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ENFORCEMENT DECREE OF THE MULTI-FAMILY HOUSING MANAGEMENT ACT

Presidential Decree No. 27445, Aug. 11, 2016

Amended by Presidential Decree No. 27473, Aug. 31, 2016

Presidential Decree No. 27555, Oct. 25, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27780, Jan. 10, 2017

Presidential Decree No. 28247, Aug. 16, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated from the Multi-Family Housing Management Act and matters necessary for the enforcement of said matters.
 Article 2 (Range of Multi-Family Housing Subject to Compulsory Management)
The range of multi-family housing subject to compulsory management under Article 2 (1) 2 of the Multi-Family Housing Management Act (hereinafter referred to as the "Act") shall be as follows:
1. Multi-family housing with at least 300 households;
2. Multi-family housing with at least 150 households, equipped with elevators;
3. Multi-family housing with at least 150 households, equipped with a central heating system (including the district heating system);
4. A building which contains housing units for at least 150 households, which consists of housing and facilities other than housing built compositely in the same building after obtaining a building permit under Article 11 of the Building Act.
CHAPTER II METHODS OF MANAGEMENT OF MULTI-FAMILY HOUSING
 Article 3 (Methods for Determining Methods of Management)
Methods for managing multi-family housing under Article 5 (2) of the Act shall be determined and altered in accordance with the following methods:
1. Proposing the method for managing multi-family housing through a determination made by the council of occupants' representatives and approving the method for managing multi-family housing by a majority of all occupants, etc.;
2. Proposing the method for managing multi-family housing by at least ten percent of all occupants, etc. and approving the method for managing multi-family housing by a majority of all occupants, etc.
 Article 4 (Formation and Operation of Autonomous Management Body)
(1) "Technical human resources and equipment prescribed by Presidential Decree" in Article 6 (1) of the Act means technical manpower and equipment under attached Table 1.
(2) An autonomous management body (hereinafter referred to as "autonomous management body") under Article 6 (1) of the Act shall be placed under the supervision of the council of occupants' representatives.
(3) The council of occupants' representatives shall appoint the head of the management office of an autonomous management body with the consent of a majority of members of the council of occupants' representatives (referring to the fixed number of people prescribed by the management rules; where at least two-thirds of the members of the relevant council of occupants' representatives have been elected, referring to the number of persons elected; hereinafter the same shall apply).
(4) Where the head of the management office appointed pursuant to paragraph (3) is dismissed or a vacancy arises for other reasons, the council of occupants' representatives shall appoint the new head of the management office within 30 days from the date such reasons arise.
(5) No member of the council of occupants' representatives shall concurrently hold office as an employee of an autonomous management body.
 Article 5 (Selection, etc. of Housing Management Service Provider)
(1) The Minister of Land, Infrastructure and Transport shall prescribe and publicly notify detailed standards, procedures, methods, etc. for using electronic bidding under Article 7 (1) 1 of the Act.
(2) "Methods prescribed by Presidential Decree, such as bidding methods" in Article 7 (1) 2 of the Act means the following methods:
1. Except in cases prescribed and publicly notified by the Minister of Land, Infrastructure and Transport, competitive bidding shall be performed. In such cases, the Minister of Land, Infrastructure and Transport shall prescribe and publicly notify the following:
(a) Bidding procedures;
(b) Eligibility for participation in bidding;
(c) Validity of bids;
(d) Other matters necessary for the appropriate selection of a housing management service provider;
2. Notwithstanding subparagraph 1, where the council of occupants' representatives intends to reselect a housing management service provider whose contract has expired as a management entity by private contract, the council of occupants' representatives shall meet each of the following requirements:
(a) Less than ten percent of all occupants, etc. shall have objected to the selection thereof in writing as a result of the hearing of opinions of occupants in accordance with procedures prescribed by the management rules;
(b) At least two-thirds of the members of the council of occupants' representatives shall give consent to the selection thereof after requirements under item (a) have been met;
3. Where an auditor of the council of occupants' representatives wishes to witness the bidding process, he/she shall be permitted to do so;
4. The period for contract shall be determined in consideration of the period for adjustment of a long-term repair plan.
(3) Where occupants, etc. intend to request the council of occupants' representatives to restrict the participation of the existing housing management service provider in the bidding for the selection of a new housing management service provider pursuant to the former part of Article 7 (2) of the Act, they shall obtain written consent from a majority of all occupants, etc.
 Article 6 (Formation and Operation of Management Body of Multi-Family Housing)
(1) A management body of multi-family housing shall have technical manpower and equipment under attached Table 1 pursuant to Article 9 (1).
(2) Where the council of occupants' representatives or the management entity jointly or separately manage multi-family housing pursuant to Article 8 of the Act, it shall form a management body of multi-family housing under Article 9 (1) of the Act for each unit of joint management or separate management.
 Article 7 (Management of Mixed Housing Complex)
(1) Matters the council of occupants' representatives and the rental business operator of a mixed housing complex should jointly determine concerning the management of the mixed housing complex pursuant to Article 10 (1) of the Act shall be as follows:
1. Determination and alteration of the method for managing the mixed housing complex under Article 5 (1) of the Act;
2. Selection of a housing management service provider;
3. Adjustment of a long-term repair plan;
4. Matters concerning the replacement and repair of important facilities using reserves for long-term repairs (referring to long-term repairs under Article 30 (1) of the Act; hereinafter the same shall apply) and using reserves for special repairs (referring to reserves for special repairs under Article 53 of the Special Act on Private Rental Housing or Article 50-4 of the Special Act on Public Housing);
5. Matters concerning various construction works and services performed using maintenance fees, etc. (hereinafter referred to as "maintenance fees, etc.") under Article 25 of the Act.
(2) Notwithstanding paragraph (1), the council of occupants' representatives and the rental business operator may determine matters under paragraph (1) 4 or 5, respectively, in a mixed housing complex meeting each of the following requirements:
1. It shall be possible to manage the mixed housing complex by dividing it for reasons, such as the placement of multi-family housing for the purpose of sale and rental housing in separate buildings;
2. The council of occupants' representatives and the rental business operator shall have agreed not to jointly make determinations but to make determinations separately.
(3) Where the council of occupants' representatives and the rental business operator fail to reach an agreement to jointly determine matters under the subparagraphs of paragraph (1) between them, they shall determine matters concerning the management of the mixed housing complex in accordance with the following classification:
1. Matters under paragraph (1) 1 and 2: The council of occupants' representatives or the rental business operator that manages an area exceeding one half of the area supplied for the relevant mixed housing complex shall determine;
2. Matters under paragraph (1) 3 through 5: The council of occupants' representatives or the rental business operator that manages an area exceeding two-thirds of the area supplied for the relevant mixed housing complex shall determine.
(4) Notwithstanding paragraph (3), where the council of occupants' representatives or the rental business operator fails to determine matters under the subparagraphs of paragraph (1) concerning the management of the mixed housing complex, it may request the Multi-Family Housing Management Dispute Mediation Committee under Article 71 (1) of the Act, to provide a mediation service to settle the dispute.
 Article 8 (Notification of Request for Management to Occupants, etc.)
(1) Where the business entity notifies occupants, etc. that a majority of prospective occupants have moved into multi-family housing pursuant to Article 11 (1) of the Act, it shall state the following in a written notification:
1. The total number of households of prospective occupants and the total number of households of occupants who have moved into multi-family housing;
2. The number of households of prospective occupants of each building and the number of households of occupants who have moved into each building;
3. Request for determination concerning the method for managing multi-family housing;
4. Name and address of the business entity (in cases of a corporation, referring to the name and location thereof).
(2) In any of the following cases, the rental business operator shall notify occupants, etc. by applying paragraph (1) mutatis mutandis:
1. Where privately-constructed rental housing under subparagraph 2 of Article 2 of the Special Act on Private Rental Housing are transferred to a person other than a rental business operator pursuant to Article 43 of the aforesaid Act, where a majority of prospective occupants have moved into the relevant rental housing transferred;
2. Where publicly-constructed rental housing under subparagraph 1-2 of Article 2 of the Special Act on Public Housing is converted for sale in lots under subparagraph 4 of the aforesaid Article, where a majority of the total number of households of the relevant publicly constructed rental housing is converted for sale in lots.
(3) The business entity and the rental business operator under paragraph (2) shall cooperate in the formation of the council of occupants' representatives.
 Article 9 (Reporting of Determination, etc. of Method of Management)
Where the chairperson of the council of occupants' representatives (where a person performs duties on his/her behalf, including the person who performs duties on his/her behalf; hereinafter the same shall apply) intends to make a report on the determination of the method for managing multi-family housing (where he/she has selected the entrusted management of multi-family housing, including the selection of the housing management service provider) or the determination of the alteration thereof pursuant to Article 11 (3) of the Act, he/she shall submit a report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (in cases of the head of a Gu, referring to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu") within 30 days from the date the determination is made or the determination of the alteration is made.
 Article 10 (Transfer of Managerial Affairs)
(1) The business entity shall transfer managerial affairs of multi-family housing to the management entity of the relevant multi-family housing within one month from the date it falls under any of the subparagraphs of Article 13 (1) of the Act pursuant to Article 13 (1) of the Act.
(2) A new management entity under Article 13 (2) of the Act shall form a management body of multi-family housing by the expiration date of the existing management, and the existing management entity shall transfer managerial affairs of multi-family housing by the expiration date of the relevant management.
(3) Notwithstanding paragraph (2), where the transfer and takeover has not been conducted by the expiration date of the existing management, the existing management entity shall transfer managerial affairs of multi-family housing to a new management entity within one month from the expiration date of the existing management (where a new management entity is not selected by the expiration date of the existing management, referring to the date the new management entity is selected). In such cases, the labor costs, etc. of the existing management entity incurred during transfer thereof may be paid from maintenance fees of the relevant multi-family housing.
(4) Where the business entity transfers managerial affairs of multi-family housing to the relevant management entity pursuant to Article 13 (1) of the Act, it shall transfer the following documents along with a document stating the transfer and takeover thereof signed and sealed by the transferor and transferee, respectively in the presence of the chairperson of the council of occupants' representatives and one or more auditors. The foregoing shall also apply where the existing management entity transfers managerial affairs of multi-family housing to a new management entity pursuant to paragraph (2) of the aforesaid Article:
1. Drawings and specifications, details of equipment, a long-term repair plan and a safety management plan (hereinafter referred to as "safety management plan") under Article 32 of the Act;
2. Status of the imposition and collection of maintenance fees, user fees and rental fees, and financial documents;
3. Status of the accumulation of reserves for long-term repairs;
4. Details of maintenance fees on deposit under Article 24 (1) of the Act;
5. Status of the date an area for exclusive use by a household is delivered to an occupant pursuant to Article 36 (2) 1 of the Act;
6. Management rules and other matters necessary for managerial affairs of multi-family housing.
(5) Where constructed rental housing (referring to privately constructed rental housing under subparagraph 2 of Article 2 of the Special Act on Private Rental Housing and publicly constructed rental housing under subparagraph 1-2 of Article 2 of the Special Act on Public Housing; hereinafter the same shall apply) is converted to housing for sale in lots (referring to the transfer of housing to a person other than a rental business operator under Article 43 of the Special Act on Private Rental Housing and conversion to housing for sale in lots under subparagraph 4 of Article 2 of the Special Act on Public Housing; hereinafter the same shall apply), the rental business operator shall transfer managerial affairs of multi-family housing to the management entity by applying paragraphs (1) and (4) mutatis mutandis.
CHAPTER III COUNCIL OF OCCUPANTS' REPRESENTATIVES AND MANAGEMENT RULES
SECTION 1 Council of Occupants' Representatives
 Article 11 (Election of Representatives from Each Building)
(1) One representative from each building (referring to a representative from each building under Article 14 (1) of the Act; hereinafter the same shall apply) shall be elected for each electoral district pursuant to Article 14 (3) of the Act, and the method of the election thereof shall be classified as follows:
1. Where there are two or more candidates: A majority of all occupants, etc. of the relevant electoral district shall cast a vote, and elect the person who receives the largest number of votes among the candidates as the representative;
2. Where there is one candidate: A majority of all occupants, etc. of the relevant electoral district shall cast a vote, and elect the person who obtains the vote of a majority of voters as the representative.
(2) "Period prescribed by Presidential Decree" in Article 14 (3) 1 of the Act means six months.
(3) "Persons prescribed by Presidential Decree" in Article 14 (4) 5 of the Act means any of the following persons:
1. A person in whose case two years have not passed since he/she was sentenced to pay a fine of at least one million won for crime violating the Act, the Housing Act, the Special Act on Private Rental Housing, the Special Act on Public Housing, the Building Act or the Act on Ownership and Management of Condominium Buildings;
2. A member of an election committee (including a person who has resigned, has been dismissed or decommissioned, in whose case his/her term has not expired) under Article 15 (1) of the Act;
3. The spouse or lineal ascendent or descendent of an owner, who does not have the right of representation delegated by the owner of multi-family housing in writing;
4. An executive officer or employee of the management entity of the relevant multi-family housing, and an executive officer belonging to a person who provides services to the management entity of the relevant multi-family housing or who is designated as a contractor. In such cases, where the management entity is a housing management service provider, he/she shall be determined based on the relevant housing management service provider;
5. A person in whose case one year (where he/she resigned after a request for dismissal of the representative of the relevant building had been made, being two years) has not passed from the date he/she resigned as the representative from each building of the relevant multi-family housing or two years have not passed from the date he/she was dismissed;
6. A person who fails to pay maintenance fees, etc. under the provisions of Article 23 (1) through (5) for at least the preceding three consecutive months.
(4) Grounds for disqualification (referring to grounds for disqualification under Article 14 (4) of the Act and paragraph (3) of this Article; hereinafter the same shall apply) of an owner of a multi-family housing unit shall have an influence on a person who represents him/her, and where grounds for disqualification of an owner of a shared multi-family housing unit are determined, a determination shall be made based on grounds for disqualification of a person who owns the largest share therein.
 Article 12 (Election, etc. of Executive Officers of Council of Occupants' Representatives)
(1) The following executive officers shall be assigned to the council of occupants' representatives pursuant to Article 14 (5) of the Act:
1. One chairperson;
2. Two or more auditors;
3. One or more directors.
(2) Executive officers under paragraph (1) shall be elected in accordance with methods under the following classification from among the representatives from each building pursuant to Article 14 (7) of the Act:
1. In cases of multi-family housing with at least 500 households:
(a) Methods of election of chairperson:
(i) The chairperson shall be elected through universal suffrage, equal suffrage, by direct election and secret ballot of occupants, etc. in accordance with the following classification:
a. Where there are two or more candidates: At least ten percent of all occupants, etc. shall cast a vote and the person who receives the largest number of votes shall be elected as chairperson;
b. Where there is one candidate: At least ten percent of all occupants, etc. shall cast a vote and the person who obtains the vote of a majority of voters shall be elected as chairperson;
(ii) Notwithstanding sub-item (i), where there is no candidate or elected person, the chairperson shall be elected with the consent of a majority of the members of the council of occupants' representatives;
(b) Methods of electing auditors:
(i) Auditors shall be elected through universal suffrage, equal suffrage, by direct election and secret ballot of occupants, etc. in accordance with the following classification:
a. Where the number of candidates exceeds the number of positions to be filled: At least ten percent of all occupants, etc. shall cast a vote and persons who receive the largest number of votes shall be elected as auditors;
b. Where the number of candidates does not exceed the number of persons required to be elected: At least ten percent of all occupants, etc. shall cast a vote and persons who obtains the vote of a majority of voters shall be elected as auditors;
(ii) Notwithstanding sub-item (i), where there is no candidate or elected person (including where an additional election is required because the number of persons elected is less than the positions to be filled), auditors shall be elected with the consent of a majority of the members of the council of occupants' representatives;
(c) Methods of electing directors: Directors shall be elected with the consent of a majority of the members of the council of occupants' representatives;
2. In cases of multi-family housing with less than 500 households:
(a) Chairperson and auditors: They shall be elected in accordance with methods classified as follows:
(i) They shall be elected with the consent of a majority of the council of occupants' representatives;
(ii) Notwithstanding sub-item (i), where the method of election is prescribed by the management rules, they shall be elected in accordance with methods under subparagraph 1 (a) and (b);
(b) Directors: They shall be elected with the consent of a majority of the council of occupants' representatives.
(3) The council of occupants' representatives may appoint a director to be in charge of affairs concerning revitalizing community life from among the directors thereof to promote understanding and harmony among occupants, etc.
(4) The scope, etc. of affairs of executive officers of the council of occupants' representatives shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 13 (Term of Office of Representatives from Each Building)
(1) The term of office of representatives from each building shall be two years pursuant to Article 14 (7) of the Act: Provided, That the term of office of a representative from each building who is elected through an election to fill a vacancy shall be the remainder of the unexpired term of his/her predecessor.
(2) Representatives from each building may be elected for two consecutive terms only pursuant to Article 14 (7) of the Act. In such cases, where the term of office of a representative from each building elected through an election to fill a vacancy is less than six months, such term of office shall not be included in the terms of office.
(3) Notwithstanding Article 11 (1) and paragraph (2) of this Article, in cases of an electoral district, which is included in multi-family housing with less than 500 households, where there is no candidate for a representative from each building though public announcements of election have been made twice, a person who has been elected for two consecutive terms of the representative from each building may be reelected as the representative from each building with the consent of at least two-thirds of occupants, etc. of the relevant electoral district through a public announcement of election. In such cases, where there is a person who has not been elected for two consecutive terms of the representative from each building among candidates, the person who has been elected for two consecutive terms of the representative from each building shall lose the qualification of a candidate.
(4) Where a representative from each building and an executive officers of the council of occupants' representatives have a reason prescribed by the management rules pursuant to Article 14 (7) of the Act, he/she shall be dismissed in accordance with methods classified as follows:
1. Representative from each building: A majority of all occupants, etc. of the relevant electoral district shall cast a vote and he/she shall be dismissed with the consent of a majority of voters;
2. Executive of the council of occupants' representatives: He/she shall be dismissed in accordance with methods classified as follows:
(a) Chairperson and auditors (excluding the chairperson and auditors elected at the meeting of the council of occupants' representatives pursuant to Article 12 (2) 2 (a) (i)): At leat ten percent of all occupants, etc. shall cast a vote and they shall be dismissed with the consent of a majority of voters;
(b) Directors (including the chairperson and auditors elected at the meeting of the council of occupants' representatives pursuant to Article 12 (2) 2 (a) (i)): They shall be dismissed as prescribed by the management rules.
 Article 14 (Methods of Making Determinations, Matters to Be Determined, etc. of Council of Occupants' Representatives)
(1) The council of occupants' representatives shall pass resolutions with the consent of a majority of the members thereof, pursuant to Article 14 (7) of the Act.
(2) Matters to be determined by the council of occupants' representatives under Article 14 (8) of the Act shall be as follows: <Amended by Presidential Decree No. 27780, Jan. 10, 2017>
1. Making a proposal for amendment of the management rules (the proposal shall include the purpose of amendment, content, the period for validity of the proposal, the proposer, etc.; hereinafter the same shall apply);
2. Matters delegated from the management rules and the enactment, amendment and repeal of the regulations necessary to implement the aforesaid matters;
3. Proposal of the method for managing multi-family housing;
4. Approval for a business plan and the budget (including approval for the alteration thereof) necessary for the disbursement of maintenance fees, etc. under Article 23 (1) through (5);
5. Determination of criteria for the imposition of user fees of public facilities;
6. Request for audit on maintenance fees, etc. under Article 23 (1) through (5) and approval for an auditor's report;
7. Approval for the settlement of accounts of maintenance fees, etc. under Article 23 (1) through (5) and approval for an auditor's report;
8. Standards for maintenance and operation of electricity, roads, water supply and sewerage systems, parking lots, gas facilities, heating and air conditioning systems, elevators, etc. within the complex;
9. Where multi-family housing is managed autonomously, matters concerning the appointment and dismissal of employees of an autonomous management body;
10. Repair, replacement and improvement of the common areas of multi-family housing based on a long-term repair plan;
11. Proposal to obtain permission or make a report to perform activities in relation to multi-family housing under Article 35 (1) of the Act;
12. Confirmation of the expiration of warranty liability for common areas of multi-family housing under Article 39 (5) and (6);
13. Proposal for the entrusted operation of communal facilities for inhabitants (excluding a child care center; hereinafter the same shall apply in Articles 19, 23, 25, 29 and 29-2);
13-2. Proposal for permission to occupants, etc. of neighboring multi-family housing complexes to use communal facilities for inhabitants under Article 29-2;
14. Formulation or adjustment (limited to where expenses are incurred) of a long-term repair plan and a safety management plan;
15. Mediation to settle conflicts of interest among occupants, etc.;
16. Matters concerning the revitalization of community life and maintenance of order;
17. Other matters prescribed by the management rules in relation to the management of multi-family housing.
(3) The chairperson shall convene meetings of the council of occupants' representatives in his/her name, as prescribed by the management rules: Provided, That in any of the following cases, the chairperson shall convene a meeting of the council of occupants' representatives within 14 days from the relevant date, and where the chairperson fails to convene a meeting, a director prescribed by the management rules shall convene a meeting and perform the duties of the chairperson on his/her behalf:
1. Where at least one-third of the members of the council of occupants' representatives requests the chairperson to convene a meeting thereof;
2. Where at least ten percent of occupants, etc. requests the chairperson to convene a meeting thereof;
(4) No resolution passed by the council of occupants' representatives concerning matters under the subparagraphs of paragraph (1) shall infringe upon any rights a person who has interests in the management of the relevant multi-family housing, who is not an occupant, etc.
(5) Where a housing management service provider manages multi-family housing, the council of occupants' representatives shall not unreasonably interfere in affairs of the housing management service provider, such as personnel and labor management.
 Article 15 (Number, etc. of Members of Election Committee)
(1) An election committee (hereinafter referred to as "election committee") under Article 15 (1) of the Act shall be comprised of members under the following classification including the chairperson from among occupants, etc.:
1. Multi-family housing with at least 500 households: At least five but not exceeding nine members;
2. Multi-family housing with less than 500 households: At least three but not exceeding nine members.
(2) The chairperson of the election committee shall be elected by the election committee from among its members.
(3) Notwithstanding paragraph (1), the council of occupants' representatives of multi-family housing with at least 500 households may appoint one staff member belonging to the Election Commission under Article 2 of the Election Commission Act as a member of the election committee, as prescribed by the management rules.
(4) An election committee shall decide its opinion with the consent of a majority of its members (referring to the fixed number of members prescribed by the management rules). In such cases, matters not prescribed by this Decree and the management rules may be prescribed by the regulations of the election committee.
(5) Matters concerning the formation, operation, affairs (including the confirmation of grounds for disqualification of representatives from each building under the subparagraphs of Article 14 (4) of the Act), expenses, the appointment, dismissal and term of office of members of an election committee shall be prescribed by the management rules.
 Article 16 (Grounds, etc. for Disqualification of Members of Election Committee)
"Persons prescribed by Presidential Decree" in Article 15 (2) 3 of the Act means any of the following persons:
1. A minor, a person under adult guardianship or a person under limited guardianship;
2. A person who has resigned as the representative from each building or a member of the election committee, or has been dismissed or decommissioned from that position, whose term remains.
 Article 17 (Criminal Background Checks on Candidates for Representatives from Each Building)
(1) The chairperson of the election committee shall request the chief of a police station to conduct a criminal background check on a candidate for representative from each building pursuant to Article 16 (2) of the Act. In such cases, he/she shall also submit a written consent of the candidate to the chief of the police station.
(2) The chief of a police station requested to conduct a criminal background check under paragraph (1) shall confirm whether a candidate for representative from each building has a criminal record under Article 14 (4) 3 or 4 of the Act or Article 11 (3) 1 of this Decree and make his/her reply to the chairperson of the election committee.
 Article 18 (Education of Members of Council of Occupants' Representatives)
(1) Where the head of a Si/Gun/Gu intends to provide necessary education in relation to the operation of the council of occupants' representatives and ethics education (hereafter in this Article, referred to as "operation and ethics education") to members of the council of occupants' representatives pursuant to Article 17 (1) of the Act, he/she shall publicly announce the following or notify persons subject to education of the following by no later than ten days prior to education:
1. Date and time, period, and place of education;
2. Details of education;
3. Persons subject to education;
4. Other matters necessary for education.
(2) Members of the council of occupants' representative shall complete operation and ethics education for four hours a year.
(3) Operation and ethics education shall be provided collectively: Provided, That where it is possible to manage the status of participation in education, all or part of aforesaid education may be provided online.
(4) The head of a Si/Gun/Gu shall issue a certificate of completion to those who have completed operation and ethics education: Provided, That the provision of a written notification of the fact that a person has completed education to the council of occupants' representatives to which he/she belongs may be done in lieu of a certificate of completion.
(5) The cost of operation and ethics education shall be borne out of operating expenses of the council of occupants' representatives: Provided, That where the head of a Si/Gun/Gu deems it necessary, he/she may fully or partially subsidize such cost.
(6) The head of a Si/Gun/Gu shall strictly manage the status of participation of members of the council of occupants' representatives in operation and ethics education, and take necessary measures against those who have failed to undergo operation and ethics education pursuant to Article 93 (1) of the Act.
SECTION 2 Management Rules, etc.
 Article 19 (Standing Rules of Management Rules)
(1) The standing rules of the management rules (hereinafter referred to as "standing rules of the management rules") under Article 18 (1) of the Act shall include the following. In such cases, the standing rules of the management rules shall not include any matters that infringe upon the fundamental rights of non-occupants, etc.: <Amended by Presidential Decree No. 27780, Jan. 10, 2017; Presidential Decree No. 28247, Aug. 16, 2017>
1. Rights and obligations (including obligations under paragraph (2)) of occupants, etc.;
2. Formation and operation of the council of occupants' representatives and obligations and responsibility of the members thereof;
3. Matters concerning electoral districts and procedures for the election of, and grounds, procedures, etc. for dismissal of representatives from each building;
4. Matters concerning the formation, operation, affairs and expenses of the election committee, and the appointment, dismissal, term of office, etc. of members of the election committee;
5. Matters concerning procedures for convening meetings of the council of occupants' representatives, grounds, procedures, etc, for the dismissal of executive officers;
6. Uses and the amount spent of operating expenses (including expenses incurred in attending lectures in operation and ethics education) of the council of occupants' representatives under Article 23 (3) 8;
7. Formation and operation of an autonomous management body, and requirements for qualification, personnel management, remuneration and responsibility of the head of the management office and employees belonging thereto;
8. Matters concerning kinds of data prepared and stored by the council of occupants' representatives or the management entity, the method of perusing such data, etc.;
9. Matters concerning an entrusted management contract;
10. Criteria for consent of the management entity to activities under the subparagraphs of paragraph (2);
11. Methods of management and operation of maintenance fees on deposit under Article 24 (1) of the Act;
12. Methods of calculation of amounts of management expenses, etc. borne by each household, and procedures for collecting, keeping, depositing and using maintenance fees, etc. under the provisions of Article 23 (1) through (5);
13. Measures to be taken against persons who have failed to pay maintenance fees, etc. and the imposition of additional dues under the provisions of Article 23 (1) through (5);
14. Percentage of and procedures for using reserves for long-term repairs;
15. Matters concerning accounting management and financial audits;
16. Responsibility and obligations of executive officers and employees related to accounting (including matters concerning financial guarantee);
17. Procedures for awarding contracts for various construction works and services and purchasing goods;
18. Uses of and procedures for using income accruing from management, etc.;
19. Responsibility for management and apportioning expenses for multi-family housing;
20. Measures against persons who violate the management rules and persons who violate order of community life;
21. Criteria for selecting the following lessees in relation to a rental agreement for a day care center of multi-family housing (including a lease without compensation to a local government). In such cases, the criteria therefor shall correspond to criteria for the entrusted selection of a national or public day care center under the latter part of Article 24 (2) of the Infant Care Act:
(a) Qualification to apply for a lessee;
(b) Criteria for examination to select a lessee;
(c) Percentage of occupants, etc. who should give consent to the leasing of a day care center among the occupants, etc. who use a day care center;
(d) Rent and the rental period;
(e) Other matters necessary for the appropriate renting of a day care center;
22. Matters concerning noise from human activities of occupants in upper living spaces of multi-family housing;
23. Matters concerning methods or procedures following the entrustment of communal facilities for inhabitants;
23-2. The following standards for where occupants, etc. of neighboring multi-family housing complexes are permitted to use communal facilities for inhabitants pursuant to Article 29-2:
(a) Percentage of occupants, etc. who should give consent to permission among the occupants, etc.;
(b) Range of users;
(c) Other matters necessary for occupants, etc. of neighboring multi-family housing complexes to use communal facilities for inhabitants;
24. Matters concerning managing a mixed housing complex;
25. Matters concerning methods for verifying identity in electronic voting;
26. Matters concerning revitalizing community life;
27. Following standards for an agreement, etc. to lease parking spaces of multi-family housing:
(a) In cases of an agreement to lease parking spaces for car-sharing under 33 (1) 4 of the Urban Traffic Improvement Promotion Act:
i) Percentage of persons who consent to the lease of parking spaces among occupants, etc.;
ii) Number of parking spaces that may be leased and the locations thereof;
iii) Range of users;
iv) Other matters necessary for the appropriate leasing of parking spaces;
(b) Where the parking lot of multi-family housing is opened to persons other than occupants, etc. through the method in which a local government directly operates and manages the parking lot or a local public corporation established pursuant to Article 76 of the Local Public Enterprises Act operates and manages the parking lot in accordance with an agreement entered into by and between the local government and the council of occupants' representatives:
i) Percentage of persons who consent to the opening of the parking lot among occupants, etc.;
ii) Number of parking spaces that may be opened and the locations thereof;
iii) Opening hours of the parking lot;
iv) Other matters necessary for the appropriate opening of the parking lot;
(c) and (d) Deleted. <by Presidential Decree No. 28247, Aug. 16, 2017>
28. Other matters necessary for managing multi-family housing.
(2) Where an occupant, etc. intends to engage in any of the following activities, he/she shall obtain consent of the management entity: <Amended by Presidential Decree No. 27780, Jan. 10, 2017>
1. Enlarging or removing a structure or equipment in a house, a minor act under Article 35 (1) 3 of the Act;
2. Interfering with passage, evacuation and fire-fighting by stockpiling goods in common areas to the extent not violating Article 10 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems;
3. Sticking advertisements, signs or marks on multi-family housing;
4. Causing inconvenience to common residential life by raising a domesticated animal (excluding an assistance dog) or using a broadcasting facility, etc.;
5. Installing a projection on a handrail of a balcony or outer wall of multi-family housing;
6. Accessing an electrical room, mechanical room, septic systems, etc.;
7. Attaching an automobile radio-frequency identification device (referring to a RFID tag) around a socket for the use of portable chargers for electric vehicles under subparagraph 3 of Article 2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles.
(3) Notwithstanding paragraph (2) 5, in cases of multi-family housing where space in which a ventilation device of an air-conditioning system may be installed is provided in an individual unit pursuant to the main sentence of Article 37 (5) of the Regulations concerning Housing Building Standards, etc., no occupant, etc. shall install a projection to install a ventilation device of an air-conditioning system. <Amended by Presidential Decree No. 27555, Oct. 25, 2016>
 Article 20 (Enactment, etc. of Management Rules)
(1) Where the business entity enters into a contract for management with prospective occupants, it shall propose a draft of the enacted management rules: Provided, That where the business entity intends to enter into a rental agreement on a child care center of multi-family housing before the council of occupants' representatives is formed pursuant to Article 29-3, it may propose a draft of the enacted management rules three months before the date occupancy commences. <Newly Inserted by Presidential Decree No. 28247, Aug. 16, 2017>
(2) The first management rules after the sale of multi-family housing under Article 18 (2) of the Act shall be determined through the method in which a majority of the prospective occupants gives consent in writing to the details thereof proposed by the business entity pursuant to paragraph (1). <Amended by Presidential Decree No. 28247, Aug. 16, 2017>
(3) In cases under paragraph (2), the management entity shall publicly announce the content of its proposal on the website of the relevant multi-family housing [where it does not have the website, referring to a website with a similar function (limited to where the management entity operates and controls) provided by an online portal, the management office, bulletin board, etc. of the relevant multi-family housing; hereinafter the same shall apply]; and shall notify individual prospective occupants of the content of its proposal. <Amended by Presidential Decree No. 28247, Aug. 16, 2017>
(4) Where occupants, etc. intend to amend the management rules pursuant to Article 18 (3) of the Act, they shall determine the amendment of the management rules in accordance with methods under the subparagraphs of Article 3 after making a public announcement and giving notification under the method under paragraph (3) of a proposed amendment stating the following: <Amended by Presidential Decree No. 28247, Aug. 16, 2017>
1. Purpose of amending the same;
2. Details of the proposed amendment to the management rules;
3. Details of the proposed amendment to the standing rules of the management rules.
(5) The management entity of multi-family housing shall retain the management rules and comply with requests of occupants, etc. for permission to peruse or to reproduce at their own expenses. <Amended by Presidential Decree No. 28247, Aug. 16, 2017>
 Article 21 (Reporting of Enactment of, Amendment to, etc. Management Rules)
The chairperson of the council of occupants' representatives (in cases of the enactment of the management rules, referring to the management entity) who intends to make a report under Article 19 of the Act shall submit a report to the head of a Si/Gun/Gu within 30 days from the date the management rules are enacted or amended, or the council of occupants' representatives is formed or altered.
 Article 22 (Decision-Making of Occupants, etc. by Electronic Means)
(1) Where occupants, etc. exercise voting rights by electronic means (hereinafter referred to as "electronic voting") pursuant to Article 22 of the Act, they shall identify themselves by any of the following means:
1. Means of verifying identity provided by the identity verification service under Article 23-3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., such as identity verification via a mobile phone;
2. Means of verifying identity through an authorized electronic certificate under subparagraph 3 of Article 2 of the Digital Signature Act or through a digital certificate under subparagraph 8 of Article 2 of the aforesaid Act;
3. Where procedures for identification, such as the submission of electronic documents under subparagraph1 of Article 2 of the Framework Act on Electronic Documents and Transactions, are prescribed by the management rules, means of identification in accordance with such procedures.
(2) Where the management entity, the council of occupants' representatives or the election committee intends to implement electronic voting pursuant to paragraph (1), it shall notify occupants, etc. of the following in advance:
1. How to cast votes electronically;
2. Period for electronic voting;
3. Other technical matters necessary for the implementation of electronic voting.
CHAPTER IV MAINTENANCE FEES AND ACCOUNTING
 Article 23 (Maintenance Fees, etc.)
(1) Management expenses under Articles 23 of the Act shall be the aggregate of monthly amounts of the following items, and details of each item shall be as specified in attached Table 2:
1. General administrative expense;
2. Cleaning expense;
3. Security guard expense;
4. Disinfection expense;
5. Elevator maintenance expense;
6. Expense for maintaining intelligent home network system;
7. Heating expenses (in cases of multi-family housing where a meter, etc. measuring the quantity of heat is installed pursuant to Article 37 of the Regulations concerning Standards for Construction of Housing, referring to the heating expenses calculated in accordance with the measurement thereof);
8. Expense for hot water supply;
9. Maintenance and repairs expense (including expenses for cleaning of heating and air conditioning systems);
10. Entrusted management expenses.
(2) The management entity shall collect the following expenses separate from management expenses under paragraph (1):
1. Reserves for long-term repairs;
2. Expenses incurred in conducting safety inspections under the proviso to Article 40 (2).
(3) "User fees, etc. prescribed by Presidential Decree" provided in Article 23 (3) of the Act shall mean the following user fees, etc.:
1. Electricity charges (including electricity charges of facilities used in common);
2. Water charges (including charges for water used in common):
3. Gas charges;
4. Heating expenses and expense for hot water supply to multi-family housing in a district heating system;
5. Septic waste fee;
6. Household waste disposal fees;
7. Insurance premiums covering all buildings in a multi-family housing complex;
8. Operating expenses of the council of occupants' representatives;
9. Operating expenses of the election committee.
(4) The Management entity may impose user fees of public facilities, such as communal facilities for inhabitants and hoists, on users of the relevant facilities. In such cases, where the management of communal facilities for inhabitants has been entrusted pursuant to Article 29, user fees of communal facilities for inhabitants shall be imposed and collected after fixing user fees to the extent of fees following the entrustment of communal facilities for inhabitants and expenses incurred in managing communal facilities for inhabitants. <Amended by Presidential Decree No. 27780, Jan. 10, 2017>
(5) Where a facility that requires repairs (including a facility leaking water leaks) is provided for common use of at least two households, the management entity may directly make repairs and separately impose expenses incurred in making repairs on the relevant occupants, etc.
(6) Where the management entity imposes consolidated maintenance fees, etc. under the provisions of paragraphs (1) through (5), it shall notify occupants, etc, of its revenue and details of the disbursement arranged for easy understanding.
(7) The management entity shall deposit and manage maintenance fees, etc. under the provisions of paragraphs (1) through (5), in a financial institution designated by the council of occupants' representatives among the following financial institutions, and deposit and manage reserves for long-term repairs in a separate account. In such cases, for the bank accounts, the management entity may have the seal impression of the chairperson of the council of occupants' representatives registered in addition to the official seal of the head of the management office under Article 64 (5) of the Act:
1. A bank under the Banking Act;
2. The Industrial Bank of Korea under the Industrial Bank of Korea Act;
3. A mutual savings bank under the Mutual Savings Banks Act;
4. An insurance company under the Insurance Business Act;
5. Institutions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which provide financial services pursuant to other Acts.
(8) Upon imposing maintenance fees, etc. under the provisions of paragraphs (1) through (5) on occupants, etc., a management entity shall publish the details thereof (referring to the amount used in relation to paragraphs (1) 7 and 8, and (3) 1 through 4, and reserves for long-term repairs shall include the percentage to be retained and the amount used, respectively) on the website of the relevant multi-family housing complex and the multi-family housing management information system (hereinafter referred to as "multi-family housing management information system") under Article 88 (1) of the Act by the end of the following month. Even in cases of miscellaneous income (referring to income generated incidentally in the management of multi-family housing, such as income from the sale of recycled products and user fees of welfare facilities; hereinafter the same shall apply), the details thereof shall be published in the same manner.
 Article 24 (Collection of Maintenance Fees on Deposit)
Where the business entity directly manages multi-family housing pursuant to Article 11 (1) of the Act until a majority of prospective occupants move into multi-family housing, it shall enter into a management contract with prospective occupants, and it may collect maintenance fees on deposit under Article 24 (1) of the Act in accordance with the management contract.
 Article 25 (Selection of Contractors for Disbursement of Maintenance Fees, etc.)
(1) The management entity or the council of occupants' representatives shall select contractors (including the concluding contracts; hereafter in this Article, the same shall apply) and perform work in accordance with the following classification pursuant to Article 25 of the Act: <Amended by Presidential Decree No. 27780, Jan. 10, 2017>
1. The following, for which the management entity selects contractors and which it performs:
(a) Services for cleaning, security guard, disinfection, maintenance of elevators, intelligent home networks, maintenance and repairs (including cleaning of heating and air conditioning systems) and construction;
(b) Matters prescribed and announced by the Minister of Land, infrastructure and Transport, such as the entrustment of communal facilities for inhabitants, the purchase and sale of goods, the acquisition of miscellaneous income (excluding the acquisition of miscellaneous income following the renting of a day care center of multi-family housing);
2. The following for which the council of occupants' representatives selects contractors and which it performs:
(a) Repair works using the security deposit for repairing defects under Article 38 (1) of the Act;
(b) Repair works using expenses for repairing defects in common areas of multi-family housing paid by the business entity;
3. The following for which the council of occupants' representatives selects contractors and which the management entity performs:
(a) Construction works using reserves for long-term repairs;
(b) Services for electrical safety management (referring to where the management entity entrusts affairs concerning the safety management of electrical installations or requires a contractor to conduct such affairs on its behalf).
(2) Article 5 (1) shall apply mutatis mutandis to electronic bidding methods under subparagraph 1 of Article 25 of the Act.
(3) "Methods prescribed by Presidential Decree, such as bidding methods" provided in subparagraph 2 of Article 25 of the Act shall mean the following methods: <Amended by Presidential Decree No. 28247, Aug. 16, 2017>
1. Bidding shall be competitive bidding, except in cases prescribed and announced by the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall prescribe and announce the following:
(a) Bidding procedures;
(b) Qualification for participation in bidding;
(c) Validity of bids;
(d) Other matters necessary for the appropriate selection of a business operator;
2. Where an auditor of the council of occupants' representatives wishes to witness the bidding process, he/she shall be allowed to witness the bidding process.
(4) Where services provided by an existing contractor (applicable to a service provider only; hereafter in this paragraph, the same shall apply) are unsatisfactory, occupants, etc. may request the management entity or the council of occupants' representatives, to restrict the participation of the existing contractor in the bidding for the selection of a new contractor with the consent of a majority of all the occupants, etc. in writing. In such cases, the management entity or the council of occupants' representatives shall comply with such request.
 Article 26 (Formulation, etc. of Business Plan and Budget Proposal for Maintenance Fees, etc.)
(1) The management entity of multi-family housing subject to compulsory management shall submit a business plan and budget proposal for maintenance fees, etc. for the following fiscal year to the council of occupants' representatives and obtain its approval by no later than one month prior to the beginning of every fiscal year, and where any approved matters are amended, it shall obtain approval for alterations.
(2) The management entity that takes over affairs concerning the management of multi-family housing from the business entity pursuant to Article 10 (1) shall immediately formulate a business plan and budget proposal for the period until the following fiscal year begins, and obtain approval for the business plan and budget proposal from the council of occupants' representatives: Provided, That where the council of occupants' representatives passes a resolution, where the period until the following fiscal year begins is less than three months, the foregoing may be omitted.
(3) The management entity of multi-family housing subject to compulsory management shall prepare an annual report and settlement of accounts for each fiscal year and submit them to the council of occupants' representatives within two months from the end of the fiscal year.
 Article 27 (Financial Audits on Accounts of Management Entity)
(1) Where the management entity of multi-family housing that should undergo a financial audit pursuant to Article 26 (1) or (2) of the Act, it shall undergo the financial audit of the following financial statements within nine months from the end of each fiscal year:
1. A statement of financial position;
2. An operating review;
3. A statement of disposal of the retained earnings (or a statement of write-off);
4. Annotations.
(2) The Minister of Land, Infrastructure and Transport shall prescribe and announce accounting standards in accordance with which financial statements under paragraph (1) are prepared.
(3) The Minister of Land, Infrastructure and Transport may entrust affairs concerning the enactment or amendment of accounting standards under paragraph (2) to an outside specialized institution.
(4) A financial audit under paragraph (1) shall be conducted in accordance with auditing standards established in consideration of the characteristics of accounting of multi-family housing.
(5) The Korean Institute of Certified Public Accountants under Article 41 of the Certified Public Account Act shall formulate auditing standards under paragraph (4), and obtain approval for auditing standards from the Minister of Land, Infrastructure and Transport.
(6) An auditor shall submit an auditor's report to the management entity within one month from the date it undergoes a financial audit pursuant to paragraph (1).
(7) The council of occupants' representatives may request an auditor under Article 26 (1) of the Act to provide explanations on an auditor's report.
(8) Matters necessary for the smooth performance, etc. of financial audit of accounts of multi-family housing shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 28 (Scope of Information Subject to Perusal)
(1) "Information prescribed by Presidential Decree" provided in the main sentence of Article 27 (2) of the Act shall mean a business plan, budget proposal, annual report and settlement of accounts of maintenance fees, etc. under Article 26.
(2) The management entity shall publish the following on the website of the multi-family housing complex or notify individual occupants, etc. of the following: Provided, That it shall not publish matters, such as details of use by each household of occupant, etc. and the building number and unit number of those in arrears, which are likely to infringe upon fundamental rights:
1. Convocation of the council of occupants' representatives and matters determined at the meetings thereof;
2. Details of maintenance fees imposed (referring to the details of calculation of each item of maintenance fees, user fees, rental fees, etc. under Article 23 (1) through (4)) and details of arrears;
3. Management rules and the status of a long-term repair plan and a safety management plan;
4. Status of the implementation of important affairs, such as the result of taking measures on matters proposed by occupants, etc.;
5. Matters concerning the election of representatives from each building and members of the council of occupants' representatives;
6. Matters concerning the organization of the management entity and the management body of multi-family housing.
 Article 29 (Entrusted Operation of Communal Facilities for Inhabitants)
(1) The management entity may operate communal facilities for inhabitants by entrusting the operation thereof to a person who is not the management entity to the extent that the entrusted operation does not interfere with the use of the communal facilities for inhabitants by occupants, etc. <Amended by Presidential Decree No. 27780, Jan. 10, 2017>
(2) Where the management entity intends to entrust the operation of communal facilities for inhabitants pursuant to paragraph (1), it shall undergo procedures classified as follows. The foregoing shall also apply where the management entity makes changes to whether to entrust the communal facilities for inhabitants: <Amended by Presidential Decree No. 27780, Jan. 10, 2017>
1. In cases of multi-family housing excluding constructed rental housing among multi-family housing constructed after obtaining approval of a business plan under Article 15 of the Housing Act, the management entity shall make a proposal through any of the following methods and obtain the consent of a majority of the occupants, etc.:
(a) A resolution adopted by the council of occupants' representatives;
(b) A request made by at least ten percent of the occupants, etc.;
2. In cases of rental housing constructed after obtaining approval of a business plan under Article 15 of the Housing Act, the management entity shall make a proposal through any of the following methods and obtain the consent of a majority of the lessees:
(a) A request made by a rental business operator;
(b) A request made by at least ten percent of the lessees;
3. In cases of a building which consists of housing and facilities other than housing built compositely in the same building after obtaining a building permit under Article 11 of the Building Act, the management entity shall make a proposal through any of the following methods and obtain the consent of a majority of the occupants, etc.:
(a) A resolution adopted by the council of occupants' representatives;
(b) A request made by at least ten percent of the occupants, etc.
 Article 29-2 (Permission to Occupants, etc. of Neighboring Multi-Family Housing Complexes to Use Communal Facilities for Inhabitants)
(1) The management entity may permit occupants, etc. of neighboring multi-family housing complexes to use communal facilities for inhabitants to the extent of not interfering with the use of occupants, etc. In such cases, it shall not operate communal facilities for inhabitants for the purpose of making money.
(2) Where the management entity intends to permit occupants, etc. of neighboring multi-family housing complexes to use communal facilities for inhabitants pursuant to paragraph (1), it shall follow procedures classified as follows. The foregoing shall also apply where it alters whether to grant permission:
1. In cases of multi-family housing excluding constructed rental housing among multi-family housing constructed after obtaining approval for a business plan under Article 15 of the Housing Act, the management entity shall make a proposal through any of the following methods and obtain the consent of occupants, etc. at least the percentage prescribed by the management rules by a majority:
(a) A resolution adopted by the council of occupants' representatives;
(b) A request made by at least ten percent of the occupants, etc.;
2. In cases of rental housing constructed after obtaining approval of a business plan under Article 15 of the Housing Act, the management entity shall make a proposal through methods any of the following methods and obtain the consent of lessees at least the percentage prescribed by the management rules by a majority:
(a) A request made by a rental business operator;
(b) A request made by at least ten percent of the lessees;
3. In cases of a building which consists of housing and facilities other than housing built compositely in the same building after obtaining a building permit under Article 11 of the Building Act, the management entity shall make a proposal through any of the following methods and obtain the consent of occupants, etc. at least the percentage prescribed by the management rules by a majority:
(a) A resolution adopted by the council of occupants' representatives;
(b) A request made by at least ten percent of the occupants, etc.
[This Article Newly Inserted by Presidential Decree No. 27780, Jan. 10, 2017]
 Article 29-3 (Conclusion of Agreement to Lease Child Care Center by Business Entity)
(1) Where the head of a Si/Gun/Gu deems the conclusion of an agreement to lease a child care center necessary before the council of occupants' representatives is formed, he/she may require the business entity to enter into an agreement to lease a child care center with the consent of a majority of the prospective occupants.
(2) Where the business entity intends to enter into an agreement to lease a child care center pursuant to paragraph (1), it shall publicly announce the details thereof on the website of the relevant multi-family housing complex and notify each prospective customer of the details thereof.
(3) Where the business entity enters into an agreement to lease a child care center pursuant to paragraph (1), it shall enter into the agreement to lease the child care center in accordance with standards for the selection of a lessee of a child care center provided for in the management rules. In such cases, matters under Article 19 (1) 21 (c) of the management rules shall not apply.
[This Article Newly Inserted by Presidential Decree No. 28247, Aug. 16, 2017]
CHAPTER V FACILITY MANAGEMENT AND PERMISSION TO PERFORM ACTIVITIES
 Article 30 (Formulation of Long-Term Repair Plan)
A person who formulates a long-term repair plan pursuant to Article 29 (1) of the Act shall formulate a long-term repair plan in accordance with standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, he/she shall consider the cost of construction of the relevant multi-family housing.
 Article 31 (Accumulation, etc. of Reserves for Long-Term Repairs)
(1) A percentage of reserves for long-term repairs shall be prescribed by the management rules in consideration of the durability of common areas of the relevant multi-family housing.
(2) Notwithstanding paragraph (1), a percentage of reserves for long-term repairs before the transfer of managerial affairs after constructed rental housing is converted into housing for sale in lots shall be as specified in a percentage of accumulation of reserves for special repairs under Article 43 (3) of the Enforcement Decree of the Special Act on Private Rental Housing or Article 57 (4) of the Enforcement Decree of the Special Act on Public Housing.
(3) The amount of reserves to be accumulated for long-term repairs shall be determined by a long-term repair plan. In such cases, where the Minister of Land, Infrastructure and Transport establishes and publicly notifies standards for the minimum amount of accumulation for the planned replacement and repair of important facilities, the amount of accumulation of reserves for long-term repairs shall meet standards for the minimum amount of accumulation.
(4) The management entity shall formulate a plan to use reserves for long-term repairs, which include the following in accordance with a long-term repair plan, and use reserves for long-term repairs following a resolution of the council of occupants' representatives pursuant to Article 30 (4) of the Act:
1. Description of repair works (referring to repairs, replacement and improvement of common areas of multi-family housing) and the details of works;
2. Location and part of facilities subject to repair works;
3. Design drawings, etc. of repair works;
4. Period and method of repair works;
5. Scope of repair works and the estimated amount of repair works;
6. Method, procedures, etc. for awarding a contract for repair works.
(5) Reserves for long-term repairs shall be accumulated every month from the month to which the date one year elapses from the dates classified as follows, on the relevant multi-family housing belongs: Provided, That in cases of multi-family housing converted to housing for sale in lots from constructed rental housing, reserves for long-term repairs shall be accumulated from the month to which the date a rental business operator transfers affairs concerning the management of multi-family housing to the management entity belongs:
1. Date the business entity undergoes a pre-use inspection under Article 49 of the Housing Act (where the business entity obtains approval for temporary use under Article 49 on all multi-family housing units in a multi-family housing complex, referring to approval for temporary use);
2. Date the business entity obtains approval for use under Article 22 of the Building Act (where the business entity obtains approval for temporary use under Article 22 on all multi-family housing units in a multi-family housing complex, referring to approval for temporary use).
(6) The business entity shall pay money for reserves for long-term repairs for housing units not sold in lots among multi-family housing.
(7) Where a user pays money for reserves for long-term repairs on behalf of an owner of a multi-family housing unit, the owner thereof shall refund the money to the user.
(8) Where a user of a multi-family housing unit requests the management entity to verify that he/she has paid money for reserves for long-term repairs, the management entity shall immediately issue a written confirmation to him/her.
 Article 32 (Keeping Custody, etc. of Specifications and Drawings)
(1) The management entity of multi-family housing subject to compulsory management shall record, keep and maintain documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to Article 31 of the Act.
(2) Where the management entity of multi-family housing subject to compulsory management replaces, maintains and repairs facilities, and repairs defects in the facilities associated with common areas pursuant to Article 31 of the Act, he/she shall update the history of the results for each facility and register the results therefor on the multi-family housing management information system.
 Article 33 (Safety Management Plan for Facilities)
(1) The management entity of multi-family housing subject to compulsory management shall formulate a safety management plan for the following facilities pursuant to Article 32 (1) of the Act:
1. High-pressure gas, liquified petroleum gas and city gas facilities;
2. Central heating system;
3. Electrical generation and substation;
4. Dangerous goods storage facilities;
5. Fire-fighting system;
6. Elevators and hoists;
7. Briquette gas exhausters;
8. Other facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) A safety management plan under paragraph (1) shall include the following:
1. The person in charge of safety management of each facility and matters to be inspected by the person in charge of safety management;
2. Standards for safety management of facilities and matters to be examined prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
3. Necessary measures, such as restrictions on the use or repair of facilities deemed dangerous, as a result of inspection and examination under subparagraphs 1 and 2;
4. Matters concerning adjusting a safety management plan formulated;
5. Other matters necessary for the safety management of facilities.
 Article 34 (Safety Inspection of Multi-Family Housing)
(1) The management entity of multi-family housing subject to compulsory management shall conduct a safety inspection under Article 33 (1) of the Act every six months.
(2) "Multi-family housing with 15 or less stories prescribed by Presidential Decree" provided in the proviso to Article 33 (1) shall mean the following multi-family housing consisting of not more than 15 stories:
1. Multi-family housing where 30 years have passed from the date of inspection for use;
2. Multi-family housing of which safety rating under Article 34-2 (1) of the Enforcement Decree of the Framework Act on the Management of Disasters and Safety is Grade C, D or E.
(3) "Persons prescribed by Presidential Decree" in the proviso to Article 33 (1) of the Act means any of the following persons:
1. A person who is a managerial employee of the relevant multi-family housing complex, who is a chief technician under Article 7 of the Enforcement Decree of the Special Act on the Safety Control of Establishments;
2. A person who is assigned as the head of the management office or who is a managerial employee of the relevant multi-family housing complex among those who have completed safety inspection education under Article 7 of the Enforcement Decree of the Special Act on the Safety Control of Public Structures at an educational institution prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport after they became housing managers, etc.;
3. An institution specialized in safety inspection registered pursuant to Article 9 of the Special Act on the Safety Control of Establishments;
4. A maintenance and management service provider registered with the Minister of Land, Infrastructure and Transport pursuant to Article 9 of the Framework Act on the Construction Industry.
(4) An institution that has conducted safety inspection education under paragraph (3) 2 shall immediately notify an organization of housing managers under Article 81 (1) of the Act of a list of persons who have completed education.
(5) Where damage or injury is likely to occur because of low level of safety in the structure and facilities of a building, found in the course of a safety inspection, the management entity shall report the following to the head of a Si/Gun/Gu and take measures based on the matters reported pursuant to Article 33 (2) of the Act:
1. Structure or facilities subject to inspection;
2. Level of vulnerability;
3. Details of damage or injury that may occur;
4. Measures the management entity should take.
(6) The head of a Si/Gun/Gu shall manage multi-family housing on which he/she receives a report under paragraph (5), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 35 (Criteria, etc. for Permission to Perform Activities)
(1) Criteria for permission to perform or report activities under the subparagraphs of Article 35 (1) of the Act shall be as specified in attached Table 3.
(2) "Activities prescribed by Presidential Decree" in Article 35 (1) 4 of the Act means the following activities:
1. Disusing multi-family housing;
2. Reconstructing and removing non-load-bearing walls of multi-family housing.
(3) A person who intends to obtain permission or make a report pursuant to Article 35 (1) of the Act shall submit an application for permission or a report to the head of a Si/Gun/Gu along with documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) Basements of multi-family housing may be utilized as communal facilities for inhabitants. In such cases, the management entity shall maintain and manage the basements thereof to be useable as evacuation facilities. <Amended by Presidential Decree No. 27780, Jan. 10, 2017>
CHAPTER VI WARRANTY LIABILITY FOR DEFECTS AND MEDIATION TO SETTLE DISPUTES ABOUT DEFECTS
SECTION 1 Warranty Liability for Defects and Repair of Defects
 Article 36 (Period for Warranty Liability)
(1) Periods for warranty liability (hereinafter referred to as "period for warranty liability") for each load-bearing structure and construction of each facility of multi-family housing under Article 36 (2) of the Act shall be as follows:
1. Period for warranty liability for defects in each load-bearing structure (referring to the important structure of a building under Article 2 (1) 7 of the Building Act; hereinafter the same shall apply): Ten years;
2. Periods of warranty liability for defects in the construction of each facility: The periods under attached Table 4.
(2) Where the business entity (including the construction owner who has constructed multi-family housing for the purpose of sale in lots after having obtained a building permit under Article 11 of the Building Act; hereafter in this Article, the same shall apply) delivers each area for exclusive use of the relevant multi-family housing to occupants, it shall prepare a certificate of delivery of housing and issue such certificate to the management entity (where the relevant multi-family housing is not multi-family housing subject to compulsory management, referring to a custodian under the Act on Ownership and Management of Condominium Buildings; hereafter in this Article, the same shall apply), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the management entity shall publish the date of delivery of the areas for exclusive use in the multi-family housing management information system within 30 days.
(3) Where there are households for which the status of the dates of delivery under Article 10 (4) 5 is omitted in a written transfer and takeover under Article 10 (4) due to housing units remaining unsold, the business entity shall transfer the status of the dates of delivery to the management entity within 15 days from the respective dates of delivery of housing units.
 Article 37 (Range of Defects)
The range of defects under Article 36 (3) of the Act shall be classified as follows:
1. Defects in each load-bearing structure, any of the following cases:
(a) Where all or some of structures of multi-family housing collapse;
(b) Where a defect, such as a crack or subsidence, to the extent of causing or being likely to cause a hazard in the structure safety of multi-family housing is discovered.
2. Defects in the construction of each facility: Where a defect causing interference with the safety, function or external appearance of a building or structure is discovered because a crack, sag, torsion, coming undone, subsidence, damage, collapse, water leakage, leakage, falling off, improper operation or malfunction, improper adhesion, ground or wiring, withering to death or an improper statue is discovered due to errors in construction.
 Article 38 (Procedures for Repairing Defects)
(1) Where defects are discovered in multi-family housing, the council of occupants' representatives, etc. (referring to a person falling under any of the subparagraphs of Article 37 (1) of the Act; hereafter in this Chapter, the same shall apply) shall request the business entity (referring to the business entity under the proviso to Article 37 (1) of the Act; hereafter in this Chapter, the same shall apply) to repair such defects within the period for warranty liability pursuant to the latter part of Article 37 (1) of the Act.
(2) Persons classified as follows shall request the business entity to repair defects under paragraph (1). In such cases, occupants may require the management entity under subparagraph 2 (b) to request the business entity to repair a defects in the areas for exclusive use on their behalf, and may require a person falling under any of the items of subparagraph 2 to request the business entity to repair defects in the common areas on their behalf:
1. Areas for exclusive use: Occupants;
2. Common areas: Any of the following persons:
(a) Council of occupants' representatives;
(b) Management entity (referring to the management entity that requests the business entity to repair defects on behalf of occupants or the council of occupants' representatives);
(3) The business entity shall repair defects within 15 days from the date it receives a request for repairing the defects pursuant to paragraph (1) (where the business entity receives notification of the results of the examination of defects pursuant to the latter part of Article 48 (1) of the Act, referring to the date it receives such notification), or notify the council of occupants' representatives, etc. of a written plan (including electronic documents using the information processing system under subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions) to repair defects specifying the following (hereinafter referred to as "plan to repair defects"), and repair defects in accordance with such plan: Provided, That where it does not determine that an item is a defect, it shall notify the grounds therefor in writing:
1. Parts in which defects are discovered, methods for making repairs, and the period for time required to make repairs;
2. Name and contact details of a person in charge;
3. Other matters necessary to make repairs.
(4) The business entity that has repaired defects pursuant to paragraph (3) shall notify the council of occupants' representatives that requested the business entity to repair defects of the result of the repairs thereof immediately after it completes the repair of defects.
 Article 39 (Expiration of Warranty Liability)
(1) The business entity shall notify the council of occupants' representatives of the relevant multi-family housing (where the relevant multi-family housing is not multi-family housing subject to compulsory management, referring to the management body under the Act on Ownership and Management of Condominium Buildings; hereafter in this Chapter, the same shall apply) of the expected expiration date of the period for warranty liability no later than 30 days prior to the expiration of the period for warranty liability in writing. In such cases, the business entity shall also notify the following:
1. Where the council of occupants' representatives, etc. has requested the business entity to repair defects pursuant to Article 38, details of the completion of the repair of defects;
2. Fact that the right to request the business entity to repair defects will lapse unless the council of occupants' representatives, etc. requests the business entity to repair defects within the period for warranty liability.
(2) The council of occupants' representatives that has received notification under paragraph (1) shall take measures classified as follows:
1. Measures on the areas for exclusive use: The council of occupants' representatives shall give individual notification to occupants that they are required to request the business entity to repair defects by the date the period for warranty liability expires, and post the notice on a readily visible bulletin board in the multi-family housing complex.
2. Measures on the common areas: The council of occupants' representatives shall request the business entity to repair defects by the date the period for warranty liability expires.
(3) The business entity shall immediately repair defects it has been requested to repair pursuant to paragraph (2) and give the council of occupants' representatives etc. of the written notice of the repair thereof: Provided, That where it does not determine that an item is a defect, it shall notify the council of occupants' representatives, etc. of the grounds therefor in writing.
(4) The council of occupants' representatives etc. that has received notification of the result of repairs pursuant to the main sentence of paragraph (3) may file an objection with the business entity in writing, specifying grounds for filing the objection, within 30 days from the date it receives notification. In such cases, where the details of the objection are appropriate, the business entity shall immediately repair defects.
(5) Where defect repair is completed, the business entity and a person classified as follows shall jointly prepare a written confirmation of the expiration of warranty liability. In such cases, they shall not prepare a written confirmation of the expiration of warranty liability before the period for warranty liability expires:
1. Areas for exclusive use: Occupants;
2. Common areas: The chairperson of the council of occupants' representatives (where multi-family housing is not multi-family housing subject to compulsory management, referring to a custodian under the Act on Ownership and Management of Condominium Buildings; hereinafter the same shall apply).
(6) Where the chairperson of the council of occupants' representatives intends to prepare a written confirmation of the expiration of warranty liability for the common areas pursuant to paragraph (5), he/she shall follow each of the following procedures. In such cases, where at least one-fifth of all occupants have an objection in writing, the council of occupants' representatives shall not pass a resolution under subparagraph 2:
1. He/she shall give individual notifications of the following to occupants and post the notice on the bulletin board in the multi-family housing complex to hear their opinions for at least 20 days:
(a) Fact that the period for warranty liability has expired;
(b) Details of the repair of defects completed;
(c) Fact that occupants may raise an objection to the verification as to the expiration of warranty liability, the period for raising an objection, a written objection.
2. Resolutions adopted by the council of occupants' representatives.
 Article 40 (Safety Inspection of Load-Bearing Structure)
(1) Where the head of a Si/Gun/Gu deems that there are serious defects in the structural safety of multi-family housing pursuant to Article 37 (3) of the Act, he/she may entrust the safety inspection of the relevant multi-family housing to any of the following institutions or organizations:
1. The Korea Institute of Civil Engineering and Building Technology (hereinafter referred to as the "Korea Institute of Civil Engineering and Building Technology") under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.;
2. The Korea Infrastructure Safety and Technology Corporation (hereinafter referred to as the "Korea Infrastructure Safety and Technology Corporation") under Article 25 of the Special Act on the Safety Control of Establishments;
3. The Korea Institute of Registered Architects established pursuant to Article 31 of the Certified Architects Act;
4. A research institute (limited to a permanent institute) annexed to a university or polytechnic university under subparagraph 1 or 2 of Article 2 of the Higher Education Act;
5. An institution specialized in safety inspection in the field of construction (hereinafter referred to as "institution specialized in safety inspection in the field of construction") under Article 11 (3) of the Enforcement Decree of the Special Act on the Safety Control of Public Structures;
(2) The business entity shall bear expenses incurred in conducting a safety inspection under paragraph (1): Provided, That where a defect is caused by a person other than the business entity, the person shall bear such expenses.
 Article 41 (Making and Keeping Custody of Security Deposit for Repairing Defects)
(1) The business entity (where a rental business operator intends to convert constructed rental housing to housing for sale in lots, referring to such rental business operator; hereafter in this Article, the same shall apply) shall provide a security deposit for repairing defects in a bank (referring to the bank under the Banking Act) in cash or purchase a bond that guarantees the payment of a security deposit for repairing defects, which is a guarantee provided by any of the following persons. In such cases, such security deposit or guarantee shall be made in the name of a person who has authority to conduct inspection for use (referring to a person who has authority to conduct inspection for use under Article 49 of the Housing Act or a person who has authority to grant approval for use under Article 22 of the Building Act; hereinafter the same shall apply):
1. The Korea Housing and Urban Guarantee Corporation under the Housing and Urban Fund Act;
2. A mutual aid association related to construction under the Framework Act on the Construction Industry;
3. A person who conducts guarantee insurance business under Article 4 (1) 2 (d) of the Insurance Business Act;
4. Financial institutions under the subparagraphs of Article 23 (7).
(2) Where the business entity submits any of the following applications to a person who has authority to conduct inspection for use, it shall also submit a certificate of deposit in cash or letter of guarantee under paragraph (1):
1. An application for inspection for use (where the business entity files an application for approval for temporary use of all multi-family housing units in the multi-family housing complex, an application for approval for temporary use) under Article 49 of the Housing Act;
2. An application for approval for use (where the business entity files an application for approval for temporary use of all multi-family housing units in the multi-family housing complex, an application for approval for temporary use) under Article 22 of the Building Act;
3. A report of transfer or an application for permission to transfer under the Special Act on Private Rental Housing, or an application for approval to convert for sale in lots, an application for permission to convert for sale in lots or a report of conversion for sale in lots under the Special Act on Public Housing.
(3) Where the council of occupants' representatives is formed, a person who has authority to conduct inspection for use shall immediately transfer a security deposit made or a guarantee purchased under paragraph (1) to the relevant council of occupants' representatives and transfer a certificate of deposit in cash or letter of guarantee to the relevant council of occupants' representatives.
(4) The council of occupants' representatives shall require the management entity of the relevant multi-family housing (where the relevant multi-family housing is not multi-family housing subject to compulsory management, referring to a custodian under the Act on Ownership and Management of Condominium Buildings) to keep custody of a certificate of deposit in cash or written guarantee it has acquired pursuant to paragraph (3).
 Article 42 (Limits of Security Deposit for Repairing Defects)
(1) A security deposit the business entity should make pursuant to Article 38 (1) of the Act shall be the amounts classified as follows:
1. Where the business entity constructs multi-family housing along with the development of the site after obtaining approval for the project plan for the development of the site and the housing project plan under Article 17 of the Housing Act at a time: Three percent of the amount obtained by deducting the price under item (b) from the cost under item (a):
(a) The total project costs [excluding indirect costs (referring to design costs, construction management costs, alloted charges, share of the expenses, compensation cost and general expenses for facilities sold in lots); hereafter in this paragraph, the same shall apply] of the relevant multi-family housing stated in a written approval for a project plan;
(b) The price before the development of the site on which the relevant multi-family housing is constructed;
2. Where the business entity constructs multi-family housing without developing the site after obtaining only approval for a housing project plan under Article 15 of the Housing Act: Three percent of the amount obtained by deducting the price of the site from the total project cost of the relevant multi-family housing stated in a written approval for the project plan;
3. Where the business entity enlarges, reconstructs or repairs multi-family housing pursuant to Article 35 (1) 2 of the Act or performs remodeling under Article 66 of the Housing Act: Three percent of the total project cost of the relevant multi-family housing stated in an application for permission or a report;
4. Where the business entity constructs multi-family housing for the purpose of sale in lots after obtaining a building permit under Article 11 of the Building Act: Three percent of the construction cost calculated by applying the standard construction cost based on standards for calculation of the price of conversion of publicly constructed rental housing for sale in lots under Article 56 (7) of the Enforcement Decree of the Special Act on Public Housing, as at the time the business entity files an application for approval for use.
(2) Notwithstanding paragraph (1), where constructed rental housing is converted for sale in lots, a security deposit for repairing defects shall be the amount obtained by multiplying the amount under paragraph (1) 1 or 2 by a percentage of households converted for sale in lots among the households of constructed rental housing.
 Article 43 (Uses of Security Deposit for Repairing Defects)
"Purposes prescribed by Presidential Decree, such as expenses for repairing defects following a determination on defects by the Defect Examination and Dispute Mediation Committee" provided in Article 38 (2) of the Act shall mean the following uses related to the repair of defects, where the security deposit is used for the council of occupants' representatives to directly repair defects or to require a third party to repair defects:
1. Expenses for repairing defects in the construction of a facility decided as defects in accordance with the original of a written determination as to whether the works is defective (including a written determination of reexamination under Article 43 (8) of the Act) delivered pursuant to Article 43 (2) of the Act;
2. Expenses for repairing defects based on the original of a written mediation delivered by the Defect Dispute Mediation Committee (referring to the Defect Examination and Dispute Mediation Committee under Article 39 (1) of the Act; hereinafter the same shall apply) pursuant to Article 44 (3) of the Act;
3. Expenses for repairing defects based on the result of the judgment of a court;
4. Expenses for repairing defects based on the result of a safety inspection conducted pursuant to Article 48 (1) of the Act.
 Article 44 (Request for Payment and Management of Security Deposit for Repairing Defects)
(1) Where the business entity fails to repair defects, the council of occupants' representatives may request an institution that has issued a letter of guarantee for repairing defects to pay a security deposit for repairing defects. In such cases, it shall submit the following documents:
1. Documents falling under any of the subparagraphs of Article 43 (in cases falling under subparagraph 3 of the aforesaid Article, referring to a written judgment, and in cases under subparagraph 4, referring to a written notification of the result of a safety inspection);
2. Expenses incurred for repairs of defects calculated by applying criteria under Article 47 (3) and a detailed statement of the calculation thereof (only applicable where expenses incurred for repairs of defects have not been determined in the procedures under the subparagraphs of Article 43).
(2) An institution which has issued a letter of guarantee for repairing defects, which receives a request under paragraph (1), shall pay a security deposit for repairing defects within 30 days from the date it receives such request: Provided, That in cases under subparagraphs 1 and 4 of Article 43, where the institution which has issued a letter of guarantee for repairing defects has an objection to the amount requested, it shall request the Defect Dispute Mediation Committee to provide a mediation service to settle a dispute and pay upon of the mediation of the dispute.
(3) Where an institution which has issued a letter of guarantee for repairing defects pays a security deposit for repairing defects pursuant to paragraph (2), it shall pay the security deposit for repairing defects by transferring it to bank accounts classified as follows, and the council of occupants' representatives shall manage the relevant security deposit for repairing defects in such bank accounts:
1. Multi-family housing subject to compulsory management: A bank account with which the chairperson of the council of occupants' representatives has his/her registered seal impression and the head of the management office has its official seal under Article 64 (5) of the Act registered;
2. Multi-family housing not subject to compulsory management: A bank account with which a custodian under the Act on Ownership and Management of Condominium Buildings has his/her seal impression registered (where the management committee under the aforesaid Act has been formed, a bank account with which a person who represents the management committee and a custodian have their seal impressions registered).
(4) The council of occupants' representatives shall not select a contractor who repairs defects in advance before it receives a security deposit for repairing defects pursuant to paragraph (3).
(5) Where the council of occupants' representatives uses a security deposit for repairing defects, it shall notify the business entity of the details of the use thereof within 30 days from the date it uses the security deposit for repairing defects.
 Article 45 (Return of Security Deposit for Repairing Defects)
(1) The council of occupants' representatives shall return a security deposit for repairing defects made by the business entity in the order classified as follows:
1. When two years have passed from the date (hereafter in this Article, referred to as "date of inspection for use") classified as follows: 15 percent of the security deposit for repairing defects:
(a) Date the business entity undergoes an inspection for use under Article 49 of the Housing Act (where it obtains approval for temporary use under the aforesaid Article of all multi-family housing units in the multi-family housing complex, referring to the date of approval for temporary use);
(b) Date the business entity obtains approval for use under Article 22 of the Building Act (where it obtains approval for temporary use under the aforesaid Article of all multi-family housing units in the multi-family housing complex, referring to the date of approval for temporary use).
2. When three years have passed from the date of inspection for use: 40 percent of the security deposit for repairing defects;
3. When five years have passed from the date of inspection for use: 25 percent of the security deposit for repairing defects;
4. When ten years have passed from the date of inspection for use: 20 percent of the security deposit for repairing defects.
(2) Where the council of occupants' representatives returns a security deposit for repairing defects pursuant to paragraph (1), it shall calculate a percentage under the subparagraphs of paragraph (1) including any amount of the security deposit for repairing defects it has used for repairing defects, but shall not return the amount of the security deposit for repairing defects it has used already.
SECTION 2 Examination of Defects and Mediation to Settle Disputes
 Article 46 (Representatives Selected)
(1) Where several persons jointly become the parties referring a dispute to mediation, etc. (hereinafter referred to as "case in which a group is involved") among cases for examination of defects or mediation to settle a dispute (hereinafter referred to as "mediation, etc.") pursuant to Article 39 (3), not more than three persons among them may be selected as representatives.
(2) The Defect Dispute Mediation Committee may recommend the parties to a case in which a group is involved to select representatives pursuant to paragraph (1).
(3) Representatives selected pursuant to paragraph (1) (hereinafter referred to as "representatives selected") shall have authority over mediation, etc. for which a person filed an application pursuant to Article 39 (3) of the Act: Provided, That where the person intends to withdraw the application or accept a mediation plan, he/she shall obtains a written consent from other parties.
(4) Where representatives are selected, other parties shall perform activities on the relevant case through the representatives selected except in extenuating circumstances.
(5) The parties who have selected representatives shall submit the result of the selection thereof to the Defect Dispute Mediation Committee, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The foregoing shall also apply where the parties dismiss or replace representatives selected.
 Article 47 (Methods of Inspection to Discover Defects, Criteria for Determination, etc.)
(1) An inspection for defects under Article 39 (4) of the Act shall be conducted by means of measurement, etc. by comparing a part where a defect is allegedly discovered with drawings and specifications through an on-site inspection, etc.
(2) Expenses incurred in repairing defects of multi-family housing shall be calculated as actual construction expenses incurred in repairing defects, and expenses essentially incidental to the repair of defects may be added.
(3) The Minister of Land, Infrastructure and Transport shall prescribe and announce detailed matters necessary for inspection to discover defects, calculation of expenses incurred for repairs, criteria for determination of defects and criteria for determination of parts where defects are discovered (referring to criteria for determination on whether a defect is discovered in the areas for exclusive use or common areas) under paragraphs (1) and (2).
 Article 48 (Formation, etc. of Subcommittees)
(1) At least one subcommittee under the following subparagraphs shall be established in the Defect Dispute Mediation Committee to decide whether defects exist or provide a mediation service to settle disputes following the construction of facilities:
1. Defect examination subcommittee: Determining whether defects exist;
2. Dispute mediation subcommittee: Mediating to settle disputes;
3. Defect reexamination subcommittee: Determining whether defects exist where an objection is filed under Article 43 (4) of the Act;
4. Other subcommittees deemed necessary by the Minister of Land, Infrastructure and Transport.
(2) The chairperson of the Defect Dispute Mediation Committee shall appoint members for each subcommittee in consideration of expertise, career, etc. of members.
(3) Where the chairperson of a subcommittee is unable to perform his/her duties for reasons beyond his/her control, a member whom the chairperson of the relevant subcommittee predesignates from among the members of the relevant subcommittee shall perform duties on his/her behalf.
 Article 49 (Formation, etc. of Small Committees)
(1) Each subcommittee may have not more than five small committees in consideration of methods of construction of facilities, specialty fields, etc. pursuant to Article 40 (4) of the Act.
(2) Where the chairperson of a small committee is unable to perform his/her duties in extenuating circumstances, a member whom the chairperson of the relevant small committee predesignates from among the members of the relevant small committee shall perform duties on his/her behalf.
 Article 50 (Dismissal of Members of Defect Dispute Mediation Committee)
"Where a member behaviour constitutes grounds for dismissal prescribed by Presidential Decree, such as a violation of his/her duty" provided in Article 40 (7) 3 of the Act shall mean any of the following cases:
1. Where the member has violated an official obligations;
2. Where the member is deemed inappropriate to be a member due to dereliction of duty, loss of dignity or for other reasons;
3. Where he/she fails to abstain even though he/she falls under any of the subparagraphs of Article 41 (1) of the Act.
 Article 51 (Subcommittees over Which Chairperson Presides)
"Where the subcommittee considers matters prescribed by Presidential Decree, such as reconsideration under Article 43 (5)" in the proviso to Article 42 (1) 2 of the Act means where the subcommittee deliberates on any of the following cases:
1. Case of reexamination under Article 43 (5) of the Act;
2. Case of mediation to settle a dispute, where the amount requested is at least one billion won.
 Article 52 (Simple Cases Subject to Deliberation or Resolution by Small Committees)
"Simple cases prescribed by Presidential Decree" provided in Article 42 (4) 5 of the Act shall mean cases of mediation related to defects discovered in finishing works under attached Table 4 or construction of a facility among defects relating to the areas for exclusive use in which defects are easily discovered or repaired.
 Article 53 (Meetings, etc. of Defect Dispute Mediation Committee)
(1) Where the chairperson of the Defect Dispute Mediation Committee intends to convene a meetings of the committee of the whole, a subcommittee or small committee, he/she shall notify each member of the date, time, venue and items on the agenda for the meeting no later than three days prior to holding the meeting except in extenuating circumstances.
(2) Where the Defect Dispute Mediation Committee deems it necessary to efficiently perform mediation, etc., it may separate or merge the relevant cases.
(3) Where the Defect Dispute Mediation Committee divides or merges the relevant cases pursuant to paragraph (2), it shall immediately notify the parties referring a dispute to mediation, etc. of the result thereof.
(4) The Minister of Land, Infrastructure and Transport shall prescribe matters necessary for the operation, etc. of the Defect Dispute Mediation Committee, in addition to matters provided in the Act and this Decree.
(5) The Minister of Land, Infrastructure and Transport may establish and operate a defect management information system to receive, notify and deliver cases, such as mediation, by electronic means or to handle complaints and grievances, publicity, etc. using the Internet.
 Article 54 (Rejection of Mediation, etc.)
(1) Where the Defect Dispute Mediation Committee deems it is inappropriate for it to perform mediation to settle a dispute due to its nature or that an application for mediation has been filed for a fraudulent purpose, it may reject an application for mediation pursuant to Article 42 (6) of the Act.
(2) Where one of the parties to a dispute brings a case before the court while proceedings for handling the case, such as mediation, is pending, the Defect Dispute Mediation Committee shall reject an application for mediation, etc. The foregoing shall also apply where a case is verified as already brought before the court before an application for mediation is filed.
(3) Where the Defect Dispute Mediation Committee rejects an application for mediation pursuant to paragraph (1) and (2), it shall notify the parties referring a dispute to mediation of grounds for rejection.
 Article 55 (Allowances and Travel Expenses of Members)
The Minister of Land, Infrastructure and Transport may pay allowances, travel expenses and other expenses necessary to conduct affairs to members of the Defect Dispute Mediation Committee within the budget pursuant to Article 42 (6) of the Act: Provided, That where a member who is a public official attends a meeting of the Defect Dispute Mediation Committee in direct relation to his/her business, the foregoing shall not apply.
 Article 56 (Submission of Cases for Examination of Defects to Mediation to Settle Disputes)
Where the defect examination subcommittee decides to submit a case for examining a defect to the dispute mediation subcommittee pursuant to Article 43 (1) of the Act, it shall immediately transfer documents and articles concerning the relevant case to the dispute mediation subcommittee, and notify the parties to the dispute of the fact, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 57 (Matters Stated in Written Determination on Defects)
(1) "Matters prescribed by Presidential Decree" in Article 43 (2) of the Act means the following:
1. Case number and name of the case;
2. Place where a defect is discovered;
3. Addresses and names of the parties to the dispute, representatives selected and agents (in cases of a corporation, the location and the name of the head office);
4. Purport of an application;
5. Date a determination is made;
6. Grounds for the determination;
7. Result of determination;
8. Deadline for repairing defects.
(2) The deadline for repairing defects under paragraph (1) 8 shall be set within 60 days from the date of delivery.
(3) The business entity shall repair defects in accordance with a written determination of whether the defects exist under paragraph (1) and immediately register the result of the repair thereof in the defect management information system (hereinafter referred to as "defect management information system") under Article 53 (5).
 Article 58 (Matters to be Stated in Mediation Plan)
"Matters prescribed by Presidential Decree" in Article 44 (1) of the Act means the following:
1. Case number and name of the case;
2. Place where a defect is discovered;
3. Addresses and names of the parties to the dispute, representatives selected and agents (in cases of a corporation, the location and the name of the head office);
4. Purport of an application;
5. Date of mediation;
6. Grounds for performing mediation;
7. Outcomes of mediation.
 Article 59 (Acceptance of Mediation Plan and Written Mediation)
(1) Each party to a dispute or its agent to which a mediation plan is presented by the Defect Dispute Mediation Committee pursuant to Article 44 (1) of the Act accepts or refuses such mediation plan pursuant to paragraph (3) of the aforesaid Article, it shall submit a document signed or sealed by each party or its agent (including an electronic document affixed with an officially recognized electronic signature under subparagraph 3 of Article 2 of the Digital Signature Act) to the Defect Dispute Mediation Committee, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) Items to be stated in a written mediation under Article 44 (3) of the Act shall be as follows:
1. Case number and the name of the case;
2. Place where a defect is discovered;
3. Addresses and names of the parties to the dispute, representatives selected and agents (in cases of a corporation, the location and name of the head office);
4. Date of issuance of a written mediation;
5. Content of mediation;
6. Indication of an application (the purport of the application and the cause of the application).
(3) The business entity shall repair a defect in accordance with a written mediation and immediately register the result of the repair thereof in the defect management information system.
 Article 60 (Matters Not Subject to Arbitrary Disposal by Parties to Dispute)
"Matters prescribed by Presidential Decree" in the proviso to Article 44 (4) of the Act means any of the following cases:
1. Case that the council of occupants' representatives files an application for mediation to settle a dispute about warranty liability excluding the repair of defects in the common areas of multi-family housing without the consent of at least four-fifths of all occupants: Provided, That the foregoing shall not apply to cases concerning the refund of a security deposit for repairing defects changed in the name of the council of occupants' representatives pursuant to Article 41 (3), which is mediation to settle the dispute between the council of occupants' representatives and the business entity, etc. (referring to the business entity and an institution issuing a letter of guarantee for repairing defects; hereafter in this Chapter, the same shall apply);
2. Other cases where the parties to a dispute files an application for mediation, etc. concerning warranty liability, the repair of defects, etc. of parts over which the parties are unable to exercise their rights independently, which correspond to subparagraph 1.
 Article 61 (Attendance on Date of Mediation)
(1) The Defect Dispute Mediation Committee may deliver a request for attendance concerning the notification of the date of mediation to the parties referring a dispute to mediation in writing or by electronic means.
(2) Where the Defect Dispute Mediation Committee intends to hear statements from the parties to the case of examination of defects, it may request them to attend its meetings pursuant to paragraph (1) mutatis mutandis.
(3) The Defect Dispute Mediation Committee may request the following parties interested in cases of mediation, etc. to attend its meetings on the date of mediation or the date of examination:
1. Where the cause of defects in the areas for exclusive use are related to defects in the common areas, the chairperson of the council of occupants' representatives and the head of the management office assigned pursuant to Article 64 (1) of the Act;
2. Where an applicant or a person with whom an application is filed is the business entity, where he/she presents a mediation plan that defects will be repaired under a security deposit for repairing defects under Article 38 (1) of the Act, an institution issuing a letter of guarantee for repairing defects;
3. Where an applicant or a person with whom an application is filed is an institution issuing a letter of guarantee for repairing defects, the business entity that is a major debtor of a security deposit for repairing defects;
4. Where the parties to a dispute make a request, a subcontractor under subparagraph 14 of Article 2 of the Framework Act on the Construction Industry.
 Article 62 (Inspections and Assessments of Defects)
(1) "Safety inspection agency prescribed by Presidential Decree" in the former part of Article 48 (1) of the Act means the following persons:
1. The Korea Infrastructure Safety and Technology Corporation;
2. The Korea Institute of Civil Engineering and Building Technology;
3. An engineering contractor in the relevant field that has made a report pursuant to Article 21 of the Engineering Industry Promotion Act;
4. A professional engineer who has registered himself/herself pursuant to Article 6 (1) of the Professional Engineers Act;
5. An architect who has made a report pursuant to Article 23 (1) of the Certified Architects Act;
6. An institution specialized in safety inspection in the field of construction.
(2) "Safety inspection agency prescribed by Presidential Decree" in Article 48 (2) of the Act means the following persons: Provided, That no safety inspection agency under paragraph (1) shall become a safety inspection agency that conducts assessment pursuant to Article 48 (2) of the Act on a facility subject to examination or mediation of the same case:
1. The Korea Infrastructure Safety and Technology Corporation;
2. The Korea Institute of Civil Engineering and Building Technology;
3. A national or public testing or inspection agency related to housing;
4. A research institute (limited to a permanent institute) related to housing attached to a university or a polytechnic university under subparagraph 1 or 2 of Article 2 of the Higher Education Act;
5. Persons under paragraph (1) 3 through 6, limited to those whom a subcommittee (referring to a small committee in the case on which the small committee passes a resolution pursuant to Article 42 (4) of the Act) deems to have had facilities and equipment for the assessment of the relevant defects and on whom both parties have agreed.
(3) A safety inspection agency under paragraph (1) shall submit the result of inspection to discover defects to the business entity, etc. and the council of occupants' representatives, etc. within 20 days from the date it is requested to conduct inspection to discover defects under Article 48 (1) of the Act: Provided, That where the parties to a dispute agree otherwise, it shall comply with the agreement between them.
(4) A safety inspection agency under paragraph (2) shall submit the outcomes of assessment of defects to the Defect Dispute Mediation Committee within 20 days from the date it is requested to conduct assessment of the defects under Article 48 (2) of the Act: Provided, That where in extenuating circumstances effecting the safety inspection agency acknowledged by the Defect Dispute Mediation Committee, it may extend the period for submission.
 Article 63 (Operation and Conducting Affairs of Defect Dispute Mediation Committee)
(1) The secretariat (hereinafter referred to as "secretariat") shall be established within the Korea Infrastructure Safety and Technology Corporation to conduct affairs of the Defect Dispute Mediation Committee, such as support or assistance for the operation thereof, pursuant to Article 49 (1) of the Act.
(2) The secretariat shall conduct affairs by order of the chairperson.
(3) The president of the Korea Infrastructure Safety and Technology Corporation shall prescribe the organization and human resources of the secretariat after obtaining approval form the Minister of Land, Infrastructure and Transport.
 Article 64 (Cooperation from Related Public Agencies)
Where necessary for examination of defects and mediation to settle disputes, the Defect Dispute Mediation Committee may request government agencies, local governments or public institutions (referring to public institutions under Article 4 of the Act on the Management of Public Institutions) to submit data or opinions, provide technical knowledge or cooperation necessary for examination of defects and mediation to settle disputes. In such cases, an agency or institution that receives a request shall provide cooperation except in extenuating circumstances.
CHAPTER VII SPECIALIZED MANAGEMENT OF MULTI-FAMILY HOUSING
SECTION 1 Housing Management Service
 Article 65 (Criteria, Procedures, etc. for Registration of Housing Management Service)
(1) Any person who intends to have a housing management service registered pursuant to Article 52 (1) of the Act shall submit an application (including an application by electronic means) to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) The head of a Si/Gun/Gu shall provide a certificate of registration to a person who has registered housing management service.
(3) "Amount prescribed by Presidential Decree" in Article 52 (3) 1 of the Act means 200 million won.
(4) Criteria for registration of housing management service under Article 52 (3) 1 and 2 of the Act shall be as specified in attached Table 5.
 Article 66 (Managerial Obligations of Housing Management Service Provider)
(1) Where a vacancy arises due to the dismissal of a housing manager, etc. assigned to multi-family housing or for other reasons, a housing management service provider that manages the multi-family housing shall assign a new housing manager, etc. within 15 days from the date such reason arises.
(2) Where a housing management service provider manages multi-family housing pursuant to Article 52 (4) of the Act, he/she shall have technical manpower and equipment under attached Table 1.
 Article 67 (Criteria for Cancellation of Registration and Suspension of Business of Housing Management Service Provider)
(1) "Where the results of the management of multi-family housing do not meet criteria prescribed by Presidential Decree" in Article 53 (1) 4 of the Act means where the management of multi-family housing has no results for the preceding three years from the end of December every year.
(2) Where the head of a Si/Gun/Gu intends to cancel registration or suspend business of a housing management service provider pursuant to Article 53 (1) of the Act, he/she shall notify the council of occupants' representatives of multi-family housing the relevant housing management service provider manager of the such fact no later than one month before the date of the cancellation of registration or the suspension of business.
(3) Criteria for the cancellation of registration and suspension of business under Article 53 (1) of the Act shall be as specified in attached Table 6.
 Article 68 (Imposition of Penalty Surcharges on Housing Management Service Provider and Payment of Penalty Surcharges)
(1) The head of a Si/Gun/Gu shall impose 30,000 won each day of suspension of business as a penalty surcharge under Article 53 (2) of the Act, and one month of suspension of business shall be based on 30 days. In such cases, no penalty surcharge shall exceed ten million won.
(2) Where the head of a Si/Gun/Gu intends to impose a penalty surcharge pursuant to Article 53 (2) of the Act, he/she shall notify a housing management service provider to pay the penalty surcharge in writing, specifying the type of the violation and the amount of the penalty surcharge.
(3) A person in receipt of notification pursuant to paragraph (2) shall pay a penalty surcharge to a receiving institution designated by the head of a Si/Gun/Gu within 30 days from the date he/she receives notification: Provided, That where he/she is unable to pay the penalty surcharge within such period due to a natural disaster or in extenuating circumstances, he/she shall pay the penalty surcharge within seven days from the date circumstance ceases to exist.
(4) A receiving institution that receives penalty surcharges pursuant to paragraph (3) shall issue receipts to persons who collect penalty surcharges.
(5) Where a receiving institution that receives penalty surcharges receives penalty surcharges pursuant to paragraph (3), it shall immediately notify the head of a Si/Gun/Gu of the receipt thereof.
SECTION 2 Affairs of Management Entity and Housing Managers
 Article 69 (Assignment of Head of Management Office)
(1) "Number of households prescribed by Presidential Decree" in the proviso to Article 64 (1) of the Act means 500 households.
(2) Persons under the subparagraphs of Article 64 (1) of the Act may assign a housing manager, etc. as an assistant to the head of the management office.
 Article 70 (Guarantee of Liability for Damages)
A housing manager, etc. assigned as the head of the management office pursuant to Article 64 (1) of the Act shall purchase guarantee insurance or join a mutual aid association, or place money on deposit guaranteeing the amounts classified as follows to guarantee liability for damages under Article 66 (1) of the Act:
1. Multi-family housing with less than 500 households: 30 million won;
2. Multi-family housing with at least 500 households: 50 million won.
 Article 71 (Alteration of Establishment of Guarantee)
(1) Where a housing manager, etc. who has purchased guarantee insurance, joined a mutual aid association or placed money on deposit (hereinafter referred to as "establishment of guarantee") to guarantee liability for damages of the head of the management office pursuant to Article 66 (2) of the Act intends to alter the establishment of such guarantee to the establishment of other guarantee, he/she shall establish other guarantee while the relevant guarantee remains in force.
(2) Any person who intends to reestablish guarantee because the period for guarantee expires, who is a housing manager, etc. who has purchased guarantee insurance or joined a mutual aid association, shall reestablish guarantee before the period for guarantee expires.
(3) Where a housing manager, etc. has established guarantee pursuant to paragraphs (1) and (2), he/she shall submit documents evidencing the establishment of the relevant guarantee pursuant to Article 66 (3) of the Act.
 Article 72 (Payment, etc. of Guarantee Insurance, etc.)
(1) Where the council of occupants' representatives intends to claim against guarantee insurance, mutual aid funds or money placed on deposit as damages, it shall request a guarantee insurance company, mutual aid association or depository institution to indemnify damages along with any of the following documents:
1. An agreement on indemnification for damage or protocol of reconciliation between the council of occupants' representatives and a housing manager, etc.;
2. A copy of the final decision of a court;
3. A document that has an effect corresponding to subparagraph 1 or 2.
(2) Where a housing manager, etc. has compensated for damage with guarantee insurance, mutual aid fund or money placed on deposit, he/she shall purchase guarantee insurance, rejoin a mutual aid association, or make up for a shortage of money placed on deposit within 15 days.
 Article 73 (Issuance, etc. of Attestation of Qualification of Housing Managers)
(1) The Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Special Self-Governing City Mayor, the Governor of a Do or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall issue an attestation of qualification of housing managers to those who have experience falling under any of the following before or after they pass a qualifying examination for probationary housing managers:
1. A person who has at least three years' work experience as the head of the management office of multi-family housing with at least 50 or less than 500 households constructed after having obtained approval for a project plan under Article 15 (1) of the Housing Act (including a building which contains housing units for at least 50 but less than 300 households among buildings which consist of housing and facilities other than housing built compositely in the same building after obtaining a building permit under Article 11 of the Building Act);
2. A person who has engaged in affairs concerning housing management for at least five years as an employee (excluding a guard, cleaner and disinfector) of the management office of multi-family housing with at least 50 households constructed after having obtained approval for a project plan under Article 15 (1) of the Housing Act (including a building which contains housing units for at least 50 but less than 300 households among buildings which consist of housing and facilities other than housing built compositely in the same building after obtaining a building permit under Article 11 of the Building Act) or as an employee of a housing management service provider;
3. A person who has engaged in affairs concerning housing management for at least five years as an employee of the Korea Land and Housing Corporation or a local corporation;
4. A person who has engaged in affairs concerning guidance and supervision and approval and permission related to housing for at least five years as a public official;
5. A person who has engaged in affairs related to housing for at least five years as an executive officer or employee of an organization of housing managers under Article 81 (1) of the Act and an organization related to the management of multi-family housing prescribed and announced by the Minister of Land, Infrastructure and Transport;
6. A person who has at least five years' total work experience under subparagraphs 1 through 5.
(2) Any person who intends to be issued an attestation of qualification of housing managers under Article 67 (2) of the Act shall submit an application for issuance of an attestation of qualification (including an application in electronic form) to the Mayor/Do Governor who has issued a certificate (including a certificate in electronic form) attesting that the person has passed a qualifying examination for probationary housing managers along with a certificate on the working experience under the subparagraphs of paragraph (1). <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
 Article 74 (Qualifying Examination for Probationary Housing Managers)
(1) A qualifying examination for probationary housing managers under Article 67 (1) of the Act shall be conducted classified into a primary examination and secondary examination.
(2) In principle, a primary examination shall be multiple choice questions, and short-answer questions and filling-in-the-blank questions may be added.
(3) In principle, a secondary examination shall be essay questions, and short-answer questions and filling-in-the-blank questions may be added: Provided, That where the Minister of Land, Infrastructure and Transport deems it necessary, he/she may conduct the secondary examination by means under paragraph (2) after the probationary housing manager examination committee (hereinafter referred to as "examination committee") under Article 68 of the Act passes a resolution.
(4) A secondary examination shall be conducted intended for those who have passed a primary examination.
(5) Those who have passed a primary examination shall be exempt from the primary examination limited to the next section of examinations pursuant to Article 67 (5) of the Act: Provided, That those who fall under Article 67 (4) of the Act as of the date of the administration of the primary examination in the next section shall not be exempt from the primary examination.
(6) Examination subjects of a qualifying examination for probationary housing managers shall be as specified in attached Table 7 pursuant to Article 67 (5) of the Act.
(7) Those who fall under Article 67 (4) of the Act as of the dates of the administration of a primary examination and secondary examination shall not apply for the relevant examination.
 Article 75 (Determination of Persons Who Have Passed Examination)
(1) In the primary examination of a qualifying examination for probationary housing managers, those who earn at least 40 points in every subject out of possible 100 and at least average 60 points in all subjects shall be those who have passed the primary examination.
(2) Those who earn at least 40 points in every subject out of possible 100 and at least average 60 points in all subjects shall be those who have passed the secondary examination.
 Article 76 (Administration and Public Announcement of Examination)
(1) The Minister of Land, Infrastructure and Transport shall conduct a qualifying examination for probationary housing managers once a year: Provided, That where it is difficult to conduct the aforesaid qualifying examination due to extenuating circumstances, he/she may opt not to conduct the aforesaid qualifying examination for the year.
(2) Where the Minister of Land, Infrastructure and Transport intends to conduct a qualifying examination for probationary housing managers, he/she shall publicly announce matters necessary to conduct the aforesaid qualifying examination, such as the date and time, place, methods of examination and determination of standards for passing the examination, on a daily newspaper no later than 90 days before the date of administration of the examination.
 Article 77 (Application for Examination, etc.)
(1) Any person who intends to apply for a qualifying examination for probationary housing managers shall submit an application for the aforesaid examination prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport.
(2) Any person who submits an application for the examination under paragraph (1) shall pay a fee prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport by means of digital currency, electronic settlement, etc. using the information and communications network pursuant to Article 67 (1) of the Act.
(3) Any of the following persons who have paid a fee pursuant to paragraph (2), the Minister of Land, Infrastructure and Transport shall fully or partially return the fee for application for the examination, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:
1. Where he/she has paid the fee erroneously or over-paid;
2. Where he/she has failed to apply for the examination for reasons imputable to the Minister of Land, Infrastructure and Transport;
3. Where he/she has withdrawn his/her application for the examination no later ten days before the date of administration of the examination.
 Article 78 (Payment of Examination Allowance, etc.)
The Minister of Land, Infrastructure and Transport may pay allowances and travel expenses to persons engaged in invigilation of the examination within the budget.
 Article 79 (Sanctions against Persons Cheating on Examination)
For any examination applicant who has cheated on a qualifying examination for probationary housing managers, the aforesaid qualifying examination shall be invalidated, and his/her qualification for applying for the examination shall be suspended for five years from the date of administration of the relevant examination.
 Article 80 (Examination Committee)
(1) The examination committee shall be established in the Ministry of Land, Infrastructure and Transport to conduct qualifying examinations for probationary housing managers pursuant to Article 68 (1) of the Act.
(2) The examination committee shall be comprised of not more than seven members, including one chairperson pursuant to Article 68 (2) of the Act, and consider the gender of the members.
(3) A person designated by the Minister of Land, Infrastructure and Transport from among public officials belonging to the Senior Executive Service of Ministry of Land, Infrastructure and Transport shall become the chairperson of the examination committee (hereinafter referred to as "chairperson") and members shall be appointed or commissioned from among those who have abundant knowledge and experience in the management of multi-family housing.
(4) The chairperson shall preside over affairs of the examination committee, convene meetings of the examination committee and preside over the meetings.
(5) The term of office of members commissioned by the Minister of Land, Infrastructure and Transport shall be three years.
(6) The examination committee shall pass resolutions when a majority of incumbent members attend meetings and a majority of the members present concur.
(7) Article 55 shall apply mutatis mutandis to payment of allowances, travel expenses, etc. to members who attend meetings of the examination committee.
(8) In addition to matters provided in paragraphs (1) through (7), the chairperson shall prescribe matters necessary for operating the examination committee after the examination committee passes a resolution.
 Article 81 (Criteria for Revocation of Qualification of Probationary Housing Managers, etc.)
Criteria for the revocation and suspension of qualification of housing managers, etc. under Article 69 (1) of the Act shall be as specified in attached Table 8.
CHAPTER VIII MEDIATION TO SETTLE DISPUTES ABOUT MANAGEMENT OF MULTI-FAMILY HOUSING
 Article 82 (Meetings, etc. of Central Multi-Family Housing Management Dispute Mediation Committee)
(1) Where the Minister of Land, Infrastructure and Transport forms the Central Multi-Family Housing Management Dispute Mediation Committee (hereinafter referred to the "Central Dispute Mediation Committee") under Article 71 (1) of the Act, he/she shall consider the gender of the members thereof.
(2) Where the chairperson of the Central Dispute Mediation Committee intends to convene a meeting of the Central Dispute Mediation Committee, he/she shall notify each member of the date and time, place, items on the agenda of the meeting in writing (including electronic mail) no later than three days before he/she holds the meeting except in extenuating circumstances.
(3) Where the Central Dispute Mediation Committee deems it necessary to efficiently perform mediation, it may divide or consolidate the relevant cases.
(4) Where the Central Dispute Mediation Committee divides or consolidates the relevant cases pursuant to paragraph (3), it shall immediately notify the parties referring a dispute to mediation of its intention in writing.
(5) Where the Central Dispute Mediation Committee deems it necessary for mediation, it may request the parties to submit related data, such as evidentiary documents
(6) Where the Central Dispute Mediation Committee intends to require the parties or interested parties to attend its meeting to hear their opinions pursuant to Article 74 (2) of the Act, it shall request them to attend its meeting in writing (including electronic mail) no later than five days before it holds the meeting. In such cases, a person requested to attend the meeting may submit his/her opinion in writing in advance where an extenuating circumstance prevents him/her from attending the meeting.
(7) In addition to matters provided in paragraphs (1) through (6), the chairperson of the Central Dispute Mediation Committee shall prescribe matters necessary for the operation, etc. of the Central Dispute Mediation Committee after it passes a resolution.
(8) The Minister of Land, Infrastructure and Transport may establish and operate the Central Dispute Mediation System to receive, notify and deliver cases of mediation to settle disputes by electronic means, to handle complaints and grievances, publicity, etc. using the Internet.
 Article 83 (Representatives Selected)
Article 46 shall apply mutatis mutandis to representatives selected where several people jointly become the parties referring a dispute to mediation.
 Article 84 (Matters Stated in Mediation Plan and Written Mediation)
(1) The following matters shall be stated in a mediation plan under Article 74 (3) of the Act:
1. Case number and name of the case;
2. Name and address of the parties, representatives selected and their agents (in cases of a corporation, referring to the location and name of the head office);
3. Purport of the application;
4. Date of mediation;
5. Grounds for mediation;
6. Outcomes of mediation.
(2) Matters that should be stated in a written mediation under Article 74 (5) of the Act shall be as follows:
1. Case number and name of the case;
2. Name and address of the parties, representatives selected and their agents (in cases of a corporation, referring to the location and name of the head office);
3. Date of issuance;
4. Details of mediation;
5. Indication of the application (the purport and cause of the application).
 Article 85 (Operation and Conducting Affairs of Central Dispute Mediation Committee)
(1) The secretariat for the operation and conducting affairs of the Central Dispute Mediation Committee shall be established in an institution or organization under Article 79 (1) of the Act (hereinafter referred to as "person entrusted with operation"), and the secretariat shall conduct affairs as order by the chairperson thereof.
(2) A person entrusted with operation shall prescribe the organization, human resources, etc. of the secretariat under paragraph (1) after obtaining approval from the Minister of Land, Infrastructure and Transport pursuant to Article 79 (2) of the Act.
 Article 86 (Allowances, etc.)
Article 55 shall apply mutatis mutandis to payment of allowances, travel expenses, etc. to members who attend meetings of the Central Dispute Mediation Committee.
 Article 87 (Formation of Regional Multi-Family Housing Management Dispute Mediation Committee)
(1) A regional multi-family housing management dispute mediation committee (hereinafter referred to as "regional dispute mediation committee") shall be comprised of not more than ten members, including one chairperson in consideration of the gender of the members pursuant to Article 80 (3) of the Act.
(2) The head of the relevant Si/Gun/Gu shall appoint or commission members of a regional dispute mediation committee from among any of the following:
1. Public officials belonging to the relevant Si/Gun/Gu (referring to an autonomous Gu);
2. Persons who majored in studies related to the field of housing, such as law, economics, or the study of real estate, who hold or held the position of assistant professor or higher position at a university or the position equivalent thereto at an officially recognized research institute;
3. A qualified as an attorney-at-law, certified public accountant, certified tax accountant, architect or labor relations consultant, or judges or public prosecutors;
4. Housing managers who have worked for at least five years as the head of the management office of multi-family housing;
5. Other persons who have abundant knowledge and experience in the field of management of multi-family housing.
(3) A person designated by the head of the relevant local government from among the members of a regional dispute mediation committee shall become the chairperson thereof.
(4) The term of office of members who are not public officials shall be two years: Provided, That the term of office of a member who fills a vacancy shall be the remainder of the unexpired term of his/her predecessor.
CHAPTER IX ASSOCIATION
 Article 88 (Scope of Mutual Aid Program)
The scope of a mutual aid program which an organization of housing managers (hereinafter referred to as "organization of housing managers") under Article 81 (1) of the Act may conduct pursuant to Article 82 (1) of the Act shall be as follows:
1. Activities concerning the creation of a mutual aid fund to indemnify liability for damages of housing managers, etc. under Article 66 (1) of the Act and payment of mutual aid money;
2. Activities approved by the Minister of Land, Infrastructure and Transport, which are incidental to mutual aid activities.
 Article 89 (Regulations Governing Mutual Aid Program)
Regulations governing a mutual aid program under Article 82 (2) of the Act shall include the following:
1. The following matters, which are the content of a mutual aid agreement:
(a) Responsibility for mutual aid of the organization of housing managers;
(b) Mutual aid money, mutual aid membership fees (the fees shall be set comprehensively based upon the rate of occurrence of mutual aid accidents, guarantee insurance premiums, etc.) and the period for mutual aid;
(c) Procedures for requesting and paying mutual aid money, a claim for compensation and the right of subrogation, invalidation of a mutual aid agreement;
(d) Other matters necessary for a mutual aid agreement;
2. Accounting standards: Standards conforming to the purpose of each fund and accounting standards after classifying mutual aid activities as a damage compensation fund and a welfare fund;
3. Percentage for accumulation in legal reserve fund: At least ten percent of the amount of income of mutual aid membership fees (the fees shall be fixed comprehensively taking into account the rate of occurrence of mutual aid accidents, the amount of mutual aid money paid, etc.).
 Article 90 (Publication of Results of Operation of Mutual Aid Program)
An organization of housing managers shall report the results of the operation of the mutual aid program including the following to the Minister of Land, Infrastructure and Transport within two months after each fiscal year, and publish the results thereof in a daily newspaper or on a website, etc. of the organization of housing managers pursuant to Article 82 (5) of the Act: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
1. A statement of financial position, profit and loss statement and auditor's report;
2. Amount of income of mutual aid membership fees, the amount of mutual aid money paid, the amount of legal reserve fund accumulated;
3. Other matters concerning the operation of the mutual aid program.
 Article 91 (Supervision over Organization of Housing Managers)
Where necessary for supervision under Article 83 of the Act, the Minister of Land, Infrastructure and Transport may require an organization of housing managers to report the following:
1. Matters determined at the general meeting or the meeting of the board of directors;
2. Matters necessary to understand the actual conditions of members;
3. Important matters related to affairs, such as an operational plan of the organization of housing managers;
4. Other necessary matters related to the management of multi-family housing.
CHAPTER X SUPPLEMENTARY PROVISIONS
 Article 92 (Affairs, etc. of Organization Supporting Management of Multi-Family Housing)
"Affairs prescribed by Presidential Decree" in Article 86 (1) 10 of the Act means the any of the following affairs:
1. Support for consultation on mediation to settle disputes in a mixed housing complex under Article 10 of the Act;
2. Support for examination or consultation necessary for the prevention, etc. of noise from human activities of occupants in upper living spaces under Article 20 of the Act;
3. Support for the safety management of multi-family housing under Articles 32 and 34 of the Act.
 Article 93 (Establishment, Operation, etc. of Multi-Family Housing Management Information System)
The Minister of Land, Infrastructure and Transport shall prescribe and announce matters necessary for establishing and operating the multi-family housing management information system under Article 88 of the Act.
 Article 94 (Delegation of Authority)
The Minister of Land, Infrastructure and Transport shall delegate his/her authority to receive reports and conduct inspections under Article 92 of the Act to Mayors and Do Governors pursuant to Article 89 (1) of the Act.
 Article 95 (Entrustment of Affairs)
(1) The Minister of Land, Infrastructure and Transport shall entrust affairs concerning the administration of qualifying examinations for probationary housing managers under Article 67 (1) of the Act to the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act pursuant to Article 89 (2) of the Act.
(2) The Minister of Land, Infrastructure and Transport shall entrust affairs concerning establishing and operating the multi-family housing management information system under Article 88 (1) of the Act to the Korea Appraisal Board under the Korea Appraisal Board Act pursuant to Article 89 (2) of the Act. <Amended by Presidential Decree No. 27473, Aug. 31, 2016>
(3) The Mayor/Do Governor shall designate and entrust an institution or organization specialized in housing management with the following affairs pursuant to Article 89 (2) of the Act:
1. Education on the adjustment of a long-term repair plan under Article 29 of the Act;
2. Education to housing management service providers and the heads of management offices under Article 70 of the Act.
(4) The head of a Si/Gun/Gu shall entrust education of the members of the council of occupants' representatives under Article 17 of the Act to an organization supporting the management of multi-family housing (hereinafter referred to as "organization supporting the management of multi-family housing") under Article 86 of the Act pursuant to Article 89 (2) of the Act.
(5) The head of a Si/Gun/Gu shall entrust crime prevention education under Article 32 of the Act to the chief of the relevant police station under paragraph (3) of the aforesaid Article or an organization supporting the management of multi-family housing he/she designates pursuant to Article 89 (2) of the Act.
(6) The head of a Si/Gun/Gu shall entrust safety education on fire-fighting under Article 32 of the Act to the fire marshal of the relevant fire station under paragraph (3) of the aforesaid Article or an organization supporting the management of multi-family housing he/she designates pursuant to Article 89 (2) of the Act.
(7) The head of a Si/Gun/Gu shall designate and entrust an organization supporting the management of multi-family housing or an organization of housing managers with safety education on facilities under Article 32 of the Act pursuant to Article 89 (2) of the Act.
(8) The head of a Si/Gun/Gu shall entrust the safety management of small-scale multi-family housing under Article 34 of the Act to the Korea Infrastructure Safety and Technology Corporation or an organization supporting the management of multi-family housing he/she designates pursuant to Article 89 (2) of the Act.
(9) The head of a Si/Gun/Gu shall entrust affairs concerning the receipt of details of the assignment of the heads of management offices and reporting of official seals under Article 64 (5) of the Act to an organization supporting the management of multi-family housing pursuant to Article 89 (2) of the Act.
(10) Where the Mayor/Do Governor or the head of a Si/Gun/Gu entrusts affairs pursuant to paragraphs (3) and (5) through (8), he/she shall publish institutions or organizations entrusted, details of and methods for handling affairs entrusted, and other necessary matters in the Official Gazette.
 Article 96 (Supervision over Management of Multi-Family Housing)
"Affairs prescribed by Presidential Decree" in Article 93 (1) of the Act means the following:
1. Formation and resolutions by the council of occupants' representatives;
2. Affairs of the management entity and the head of the management office;
3. Formation and operation of the autonomous management body;
4. Enactment and amendment of the management rules;
5. Safety management of facilities;
6. Safety inspection of multi-family housing;
7. Affairs related to a long-term repair plan and reserves for long-term repairs;
8. Permission to perform activities or reporting of activities under Article 35 (1) of the Act;
9. Other affairs concerning the management of multi-family housing.
 Article 97 (Supervision over Management Entity, etc.)
Where the head of a local government requires the management entity, etc. to suspend construction works, reinstate to the original state or take other necessary measures pursuant to Article 94 of the Act, he/she shall immediately report such measures to the Minister of Land, Infrastructure and Transport.
 Article 98 (Processing of Personally Identifiable Information)
(1) Where it is inevitable to conduct the following affairs, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu (where the relevant authority has been entrusted pursuant to Article 95, including a person entrusted with the authority) may process data including resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs concerning criminal background check on candidates for representatives form each building under Article 16 of the Act;
2. Affairs concerning education related to the operation of the council of occupants' representatives under Article 17 of the Act;
3. Affairs concerning education on the calculation of costs, methods of construction, etc. in a long term repair plan under Article 29 (4) of the Act;
4. Affairs concerning crime prevention education and safety education under Article 32 (3) of the Act;
5. Affairs concerning the appointment of members of the Defect Dispute Mediation Committee under Article 40 (5) of the Act (including cases under Article 73 (2) of the Act);
6. Affairs concerning the confirmation of grounds for disqualification of members of the committee under Article 40 (7) 2 of the Act (including cases to which Article 73 (3) of the Act applies mutatis mutandis);
7. Affairs concerning the details of assignment and reporting of the official seal of the head of the management office under Article 64 (5) of the Act;
8. Affairs concerning the identification of candidates for a qualifying examination for probationary housing managers under Article 67 (1) of the Act or the confirmation of grounds for disqualification of a housing manager, etc. under paragraph (4) of the aforesaid Article for the issuance of an attestation of qualification of housing managers under paragraph (2) of the aforesaid Article;
9. Affairs concerning education of housing management service providers, etc. under Article 70 (1) through (3) of the Act;
10. Affairs concerning supervision over and an audit on the management of multi-family housing under Article 93 (1) through (4) of the Act.
(2) Where essentially to conducting affairs concerning the mutual aid program (referring to the mutual aid program to guarantee liability for damages of the head of the management office under Article 66 of the Act) under Article 82 (1) of the Act, an organization of housing managers may process data including resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(3) Where essentially to conducting affairs concerning the confirmation of grounds for disqualification of representatives from each building under the subparagraphs of Article 14 (4) of the Act, the chairperson of the election committee may process data including resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
 Article 99 (Re-Examination of Restrictions)
The Minister of Land, Infrastructure and Transport shall re-exam the validity of the following matters every three years (referring to by every third anniversary from the base date) as of the following basic date and take measures, such as making improvements:
1. Range of multi-family housing subject to compulsory management by a housing management service provider, etc. under Article 2: January 1, 2014;
2. Criteria for technical manpower and equipment of an autonomous management body under Article 4 (1) and attached Table 1: January 1, 2014;
3. Period for transferring affairs concerning the management of multi-family housing under Article 10 (1): January 1, 2014;
4. Maintenance fees, etc. under Article 23: January 1, 2014;
5. Publication of the status of management under Article 28: January 1, 2014;
6. Accumulation, etc. of reserves for long-term repairs under Article 31: January 1, 2014;
7. and 8. Deleted; <by Presidential Decree No. 27751, Dec. 30, 2016>
9. Safety inspection under Article 40: January 1, 2014;
10. Criteria for the cancellation, etc. of registration of housing management service under Article 67: January 1, 2014;
11. Guarantee of liability for damages under Article 70: January 1, 2014;
12. Issuance, etc. of an attestation of qualification of housing managers under Article 73: January 1, 2014;
13. Scope of the mutual aid program and the regulations governing the mutual aid program under Articles 88 and 89: January 1, 2014;
14. Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016>
CHAPTER XI PENAL PROVISIONS
 Article 100 (Imposition of Administrative Fines)
Criteria for the imposition of administrative fines under Article 102 (4) of the Act shall be as specified in attached Table 9.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Article 2 (Applicability to Transfer of Managerial Affairs)
(1) The provisions of Article 10 (2), (3) and (4) shall begin to apply from the business entity in whose case days under the subparagraphs of Article 13 (1) of the Act come and the existing management entity in whose case the management of multi-family housing ends after this Decree enters into force.
(2) Article 10 (5) shall begin to apply where a rental business operator converts constructed rental housing to housing for sale in lots pursuant to the aforesaid paragraph after this Decree enters into force.
Article 3 (Applicability to Resolutions by Council of Occupants' Representatives)
Article 14 (2) 12 shall begin to apply from a resolution that the business entity notifies the expected expiration of the period for warranty liability after this Decree enters into force.
Article 4 (Applicability to Education of Members of Council of Occupants' Representatives)
Article 18 (4) shall begin to apply from operation and ethics education publicly announced or notified pursuant to paragraph(1) of the aforesaid Article after this Decree enters into force.
Article 5 (Applicability to Methods of Selection of Contractors)
Article 25 (1) 2 (b) shall begin to apply from the cost of the repairs of defects paid by the business entity to the contractor after this Decree enters into force.
Article 6 (Applicability to Preparation of Business Plan and Budget Proposal)
Article 26 (2) shall begin to apply where the management entity takes over managerial affairs from the business entity after this Decree enters into force.
Article 7 (Applicability to Transfer of Date of Delivery of Areas for Exclusive Use)
Article 36 (2) and (3) shall begin to apply from multi-family housing that have undergone an inspection for use (including approval for use under the Building Act) after this Decree enters into force.
Article 8 (Applicability to Request for Payment of Security Deposit for Repairing Defects)
Article 44 (1) through (3) shall begin to apply where the council of occupants' representatives requests payment of a security deposit for repairing defects after this Decree enters into force.
Article 9 (Applicability to Registration of Result of Repairs of Defects)
Articles 57 (3) and 59 (3) shall begin to apply where the business entity, etc. receives a written determination of whether the defect exists, a written determination of reexamination or a written mediation after this Decree enters into force.
Article 10 (General Transitional Measures)
Determinations, measures, procedures and other activities under the former Enforcement Decree of the Housing Act, as at the time this Decree enters into force shall be deemed made, taken, followed and performed pursuant to this Decree.
Article 11 (Transitional Measures concerning Methods of Election of Representatives from Each Building)
Notwithstanding Article 11 (1) 1, the former Enforcement Decree of the Housing Act shall apply to methods of election of representatives from each building where a public announcement of the election of representatives from each building was made before this Decree enters into force.
Article 12 (Transitional Measures concerning Composition of Executive Officers of Council of Occupants' Representatives)
(1) The council of occupants' representatives shall amend the management rules of the relevant multi-family housing in compliance with Article 12 (1) within two months from the date this Decree enters into force.
(2) The council of occupants' representatives shall elect executive officers in compliance with the management rules amended pursuant to paragraph (1) within three months from the enforcement date of this Decree.
Article 13 (Transitional Measures concerning Methods of Election of Executive Officers of Council of Occupants' Representatives)
Notwithstanding Article 12 (2), the former Enforcement Decree of the Housing Act shall apply to methods of election of executive officers where a public announcement of the election of executives was made before this Decree enters into force.
Article 14 (Transitional Measures concerning Grounds for Disqualification of Members of Election Committee)
(1) A person in whose case the validity of the declaration of incompetent or quasi-incompetent is maintained pursuant to Article 2 of Addenda of the Civil Act partly amended by Act No. 10429 shall be deemed among adults placed under legal guardianship and a quasi-incompetent placed under legal guardianship under subparagraph 1 of Article 16
(2) Notwithstanding Article 16, the former Enforcement Decree of the Housing Act shall apply to grounds for disqualification of a member of the election committee elected at the time this Decree enters into force until the term of office of the relevant member expires.
Article 15 (Transitional Measures concerning Standing Rules, etc. of Management Rules)
(1) The Mayor/Do Governor shall amend the standing rules of the management rules in compliance with Article 19 (1) 21, 26 and 27 within two months from the date this Decree enters into force.
(2) The council of occupants' representatives shall amend the management rules in compliance with the standing rules of the management rules under paragraph (1) within three months from the date this Decree enters into force.
Article 16 (Transitional Measures concerning Financial Audit on Management Entity)
Notwithstanding Article 27, the former Enforcement Decree of the Housing Act shall apply to the settlement of accounts on the fiscal year which ended before this Decree enters into force.
Article 17 (Transitional Measures concerning Confirmation of Expiration of Warranty Liability)
Notwithstanding Article 39, the former Enforcement Decree of the Housing Act shall apply to warranty liability where the business entity has notified the expected expiration of the period for warranty liability at the time this Decree enters into force.
Article 18 (Transitional Measures concerning Return of Security Deposit for Repairing Defects)
Notwithstanding Article 45 (1), the former Enforcement Decree of the Housing Act shall apply to the refund of a security deposit for repairing defects of multi-family housing for the use of which the business entity has undergone an inspection under Article 29 of the former Housing Act (where it has obtained approval for temporary use under the aforesaid Article on all multi-family housing units in the multi-family housing complex, referring to approval for temporary use) or has obtained approval under Article 22 of the Building Act.
Article 19 (Transitional Measures, etc. concerning Recognition of Professional Experience for Acquisition of Qualification of Housing Managers)
(1) Notwithstanding Article 73 (1), Article 26 of the former Decree on the Management of Multi-Family Housing (referring to the Decree before it was repealed by Presidential Decree No. 18146) shall apply to the calculation of professional experience of a person who acquired an attestation of qualification of probationary housing managers before November 30, 2003, the enforcement date of the Enforcement Decree of the Housing Act partly amended by Presidential Decree No. 18146.
(2) Work experience under Article 73 (1) 2 shall begin to apply from work experience after July 6, 2010.
Article 20 (Transitional Measures concerning Term of Office of Members of Probationary Housing Manager Examination Committee)
Notwithstanding Article 80 (5), the former Enforcement Decree of the Housing Act shall apply to the term of office of members of the probationary housing manager examination committee organized at the time this Decree enters into force.
Article 21 Omitted.
Article 22 (Relationship with Other Statutes)
Where the former Enforcement Decree of the Housing Act or any provision thereof is cited by other statutes at the time this Decree enters into force, and this Decree contains any provision corresponding thereto, this Decree or the relevant provision of this Decree shall be deemed cited in lieu of the former Enforcement Decree of the Housing Act or the provision thereof.
ADDENDA <Presidential Decree No. 27473, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27555, Oct. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted).
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27780, Jan. 10, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Standing Rules, etc. of Management Rules)
(1) The Mayor/Do Governor shall amend the standing rules of the management rules in conformity with the amended provisions of Article 19 (1) 23 and 23-2 within two months from the enforcement date of this Decree.
(2) The council of occupants' representatives shall amend the management rules in conformity with the standing rules of the management rules amended pursuant to paragraph (1) within four months from the enforcement date of this Decree.
ADDENDA <Presidential Decree No. 28247, Aug. 16, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Standing Rules, etc. of Management Rules)
(1) The Mayor/Do Governor shall amend the standing rules of the management rules in conformity with the amended provision of Article 19 (1) 27 (b) within three months from the enforcement date of this Decree.
(2) Where the council of occupants' representatives intends to open the parking lot to persons other than occupants, etc. pursuant to the amended provision of Article 19 (1) 27 (b), it shall amend the management rules in conformity with the standing rules of the management rules amended pursuant to paragraph (1).