Busan Metropolitan City Ordinance on the Management of the Underpass-Shopping Street
- Article 1 (Purpose)
- The purpose of this Ordinance is to prescribe the matters necessary to manage the underpass-shopping street and its supplementary facilities managed by the Busan Metropolitan City.
- Article 2 (Definition)
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The definitions of terms used in this Ordinance are as follows:
- 1. The term “underpass-shopping street” means the underpass-shopping street under Article 2 (4) of the Rules on Decision, Structure, and Installment Standards of Underpass Public Sidewalk Facilities; and
- 2. The term “supplementary facilities” means underground walking paths, underground plazas, access facilities of the underpass, supplementary facilities including roads linking to basement floor under Article 2 (2), (3), (5), and (7) of the Rules on Decision, Structure, and Installment Standards of Underpass Public Sidewalk Facilities.
- Article 3 (Manager, etc.) (1) The Mayor of the Busan Metropolitan City (hereinafter referred to as the “Mayor”) may have a person to whom the management is entrusted under Article 7 or who receives the permission of free use and benefit (hereinafter referred to as the “manager”) to manage the underpass-shopping street and its supplementary facilities (hereinafter referred to as the “underpass-shopping street, etc.”).
- (2) If the manager under paragraph (1) intents to lease an shop to a third person, he/she shall conclude a lease contract with a person who intents to lease a shop.
- Article 4 (Maintenance and Repair of Facilities) (1) If the manager changes the structure of the underpass-shopping street, etc., or to extend or reconstruct an existing building, or to repair it, he/she shall implement the procedure under relevant Acts and subordinate statutes after obtaining the approval of the Mayor in advance.
- (2) In case of changing the structure of the underpass-shopping street, etc., or to extend or reconstruct an existing building, the Mayor shall bear expenses required for them.
- (3) If a person, who obtains the permission of free use and benefit and manage it after donating the underpass-shopping street, etc., intends to repair the underpass-shopping street, etc., the required expenses shall be borne by the manager.
- Article 5 (Composition of Shop Proliferation Committee) (1) A lessee who concludes a lease contract under Article 3 (2) may compose and operate the Shop Proliferation Committee.
- (2) Article 65 of the Special Act on the Promotion of Traditional Marketplaces and Shopping Districts shall apply mutatis mutandis to the composition and operation of the Shop Proliferation Committee under paragraph (1).
- Article 6 (Management Regulations)
- The Manager shall obtain the approval of the Mayor providing management regulations including the matters falling under any of the following subparagraphs for the management of the underpass-shopping street, etc:
- Article 7 (Entrustment of Management)
- The Mayor may entrust such management and operation to public corporations established by the Busan Metropolitan City or a person who falls under Article 19 (1) of the Enforcement Decree of the Public Property and Commodity Management Act for the efficient management of the underpass-shopping street, etc.
- Article 8 (Entrustment of Delegation)
- The Mayor may delegate authority under Article 3, 4, and 6 to the head of Gu who has jurisdiction over the place where the underpass-shopping street, etc. is located for the efficient management of the underpass-shopping street, etc. managed by a person who obtains the permission of free use and benefit after donating the underpass-shopping street, etc.
- Article 9 (Application Mutatis Mutandis)
- Except as provided in this Ordinance, the relevant provisions of the Public Property and Commodity Management Act, Commercial Building Lease Protection Act, the Special Act on the Promotion of Traditional Marketplaces and Shopping Districts, and the Rules on Decision, Structure, and Installment Standards of Underpass Public Sidewalk Facilities shall apply mutatis mutandis to the management of the underpass-shopping street.
