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ENFORCEMENT DECREE OF THE ACT ON REGULATION OF SPECIAL CASES OF STATE PROPERTY

Presidential Decree No. 22817, Apr. 1, 2011

Amended by Presidential Decree No. 26164, Mar. 30, 2015

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Regulation of Special Cases of State Property and those necessary for the enforcement of said Act.
 Article 2 (Elements of Plans for Establishment or Change of Special Cases concerning State Property, etc.)
(1) Each plan for the establishment or change of a special case concerning State property (hereinafter referred to as "plan") submitted under Article 6 (2) of the Act on Regulation of Special Cases of State Property (hereinafter referred to as the "Act") shall include the following:
1. Type of the special case to be established or changed;
2. Purpose of and necessity for the establishment or change of the special case;
3. Details of the special case concerned, including methods for calculating fees, rent, or other charges for the use of or proceeds from State property and the applicable rates; and the period of validity of and the eligibility for the permit to use or the lending of State property;
4. Period of validity of the special case concerned;
5. Proposed enactments or amendments of the statutes that serve as the basis for the special case concerned;
6. Annual funding estimates generated from the special case concerned;
7. Expectancy effect derived from the establishment or change of the special case.
(2) The head of each central government agency under Article 6 (1) of the Act shall examine whether the details of a plan meet the standards described in the subparagraphs of Article 6 (3) of the Act, and append the results of the examination to the relevant plan.
 Article 3 (Disclosure of Findings of Inspection and Assessment)
The Minister of Strategy and Finance shall make available the findings of the inspection and assessment of the results, etc. of operation of special cases concerning State property under Article 7 (1) of the Act on the official website of the Ministry of Strategy and Finance.
 Article 4 (Reports on Actual Outcomes of Operation)
The actual outcomes of operation stated in Article 9 (1) of the Act shall include the following:
1. Outcomes of operation for each type of special cases concerning State property;
2. Detailed outcomes of operation for each of the special cases concerning State property;
3. Funding amount for each of the special cases concerning State property;
4. Current status of establishment, change, or repeal of the special cases concerning State property;
5. Information related to the outcomes of operation of the special cases concerning State property, other than information described in subparagraphs through 4.
 Article 4-2 (Preparation of Expenditure Budget for Special Cases concerning State Property)
When the Minister of Strategy and Finance prepares an expenditure budget for special cases concerning State property under Article 10 (1) of the Act, the following elements shall be included:
1. Categorical analysis to present results obtained for each type of special cases, such as reduction of and exemption from fees, etc. for using State property and transfer of State property;
2. Functional analysis to present results obtained for each area of expenditure;
3. Analysis to present results obtained for each eligible entity classified by public and private sectors;
4. Analysis to present results obtained for each central government agency having jurisdiction over special cases concerning State property.
[This Article Newly Inserted by Presidential Decree No. 26164, Mar. 30, 2015]
 Article 5 (Delegation of Authority)
(1) In accordance with Article 12 (1) of the Act, the Minister of Strategy and Finance shall delegate the conducting of investigation on the status of operating special cases concerning State property, of the affairs regarding inspection and assessment on special cases concerning State property, to the Administrator of the Public Procurement Service.
(2) In order to undertake affairs delegated under paragraph (1), the Administrator of the Public Procurement Service shall prepare a plan for investigating the status of operating special cases concerning State property by the end of each February and report it to the Minister of Strategy and Finance, and notify it to the heads of central government agencies, etc. specified in subparagraph 11 of Article 2 of the State Property Act.
ADDENDUM
This Decree shall enter into force on April 1, 2011.
ADDENDUM <Presidential Decree No. 26164, Mar. 30, 2015>
This Decree shall enter into force on the date of its promulgation.