ACT ON THE SUPPORT FOR HOUSING DISADVANTAGED PERSONS INCLUDING PERSONS WITH DISABILITIES AND THE AGED
Act No. 11370, Feb. 22, 2012
Amended by Act No. 12989, Jan. 6, 2015
Act No. 13378, jun. 22, 2015
Act No. 13498, Aug. 28, 2015
Act No. 13499, Aug. 28, 2015
Act No. 13802, Jan. 19, 2016
Act No. 13805, Jan. 19, 2016
The purpose of this Act is to promote the stabilization of housing for the disabled, the aged, and other people disadvantaged in housing and the improvement of their standard of housing by providing for matters necessary to provide a safe and comfortable living environment to such people disadvantaged in housing.
The terms used in this Act shall be defined as follows: <Amended by Act No. 13499, Aug. 28, 2015>
| 1. | The term "housing-disadvantaged person" means a person who falls under any of the following items: |
| (a) | A person of at least 65 years of age; |
| (c) | Other persons specified by Presidential Decree; |
| 2. | The term "housing unit for a housing-disadvantaged person" means a housing unit defined as follows: |
| (b) | A privately-constructed rental housing unit defined in subparagraph 2 of Article 2 of the Special Act on Private Rental Housing or a buy-to-rent private housing unit defined in subparagraph 3 of the same Article that is renovated for the purpose of leasing it to housing-disadvantaged persons; |
| (d) | A housing unit in which a housing-disadvantaged person resides and which has been renovated using a subsidy granted pursuant to Article 15 for the cost of such renovation. |
| Article 3 (Responsibilities of State, etc.) |
The State and local governments shall endeavor to accomplish the following tasks for the stabilization of housing of housing-disadvantaged persons and the improvement of their standard of housing:
| 1. | A pleasant and safe living environment shall be provided to housing-disadvantaged persons; |
| 2. | Housing units for housing-disadvantaged persons shall be supplied smoothly and managed efficiently; |
| 3. | Information necessary for a pleasant and safe living environment shall be provided smoothly to housing-disadvantaged persons, and convenience facilities specified in Article 9 shall be installed appropriately in housing units for housing-disadvantaged persons. |
| Article 4 (Relationship to other Acts) |
| Article 5 (Formulation of Housing Support Plan) |
| (1) | The Minister of Land, Transport and Maritime Affairs shall formulate a plan to support housing-disadvantaged persons regarding their housing and shall include the plan in a comprehensive housing plan formulated pursuant to Article 5 of the Framework Act on Residence. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13378, Jun. 22, 2015> |
| (2) | The following matters shall be included in a housing support plan for housing-disadvantaged persons under paragraph (1): |
| 1. | Objectives of, and the goals for, the housing support plan for housing-disadvantaged persons; |
| 2. | Construction and supply of housing units for housing-disadvantaged persons; |
| 3. | Subsidization of costs of renovating housing units for housing-disadvantaged persons; |
| 4. | Other matters that the Minister of Land, Transport and Maritime Affairs deems necessary to stabilize housing for housing-disadvantaged persons. |
| Article 6 (Formulation of City/Do Housing Support Plans) |
| (1) | A Special Metropolitan City Mayor or a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate a City/Do housing support plan for housing-disadvantaged persons in accordance with the relevant housing support plan for housing-disadvantaged persons under Article 5 and shall include the plan in a City/Do comprehensive housing plan formulated pursuant to Article 6 of the Framework Act on Residence. <Amended by Act No. 13378, Jun. 22, 2015> |
| (2) | A City/Do housing support plan for housing-disadvantaged persons shall include the matters specified in suparagraphs of Article 5 (2) and matters necessary to stabilize housing for housing-disadvantaged persons, taking into consideration demographics, the standard of living, actual housing conditions, etc. in the area within jurisdiction of the competent local government. |
| Article 7 (Survey on Actual Housing Condition) |
| (1) | The Minister of Land, Transport and Maritime Affairs or a Mayor/Do Governor may survey the actual housing condition of housing with respect to the following matters: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | The housing environment of housing-disadvantaged persons; |
| 2. | Characteristics of households with a housing-disadvantaged person; |
| 3. | Other matters specified by Presidential Decree in order to find out the actual housing status of housing-disadvantaged persons. |
| (2) | Any person who intends to conduct a survey on the actual housing conditions pursuant to paragraph (1) shall carry a certificate indicating his/her authority and a document describing matters prescribed by Presidential Decree, including the period, scope, and person in charge of the survey, relevant statutes, etc.; and present them to the persons concerned. <Newly Inserted by Act No. 13802, Jan. 19, 2016> |
| (3) | Matters necessary for the interval of, and the procedure and method for, surveys on the actual housing status under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 13802, Jan. 19, 2016> |
| Article 8 (Establishment of Minimum Standard of Housing for Housing Units for Housing-disadvantaged Persons) |
If the Minister of Land, Transport and Maritime Affairs deems it necessary to establish minimum standards for housing pursuant to Article 17 of the Framework Act on Residence, he/she may establish stricter standards for housing units for housing-disadvantaged persons. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13378, Jun. 22, 2015>
| Article 9 (Establishment of Standards for Installation of Convenience Facilities in Housing Units for Housing-disadvantaged Persons) |
| (1) | The Minister of Land, Transport and Maritime Affairs shall establish and publicly notify standards for the installation of convenience facilities in order to provide a safe and convenient living environment to housing-disadvantaged persons. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Housing units specified in subparagraph 2 (a) through (c) of Article 2 shall satisfy the terms and conditions specified by Presidential Decree in the standards established and publicly notified pursuant to paragraph (1) for the installation of convenience facilities. |
| Article 10 (Mandatory Construction of Housing Units for Housing-disadvantaged Persons) |
| (1) | When the State, a local government, the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act, or a local-government-invested public corporation established for housing projects pursuant to Article 49 of the Local Public Enterprises Act (hereinafter referred to as "local public corporation") builds rental housing units specified by Presidential Decree among public rental housing units defined in subparagraph 1 (a) of Article 2 of the Special Act on Public Housing, it shall allocate some of such housing units to housing-disadvantaged persons at a rate not lower than the rate prescribed by Presidential Decree, which shall be at least 3/100. <Amended by Act No. 12989, Jan. 6, 2015; Amended by Act No. 13499, Aug. 28, 2015> |
| (2) | When an approval authority for a project plan prescribed in Article 15 of the Housing Act intends to approve a project plan pursuant to Article 15 of the Housing Act for a project for the construction of housing units for housing-disadvantaged persons under paragraph (1), he/she shall examine whether the plan meets the following requirements and may give instructions to supplement relevant documents and take other necessary measures, if such requirements are not fully met: <Amended by Act No. 13805, Jan. 19, 2016> |
| 1. | Whether the plan reflects the rate of mandatory construction of housing units for housing-disadvantaged persons; |
| 2. | Whether the plan meets the standards prescribed by Article 9 for the installation of convenience facilities. |
| Article 11 (Standards for Construction of Housing Units for Housing-disadvantaged Persons) |
If the Minister of Land, Transport and Maritime Affairs deems it necessary when he/she establishes housing standards pursuant to Article 35 of the Housing Act, he/she may establish stricter standards for the installation of facilities in housing units for housing-disadvantaged persons under subparagraph 2 (a) of Article 2 and ancillary or welfare facilities. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13805, Jan. 19, 2016>
| Article 12 (Subsidization of Leasing Business Entities for Housing Units for Housing-disadvantaged Persons) |
When a leasing business entity builds housing units for housing-disadvantaged persons, the Minister of Land, Transport and Maritime Affairs may lend loans from the Housing and Urban Fund to such business entity for the cost of installing facilities that meet the standards for the installation of convenience facilities under Article 9. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12989, Jan. 6, 2015>
| Article 13 (Terms and Conditions of Leasing Housing Units for Housing-disadvantaged Persons) |
| (1) | Terms and conditions of leasing housing units for housing-disadvantaged persons under subparagraph 2 (a) through (c) of Article 2, such as the qualification for tenants and the method for selecting tenants, shall be prescribed by Presidential Decree. |
| (2) | If it is discovered that a tenant who resides in a rental housing unit for a housing-disadvantaged person committed fraud or other misconduct to lease the housing unit, the relevant leasing business entity may cancel or terminate the relevant lease contract or refuse to renew the lease contract. |
| Article 14 (Report on Current Status of Leasing, etc.) |
| 1. | The current status of supply of housing units for housing-disadvantaged persons; |
| 2. | The location and unit number of each housing unit for a housing-disadvantaged person; |
| 3. | Requirements for convenience facilities in each housing unit for a housing-disadvantaged person. |
| (2) | Matters necessary for reporting under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
| Article 15 (Subsidization for Cost of Remodelling Housing Units) |
| (1) | If a person who falls under any of the following subparagraphs files an application for a subsidy for the cost of remodelling a housing unit (including housing units for rent) so as to make it appropriate for action competence of a housing-disadvantaged person, the State and local governments may provide a subsidy to such person for the cost of remodelling: <Amended by Act No. 12989, Jan. 6, 2015; Act No. 13802, Jan. 19, 2016> |
| 1. | A housing-disadvantaged person; |
| 2. | The head of a household having a housing-disadvantaged person as his/her household member; |
| 3. | A lessor who intends to renovate a housing unit for the purpose of leasing it to a person falling under subparagraph 1 or 2. |
| (2) | The qualification for beneficiaries of support and other necessary matters shall be prescribed by Presidential Decree. |
| Article 16 (Obligation of Lessors Subsidized for Cost of Renovating Housing Units for Housing-disadvantaged Persons) |
When a lessor referred to in Article 15 (1) 3 renovates existing housing units to those for housing-disadvantaged persons with a subsidy granted for the cost of renovating such housing units, the leasing business entity shall lease such housing units to housing-disadvantaged persons and the heads of households to which a housing-disadvantaged person resides for a period of up to five years, specified by Presidential Decree. <Amended by Act No. 13802, Jan. 19, 2016> [Title of This Article Amended by Act No. 13802, Jan. 19, 2016]
| Article 17 (Establishment, etc. of Housing Support Centers) |
| (1) | The State, a Mayor/Do Governor, or the head of a Si/Gun/Gu may establish a housing support center for housing-disadvantaged persons (hereinafter referred to as "Center") in order to carry out the following affairs: |
| 1. | Inspection of housing units to determine the eligibility for a subsidy for the cost of renovating housing units, examination of the appropriateness of renovation projects, and other affairs related to subsidization for renovating housing units; |
| 2. | Counseling on housing-disadvantaged persons' housing problems and affairs related to assistance in daily-life management; |
| 3. | Surveys on the actual condition of housing units in which housing-disadvantaged persons reside and their living environment; |
| 4. | Provision of information relevant to housing units for housing-disadvantaged persons and other affairs specified by Presidential Decree. |
| (2) | The State, a Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust the operation of the Center to a person who meets the requirements prescribed by Presidential Decree with regard to the organization, personnel, etc. appropriate to carry out affairs of providing support to housing-disadvantaged persons in housing. |
| (3) | Matters necessary for the guidelines, procedure, and method for the entrustment under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 18 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Land, Transport and Maritime Affairs may delegate part of his/her authority under this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Transport and Maritime Affairs or a Mayor/Do Governor may entrust a legal entity or organization with the authority to conduct a survey on the actual housing condition of housing-disadvantaged persons pursuant to Article 7, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 19 (Penal Provisions) |
| (1) | Any person who commits fraud or other wrongful conduct to acquire a housing unit for a housing-disadvantaged person or to aid and abet another person to acquire a housing unit for a housing-disadvantaged person shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 20 million won. |
| (2) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding 10 million won: |
| 1. | A person who leases a rental housing unit in violation of Article 13 (1); |
| 2. | A person who fails to report the current status of leasing, etc, pursuant to Article 14 or who makes a false representation in such report; |
| 3. | A person who leases a rental housing unit in violation of Article 16. |
| Article 20 (Joint Penal Provisions) |
If the representative of a legal entity or an agent, employee, or servant who works for a legal entity or an individual violates Article 19 in connection with the business of the legal entity or individual, not only shall such offender be punished accordingly, but the legal entity or individual also shall be punished by the fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply where the legal entity or private individual has not neglected due care and supervision of the business to prevent such violation.
| Article 21 (Fines for Negligence) |
| (1) | Any person who refuses, interferes with, or evades an inspection conducted by the Center shall be punished by a fine for negligence not exceeding five million won. |
| (2) | Fines for negligence under paragraph (1) shall be imposed by the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu. <Amended by Act No. 11690, Mar. 23, 2013> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Mandatory Construction of Housing Units for Housing-disadvantaged Persons)
Article 10 shall apply to applications filed for the approval of a housing project plan on or after this Act enters into force. Article 3 (Applicability to Reporting on Current Status of Leasing of Housing Units for Housing-disadvantaged Persons, etc.)
Article 14 shall apply to housing units for housing-disadvantaged persons, which are leased on or after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12251, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12989, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13378, Jun. 22, 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. 13498, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. <Proviso Omitted.>
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13499, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 13802, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7 (2) shall enter into force four months after the date of its promulgation. Article 2 (Applicability to Subsidization of Cost of Remodelling Housing Units)
The amended provisions of Article 15 (1) shall apply to applications for subsidization of cost of remodelling housing units filed after this Act enters into force.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.