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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROTECTION AND SUPPORT FOR ESSENTIAL WORKERS

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROTECTION AND SUPPORT FOR ESSENTIAL WORKERS

Article 1 (Purpose) The purpose of this Ordinance is to create a social atmosphere in which essential workers are respected and to contribute to stabilizing citizens' lives and overcoming disasters by strengthening the safety and social protection of essential workers who perform face-to-face work while exposed to various risks in disaster situations.

Article 2 (Definitions) The terms used in this Ordinance are defined as follows: <Amended on Apr. 28, 2022, Mar. 27, 2023>
1. The term "disaster" refers to disaster under Article 3 (1) of the Framework Act on the Management of Disasters and Safety;
2. The term "essential work" refers to any of the following works necessary to protect the lives and bodies of citizens and maintain social functions even in the event of a disaster:
a. Works designated by the Minister of Employment and Labor in accordance with Article 2 (2) of theAct on Designation of Essential Work and Protection and Support for Essential Workers;
b. Works designated by the Mayor of Seoul (hereinafter referred to as the "Mayor") after deliberation by the Seoul Metropolitan Government Essential Worker Protection and Support Committee under Article 9.
3. The term "essential worker" refers to a person who provides labor for another person's business in the course of performing essential work and falls under any of the following items:
a. Essential workers designated by the Minister of Employment and Labor in accordance with Article 2 (3) of the Act on Designation of Essential Work and Protection and Support for Essential Workers;
b. A person designated by the Mayor after deliberation by the Seoul Essential Worker Protection and Support Committee under Article 9.
4. Deleted <Apr. 28, 2022>

Article 3 (Scope of Application) This Ordinance shall apply to works and essential workers under Article 2.
[This Article Wholly Amended on Apr. 28. 2022]

Article 4 (Duties of the Mayor) (1) The Mayor shall devise a plan to ensure that essential works can be performed without interruption in a disaster situation. <Amended on Apr. 28, 2022>
(2) The Mayor shall endeavor to protect and support essential workers.
(3) he Mayor shall conduct investigations and evaluations on the protection and support of essential workers after the end of the disaster situation.

Article 5 (Relationship with Other Ordinances) This Ordinance shall take precedence over other ordinances regarding the protection and support of essential workers in the event of a disaster. However, if there are provisions in other ordinances that are more advantageous than protection and support under this Ordinance, the provisions of that ordinance shall prevail.
[This Article Newly Inserted on Apr. 28, 2022]
[Previous Article 5 moved to Article 6 <Apr. 28, 2022>]

Article 6 (Support Plan) (1) The Mayor shall establish and implement a plan for the protection and support of essential workers (hereinafter referred to as "support plan") in the event of a disaster. <Amended on Apr. 28, 2022>
(2) The support plan shall include the following items: <Amended on Apr. 28, 2022>
1. Matters concerning designation of essential works and essential workers;
2. Matters concerning the protection and support of essential workers;
3. Matters concerning the budget necessary for the protection and support of essential workers;
4. Matters concerning cooperation between the national government and local governments;
5. Other matters recognized by the Mayor as necessary for the protection and support of essential workers.
(3) The Mayor may request cooperation from related institutions or organizations if necessary for the establishment and implementation of the support plan under paragraph 1.
[Moved from Article 5, Previous Article 6 moved to Article 7 <Apr. 28, 2022>]

Article 7 (Fact-Finding Investigation) (1) The Mayor may, if necessary, conduct a fact-finding investigation on the general status of essential works in the city, working environment, and treatment, etc. in order to establish a support plan under Article 6. <Amended on Apr. 28, 2022; Mar. 27, 2023>
(2) The Mayor may entrust a specialized institution or organization for the fact-finding investigation under paragraph 1, and in this case, may support necessary expenses within budgetary limits.
[Moved from Article 6, Previous Article 7 moved to Article 8 <Apr. 28, 2022>]

Article 8 (Support Projects) (1) The Mayor may promote the following projects to protect and support essential workers:
1. Infrastructure creation projects for the safety and protection of essential workers;
2. Projects to improve the working conditions and working environment of essential workers;
3. Investigation and research projects for the protection and support of essential workers;
4. Provision of services to support low-income essential workers;
5. Other projects recognized by the Mayor as necessary to support essential workers.
(2) The Mayor may provide financial support within budgetary limits if necessary to support essential workers.
(3) The Mayor may entrust a specialized institution or organization if necessary to promote the project under paragraph 1.
[Moved from Article 7, Previous Article 8 moved to Article 9 <Apr. 28, 2022>]

Article 9 (Establishment and Functions of Committee) The Mayor may establish the Seoul Essential Workers Protection and Support Committee (hereinafter referred to as the "Committee") to deliberate on the following matters and seek advice: <Amended on Apr. 28, 2022>
1. Matters concerning the scope of essential works considering the type and scale of disasters that have occurred in the city;
2. Matters concerning the scope of essential workers who need protection or support from the city;
3. Matters concerning the establishment of the city's essential worker support plan and evaluation of its implementation, etc.;
4. Other matters to be referred to the meeting by the chairperson in relation to the protection and support for essential workers.
[Moved from Article 8, Previous Article 9 moved to Article 10 <Apr. 28, 2022>]

Article 10 (Committee Composition) (1) The committee shall consist of up to 15 members, including one chairperson and one vice chairperson. <Amended on Apr. 28, 2022>
(2) The Mayor shall serve as the chairperson, and the vice chairperson shall be elected from among the members. <Amended Apr. 28, 2022>
(3) Members of the Committee shall be composed of persons appointed or commissioned by the Mayor among persons falling under any of the following subparagraphs: <Amended on Apr. 28, 2022>
1. Members of the Seoul Metropolitan Council;
2. Persons recommended by a labor union, organization, or employer organization;
3. Persons with abundant expertise in essential worker protection and support;
4. Disaster and labor-related experts in academia, business, and civic groups;
5. Other persons deemed necessary by the Mayor.
[Moved from Article 9, Previous Article 10 moved to Article 11 <Apr. 28, 2022>]

Article 11 (Term of Office of Members) The term of office of commissioned members shall be two years, and they may be reappointed only once.
[Moved from Article 10, Previous Article 11 moved to Article 12 <Apr. 28, 2022>]

Article 12 (Dismissal of Members) If a member falls under any of the following subparagraphs, the Mayor may dismiss the member even before the term of office expires.
1. Members who find it difficult to perform their duties due to a long-term mental breakdown
2. Members who have misconduct related to their duties
3. Members deemed unsuitable for membership due to neglect of duty, loss of dignity, or other reasons
4. Members who voluntarily express their intention that it is difficult to perform their duties
[Moved from Article 11, Previous Article 12 moved to Article 13 <Apr. 28, 2022>]

Article 13 (Duties of Chairperson) (1) The chairperson shall represent the committee and oversee the affairs of the committee.
(2) If the chairperson is unable to perform his/her duties due to unavoidable reasons, the vice chairperson shall act on behalf of the chairperson.
[Moved from Article 12, Previous Article 13 moved to Article 14 <Apr. 28, 2022>]

Article 14 (Operation of Committee) (1) The chairperson shall convene a committee meeting in the following cases: <Amended on Apr. 28, 2022; Mar. 27, 2023>
1. A large-scale disaster occurred under Article 14 of the Framework Act on the Management of Disasters and Safety;
2. More than one third of the registered members requested to convene a meeting;
3. The chairman acknowledged that it was necessary.
(2) Meetings of the Committee shall be opened with the attendance of a majority of the registered members, and resolutions shall be made with the consent of a majority of the members present.
(3) A secretary shall be appointed to handle the affairs of the committee, and the secretary shall be the manager in charge of protection and support for essential workers.
(4) Other matters not stipulated in this Ordinance regarding the operation of the committee shall be governed by the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Various Committees.
[Moved from Article 13, Previous Article 14 moved to Article 15 <Apr. 28, 2022>]

Article 15 (Establishment of Cooperation System) The Mayor may establish a cooperative system with central administrative agencies, local governments, and related professional organizations for efficient and systematic protection and support for essential workers.
[Moved from Article 14, Previous Article 15 moved to Article 16 <Apr. 28, 2022>]

Article 16 (Enforcement Rule) Measures to enforce this Ordinance shall be prescribed by rule of the Seoul Government.
[Moved from Article 15 <Apr. 28, 2022>]

ADDENDUM <Ordinance No. 8673, Mar. 27, 2023>
This Ordinance shall enter into force on the date of its promulgation.