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Busan Metropolitan City Ordinance on Inter-Korean Exchange and Cooperation

By kimminseung Dec 6, 2021 430  Views
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Busan Metropolitan City Ordinance on Inter-Korean Exchange and Cooperation

Enforced July 7, 2021

Busan Metropolitan City Ordinance No. 6410, Partially revised July 7, 2021

Chapter 1. General Provision

  • Article 1(Purpose)
  • The purpose of this Ordinance is to prescribe necessary matters for works necessary for promoting the reciprocal exchange and cooperation between the Busan Metropolitan City and the northern area (hereinafter referred to as "North Korea") of the Military Demarcation Line, to promote the exchange and cooperation, the mutual understand of Korean people, the humanism, and thus to contribute to the collaborated prosperity of South and North Korea.
  • Article 2 (Scope of Application)
  • Unless otherwise expressly provided for in other statues or Ordinances, this Ordinance shall apply to matters concerning promoting international exchanges and cooperation such as establishing sister relationships with foreign cities.
  • Article 2(Scope of Business)
  • Busan Metropolitan City (hereafter called “City”) may push for the activities of the following subparagraphs (hereafter called “Inter-Korea Exchange Cooperation Project”) to facilitate the mutual exchange and partnership with North Korea.
    • 1. Various projects, advanced jointly with North Korean residents (including corporation and/or organization) pertaining to economy, port, fishery, culture, tourism, sports, health, and scholarship
    • 2. Projects to lay ground, and raise awareness, for the inter-Korea exchange cooperation.
  • Article 3(Obligation of the City)
  • The City shall develop necessary plans for the South-North Exchange and Cooperative Project pursuant to Article 2 and implement them effectively.

Chapter 2. Inter-Korean Exchange and Cooperation Fund

  • Article 4(Establishment)
  • The City shall establish the Inter-Korean Exchange and Cooperation Fund (hereinafter referred to as the "Fund") to secure and provide the necessary money for the effective promotion of the South-North Exchange and Cooperative Project.
  • Article 5(Source of Revenue)
  • The Fund shall be created out of the following financial resources.
    • 1. Subsidy from the City;
    • 2. Profits accrued from the operation of the Fund;
    • 3. Other peripheral earnings.
  • Article 6 (Use)
  • The fund shall be used for the purpose that suits any one of the following subparagraphs:
    • 1. Advancement and support for the projects, to which any one of the following items is applicable:
      • a. Inter-Korea exchange cooperation project by the City and city members (including corporation and organization)
      • b. Activity to strengthen the exchange partnership with the cities in North Korea
      • c. Humanitarian activity on disaster and/or calamity in North Korea
      • d. Meeting and academic research, domestic and foreign, held to promote the inter-Korea exchange cooperation
    • 2. Advancement and support of the activities of unification culture cultivation, to which the following items are applicable:
      • a. Peace and unification education pursuant to the Busan Metropolitan City Ordinance for the Invigoration of Peace and Unification Education
      • b. Activity to lay grounds for the inter-Korea exchange cooperation, which accord the purpose of the fund, such as academic conference
    • 3. Expense paid to found, operate, and manage the fund
    • 4. Advancement and support for the activities reviewed and decided by the Inter-Korea Exchange Cooperation Committee
  • Article 7(Management and Operation)
  • The Busan Metropolitan City South-North Exchange and Cooperative Committee pursuant to Article 9 shall deliberate what the Fund Operation Deliberative Committee pursuant to Article 13, Paragraph 2 of the Framework Act on Fund Management of the Local Government.
  • Article 8(Accounting Officials)
  • The Fund Operators shall be appointed as follows for the efficient management and operation of the Fund. <Revised 7/7/2008, 7/6/2010, 7/10, 2013, 1/1/2015, 9/21/2016, 8/1/2018, 1/9/2019, 7/10/2019, 7/7/2021>
    • 1. Fund Operator: Director General of Administrative Management Bureau <Revised 7/7/2008, 7/6/2010, 7/10/2013, 1/1/2015, 8/1/2018, 1/9/2019, 7/10/2019, 7/7/2021>
    • 2. Deputy Fund Operator: Director in charge of South-North exchange and cooperation affairs <Revised 9/21/2016>
    • 3. Fund Accounting Public Official: Deputy Director in charge of South-North exchange and cooperation affairs.
  • Article 9 (Subsidy Support and Activity Consignment)
  • ① The mayor of Busan Metropolitan City (hereafter called “Mayor”) may support a subsidy for, or consign the activity pursuant to Article 6 to, a corporation and/or organization or an individual, when deemed necessary to conduct the activity.
  • ② The Mayor may support overseas travel expense to a private specialist, when deemed necessary to advance the activity pursuant to Article 6.
  • Article 10 (Reporting)
  • ① The fund recipient of an institution, organization, and individual (hereafter called “Fund Support Institution”) shall report the activity plan and performance results to the Mayor.
  • ② The Mayor may recover the fund, in entirety or in part, which was provided to support the Fund Support Institution, within a set period, in the event that the Fund Support Institution is deemed involved in any one of the following subparagraphs, except that the fund shall be recovered with the Fund Support Institution disqualified for the fund issuance during next five years:
    • 1. Receipt of the fund by fraud or wrongfulness
    • 2. Use or diversion of the fund in violation of the fund purpose as stipulated in the ordinance
    • 3. Suspension of the activity, in entirety or in part, intended by the fund issuance
    • 4. Any other act deemed duplicitous in the activity execution, such as a failure, refusal, and false reporting to respond to the demand of the City pertaining to the fund-issued activity
  • ③ The Fund Support Institution shall bear responsibilities to prove that the funds are distributed in a transparent manner and used to serve the rightful purpose.
  • Article 11 (Securement of Transparent Distribution)
  • The Fund Support Institution shall submit the documentations of the following subparagraphs to substantiate the securement of transparent distribution, if demanded by the Mayor, pertaining to the inter-Korea commodity support:
    • 1. Delivery and receipt of ship-out commodity exchanged with a North Korean counterpart
    • 2. Distribution report of the ship-out commodity prepared and issued by the North Korean counterpart
    • 3. Report for a visit to North Korea, including on-site visit and dialogue with beneficiaries
    • 4. Any other substantiating materials for distribution transparency and support fund use

Chapter 3. The Busan Metropolitan City South-North Exchange and Cooperative Committee

  • Article 12(Establishment)
  • The City shall establish the Busan Metropolitan City South-North Exchange and Cooperative Committee (hereinafter referred to as the "Committee") for providing advice on the smooth implement of the South-North Exchange and Cooperative Project to the Busan Metropolitan City Mayor (hereinafter referred to as the "Mayor").
  • [Repositioned from Article 9 <May 26, 2021>] <Revised May 26, 2021>
  • Article 13(Functions)
  • The Committee shall provide advices to the Mayor on the matters of following subparagraphs:
    • 1. Control and coordination of the South-North Exchange and Cooperative Project;
    • 2. Matters on the promotion of the South-North Exchange and Cooperative Project;
    • 3. Matters on developing the ground for inter-Korean exchange and on supporting civilian-level exchange;
    • 4. Other matters submitted by the Mayor needed for the promotion of the inter-Korean exchange and cooperation.
    • [Repositioned from Article 10 <May 26, 2021>]
  • Article 14(Composition)
  • ① The Committee shall consist of no more than 50 committee members including one chairman and one vice chairman.
  • ② The Mayor shall be the chairman and the vice chairman shall be elected among the members by mutual vote. The members of the Committee shall be commissioned or appointed by the Mayor among those who fall under the following subparagraphs. <Revised 9/21/2016>
    • 1. Persons who have professional knowledge and abundant experience in the South-North Exchange and Cooperative Project;
    • 2. Persons of an institution or organization related to the South-North Exchange and Cooperative Project;
    • 3. Persons who are recommended by the Busan Metropolitan Council.
    • 4. Public officials over the level of director general related to the South-North Exchange and Cooperative Project.
    • [Repositioned from Article 11 <May 26, 2021>]
  • Article 14-2 (Working Group Committee)
  • The Committee may have a working group committee in place to carry out the functions of the Committee seamlessly.
  • Article 15(Terms)
  • Commissioned members of the Committee shall hold office for 2 years, and the consecutive commission shall be permitted only twice. However, the term of office for a committee member who filled the vacancy shall be the remainder of the predecessor.
  • Article 16(Duties of Chairman)
  • ① The chairman shall represent the Council and exercise the overall control of the Council.
  • ② The vice chairman shall assist the chairman and act on behalf of the chairman when the chairman inevitably can not perform his/her duties. The committee member designated in advance by the chairman shall carry out the above duties when both the chairman and vice chairman inevitably can not perform his/her duties.
  • [Repositioned from Article 13 <May 26, 2021>]
  • Article 17(Meeting)
  • ① The chairman convokes a meeting and becomes the chairman of the meeting.
  • ② The Committee meeting is to start with a majority of the registered Committee members present and shall pass a resolution with a majority vote of the Committee members who are present.
  • [Repositioned from Article 14 <May 26, 2021>]
  • Article 17-2 (Exclusion, Recusal, and Evasion of Committee Member)
  • ① A committee member shall be excluded from the deliberation on an agenda, if the member has interests in the agenda to deliberate.
  • ② A concerned party of the agenda may file for a recusal with the Committee in the event that he/she has a reason for exclusion, pursuant to Paragraph 1, or a circumstance that makes the fair deliberation by the member unlikely to expect. In such case, and the Committee shall determine the recusal of the member.
  • ③ A member shall recuse himself/herself from the deliberation of the agenda in the event that the reason under Paragraphs 1 or 2 is applicable to the member.
  • Article 18(Executive Secretary)
  • The Committee shall have one executive secretary, and the deputy director in charge of inter-Korean exchange and cooperation activities.
  • [Repositioned from Article 15 <May 26, 2021>] <Revised Sep. 21, 2016>
  • Article 19(Collecting opinions, etc.)
  • The Committee may ask relevant civil servants or specialists to be present to say their opinion or request related institution or organization, etc. to submit data and opinion, or other necessary cooperation.
  • [Repositioned from Article 16 <May 26, 2021>]
  • Article 20(Allowances, etc)
  • The entrusted members or relevant specialists may be paid for allowance and travel expense for attending the Committee or the Working Group Committee.
  • Article 21(Managerial Rules)
  • The chairman shall decide on necessary matters for the operation of the Committee other than that regulated in this Ordinance with the consent of the Committee.
  • Supplementary Provision <Revised September 21, 2016>
  • ① (Effective Date)
  • The ordinance shall be in effect one month after proclamation.
  • ② (Term of Validity)
  • The stipulations in Articles 4 through 8 shall remain valid through December 31, 2021. <Revised September 21, 2016>
  • Supplementary Provision (Administrative Institution Establishment Ordinance) <July 7, 2008>
  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2 (Revision of Other Ordinance)
  • ① ~ (28) Omitted
  • (29) The Busan Metropolitan City Ordinance on the Inter-Korea Exchange Cooperation shall be revised in part as follows:
  • (30)~(56) Omitted
  • Supplementary Provision (Administrative Institution Establishment Ordinance) <July 6, 2010>
  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2
  • Omitted
  • Article 3 (Revision of Other Ordinance)
  • ① ~ ⑥ Omitted
  • ⑦ The Busan Metropolitan City Ordinance on the Inter-Korea Exchange Cooperation shall be revised in part as follows:
  • “Administrative Autonomy Officer” in Article 8 Paragraph 1 shall be substituted with " Administrative Autonomy Director General.”
  • ⑧ ~ (36) Omitted
  • Supplementary Provision (Administrative Institution Establishment Ordinance) <July 10, 2013>
  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2
  • Omitted
  • Article 3 (Revision of Other Ordinance)
  • ① ~ ⑫ Omitted
  • ⑬ The Busan Metropolitan City Ordinance on the Inter-Korea Exchange Cooperation shall be revised in part as follows:
  • “Administrative Autonomy Director General” in Article 8 Paragraph 1 shall be substituted with " Safety Administration Director General.”
  • ⑭ ~ (32) Omitted
  • Supplementary Provision (Administrative Institution Establishment Ordinance) <January 1, 2015>
  • Article 1 (Effective Date)
  • The ordinance shall be in effect on and after January 1, 2015.
  • Article 2
  • Omitted
  • Article 3 (Revision of Other Ordinance)
  • ① ~ (91) Omitted
  • (92) The Busan Metropolitan City Ordinance on the Inter-Korea Exchange Cooperation shall be revised in part as follows:
  • “Safety Administration Director General” in Article 8 Paragraph 1 shall be substituted with "Planning Administration Officer.”
  • (93) ~ (100) Omitted
  • Supplementary Provision <September 21, 2016>
  • The ordinance shall be in effect on and after January 1, 2017.
  • Supplementary Provision (Administrative Institution Establishment Ordinance) <August 1, 2018>
  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2
  • Omitted
  • Article 3 (Revision of Other Ordinance)
  • ① ~ ⑥ Omitted
  • ⑦ The Busan Metropolitan City Ordinance on the Inter-Korea Exchange Cooperation shall be revised in part as follows:
  • “Planning Administration Officer” in Article 8 Paragraph 1 shall be substituted with "Job Creation Economy Officer.”
  • ⑧ ~ (95) Omitted
  • Supplementary Provision (Administrative Institution Establishment Ordinance Enforcement Regulation) <August 1, 2018>
  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2 (Revision of Other Ordinance)
  • ① ~ (52) Omitted
  • (53) The Busan Metropolitan City Ordinance on the Inter-Korea Exchange Cooperation shall be revised in part as follows:
  • “Job Creation Economy Officer” in Article 8 Paragraph 1 shall be substituted with "Growth Strategy Chief Director.”
  • (54) ~ (73) Omitted
  • Supplementary Provision <February 6, 2019>
  • The ordinance shall be in effect upon proclamation.
  • Supplementary Provision (Administrative Institution Establishment Ordinance) <July 10, 2019>
  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2 (Revision of Other Ordinance)
  • ① ~ ㊽; Omitted
  • ㊽; The Busan Metropolitan City Ordinance on the Inter-Korea Exchange Cooperation shall be revised in part as follows:
  • “Growth Strategy Chief Director” in Article 8 Paragraph 1 shall be substituted with "Growth Strategy Director General.”
  • ㊿; ~ (65) Omitted
  • Supplementary Provision <May 26, 2021>
  • The ordinance shall be in effect upon proclamation.
  • Supplementary Provision (Administrative Institution Establishment Ordinance) <July 7, 2021>
  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2 Omitted
  • Article 3 (Revision of Other Ordinance)
  • ①~(62)
  • (63) The Busan Metropolitan City Ordinance on the Inter-Korea Exchange Cooperation shall be revised in part as follows:
  • “Growth Strategy Director General” in Article 8 Paragraph 1 shall be substituted with "Industry Commerce Director General.”
  • (64)~(79) Omitted
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