1. In supporting the foreign schools pursuant to Article 10 of the Ordinance, a maximum of 50 percent of the establishment or expansion costs may be provided in consideration of the size of the foreign school facilities, school personnel, number of students and budget conditions;
2. Regarding the support of foreign schools pursuant to Article 10 of the City Ordinance, a maximum of 20 percent of the establishment or expansion costs can be provided in consideration of the size of the foreign school facilities, school personnel, number of students and budget conditions; and
3. When providing the support, the Mayor may attach the conditions including the prohibition of disposal within five years from the date of receipt of the support.
(2) The representative of a foreign school shall submit a school facility cost support application form to the Mayor within a year after completion of construction.
(3) Any person who intends to be provided with subsidies under paragraph (1) shall submit an application prepared in accordance with the attached Form Ⅴ to the mayor within a year after completion of projects, etc.
qualifications of the applicant, listen to the opinion of the head of the ward or country concerned and refer the matter to the Foreign Investment Attraction Council for deliberation before making a decision on the payment of the subsidy and the size of the payment. If necessary, the mayor can make a public servant concerned visit the site for checking.
(2) When a decision to provide a subsidy pursuant to the preceding paragraph (1) is made, the mayor should notify the applicant of the decision by the subsidy payment decision notification form.
Article 16 (Restriction on Use Subsidies for Other Purposes) The person who is under obligation to make the extraordinary collection and who intends to be granted the collection subsidies shall submit to the Mayor any such written application for the said collection subsidies as is prepared under the Rules within one month from the date when the regional development tax on containers is paid.
Article 17 (Settlement of Accounts of Subsidies) (1) If it is necessary to demand a correction after checking the actual state of the execution of the subsidy grand conditions in a foreign invested company, the Mayor may order the company to make such a correction within a certain period of time.
(2) The Mayor shall not do so if a foreign invested company did so owing to unavoidable circumstances.
Article 18 (Ex Post Facto Management of Invested Enterprise)
(1) A foreign-invested enterprise and so on to which funds are provided in accordance with this Ordinance shall use the provided funds only for any business which is specified in a written business plan submitted at
the time when such provision is requested;
1. Contributions from the Seoul Metropolitan Government;
2. Proceeds accruing from the operation of the Fund;
3. Other contributions, subsidies, borrowings, received deposits, reimbursements of loans and so on; and
4. Recoveries of the Fund used under Article 5 (1) 4 and 5.
(2) If there exists any necessity to confirm how the funds provided under this Ordinance are used and managed, the Mayor may require any relevant foreign-invested enterprise and so on submit related materials or have public officials under his/her control visit and investigate that foreign-invested enterprise.
Article 19 (Revocation and Return of Support) (1) The total amount of a subsidy to a foreign invested company shall not exceed the amount of foreign investment of the company concerned.
(2) When a national or a corporation of the Republic of Korea owns directly or indirectly the stocks with voting rights (including investment equity) of a foreign corporation or a foreign firm that makes foreign investment, the portion corresponding to the ratio of such stocks shall not be regarded as foreign investment in calculating a foreign investment ratio.
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
Article 20 (Reward for Actual Results of Foreign Investment Promotion)
(1) The Mayor may pay rewards to any person, organization, corporation, or public official of the Incheon Metropolitan Government or an autonomous Gu thereof that is deemed to make a great contribution to the foreign investment inducement according to his/her actual results of such inducement, to such an extent as the relevant budget permits under Article 20 of the Ordinance.
(2) With respect to a person who conducts any project for building infrastructures such as roads, electric power, water supply facilities, sewerage and communications in order to develop those foreign investment areas which are designated under paragraph (1) of the Ordinance, the Mayor may pay part of the expenses necessary for such development to such an extent as the relevant budget permits.
(3) With respect to any person who establishes or operates the facilities for the improvement of foreign investment environment in foreign investment areas, the Mayor may pay part of the expenses for such establishment or operation to such an extent as the relevant budget permits.
(4) If the Mayor entrusts part of duties related to inducement to the specialized investment inducement institution under paragraphs (1) and (2), he/she may pay it all or part of the expenses necessary to perform the entrusted duties.
Article 21 (Mutatis Mutandis Application of Any Other Ordinance) Except as provided in this Rule, the Incheon Metropolitan City Ordinance on Budget and Management of subsidies shall apply mutatis mutandis to subsidies.
ADDENDA
Article 1 (Enforcement Date) This Rule shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures) (1) Before this Rule enters into force, those matters which are determined under the previous provisions shall be governed by such previous provisions.
(2) Before this Rule enters into force, the Fund raised under the previous provisions shall be included in the revenue of a general account of the Incheon Metropolitan Government.
INCHEON METROPOLITAN CITY RULE ON THE PROMOTION OF LOCAL INFORMATIZATION
Rule No. 2165, Dec. 1, 1997 Amended by Rule No. 2255, Aug. 9,
1999
Article 1 (Purpose) The purpose of this Rule is to provide for matters necessary to facilitate the operation of the Local Informatization Headquarters as determined in the Incheon Metropolitan City (hereinafter referred to as the "City") Ordinance on the Promotion of Local Informatization (hereinafter referred to as the "Ordinance").
Article 2 (Facilities and Equipments) (1) The Mayor of Incheon Metropolitan City (hereinafter referred to as the "Mayor") shall ensure the following computer-related facilities (hereinafter referred to as the
"computer center") in the Local Informatization Headquarters;
1. Computer machinery office and computer communications office following the installation of equipment; and.
2. Other annexed facilities necessary for the Local Informatization Headquarters
(2) The Mayor shall install relevant facilities and equipments necessary for temperature, humidity and fixed voltage for the purpose of maintaining the optimum status of computer equipment installed in the computer center.
Article 3 (Original Data) (1) Preparation of the original data for a business
informatization and the data input through terminals shall be done by the relevant persons in charge of the business, and the guidance for them and the data collection shall be performed by the City's supervising department.
(2) Where the business supervising department prepares, amends or extracts the input forms of original data, it shall hold a consultation on technical matters in advance with the computer department.
Article 4 (Management of Computerized Information) (1) Digital data that have been put in and managed at the time of enforcement of this Ordinance may be kept and managed by the head of Gu/Gun or heads of Dong/Eup/Myeon in accordance with the business plans for administrative computer networks.
(2) The Mayor shall keep the digital data in the situations whereunder they may be comprehensively managed, and the Regulation on the Management of Public Affairs shall apply mutatis mutandis to the matters concerning the method and period of preservation or abolition, etc.
Article 5 (Provision of Data on Computerized Information and) (1) The Mayor shall devise the countermeasures to expand an offer of the data on computer information possessed by him, and to promote their diffusion.
(2) Where any head of supervising department intends to offer the digital data to other agencies for the administrative purposes, he shall make a written consultation on technical matters in advance with the head of computer department.
(3) Where any data are offered pursuant to the provisions of paragraph (2), the fees for using the computer systems shall be collected from the user
agency. In this case, the provisions of Article 16 shall apply to the collection of such fees.
(4) The head of supervising department shall devise the countermeasures to make the data offered pursuant to the provisions of paragraph (2) not to be used for any other purposes than those directly related with the relevant businesses.
Article 6 (Informatization and Standardization of Affairs) (1) The Mayor shall preferentially make an informatization of businesses subject to an informatization that are included in the basic plans and the execution plans by fiscal years.
(2) In making a business informatization, the interchangeability and linking nature shall be secured so as to make a joint application available through the standardization, and the business standardization shall be promoted in order to prevent any dissipation of manpower or budgets due to an informatization.
(3) Where making a business informatization, such an informatization shall be made by applying a business propriety survey, analysis of systems and techniques of informatization, etc. thereto, and the outcome of informatization shall be made into the written forms.
(4) Where any head of supervising department requests the head of computer department to make an informatization, he shall provide the latter with the data necessary for informatization, and if the manpower and budgets required therefor are difficult to be provided by itself, he shall make supports thereto.
(5) The head of Gu/Gun shall promote an informatization business
compatible with regional peculiarity, and the Mayor may render the necessary assistances, such as administration, finance, techniques, etc.
corresponding thereto.
Article 7 (Informatization Services) (1) The Mayor may implement the business, that is deemed to be impossible to informatize internally due to its specialty and high level of technicality, by making the service of its informatization entrusted to an external expert institute.
(2) Where the Mayor concludes a service contract for informatization as referred to in paragraph (1), he shall organize the working group of informatization service composed of public officials in charge of informatization, and have it participate in the process of informatization service.
Article 8 (Registration of Copyright) The Mayor shall make a registration of copyright, pursuant to the related provisions, such as the Computer Programs Protection Act, for the programs deemed to be in need of protection by a copyright.
Article 9 (Plan for Informatization Project and Consultation on Budget) (1) The Mayor shall formulate and implement the execution plans for a promotion of informatization by fields (hereinafter referred to as the
"execution plans") every year in accordance with the basic plans, by including the execution plans of Gu/Gun.
(2) When the Mayor formulates the execution plan as referred to in paragraph (1), he shall submit the promotion record of the execution plan for immediately preceding year and the execution plan for next year to the Committee on Promotion of Informatization, and subject them to its
deliberation.
(3) The Mayor shall preferentially secure the financial resources required for implementation of the execution plan that was fixed by going through a deliberation by the Committee on Promotion of Informatization.
Article 10 (Handling of Entrusted Affairs) (1) The Mayor may have the businesses falling under any of the following subparagraphs entrusted within the limit that does not impede any dealing with business:
1. Businesses to be entrusted by the State agencies, educational institutions or research institutes; and
2. Businesses of the related organizations or due to the civil petitions.
(2) The provisions of Article 16 (1) shall apply mutatis mutandis to the case where the Mayor collects the fees to defray the expenses for dealing with the entrusted businesses.
(3) The head of supervising department shall make a judgment on demands for the terminal apparatuses and their installation, and where making a judgment on the computer's performance, or a selection of the type of those to be installed, or securing the required budgets, he shall hold a consultation in advance with the head of computer department.
Article 11 (Maintenance and Repair) The Mayor shall maintain and repair the computer systems, terminal apparatuses, communications networks, communications equipments, etc. that are installed in the Headquarters of Informatization.
Article 12 (Security Control) (1) The Mayor shall rank the computer room of the headquarters of informatization beyond a restriction zone pursuant to the Security Affairs Regulation, and devise the countermeasures for
security control.
(2) Any person serving in the headquarters of informatization shall obtain an approval of handling the secrets under the conditions as set by the Security Affairs Regulation.
(3) The head of the headquarters of informatization shall formulate the plans for a security control and an information protection, and conduct an education at any time for the service personnel.
Article 13 (Protection of Information) The Mayor shall take measures necessary for the establishment of a sound order of information and communications and for a safe distribution of information.
Article 14 (Measures for Security of Major Files) (1) The head of the headquarters of informatization may reproduce various data to be used within the computers in order to make a safe management of principal data, and keep them in custody by dispersing them to the separate places within the districts wherein the security control installations are secured.
(2) Digital data that are periodically renewed from among the data kept in the headquarters of informatization shall be reproduced at any time and kept in custody.
ADDENDA
(1) (Enforcement Date) This Rule shall enter into force on the date of its promulgation.
(2) (Repeal of Any Other Rule) The Incheon Metropolitan City Rule on the Operation of Informatization Promotion Committee shall be repealed at
the same time as this Rule enters into force.
ADDENDA <Rule No. 2255, Aug. 9, 1999>
Article 1 (Enforcement Date) This Rule shall enter into force on the date of its promulgation.
Article 2 Omitted.
INCHEON METROPOLITAN CITY ORDINANCE ON LOCAL REFERENDUM
Ordinance No. 3766, Jul. 19, 2004
Article 1 (Purpose) The purpose of this Ordinance is to promote residents' participation in the administration of Incheon Metropolitan City as well as to reflect their opinions in such administration on an active basis by providing for matters delegated to municipal ordinances by the Local Referendum Act (hereinafter referred to as the "Act") and those necessary for the enforcement thereof. <Amended by Ordinance No. 3984, Feb. 16, 2005>
Article 2 (Responsibilities of City) (1) The Mayor of Incheon Metropolitan City (hereinafter referred to as the "Mayor") shall take necessary measures to facilitate the exercise of residents' right to vote in a local referendum.
(2) If the Incheon Metropolitan City Election Commission requests the Mayor to render it any assistance necessary for local referendum affairs, he/she shall comply with such request on a priority basis.
(3) The Mayor shall, bona fide, provide any information and material on a local referendum in order that residents may make any correct and
objective judgment and rational decision in connection with that referendum.
Article 3 (Foreigner's Right to Vote in Local Referendum) A foreigner who is not less than twenty years of age, who has his/her domicile in Incheon Metropolitan City as of the base date of the preparation of a register of voters, and who is qualified to be permanently resident under immigration control-related Acts and subordinate statutes, shall have the right to vote in a local referendum.
Article 4 (Matters Subject to Local Referendum) Such matters as may be subject to a local referendum under Article 7 (1) of the Act shall be as follows:
1. Matters concerning the establishment and management of major public facilities for the use of many residents;
2. Except as provided in Article 7 (2) 5 of the Act, matters subject to the hearing of opinions of residents under other Acts; and
3. Other major decisions which cause a heavy burden to residents and have a substantial bearing upon their welfare, safety, etc.
Article 5 (Number of Residents Required for Request for Local Referendum) The number of residents who shall affix their signatures in case of making a request for a local referendum under Article 9 (2) of the Act shall be 1/20 of the total number of residents having the
right to make such request.
Article 6 (Methods of Request for Signature) (1) The representative of residents who make a request for a local referendum shall, if he/she requests them to affix their signatures under Article 10 (3) of the Act, attach a written request or a copy thereof and a representative's certificate or a copy thereof to a register of those signatures.
(2) The representative of residents who make a request for a local referendum may delegate his/her authority to make a request for signatures to any other resident having the right to make a request for a local referendum under Article 10 (3) of the Act and shall, if the representative does so, submit a report on such delegation including the full name of a delegated person and the delegation period to the Mayor.
In this case, the Mayor shall deliver a certificate of the said report without delay after verifying whether or not a delegated person is a resident having the right to make a request for a local referendum.
(3) A delegated person referred to in paragraph (2) of this Article shall, if he/she requests residents to affix their signatures under Article 10 (3) of the Act, attach a written request for a local referendum or a copy thereof, a representative's certificate or a copy thereof and a signature request authority delegation report certificate to the signature register.
Article 7 (Signature Request Period) The signature request period under Article 10 (3) of the Act shall not exceed one hundred and eighty days from the date when the delivery of a representative's certificate is published under Article 10 (2) of the Act.
Article 8 (Signature and Preparation of Signature Register) (1) A resident who intends to sign the signature register shall enter his/her full name, resident registration number and domicile as well as the date of such signature in that register and sign or seal it.
(2) The signature register shall be separately prepared on the basis of Eup/Myeon/Dong according to Gu/Gun.
Article 9 (Submission of Written Request for Local Referendum) A written request for a local referendum under Article 12 (1) of the Act shall include the representative's full name, domicile and resident registration number, the subject matter of and reasons for the request, the facts supporting it, etc. and may, if necessary, be accompanied by relevant data.
Article 10 (Offer of Signature Register for Public Inspection) (1) The Mayor shall have residents inspect a written request for a local referendum or a copy thereof and the signature register or a copy thereof after determining a period, time and place of such inspection according to Gu/Gun under Article 12 (3) of the Act.
(2) The Mayor shall have residents inspect copies so as not to disclose their resident registration numbers: Provided, That when any resident intends to confirm his/her signature, the Mayor may have him/her inspect relevant parts of the originals.
(3) The Mayor shall, if he/she has residents inspect a written request for a local referendum and the signature register under paragraph (1), have a relevant public official participate therein.
(4) The Mayor shall, if he/she publishes the fact that a local referendum is requested under Article 12 (3) of the Act, make public a period, time and place referred to in paragraph (1) of this Article.
Article 11 (Signature Correction Period) The signature correction period under Article 12 (7) of the Act shall not exceed fifteen days.
Article 12 (Local Referendum Request Council) (1) The Mayor shall establish a Local Referendum Request Council (hereinafter referred to as the "Council") to deliberate and resolve on any of the following matters:
1. Confirmation of valid signatures affixed to the signature register;
2. Review and decision on objections;
3. Review and decision on local referendum request requirements; and 4. Other matters which the Chairperson refers to the Council.
(2) The Chairperson of the Council shall be the Deputy Mayor for
Administrative Affairs.
(3) The Council shall be composed of not less than seven nor more than thirteen members including one Chairperson and one Vice-Chairperson, and a majority of the members shall not be public officials including the members of the Incheon Metropolitan Council.
(4) The members referred to in paragraph (3) shall be commissioned or appointed by the Mayor from among those persons who fall under any of the following subparagraphs:
1. Grade Ⅲ or higher public officials belonging to Incheon Metropolitan City;
2. Persons recommended by the Incheon Metropolitan Council;
3. Attorneys-at-law, professors, certified public accountants and representatives of non-governmental organizations or other persons having qualifications corresponding thereto; and
4. Other persons deemed to have much professional knowledge and experience in relevant fields including a local referendum.
(5) The term of office of a commissioned member shall be two years:
Provided, That the term of office of a member who is a public official shall be the period during which he/she holds office.
(6) A meeting of the Council shall, if requested by the Chairperson or at least one third of the members, be convened by the Chairperson.
(7) All decisions of the Council shall be taken by a simple majority of the members.
(8) The Council may, if deemed necessary to deal with objections, request relevant persons to give their opinions or testimony.
(9) Allowances and travel expenses may, in accordance with the Incheon Metropolitan City Ordinance on the Reimbursement of Actual Expenses of Committees, be paid to those members who attend a meeting of the Council, to such an extent as the relevant budget permits
(10) Except as provided in this Ordinance, necessary matters concerning the operation of the Council shall be determined by the Chairperson, subject to the resolution of the Council.
Article 13 (Handling Period) (1) If the Mayor receives an application for delivery of a representative' certificate or a report on delegation of authority to request signatures from the representative, the Mayor shall, without delay, deliver that certificate or any other certificate of such report.
(2) The Mayor shall decide whether or not to accept a request for a local referendum made by the representative within fourteen days after the public inspection period under Article 12 (3) and (5) of the Act expires or the results of review on objections is communicated:
Provided, That the Mayor shall do so within fourteen days after the
correction period expires when he/she requests any correction under Article 12 (7) of the Act.
(3) If it is difficult to decide whether or not to deliver a representative' certificate or accept a request for a local referendum within a period referred to in paragraph (1) or (2) for any unavoidable reason, the Mayor may, only once, extend such decision for that period.
Article 14 (Restriction of Referendum Campaign) (1) No resident shall make a house-to-house visit related to a local referendum campaign from 8:00 p.m. to 8:00 a.m. on the next day under Article 22 (2) of the Act.
(2) An outdoor meeting related to a local referendum campaign (meaning a speech meeting, interview or debate in any open place) shall not be held from 10:00 p.m. to 7:00 a.m. on the next day under Article 22 (2) of the Act: Provided, That when only portable loudspeaker systems are used in a speech or interview in any open place, such speech or interview shall be permitted from 6:00 a.m. to 11:00 p.m.
Article 15 (Form of Written Request for Local Referendum, etc.) (1) An application for the delivery of a representative's certificate under Article 10 (1) of the Act shall be made in accordance with the attached Form 1.
(2) A representative's certificate under Article 10 (2) of the Act shall
be in accordance with the attached Form 2.
(3) A report on the delegation of authority to request signatures and a signature request authority delegation report certificate under Article 6 (2) shall be in accordance with the attached Form 3 and the attached Form 4, respectively.
(4) The signature register under Article 8 (2) shall be in accordance with the attached Form 5.
(5) A request for a local referendum under Article 12 (1) of the Act shall be in accordance with the attached Form 6.
(6) A written objection under Article 12 (4) of the Act shall be in accordance with the attached Form 7.
Article 16 (Methods of Publication, etc.) Publication under Articles 8 (2), 9 (4), 10 (2), 12 (3) and (8), and 13 (1) and public notification under Articles 10 (4) and 13 (2) of the Act shall be included or posted in one or more of an official Gazette, a gazette of Incheon Metropolitan City, a bulletin and a daily newspaper as well as in Internet.
ADDENDUM
This Ordinance shall enter into force on July 30, 2004.
[Form 1]
Application for Delivery of Representative's Certificate
Representative
Name
Resident Registration
Number
Address (Telephone : )
Subject Matter of Request and
Facts Supporting
Request
Reasons for Request
I hereby apply for the delivery of a representative's certificate under Article 10 (1) of the Local Referendum Act and Article 15 (1) of the Incheon Metropolitan City Ordinance on Local Referendum.
Date:
Representative (Signature or Seal)
To
※ Reference: If a column in which the subject matter of request and the facts supporting request or reasons for request are entered is short, please enter the major points and prepare an attached paper.