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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON USE AND MANAGEMENT OF SEOUL PLAZA

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary for the usage and management of the Seoul Plaza, so that it can be utilized by citizens for wholesome recreational and cultual activities as well as events, assemblies, and demonstrations in the public interest.
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

Article 2 (Definitions) Terms used in this Ordinance shall be defined as follows:
1. "Usage" means activities that restrict many unspecified citizens's free use of the Seoul Plaza (hereinafter referred to as the "Plaza") by using a part or the whole of the Plaza;
2. "Reporting person" means an individual or organization who intends to use the Plaza in his/her name and under his/her responsibility;
3. "User" means an individual or organization who intends to use the Plaza in accordance with this Ordinance after filing a report on the use of the Plaza;
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

Article 3 (Management) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall keep the conditions of the Plaza appropriate for citizens to walk freely therein.
(2) The Mayor shall maintain the Plaza properly so that it can be used by citizens as a space for wholesome recreational and cultual activities as well as events, assemblies, and demonstrations in the public interest.
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

Article 4 (Entrusted Operation) (1) The Mayor may fully or partially entrust a legal entity or an individual with works for the management of the Plaza. <Amended by Ordinance No. 5031, Sep. 27, 2010>
(2) As to the procedures and methods necessary for the entrustment under paragraph (1), the Seoul Metropolitan Government Ordinance on the Entrustment of Administrative Works to Private Sector shall apply mutatis mutandis.
[This Article Wholly Amended by Ordinance No. 4774, May 28, 2009]

Article 5 (Usage Report) A person who intends to use the Plaza shall file a report on the usage of the Plaza with the Mayor during the period between 7 and 60 days before the day on which he/she intends to use the Plaza in attached Form, describing the purposes, date, and time of the usage, the name and address of the reporting person, and the estimated number of persons who intend to use it.
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

Article 6 (Acceptance of Usage Report) (1) In principle, the Mayor shall accept a usage report filed in accordance with Article 5: Provided, That the Mayor may refuse to accept a report after hearing the opinion of the Seoul Metropolitan Government Citizens' Committee on the Operation of Open Plaza under the Seoul Metropolitan Government Ordinance on the Establishment and Operation of the Citizens' Committee on the Operation of Open Plaza (hereinafter referred to as the "Committee"), if the usage is contrary to the purposes of the creation of the Plaza, if the usage is restricted by any other Act or subordinate statute, or if it is anticipated that the usage is likely to harm the body or life of citizens.
(2) In accepting usage reports pursuant to paragraph (1), the usage report filed first shall be accepted, if two or more reports are filed for the same day; but a report on any of the following events may be given priority in accepting usage reports:
1. An event held by the central government or a local government for public interest;
2. An event for which an assembly report has already been filed in accordance with the Assembly and Demonstration Act;
3. A cultural or art event, such as a performance and an exhibition;
4. An event for children or juveniles;
5. Any other event recognized by the Committee as an "event for public interest."
(3) The Mayor shall not discriminate any person filing a report on the usage of the Plaza on the ground of the gender, disability, political ideology, religion, or such of the person.
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

Article 7 (Notification in Response to Usage Report) (1) Upon receiving a report on the usage of the Plaza, the Mayor shall notify the reporting person within 48 hours of whether he/she accepts the report, and the reporting person shall comply with conditions attached to the acceptance.
(2) If a usage report is rejected, the reporting person shall be clearly notified of the grounds therefor.
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

Article 8 (Change or Revocation of Acceptance of Report) If the usage of the Plaza is clearly anticipated to harm the body, life, or property of citizens or if any unavoidable event occurs after accepting a report on the usage of the Plaza pursuant to Article 7, the Mayor may change conditions attached to the acceptance of the report or revoke the acceptance after hearing the opinion of the Committee. In such cases, the Mayor shall notify the user thereof in advance.
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

Article 9 (Cessation of Use) The Mayor may force a user to cease the usage of the Plaza in any of the following events:
1. If the Plaza is used for any purpose other than the reported purpose of usage;
2. If the user breaches its obligations prescribed by Rule.
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

Article 10 (Collection of and Exemption from User Fee) (1) The Mayor shall collect the user fees prescribed by Rules from users within the extent set out in the Table attached hereto.
(2) A user shall pay the user fee under paragraph (1) within five days from the day on which he/she receives the notice of the acceptance of the usage report: Provided, That the user fee shall be paid by the day immediately before the date of usage, if the acceptance of the usage report has been notified by no earlier than four days before the date of usage. <Amended by Ordinance No. 5031, Sep. 27, 2010>
(3) No user fee for the Plaza which has not been used, shall be refunded even if the date of use lapses: Provided, That the foregoing shall not be applicable if a reporting person was unable to use the Plaza on the date of use due to any cause other than the reporting person's fault. <Amended by Ordinance No. 5031, Sep. 27, 2010>
(4) Notwithstanding paragraph (1), the Mayor may exempt a user from the user fee in any of the following cases:
1. If an event is held by the central government or a local government;
2. If the Mayor considers it necessary for the promotion of cultural or art activities, or any other public interest.
(5) If a user fails to pay the user fee by the deadline under paragraph (2), the acceptance of the use report shall become ineffective. <Amended by Ordinance No. 5031, Sep. 27, 2010>
(6) Except as otherwise provided for in this Ordinance, the Article 140 of the Local Autonomy Act shall apply to the procedures for collecting user fees and filing an objection.
[This Article Wholly Amended by Ordinance No. 4774, May 28, 2009]

Article 11 (Restoration to Original State, etc.) (1) After using the Plaza, a user shall remove structures temporarily installed, clean the Plaza, and take other measures necessary to reinstate it.
(2) If the use of the Plaza has caused any damage to the Plaza, the Mayor may request the user to compensate for the damage or take any equivalent measure.
[This Article Wholly Amended by Ordinance No. 4774, May 28, 2009]

Article 12 (Application Mutatis Mutandis) Except as otherwise provided for in this Ordinance, the Public Property and Commodity Management Act and other relevant Acts and subordinate statutes shall apply mutatis mutandis as to the use and management of the Plaza.
[This Article Wholly Amended by Ordinance No. 4774, May 28, 2009]

Article 13 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by Rule.
[This Article Wholly Amended by Ordinance No. 5031, Sep. 27, 2010]

ADDENDUM <Ordinance No. 4187, May 20, 2004>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4588, Dec. 26, 2007>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4774, May 28, 2009>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 5031, Sep. 27, 2010>