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BUSAN METROPOLITAN CITY ORDINANCE ON PREVENTION OF VIOLENCE AGAINST WOMEN AND PROTECTION OF AND SUPPORT FOR VICTIMS

By Women & Family Affairs Division Sep 28, 2020 434  Views
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BUSAN METROPOLITAN CITY ORDINANCE ON PREVENTION OF VIOLENCE AGAINST WOMEN AND PROTECTION OF AND SUPPORT FOR VICTIMS

Wholly Amended by Ordinance No. 5991, Sep. 25, 2019

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to provide for matters delegated by the Framework Act on Prevention of Violence against Women and the enforcement thereof and to systematically promote projects to prevent violence against women and to protect and support victims, thereby contributing to the improvement of the dignity and human rights of women.
  • Article 2 (Definitions)
  • The terms used in this Ordinance shall be defined as follows:
    • 1. The term "violence against women" means violence, etc. prescribed in subparagraph 1 of Article 3 of the Framework Act on Prevention of Violence against Women (hereinafter referred to as the "Act");
    • 2. The term "victim of violence against women" means a person defined in subparagraph 2 of Article 3 of the Act (hereinafter referred to as "victim");
    • 3. The term "protection and support facility for victims" means any of the following facilities:
      • (a) A facility prescribed in Article 15 (2) of the Act;
      • (b) A counseling center for victims of sexual violence prescribed in Article 10 of the Sexual Violence Prevention and Victims Protection Act, a protection facility for victims of sexual violence prescribed in Article 12 of the same Act, or an integrated support center for victims of sexual violence prescribed in Article 18 of the same Act;
      • (c) An emergency hotline center prescribed in Article 4-6 of the Act on the Prevention of Domestic Violence and Protection of Victims, a counseling center related to domestic violence prescribed in Article 5 of the same Act, or a shelter for victims of domestic violence prescribed in Article 7-2 of the same Act;
      • (d) A support facility for victims of commercial sex acts prescribed in Article 9 of the Act on the Prevention of Commercial Sex Acts and Protection of Victims, a rehabilitation support center prescribed in Article 15 of the same Act, and a counseling center for victims of commercial sex acts under prescribed in Article 17 of the same Act;
  • Article 3 (Responsibilities of the City)
  • (1) Busan Metropolitan City (hereinafter referred to as the "City") shall formulate and execute comprehensive policies necessary to prevent violence against women and to protect and support victims.
  • (2) In accordance with paragraph (1), the City shall formulate legal, institutional measures and secure financial resources therefor.
  • Article 4 (Relationship to Other Ordinances of the City)
  • Except as otherwise provided in other Ordinances of the City, the prevention of violence against women and protection of and support for victims shall be governed by this Ordinance.
  • Article 5 (Formulation of Implementation Plans)
  • (1) The Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") shall formulate and execute an annual implementation plan for preventing violence against women and protecting and supporting victims (hereinafter referred to as the "implementation plan"), in accordance with the master plan described in Article 7 of the Act.
  • (2) The implementation plan shall include the following matters:
    • 1. Objectives for the implementation of and basic direction-setting for policies intended to prevent violence against women and to protect and support victims (hereinafter referred to as "policies for preventing violence against women");
    • 2. Major tasks to be carried forward and the methods to implement policies for preventing violence against women;
    • 3. Matters concerning education and publicity on preventing violence against women;
    • 4. Matters concerning the establishment of a cooperative system for preventing violence against women and for protecting and supporting victims;
    • 5. Methods to procure financial resources related to promoting policies for preventing violence against women and to manage such financial resources;
    • 6. Other matters that the Mayor considers necessary to prevent violence against women and to protect and support victims.
  • (3) The Mayor shall reflect the result of the evaluation and analysis of the performance of the previous year's implementation plan for the previous year in the implementation plan for the subsequent year.
  • (4) If necessary to establish and execute the implementation plan, the Mayor may request cooperation from related institutions, non-profit organizations, non-profit private groups, etc. In such cases, a person who received a request for cooperation shall comply with the request unless there is a compelling reason not to do so.
  • Article 6 (Project for Protecting and Supporting Victims)
  • The Mayor may promote the following projects to prevent violence against women and to protect and support victims:
    • 1. Assistance for a protection and support facilities for victims;
    • 2. Surveys, research, education, and publicity relating to the prevention of violence against women;
    • 3. Establishment of early-stage support systems including emergency counseling for violence against women and emergency protection;
    • 4. Projects for improving welfare for victims including protection and treatment for victims and rehabilitation support;
    • 5. Projects for legal counseling for victims;
    • 6. Projects for residential support for victims;
    • 7. Projects for supporting schooling including subsidies for educational expenses for victims;
    • 8. Projects for supporting employment for victims;
    • 9. Projects for educating the employees of a protection and support facility for victims and improving their working conditions;
    • 10. Other matters that the Mayor considers necessary to prevent violence against women and to protect and support victims.
  • Article 7 (Establishment of Committee on Prevention of Violence Against Women)
  • (1) The Mayor shall establish the Busan Metropolitan City Committee on Prevention of Violence Against Women (hereinafter referred to as the "Committee") in order to deliberate and decide on the following matters as prescribed in Article 11 of the Act:
    • 1. Matters related to formulating and promoting implementation plans;
    • 2. Matters related to each sector of major policies for the prevention of violence against women;
    • 3. Institutional improvements for the prevention of violence against women;
    • 4. Matters related to adjusting and coordinating projects for the prevention of violence against women;
    • 5. Matters related to analyzing and evaluating policies for the prevention of violence against women;
    • 6. Other matters that the chairperson of the Committee submits to discuss at meetings relating to the prevention of violence against women.
  • (2) In order to efficiently perform the affairs of the Committee, the Committee may establish committees for practical affairs in such categories as domestic violence, sexual violence, and commercial sex acts.
  • Article 8 (Composition of the Committee)
  • (1) The Committee shall be comprised of not more than 20 members, including one chairperson and one vice chairperson.
  • (2) The Director-General of the Gender Equality and Family Bureau shall be the chairperson of the Committee (hereinafter referred to as the "Chairperson"), the vice chairperson shall be elected from among members of the Committee, and the members shall be appointed or commissioned by the Mayor from among the following persons, with due consideration given to their gender:
    • 1. Public officials of Busan Metropolitan City whose duties include the prevention of violence against women and protection of and support for victims.
    • 2. Persons recommended by the Busan Metropolitan Council;
    • 3. The head of the institution or organization listed below, or someone who is recommended by the head.
      • (a) A protection and support facility for victims;
      • (b) Busan Metropolitan City Office of Education;
      • (c) Busan Medical Center;
      • (d) Busan District Court, Busan District Prosecutor's Office, Busan Metropolitan Police Agency, Busan Probation Office, Korea Legal Aid Corporation's Busan Branch, Busan Bar Association.
      • (e) Other institutions, organizations, or facilities critical in establishing a cooperative system for preventing violence against women.
  • Article 9 (Term of Office of Committee Members)
  • The term of office of a commissioned member shall be two years, and they may be re-commissioned only once: Provided, That the term of office of a member filling a vacancy shall be the remaining term of his or her predecessor.>
  • Article 10 (Dismissal of Committee Members)
  • The Mayor may dismiss a member where the member falls under any of the following cases:
    • 1. Where the member becomes unable to perform his or her duties due to mental or physical disorder;
    • 2. Where the member divulges any confidential information or engages in any misconduct in connection with his or her duties;
    • 3. Where the member is deemed unfit to serve as a member due to neglect of duty, loss to dignity, or other reasons;
    • 4. Where the member voluntarily declares that it is difficult to perform his or her duties.
  • Article 11 (Duties of the Chairperson)
  • (1) The Chairperson shall represent the Committee and exercise general supervision over its affairs.
  • (2) Where the Chairperson is unable to perform his or her duties due to any unavoidable cause, the vice chairperson shall act on his or her behalf, and where both the Chairperson and vice chairperson are unable to perform such duties, a member appointed in advance by the Chairperson shall act on his or her behalf.
  • Article 12 (Meetings of the Committee)
  • (1) The Chairperson shall convene and preside over meetings of the Committee..
  • (2) A meeting of the Committee shall be held at least twice every year; and, if the Chairperson deems it necessary or at the request of at least 1/3 of the incumbent members, the Chairperson shall convene a meeting.
  • (3) A majority of the members of the committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present.
  • Article 13 (Executive Secretary)
  • The Committee shall have one executive secretary who shall handle the affairs of the Committee, and the official in charge of affairs for the prevention of violence against women shall serve as the executive secretary.
  • Article 14 (Allowances)
  • Allowances and travel expenses within budgetary limits may be paid to the commissioned members, etc. who have attended the Committee or working committee meetings.
  • Article 15 (Operating Rules)
  • Except as provided in this Ordinance, the Chairperson shall decide matters necessary for the operation of the Committee and of the working committees based on resolutions passed by the Committee.
  • Article 16 (Surveys on Actual Conditions)
  • (1) Every three years, the Mayor may conduct a survey as to the actual conditions of violence against women.
  • (2) The Mayor may conduct the survey prescribed in paragraph (1) by entrusting it to a specialized institute, etc.
  • Article 17 (Establishing Cooperative Systems between Related Agencies)
  • The Mayor shall build cooperative systems between related agencies including Gus, Guns, protection and support facilities for victims, educational institutions, medical institutions, and investigative agencies, in order to prevent violence against women and to protect and support victims.
  • ADDENDA
  • Article 1 (Enforcement Date)
  • This Ordinance shall enter into force on December 25, 2019.
  • Articles 2 (Transitional Measures concerning Alteration of Title of the Busan Metropolitan City Committee on Protection of Women and Children)
  • (1) The Busan Metropolitan City Committee on Protection of Women and Children as it existed at the time this Ordinance enters into force pursuant to the previous provisions of Article 6 shall be deemed the Busan Metropolitan City Committee on Prevention of Violence Against Women pursuant to the amended provisions of Article 7.
  • (2) The members of the Busan Metropolitan City Committee on Protection of Women and Children appointed or commissioned as at the time this Ordinance enters into force pursuant to the previous items of Article 7 (2) 2 (excluding item (b)) shall be deemed appointed or commissioned as the members of the Busan Metropolitan City Committee on Prevention of Violence Against Women pursuant to the amended provisions of Article 8 (2), and members appointed or commissioned pursuant to the previous Article 7 (2) 1 and 2 (b) shall be deemed to have their term of office terminated. In such cases, the term of office of the members shall be the remaining period of the previous term of office.
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