Busan Metropolitan City Ordinance on the Support of Enhancing Consumers' Right
- Article 1 (Purpose)
- The purpose of this Ordinance is to prescribe necessary matters for the establishment and management, etc. of the Busan Metropolitan City Consumer's Life Center and Busan Metropolitan City Consumer Policy Committee pursuant to Article 16 of the Framework Act on Consumers and Article 7 and 20 of the Presidential Decree of the Framework Act on Consumers.
- Article 2(Establishment of Consumer's Life Center)
- The Busan Metropolitan City Mayor (hereinafter referred to as the "Mayor") shall establish the Busan Metropolitan City Consumer's Life Center (hereinafter referred to as the "Center") as an organization for the prompt and unbiased management of consumer's grievances and damages pursuant to Article 7 of the Presidential Decree of the Framework Act on Consumers (hereinafter referred to as the "Presidential Decree").
- Article 3(Composition of the Center, etc.)
(1)The Center shall consist of public
officials of the Busan Metropolitan City and personnel who are dispatched from
the Korea Consumer Agency and other consumer's organizations, etc.
- (2)The deputy director in charge of consumer's affairs shall be the head of the Center and supervise overall affairs of the Center.
- (3)Necessary professionals shall be dispatched to the Center.
- Article 4(Dispatch of Non-public official)
(1)The Mayor shall direct and
supervise staffs who are dispatched to the Center pursuant to Article 3,
Paragraph 1.
- The Mayor shall return the dispatched staffs to their original organizations after he/she notify the reason of return to the heads of their original organizations if the reason of dispatch disappears or the purpose of dispatch cannot be accomplished.
- The Mayor may provide allowances and traveling expenses to the dispatched staffs within the limit of the budget.
- Article 5(Functions of the Center)
-
The Center shall provide services as follows:
- 1. Providing information, public relations, research and study for the sound consuming life;
- 2. Providing plans for enhancing consumer's right;
- 3. Providing consumer counseling, redress and dispute settlement;
- 4. Providing consumer education to consumers, businessmen and public officials, etc.;
- 5. Providing supports to the activities of consumer organizations;
- 6. Other matters necessary for enhancing consumer's right.
- Article 6(Petition for the Redress of Consumer's Damage)
(1)The consumer who
suffers damage from goods or the using of service may file a petition for the
redress by the form of writing or oral statement or by using the information and
communications network.
- (2)The Mayor shall notify the petition pursuant to Article 1 to the concerning business operator, and the Standard for Consumer's Dispute Settlement pursuant to Article 8 and the Attached Table 1of the Presidential Decree shall be applied mutatis mutandis as the standard of dispute settlement between consumers and business operators.
- (3)The Mayor may order business operators to submit necessary materials for fact finding or entrust an examination to the Korea Consumer Agency for the Consumer's redress.
- Article 7(Period of the Redress of Consumer's Damage)
- The Mayor shall notify the consumer of the redress proceeding with 14 days from the day the petition was received pursuant to Article 6, and he/she shall finish the redress within 30 days. However, if he/she cannot finish the redress for inevitable reason, the Mayor shall notify both parties of redress and their agents of the reason and the deadline.
- Article 8(Suspension of the Redress Process)
- The Mayor shall suspend the redress process immediately when he/she gets to know that one party of the redress process filed a lawsuit to the court, and the Mayor shall notify the other party of it.
- Article 9(File for the Consumer Dispute Conciliation)
- The Mayor may file for the Consumer Dispute Conciliation to the Consumer Dispute Settlement Commission pursuant to Article 60 of the Framework Act on Consumers when the fact finding of the consumer's damage redress is difficult, when the ongoing case is about massive and frequent one for the whole part of county, and when one party does not accept the recommendation for conciliation.
- Article 10(Busan Metropolitan City Consumer Policy Committee)
-
The Busan
Metropolitan City Consumer Policy Committee (hereinafter referred to as the
"Committee") shall be established pursuant to Article 20 of the Presidential
Decree for deliberating the following subparagraphs:
- 1. Matters necessary for the planning and operation for the enhancing consumers' right;
- 2. Matters necessary for the appraisal of consumer policies and the system improvement;
- 3. Other matters submitted for consideration by the Mayor for enhancing consumers' right and promoting consumer's life.
- Article 11(Composition of the Committee)
(1)The Committee shall consist of no
more than 15 committee members including one chairman and one vice
chairman.
- (2)The Deputy Mayor for Administrative Affairs shall be the chairman and the vice chairman shall be elected by the mutual vote of members.
-
(3)The Director General of Economy and Industry Office shall be one of the
members of the Committee, and the Mayor shall commission among any of the
followings.
- 1. Persons who are recommended by consumer organizations registered pursuant to Article 29 of the Framework Act on Consumers;
- 2. Persons who are recommended by economic organizations pursuant to each Subparagraphs of Article 29, Paragraph 2 of the Presidential Decree;
- 3. Persons who are recommended by the Busan Metropolitan Council;
- 4. Other persons who have professional knowledge and abundant experience on the consumers' problem.
- (4)Appointed members of the Committee holds office for 2 years, and the consecutive appointment may be permitted only twice.
- Article 12(Duties of the Chairman)
(1)The chairman shall represent the
Committee and exercise the overall control of the Committee.
- (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.
- Article 13(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.
- Article 14(Executive Secretary)
- The Committee shall have one executive secretary, and the deputy in charge of consumer affairs.
- Article 15(Collecting opinions, etc.)
- The chairman of the Committee may ask anyone who has speciality in consumer's problems, consumers or relevant business operators to be present to say their opinion.
- Article 16(Allowances, etc)
- Allowances and traveling expenses may be provided within the scope of the budget to the appointed committee members and those who are present at the meeting pursuant to Article 15.
- Article 17(Managerial Rules)
- The chairman shall decide on necessary matters for the management of the Committee other than that regulated in this Ordinance with the consent of the Committee.
