annum;
4. Where the overdue period is at least six months: 15 percent per annum.
(4) The Mayor may exempt occupiers from rent payable under the Public Property and Commodity Management Act. <Amended by Ordinance No. 5785, Jan. 2, 2015>

Article 6 (Occupiers' Duties) (1) Each occupier owes the duty of care as a good fiduciary in using a public depot and facilities installed in the depot (hereinafter referred to as "facilities in use"). <Amended by Ordinance No. 4857, Sep. 29, 2009>
(2) Where a facility, etc. in use has been, or is likely to be, destroyed, damaged, or malfunctioned, an occupier shall report such to the Mayor without delay and where he or she destroys, damages, or spoils a facility, etc. in use intentionally or negligently, he or she shall immediately compensate the Mayor for the costs and expenses incurred for restoration or reinstate the facility at his or her own expense. <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009; Ordinance No. 5907, May 14, 2015>

Article 7 (Restrictions on Occupiers' Activities) No occupier shall conduct any of the following activities in a public depot: Provided, That the foregoing shall not apply to activities conducted with approval from tthe Mayor only in cases falling under subparagraphs 1 and 2: <Amended by Ordinance No. 4266, Mar. 17, 2005; Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009; Ordinance No. 5785, Jan. 2, 2015; Ordinance No. 5971, Jul. 30, 2015; Ordinance No. 6125, Jan. 7, 2016>
1. Parking any vehicle, other than a city bus, shuttle bus, special bus for funerals, chartered bus, taxi or truck;
2. Leasing the depot to a third party;
3. Handling any dangerous substance, etc. prohibited by the Framework Act on Fire-Fighting Services;
4. Creating pollution, such as a malodor or noise in excess of the level permitted by the Clean Air Conservation Act or the Noise and Vibration Control Act;
5. Installing or keeping any goods, the installation or storage of which in a public depot is prohibited by other statutes or regulations.

Article 8 (Cancellation of Permission for Use) The Mayor may cancel permission for use in any of the following cases: <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009>
1. Where the Mayor changes the specific use of facilities in response to needs for any public purpose and recover subject matter the use of which has been permitted. In such cases, the Mayor shall give written notice to the occupiers not later than six months before the permission for use is cancelled;
2. Where an occupier neglects any of his or her duties under Article 6;
3. Where rents have been overdue for at least six months;
4. Where an occupier violates a restriction on occupiers' activities under Article 7;
5. Where an occupier violates an order issued or a disposition made by the Mayor pursuant to relevant statutes and regulations, or this Ordinance.

Article 9 (Entrustment of Management) (1) The Mayor shall entrust the following administrative affairs related to the operation and management of public depots (hereinafter referred to as "management") to the Seoul Facilities Corporation or to a legal entity or a private individual specializing in the management of public facilities via open tender: <Amended by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 4857, Sep. 29, 2009; Ordinance No. 6429, Mar. 23, 2017>
1. Matters concerning permission for the use of a public depot under Article 4;
2. Matters concerning reinstatement, including the reception of reports under Article 6 (2) and the collection of costs and expenses incurred for restoration;
3. Matters concerning approval for occupiers' activities under Article 7;
4. Matters concerning the cancellation of permission for use under Article 8;
5. Matters concerning the safety, maintenance, and management of facilities in public depots.
(2) An entrusted manager under paragraph (1) may entrust the users of facilities (occupiers) with administrative affairs under paragraph (1) 5. <Amended by Ordinance No. 4706, Nov. 13, 2008>

Article 10 (Assistance in Management) When the Mayor entrusts a person with the management of a public depot pursuant to Article 9, he or she may assist the relevant entrusted manager by providing equipment or subsidizing expenses necessary for the management thereof. <Amended by Ordinance No. 4706, Nov. 13, 2008>

Article 11 (Application Mutatis Mutandis) (1) Except as provided in this Ordinance, the Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to the Private Sector shall apply mutatis mutandis to entrustment contracts, entrusted managers' duties, the guidance and supervision of entrusted managers, the cancellation of entrustment, etc. <Amended by Ordinance No. 4706, Nov. 13, 2008>
(2) As to the operation and management of the land (including ancillary facilities) purchased for the specific use as a depot for city buses and shuttle buses, among passenger transportation businesses operating in a regular route, and for chartered buses, taxis and trucks among passenger transportation businesses operating in a district, and the land conveyed without consideration, such as charging rents for such land, the Mayor shall apply this Ordinance mutatis mutandis. <Newly Inserted by Ordinance No. 4706, Nov. 13, 2008; Ordinance No. 5971, Jul. 30, 2015; Ordinance No. 6125, Jan. 7, 2016>

- Table 1 (Administrative District by Region)