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Busan Metropolitan City Framework Ordinance on the Entrustment

By 김민성 Feb 26, 2018 580  Views
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4. Busan Metropolitan City Framework Ordinance on the Entrustment

  • Article 1(Purpose)
  • The purpose of this Ordinance is to determine the affairs within those under the authority of the Mayor of Busan Metropolitan City which may be entrusted to a juristic person, an organization or its organ or an individual as prescribed in Article 104 of the Local Autonomy Act so that the opportunity for nongovernmental sector to voluntarily participate in administration may expand and simplification of affairs may result in enhancement of administrative efficiency.
  • Article 2 (Definitions)
  • The definition of terms used in this Ordinance shall be as follows:
    • 1. "Non-governmental entrustment" means entrusting a part of the affairs of the Mayor of Busan Metropolitan City stipulated in various Acts and subordinate statues or ordinances to a juristic person, an organization or its organ or an individual other than local governments, and allowing to exercise under one's name and responsibility;
    • 2. "Entrusted institution" means a juristic person, an organization or its organ or an individual entrusted with the Mayor's affairs other than local governments.
  • Article 3 (Scope of Application)
  • Except as otherwise prescribed in other Acts and subordinate statutes or ordinances, this Ordinance shall apply to affairs of non-governmental entrustment.
  • Article 4 (Standard, etc. of Nongovernmental Entrustment) ① The Mayor may entrust the following affairs within those under one's jurisdiction which shall not directly relate to the rights and duties of citizens, such as investigation, inspection, authorization and management duty, as prescribed in Acts and subordinate statutes or ordinances:
  • 1. Administrative function of a basic factual act;
  • 2. Affairs which considerably require efficiency than public interest;
  • 3. Affairs which require special knowledge or skill;
  • 4. Other basic administrative affairs, such as facility management, etc. ② The Mayor shall entrust an affair falling under any of the subparagraph of paragraph 1 to nongovernmental sector when necessary upon judging the necessity and appropriateness of nongovernmental entrustment periodically and synthetically. ③ When entrusting an affair falling under any of the subparagraph of paragraph 1, the Mayor shall synthetically examine the problems, such as delay in processing of affairs, requiring unnecessary documents, unfairness of process standards, and unfair collection of commission, and shall contrive supplementary measures to prevent them; shall instruct guidance on processing of affairs necessary for dealing with entrusted affairs; and may provide the entrusted institution for the costs required to process the entrusted affair within the scope of budget.
  • Article 5 (Affairs Subject to Nongovernmental Entrustment)
  • The affairs which are to be entrusted to the nongovernmental sector as prescribed in Article 4 are listed in the attached Table.
  • Article 6 (Standard for Selection, etc. of Institutions Subject to Nongovernmental Entrustment)
  • When selecting the institution subject to nongovernmental entrustment, the Mayor shall require the Busan Metropolitan City Nongovernmental Entrustment Deliberation Committee as prescribed in Article 7 to select the eligible institution upon examining the following subparagraphs synthetically:
    • 1. Degree of holding human resources, instruments, facilities, equipments and skills needed for performing entrusted affairs;
    • 2. Financial capacity;
    • 3. Competency and public confidence;
    • 4. Relationship between the function of a institution subject to nongovernmental entrustment and the entrusted affair;
    • other necessary matters such as balance between boroughs(Gu) and counties(Gun), etc. ② When selecting the institutions subject to nongovernmental entrustment pursuant to paragraph 1, the Mayor shall open the invitation to the public, except as otherwise prescribed in other Acts and subordinate statutes: Provided, That the qualifications of institution subject to nongovernmental entrustment may be limited within the scope not violating related Acts and subordinate statutes when deemed necessary upon examining the purpose, nature, scale, etc. of nongovernmental entrustment. ③ When publicly inviting institutions subject to nongovernmental entrustment, an application together with a business plan, etc. shall be submitted.
  • Article 7 (Establishment and Management of Nongovernmental Entrustment Deliberation Committee)① The Mayor shall establish the Busan Metropolitan City Nongovernmental Entrustment Deliberation Committee (hereinafter referred to as the "Committee") to deliberate the selection of an institution subject to nongovernmental entrustment.
  • ② The Committee shall consist of members between 6 to 10 members including the chairman of the Committee.
  • ③ The chairman shall be elected among the members, and members of the Committee shall be commissioned or appointed by the Mayor among those who fall under the following subparagraphs:
    • 1. Public officials of Grade 4 or higher Grade working in the Busan Metropolitan City;
    • 2. Relevant specialists of nongovernmental entrustment such as university professors, lawyers, CPAs, etc.
  • ④ The term of Committee member is from the date he/she is commissioned or appointed to the date when the Committee selects the institution subject to nongovernmental entrustment,
  • ⑤ The Committee meeting is to start with a majority of the incumbent Committee members present and shall pass a resolution with a majority vote of the Committee members who are present.
  • ⑥ The Committee shall deliberate the submitted business plan objectively and fairly, and may examine the actual situations or request the applying person to submit necessary materials.
  • ⑦ Allowances and traveling expenses may be provided within the scope of the budget to the appointed committee members.
  • ⑧ The chairman shall decide on necessary matters other than that regulated in this Ordinance with the consent of the Committee.
  • Article 8 (Conclusion of Contract)
  • When the institution subject to nongovernmental entrustment has been selected, the Mayor shall conclude a contract incorporating the following contents:
    • 1. Name and address of entrusted institution;
    • 2. Purpose of nongovernmental entrustment;
    • 3. Entrusted affair and its content
    • 4. Period of entrustment;
    • 5. Commission or cost of entrustment;
    • 6. Obligation of entrusted institution;
    • 7. Termination of contract;
    • 8. Responsibility upon violation of contract;
    • 9. Other necessary matters, such as interpretation of contract, etc.
  • Article 9 (Collection Service Charge, Etc.) ① The Mayor may have the entrusted institution collect the service charge, fee, expenses, etc. pursuant to laws or ordinances from the users, etc. for the performance of entrusted affairs.
  • ② The entrusted institution shall obtain approval from the Mayor previously in order to collect the service charge, fee, expenses, etc. pursuant to Paragraph 1 unless there is another provision applied.
  • Article 10 (Responsibility and Indication of Title) ① The entrusted institution shall bear the responsibility for the entrusted affairs, the Mayor shall have the responsibility of supervision thereof. ② The entrusted institution shall use its title when it execute the power regarding entrusted affairs.
  • Article 11 (Supervision and Management) ① The Mayor shall conduct supervision and management on the entrusted institution, and if necessary, the Mayor may make it report on the necessary matters of entrusted affairs or submit necessary documents.
  • ③ The Mayor may cancel or suspend the entrusted affair if he/she deems it is unlawful or unfair.
  • ④ When the Mayor cancels or suspends the mattered affair pursuant to Paragraph 3, he/she shall notify the reason of cancellation or suspension in writing to the entrusted institution, and shall give it an opportunity to state an opinion.
  • ⑤ The government official who conducts any inspection under Paragraph 2 shall carry with him/her a certificate indicating his/her competence, and show it to the interested persons.
  • Article 12 (Business Manual) ① The entrusted institution shall prepare and manage a business manual which has the information of regarding branches, processing periods, procedures, processing standards, needed documents, forms and fees, etc. for each entrusted affairs.
  • ② When the entrusted institution prepare the business manual pursuant to Paragraph 1, it shall have the approval from the Mayor.
  • Article 13 (Audit of Current Status)① The Mayor shall audit the result of entrusted affairs at least once a year.
  • ② The Mayor may take necessary measures on the entrusted institution and order managerial measures on related officers and staffs if the management of entrusted affairs is considered as unlawful or unfair.
  • Article 14 (Hearing)
  • The Mayor shall conduct a hearing when the entrustment contract is to be canceled pursuant to Article 8.

5. Busan Metropolitan City Ordinance on the Local Development Fund

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to establish the Busan Metropolitan City Local Development Fund (hereinafter referred to as the "Fund") for the securing and supplying funds needed to promote the welfare of citizens and to support local public enterprises and local development, and to prescribe such matters to effectively manage and use it.
  • Article 2 (Establishment of Special Account) ① The Busan Metropolitan City Local Development Fund Special Account shall be established.
  • ② Paragraph 13 of the Local Public Enterprises Act (hereinafter referred to as the "Law") shall apply to the Special Account pursuant to Paragraph 1.
  • Article 3 (Designation of Manager)
  • The manager pursuant to Article 7 of the Law shall be designated, and the Director General for the Policy and Planning shall be the manager.
  • Article 4(Source of Fund)
  • The Fund shall be raised through the following sources:
    • 1. Support and loan from the government;
    • 2. Contribution of the Busan Metropolitan City(hereinafter referred to as the "City")
    • 3. Revenue from the issue of Busan Metropolitan Local Development Bond((hereinafter referred to as the "Local Development Bond");
    • 4. Profits accrued from the operation of the Fund;
    • 5. Money transfered from and into the general account, etc. for using as a separate circulation fund earmarked for a special purpose;
    • 6. Other support for the establishment of the Fund.
  • Article 7 (Issue and Registration of the Local Development Bond) ① The Mayor may issue the Local Development Bond pursuant to Article 19, Paragraph 2 for securing the investment source and for the local development with the approval of Busan Metropolitan Council.
  • ② The Local Development Bond shall be issued with the registration to the register authority pursuant to Article 3 of the Registration of Bonds and Debentures Act.
  • ③ The necessary matters for the method of issue, registration and other process, etc. shall be prescribed in Municipal Rules.
  • Article 8 (Purchase of Local Development Bond, Etc.) ① Any person falling under each of the following subparagraphs shall purchase the Local Development Bond following the standard of the Attached Table 1, and the persons who are exempted from the purchase shall be the Attached Table 2. However, the business of the Busan Metropolitan City Superintendent of Education shall be excluded.
    • 1. Anyone who receives license, permission or authorization from the City or boroughs(Gu) and counties(Gun) (hereinafter referred to as the "Borough");
    • 2. Anyone applies for report or registration to City or Borough;
    • 3. Anyone enters into a contract of undertaking, service, purchase, repair or manufacture;
  • ② The City shall not sell the Local Development Bond to persons subject to purchase pursuant to this Ordinance if the City and Borough issue other bonds under other Ordinance. However, this shall not apply when other law allows the issue of other bond,
  • ③ When the bonds issued pursuant to Busan Metropolitan City Ordinance on the Urban Railroad is sold out during the fiscal year, the bond pursuant to this Ordinance shall be purchased throughout the rest of the fiscal year.
  • ④ Necessary matters such as the applying process for purchasing of the Local Development Bond, the proof of purchase, etc. shall be prescribed in Municipal Rules.
  • Article 9 (Repayment and Interest Rate of Local Development Bond) ① The principal and interest of the Local Development Bond shall be redeemed at the same time after 5 years from the issue date, and the interest rate shall be 2.5 percent of compound interest per year.
  • ② The issue date of the Local Development Bond shall be the last date of the month which the selling date belongs. However, the interest accrued between the actual selling date and the issue date shall be paid at the time of selling.
  • ③ The extinctive prescription of the Local Development Bond shall be 10 years for the principal and 5 years for the interest after the repayment date pursuant to Paragraph 1.
  • ④ The Mayor shall make an official notice of the start of repayment on daily newspapers, the Busan Gazette and Internet Website of the City before one month of the starting date of repayment for the incoming repayment of the Local Development Bond, and the interest after the repayment date shall not be paid.
  • ⑤ The principal and interest of the Local Development Bond shall not be redeemed before the repayment date is not reached. However, they may be paid in case of following subpragraphs and the process of repayment shall be determined by Municipal Rules:
    • 1. When the reason of purchasing the Local Development Bond such as license, permission, authorization or contract is revoked, canceled or returned without the responsibility of the buyer;
    • 2. When the buyer of the Local Development Bond turns out to be not eligible for the purchase, or the buyer purchased excessively over the legitimate limit.
  • Article 10 (Entrustment of Selling and Redemption Business)
  • The Mayor may entrust businesses concerning the selling and redemption of Local Development Bond to the main and branch office of the City Safe, or a financial institution designated by the Mayor.
  • Article 11 (Loan of the Fund) ① The Fund shall be provided with preference to local development activities such as water supply and drainage, expansion of road system, etc., the funding priority shall be decided based on the promotion of citizen's welfare, profits of business, balance of regions, and the necessary matters such as the process of loan, procedures, etc. shall be determined by Municipal Rules.
  • ② The interest rate of the loan shall be 3.5 percent per year, the term of the loan shall be repaid equally for 10 years period after two years from the starting date of the loan.
  • ③ When the Mayor wants to loan for the special purpose with the separate circulation fund pursuant to Article 4, Subparagraph 5, he/she may give loan with separate favorable interest rate within the limit of Paragraph 2.
  • ④ Even before the date of repayment, the Mayor may retrieve the loan in part or whole if anyone who received the loan pursuant to Paragraph 1 uses it for other purpose than the original one.
  • ⑤ When anyone received the loan delays the payment of principal and interest, he/she shall pay the arrears for the period from the next date of the original repayment day to the actual repayment date based on the general loan's arrears rate of the financial institution which is entrustd with the repayment business of the Local Development Bond, if the repayment date is a public holiday or a non-business day of a financial institution, the repayment shall be paid on the next business day.
  • Article 12 (Management of the Fund)① The Mayor shall give loans from the Fund based on the priority pursuant to Article 11, Paragraph 1 and the year-round money flow.
  • ② The Mayor may divert funds from other account within the budget limit of the same fiscal year pursuant to Article 65 of the Local Finance Act if the cash is insufficient for the management of the Fund.
  • Article 13 (Designation of Account Managing Public Officials)① There shall be the following accounting public officials pursuant to Article 34 of the Law:
    • 1. The Fund accounting officer: the Director in charge of budget;
    • 2. The government official in charge of income: the Deputy Director in charge of the Fund;
    • 3. The treasurer: the Deputy Director in charge of the Fund;
    • 4. The Asset accounting officer: the Deputy Director in charge of the Fund.
  • ② Besides the government officials pursuant to Paragraph 1, the administrator may determine seperately on the designation.
  • Article 14 (Deliberation on the Fund Operation)
  • The Busan Metropolitan City Financial Plan Deliberative Committee shall deliberate on following matters for the effective operation and management:
    • 1. Matters on the Fund operation plan pursuant to Article 5;
    • 2. Matters on the Fund loan pursuant to Article 11;
    • 3. Other matters for the operation of the Fund which the Mayor deems necessary.

6. Busan Metropolitan City Ordinance on Honorable Treatment and Support of Model Taxpayer

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to prescribe the matters necessary to honorably treat and support model taxpayers in order to secure stable independent source of revenue by forming sound culture of tax payment through inspiring self-respect of tax payment in good faith.
  • Article 2 (Subject)
  • Model taxpayers subject to honorable treatment and support prescribed in this Ordinance are as follows:
    • 1. Excellent taxpayer: a person who has been selected by the Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") to have distinctly contributed to the stable operation of finance, among taxpayers in good faith;
    • 2. Taxpayer in good faith: a person who fall under one of the following subparagraphs among taxpayers who have paid in full within the time limit of payment during the last three years as from January 1.
      • (a) juristic person: a person who has a record of tax payment of more than two thousand won, and the number of payment is more than three cases each year;
      • (b) individual: a person who has a record of tax payment of more than two hundred won, and the number of payment is more than three cases each year;
    • 3. Electronic taxpayer: a person who has been notified and informed of the payment of local tax in electronic document pursuant to Article 36 of the Electronic Government Act, and has paid in full within the time limit of payment by means of electronic money, electronic payment, etc. using information and communications network pursuant to Article 38 of the same Act.
  • Article 3 (Selection of Excellent Taxpayer)① Anyone wishes to be the excellent taxpayer shall submit the excellent taxpayer application pursuant to the Attached Form 1 until the end of January every year to the head of Borough(Gu) and County(Gun) (hereinafter referred to as the "Head of Borough") who in charge of the region.
  • ② The Head of Borough shall recommend the candidate for the excellent taxpayer to the Mayor until February 10th every year based on the number of Local Tax payment and records.
  • ③ The Mayor shall decide on the excellent taxpayer after the deliberation of the Examination Committee for the Legality Prior to Duty Imposition pursuant to the Busan Metropolitan City Ordinance on the City Tax.
  • ③ When the excellent taxpayer is decided pursuant to Paragraph 3, the Mayor shall notify the result to the Head of Borough and the excellent taxpayer, and confer the certificate of excellent taxpayer pursuant to the Attached Form 2.
  • Article 4 (Honorable treatment and Support)
  • The honorable treatment and support of following subparagraphs shall be provided to model taxpayers:
  • 1. Excellent taxpayer:
    • (a) 3 years' delay of tax examination pursuant to Article 64 of the Local Tax Act.
    • (b) One time exemption of the securities equivalent to the deferred tax amount pursuant to Article 42 of the Local Tax Act during 2 years' period.
    • (c) Providing charge reduction for using the Busan Metropolitan City Safe designated under Article 77 of the Local Finance Act.
    • (d) Free usage of toll roads and public parking spaces which the Busan Metropolitan City manages or gives the entrustment thereof.
    • (e) Public relations on excellent taxpayers or other administrative convenience.
  • 2. Taxpayer in good faith:
    • (a) Providing discount fee for the guarantee if he/she receives the guarantee from the Busan Metropolitan Credit Guarantee Foundation.
    • (b) Providing favorable interest rate of loan and savings by the Busan Metropolitan City Safe designated under Article 77 of the Local Finance Act.
  • 3. Electronic taxpayer: providing in part of expenses for the imposition and collection of local taxes within the budget limit.

7. Busan Metropolitan City Ordinance on the Establishment and Supporting Management of Busan English Broadcasting Foundation

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to prescribe such matters as the establishment and supporting management of the incorporated foundation pursuant to Article 32 of the Civil Act, Busan English Broadcasting Foundation, for the efficient broadcasting in English of which main broadcasting area is Busan Metropolitan City.
  • Article 2 (Scope of Application)
  • Matters relevant to the establishment and management of the Busan English Broadcasting Foundation (hereinafter referred to as the "Foundation“) which are not regulated in this Ordinance shall comply with the Civil Law.
  • Article 3 (Business)
  • The Foundation shall conduct the business activities of the following subparagraphs:
    • 1. Providing information and knowledge by the English radio broadcasting;
    • 2. Planning, organization, making and operation of broadcasting programs;
    • 3. Organization and adjustment of broadcasting advertisement;
    • 4. Other businesses necessary to achieve the purpose of the Foundation determined by the bylaw.
  • Article 4(Officers, etc.)
  • Necessary matters regarding the officers and operation of the Foundation shall be determined by the bylaw.
  • Article 5 (Contributions, etc)
  • The Busan Metropolitan City Mayor (hereinafter referred to as the 'Mayor') may grant contributions to the Foundation or support the part of expenses within the scope of the budget pursuant to the Local Finance Act.
  • Article 6 (Entrustment of Affairs)
  • The Mayor may entrust overall businesses and policies, etc. for the public relations of municipal policies and the making of comfortable living enviornment for the resident foreigners to the Foundation.
  • Article 7 (Submission of Business Plan, Etc.)① The Foundation shall submit a business plan and a budget for each business year to the Mayor by 3 months before the start of each business year.
  • ②The Foundation shall submit a statement of accounts and a report on the actual business results for each business year to the Mayor within two months after the end of each business year.
  • Article 8 (Report and Audit)① The Mayor may request the Foundation to submit the material regarding the business of the Foundation or make related officials to inspect the business, accounts and assets.
  • ② The Mayor may order a readjustment or take a necessary measure when illegal or unjust matters are found in the auditing process pursuant to Paragraph 1.
  • Article 9 (Dispatch of officials)
  • In accordance with Article 30-4 of the Local Public Officials Act, the Mayor may dispatch an affiliated official to the Foundation to support its operation.

8. Busan Metropolitan City Ordinance on Academic Service Deliberation Committee

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to prescribe the necessary matters to establish and operate the Academic Service Deliberation Committee of Busan Metropolitan City in order to render a sound operation of its finances by preventing wasteful expenditure of budget upon deliberating in advance the necessity and appropriateness of academic service assignments within the affairs of Busan Metropolitan City.
  • Article 2 (Definitions)
  • The definition of terms used in this Ordinance shall be as follows:
    • 1."Academic service" means research services concerning the development, improvement of administrative duties or administrative systems, and services for academic examination, research projects, etc.;
    • 2. "Competent department" means office, section, team and division of the main office of the Busan Metropolitan City and organs under its direct control and business station.
  • Article 3 (Functions)
  • The Academic Service Deliberation Committee of Busan Metropolitan City (hereinafter referred to as the "Committee") shall deliberate the matters as prescribed in the following subparagraphs:
    • 1. Matters concerning the necessity, appropriateness, etc. of academic service;
    • 2. Matters concerning the reasonableness of business plan, period of performance, service expenses, etc. of academic service;
    • 3. Other matters which the Chairman of the Committee submits in relation to academic service.
  • Article 4 (Subject Under Deliberation)
  • An academic service subject to deliberation shall be an academic service of more than two thousand won, promoted by the competent department.
  • Article 5 (Composition)①The Committee shall consist of no more than 15 committee members including one chairman.
  • ②The Director General for the Policy and Planning shall be the chairman of the Committee, and the members of the Committee shall be the Director of Planning and Finance, and persons who are commissioned or appointed by the Mayor among those who fall under the following subparagraphs. In this case, the number of appointed members shall be not less than 1/2.
    • 1. Public officials of Grade 4 or higher working in the Busan Metropolitan City;
    • 2. Two members who are recommended by the Busan Metropolitan Council;
    • 3. Persons who have professional knowledge and abundant experience in the field of academic service.
  • Article 6 (Terms)
  • Appointed members of the Committee holds office for 2 years and the consecutive appointment shall be permitted only once. However, the term of office for a committee member who filled the vacancy shall be the remainder of the predecessor.
  • Article 7 (Dismissal)
  • The Busan Metropolitan City Mayor may dismiss a member if he/she falls under the following subparagraphs;
    • 1. When a member is unable to perform his/her duties or considered to be difficult to perform his/her duties due to a severe illness, etc that needs a long-term treatment;
    • 2. When a member is considered to be not suitable for his/her duties due to his/her misdemeanor or disgraceful behavior.
  • Article 8 (Duties of the Chairman)① The chairman shall represent the Committee and exercise the overall control of the Committee.
  • ② The committee member designated in advance by the chairman shallact on behalf of the chairman when the chairman inevitably can not perform his/her duties.
  • Article 9 (Meeting)① The chairman convokes a meeting and becomes the chairman of the meeting.
  • ② The chairman must inform all committee members on matters regarding the date and the place of a meeting, and the agenda to be deliberated in the meeting 7 days before the actual meeting takes place. However, this does not apply in case of emergency.
  • ③ The chairman may designate a member to deliberate previously on the certain academic service, or entrust the delibeation to the related organization, institution or professonal for the thorough deliberation.
  • ④ 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 10 (Executive Secretary)
  • The Committee shall have one executive secretary, and the deputy director in charge of academic service deliberation shall be the executive secretary.
  • Article 11 (Exclusion and Refrainment of Committee Member) ① A Committee member shall be excluded from the deliberation of the Committee if he/she falls under any of the following subparagraphs:
  • 1. When he/she provides or provided advices or researches regarding the concerned deliberation case;
  • 2. When he/she becomes a person interested regarding the concerned deliberation case;
  • 3. When he/she has been work for the recent 3 years at an organizaition or institution related to the concerned deliberation case.
    • ② If a Committee member falls under any cause as prescribed Paragraph 1, or he/she consider he/she can not perform duties impartially, he/she may voluntarily refrain from the deliberation case.
  • Article 12 (Collecting opinions, etc.)
  • The chairman of the Committee may ask relevant civil servants or specialists to be present to say their opinion, or request relevant institutions or specialists to submit materials or opinion.
  • Article 13 (Minutes)
  • The chairman shll make minutes of every meeting and report the result to the Mayor.
  • Article 14 (Allowances, etc)
  • Allowances, traveling expenses or examination fee for the deliberation may be provided within the scope of the budget to the appointed committee members and relevant specialists.
  • Article 15 (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.

9. Busan Metropolitan City Ordinance on the Prevention of Faulty Construction Work

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to prescribe the necessary matters in order to prevent faulty construction work by assuring the rational operation of construction work and securing the quality and safety of construction work.
  • Article 2 (Definitions)
  • The definition of terms used in this Ordinance shall be as follows:
    • 1. the term "construction work" means a construction work as prescribed in subparagraph 4 of Article 2 of the Framework Act on the Construction Industry;
    • 2. the term "faulty construction" means a case falling under from grade 1 to grade 4 of the annexed list as specified in the contents of the principal faulty construction determined by the evaluation standards of faulty construction penalty points prescribed in item 1 of subparagraph 5 of Annex 8 of the Enforcement Rule of the Construction Technology Management Act;
    • 3. the term "main structural part" means a structural part falling under any one of the subparagraphs in paragraph 3 of Article 41 of the Enforcement Rule of the Construction Technology Management Act.
  • Article 3 (Scope of Application)
  • This Ordinance shall be applied to a construction work ordered by Busan Metropolitan City or a public corporation established by Busan Metropolitan City pursuant to the Local Public Enterprises Act (hereinafter referred to as the "ordering agency").
  • Article 4 (Measures to Prevent Faulty Construction Work)
  • The Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") shall prepare the following measures in order to prevent faulty construction work:
    • 1. matters concerning the evaluation of faulty construction work;
    • 2. matters concerning on-site examination of construction work;
    • 3. matters concerning quality control and safety management of construction work;
    • 4. other necessary matters needed for preventing faulty construction work.
  • Article 5 (Measurement of Faulty Construction Work) ① The Mayor shall evaluate the faultiness as prescribed in Article 21-4 of the Construction Technology Management Act (hereinafter referred to as the "Act") of a construction work reported of a faulty construction pursuant to Article 8.
  • ② In case the preservation of construction site is necessary in order to evaluate the faultiness as prescribed in paragraph 1, the Mayor may order the suspension of the construction work until the contents of the faulty construction work are determined: Provided, That in case there is an impediment to the construction work or there may be damages to the quality of the construction work, the resources verifying the faulty construction may be secured and execute necessary measures needed for the progression of the work.
  • Article 5 (Measurement of Faulty Construction Work)① The Mayor shall evaluate the faultiness as prescribed in Article 21-4 of the Construction Technology Management Act (hereinafter referred to as the "Act") of a construction work reported of a faulty construction pursuant to Article 8.
  • ② In case the preservation of construction site is necessary in order to evaluate the faultiness as prescribed in paragraph 1, the Mayor may order the suspension of the construction work until the contents of the faulty construction work are determined: Provided, That in case there is an impediment to the construction work or there may be damages to the quality of the construction work, the resources verifying the faulty construction may be secured and execute necessary measures needed for the progression of the work.
  • Article 6 (On-site Examination of Construction Work)
  • The Mayor may conduct on-site examination of the construction work as prescribed in Article 21-5 of the Act by means of regular audit pursuant to Article 7 of the Rules on Administrative Audit of the Ministry of Public Administration and Security. In such a case, the Mayor may have relevant experts of the field concerned other than the public officials under one's control to participate in the examination if necessary for efficient examination.
  • Article 6 (On-site Examination of Construction Work)
  • The Mayor may conduct on-site examination of the construction work as prescribed in Article 21-5 of the Act by means of regular audit pursuant to Article 7 of the Rules on Administrative Audit of the Ministry of Public Administration and Security. In such a case, the Mayor may have relevant experts of the field concerned other than the public officials under one's control to participate in the examination if necessary for efficient examination.
  • Article 7 (Quality Management, etc. of Construction Work)① The Mayor may establish a special organ or execute necessary measures for the purpose of managing quality and safety of construction work as prescribed in Article 24 and Article 26-2 of the Act.
  • ② The Mayor may conduct an examination and inspection of the quality through the special organ pursuant to paragraph 1 on the construction work reported of faulty construction pursuant to Article 8.
  • Article 8 (Report, etc. of Faulty Construction Work)① A person who is aware of or discovers a matter related to faulty construction of a work ordered by a ordering agency may report the matter to the Mayor.
  • ② A person who intends to report as prescribed in paragraph 1 may make a direct visit to the Faulty Construction Prevention Report Center of Busan Metropolitan City pursuant to Article 9 or may employ means such as facsimile or post.
  • ③ The report pursuant to paragraph 2 shall be made under the real name of the person who carries out the report (hereinafter referred to as the "reporter"), and a report not made under one's real name or a report on a construction work of which a year has passed from the date of its completion shall not be accepted.
  • ④ The contents of the report pursuant to paragraph 1 and paragraph 2 shall include necessary matters to examine the faultiness, such as the name of the construction work, and period, location, contents of the faulty construction, etc.
  • Article 9 (Faulty Construction Prevention Report Center of Busan Metropolitan City) ① The Mayor may establish and operate the Faulty Construction Prevention Report Center of Busan Metropolitan City (hereinafter referred to as the "Center") in order to accept and process reports regarding faulty construction work.
  • ② In case a Center is established as prescribed in paragraph 1, the Head of the Center shall be the Head of the department in charge of the affairs concerning the examination of contract technology.
  • ③ The matters necessary for the establishment and operation, etc. of the Center pursuant to paragraph 1 shall be separately determined by the Mayor.
  • Article 10 (Faulty Construction Prevention Committee)① The Mayor shall establish the Faulty Construction Prevention Committee of Busan Metropolitan City (hereinafter referred to as the "Committee") in order to deliberate the matters concerning the prevention and report, etc. of faulty construction work.
  • ② The matters subject to deliberation by the Committee as prescribed in paragraph 1 shall be deliberated by the Construction Technology Deliberation Committee of Busan Metropolitan City pursuant to paragraph 2 of Article 5 of the Act and paragraph 4 of Article 19 of the Enforcement Decree of the Construction Technology Management Act. In such a case, the Construction Technology Deliberation Committee of Busan Metropolitan City shall be deemed as the Committee in accordance with this Ordinance.
  • ③ In case the Construction Technology Deliberation Committee of Busan Metropolitan City conducts the deliberation as prescribed in paragraph 2, a subcommittee pursuant to Article 7 of the Busan Metropolitan Ordinance on the Construction Technology Deliberation Committee may be organized and operated if deemed necessary for the efficient conduct of the deliberation.
  • ④ In regard to the organization and operation of a subcommittee pursuant to paragraph 3, Article 7, Article 8, Article 16 and Article 18 of the Busan Metropolitan Ordinance on the Construction Technology Deliberation Committee shall be applied mutatis mutandis.
  • Article 11 (Reward for Report of Faulty Construction Work)
  • In case the reported construction work pursuant to Article 8 comes to be a construction work which is ordered by the ordering agency and whose construction expenses is more than a billion won (the cost of land and remuneration from the business expenses shall be excluded), a reward may be conferred to the reporter within the scope of the budget when the reported matters prove to be a faulty construction.
  • Article 12 (Conferral of Reward)① When conferring the reward pursuant to Article 11, the Mayor shall determine whether or not the reward shall be conferred or the amount of the reward by means of the deliberation of the Committed through examining the size and degree of faulty construction and the intentionality, etc. synthetically.
  • ② The standards of reward pursuant to paragraph 1 shall be as specified in the annexed list.
  • ③ The reward pursuant to paragraph 1 shall be conferred to the first reporter when there are more than two reporters, and shall be evenly distributed when there are more than two joint reporters.
  • ④ When the conferral of reward is determined as prescribed by paragraph 1 and paragraph 3, the Mayor shall notify such information to the reporter within five days, and shall transfer the reward to the account designated by the reporter.
  • Article 13 (Limitation on Conferral of Reward)
  • Notwithstanding Article 11, the Mayor may not confer the reward by means of the deliberation of the Committee in a case falling under any of the following subparagraphs:
    • 1. in case the reporter cannot be identified because the reporter used an anonymous or a fictitious name;
    • 2. in case a public official, manager, constructor or a person in the position of supervising the construction reports the faulty construction in relation to one's duty;
    • 3. in case a person who was formerly in a position concerned with the construction falling under paragraph 2 reports the faulty construction in relation to one's duty;
    • 4. in case it is under process as a result of an inspection by a supervising public official or a supervisor conducted before the acceptance of the report, or it is in the course of verification or investigation as the information is already disclosed;
    • 5. in case it is falsely reported in conspiracy with a person concerned with the construction in advance in order to receive the reward.

10. Busan Metropolitan City Ordinance on the Promotion of Financial Industry

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to facilitate the creation and development of Busan International Financial City and to contribute to the growth of the local economy by promoting and supporting the advancement of the financial industry.
  • Article 2 (Definitions)
  • For the purpose of this Ordinance, the following terms shall be defined as follows:
    • 1. The term "financial industry" refers to the industry that administers the affairs of the financial business, insurance and pension businesses, and financial and insurance service businesses as classified under the Korea Standard Industrial Classification publicly notified by the Commissioner of the Korea National Statistical Office pursuant to Article 22 of the Statistics Act.
    • 2. The term "financial institution" refers to a domestic or foreign financial institution as prescribed under Subparagraphs 2 and 3 of Article 2 of the Act on the Creation and Development of Financial Hubs (hereinafter referred to as the "Act").
    • 3. The term "financial services institution" refers to a corporation that employs at all times 10 or more employees and administers the affairs of judicial, accounting and taxation services as classified under the Korea Standard Industrial Classification publicly notified by the Commissioner of the Korea National Statistical Office pursuant to Article 22 of the Statistics Act.
  • Article 3 (Duties of the City)
  • Busan Metropolitan City (hereinafter referred to as the "City") shall establish and implement various policy measures to promote the advancement of the financial industry and to facilitate the creation and development of the Busan International Financial City.
  • Article 4 (Establishment of the Plan for Financial Industry Advancement Promotion) ① The Busan Metropolitan City Mayor (hereinafter referred to as the "Mayor") shall establish and implement an action plan to promote the advancement of the financial industry for the creation and development of the Busan International Financial City.
  • ② The action plan under paragraph (1) shall include matters falling under each of the following subparagraphs:
    • 1. Basic direction and objective of the policies on the mid and long term promotion of the financial industry advancement;
    • 2. Matters concerning the attraction of and support for the financial institutions;
    • 3. Matters concerning the training of the financial specialists;
    • 4. Support for the research activities of the financial research and academic organizations;
    • 5. Improvement of the financial system to promote the advancement of the financial industry; and
    • 6. Other matters necessary to promote and support the advancement of the financial industry.
  • Article 5 (Provision of Location Subsidy)
  • The Mayor may support the financial institution by granting, within limits of budget, the location subsidies in case the financial institution purchases a building or building site in units or purchases · rents a building or building site or newly constructs a building to move into (this includes establishment; the same shall apply hereinafter.) the Busan Metropolitan City area (hereinafter referred to as the "City area")
  • Article 5 (Provision of Location Subsidy)
  • The Mayor may support the financial institution by granting, within limits of budget, the location subsidies in case the financial institution purchases a building or building site in units or purchases · rents a building or building site or newly constructs a building to move into (this includes establishment; the same shall apply hereinafter.) the Busan Metropolitan City area (hereinafter referred to as the "City area")
  • Article 6 (Provision of Employment Subsidy)
  • The Mayor may support the financial institution by granting, within limits of budget, the employment subsidies in case the financial institution moves into the City area and creates new jobs.
  • Article 7 (Provision of Education and Training Subsidy)
  • The Mayor may support the financial institution by granting, within limits of budget, the eduction and training subsidies in case the financial institution moves into the City area and provides eduction and training to its officers and employees.
  • Article 8 (Object and Scope of Location Subsidy, etc.)
  • The object and scope of the subsidies provided pursuant to Articles 5 through 7 are as prescribed under the Schedule attached hereto.
  • Article 9 (Financial Specialist Training)① The Mayor may designate universities or research institutes, or other financial agencies or organizations as the training institution for financial specialists to educate and train the financial specialists. In this case, the Mayor may support the training institution by providing, within limits of budget, part of the expenses necessary for such education and training.
  • ② The Mayor may support the financial institution by providing, within limits of budget, part of the expenses in case the financial institution establishes a comprehensive training center within the City area to train and promote the quality of the financial specialists.
  • Article 10 (Research Activities on Financial Matter)
  • The Mayor may support the financial research and academic organizations by providing, within limits of budget, part of the expenses in case the financial research and academic organizations established within the City area carry out research activities on financial matters for the creation and development of Financial Hub Korea, Busan.
  • Article 11 (Support for Financial Services Institution)
  • The Mayor may support the financial services institution by providing, within limits of budget, part of the expenses in case the financial services institution that ensures the smooth operation of the business activities of the financial institution such as financial transactions, etc. moves into the City area.
  • Article 12 (Preferential Support for Financial Hub)① Notwithstanding the provisions under Paragraphs 5 through 7, the Mayor may preferentially support the financial institution by granting, in the amount not exceeding two times the support limit, the location subsidies, employment subsidies and education and training subsidies in case the financial institution established in a foreign country or outside the City area moves into the Financial Hub as prescribed under Subparagraph 1, Article 2 of the Act (hereinafter refereed to as the "Financial Hub").
  • ② Notwithstanding the provisions under Article 9 hereof, the Mayor may preferentially support the financial institution under Paragraph 1 in case it establishes the training institution for financial specialists within the Financial Hub to train and promote the quality of the financial specialists
  • ③ Notwithstanding the provisions under Article 11 hereof, the Mayor may preferentially support the foreign financial services institution or the domestic financial services institution that had made a business agreement with it in case the foreign or domestic services institution moves into the Financial Hub.
  • ④ The Mayor may support the foreign financial institution by providing, within limits of budget, part of the lease for the house used by its officers and employees in case the foreign financial institution moves into the Financial Hub.
  • Article 13 (Reduction and Exemption of Local Tax, etc.)① The Mayor may, pursuant to the Local Tax Act and the Busan Metropolitan City Ordinance on Tax Reduction, reduce or exempt the local tax imposed on the real property and the car for business acquired by the financial institution in order to move into the City area.
  • ② The Mayor may, pursuant to the Public Property and Commodity Management Act and the Busan Metropolitan City Ordinance on Public Property and Commodity Management, reduce or exempt the fees and charges imposed on the public property used or rented by the financial institution in order to move into the City area.
  • Article 14 (Administrative Support, etc)① The Mayor may provide administrative support for authorization, permission, etc. by appointing any public officer in exclusive charge of such matter in case the financial institution moves into the City area.
  • ② In case the financial institution determined to be the subject of support under the Schedule moves into the Financial Hub, the Mayor may provide its officers and employees with honorable treatment and support falling under any of the following subparagraphs:
    • 1. Exemption from a toll imposed on all toll roads managed and operated by the City;
    • 2. Free parking at public-managed parking lots of the City;
    • 3. Free admission to the facilities such as museums, art galleries, etc. that are managed and operated by the City;
    • 4. Provision of admission tickets for cultural events and public performances supervised by the City; or
    • 5. Invitation to major events of the City.
  • Article 15 (Busan International Financial City Promotion Center)① The Mayor shall establish the Busan International Financial City Promotion Center (hereinafter referred to as the "Center") to carry out the affairs concerning the creation and development of the Busan International Financial City and to establish and implement strategies to attract the financial institutions.
  • ② The head of the Center may request the City for necessary cooperation to ensure the smooth performance of the duties such as the attraction of the financial institutions and administrative support, etc.
  • ③ The head of the Center may, upon the approval of the Mayor, separately determine the rules necessary to operate the Center.

11. Busan Metropolitan City Ordinance on the Development of Human Resources and Promotion of Science and Technology

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to contribute to the development of the local economy through construction of knowledge based economy by determining matters necessary for the development of human resources and promotion of science and technology within Busan.
  • Article 2 (Definitions)
  • For the purpose of this Ordinance, the following terms shall be defined as follows:
    • 1. The term "human resources" refers to the abilities and character of a person such as knowledge, skills, behavior, etc. that are necessary for the growth of the person as well as the society and state.
    • 1. The term "human resources" refers to the abilities and character of a person such as knowledge, skills, behavior, etc. that are necessary for the growth of the person as well as the society and state.
  • 2. The term "development of human resources" refers to activities carried out by the state, local government, educational institutions, research institutions, enterprises, etc. to cultivate, allocate or make use of human resources and to create social norms and networks thereof.
  • Article 3 (Duties of the Mayor)
  • The Busan Metropolitan City Mayor (hereinafter referred to as the "Mayor") shall implement policy measures to cultivate, attract and make use of local human resources, and actively carry out the science and technology promotion projects such as reformation of local science and technology, intensification of research and development, improvement of cooperations among the industry, academia and government, etc.
  • Article 4 (Establishment and Implementation of Comprehensive Plan)① The Mayor shall establish the comprehensive plan on the development of human resources and promotion of science and technology in every five years, and in every year establish and implement the action plan for the following year.
  • ② The Mayor may request the agencies concerned to provide materials necessary to establish and implement the comprehensive plan.
  • ③ Unless there exists any other special reason, the agencies concerned shall, upon receiving the request for provision of materials, actively comply with the request.
  • Article 5 (Deliberation on Human Resources Development Policies)① The Human Resources Development Subcommittee under the Regional Innovation Council composed in accordance with the Special Act on Balanced National Development shall be in charge of the comprehensive consultation, mediation and deliberation of the policies concerning the development of human resources.
  • ② The Human Resources Development Subcommittee shall deliberate on matters falling under each of the following subparagraphs:
    • 1. Comprehensive policy measures for the development of human resources;
    • 2. Establishment of mid and long term action plan and measures for the development of human resources;
    • 3. Improvement of relevant Acts and subordinate statutes and systems for the development of human resources;
    • 4. Investigation, research and analysis regarding the development of human resources;
    • 5. Composition and operation of a planning team for the development of human resources; and
    • 6. Other matters to be referred by the Chairperson.
  • Article 6 (Deliberation on Science and Technology Promotion Policies) ① The Science and Technology Promotion Subcommittee under the Regional Innovation Council composed in accordance with the Special Act on Balanced National Development shall be in charge of the comprehensive consultation, mediation and deliberation of the policies concerning the promotion of science and technology.
  • ② The Science and Technology Subcommittee shall deliberate on matters falling under each of the following subparagraphs:
    • 1. Comprehensive policy measures for the promotion of science and technology;
    • 2. Projects designed to support the reformation and research and development of science and technology;
    • 3. Technological development for specialized regions;
    • 4. Matters concerning technology transfer and credit evaluation;
    • 5. Improvement of citizens' understanding on science and technology and revitalization of domestic science; and
    • 6. Other matters to be referred by the Chairperson.
  • Article 11 (Establishment and Formation of Fund)① The Mayor shall, pursuant to Article 142 of the Local Autonomy Act, establish the Busan Metropolitan City Human Resources Development and Science and Technology Promotion Fund (hereinafter referred to as the "Fund") to secure the finances necessary for the development of human resources and promotion of science and technology.
  • ② The Fund shall be constituted of financial resources falling under each of the following subparagraphs:
    • 1. Contributions from the Busan Metropolitan City;
    • 2. Revenues accruing from the operation of the Fund; and
    • 3. Other contributions, subsidies, loans, etc.
  • ③ The Mayor may appropriate the contributions under subparagraph 1 of Paragraph 2 to the estimated expenditure in every fiscal year.
  • Article 12 (Management and Operation of the Fund)
  • The Fund shall be managed and operated by the Mayor.
  • Article 13 (Use of the Fund)
  • The Fund shall be used for the purposes falling under any of the following subparagraphs:
    • 1. Implementation of the policy measures on the development of human resources and promotion of science and technology;
    • 2. Cultivation of the organizations relevant for the development of human resources and promotion of science and technology;
    • 3. Cultivation and attraction of research institutes;
    • 4. Support for the local research and development projects;
    • 5. Support for the projects on cooperations among the industry, academia and government;
    • 6. Support for the technological development for specialized regions;
    • 7. Support for the cultivation of advanced knowledge based industries; or
    • 8. Support for the projects on creation of foundation for science and technology.
  • Article 13 (Use of the Fund)
  • The Fund shall be used for the purposes falling under any of the following subparagraphs:
    • 1. Implementation of the policy measures on the development of human resources and promotion of science and technology;
    • 2. Cultivation of the organizations relevant for the development of human resources and promotion of science and technology;
    • 3. Cultivation and attraction of research institutes;
    • 4. Support for the local research and development projects;
    • 5. Support for the projects on cooperations among the industry, academia and government;
    • 6. Support for the technological development for specialized regions;
    • 7. Support for the cultivation of advanced knowledge based industries; or
    • 8. Support for the projects on creation of foundation for science and technology.
  • Article 14 (Deliberation Committee on Fund Operation)① The Deliberation Committee on Fund Operation for Human Resources Development and Science and Technology Promotion (hereinafter referred to as the "Committee") shall be established to deliberate on matters listed under each subparagraph of Article 13, Paragraph 2 of the Framework Act on Fund Management of the Local Governments.
  • ② The Committee shall be composed of eleven (11) members including the Chairperson: Provided, That the members shall be commissioned or appointed by the Mayor from among those person who fall any of the following subparagraphs:
    • 1. A person who have knowledge and experience in the development of human resources development and promotion of science and technology;
    • 2. A person recommended by the Busan Metropolitan Council; or
    • 3. A person who is a public official of Grade III belonging to Busan Metropolitan City.
  • ③ The Chairperson of the Committee shall be the Deputy Mayor for Administrative Affairs.
  • ④ The term of office of the commissioned Committee members shall be two years and may be renewed for another two years.
  • ⑤ The Committee shall convene upon the attendance of a majority of the registered Committee members and adopt a decision with the approval of a majority of the attending Committee members.
  • ⑥ Payment of the allowances and travel expenses may, within limits of budget, be provided to the commissioned Committee members.
  • Article 14 (Deliberation Committee on Fund Operation)① The Deliberation Committee on Fund Operation for Human Resources Development and Science and Technology Promotion (hereinafter referred to as the "Committee") shall be established to deliberate on matters listed under each subparagraph of Article 13, Paragraph 2 of the Framework Act on Fund Management of the Local Governments.
  • ② The Committee shall be composed of eleven (11) members including the Chairperson: Provided, That the members shall be commissioned or appointed by the Mayor from among those person who fall any of the following subparagraphs:
    • 1. A person who have knowledge and experience in the development of human resources development and promotion of science and technology;
    • 2. A person recommended by the Busan Metropolitan Council; or
    • 3. A person who is a public official of Grade III belonging to Busan Metropolitan City.
  • ③ The Chairperson of the Committee shall be the Deputy Mayor for Administrative Affairs.
  • ④ The term of office of the commissioned Committee members shall be two years and may be renewed for another two years.
  • ⑤ The Committee shall convene upon the attendance of a majority of the registered Committee members and adopt a decision with the approval of a majority of the attending Committee members.
  • ⑥ Payment of the allowances and travel expenses may, within limits of budget, be provided to the commissioned Committee members.
  • Article 16 (Accounting)
  • The fiscal year of the Fund shall commence on the first day of January and end on the thirty-first day of December in each year.
  • Article 17 (Assessment on the Result of Implementation of Comprehensive Plan, etc.)
  • The Mayor may assess the result of implementation of the comprehensive plan and the action plan in each year.
  • Article 18 (Designation of Local Human Resources Development Center) ① The Mayor may human resources development research institutes as the local human resources development center to develop and assess the affairs concerning the development of human resources and promotion of science and technology, develop relevant indices, execute entrusted businesses, etc.
  • ② The Mayor may, within limits of budget, support the local human resources development center carrying out affairs listed under Paragraph 1 with necessary expenses.
  • Article 19 (Reward)
  • The Mayor may give a reward to a person who is deemed to have rendered distinguished services in the fields relevant to the development of human resources and promotion of science and technology.

12. Busan Metropolitan City Ordinance on the Establishment and Operation of the Busan Global Village

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to prescribe necessary matters on the establishment and operation of the Busan Global Village, which was jointly established by the Busan Metropolitan City and the Busan Metropolitan City office of Education to provide the experience of English-speaking environment to the youth and other citizens and to enhance their command of English.
  • Article 2 (Location)
  • The Busan Global Village shall be located at Bujun-dong 389-25, Busanjin-gu, Busan Metropolitan City.
  • Article 3 (Users)① The Busan Global Village users are as the following subparagraphs:
    • 1. Students of schools pursuant to the Elementary and Secondary Education Act located in the Busan Metropolitan City (hereinafter referred to as the "City");
    • 2. Juveniles pursuant to Artcile 3, Subparagraph 1 of the Framework Act on Juveniles.
  • ② The Busan Metropolitan City Mayor (hereinafter referred to as the "Mayor") may allow other people than under each subparagraphs of Paragraph 1 within the boundary of inflicting no harm to the operation of the Hall.
  • Article 4 (Service Fee)① The Mayor may impose a service fee on users of the Busan Global Village.
  • ② The Mayor shall decide the amount of service fee pursuant to Paragraph 1 after consultation with the Busan Metropolitan City Superintendent of Education and deliberation of the Busan Global Village Operation Deliberation Committee, and he/she shall make public notice of it on the Busan Gazette.
  • Article 5 (Exemption of Service Fee)
  • The Mayor may exempt the service charge for anyone that falls under the following subparagraphs:
    • 1. Beneficiaries, the next needy classes, and their children pursuant to Article 2, Subparargraph 2 and 11 of the National Basic Living Security Act;
    • 2. Persons subject to protection under the Single-Parent Family Support Act;
    • 3. The handicapped who has enrolled pursuant to Article 32 of the Welfare of Disabled Persons Act;
    • 4. Persons who get the exemption of tuition fee pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, or other laws;
    • 5. Persons who get the recommendation from the Busan Metropolitan City Superintendent of Education among those who fall under the Article 3 of the Rule on the School Tuition and Admission Fee;
    • 6. Members of Families with more than 3 children.
  • Article 6 (Return of Service Fee)
  • The Mayor shall return the service fee calculated on the daily basis when the user who already paid the fee can not use the Busan Global Village due to inevitable causes, such as illness, house-moving, etc.
  • Article 7 (Entrustment of Management and Operation)① For the effective management and operation of the Busan Global Village, the Mayor may entrust the management and operation to a institution, corporation or organizaton in the field of English education.
  • ② The Mayor shall make an entrustment agreement with the one who get the entrustment (hereinafter referred to as the "consignee") when the Mayor entrusts the management and operation of the Busan Global Village pursuant to Paragraph 1.
  • ③ The consignee shall prepare an operation rule for the management and operation of the Busan Global Village and shall have it approved by the Mayor. The same applies when he/she changes the operation rule.
  • Article 8 (Supervision and Management)① The Mayor may make the consignee report on the entrusted business or make the related public officers examine and check the operation of facilities, related documents, etc. when he/she entrusted the management and operation of the Busan Global Village pursuant to Article 7, Paragraph 1,
  • ② The Mayor shall order for a correction or take other necessary measures if there are cases that need to corrected in the result of examination and supervision pursuant to Paragraph 1.
  • Article 9 (Cancellation of Entrustment Contract)
  • The Mayor may cancel the entrustment contract in any case of the following subparagraphs:
    • 1. When the consignee violates related laws and this Ordinance;
    • 2. When the consignee breaches the terms of entrustment
    • 3. When there is other reason that hinders the normal operation of the facilities due to the consignee's fault.
  • Article 10 (Hearing)
  • The Mayor shall conduct a hearing when the entrustment contract is to be cancelled pursuant to Article 9.
  • Article 11 (Busan Global Village Operation Deliberation Committee)① The Busan Global Village Operation Deliberation Committee (hereinafter referred to as the "Committee") shall be established to have necessary matters for the management and operation of the Busan Global Village deliberated and resolved.
  • ② The Committee shall be composed of no more than eleven(11) members including two cochairmen, co-chairmen shall be the Deputy Mayor for Administrative Affairs and the Busan Metropolitan City Vice-superintendent of Education, and members shall be commissioned or appointed by the Mayor from among those person who fall any of the following subparagraphs:
    • 1. Public officials of the level of director general in charge of the Busan Global Village at the City and the Busan Metropolitan City office of Education;
    • 2. Persons recommended by the Busan Metropolitan Council;
    • 3. Persons recommended by the Busan Metropolitan City office of Education;
    • 4. Persons who have knowledge and experience in the field of English education and who are considered to be necessary for the effective management.
  • ③ Appointed members of the Committee holds office for 2 years, and the consecutive appointment may be permitted only once.
  • ④ The Committee shall have two executive secretaries to handle the Committee affairs, and they shall be designated by co-chairmen.
  • ⑤ 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.
  • ⑥ Allowances and traveling expenses may be provided within the scope of the budget to the appointed members.
  • ⑦ The co-chairmen shall decide on necessary matters other than that regulated in this Ordinance with the consent of the Committee.
  • Article 12 (Subsidy of Operational Cost)
  • The Mayor may provide subsidy within the budget limit after the deliberation of the Committee in order to support the establishment and management of the Busan Global Village.

13. Busan Metropolitan City Ordinance on the Promotion of Lifelong Education

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to prescribe the necessary matters for delegated matters pursuant to the Lifelong Education Act and the Presidential Decree of the Lifelong Education Act and for the enforcement of them.
  • Article 2 (Lifelong Education Council)① Among the members of the Busan Metropolitan City Lifelong Education Council (hereinafter referred to as the "Council") pursuant to Article 12 of the Lifelong Education Act, appointed members hold office for 2 years and the consecutive appointment may be permitted only once. However, the term of office for committee members who are filling vacancies shall be the remainder of the predecessor.
  • ② The chairman shall represent the Council and exercise the overall control of the Council.
  • ③ The vice chairman shall assist the chairman and act on behalf of the chairman when the chairman inevitably can not perform his/her duties. The council member designated in advance by the chairman shall carry out the above duties when both the chairman and vice chairman inevitably can not perform his/her duties
  • ④ The meeting of the Council is to start with a majority of the registered Council members present and shall pass a resolution with a majority vote of the Council members who are present.
  • ⑤ The Council shall have one executive secretary and one clerk, and the director in charge of lifelong education affairs shall be the executive secretary and the deputy director in charge of lifelong education affairs shall be the clerk.
  • ⑥ Allowances and traveling expenses may be provided within the scope of the budget to the appointed members.
  • ⑦ The chairmen shall decide on necessary matters other than that regulated in this Ordinance with the consent of the Council.
  • Article 3 (Promotion of Lifelong Education)① The Busan Metropolitan City Mayor (hereinafter referred to as the "Mayor") may provide the promoting business of lifelong education pursuant to one of subparagraphs of Article 16, Paragraph 1 of the Law, or support within the budget limit.
  • ② The Mayor may enforce the promoting business of lifelong education jointly with the Busan Metropolitan City office of Education, lifelong education institute, civil organization, or corporation.
  • Article 4 (Organization of Lifelong Education Institute)① The Busan Metropolitan City Lifelong Education Institute (hereinafter referred to as the "Institute") pursuant to Article 20 of the Law shall have one president, and the president shall control the overall business and, direct and supervise staffs of the Institute.
  • ② The staffs of the Institute shall have the educational background or occupational career for the fulfillment of their works.
  • ③ The Institute may have a managerial committee for the effective operation pursuant to each subparagraph of Article 16, Paragraph 2 of the Law.
  • Article 5 (Designation of Institute)① When the Mayor designates the Institute pursuant to Article 20, Paragraph 1 of the Law, he/she shall make a public notice of the conditions for designation, applying documents, etc. on the Busan City Gazette and Internet website of the Busan Metropolitan City.
  • ② Anyone who wants to get the designation pursuant to Paragraph 1 shall submit the application form for the Lifelong Education Institute listed in the Attached Form and the following documents. In this case, the related government official shall check the copy of corporate registration for foundation using the co-utilization of administrative information pursuant to Article 12, Paragraph 1 of the Electronic Government Act. In case the applicant does not agree with the check, the related government official shall make him/her submit the regarding document.
    • 1. Bylaw of the corporation and the certificate of personal seal impression of the head of corporation;
    • 2. The list of assets (including the documents that proves the possession);
    • 3. A work plan and a balance sheet of business;
    • 4. Business records of the past 3 year's regarding the lifelong education;
    • 5. Location map of facilities and the location plan of staffs for the management of the Institute.
  • ③ When the Mayor receives the application pursuant to Paragraph 2, he/she shall designate the Institute with the deliberation of the Council.
  • ④ The Mayor may support the Institute designated pursuant to Paragraph 3 by providing part of the expenses within the budget limit.
  • Article 6 (Cancellation of Designation)
  • The Mayor may cancel the designation in any case of the following subparagraphs:
    • 1. When the operator of the Institution breached the conditions of designation;
    • 2. When the operator of the Institution violated related laws and ordinances.
  • Article 7 (Insurance, Etc.)
  • The standard of insurance or mutual aid, etc. of which the Lifelong Education Institute shall have pursuant to Article 28, Paragraph 3 is as following subparagraphs:
    • 1. 100 million won compensation money per person;
    • 2. 1,000 million won compensation money per accident.
  • Article 8 (Award)
  • The Mayor may award prizes to organizations or individuals that contributed to the lifelong education activities.

14. Busan Metropolitan City Ordinance on Expansion of Industrial Site

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to contribute to the promotion of competitive local economy by regulating matters necessary to expand industrial area for timely supply of the industrial complex necessary for production activities of an enterprise and matters entrusted by the Industrial Sites and Development Act and the Act on Special Cases on Simplification of Authorization and Permission Procedures for Industrial Complexes.
  • Article 2 (Definitions)
  • For the purpose of this Ordinance, the following terms shall be defined as follows:
    • 1. The term "industrial site" refers to the site within an industrial complex (hereinafter referred to as the "Industrial Complex") as prescribed under Article 2, Paragraph 5 of the Industrial Sites and Development Act (hereinafter referred to as the "Industrial Sites Act").
    • 2 The term "existing industrial site" refers to an industrial area other than the area designated as the industrial complex.
    • 3. The term "foreign-invested enterprises" refer to the enterprises as prescribed under Article 1, Paragraph 1 of the Busan Metropolitan City Ordinance on Foreign Investment Promotion.
    • 4. The term "domestic enterprises" refer to the enterprises as prescribed under Article 2, Paragraph 4 of the Busan Metropolitan City Ordinance on Private Investment Promotion.
    • 5. The term "large-scale investment" refers to (i) the investment made by the foreign-invested enterprises or domestic enterprises to move its factory, main office or research institute into the Busan Metropolitan City area (hereinafter referred to as the "City area") that is fifty (50) billion won or more in amount, or (ii) the investment made to newly construct or expand or move a factory, main office or research institute that employs 300 or more employees at all times.
  • Article 3 (Establishment of Industrial Complex)① Busan Metropolitan City Mayor (hereinafter referred to as the "Mayor") shall actively carry out the projects on establishment of the industrial complex in order to expand the industrial site.
  • ② In order to ensure the smooth operation of the project on establishment of the industrial complex, the Mayor may assist, within limits of budget, by providing part of the expenses necessary for the industrial complex development project pursuant to Article 26 of the Enforcement Decree of the Industrial Sites and Development Act, following the prior deliberation of the Busan Metropolitan City Industrial Site Council executed pursuant to the provisions under Article 8 hereof.
  • Article 4 (Special Cases on Method of Appointing Priority Order for Move-in)① The Mayor may, pursuant to Article 42-3, Paragraph 5 of the Enforcement Decree of the Industrial Sites and Development Act, preferentially sell the industrial facilities site in units (i) to the foreign-invested enterprises or domestic enterprise that have significantly affected the local economy by providing a large-scale investment within the City area or moving into the City area, or (ii) to the foreign-invested enterprises or domestic enterprises with significant development potentials and high conduciveness to the development of local economy that wish to move out of the City area.
  • ② Appointment of the enterprises that will receive, in preference to other, the industrial facilities site pursuant to the provisions under paragraph 1 shall be carried out following the prior deliberation of the Busan Metropolitan City Industrial Site Council executed pursuant to the provisions under Article 8 hereof.
  • Article 5 (Readjustment of Existing Industrial Site)① In case it is necessary to readjust the existing industrial site due to the changes inflicted upon the industrial structure of the existing industrial site and the deterioration of the industrial facilities, the Mayor may designate the existing industrial site as the industrial complex pursuant to Article 9 of the Industrial Sites Act and implement the readjustment project.
  • ② In case it is necessary for the readjustment projects as prescribed under Paragraph 1, the Mayor may preferentially provide some part of the industrial site located within the industrial complex so that the occupant enterprises established in the existing industrial site subject to the readjustment can move in.
  • Article 6 (Support for Managing Agencies, etc.)
  • The Mayor may provide, within limits of budget, part of the operating expenses to the managing agencies and the Occupant Enterprises Council of the existing industrial site pursuant to Article 2 Subparagraph 10 of the Industrial Cluster Development and Factory Establishment Act.
  • Article 7 (Support for Environment Improvement Expenses) ① The Mayor may support the competent Gu/Gun by providing, within limits of budget, such Gu/Gun with the expenses necessary to improve the environmental conditions of the industrial complex or the existing industrial site.
  • ② The Mayor may, within the limit of budget, provide part of the fund necessary for the construction of apartment-type factories to facilitate the construction of apartment-type factories as prescribed under Article 2, Subparagraph 6 of the Industrial Cluster Development and Factory Establishment Act.
  • Article 8 (Industrial Site Council)① The Busan Metropolitan City Industrial Site Council (hereinafter referred to as the "Industrial Site Council") shall, pursuant to Article 3 Paragraph 3 of the Industrial Sites Act, be established to comply with the Mayor's request for consultation on matters falling under each of the following subparagraphs:
    • 1. Matters concerning the development and supply and sale of the industrial complex;
    • 2. Matters concerning the types and rates of the supplementary costs necessary for the industrial complex development project;
    • 3. Matters concerning the readjustment of the industrial complex and the existing industrial site;
    • 4. Matters concerning the occupation qualification standard etc. that are necessary to control the fictitious demand for the industrial site; and
    • 5. Other matters to be referred by the Chairperson to the meeting of the Industrial Site Council in order to revitalize the industrial complex and the existing industrial site.
  • ② The Industrial Site Council shall consist of no more than 20 members including one chairman and one vice chairmen.
  • ③ The chairman of the Industrial Site Council shall be the Director General of Economy and Industry Office, the vice chairman shall be elected by mutual vote among the members, and members ought to be commissioned or appointed by the Mayor among public officials of Grade 3 or higher Grade working in the Busan Metropolitan City and those who have abundant knowledge and experience in the establishment of industrial complexes.
  • ④ Appointed members of the Committee holds office for 2 years, and the consecutive appointment may be permitted only once.
  • ⑤ The chairman shall convene meetings of the Industrial Site Council, and the vice chairman shall assist the chairman and act on behalf of the chairman when the chairman inevitably can not perform his/her duties.
  • ⑥ The Industrial Site Council 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.
  • ⑦ The Industrial Site Council shall have one executive secretary and one clerk, and the director in charge of the establishment of industrial complex shall be the executive secretary and the deputy director in charge of the establishment of industrial complex shall be the clerk.
  • ⑧ The chairman shall decide on necessary matters other than that regulated in this Ordinance with the consent of the Industrial Site Council.
  • Article 9 (Composition)①The Busan Metropolitan City Industrial Complex Development Support Center (hereinafter referred to as the "Support Center") which is established under the Article 5, Paragraph 1 of the Act on Special Cases concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes (hereinafter referred to as the "Act on Special Cases") shall consist of no more than 60 public officials including one director.
  • ② The director of the Support Center shall be the Director General of Economy and Industry Office, the members of the Support Center shall be commissioned or appointed by the Mayor to each subcommittee among those who fall under the following subparagraphs:
    • 1. The heads of the branches in charge of affairs regarding the development of industrial complexes such as industrial sit