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ENFORCEMENT DECREE OF THE SPECIAL ACT ON PRIVATE RENTAL HOUSING

Wholly Amended by Presidential Decree No. 26763, Dec. 28, 2015

Amended by Presidential Decree No. 27115, Apr. 29, 2016

Presidential Decree No. 27444, Aug. 11, 2016

Presidential Decree No. 27445, Aug. 11, 2016

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28181, Jul. 11, 2017

Presidential Decree No. 28323, Sep. 19, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Special Act on Private Rental Housing and matters necessary for the implementation of said Act.
 Article 2 (Scope of Quasi-Housing)
“Quasi-housing prescribed by Presidential Decree, such as officetel” in subparagraph 1 of Article 2 of the Special Act on Private Rental Housing (hereinafter referred to as the "Act") means an officetel that meets both of the following requirements (hereinafter referred to as "quasi-housing"): <Amended by Presidential Decree No. 28323, Sep. 19, 2017>
1. An officetel, the area for exclusive use of which does not exceed 85 square meters;
2. An officetel that has a modern kitchen with a water supply and sewage system, and a flush toilet and bathing facilities for exclusive use (or a flush toilet for exclusive use with bathing facilities).
 Article 2-2 (Scope of Housing, Only Part of which is Rent)
"Housing, only part of which prescribed by Presidential Decree is rent" in subparagraph 1 of Article 2 of the Act means a multi-unit house under subparagraph 1 (c) of attached Table 1 of the Enforcement Decree of the Building Act, in which all of the units (referring to the divided parts, each of which is divided for independent use by one household) are rent except the unit in which the rental business entity himself/herself resides.
[This Article Newly Inserted by Presidential Decree No. 28181, Jul. 11, 2017]
 Article 3 (Criteria for Commercial Rental Business Entities)
"Number of units prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act means the number of units or households prescribed as follows: <Amended by Presidential Decree No. 28323, Sep. 19, 2017>
1. In cases of privately-constructed rental housing:
(a) Detached houses: 300 units;
(b) Multi-family housing: 300 households;
(c) Quasi-housing: 300 units;
2. In cases of buy-to-rent private housing:
(a) Detached houses: 100 units;
(b) Multi-family housing: 100 households;
(c) Quasi-housing: 100 units.
CHAPTER II RENTAL BUSINESS ENTITIES AND HOUSING RENTAL MANAGEMENT BUSINESS ENTITIES
 Article 4 (Registration of Rental Business Entities, Reporting on Change of Registered Matters, etc.)
(1) A person who is eligible to be registered as a rental business entity under Article 5 (1) of the Act, shall be as follows. In such cases, housing jointly constructed or owned by at least two persons shall be registered under joint names: <Amended by Presidential Decree No. 27444, Aug. 11, 2016>
1. A person who owns housing to be registered as private rental housing;
2. Any one of the following persons who has a verified plan to acquire housing to be registered as private rental housing:
(a) A person who has obtained approval of a project plan under Article 15 of the Housing Act to construct housing to be registered as private rental housing;
(b) A person who has obtained a building permit under Article 11 of the Building Act to construct housing to be registered as private rental housing.;
(c) A person who has entered into a sales agreement to purchase housing to be registered as private rental housing;
(d) A person who has entered into a parcelling-out contract to purchase housing to be registered as private rental housing;
3. Any one of the following persons, other than those specified in subparagraph 2, who seek to acquire housing to be registered as private rental housing:
(a) A housing construction business entity registered under Article 4 of the Housing Act;
(b) A real estate investment company defined in subparagraph 1 of Article 2 of the Real Estate Investment Company Act (hereinafter referred to as "real estate investment company");
(c) An investment company falling under Article 51-2 (1) 9 of the Corporate Tax Act (hereinafter referred to as "investment company");
(d) A collective investment scheme defined in Article 9 (18) of the Financial Investment Services and Capital Markets Act (hereinafter referred to as "collective investment scheme");
(e) An employer (limited to a corporation) who seeks to construct private rental housing to rent to its employees;
4. A person who has proposed to designate a commercial rental housing supply promotion district (hereinafter referred to as "promotion district") under the main sentence of Article 23 (3) of the Act and the scale of the private rental housing specified in his/her proposal (including acquired rental housing units) exceeds the number of units or households prescribed in subparagraph 1 of Article 3.
(2) Notwithstanding paragraph (1), a person (including a person who was the representative or an executive officer of a corporation when it became insolvent, and a corporation where the representative or executive officer of a corporation at the time of its insolvency or a rental business entity who was a private individual at the time of its insolvency holds the office of the representative or executive officer) who gave rise to insolvency (excluding where he/she has repaid the debts incurred at the time of insolvency and has stabilized the business after the occurrence of insolvency) in private rental housing business or public rental housing business (referring to public rental housing defined in subparagraph 1 (a) of Article 2 of the Special Act on Public Housing) within the last five years, shall not be registered as a rental business entity.
(3) A person who intends to be registered as a rental business entity under Article 5 (1) of the Act shall submit an application for registration to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si, Gun or an autonomous Gu (hereinafter referred to as "head of a Si/Gun/Gu"), whoever is competent, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) Upon receipt of an application made under paragraph (3), the head of a Si/Gun/Gu shall check whether it meets the registration criteria and, if it meets such criteria, enter the applicant's name on the register and issue a certificate of registration to the applicant.
(5) The criteria for registration of a rental business entity mentioned in Article 5 (4) of the Act shall be as follows:
1. Commercial rental business entity: Ownership (or scheduled ownership) of housing, the number of units or households of which conforms to the classification in the subparagraphs of Article 3;
2. General-type rental business entity: Ownership (or scheduled ownership) of housing with at least one unit or household.
(6) Where any matter registered under paragraph (4) is changed, the rental business entity shall report thereon to the head of the competent Si/Gun/Gu (where the address of the rental business entity is changed, referring to the head of the Si/Gun/Gu having jurisdiction over the new address) within 30 days from the date of the event causing such change; and where he/she ceases to have any private rental housing before one month after the registration as a rental business entity or after the expiration of mandatory rental period referred to in Article 43 (1) of the Act (hereinafter referred to as "mandatory rental period"), he/she shall report the cancellation of registration within 30 days.
 Article 5 (Cancellation of Registration of Rental Business Entities)
(1) "Period prescribed by Presidential Decree" in Article 6 (1) 2 of the Act means any of the following periods: Provided, That in the case of a person falling under subparagraph 6, if no promotion district is designated or the designation of a promotion district is revoked or terminated, the registration may be cancelled even during the period specified in subparagraph 6:
1. A person falling under Article 4 (1) 2 (a): Six years from the date of registration as a rental business entity;
2. A person falling under Article 4 (1) 2 (b): Four years from the date of registration as a rental business entity;
3. A person falling under Article 4 (1) 2 (c): Three months from the date of registration as a rental business entity;
4. A person falling under Article 4 (1) 2 (d): Three years from the date of registration as a rental business entity;
5. A person falling under any item of Article 4 (1) 3: Six years from the date of registration as a rental business entity;
6. A person falling under Article 4 (1) 4: Six years from the date of designation of the promotion district.
(2) "Cases prescribed by Presidential Decree, such as temporary failure to meet the criteria for registration" in Article 6 (1) 4 of the Act, means where the number of units or households of private rental housing owned by a commercial rental business entity temporarily falls below the number prescribed in Article 4 (5) 1 due to the sale, etc. of the private rental housing, but begins to meet the criteria within the following period:
1. In cases of privately-constructed rental housing: Two years;
2. In cases of buy-to-rent private housing: Three months.
 Article 6 (Registration of Housing Rental Management Business, Reporting on Changes, etc.)
(1) "Scale prescribed by Presidential Decree" in the proviso to Article 7 (1) of the Act means the following scale:
1. In cases of in-house management type housing rental management business:
(a) Detached houses: 100 units;
(b) Multi-family housing: 100 households;
2. In cases of entrusted-management type housing rental management business:
(a) Detached houses: 300 units;
(b) Multi-family housing: 300 households.
(2) A person who intends to register a housing rental management business under Article 7 (1) of the Act shall submit an application to the head of the competent Si/Gun/Gu, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) Upon receipt of an application under paragraph (2), the head of a Si/Gun/Gu shall check whether it meets the registration criteria mentioned in Article 7 and, if it meets such criteria, enter the applicant's name on the register and issue a certificate of registration to the applicant.
(4) Where any matter registered under paragraph (3) is changed, a housing rental management business entity shall report thereon to the head of the competent Si/Gun/Gu (where the address of the rental management business entity is changed, referring to the head of the Si/Gun/Gu having jurisdiction over the new address) within 15 days from the date of the event causing such change; and where he/she intends to close his/her housing rental management business, he/she shall report the cancellation of registration no later than 30 days before the business closing date.
 Article 7 (Criteria for Registration of Housing Rental Management Business)
The criteria for registration of a housing rental management business under Article 8 of the Act shall be as specified in attached Table 1.
 Article 8 (Temporary Failure to Meet Criteria for Registration of Housing Rental Management Business)
"Cases prescribed by Presidential Decree, such as temporary failure to meet any of the criteria for registration" in the proviso to Article 10 (1) 5 of the Act means any of the following: <Amended by Presidential Decree No. 27115, Apr. 29, 2016>
1. Where a housing rental management business entity fails to meet the paid-in capital requirement prescribed in subparagraph 1 of Article 8 of the Act, but falls under any of the following cases:
(a) Where the court has decided to commence rehabilitation procedures for the relevant housing rental management business entity under Article 49 of the Debtor Rehabilitation and Bankruptcy Act and the procedure is underway;
(b) Where it is acknowledged that no impediment will be caused to the implementation of a rehabilitation plan, being executed by the relevant housing rental management business entity who has been subject to a court decision to discontinue the rehabilitation procedures under Article 283 of the Debtor Rehabilitation and Bankruptcy Act;
(c) Where financial creditors commence proceedings for joint administration of the relevant housing rental management business entity by the council of financial creditors following a resolution by the council of financial creditors under Article 8 of the Corporate Restructuring Promotion Act;
2. Where a corporation subject to the proviso to Article 542-8 (1) of the Commercial Act fails to meet the paid-in capital requirement prescribed in subparagraph 1 of Article 8 of the Act due to a decrease in total assets as at the end of the immediately preceding business year, but begins to meet such requirement within 50 days;
3. Where a housing rental management business entity fails to meet the professional manpower requirement prescribed in subparagraph 2 of Article 8 of the Act due to his/her death, disappearance or retirement, but begins to meet such requirement within 50 days.
 Article 9 (Criteria for Cancellation of Registration, etc. of Housing Rental Management Business)
(1) Where the head of a Si/Gun/Gu intends to cancel the registration of a housing rental management business or suspend the business thereof under Article 10 (1) of the Act, he/she shall notify such fact to the lessors and lessees of the housing units managed by the relevant housing rental management business entity by no later than one month before the scheduled date of such disposition.
(2) The criteria for de-registration of a housing rental management business or suspension of the business thereof under Article 10 (1) of the Act shall be as specified in attached Table 2.
(3) A penalty surcharge to be imposed under Article 10 (2) of the Act shall be 30 thousand won per day during the period of business suspension; and one month shall be deemed to have 30 days in calculating the period of business suspension. In such cases, no penalty surcharge may exceed 10 million won.
 Article 10 (Scope of Affairs of Housing Rental Management Business Entities)
"Affairs prescribed by Presidential Decree" in Article 11 (2) 2 of the Act means the following:
1. Management of residential space where the lessees reside;
2. Affairs necessary to ensure the safety of the lessees;
3. Provision of support necessary for the lessees' occupancy.
 Article 11 (Reporting on Current Status of Housing Rental Management Business Entities)
(1) "Information prescribed by Presidential Decree, such as paid-in capital, professional manpower, number of units he/she manages, etc." in the main sentence of Article 12 (1) of the Act means the following:
1. Paid-in capital;
2. Professional manpower;
3. Location of the office;
4. Number of units and households of the housing managed upon entrustment and the location thereof;
5. Matters concerning the purchase of a guarantee insurance (limited to persons registered an in-house management type housing rental management business (hereinafter referred to as "in-house management type housing rental management business entity"));
6. Information on the terms and conditions of the entrustment contract, such as the period of contract and management commissions.
(2) The head of a Si/Gun/Gu in receipt of the information listed in the subparagraphs of paragraph (1), from a housing rental management business entity pursuant to Article 12 (1) of the Act, shall report it to the Minister of Land, Infrastructure and Transport within 30 days of receipt of such information.
(3) The Minister of Land, Infrastructure and Transport may disclose the information listed in the subparagraphs of Article 12 (3) of the Act based on one of the following methods, pursuant to the same Article:
1. Uploading to a rental housing information system under Article 60 (1) of the Act;
2. Uploading to an electronic information processing system under Article 32 (1) of the Building Act.
 Article 12 (Entrustment Contract)
"Matters prescribed by Presidential Decree, such as the contract period and obligations of the housing rental management business entity" in Article 13 (2) of the Act, means the following:
1. Management commissions (only applicable to a person who has an entrusted-management type housing rental management business registered (hereinafter referred to as "entrusted-management type housing rental management business entity"));
2. Rents (only applicable to an in-house management type housing rental management business entity);
3. Rents and deposit for sublease (only applicable to an in-house management type housing rental management business entity);
4. Contract period;
5. Matters concerning the rights and duties of a housing rental management business entity and a lessee;
6. Other details of services provided for the convenience of a lessor and a lessee in addition to the duties of a housing rental management business entity prescribed in Article 11 (1) of the Act.
 Article 13 (Purchase of Guarantee Instruments by Housing Rental Management Business Entities)
(1) Pursuant to Article 14 (1) of the Act, an in-house management type housing rental management business entity shall purchase a guarantee instrument that provides the following guarantees:
1. A guarantee for protection of lessor's rights: A guarantee that assumes responsibility to pay agreed rents for at least three months, if the housing rental management business entity fails to pay such rents;
2. A guarantee for protection of lessee's rights: A guarantee that assumes responsibility to return a rental deposit, if the housing rental management business entity breaches his/her obligation to return the rental deposit.
(2) When concluding a housing rental management contract with a lessor or a housing rental agreement with a lessee, the in-house management type housing rental management business entity shall deliver a written guarantee evidencing the purchase of a guarantee instrument specified in the subparagraphs of paragraph (1) to the lessor or lessee.
(3) A written guarantee under paragraph (2) shall be issued by any of the following institutions:
1. The Korea Housing and Urban Guarantee Corporation established under Article 16 of the Housing and Urban Fund Act;
2. A financial institution designated and publicly notified by the Minister of Land, Infrastructure and Transport, among the following financial institutions:
(a) A bank established under the Banking Act;
(b) The Industrial Bank of Korea established under the Industrial Bank of Korea Act;
(c) A mutual savings bank established under the Mutual Savings Banks Act;
(d) An insurance company established under the Insurance Business Act;
(e) Other institutions engaging in financial business under other Acts, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) An in-house management type housing rental management business entity who changes any details of, or terminates, a guarantee instrument specified in the subparagraphs of paragraph (1), shall notify such fact to the lessors and lessees and post it at a place easily visible to the lessors and lessees, such as the office of the in-house management type housing rental management business entity.
CHAPTER III CONSTRUCTION OF PRIVATE RENTAL HOUSING
 Article 14 (Methods, etc. of Preferential Supply of Land, etc.)
(1) A supply (referring to sale or lease; hereinafter the same shall apply) of land and previous real estate under Article 18 (2) of the Act shall be made with the price thereof determined and the person to receive such estate selected subsequently.
(2) In selecting a person to receive land and previous real estate under paragraph (1), only those persons whose performance record of housing projects, construction capability, etc. meet or exceed the eligibility requirements shall be qualified for the competition: Provided, That where necessary for the prompt supply of land, etc., drawing of lots may be used as prescribed by the Minister of Land, Infrastructure and Transport.
(3) In any of the following cases, land and previous real estate may be supplied under free contract, notwithstanding paragraph (2):
1. Where they are supplied to a real estate investment company, more than 50% of the total equity of which is held solely or jointly by any of the following persons:
(a) The State;
(b) A local government;
(c) The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act (hereinafter referred to as the "Korea Land and Housing Corporation");
(d) A local government-invested public corporation incorporated under Article 49 (1) of the Local Public Enterprises Act (hereinafter referred to as "local public corporation");
(e) A real estate investment company or collective investment scheme invested in and incorporated by a person falling under any of items (a) through (d);
2. Where the head of a local government supplies land owned by the relevant local government or a local public corporation to a person selected by public invitation in order to promote the supply of private rental housing in the area under his/her jurisdiction;
3. Where the supply under paragraph (2) has not been realized on at least two occasions;
4. Other cases where the supply may be made under free contract under any relevant statute, such as the Public Officials Pension Act and the Korea Veterans Health Service Act.
(4) "Ratio prescribed by Presidential Decree" in the main sentence of Article 18 (3) of the Act means three percent. <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
(5) "Size prescribed by Presidential Decree" in the proviso to Article 18 (3) of the Act means 150,000 square meters. <Newly Inserted by Presidential Decree No. 28181, Jul. 11, 2017>
(6) "Period prescribed by Presidential Decree" in Article 18 (4) of the Act means two years.
(7) Except as expressly provided for in paragraphs (1) through (6), detailed matters necessary for the supply of land and previous real estate (hereinafter referred to as “land, etc.”) under Article 18 (1) through (3) of the Act, shall be prescribed by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
 Article 15 (Criteria and Procedures for Repurchase, etc. of Land, etc.)
(1) A person who supplies land, etc. under Article 18 (1) through (3) of the Act shall supply such land, etc. attaching a special condition that the land, etc. may be repurchased or the relevant rental agreement may be revoked or terminated, if the purchaser fails to commence the construction of private rental housing within two years from the date such land, etc. are supplied under Article 18 (4) of the Act. In such cases, the special agreement for repurchase shall be registered.
(2) When the construction of private rental housing is commenced on the relevant land, etc., a person supplied with such land, etc. under Article 18 (1) through (3) of the Act shall notify such fact to the person who supplied the land, etc. by appending documents evidencing such fact.
(3) Where a person supplied with land, etc. fails to give notice under paragraph (2), within one year and six months from the date of supply of the land, etc., the person who supplied the relevant land, etc. under Article 18 (1) through (3) of the Act, shall demand such person to commence the relevant construction without delay.
 Article 16 (Application for Designation as Public Business Entities, etc.)
(1) "Number of units prescribed by Presidential Decree" in the main sentence of Article 20 (1) of the Act, means 100 units in cases of detached houses, and 100 units in cases of multi-family housing.
(2) A rental business entity who intends to apply for designation under subparagraph 5 of Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects in accordance with Article 20 (1) of the Act, shall submit a project plan to the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor, whoever is competent (hereinafter referred to as "Mayor/ Do Governor"), along with the following documents:
1. A map on which the land for the project is indicated;
2. A document evidencing that the entity has purchased at least 80 percent of the land for the project (including where he/she has obtained consent for such purchase from the landowners; hereafter the same shall apply in subparagraph 3);
3. A map indicating the land that could not be purchased, of the land for the project;
4. A document indicating the detailed items of the land that could not be purchased, of the land for the project.
 Article 17 (Special Cases concerning the National Land Planning and Utilization Act, etc.)
(1) "Ratio prescribed by Presidential Decree" in the proviso to the main sentence of Article 21 of the Act means 50 percent.
(2) In cases of a tenement house defined in subparagraph 2 (b) of attached Table 1 of the Enforcement Decree of the Building Act or a multi-household house defined in subparagraph 2 (c) of the same Table, construction of a house consisting of up to five floors is allowed, subject to the deliberation of a building committee established under Article 4 of the Building Act pursuant to subparagraph 3 of Article 21 of the Act.
CHAPTER IV COMMERCIAL RENTAL HOUSING SUPPLY PROMOTION DISTRICT
 Article 18 (Criteria and Procedures for Designation of Promotion Districts)
(1) "Size prescribed by Presidential Decree" in Article 22 (1) of the Act means any of the following sizes: <Amended by Presidential Decree No. 28323, Sep. 19, 2017>
1. In cases of an urban area defined in subparagraph 1 of Article 6 of the National Land Planning and Utilization Act (hereinafter referred to as "urban area"): 5,000 square meters;
2. In cases of the following areas adjacent to an urban area: 20,000 square meters:
(a) An area bordering an urban area;
(b) An area, the border line of which is separated from an urban area by a road, river, etc., but the connection with, or utilization of, surrounding infrastructure of an urban area, such as roads, tap-water, sewerage system, and schools, is ensured;
3. In cases of a site that covers both an urban area and an area falling under any item of subparagraph 2: 20,000 square meters;
4. In cases of other areas: 100,000 square meters.
(2) "Ratio prescribed by Presidential Decree" in the latter part of Article 22 (2) of the Act means 60 percent. <Newly Inserted by Presidential Decree No. 28181, Jul. 11, 2017>
(3) Upon designating a promotion district under Article 22 (1) of the Act, the Mayor/Do Governor shall report such fact to the Minister of Land, Infrastructure and Transport.
(4) In either of the following cases, the Minister of Land, Infrastructure and Transport may designate a promotion district under Article 22 (3) of the Act: <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
1. Where he/she intends to designate a promotion district extending over two or more Special Metropolitan City, Metropolitan Cities, Metropolitan Autonomous City, and Dos (including where the relevant Mayors/Do Governors who have failed to reach agreement request the Minister of Land, Infrastructure and Transport to designate a promotion district);
2. Other cases where it is necessary to construct and supply commercial rental housing for residential stability.
(5) Except as expressly provided for in paragraphs (1) through (4), detailed matters necessary for the designation of a promotion zone shall be prescribed by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
 Article 19 (Insignificant Modification of Promotion Districts)
"Minor matters prescribed by Presidential Decree such as increasing or decreasing the size of a promotion district by not more than ten percent" in the proviso to Article 24 (3) of the Act means either of the following:
1. Where the size of a promotion district is increased or decreased by up to ten percent;
2. Where mistaken or missed area is corrected as a result of survey.
 Article 20 (Hearing Opinion of Residents, etc.)
(1) If a person authorized to designate a promotion district under Article 22 of the Act (hereinafter referred to as "designation authority") intends to hear the opinions of residents, relevant experts, etc. on the designation of a promotion district under Article 25 of the Act, he/she shall send copies of the relevant documents to the head of the Si/Gun/Gu having jurisdiction over the relevant area.
(2) The head of a Si/Gun/Gu in receipt of documents under paragraph (1), shall publicly announce the following information through the official report, website, etc. of the relevant local government without delay, and make such documents available to the general public for inspection for at least 14 days from the date of public announcement:
1. Name, location, and size of the promotion district;
2. Period and methods of inspection of the relevant documents.
(3) A person who has an opinion on the designation of a housing district may submit it in writing to the head of the competent Si/Gun/Gu during the inspection period prescribed in paragraph (2).
(4) Where any opinions are submitted under paragraph (3), the head of a Si/Gun/Gu shall compile the opinions and send them to the designation authority; and even if no opinion is submitted, he/she shall notify such fact to the designation authority.
(5) Notwithstanding paragraphs (1) through (4), in any of the following cases, the designation authority may directly hear the opinions of residents, relevant experts, etc. or have the competent Mayor/Do Governor (excluding the Special Self-Governing Province Governor) do so. In such cases, paragraphs (2) through (4) shall apply mutatis mutandis:
1. Where a promotion district extends over at least two Sis/Guns or autonomous Gus;
2. Where the head of a Si/Gun/Gu in receipt of the relevant documents under paragraph (1) fails to make a public announcement under paragraph (2).
 Article 20-2 (Modification of Important Matters)
"Modification of important matters prescribed by Presidential Decree" in the latter part of Article 25 (1) of the Act means any of the following modifications:
1. Replacement of a project implementer under Article 23 (4) of the Act;
2. Increase or decrease of the area of a promotion district publicly notified pursuant to Article 26 (1) of the Act by more than ten percent.
[This Article Newly Inserted by Presidential Decree No. 28181, Jul. 11, 2017]
 Article 21 (Public Notification, etc. of Designation, etc. of Promotion District)
(1) Upon designating a promotion district, the designation authority shall publicly notify the following information in the Official Gazette or Official Report pursuant to Article 26 (1) of the Act: <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
1. Name, location, and size of the promotion district;
2. Date of designation of the promotion district;
3. Type of the project;
4. Name and location of the implementer of a commercial rental housing project designated under Article 23 (1) of the Act (hereinafter referred to as "project implementer") and the name of the representative;
5. Locations, lot numbers, land categories, and sizes of the land, goods, and rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, which shall be expropriated or used; details of ownership and non-ownership rights therein; and the names (in cases of corporations, referring to the names thereof) and addresses of the owners and right-holders thereof;
6. Matters concerning an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act (hereinafter referred to as "urban or Gun management plan") (including matters deemed determined as an urban area and a district-unit planning district under Article 26 (9) of the Act);
7. Methods of inspecting relevant documents.
(2) Upon making any modification to a promotion district, the designation authority shall publicly notify the modified matters, of those matters prescribed in the subparagraphs of paragraph (1), and the grounds for the modification in the Official Gazette or Official Report.
 Article 22 (Activities Subject to Permission, etc.)
(1) A person who intends to engage in any of the following activities in the area where a public announcement, etc. is made for hearing the opinions of residents, etc. on the designation of a promotion district under Article 25 (1) of the Act or in a promotion district shall obtain permission from the head of the competent Si/Gun/Gu under Article 26 (3) of the Act:
1. Construction, etc. of a building: Construction, substantial repair, or alteration of the purpose of use of a building defined in Article 2 (1) 2 of the Building Act (including temporary buildings);
2. Installation of an artificial establishment: Installation of an establishment manufactured by adding artificiality (excluding buildings defined in Article 2 (1) 2 of the Building Act);
3. Changing the form and quality of land: Changing the shape of land by excavating, filling, clearing, paving, etc. the ground, or drilling the ground or reclaiming public waters;
4. Gathering of earth and stones: Gathering earth, sand, gravels, rocks, etc. (excluding where such an act is conducted for the purpose of changing the form and quality of land described in subparagraph 3);
5. Division or amalgamation of land;
6. Piling of goods: Piling goods which are not easy to move for at least one month;
7. Cutting or planting of bamboo.
(2) Where a project implementer has been designated as at the time the head of a Si/Gun/Gu intends to permit any of the acts prescribed in paragraph (1) under Article 26 (3) of the Act, he/she shall hear the project implementer's opinion beforehand.
(3) "Activities prescribed by Presidential Decree, such as changing the form and quality of land for farming" in Article 26 (4) 2 of the Act means any of the following activities, not subject to permission for development activities under Article 56 of the National Land Planning and Utilization Act:
1. Changing the form and quality of land for farming;
2. Installing simple structures directly used for the production of agricultural, forest, or marine products, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
3. Gathering earth and stones to the extent not hindering the development of the promotion district and natural landscape;
4. Piling of goods on a site determined to be maintained in the promotion district;
5. Temporarily planting ornamental bamboo (excluding temporary planting on a farm land).
(4) A person who intends to report under Article 26 (5) of the Act shall submit a written report to the head of the competent Si/Gun/Gu along with the documents stating the status of progress of, and the implementation plan for, the relevant construction works or project, within 30 days from the date on which the promotion district is designated and publicly notified.
 Article 23 (Revocation of Designation of Promotion Districts)
Where a designation authority revokes designation of a promotion district under Article 27 (1) of the Act, he/she shall publicly notify the following information in the Official Gazette or Official Report:
1. Name, location, and size of the promotion district;
2. Date of designation of the promotion district and date of the revocation thereof;
3. Grounds for revoking the designation of the promotion district;
5. Matters concerning the reinstatement or discontinuance of the use of a special-purpose area, special-purpose district, special-purpose zone, district-unit planning zone, or an urban or Gun planning facilities under the National Land Planning and Utilization Act (including matters concerning the urban or Gun planning facilities, the project or construction of which will be continued until after the designation of the promotion district under Article 27 (3) of the Act is revoked);
6. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 24 (Approval, etc. of District Plan)
(1) "Modification of any insignificant matters prescribed by Presidential Decree" in the latter part of Article 28 (1) of the Act means any of the following changes or correction: <Newly Inserted by Presidential Decree No. 28181, Jul. 11, 2017>
1. Changing the location of the project implementer;
2. Changing the structure, total floor area, etc. of a building intended to be maintained in the promotion district (limited to cases where the change does not accompany any change in the land-use plan);
3. Correcting an erroneous area of the promotion district caused by a mistake, without changing the boundary of the promotion district;
4. Changing the area of a promotion district according to a result of conducting a cadastral confirmation survey defined in subparagraph 4-2 of Article 2 of the Act on the Establishment. Management, etc. of Spatial Data.
(2) "Matters prescribed by Presidential Decree, including district-unit plans" in Article 28 (1) 8 of the Act means the following: <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
1. An urban or Gun management plan (including a district-unit plan (referring to a district-unit plan defined in subparagraph 5 of Article 2 of the National Land Planning and Utilization Act; hereinafter the same shall apply));
2. A plan for supply of integrated energy;
3. A disaster prevention plan;
4. A plan for expropriation and use of the land, goods and rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (including a plan for disposal of buildings or artificial establishments to be maintained);
5. A plan for vesting public facilities;
6. A plan for supervision of construction works;
7. A plan for supply of developed land.
(3) A project implementer who intends to obtain approval of a plan for a commercial rental housing supply promotion district (hereinafter referred to as "district plan") under the former part of Article 28 (1) of the Act, shall submit a written application to the designation authority, along with the following documents. In such cases, the designation authority shall verify the land registration map of the project area by sharing administrative information under Article 36 (1) of the Electronic Government Act: <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
1. A location map of the project area;
2. A drawing on which a land-use plan is stipulated on a topographical map or land registration map the scale of which is 1 to 5,000 or larger;
3. Outline designs and specifications;
4. Related documents and drawings necessary for determining an urban or Gun management plan (including district-unit plans);
5. Documents necessary for consulting with the head of a relevant administrative agency under Article 29 (3) of the Act;
6. A plan for supply of developed land including the following information:
(a) Location and size of the developed land;
(b) Persons to receive the developed land and methods of selecting them;
(c) Time frame, methods, and terms and conditions of the supply;
(d) Methods of determining supply prices;
(e) Current status of land owned by the project implementer (land for which an application for adjudication is filed under Article 28 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and land to be vested in the project implementer without compensation under applicable statutes shall be deemed owned by the project implementer);
(f) Current status of land on which the project implementer plans to construct a building directly for use or supply;
(g) Other matters necessary for the supply of developed land;
7. Specific uses of developed land specified in the land-use plan, and drawings divided by persons to receive such land.
(4) A project implementer who intends to obtain approval for modification of a district plan pursuant to the latter part of Article 28 (1) of the Act shall submit an application to the designation authority along with the documents related to the modified matters, among documents stipulated in subparagraphs of paragraph (3). In such cases, the designation authority shall verify the land registration map of the project area by sharing administrative information under Article 36 (1) of the Electronic Government Act. <Newly Inserted by Presidential Decree No. 28181, Jul. 11, 2017>
(5) A project implementer who has made any modification or correction that falls under any subparagraph of paragraph (1) shall notify the details thereof to the designation authority without delay. <Newly Inserted by Presidential Decree No. 28181, Jul. 11, 2017>
(6) Except as expressly provided for in paragraphs (1) through (4), detailed matters necessary for the preparation of a district plan shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
(7) Public notification of a district plan under Article 28 (4) of the Act shall be made by publication of the following information in the Official Gazette or Official Report: Provided, That such public notification may be omitted if information to be publicly notified under subparagraph 3 is the same as information publicly notified under Article 21 (1) 5, but the full executive summary shall be disclosed: <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
1. Matters prescribed in the subparagraphs of Article 28 (1) of the Act;
2. Matters prescribed in subparagraphs 1 through 4 of Article 7 of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (limited to where a promotion district is designated in a development restriction zone);
3. Locations, lot numbers, land categories and sizes of the land, goods, and rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects which shall be expropriated or used; details of the ownership and rights other than ownership thereof; and the names (in cases of corporations, referring to the trade names) and addresses of the owners and right-holders thereof.
 Article 25 (Special Cases concerning Related Acts)
"Period prescribed by Presidential Decree" in Article 30 (1) of the Act means 90 days.
 Article 26 (Special Cases concerning Development-Restriction Zones)
Where an area released from the designation of a development-restriction zone is reinstated to a development-restriction zone under Article 31 (2) of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify such reinstatement of the development-restriction zone and the grounds for the reinstatement in the Official Gazette under paragraph (3) of the same Article.
 Article 27 (Organization and Operation of Committee for Integrated Deliberation of Commercial Rental Housing)
(1) "Public officials prescribed by Presidential Decree" in Article 32 (3) 1 of the Act means public officials of Grade V or higher, directly appointed by a designation authority from among the public officials working for the authority, or appointed upon the recommendation of the Minister of Land, Infrastructure and Transport or the heads of administrative agencies concerned.
(2) A project implementer who intends to undergo an integrated deliberation of the committee for integrated deliberation of commercial rental housing established under Article 32 (1) of the Act (hereinafter referred to as "Integrated Deliberative Committee") pursuant to Article 32 (6) of the Act, shall submit documents relating to the subparagraphs of Article 32 (1) of the Act to the designation authority after receiving written opinions of the relevant institutions under Article 32 (7) of the Act. In such cases, a final opinion on the written opinions of the institutions concerned may be appended.
 Article 28 (Exclusion, Challenge, or Abstention of Members)
(1) A member of the Integrated Deliberative Committee falling under any of the following cases, shall be excluded from the deliberation and resolution process of the Integrated Deliberative Committee:
1. Where the member or a current or former spouse of the member becomes a party to the relevant agenda item (where the party is a corporation, organization, etc., including the executive officers thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) or is holding any right or duty jointly with the party to such agenda item;
2. Where the member is a relative of a party to the relevant agenda item;
3. Where the member has given any testimony, statement, advice, or conducted any research, service, or appraisal with respect to the relevant agenda item;
4. Where the member or the corporation or organization where he/she belongs is a current or former agent of a party to the relevant agenda item.
(2) If any ground exists making it difficult to expect fair deliberation and resolution process from a member, a party to the relevant agenda item may file a challenge against such member with the Integrated Deliberative Committee, and the Integrated Deliberative Committee shall make a decision on such challenge by its resolution. In such cases, the member against whom the challenge is filed shall not participate in the resolution.
(3) A member who falls under any ground for exclusion specified in the subparagraphs of paragraph (1) shall voluntarily abstain from the deliberation and resolution process of the relevant agenda item.
 Article 29 (Removal of Members)
Where a member commissioned under Article 32 (3) 2 of the Act falls under any of the following cases, the relevant designation authority may remove such member from office:
1. Where he/she becomes incapable of performing his/her duties due to physical or mental disorder;
2. Where he/she has conducted any misdeed in connection with his/her duties;
3. Where he/she is deemed unsuitable for membership due to neglect of duties, loss of dignity, or similar ground;
4. Where he/she fails to abstain from the deliberation and resolution process despite falling under a case set forth in the subparagraphs of Article 28 (1);
5. Where he/she himself/herself declares having difficulty in performing his/her duties.
 Article 30 (Special Cases, etc. concerning Procedures for Designation of Promotion Districts)
(1) "Size prescribed by Presidential Decree" in the main sentence of Article 33 (1) and (2) of the Act means 100 thousand square meters, respectively.
(2) "Land-use plan and other matters prescribed by Presidential Decree" in Article 33 (3) of the Act means any of the following:
1. A land-use plan;
2. An outline project plan;
3. Documents stating the locations, lot numbers, land categories and sizes of the land, goods and rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, which shall be expropriated or used; details of the ownership and rights other than ownership thereof; and the names (in cases of corporations, referring to the trade names) and addresses of the owners and right-holders thereof;
4. Written consent of the landowners provided for in Article 23 (3) of the Act;
5. An outline housing construction project plan;
6. Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 30-2 (Methods of Calculating Number of Consenters, etc.)
(1) The base date of calculation of requirements for obtaining consent from landowners for the expropriation or use of land, etc. under the main sentence of Article 34 (1) of the Act (hereinafter referred to as "base date of calculation") shall be the date the designation of a promotion district is publicly notified pursuant to Article 21 (1).
(2) The number of landowners under paragraph (1) shall be based on the landowners registered on the land register referred to in Article 14 (1) of the Registration of Real Estate Act, and shall be calculated according to the following standards:
1. Where one parcel of land is jointly owned by two or more persons: One representative of the joint owners who has obtained consent from other joint owners shall be counted as one landowner: Provided, That each of the sectional owners defined in subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings shall be respectively counted as one landowner;
2. Where one person owns a number of parcels of land: The landowner shall be counted as one person regardless of the number of parcels of land.
(3) A landowner may express his/her intention for consent or objection for all of the land he/she owns, and partial agreement on part of the owned land shall not be accepted.
(4) If a landowner gives consent or withdraws his/her consent, he/she shall submit a written consent or withdrawal of consent in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the project implementer, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), the procedures for giving consent and other necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.
[This Article Newly Inserted by Presidential Decree No. 28181, Jul. 11, 2017]
 Article 31 (Special Cases concerning Construction of Commercial Rental Housing in Promotion Districts)
(1) "Facilities prescribed by Presidential Decree, such as recreational facilities and general accommodation facilities" in the main sentence of Article 35 (1) 1 of the Act means the following facilities specified in attached Table 1 of the Enforcement Decree of the Building Act: <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
1. Public pubs and massage parlors among Class 2 neighborhood living facilities;
2. Assembly halls and auditoriums among cultural and assembly facilities;
3. Wholesale markets among sales facilities;
4. Isolation hospitals among medical facilities;
5. General lodging facilities among lodging facilities, living lodging facilities, and communal living facilities;
6. Amusement facilities;
7. Factories;
8. Warehouse facilities;
9. Storage and treatment facilities for hazardous substances;
10. Facilities relating to motor vehicles: Motor vehicle-related facilities;
11. Animal and plant-related facilities;
12. Resource recycling facilities;
13. Correctional and military facilities;
14. Power generating facilities;
15. Graveyard-related facilities;
16. Funeral facilities;
17. Campground facilities;
18. Other facilities similar to those stipulated in subparagraphs 1 through 17, deemed by the designation authority to cause hindrance to the residential environment taking into account the results of the examination and deliberation by the committees or commission referred to in each subparagraph of Article 32 (8) of the Act.
(2) Where a tenement house defined in subparagraph 2 (b) of attached Table 1 of the Enforcement Decree of the Building Act or a multi-household house defined in subparagraph 2 (c) of the same Table, has undergone deliberation by a building committee established under Article 4 of the Building Act, construction of a house of up to five floors is allowed, subject to the deliberation of a building committee established under Article 4 of the Building Act pursuant to Article 35 (1) 4 of the Act.
(3) In accordance with Article 35 (2) of the Act, a designation authority shall apply the following relaxed standards in a promotion district, notwithstanding the subparagraphs of the same Article 35 (2):
1. Landscaping of a site: Notwithstanding the main sentence of Article 27 (3) of the Enforcement Decree of the Building Act, total landscaped area of the rooftop shall be calculated as the landscaped area;
2. Height of a building: Where the height is determined within a specific block by a district-unit plan, the height within such specific block shall be deemed designated and publicly announced under Article 60 (1) of the Building Act;
3. Urban parks or greenbelts:
(a) Where the size of the promotion district is less than 100 thousand square meters: The obligation to secure an urban park or a green belt shall be exempted;
(b) Where the size of a promotion district is at least 100 thousand square meters: An urban park or a green belt shall be secured, with a size exceeding three square meters per unit and household or five percent of the size of the promotion district, whichever is larger;
4. Standards for housing construction: Articles 13, 31 and 50 of the Regulations on Standards, etc. for Housing Construction shall not apply to an area within a one-kilometer radius from a railroad station constructed and operated under the Railroad Construction Act, the Framework Act on Railroad Industry Development, or the Urban Railroad Act, which has undergone deliberation by a building committee established under Article 4 of the Building Act.
 Article 32 (Supply of Developed Land)
(1) A project implementer shall supply developed land according to the following classification:
1. Sites for housing construction, classified as follows:
(a) A site for construction of private rental housing;
(b) A site for construction of public housing (referring to public housing defined in subparagraph 1 of Article 2 of the Special Act on Public Housing);
(c) A site for construction of housing for sale in lots;
2. Sites for infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act;
3. Sites for sales and business facilities;
4. Other sites for facilities.
(2) In supplying sites for housing construction, the project implementer shall pre-determine the prices and supply them by drawing of lots: Provided, That in cases of a site for construction of private rental housing, the project implementer may restrict the eligibility requirements of the persons to receive the sites or attach conditions for the supply.
(3) In supplying sites for specific facilities prescribed by the Minister of Land, Infrastructure and Transport, such as sites for social welfare facilities or medical facilities, the project implementer may restrict the eligibility requirements of the persons to receive the sites.
(4) In supplying sites to be used for profit-making purposes, such as sites for sales facilities or business facilities, the project implementer shall supply them through competitive bidding.
(5) Notwithstanding paragraphs (2) through (4), a project implementer may provide a site under free contract in any of the following cases: <Amended by Presidential Decree No. 28323, Sep. 19, 2017>
1. Where the project implementer supplies a site for construction of public rental housing to a public housing business entity (referring to a public housing business entity under Article 4 of the Special Act on Public Housing; hereinafter the same shall apply);
2. Where the project implementer supplies a site for public facilities, etc. that cannot be sold to the general public, such as roads, parks, and buildings for public use, to the State, a local government, or any other person eligible to install the relevant facilities under any statute;
3. Where the project implementer supplies the relevant land to a person who has transferred the entire land owned (limited to any of the following cases) in the promotion district to the project implementer in response to consultation held under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, in accordance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:
(a) Where the land has been owned since before the date of public announcement referred to in Article 20 (2);
(b) Where the entire land has been acquired from the owner of the land falling under item (a) on or after the date of public announcement referred to in Article 20 (2);
(c) Where the land has been acquired by a decision of a court or by inheritance on or after the date of public announcement referred to in Article 20 (2);
4. Where the project implementer deems it inevitable to supply the relevant land to an owner, etc. of adjacent land, as the utility value of the land is remarkably low in light of its size, shape, geographical conditions, etc.;
5. Where the supply under paragraphs (2) through (4) has not been realized on at least two occasions;
6. Other cases where land may be supplied under free contract under any relevant statute, such as the Public Officials Pension Act and the Korea Veterans Health Service Act.
(6) Except as expressly provided for in paragraphs (1) through (5), necessary matters relating to the methods of supply, standards for the supply prices, etc. of developed land shall be prescribed by the Minister of Land, Infrastructure and Transport.
(7) A project implementer who intends to supply developed land shall publicly announce the following matters: Provided, That this shall not apply where individual notice has already been given where persons to receive such land are specified or the qualifying eligible persons are restricted:
1. Name and address of the project implementer and the name of its representative;
2. Location, size, and specific use of the land (where the land use is restricted, including details of such restriction);
3. Time frame, methods, and terms and conditions of the supply;
4. Supply prices and methods of determining the prices;
5. Eligibility requirements of persons to receive the developed land and methods of selecting them;
6. Time and place for application for supply;
7. Documents required when filing an application for supply.
 Article 33 (Supervision)
Upon issuing a disposition or an order under Article 40 (1) of the Act, the designation authority shall publicly notify the following information in the Official Gazette or Official Report under Article 40 (3) of the same Act:
1. Name of the promotion district or project;
2. Name and address of the project implementer and the name of the representative;
3. Location and size of the land for the project;
4. Details and grounds for the disposition or order.
CHAPTER V SUPPLY, RENTAL AGREEMENT, AND MANAGEMENT OF PRIVATE RENTAL HOUSING
 Article 33-2 (Reporting on Supply of Private Rental Housing)
A rental business entity who intends to supply private rental housing in accordance with Article 42 (3) of the Act shall submit a written report in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the head of the competent Si/Gun/Gu, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, at least ten days before the date he/she intends to recruit lessees.
[This Article Newly Inserted by Presidential Decree No. 28181, Jul. 11, 2017]
 Article 34 (Mandatory Rental Period, etc. of Private Rental Housing)
(1) "Time prescribed by Presidential Decree, such as the date of registration as a rental business entity" in Article 43 (1) of the Act, means any of the following time frames: <Amended by Presidential Decree No. 28323, Sep. 19, 2017>
1. Privately-constructed rental housing: The commencement date of the period designated for occupancy. In such cases, if no period designated for occupancy is set, it refers to the actual lease commencement date stipulated in the first rental agreement concluded on or after the registration as a rental business entity under Article 5 of the Act;
2. Buy-to-rent private housing: Date of registration as a rental business entity: Provided, That in cases of housing the lease of which commences as of the date of registration as a rental business entity, it shall be the actual lease commencement date stipulated in the rental agreement;
3. Where a report on change of short-term rental housing to commercial rental housing or quasi-public rental housing is filed pursuant to the main sentence of Article 5 (3) of the Act: The time frame classified as follows:
(a) Where a report on change is filed before the expiration of mandatory rental period of short-term rental housing: The time referred to in subparagraph 1 or 2 which applies to the short-term rental housing;
(b) Where a report on change is filed after the expiration of mandatory rental period of short-term rental housing: The date obtained by counting the mandatory rental period of the relevant short-term rental housing backward from the date of acceptance of the report on change.
(2) "Economic situation, etc. prescribed by Presidential Decree" in Article 43 (4) of the Act means any of the following cases: Provided, That subparagraphs 3 and 4 shall apply only to a commercial rental housing business entity:
1. Where loss is incurred for two consecutive years;
2. Where negative operating cash flow has accrued for two consecutive years;
3. Where at least 20 percent of the total number of units of private rental housing of the relevant rental business entity has been without tenants during the last 12 months, and specific private rental housing has remained vacant during the same period;
4. Where it is difficult to continue the private rental business because the relevant private rental housing is scheduled to be demolished due to a project for redevelopment, rebuilding, etc. under any relevant statute.
(3) Where the head of a Si/Gun/Gu intends to permit transfer under Article 43 (4) of the Act on the ground prescribed in paragraph (2) 3 or 4, the permission shall be granted only for the housing in regards to which the relevant ground has occurred.
 Article 35 (Revocation, Termination, etc. of Rental Agreements)
If a lessee falls under any of the following cases, the rental business entity may revoke, terminate, or refuse to renew, the rental agreement even during the mandatory rental period under Article 45 of the Act:
1. Where he/she obtains the tenacy for the private rental house by fraudulent or other unjust means;
2. Where he/she fails to take occupancy in the private rental house within three months from the time prescribed in the subparagraphs of Article 34 (1) without fault attributable to the rental business entity;
3. Where he/she fails to pay the monthly rent for at least three consecutive months;
4. Where he/she alters, expands or modifies the private rental house or any of its ancillary facilities, or uses it for a purpose other than the original purpose without obtaining consent from the rental business entity;
5. Where he/she intentionally damages or demolishes the private rental house or any of its ancillary facilities;
6. Where he/she fails to fulfill the obligations specified in the standard form rental agreement under Article 47 of the Act.
 Article 36 (Reporting on Rental Agreements)
(1) Matters to be reported by a rental business entity to the head of a Si/Gun/Gu under Article 46 (1) of the Act shall be as follows:
1. Rental period;
2. Rents;
3. Amount of loans obtained to acquire the ownership of private rental housing (limited to buy-to-rent private housing);
4. Current status of lessees (limited to quasi-housing).
(2) A rental business entity who intends to report the matters specified in the subparagraphs of paragraph (1) shall submit a report to the head of the Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing or the head of the Si/Gun/Gu having jurisdiction over the place of the domicile of the rental business entity, along with the standard form rental agreement under Article 47 of the Act, within three months from the date the rental agreement is concluded (in cases of a report on change, referring to the date of such change).
(3) Where the head of the Si/Gun/Gu having jurisdiction over the place of the domicile of a rental business entity receives a report under paragraph (2), he/she shall transfer it immediately to the head of the Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing.
(4) Upon receipt of a report pursuant to paragraph (2) or (3), the head of the Si/Gun/Gu (referring to the head of the Si/Gun/Gu having jurisdiction over the location of the private rental housing; hereafter the same shall apply in paragraph (5)) shall verify the details of such report and record them in the ledger of reports on the terms of the rental within ten days from the date of receipt of such report, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and issue a certificate of reporting on the terms of rental, to the reporting person.
(5) The head of a Si/Gun/Gu shall publicly announce the terms of rental reported by a rental business entity pursuant to Article 46 (1) of the Act in the public report of the relevant local government by no later than the end of the month following the end of each quarter.
 Article 37 (Obligation to Explain, Method of Confirmation, etc.)
(1) "Matters prescribed by Presidential Decree, such as the guarantee period for rental deposit under Article 49 of the Act" in Article 48 (1) 1 of the Act means the following:
1. Amount of guarantee coverage;
2. Guarantee period;
3. Calculation method and amount of the guarantee fee, its apportionment ratio, and method of payment;
4. Matters concerning the refund or additional payment of the guarantee fee where the rental agreement is revoked or terminated, or the rental deposit is increased or decreased, during the guarantee period;
5. Matters concerning the redemption of guarantee where the grantee period expires during the rental agreement period.
(2) The title relationship that a rental business entity shall explain and obtain confirmation on under Article 48 (1) 2 of the Act shall be as follows:
1. Matters concerning the restricted real right set for the rental house and matters related to seizure, provisional seizure, temporary disposition, etc.;
2. Matters concerning the default of national and local taxes by the rental business entity.
(3) Where a rental business entity concludes a rental agreement with a lessee or modifies any provision thereof pursuant to Article 48 (1) of the Act, he/she shall deliver the lessee a standard form rental agreement which includes the matters set forth in paragraphs (1) and (2), and provide the lessee with a full explanation thereof to enable the lessee to understand such agreement, and the lessee shall verify it by placing his/her signature or writing his/her name with his/her seal affixed.
 Article 38 (Purchase of Guarantee for Rental Deposit, etc.)
(1) "Period prescribed by Presidential Decree" in Article 49 (1) of the Act means the period until the date on which the mandatory rental period expires.
(2) A rental business entity under Article 49 (1) of the Act shall purchase a guarantee for rental deposit before he/she applies for an occupancy inspection or approval for temporary use under Article 49 of the Housing Act, or approval for use or temporary use under Article 22 of the Building Act. <Amended by Presidential Decree No. 27444, Aug. 11, 2016>
(3) Upon purchasing a guarantee for rental deposit, a rental business entity under Article 49 (1) of the Act shall, without delay, submit a copy of the relevant guarantee to the head of the Si/Gun/Gu having jurisdiction over the seat of the private rental housing.
(4) The head of a Si/Gun/Gu in receipt of a copy of the letter of guarantee submitted pursuant to paragraph (3), shall retain it until the guarantee period expires.
(5) Where a rental business entity under Article 49 (1) of the Act has purchased a guarantee for rental deposit, he/she shall, without delay, deliver to the lessee each copy of the letter of guarantee and the terms and conditions of guarantee after a lessee has taken occupancy in the relevant private rental house.
(6) A rental business entity under Article 49 (1) of the Act shall publicly announce the purchase of a guarantee for rental deposit at a place easily visible to his/her lessees. The same shall also apply where the guarantee purchased is terminated or altered.
 Article 39 (Amount of Guarantee Coverage)
The amount of guarantee coverage under Article 49 (3) of the Act shall be the aggregate obtained by deducting the amount prescribed in subparagraph 2 from the amount prescribed in subparagraph 1:
1. The aggregate of the amount of security rights established and the amount of rental deposit;
2. An amount equivalent to 60 percent of the appraised value of the relevant rental housing.
 Article 40 (Payment Methods, etc. of Guarantee Fee)
Methods of payment of a guarantee fee, the sharing ratio of a guarantee fee, etc. mentioned in Article 49 (6) of the Act shall be as follows: <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
1. The rental business entity shall bear 75 percent of the guarantee fee for rental deposit and the lessee shall bear 25 percent thereof: Provided, That, where a rental business entity recruits lessees before conducting occupancy inspection, the whole amount of guarantee fee accruing from the date of recruiting lessees to the date of occupancy inspection shall be borne by the rental business entity;
2. The guarantee fee shall be borne by the rental business entity. In such cases, the rental business entity shall collect the guarantee fee to be borne by the lessee by including it in the rent, and specify the details thereof in a notice for payment of rent;
3. Where the guarantee fee is paid in installments under Article 49 (4) of the Act, a recalculated guarantee fee shall be paid by no later than each anniversary from the date of guarantee agreement of a rental deposit.
 Article 41 (Management of Private Rental Housing)
(1) "Buy-to-rent private housing prescribed by Presidential Decree" in Article 51 (1) of the Act means buy-to-rent private housing that a rental business entity leases after purchasing all the housing constructed and supplied by a project undertaker pursuant to Article 54 of the Housing Act. <Amended by Presidential Decree No. 27444, Aug. 11, 2016>
(2) Management of private rental housing that falls under Article 51 (1) of the Act shall be governed only by the following provisions of the Multi-Family Housing Management Act and the Enforcement Decree of the Multi-Family Housing Management Act: <Amended by Presidential Decree No. 27445, Aug. 11, 2016>
1. Matters concerning the preparation and keeping of financial documents under Article 27 (1) of the Multi-Family Housing Management Act;
2. Matters concerning the standards for permission for activities, etc. under Article 35 of the Enforcement Decree of the Multi-Family Housing Management Act;
3. Matters concerning the management by division under Article 8 of the Multi-Family Housing Management Act;
4. Matters concerning the duties of a managing body under Article 63 of the Multi-Family Housing Management Act;
5. Matters concerning the selection of a business entity for execution of management expenses under Article 25 (1) 1 (a) of the Enforcement Decree of the Multi-Family Housing Management Act;
6. Matters concerning the imposition of user fees under Article 23 (4) of the Enforcement Decree of the Multi-Family Housing Management Act and the entrusted operation of exercise facilities for inhabitants under Article 29 of the same Enforcement Decree;
7. Matters concerning consent to be obtained from a managing body under Article 19 (2) of the Enforcement Decree of the Multi-Family Housing Management Act;
8. Matters concerning the disclosure of management expenses, etc. under Article 23 (4) of the Multi-Family Housing Management Act;
9. Matters concerning the rectification of defects under Articles 36 and 44 of the Enforcement Decree of the Multi-Family Housing Management Act;
10. Matters concerning the safety control of installations under Article 33 of the Enforcement Decree of the Multi-Family Housing Management Act;
11. Matters concerning safety inspection of multi-family housing under Article 34 of the Enforcement Decree of the Multi-Family Housing Management Act;
12. Matters concerning the posting of the head of a management office, and matters concerning a housing manager, an assistant housing manager, etc. under Articles 69, 70, 71, and 73 of the Enforcement Decree of the Multi-Family Housing Management Act;
13. Matters concerning the supervision of multi-family housing management under Article 96 of the Enforcement Decree of the Multi-Family Housing Management Act.
(3) "Scale prescribed by Presidential Decree, such as multi-family housing with not less than 300 households" in Article 51 (2) of the Act means the scale of private rental housing falling under any of the following, for each private rental housing complex:
1. Multi-family housing with at least 300 households;
2. Multi-family housing with an elevator;
3. Multi-family housing with central heating systems.
(4) "Technical personnel and equipment prescribed by Presidential Decree" in Article 51 (3) of the Act means technical personnel and equipment that meet the criteria specified in attached Table 1 of the Enforcement Decree of the Multi-Family Housing Management Act. <Amended by Presidential Decree No. 27445, Aug. 11, 2016>
(5) Cases where rental business entities may jointly manage private rental housing under Article 51 (4) of the Act are where the written consent of the council of lessees' representatives of each complex, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si or Gun deems it reasonable to manage the private rental housing jointly because at least two private rental housing complexes adjoin each other. In such cases, for the purpose of applying the criteria for technical personnel and equipment referred to in paragraph (4), the relevant two or more private rental housing complexes shall be deemed one private rental housing complex.
 Article 42 (Council of Lessees' Representatives)
(1) "Number of households prescribed by Presidential Decree" in Article 52 (1) of the Act means 20 households.
(2) "Matters prescribed by Presidential Decree" in Article 52 (3) 4 of the Act means the following:
1. Rectification of defects;
2. Matters agreed by a rental business entity and a council of lessees' representatives under Article 52 (1) of the Act (hereinafter referred to as "council of lessees' representatives") on the management of multi-family housing.
(3) Upon request by a council of lessees' representatives for consultation on the matters listed in the subparagraphs of Article 52 (3) of the Act, the rental business entity shall conscientiously respond to such request.
(4) A council of lessees' representatives shall consist of the representatives elected in proportion to the number of households of each building of private rental housing (hereinafter referred to as "representative of a building").
(5) A person eligible to serve as the representative of a building shall be a lessee continuously residing in the relevant private rental housing complex for at least six months: Provided, That this shall not apply where the council of lessees' representatives is newly formed.
(6) A council of lessees' representatives shall elect a chairperson, a vice chairperson, and an auditor from among the representatives of buildings.
(7) When a council of lessees' representatives intends to hold a meeting, it shall notify the lessees of, or publicly announce, the purpose, date and time, place, etc. of such meeting at least five days prior to the date of the scheduled meeting.
(8) A council of lessees' representatives shall notify without delay the lessees of, or publicly announce, the progress of execution of major affairs, such as matters resolved upon at such council, the results of consultation with the rental business entity, etc.
(9) When a council of lessees' representatives has held a meeting, it shall prepare and retain minutes thereof and, if a lessee requests to inspect or reproduce such minutes at his/her own expense, comply with such request.
 Article 43 (Rate, Procedures for Use, etc. of Reserve to Cover Special Repair Expenses)
(1) A rental business entity of private rental housing under Article 53 (1) of the Act shall formulate a long-term repair plan (referring to a long-term repair plan under Article 29 of the Multi-Family Housing Management Act; hereinafter the same shall apply) for common areas, incidental facilities, and welfare facilities (excluding facilities sold in lots) of the relevant private rental housing (limited to multi-family housing specified in the subparagraphs of Article 41 (3)) and shall submit the plan when he/she files an application for inspection of occupancy under Article 49 of the Housing Act, and shall keep it in the management office located in the relevant private rental housing complex during the rental period. <Amended by Presidential Decree No. 27444&27445, Aug. 11, 2016>
(2) A long-term repair plan under paragraph (1) shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) A rental business entity obligated to formulate a long-term repair plan under paragraph (1), shall accumulate reserves for appropriations for special repairs under Article 53 (1) of the Act (hereinafter referred to as "reserves for appropriations for special repairs") each month from the month in which one year passes from the inspection date of occupancy or the date of approval for temporary occupancy, at the rate of 1/10,000 of the standard construction cost as at the time the project plan is approved pursuant to Article 15 (1) of the Housing Act. <Amended by Presidential Decree No. 27444, Aug. 11, 2016>
(4) The reserves for appropriations for special repairs shall be deposited in a finance company, etc. jointly under the names of the rental business entity and the head of the Si/Gun/Gu having jurisdiction over the seat of the relevant private rental housing, and shall be managed separately.
(5) When a rental business entity intends to use the reserves for appropriations for special repairs, he/she shall hold consultation in advance with the head of the Si/Gun/Gu having jurisdiction over the seat of the relevant private rental housing.
(6) The head of a Si/Gun/Gu shall report on whether reserves for appropriations for special repairs are accumulated, the accumulated amounts thereof, etc. with the competent Mayor/Do Governor, as prescribed by Ordinance of the Minister of Land, Infrastructure and Transport; and the Mayor/Do Governor shall report thereon with the Minister of Land, Infrastructure and Transport after summing up the reports from the heads of Sis/Guns/Gus under their authority.
(7) Except as expressly provided for in paragraphs (1) through (6), methods and detailed procedure for using the reserves for appropriations for special repairs, and other necessary matters shall be specified in a long-term repair plan.
 Article 44 (Organization, etc. of Rental Housing Dispute Mediation Committees)
(1) Members of a rental housing dispute mediation committee established under Article 55 (1) of the Act (hereinafter referred to as "mediation committee") shall be appointed or commissioned by the head of the competent Si/Gun/Gu from among the following persons, taking their gender into consideration. In such cases, the number of non-public official members shall not be less than six: <Amended by Presidential Decree No. 27445, Aug. 11, 2016>
1. At least one person who has majored in housing-related studies, such as law, economics, real property, etc. and worked in a school defined in subparagraph 1, 2 or 5 of Article 2 of the Higher Education Act as assistant professor or higher for at least one year;
2. At least one person who has worked as a lawyer, certified public accountant, appraiser, or licensed tax accountant for at least one year;
3. At least one person engaging in a related business for at least three years after becoming a housing manager under Article 67 (2) of the Multi-Family Housing Management Act;
4. A least one public official of Grade V or higher performing related affairs, such as authorization, permission, etc. of private or public rental housing business in the State or a local government, who has been recommended by the head of the relevant agency or engaged in the same affairs in the relevant local government;
5. At least one executive officer or employee engaging in private or public rental housing business-related affairs at the Korea Land and Housing Corporation or a local public corporation, who has been recommended by the head of the relevant agency.
(2) The vice chairperson of a mediation committee shall be elected by and from among its members.
(3) The term of office of non-public official members shall be two years, which may be renewed only twice.
(4) Articles 28 and 29 shall apply mutatis mutandis to the exclusion, challenge, and abstention of members, and the removal of commissioned members.
 Article 45 (Meetings)
(1) Meetings of a mediation committee shall be convened by the chair- person.
(2) The chairperson shall advise the members of the agenda for a meeting by not later than two days before the day of such meeting.
(3) Meetings of a mediation committee shall be held with the attendance of a majority of its members and resolutions shall be made with the affirmative vote of a majority of all the members present.
(4) The chairperson shall appoint one person, from among officials of the relevant local government in charge of private or public rental housing affairs, as a secretary to handle administrative affairs of the mediation committee.
(5) The secretary shall prepare minutes for the meetings of the mediation committee and keep them pursuant to the Public Records Management Act, and the following matters shall be included in such minutes:
1. The time and venue of each meeting held;
2. A list of signatures of the members present;
3. The agenda and conclusions of each meeting;
4. Other important matters discussed.
(6) Allowances shall be paid, and travel expenses shall be reimbursable, to each member who has attended a meeting of a mediation committee within budget: Provided, That this shall not apply where a public official member attends such meeting in direct relation to his/her affairs.
(7) A mediation committee may request a rental business entity to submit necessary data in order to mediate a dispute on the relevant private or public rental housing.
 Article 46 (Subject Matter of Mediation)
"Matters prescribed by Presidential Decree" in Article 56 (1) 4 of the Act means those related to conversion for sale in lots, housing management, repayment of loans from the National Housing Urban Fund, refund of rental deposit, etc. of private rental housing of a rental business entity who falls under any of the following:
1. A rental business entity against whom a clearing house issues a disposition for business suspension because of his/her failure to settle bills or checks issued by the due date;
2. A rental business entity who fails to pay interest on loans from the Housing and Urban Fund established under the Housing and Urban Fund Act for more than six months;
3. A rental business entity obligated to purchase a guarantee for rental deposit under Article 49 (1) of the Act, in whose case six months has passed after the purchase or repurchase of a guarantee for rental deposit is rejected;
4. A rental business entity whose parent company (referring to a parent company defined in Article 342-2 of the Commercial Act) is subject to a disposition specified in subparagraph 1 and whose equity capital is completely impaired.
 Article 47 (Detailed Rules for Operation)
Except as expressly provided for in this Decree, matters necessary for meetings and the operation, etc. of a mediation committee shall be determined by the chairperson following a resolution passed at the mediation committee.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 48 (Promoters for Establishment of Association)
"Number prescribed by Presidential Decree" in Article 59 (1) of the Act means the following number of promoters:
1. A rental business entity' organization: Five persons;
2. A housing rental management business entities' organization: Ten persons.
 Article 49 (Provision of Data)
The data that the head of a Si/Gun/Gu and a public housing business entity should provide to the Minister of Land, Infrastructure and Transport under Article 60 (2) of the Act, shall be as follows: <Amended by Presidential Decree No. 28181, Jul. 11, 2017>
1. Data concerning rental housing, such as the types, categories, area, etc. of private rental housing or public rental housing;
2. Names and resident registration numbers of rental business entities and public housing business entities (in cases of corporations, referring to their trade names, representatives' names and corporate registration numbers);
3. Names and resident registration numbers (limited to public rental housing) of lessees (including those of the household members residing therewith);
4. Data concerning rental agreements, such as the terms of rental;
5. Information on the supply of private rental housing included in the documents submitted by the rental business entity when he/she has filed a report under Article 42 (3) of the Act;
6. Other data prescribed by Ordinance of the Ministry of Infrastructure and Transport concerning the management of private rental housing or public rental housing.
 Article 50 (Establishment, Operation, etc. of Rental Housing Information System)
(1) The Minister of Land, Infrastructure and Transport may perform the following affairs to establish and operate the rental housing information system referred to in Article 60 (1) of the Act (hereinafter referred to as “Information System”):
1. Collection of information on private and public rental housing, and the establishment and management of the relevant database;
2. Research and development regarding the establishment and operation of the Information System and technical assistance thereto;
3. Standardization of databases, and establishment of compatible systems therefor to jointly utilize information on private rental housing and public rental housing;
4. Making connections and cooperation with agencies or organizations which hold information on private rental housing and public rental housing, and implementation of joint projects therewith;
5. Other necessary matters concerning the establishment and operation of the Information System.
(2) In order to establish the Information System, the Minister of Land, Infrastructure and Transport may request the head of a central administrative agency, a local government, the Korea Land and Housing Corporation, or a public local corporation to submit relevant information, statistics, etc. on private or public rental housing collected and held thereby. In such cases, the head of an agency in receipt of such request shall comply therewith, except in extenuating circumstances.
(3) The Minister of Land, Infrastructure and Transport may provide rental business entities, public housing business entities, or the general public with the information contained in the Information System on the website of the Ministry of Land, Infrastructure and Transport.
(4) Notwithstanding paragraph (3), none of the following matters shall be disclosed. In such cases, the grounds for and the period of non-disclosure shall be published, and shall be disclosed immediately at the time the grounds for non-disclosure cease to exist or the period of non-disclosure expires:
1. Matters concerning private individuals included in the relevant information, such as the names and resident registration numbers, which are deemed likely to infringe on privacy of such individuals, if disclosed;
2. Other matters deemed objectively likely to compromise the fairness of polices on rental housing and operation of information, if disclosed.
 Article 51 (Reporting by Heads of Local Governments)
Matters that the head of a local government should report to the Minister of Land, Infrastructure and Transport under Article 61 (4) of the Act shall be as follows:
1. Results of registration of private rental housing under Article 5 of the Act;
2. Private rental housing remaining unrented;
3. Rents.
 Article 52 (Entrustment of Business Affairs)
(1) The Minister of Land, Infrastructure and Transport may entrust the business affairs specified in the subparagraphs of Article 50 (1) to the Korea Land and Housing Corporation pursuant to Article 62 (1) of the Act.
(2) When the Minister of Land, Infrastructure and Transport entrusts the business affairs under paragraph (1), he/she shall publicly notify such fact in the Official Gazette.
 Article 53 (Re-examination of Regulation)
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years from each base date specified in the following subparagraphs (referring to the period that ends on the day before the base date of every third year) and take measures for improvement, etc.:
1. Eligibility requirements for commercial rental business entities, criteria for registration of rental business entities, etc. under Articles 3 and 4: January 1, 2016;
2. Mandatory rental period, etc. of private rental housing under Article 34: January 1, 2016;
3. Rates, procedures for use, etc. of reserves for appropriations for special repairs under Article 43: January 1, 2016.
 Article 54 (Management of Personally Identifiable Information)
(1) The Minister of Land, Infrastructure and Transport (including a person entrusted with the duties of the Minister of Land, Infrastructure and Transport pursuant to Article 62 of the Act and Article 52 of this Decree), a Mayor/Do Governor, or the head of a Si/Gun/Gu may manage data containing resident registration numbers, passport numbers, or alien registration numbers defined in Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is crucial to perform the following administrative affairs: <Amended by Presidential Decree No. 27960, Mar. 27, 2017>
1. Affairs related to registration of rental business entities under Article 5 of the Act;
2. Affairs related to cancellation of registration of rental business entities under Article 6 of the Act;
3. Affairs related to registration of housing rental management business under Article 7 of the Act;
4. Verification of written consents obtained from landowners under Articles 23 (3) and 34 (1) of the Act;
5. Receipt of reports on transfer of rental housing under Article 43 of the Act and Article 34 of this Decree;
6. Affairs related to reporting on rental agreements under Article 46 of the Act;
7. Authorization for the incorporation of an association under Article 59 (1) of the Act;
8. Collection, etc. of data and information under Article 60 of the Act.
(2) A rental business entity (including the institution entrusted by a rental business entity to perform the affairs related to the selection of lessees on behalf of the rental business entity, as an institution responsible for computerized management of occupants' saving accounts) may manage data containing resident registration numbers, passport numbers, or alien registration numbers defined in subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is crucial to select lessees under Article 42 (1) of the Act. <Amended by Presidential Decree No. 28323, Sep. 19, 2017>
CHAPTER VII PENALTY PROVISIONS
 Article 55 (Criteria for Imposition of Administrative Fines)
The criteria for the imposition of administrative fines under Article 67 of the Act shall be as specified in attached Table 3.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Article 2 (Applicability to Grounds for Cancellation of Registration)
The amended provisions of Article 5 (1) shall also apply to a rental business entity registered under the former provisions as at the time this Decree enters into force. In such cases, the date this Decree enters into force shall be deemed the date the rental business entity is registered.
Article 3 (Applicability to Reporting on Current Status of Housing Rental Management Business Entity)
The amended provisions of Article 11 shall apply beginning with the first report on the status for the quarter commencing after this Decree enters into force.
Article 4 (Applicability to Consecutive Terms of Office of Members of Rental Housing Dispute Mediation Committee)
The amended provisions of Article 44 (3) shall apply beginning with the first person commissioned as a member of a mediation committee as at the time this Decree enters into force. In such cases, his/her term of office as at the time this Decree enters into force, shall be deemed the first term of office.
Article 5 (Transitional Measures concerning Criteria for Registration of Rental Business Entities)
Notwithstanding the amended provisions of Article 6 (1) of the Enforcement Decree of the Rental Housing Act partially amended by Presidential Decree No. 19178, the criteria for registration of rental business entities registered as at December 13, 2005, which is the date of the Enforcement Decree of the Rental Housing Act amended by Presidential Decree No. 19178 enters into force, shall be governed by the former Enforcement Decree of the Rental Housing Act (referring to the Enforcement Decree of the same Act before it was amended by Presidential Decree No. 19178).
Article 6 (Transitional Measures concerning Preferential Sale of Constructed Rental Housing)
Notwithstanding the amended provisions of Article 13 (1) of the Enforcement Decree of the Act on the Promotion of Construction of Rental Housing amended by Presidential Decree No. 14381, the application of the non-homeownership period where rental housing on rent as at September 13, 1994, being the date the Enforcement Decree of the Act on the Promotion of Construction of Rental Housing amended by Presidential Decree No. 14381 enters into force, is preferentially sold to a lessee shall be governed by the former Enforcement Decree of the Rental Housing Act (referring to the Enforcement Decree of the same Act before it was amended by Presidential Decree No. 14381).
Article 7 (Transitional Measures concerning Extension of Scope of Public Build-to-Rent Housing)
Notwithstanding the amended provisions of subparagraph 1 of Article 2 of the Enforcement Decree of the Rental Housing Act amended by Presidential Decree No. 18315, the supply, management, conversion for sale in lots, and the terms of rental, etc. of rental housing constructed on a public housing site supplied before March 17, 2004, being the date the Enforcement Decree of the Rental Housing Act amended by Presidential Decree No. 18315 enters into force, shall be governed by the former Enforcement Decree of the Rental Housing Act (referring to the Enforcement Decree of the same Act before it was amended by Presidential Decree No. 18315).
Article 8 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of subparagraph 2 (g) of attached Tale 2 of the Enforcement Decree of the Rental Housing Act partially amended by Presidential Decree No. 23752, the application of criteria for imposition of administrative fines against violations committed before April 27, 2012, being the date the Enforcement Decree of the Rental Housing Act amended by Presidential Decree No. 23752 enters into force, shall be governed by the former Enforcement Decree of the Rental Housing Act (referring to the Enforcement Decree of the same Act before it was amended by Presidential Decree No. 23752), and such violations shall not be included in the calculation of the number of violations in applying the criteria for imposition of administrative fines under attached Table 4.
Article 9 Omitted.
Article 10 (Relationship with Other Statutes)
Where any other statute cites the former Enforcement Decree of the Rental Housing Act, or any provision thereof, as at the time this Decree enters into force, it shall be deemed to have cited this Decree, or relevant provision of this Decree, in lieu of the former Enforcement Decree of the Rental Housing Act, or the provision thereof, if any provision corresponding thereto exists in this Decree.
ADDENDA <Presidential Decree No. 27115, Apr. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27445, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28181, Jul. 11, 2017>
This Decree shall enter into force on July 18, 2017.
ADDENDA <Presidential Decree No. 28323, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Criteria for Minimum Area for Commercial Rental Housing Supply Promotion District)
The amended provisions of Article 18 (1) 3 shall apply, beginning with a commercial rental housing supply promotion district designated pursuant to Article 22 of the Act after this Decree enters into force.
Article 3 (Applicability to Time Frame for Calculation of Mandatory Rental Periods of Private Rental Housing)
The amended provisions of Article 34 (1) 3 shall apply, beginning with a report on change filed pursuant to the main sentence of Article 5 (3) of the Act after this Decree enters into force.