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ACT ON REGULATION OF SPECIAL CASES OF STATE PROPERTY

Act No. 10486, Mar. 30, 2011

Amended by Act No. 11241, Jan. 26, 2012

Act No. 11886, Jul. 16, 2013

Act No. 12862, Dec. 30, 2014

Act No. 13230, Mar. 27, 2015

Act No. 14031, Feb. 29, 2016

Act No. 14554, Feb. 8, 2017

 Article 1 (Purpose)
The purpose of this Act is to contribute to the sound management of national finance through the promotion of the appropriate management of State property by prescribing matters concerning special cases concerning State property, such as the reduction of and exemption from fees of State property, etc., and the regulation thereof.
 Article 2 (Definitions)
The term "special cases concerning State property" in this Act means any of the following cases:
1. Reduction of and exemption from fees, rent, other prices for the use of or proceeds from State property (hereinafter referred to as "fees, etc.") to which Article 32 (1), 34 (1) or 47 (1) of the State Property Act does not apply;
2. A permit to use or lending of State property beyond the period (hereinafter referred to as "permit for long-term use, etc.") prescribed by Article 35 (1) or 46 (1) of the State Property Act;
3. Transfer of State property to which Article 55 (1) of the State Property Act does not apply.
 Article 3 (Scope of Application)
This Act shall not apply to any of the following cases:
1. Where fees, etc. of State property are reduced and exempted, a permit for long-term use of State property is granted, or State property is transferred as the prices for contributions to the State or provision of replacement facilities thereto (including cases corresponding thereto) by any Act;
2. Where a permit to occupy or use State property is granted, State property is lent or transferred according to the Road Act, the River Act, the Small River Maintenance Act, the Public Waters Management and Reclamation Act, the Fishing Villages and Fishery Harbors Act or the Harbor Act.
 Article 4 (Regulation of Special Cases concerning State Property)
(1) No special cases concerning any State property shall be prescribed without conforming to the Acts prescribed in the attached Table. <Amended by Act No. 12862, Dec. 30, 2014>
(2) The attached Table of this Act cannot be amended by any Act other than this Act.
 Article 5 (Requisites for Special Cases concerning State Property)
The purpose of special cases concerning State property, State property subject to application, etc., shall be prescribed specifically and definitely in the Acts that form the basis of special cases concerning State property. <Amended by Act No. 12862, Dec. 30, 2014>
 Article 5-2 (Setting of Period of Survival of Special Cases concerning State Property)
(1) Where any special case concerning State property is newly prescribed, the period of survival of the provisions of the Act that become the basis thereof shall be specified in the relevant Act.
(2) The period of survival referred to in paragraph (1) shall be set as the minimum period necessary for achieving the objectives of special cases concerning State property, and, in any case, shall not exceed ten years except in cases of permits for long-term use, etc.
[This Article Newly Inserted by Act No. 12862, Dec. 30, 2014]
 Article 6 (Examination on Establishment of Special Cases concerning State Property)
(1) Where it is necessary to establish or change a special case concerning State property (hereinafter referred to as "establishment, etc." in this Article) by enacting or amending statutes, the head of each central government agency (referring to the head of a central government agency under Article 6 of the National Finance Act) shall request the Minister of Strategy and Finance to examine the validity of the establishment, etc. of the special case concerning State property before he/she preannounces legislation of the relevant bill.
(2) Where the head of each central government agency requests an examination pursuant to paragraph (1), he/she shall submit a plan for the establishment, etc. of special cases concerning State property (hereinafter referred to as "plan").
(3) Where the Minister of Strategy and Finance is requested to make an examination pursuant to paragraph (1), he/she shall examine whether the establishment, etc. of special cases concerning State property meets the following standards under the following subparagraphs (in cases of change, referring to standards under subparagraphs 2 through 4):
1. The purpose of any special case concerning State property shall conform to the public interest;
2. Requisites for special cases concerning State property shall be prescribed specifically and definitely;
3. Special cases concerning State property shall be more appropriate than budgetary support, investment in kind and other methods;
4. The period of survival of special cases concerning State property shall be appropriate in the light of the purpose thereof.
(4) Where the Minister of Strategy and Finance makes an examination pursuant to paragraph (3), he/she shall have the State Property Policy Deliberative Committee under Article 26 of the State Property Act deliberate thereon.
(5) Where the Minister of Strategy and Finance deems that as a result of making an examination under paragraph (3), the establishment, etc. of special cases concerning State property does not meet standards under the subparagraphs of the same paragraph, he/she may request the head of a central government agency who has submitted a plan to review or revise the plan.
 Article 7 (Inspection and Assessment on Special Cases concerning State Property)
(1) The Minister of Strategy and Finance shall inspect and assess the purpose, economical expenses, the result of operation and procedures for operation of special cases concerning State property, etc. continuously through deliberation by the State Property Policy Deliberative Committee to efficiently manage and operate special cases concerning State property.
(2) Where the Minister of Strategy and Finance deems that as a result of inspection and assessment under paragraph (1), the operation of special cases concerning State property is inappropriate or it is unnecessary to maintain special cases concerning State property, he/she may request the head of the competent central government agency to improve systems, such as the amendment of statutes, etc. for the repeal, etc. of special cases concerning the relevant State property.
(3) In extenuating circumstances, the head of the competent central government agency requested to improve systems pursuant to paragraph (2) shall prepare a plan for the amendment of statutes for the repeal, etc. of special cases concerning the relevant State property, and measures, such as the establishment, etc. of new systems that may replace special cases concerning State property, and consult with the Minister of Strategy and Finance.
(4) Where the Minister of Strategy and Finance deems it necessary for inspection and assessment under paragraph (1), he/she may request the head of the competent central government agency to submit necessary data.
(5) The Minister of Strategy and Finance shall disclose the outcomes of inspection and assessment under paragraph (1) to the public according to the method and procedure prescribed by Presidential Decree.
 Article 8 (Formulation of Comprehensive Plans for Special Cases concerning State Property)
(1) The head of each central government agency shall formulate a plan for special cases concerning State property for the next year and submit it to the Minister of Strategy and Finance by no later than June 30 each year by including it in a plan for the next year on the management and disposition of State property under Article 9 (2) of the State Property Act.
(2) The Minister of Strategy and Finance shall formulate a comprehensive plan for special cases concerning State property by integrating and adjusting plans for special cases concerning State property for the next year submitted by the heads of the central government agencies pursuant to paragraph (1) and include it in a comprehensive plan for State property under Article 9 (3) of the State Property Act.
(3) A comprehensive plan for special cases concerning State property shall include the following matters:
1. The basic-direction setting for operation of special cases concerning State property;
2. The actual outcomes and prospects of the operation of special cases concerning State property by types;
3. Kinds and sizes of State property, the use of which is to be permitted, or to be lent or transferred in the next year, and the basis for the calculation thereof;
4. Matters prescribed by Presidential Decree in addition to those under the provisions of subparagraphs 1 through 3.
 Article 9 (Reports on Actual Outcomes of Operation)
(1) The head of a central government agency shall submit the actual outcomes of operation according to a comprehensive plan for special cases concerning State property to the Minister of Strategy and Finance by no later than the end of February of the next year by including it in the management and operation report of State property under Article 69 (1) of the State Property Act.
(2) The Minister of Strategy and Finance shall integrate the actual outcomes of operation submitted by the heads of the central government agencies pursuant to paragraph (1) and include it in the general management and operation report of State property under Article 69 (2) of the State Property Act.
 Article 10 (Preparation of Expenditure Budget for Special Cases concerning State Property)
(1) The Minister of Strategy and Finance shall prepare a report in which the actual outcomes of funding in the immediately preceding fiscal year according to special cases concerning State property, such as reduction of and exemption from fees, etc., transfer, etc., and the estimated amount of funding in the relevant year and the next year are analyzed by types of special cases concerning State property (hereinafter referred to as "expenditure budget for special cases concerning State property").
(2) When necessary for preparing an expenditure budget for special cases concerning State property, the Minister of Strategy and Finance may request the heads of the central government agencies to submit data.
(3) Matters concerning the specific method of preparing an expenditure budget for special cases concerning State property shall be prescribed by Presidential Decree.
 Article 11 (Consultation on Transfer of State Property)
Where any of the following persons intends to transfer any State property under any Act other than the State Property Act, he/she shall have prior consultation with the Minister of Strategy and Finance:
1. The head of a central government agency;
2. A person to whom the affairs related to the administration and disposal of general property are delegated or entrusted under Article 42 (1) of the State Property Act.
[This Article Newly Inserted by Act No. 12862, Dec. 30, 2014]
 Article 12 (Restrictions on Uses of Transfer)
(1) A person to whom State property is transferred under any Act shall use such property for the designated purpose for not less than ten years from the date of transfer.
(2) Where the head of a central government agency transfers State property, he/she shall register a special agreement to the effect that a transfer contract shall be terminated if any transferred property is used within ten years for a purpose other than for what it was transferred.
 Article 13 (Delegation of Authority)
(1) The Minister of Strategy and Finance may delegate part of his/her business affairs regarding inspection and assessment on special cases concerning State property under Article 7 to the Administrator of the Public Procurement Service, as prescribed by Presidential Decree.
(2) Where the Administrator of the Public Procurement Service conducts an inspection and assessment regarding special cases concerning State property pursuant to paragraph (1), he/she shall report the findings thereof to the Minister of Strategy and Finance.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2011.
Article 2 (Applicability to Comprehensive Plans for Special Cases concerning State Property)
Article 8 shall apply to the comprehensive plan for special cases concerning State property formulated for the year 2012.
Article 3 (Applicability to Expenditure Budget for Special Cases concerning State Property)
Article 10 shall apply to an expenditure budget submitted to the National Assembly as documents attached to a budget bill for the year 2016 pursuant to subparagraph 14 of Article 34 of the National Finance Act.
Article 4 (Applicability to Restrictions on Uses of Transfer)
Article 11 shall apply to the first State property transferred by any Act after this Act enters into force.
Article 5 (Transitional Measures Following Enforcement of the Cancer Control Act)
The reduction of and exemption from fees, etc. under Article 38 of the Cancer Control Act in subparagraph 108 of the attached Table shall be deemed reduction of and exemption from fees, etc. under Article 13 of the National Cancer Center Act until May 31, 2011.
ADDENDA <Act No. 11241, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11886, Jul. 16, 2013>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 87 and 88 of the attached Table shall enter into force on September 12, 2013, and the amended provisions of subparagraph 196 of the attached Table shall enter into force on October 6, 2013.
ADDENDUM <Act No. 12862, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13230, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14031, Feb. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Day-Care Facilities, Use of which Is Permitted to Local Governments)
The day-care facilities, the fees for use, etc. of which have been reduced and/or exempted in accordance with Article 11 of the Framework Act on Military Welfare, as at the time this Act enters into force, shall be deemed those the fees for use, etc. of which exempted and/or reduced in accordance with the amended provisions of Article 201 of the attached Table.
ADDENDUM <Act No. 14554, Feb. 8, 2017>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provision of subparagraph 209 of the attached Table shall enter into force six months after the date of its promulgation.