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ENFORCEMENT DECREE OF THE ACT ON SPECIAL CASES CONCERNING THE PROCUREMENT, ETC. OF SCHOOL SITES

Presidential Decree No. 15165, Nov. 2, 1996

Amended by Presidential Decree No. 17015, Dec. 20, 2000

Presidential Decree No. 17504, Feb. 4, 2002

Presidential Decree No. 19179, Dec. 14, 2005

Presidential Decree No. 21837, Nov. 23, 2009

Presidential Decree No. 22395, Sep. 20, 2010

Presidential Decree No. 23718, Apr. 10, 2012

Presidential Decree No. 24423, Mar. 23, 2013

Presidential Decree No. 28295, Sep. 19, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on the Special Cases concerning the Procurement, Etc. of School Sites and necessary matters for the enforcement thereof. <Amended by Presidential Decree No. 19179, Dec. 14, 2005; Presidential Decree No. 21837, Nov. 23, 2009>
 Article 2 (Application for Approval of Development Project Plans)
(1) Where development project implementers (hereinafter referred to as "development project implementers") under Article 3 (1) of the Act on the Special Cases concerning the Procurement, Etc. of School Sites (hereinafter referred to as the "Act") Act apply for the approval of development project plans, they shall attach the written opinions or the results of consultation, respectively as follows: <Amended by Presidential Decree No. 21837, Nov. 23, 2009>
1. The opinions of the superintendents of education under Article 3 (3) of the Act;
2. The results of consultation with the superintendents of education under Article 4-2 (2) and (6) of the Act.
(2) The written opinions and results of consultation of each subparagraph of paragraph (1) shall include the information as specified in the following classifications: <Amended by Presidential Decree No. 21837, Nov. 23, 2009>
1. For paragraph (1) 1: the opinions of the superintendents of education concerning the following:
(a) Compatibility of location and scope of school sites;
(b) Appropriateness of creation, development period, and timing for purchase of school site;
(c) Feasibility of categories of infrastructure to be installed in the school sites;
(d) Appropriateness of calculation of supply value for school sites under Article 4 (3) of the Act;
2. For paragraph (2) 1: the opinions of the superintendents of education on the following:
(a) Appropriateness of number and scale of schools;
(b) Appropriateness of small parks and landscaped green areas installed in the school sites;
(c) Appropriateness of timing for school opening;
(d) Appropriateness of cost to establish schools.
(3) Upon receipt of application for approval of development project plans, persons with authority to approve the application shall ascertain as to whether the matters concerning school sites under the relevant statutes of urban/Gun plans and the opinions of the superintendents of education and the results of consultation with the superintendents of education concerning school sites and school facilities under paragraph (2) are appropriately reflected in those plans, and, if not reflected, they shall have those plans to be supplemented. <Amended by Presidential Decree No. 17504, Feb. 4, 2002; Presidential Decree No. 21837, Nov. 23, 2009; Presidential Decree No. 23718, Apr. 10, 2012>
(4) While the school sites adjacent to development project sites provided in Article 3 (2) of the Act shall be located within one thousand meter of distance to attend school from the boundary lines of development project areas, if the superintendents of education deem it difficult to procure school sites within one thousand meters, they may otherwise select such sites in consideration of scale of development project areas, and conditions of schools adjacent to development areas. <Newly inserted by Presidential Decree No. 17015, Dec. 20, 2000>
(5) Where the superintendents of education consult with the Special Metropolitan City Mayor, Metropolitan City Mayors, the Metropolitan Autonomous City Mayor, Do Governors or the Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") on the sharing of expenses for purchasing school sites under the latter part of Article 3 (3) of the Act, they shall present to the Mayor/Do Governor the ground for the school sites area calculated, ground for the estimated price for purchasing school sites calculated, and the timing for establishing schools, etc. <Newly inserted by Presidential Decree No. 21837, Nov. 23, 2009; Presidential Decree No. 28295, Sep. 19, 2017>
 Article 2-2 (Procurement of School Sites of Appropriate Scale)
(1) "School sites of an appropriate scale" in Article 3 (5) of the Act means school sites necessary for establishment of schools which are elementary schools having less than 36 classes, middle schools having less than 24 classes or high schools having less than 24 classes (hereinafter referred to as "small-scale schools").
(2) When development project implementers intend to procure the school sites for small-scale schools provided in paragraph (1), they shall secure an area equal to or greater than the size of the school sites under the provisions of Article 6 of the Regulations on the Establishment and Operation of Schools of Various Levels to or Lower than High School (hereinafter referred to as "standard for school sites of various schools").
[This Article Newly Inserted by Presidential Decree No. 19179, Dec. 14, 2005]
 Article 3 Deleted. <by Presidential Decree No. 21837, Nov. 23, 2009>
 Article 4 Deleted. <by Amended by Presidential Decree No. 17015, Dec. 20, 2000>
 Article 4-2 (Provisions of Research Materials)
(1) The Minister of Education may research and develop reference materials required for the superintendents of education to present their opinions to development project implementers under the former part of Article 3 (3) of the Act, or consult with development project implementers under Article 4-2 (2) and (6) of the Act, and disseminate such materials thereto. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(2) Where the Minister of Education intends to disseminate reference materials of paragraph (1), he/she shall consult with the Minister of Land, Infrastructure and Transport and the Minister of Environment. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 21837, Nov. 23, 2009]
 Article 4-3 (Support Institutions in Charge of Free Supply of School Sites and School Facilities)
(1) In order to facilitate the free supply of school sites and school facilities, the Minister of Education may recommend support institutions in charge of free supply of school sites and school facilities (hereinafter referred to as "support institution") to a development project implementer who supplies school sites and school facilities under Articles 4 (3) 1, and 4-2 (1) and (6) of the Act and the relevant superintendent of education in consultation of the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(2) Pursuant to paragraph (1), the Minister of Education may recommend support institutions as follows: <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
2. Research institutes or universities and colleges which have expertise in school facilities and urban development.
(3) Any support institution which is recommended under paragraph (2) may support the following when a development project implementer who supplies school sites or school facilities without compensation and the relevant superintendent of education agree to provide such support:
1. Research concerning criteria of school sites and school facilities pursuant to grade level and scale of school;
2. Research concerning method for securing the appropriate quality of school sites and school facilities to be supplied without compensation and expenses for installation thereof;
3. Development of models concerning installation of small parks and landscaped green areas in the school sites;
4. Research concerning protection of educational environment such as evaluation of educational environment for school sites;
5. Consulting concerning disputes between interested parties on scale of school facilities, etc. to be supplied without compensation;
6. Matters concerning supplying school sites and school facilities without compensation.
(4) The Minister of Education or the Minister of Land, Infrastructure and Transport may support fully or partially expenses necessary for providing support to the support institutions that provide support under paragraph (3). <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 21837, Nov. 23, 2009]
 Article 5 Deleted. <by Presidential Decree No. 19179, Dec. 14, 2005>
 Article 5-2 (Procedures, etc. of Imposition and Collection of Charges for School Sites)
(1) "Due date prescribed by presidential decree" in Article 5 (2) of the Act means 30 days after from the date on which a contract for sale in parcels is concluded (referring to 7 days after the end of each quarter, in cases where unsold land and multi-family housing, etc. are additionally sold in parcels after 60 days passed from the date on which the first contract for sale in parcels is concluded,). <Amended by Presidential Decree No. 28295, Sep. 19, 2017>
(2) and (3) Deleted. <by Presidential Decree No. 28295, Sep. 19, 2017>
(4) The prices of multi-family housing to be sold in parcels and the prices of sites for detached housing to be sold in parcels, which are applicable to the standards for calculating the charges under Article 5-2 of the Act, shall exclude the amount of relevant value-added tax provided for in the Value-Added Tax Act. <Amended by Presidential Decree No. 21837, Nov. 23, 2009>
(5) Forms of payment notice and matters necessary for imposition and collection of charges, other than those prescribed in paragraphs (1) through (4), shall be determined by Municipal Ordinances of the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos or the Special Self-Governing Province (hereinafter referred to as "Cities/Dos"). <Newly inserted by Presidential Decree No. 21837, Nov. 23, 2009; Presidential Decree No. 28295, Sep. 19, 2017>
[This Article Newly Inserted by Presidential Decree No. 17015, Dec. 20, 2000]
 Article 5-3 (Reporting, etc. on Operation of Special Accounts of Charges for School Sites)
(1) Mayors/Do Governors shall report operational situation such as revenue and expenditure of the special accounts of charges for school sites to the Minister of the Interior and Safety by the last day of February of every year under Article 5-4 (5) of the Act.
(2) The Minister of the Interior and Safety shall notify the Minister of Education of contents reported under paragraph (1) by March 31 of every year.
[This Article Newly Inserted by Presidential Decree No. 28295, Sep. 19, 2017]
 Article 6 (Scope of Financing Expenses Borne by Cities/Dos)
(1) The expenses raised from local taxes under Article 6 (1) 1 of the Act shall be limited to the amount arrived at by subtracting charges for development under paragraph (2) and charges provided in Article 5 of the Act from the expenses to be borne by City/Do general accounts to procure school sites. In such cases, the local taxes mean acquisition taxes and registration and license taxes for registration. <Amended by Presidential Decree No. 21837, Nov. 23, 2009; Presidential Decree No. 22395, Sep. 20, 2010>
(2) The expenses raised from development charges under Article 6 (1) 2 of the Act shall be development charges attributed to City/Do which are collected from the relevant development project. <Amended by Presidential Decree No. 21837, Nov. 23, 2009>
(3) Deleted. <by Presidential Decree No. 17015, Dec. 20, 2000>
 Article 7 (Application of Relaxed Standards for School Sites)
(1) The superintendents of education may apply the relaxed standards, only in the following cases, for not more than 20/100 of the standards for school sites of various schools pursuant to provisions of Article 8 of the Act: <Amended by Presidential Decree No. 21837, Nov. 23, 2009>
1. Where it is deemed that schools are adjacent to public playgrounds or sport centers and therefore there is no hindrance to using such facilities;
2. Where it is deemed difficult to procure necessary school sites for establishment of small-scale schools.
(2) Where the use of parks and greenbelts is available because school sites are adjacent to parks and greenbelts under subparagraph 1 of Article 2 of the Act on Urban Parks, Green Areas, Etc. when procuring school sites under Article 8 of the Act, the superintendents of education may relax the standard area of sports, from among the standards for school sites of various schools or allow development project implementers to procure school sites not including sports area. <Newly inserted by Presidential Decree No. 21837, Nov. 23, 2009>
 Article 8 (Guidelines for Imposing Administrative Fines)
(1) A person who fails to submit materials for sale in parcels under Article 11 of the Act by the due date defined in Article 5-2 (1) or fraudulently submits such materials shall be subject to an administrative fine of five million won.
(2) Mayors/Do Governors may reduce the amount by up to 1/2 of administrative fines imposed under paragraph (1) if falling under any of the following:
1. Where it is deemed that violation act is caused from minor neglect or mistake;
2. Where it is deemed that the violator has endeavored to correct or lessen the effect of the violation of the Act;
3. Where it is deemed necessary to reduce the amount of administrative fine in consideration of level of violation act, reason for violation act, or its repercussions, etc.
[This Article Newly Inserted by Presidential Decree No. 28295, Sep. 19, 2017]
ADDENDUM
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Special Cases concerning Submission of Plans for Sale in Parcels and Materials for Sale in Parcels) Where due date for submission of plans for sale in parcels or materials for sale in parcels under the provisions of Article 5 (1) has passed or is in progress at the time this Decree enters into force, such plans for sale in parcels or materials for sale in parcels shall be submitted within 15 days from the date on which this Decree enters into force.
ADDENDUM <Presidential Decree No. 17015, Dec. 20, 2000>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Submission of Plans for Sale in Parcels and Materials for Sale in Parcels) Where due date for submission of materials for sale in parcels under the provisions of Article 5-2 (1) has passed or is in progress at the time this Decree enters into force, such materials for sale in parcels shall be submitted within 30 days on which the first contract for sale in parcels is concluded or within 15 days from the date on which this Decree enters into force.
ADDENDUM <Presidential Decree No. 17504, Feb. 4, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19179, Dec. 14, 2005>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21837, Nov. 23, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Mitigation of Standards for School Sites)
The amended provisions of Article 7 (2) shall also apply to cases where school sites is created or developed, following hearing the opinions of the superintendents of education under the former part of Article 3 (3) of the Act at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 28295, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2017.
Article 2 (Applicability to Reporting, etc. of Special Accounts of Charges for School Sites)
The amended provisions of Article 5-3 shall apply beginning with the first cases where the special accounts of charges for school sites of the fiscal year of 2018 is reported and notified.