Busan Metropolitan City Ordinance on the Establishment and Operation of the Social Welfare Facility
- Article 1 (Purpose)
- The purpose of this Ordinance is to contribute to the promotion of citizens’ welfare and the improvement of the quality of life by prescribing the matters necessary to operate the social welfare facilities established by the Busan Metropolitan City under Article 34 (1) of the Social Welfare Services Act for ensuring the right to an existence worthy of human dignity for individuals who are in need of social.
- Article 2 (Name and Location)
- The name, location, and primary function of the social welfare facilities (hereinafter referred to as the “facility”) established by Busan Metropolitan City shall be as specified in the attached Table 1.
- Article 3 (Facility Use Permission etc.)(1) A person who uses the facilities shall obtain the permission from the Mayor of Busan Metropolitan City (hereinafter referred to as “the Mayor”) and the same shall apply in case of any modification of permitted matters
- (2) The standard of fees which a person who obtain the facility use permission under paragraph (1) (hereinafter referred to as the “facility user”) shall pay shall be as specified in the attached Table 2.
- (3) The facility user may install the equipment suitable for the use at the cost of him/her under the permission of the Mayer. In this case, if the use of facility is completed or interrupted , he/she shall remove the equipment without delay.
- Article 4 (Return of Fees)(1) The Mayor shall return all or part of fees paid under the attached Table 2 in case falling under any of the following subparagraphs:
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- 1. In case where it is difficult to use the facilities due to the event of the Busan Metropolitan City or circumstances of the facilities;
- 2. In case where he/she demand the return due to circumstances of a person who obtain the facility use permission; or
- 3. In case where it is impossible to use the facility due to force majeure or other equivalent causes.
- (2) The standards of the return of fees under paragraph (1) shall be as specified in the attached Table 3.
- Article 5 (Entrustment of Management and Operation)(1) In a case where the operation of the facility is entrusted under Article 34 (5) of the Social Welfare Services Act, Article 7 of the Busan Metropolitan City Framework Ordinance on Entrustment Contract shall apply mutatis mutandis to the necessary matters for the operation of the Entrusted Person Selection Deliberation Committee under the Enforcement Rule of the Social Welfare Services Act.
- (2) A person who is entrusted with the operation of the facility under Article 34 (5) of the Social Welfare Services Act (hereinafter referred to as the “trustee”) shall, with the care of good manager, manage and operate the facility.
- (3) The trustee shall not use the facility for any purpose other than those of its establishment.
- (4) The trustee shall neither transfer nor sublease any right related to the management and operation of the facility without the approval of the Mayor.
- Article 6 (Termination of the Entrustment Contract) (1) In any case falling under any of the following subparagraphs, the Mayor may terminate the entrustment contract:
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- 1. In a case where the trustee violates the related Act and subordinate statute or this Ordinance;
- 2. In a case where the trustee violates the entrustment contract; or
- 3. In other cases where the trustee is unable to operate the facility due to causes attributable to him/her.
- Article 7 (Hearing)
- The Mayor shall hold a hearing if he/she intends to terminate an entrustment contract under Article 6.
- Article 8 (Guidance and Supervision)(1) The Mayor may have the trustee make a necessary report on entrusted affairs or have a relevant public official investigate or inspect the operation status of the facility, the books, and etc. in a case where the operation of the facility is entrusted under Article 34 (5) of the Social Welfare Services Act.
- (2) If the Mayor deems that there are matters which shall be corrected, after receipt of a report or the results of investigation or inspection under paragraph (1), he/she shall order the trustee to correct them or to take other necessary measures.
