BUSAN METROPOLITAN CITY ORDINANCE ON THE MANAGEMENT OF SUBSIDIES
- Article 1 (Purpose)
- The purpose of this Ordinance is to provide for the matters necessary for the objects and methods of granting and uses of the subsidies based upon financial resources from the Metropolitan City's expenses.
- Article 2 (Definitions)
-
The definitions of terms used in this Ordinance shall be as follows:
- 1. The term "subsidies" means the funds to be created by the City or to make financial assistances in accordance with the necessities of public interests or the City's measures for the affairs or projects performed by persons other than the Metropolitan City (hereinafter referred to as the "City");
- 2. The term "subsidized projects" means the affairs or projects subject to a grant of subsidies.
- 3. The term "subsidized businessmen" means the persons performing the subsidized projects.
- Article 3 (Relations with Other Statutes)
- Except as otherwise prescribed by other Acts and subordinate statutes or Busan Metropolitan City Ordinances (hereinafter referred to as the "statutes"), the management of subsidies shall be made under the conditions as set by this Ordinance.
- Article 4 (Objects of Subsidies)
- Limited to the cases falling under any of the
following subparagraphs, the Mayor may grant the subsidies for all or part of the
expenses required for the said projects:
- 1. Cases which are prescribed by the Acts;
- 2. Cases depending upon the financial resources of the State's subsidies, and those are designated by the State; and
- 3. Cases which are admitted to be necessary for the projects which are recommended by the City.
- Article 5 (Applications for Subsidies)
(1) Persons who intend to receive a grant of
subsidies shall submit a written application stating the following matters:
- 1. Name or title and address of the applicant;
- 2. Purposes and details of the subsidized projects;
- 3. Gross expenses required for the subsidized projects, and the amount intended for a grant;
- 4. Amounts borne by the equity capital;
- 5. Period of the subsidized projects; and
- 6. Other matters as determined by the Mayor.
- (2) The written application as referred to in preceding paragraph shall be accompanied
by the project plans stating matters falling under any of the following subparagraphs:
- 1. Summary of the principal projects to be carried on by the applicant;
- 2. Matters concerning the assets and debts of the applicant;
- 3. Matters concerning the performance plans for the subsidized projects;
- 4. Amount of subsidies, etc. intended for a grant, and the ground for its computation;
- 5. Methods of using the expenses necessary for the subsidized projects;
- 6. Name of the person who bears other expenses than the portions appropriated by the subsidies, etc. from among the expenses required for the subsidized projects, and the amount and method of his share;
- 7. Effects of the subsidized projects;
- 8. Matters concerning the income amount to be accrued by a performance of the subsidized projects; and
- 9. Other matters as determined by the Mayor.
- Article 6 (Decision on Grant of Subsidies)
- Where a written application for a grant of
subsidies has been submitted as referred to in Article 5, the Mayor shall investigate
and examine matters listed in any of the following subparagraphs, and make his
decision on a grant of subsidies:
- 1. Whether or not violating the Acts and subordinate statutes and the purpose of budgets;
- 2. Whether or not the details of the subsidized projects are adequate;
- 3. Whether or not there exist any errors in the computation of amounts; and
- 4. Whether or not there exist any capability for shares by his own funds (limited to the case where a part of the project expenses is subsidized).
- Article 7 (Conditions for Granting Subsidies) (1) Upon making a decision on a grant of subsidies, the Mayor may attach the conditions as deemed necessary for the applicant's shares equivalent to considerable ratio of the subsidized amount, and the achievement of purposes of granting subsidies as referred to in the statutes and budgets.
- (2) Upon making a decision on a grant of subsidies, the Mayor may attach the conditions that when it is expected that the considerable gains will be accrued to the subsidized businessman from completion of the subsidized projects, the amount equivalent to all or part of subsidies shall be returned to the City.
- Article 7 (Conditions for Granting Subsidies) (1) Upon making a decision on a grant of subsidies, the Mayor may attach the conditions as deemed necessary for the applicant's shares equivalent to considerable ratio of the subsidized amount, and the achievement of purposes of granting subsidies as referred to in the statutes and budgets.
- (2) Upon making a decision on a grant of subsidies, the Mayor may attach the conditions that when it is expected that the considerable gains will be accrued to the subsidized businessman from completion of the subsidized projects, the amount equivalent to all or part of subsidies shall be returned to the City.
- Article 8 (Conditions for Granting Subsidies) (1) Upon making a decision on a grant of subsidies, the Mayor may attach the conditions as deemed necessary for the applicant's shares equivalent to considerable ratio of the subsidized amount, and the achievement of purposes of granting subsidies as referred to in the statutes and budgets.
- (2) Upon making a decision on a grant of subsidies, the Mayor may attach the conditions that when it is expected that the considerable gains will be accrued to the subsidized businessman from completion of the subsidized projects, the amount equivalent to all or part of subsidies shall be returned to the City.
- Article 9 (Methods of Grants)
- Payment of subsidies shall be made by the actual record expenses in the case of construction works and by lump sum or monthly installment in the case of other project expenses: Provided, That to the public organizations, the subsidies may be granted even in the case prior to a completion of the project, or prior to an expiration of the fiscal year.
- Article 10 (Alteration or Revocation of Decisions on Subsidies Due to Fluctuation in Situations) (1) Even after a decision on a grant of subsidies, where deemed specially necessary due to alterations in the situations, the Mayor may alter the details of and conditions for a grant of subsidies, or revoke all or part of a decision on grants: Provided, That with regard to the already-performed parts of subsidized projects, it is not allowed that their details or conditions are altered or a decision on grants is revoked.
- (2) The cases where the Mayor may revoke his decision on a grant of subsidies as
referred to in preceding paragraph shall be limited to those falling under any of the
following subparagraphs:
- 1. Where there exists no necessity for continuing all or part of the subsidized projects due to natural disasters or other causes;
- 2. Where it has become impossible to utilize the lands or other facilities as scheduled in the plans for subsidized projects; and
- 3. Where the expenses other than the portions appropriated by the subsidies, etc. (the expenses to be borne by the subsidized businessman) from among the expenses required for the subsidized projects, are not appropriated.
- (3) Provisions of Article 8 shall apply mutatis mutandis to the cases where the details of or conditions for a decision on a grant of subsidies are altered, or where a decision on a grant of subsidies is revoked as referred to the provisions of paragraph (1).
- Article 11 (Prohibition of Uses Out of Usage)
- The subsidized businessman shall perform the subsidized projects faithfully with the care of a good manager pursuant to the statute, the details of and conditions for a decision on a grant of subsidies and the Mayor's dispositions as referred to in the statutes, and he shall not be allowed to use the said subsidies for any other usages.
- Article 12 (Alteration, etc. of Details of Subsidized Projects) (1) When the subsidized businessman intends to alter the details of the subsidized project or the allotment of expenses required for the subsidized projects due to fluctuations in situations, or to hand over, suspend or discontinue the subsidized projects, he shall obtain in advance an approval from the Mayor.
- (2) The person who has succeeded to the subsidized project as referred to in paragraph (1) may receive the subsidies.
- Article 13 (Report on Actual Record of Subsidized Project) (1) When the subsidized businessman has completed the project or has obtained an approval of discontinuing business, he shall promptly submit the written report on actual record of the said subsidized project and the statement of account of project expenses to the Mayor.
- (2) When any public organization has received a grant of subsidies prior to a completion of a subsidized project or the fiscal year, it shall submit the actual record of projects and the statement of account of projects after a completion of the said project or within the relevant fiscal year.
- Article 14 (Inspection on Settlement of Project Expenses)(1) The Mayor shall make an inspection on the settlement of subsidies when the subsidized project has been completed or approved for its discontinuance, or the fiscal year has expired. (2) When the settled amount of project expenses has been decreased in comparison to the project volumes which form the basis for computing the subsidies, the subsidies shall be reduced in accordance with the ratio of such decreases.
- Article 15 (Supervision) When the Mayor deems it necessary for ensuring an adequate execution of subsidies, he may have the recipient of subsidies file a report on the subsidized project, or have the public officials under his command inspect the related books, documents or the details of the said project, or make any dispositions necessary for supervision.
- Article 16 (Report on Subsidized Projects) The recipient of subsidies shall promptly file a report with the Mayor when the causes falling under any of the following subparagraphs have occurred:
- 1. When the subsidized project has been commenced or completed;
- 2. When the project has been discontinued;
- 3. When the title of project or address has been altered; and
- 4. When the organization performing the project has been dissolved or has gone bankrupt.
- Article 17 (Sanctions against Recipient of Subsidies) When the Mayor deems that a recipient of subsidies falls under any of the following subparagraphs, he may suspend a grant of subsidies or issue an order to return all or part of the already-granted subsidies:
- 1. When he has violated the Acts and subordinate statutes or the conditions for a grant of subsidies;
- 2. When there exist no possibilities for a success of the subsidized project;
- 3. When all or part of the project has been suspended;
- 4. When the purpose of projects for a grant of subsidies do not contribute to the public;
- 5. When the subsidies have been received by falsity or illegal means; and
- 6. When he has violated any orders or dispositions under this Ordinance, or he has made a refusal of inspections or a false report.
- ADDENDA (1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. (2) (Repealed Rule) At the time when this Ordinance enters into force, the Busan Metropolitan City Rule on the Management of Subsidies (City Rule No. 110, Dec. 13, 1965) shall be repealed.
- (3) (Transitional Measures) With respect to subsidies granted under the Busan Metropolitan City Rule on the Management of Subsidies prior to the enforcement of this Ordinance, previous provisions shall apply.
