Busan Metropolitan City Ordinance to Support Resident Aliens : City Government

BUSAN METROPOLITAN CITY ORDINANCE TO SUPPORT RESIDENT ALIENS

Ordinance No. 4812, Oct. 31, 2012

Amended by Ordinance No. 4881, Jul. 10, 2013

Ordinance No. 5043, Jul. 9, 2014

Ordinance No. 5081, Jan. 1, 2015

Ordinance No. 5098, Feb. 25, 2015

Ordinance No. 5542, Mar. 22, 2017

The purpose of this Ordinance is to help adaptation of resident aliens residing in Busan Metropolitan City to local communities, improving convenience in their lives as well as protecting their human rights, and to work on assisting measures necessary for their independent living, so that they can settle down as members of local communities.

The terms used in this Ordinance shall be defined as follows:
- 1. "Alien" means a person who is not a national of the Republic of Korea;
- 2. "Resident alien" means any of the following persons residing in Busan Metropolitan City (hereinafter referred to as the "City"):
  - (a) An alien who stays in the Republic of Korea more than 90 days for the purpose of residence;
  - (b) A person who acquires nationality of the Republic of Korea under Article 3 or 4 of the Nationality Act;
- 3. "Resident alien family" means a community formed with resident aliens by marriage, adoption, or blood ties, in which they live or reside together.

Except as otherwise provided for expressly in any other Municipal Ordinance, assistance to resident aliens shall be governed by provisions of this Ordinance.

The Metropolitan City shall support resident aliens to settle down early in local communities, and implement policies to develop conditions under which resident aliens can live in harmony with local residents.

(1) The Mayor of the Busan Metropolitan City (hereinafter referred to as the "Mayor") shall formulate and implement support plans for resident aliens every year so as to assist resident aliens efficiently.

(2) Support plans for resident aliens shall include each of the following matters:
- 1. Goals and vision for supporting resident aliens;
- 2. Matters regarding surveys on the actual condition of resident aliens;
- 3. Matters regarding the provision of support services, such as education, counselling service, medical service, child care service for resident alien families;
- 4. Matters regarding the establishment of cooperation with non-governmental organizations;
- 5. Matters regarding the protection of human rights of resident aliens;
- 6. Other matters necessary for assistance to resident aliens.

In order to deliberate on the following matters to support resident aliens, the Mayor shall establish an assistance council for resident aliens under the Busan Metropolitan City (hereinafter referred to as the "Council"):
- 1. Formulation of support plans for resident aliens;
- 2. Cooperative measures for an efficient implementation of assistance programs for resident aliens;
- 3. Realization of local communities in harmony with resident aliens;
- 4. Other matters submitted to meetings for deliberation by the council chairperson regarding assistance to resident aliens.

(1) The Council shall be comprised of not more than 20 members, including one chairperson, and council members who are not public officials shall be a majority of all council members. (Amended by Ordinance No. 5043, Jul. 9, 2014)

(2) The Director General of the Gender Equality and Family Bureau shall serve as the chairperson of the Council, and the vice chairperson shall be elected by and from among council members. (Amended by Ordinance No. 4881, Jul. 10, 2013; Ordinance No. 5098, Feb. 25, 2015)
(3) Members of the Council shall be appointed or commissioned by the Mayor from among the following persons, taking gender into consideration:
- 1. Council members recommended by the Busan Metropolitan Council;
- 2. Grade-Ⅳ or higher-ranking public officials of the Metropolitan City;
- 3. Public officials recommended by the Superintendent of the Busan Metropolitan City Office of Education from among public officials of the Office of Education;
- 4. Public officials recommended by the Commissioner of the Busan Metropolitan Police Agency from among public officials of the Police Agency;
- 5. Public officials recommended by the head of the Busan Regional Employment and Labor Office from among public officials of the Regional Employment and Labor Office;
- 6. Public officials recommended by the head of the Busan Immigration Control Office from among public officials of the Immigration Control Office;
- 7. Persons who have abundant knowledge and experience in assistance to resident aliens;
- 8. Resident aliens who have resided in the City for at least one year.
(4) The term of office of each commissioned council member shall be two years, but may be renewed consecutively only once: Provided, That the term of office of a supplementary council member shall coincide with the remaining term of office of his/her predecessor.

(1) The chairperson shall represent the Council and administer all business affairs of the Council.

(2) If the chairperson is unable to perform any of his/her duties due to unavoidable circumstances, the vice chairperson shall act on behalf of the chairperson, but if both the chairperson and vice chairperson are unable to perform their duties due to unavoidable circumstances, the council member preliminarily designated by the chairperson shall act on behalf of the chairperson.

(1) The chairperson shall convene a meeting of the Council. (Amended by Ordinance No. 5542, Mar. 22, 2017)

(2) A meeting of the Council shall be duly formed with the attendance of a majority of current council members, and a resolution at the meeting shall be adopted by the concurring votes of a majority of the council members present at the meeting.

The Council shall have one secretary who takes charge of executing administrative affairs of the Council; the Grade-Ⅴofficer in charge of affairs of resident aliens shall serve as the secretary.

Commissioned council members may be reimbursed for allowances and travel expenses within budgetary limits.

Except as otherwise provided for in this Ordinance, matters necessary for the operation of the Council shall be determined by the chairperson, subject to prior resolution by the Council.

(1) The Mayor may subsidize non-profit legal entities or organizations conducting support programs for resident aliens with respect to expenses incurred in executing such programs within budgetary limits.

(2) The Busan Metropolitan City Ordinance on Management of Local Subsidies shall apply to the procedure, method, etc. for subsidization for expenses under paragraph (1). (Amended by Ordinance No. 5542, Mar. 22, 2017)

In order to celebrate the Together Day pursuant to Article 19 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea, the Mayor may host the following events:
- 1. Ceremonies and cultural, artistic, and sports events;
- 2. Events for presentation of research results and for international exchange;
- 3. Conferment of honorary citizenships and commendation of persons and organizations of distinguished service;
- 4. Other events for raising local people's awareness of resident aliens.

(1) In order to assist resident aliens efficiently, the Mayor may entrust part of the administrative affairs relating to assistance to resident aliens to a non-profit legal entity or organization established for the objective of providing assistance to resident aliens.

(2) When the Mayor entrusts administrative affairs to a person pursuant to paragraph (1), he/she may subsidize the person to whom the administrative affairs are entrusted for expenses incurred in carrying out the affairs within budgetary limits.

The Mayor may bestow a reward in accordance with the Busan Metropolitan City Ordinance on Rewards to a legal entity, organization, or individual recognized as having significantly contributed to the State and local communities through support activities for resident aliens.

ADDENDUM

This Ordinance shall enter into force one month after the date of its promulgation.

ADDENDUM (Ordinance No. 5542, Mar. 22, 2017)

This Ordinance shall enter into force one month after the date of its promulgation.

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Ordinances

Busan Metropolitan City Ordinance to Support Resident Aliens

BUSAN METROPOLITAN CITY ORDINANCE TO SUPPORT RESIDENT ALIENS