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Ordinance on the Establishment and Supporting Operation of the Busan Welfare Development Foundation

By Welfare Policy Division Jan 30, 2018 378  Views
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Ordinance on the Establishment and Supporting Operation of the Busan Welfare Development Foundation

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to prescribe necessary matters on the support of the establishment and operation of the Busan Incorporated Foundation for Welfare Development (hereinafter referred to as the "Welfare Development Foundation") to develop social Welfare policies of Busan Metropolitan City and to enhance Welfare services for citizens.
  • Article 2 (Scope of Application)
  • The establishment and operation of the Welfare Development Foundation shall be pursuant to the Civil Act except for the provisions of this Ordinance.
  • Article 3 (Establishment)
  • The Welfare Development Foundation shall be established as an incorporated foundation pursuant to Article 32 of the Civil Act.
  • Article 4 (Services)(1) The Welfare Development Foundation shall provide the following services.
    • l. The provision of an allocation standard of the Welfare facilities subsidy for the reasonable distribution of the social Welfare budget, and the judgment and evaluation of the allocation.
    • 2. Establishment of mid and long-term plans for the development of social Welfare.
    • 3. Research and development on the social Welfare policy and program.
    • 4. Research and development on the current main issues of social Welfare.
    • 5. Research and development on programs related to the social welfare of local communities
    • 6. Research on the amendment and improvement of the system, regulation, and guideline in the social Welfare area
    • 7. The evaluation on the pertinence and result of social Welfare programs
    • 8. The development and evaluation of performance indicators for the operation and service of the social welfare facilities.
    • 9. The development and evaluation of the standard for evaluation of entrusted social Welfare facilities.
    • l0. The entrusted businesses from the State, Local Government, or private organizations related to the business pursuant to from subparagraph 1 to 9.
    • ll. Other necessary businesses for the fulfillment of purpose of the Foundation
  • (2) The term "social welfare facilities" of paragraph l means facilities that are for the purpose of social welfare businesses under Article 2 of the Social Services Act, which is prescribed by the bylaw.
  • Article 5 (Formation of Property)
  • The property of the Welfare Development Foundation shall be formed of the following :
    • l. Donation of the Busan Metropolitan City (hereinafter referred to as the "City")
    • 2. other profit earnings
  • Article 6 (Bylaw)
  • In addition to items from Subparagraph l to 5, Article 40 of the Civil Act, the following subparagraphs shall be stated in the bylaw of the Welfare Development Foundation.
    • l. Matters related to the directors and staff
    • 2. Matters related to the board of directors
    • 3. Matters related to the amendment of the bylaw
    • 4. Matters related to the business and the performance of the business
    • 5. Matters related to the public notice and its measures
    • 6. Matters related to the dissolution
    • 7. Other matters on the operation of the Welfare Development Foundation
  • Article 7 (Directors)(1) The Welfare Development Foundation shall have not more than ll directors, including the chief director and the president and 2 auditors.
  • (2) The Mayor of the Busan Metropolitan City (hereinafter referred to as the "Mayor") shall appoint and dismiss the chief director and the president among the candidates recommended by the board of directors and the term of office shall respectively be 3 years.
  • (3) The auditor shall be appointed by the Mayor, and the term of office shall be 2 years.
  • (4) The appointment and dismissal, and the term of office of the director shall be prescribed by the bylaw.
  • (5) Except for the president, the chief director, directors, and the auditors shall be non-standing positions.
  • Article 8 (Duties of Directors)(1) As a representative of the board of directors, the chief director shall control the affairs of the board of directors.
  • (2) In case an accident occurs, another director shall act on behalf of the chief director, pursuant to the bylaw.
  • (3) The president represents the Welfare Development Foundation, and controls the affairs.
  • (4) The auditor audits the accounts and the business affairs of the Welfare Development Foundation.
  • Article 9 (Board of Directors)(1) The board of directors shall be established to have important business matters of the Welfare Development Foundation deliberated and resolved.
  • (2) The board of directors shall consist of the chief director, the president and directors.
  • (3) The chief director shall summon the board of directors, if he/she deems it necessary, and he/she shall preside.
  • (4) The auditor may be present at the board of directors meeting and make a statement.
  • (5) Except for extraordinary cases as prescribed by the bylaw, resolutions shall require the attendance of a majority of all incumbent directors and the consent of a majority of those present.
  • Article 10 (Staff)
  • The president appoints and dismisses the staff of the Welfare Development Foundation, pursuant to the bylaw.
  • Article 11 (Commercial Business)
  • The Welfare Development Foundation may conduct commercial business, within the boundary of the purpose of establishment.
  • Article 12 (Entrustment of Business)
  • The Mayor may give priority over other organizations to the Welfare Development Foundation when he/she entrusts a business related to the Welfare development, except for cases when prescribed by other laws or in other extraordinary circumstances.
  • Article 13 (Operation Resources)(1) The operation resources of the Welfare Development Foundation shall be the donations and subsidy of the City, business profits, and miscellaneous profits.
  • (2) The Mayor may grant the donation and subsidy to the Welfare Development Foundation Within the scope of the budget in order to support the establishment, operation, and business performance of the Welfare Development Foundation.
  • Article 14 (Business Year)
  • The business year of the Welfare Development Foundation shall take after the accounting period of the general accounts of the City.
  • Article 15 (Submission of the Work plan and Budget etc.)(1) The Welfare Development Foundation shall submit a Work plan and a budget for each business year and obtain the approval of the Mayor by one month before the start of each business year. The same shall apply when changes are to be made.
  • (2) The Welfare Development Foundation shall submit a statement of accounts that captures the revenues and expenses of each business year and submit it to the Mayor within two months after the end of each business year after having it audited by a certified public accountant.
  • Article 16 (Supervision and Management)
  • lf deemed necessary the Mayor may have the Welfare Development Foundation report on the operation condition or have an public official belonging to the Mayor or an appointed person confirm and examine the business affairs.
  • Article 17 (Dispatch of officials)
  • ln accordance with Article 30-4 of the Local Public Officials Act, the Mayor may dispatch an affiliated official t0 the Welfare Development Foundation for the fulfillment of the establishment purpose.