BUSAN METROPOLITAN CITY ORDINANCE ON OPERATION OF CHILD PROTECTION CENTER
Amended by Ordinance No. 5341, Jun. 8, 2016
- Article 1 (Purpose)
- The purpose of this Ordinance is to provide for the matters necessary for the operation of the Busan Metropolitan City Child Protection Center established to promote the welfare of children and a prompt process as to the discovery, protection, and treatment of abused children.
- Article 2 (Use of Facilities)
- (1) A person who may use (hereinafter referred to as "user") the Busan Metropolitan City Child Protection Center (hereinafter referred to as the "Center") shall include any of the following:
- 1. A person who resides in Busan Metropolitan City and is under 18 years of age under the Child Welfare Act as well as his or her protector;
- 2. A person participating in the protection of the rights and interests of children and child welfare projects;
- 3. Other persons deemed necessary by the Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") to the extent that such usage does not disrupt the operation of the Center.
- (2) The Mayor may restrict the entrance or order the exit of a person falling under any of the following subparagraphs:
- 1. A person who possesses a hazardous substance, etc. and is likely to undermine the safety of other persons;
- 2. A person who disrupts the use of facilities by other persons by talking loudly or other similar behavior;
- 3. Any other person for whom the Mayor deems that his or her entrance needs to be restricted for the protection of users, the management of facilities, etc.
- Article 3 (Facility Use Permission, etc.)
- (1) A person who intends to use the facilities of the Center shall obtain permission from the Mayor; and the same shall apply in case of any change thereof: Provided, That this shall not apply in case of participation in a project carried out under a project plan of the Center.
- (2) A person who has obtained permission to use the facilities (hereinafter referred to as the "eligible facility user") shall provide payment of fees in accordance with the attached Table 1 and may, within the scope of permission, install equipment appropriate for use.
- (3) The Mayor may exempt the fees in any of the following circumstances:
- 1. Where the State or a local government uses the facilities to organize an event;
- 2. Where the principal of a school to which children attend applies for facility use in order to have the children carry out student group activities;
- 3. Where a corporation or organization established for the protection of the rights and interests of children and promoting child welfare uses the facilities to organize events that comply with its established purpose.
- Article 4 (Requirements for Eligible Facility User)
- An eligible facility user shall act with the due care of a good manager and shall not be engaged in the following acts without approval from the Mayor:
- 1. Using the facilities for purposes other than those permitted;
- 2. Transferring or subleasing the right to use the facilities to a third party;
- 3. Changing or adding accomodations to the original form of the facilities.
- Article 5 (Suspension of Facility Use)
- The Mayor may order the suspension of facility use in any of the following circumstances. In such cases, even if damage is caused to an eligible facility user, the Mayor shall not compensate the eligible facility user for such damage:
- 1. Where permission was granted through fraud or other improper means;
- 2. Where the matters provided for in this Ordinance have been violated;
- 3. Where the conditions set forth in permitting facility use have not been complied with;
- 4. Where the use is impossible due to natural disasters or other force majeure events.
- Article 6 (Return of Fees)
- Table 2 in any of the following circumstances:
- 1. Where the use is impracticable due to an event held by Busan Metropolitan City or due to the circumstances of the Center;
- 2. Where the use is impossible due to natural disasters or other force majeure events;
- 3. Where an eligible facility user requests the return of fees due to his or her circumstances.
- Article 7 (Restitution)
- (1) When an eligible facility user completes or discontinues the use of the facilities, he or she shall immediately remove or restore any equipment or apparatus and shall receive confirmation thereof from the Mayor.
- (2) Where an eligible facility user fails to perform on the obligations required in Paragraph 1, the Mayor may or may have a third party perform the obligations on behalf of the eligible facility user and collect any costs thereof from the eligible facility user.
- Article 8 (Compensation)
- (1) Where an eligible facility user or where a user destroys or causes any damage to facilities, he or she shall compensate therefor.
- (2) Payment of compensation under paragraph (1) shall, in principle, be provided in cash, provided that the standard of payment is based on the market value at the time the damage is discovered.
- Article 9 (Entrustment of Operation)
- (1) In order to efficiently operate the Center, the Mayor may entrust all or part of the operation of the Center to any of the following persons:
- 1. A nonprofit corporation or organization whose purpose is protecting the rights and interest and promoting the welfare of children;
- 2. Other nonprofit corporations or organizations recognized by the Mayor as appropriate for the operation of the Center.
- (2) If the Mayor intends to entrust the operation of the Center under paragraph (1), he or she shall form an entrustment contract with an entrusted person (hereinafter referred to as "entrusted person"), and the period for the entrustment of the operation shall be up to five years.
- (3) Where the operation of the Center is entrusted, operational expenses shall be covered by fees under Article 3, other revenues accruing from its operation, etc.
- Article 10 (Guidance and Supervision)
- (1) The Mayor shall guide and supervise entrusted persons on at least one occasion annually and may require them to make a report on entrusted affairs or have relevant public officials investigate or inspect the status of the management and operation, documents, etc., if deemed necessary.
- (2) If any matter is found to be in need of correction after a report is made or an investigation or inspection is conducted under paragraph (1), the Mayor shall order an entrusted person to correct such matter or shall take other necessary measures.
- Article 11 (Termination of Entrustment Contract)
- The Mayor may terminate an entrustment contract in any of the following circumstances:
- 1. Where an entrusted person violates relevant statutes or regulations or this Ordinance;
- 2. Where an entrusted person violates an entrustment contract;
- 3. Where the normal operation of facilities is impracticable due to any reason attributable to an entrusted person.
- Article 12 (Hearing)
- The Mayor shall hold a hearing where he intends to terminate the entrustment contract pursuant to Article 11.
- Article 13 (Delegation of Authority)
- The Mayor shall delegate to the head of the Busan Metropolitan City Child Protection Center the authority regarding the affairs under Articles 2 through 8.
- ADDENDUM <Ordinance No. 5341, Jun. 8, 2016>
- This Ordinance shall enter into force one month after the date of its promulgation.
