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ENFORCEMENT DECREE OF THE URBAN DEVELOPMENT ACT

Wholly Amended by Presidential Decree No. 21019, Sep. 18, 2008

Amended by Presidential Decree No. 21231, Dec. 31, 2008

Presidential Decree No. 21565, jun. 26, 2009

Presidential Decree No. 21590, jun. 30, 2009

Presidential Decree No. 21641, Jul. 27, 2009

Presidential Decree No. 21744, Sep. 21, 2009

Presidential Decree No. 22241, jun. 29, 2010

Presidential Decree No. 22395, Sep. 20, 2010

Presidential Decree No. 22493, Nov. 15, 2010

Presidential Decree No. 22525, Dec. 13, 2010

Presidential Decree No. 22665, Feb. 9, 2011

Presidential Decree No. 22896, Apr. 6, 2011

Presidential Decree No. 23356, Dec. 8, 2011

Presidential Decree No. 23472, Dec. 30, 2011

Presidential Decree No. 23535, Jan. 25, 2012

Presidential Decree No. 23685, Mar. 26, 2012

Presidential Decree No. 23718, Apr. 10, 2012

Presidential Decree No. 23957, Jul. 17, 2012

Presidential Decree No. 23966, Jul. 20, 2012

Presidential Decree No. 24443, Mar. 23, 2013

Presidential Decree No. 24509, Apr. 22, 2013

Presidential Decree No. 24757, Sep. 17, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25358, May 22, 2014

Presidential Decree No. 25456, Jul. 14, 2014

Presidential Decree No. 25703, Nov. 4, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26302, jun. 1, 2015

Presidential Decree No. 26618, Nov. 4, 2015

Presidential Decree No. 27066, Mar. 29, 2016

Presidential Decree No. 27444, Aug. 11, 2016

Presidential Decree No. 27454, Aug. 16, 2016

Presidential Decree No. 27472, Aug. 31, 2016

Presidential Decree No. 27473, Aug. 31, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27972, Mar. 29, 2017

Presidential Decree No. 28211, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Urban Development Act and other matters necessary for the enforcement thereof.
CHAPTER II DESIGNATION, ETC. OF URBAN DEVELOPMENT ZONES
 Article 2 (Areas to be Designated as Urban Development Zones, and Scale thereof)
(1) Areas that may be designated as urban development zones pursuant to Article 3 of the Urban Development Act (hereinafter referred to as the “Act”) and the scale of such areas are as follows: <Amended by Presidential Decree No. 23472, Dec. 30, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25456, Jul. 14, 2014; Presidential Decree No. 26618, Nov. 4, 2015>
1. Urban areas:
(a) Residential areas and commercial areas: At least 10,000 square meters;
(b) Industrial areas: At least 30,000 square meters;
(c) Green natural area: At least 10,000 square meters;
(d) Productive green areas (applicable only to a productive green area, the scale of which does not exceed 30/100 of an area designated as an urban development zone): At least 10,000 square meters;
2. Areas other than an urban area: At least 300,000 square meters: Provided, That it shall be at least 100,000 square meters if a plan for constructing apartment houses or tenement houses among the multi-unit housing referred to in subparagraph 2 of Table 1 of the Enforcement Decree of the Building Act is included, satisfying each of the following requirements:
(a) Where a site for an elementary school is secured within an urban development zone (including where an elementary school is established to admit students within the urban development zone or within a school-commute distance from the urban development zone) subject to consultation with the competent Office of Education;
(b) Where an urban development zone is connected to a road referred to in any of Articles 12 through 15 of the Road Act or a road prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or a road with at least four lanes is opened with an urban development zone.
(2) The designation of an urban development zone in any area other than a green natural area, a productive green area and an urban area shall be made according to the standards prescribed by the Minister of Land, Infrastructure and Transport only within an area available for development under a metropolitan plan or Urban/Gun master plan: Provided, That for an area for which no metropolitan plan or Urban/Gun master plan is formulated, the designation of an urban development zone may be made only within a green natural area or a planned management area. <Amended by Presidential Decree No. 22241, Jun. 29, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(3) The restrictions under paragraphs (1) and (2) shall not apply to any area deemed in need of planned urban development by a person who designates urban development zones under Article 3 of the Act (hereinafter referred to as “designating authority”), if such area is: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. An area designated as a settlement district or development promotion district under Article 37 (1) of the National Land Planning and Utilization Act;
2. An area designated as a district-unit planning zone under Article 51 of the National Land Planning and Utilization Act;
3. An area that the Minister of Land, Infrastructure and Transport intends to designate as an urban development zone for balanced national development after consulting with the heads of relevant central administrative agencies (excluding any natural environment conservation area referred to in subparagraph 4 of Article 6 of the National Land Planning and Utilization Act).
(4) If an area to be designated as an urban development zone straddles at least two special-purpose areas, the designation of the area as an urban development zone shall be made in compliance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(5) If an area has been partially developed several times for the same purpose or an area adjoining a developed area is developed, the designation of the area as an urban development zone shall be made in compliance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
 Article 3 Deleted. <by Presidential Decree No. 22241, Jun. 29, 2010>
 Article 4 (Designation of Urban Development Zones by Minister of Land, Infrastructure and Transport)
(1) “Scale prescribed by Presidential Decree” in Article 3 (3) 3 of the Act means 300,000 square meters.
(2) “Cases prescribed by Presidential Decree” in Article 3 (3) 5 of the Act means where an urban development project is urgently required due to any natural disaster or other cause.
 Article 5 (Requests for Designation of Urban Development Zones)
Where the head of a Si [excluding the head of a Large Si with a population of at least 500,000 (hereinafter referred to as “head of a Large Si”) referred to in Article 175 of the Local Autonomy Act, other than Seoul Metropolitan City and Metropolitan Cities]/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) intends to request the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor to designate an urban development zone under Article 3 (4) of the Act, he/she shall submit the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor after consulting the relevant Si/Gun/Gu Urban Planning Committee established under Article 113 (2) of the National Land Planning and Utilization Act: Provided, That when he/she requests the designation of an urban development zone to conduct an urban development project in a district-unit planning zone according to a district-unit plan already established, he/she need not consult the Si/Gun/Gu Urban Planning Committee. <Amended by Presidential Decree No. 22241, Jun. 29, 2010; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 5-2 (Dividing or Combining Urban Development Zones)
(1) Where an urban development zone may be divided into at least two project implementation districts under Article 3-2 (1) of the Act means where a designating authority deems it necessary to efficiently promote an urban development project and the area of each project implementation district divided is at least 10,000 square meters.
(2) Where at least two areas apart (applicable only to areas within the same Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province or areas adjoining Special Metropolitan Cities, Metropolitan Cities, Dos, or Special Self-Governing Provinces) can be combined and designated as one urban development zone (hereinafter referred to as “combined development”) under Article 3-2 (1) of the Act means where at least one of the following areas, the scale of which is at least 10,000 square meters, is included in an urban development zone: Provided, That an area falling under subparagraph 6 shall be included even if its size is less than 10,000 square meters: <Amended by Presidential Decree No. 24509, Apr. 22, 2013; Presidential Decree No. 27066, Mar. 29, 2016; Presidential Decree No. 27972, Mar. 29, 2017>
1. An area in which land utilization is restricted under related statutes, such as the National Land Planning and Utilization Act, the Cultural Heritage Protection Act, the Protection of Military Bases and Installations Act, and the Airport Facilities Act, to manage or protect urban scenery, cultural heritage, military installations, air installations, etc.;
2. An area in which infrastructure, factories, public offices and official residences, military installations, etc. are demolished or relocated above the scale of development activities permitted for each special-purpose district referred to in the subparagraphs of Article 55 (1) of the Enforcement Decree of the National Land Planning and Utilization Act (including areas adjacent to those facilities);
3. Any of the following areas or districts (limited to where an urban development project can prevent and recover from disasters, etc. over a long period through disaster prevention facilities, resident safety facilities, etc.):
(a) A fire-prevention district under Article 37 (1) 4 of the National Land Planning and Utilization Act or a disaster-prevention district under Article 37 (1) 5 thereof;
(b) An area for elimination of danger of natural disasters designated under Article 12 of the Countermeasures against Natural Disasters Act;
4. An area for which an urban development project is implemented through the phased development method under Article 21-2 of the Act;
5. An area for which an urban planning facility project defined in subparagraph 10 of Article 2 of the National Land Planning and Utilization Act is required (limited to areas for which combined development is required and the project cost is at least the same as the total project cost referred to in Article 13 (1) of the Enforcement Decree of the National Finance Act);
7. An area for which a designating authority deems it necessary to apply the combined development method to conduct an urban development project efficiently.
(3) Where a person who proposes the designation of an urban development zone under Article 11 (5) of the Act seeks to apply the combined development method, he/she shall obtain the consent of landowners (including persons holding superficies) under Article 11 (6) of the Act for each of the areas apart to be included in the urban development zone.
(4) Where an implementer seeks to conduct an urban development project for areas apart by the combined development either by expropriating or using land under Article 22 (1) of the Act, he/she shall obtain the consent of landowners under the proviso to Article 22 (1) of the Act for each of the areas to be expropriated or used.
(5) Where an implementer conducts an urban development project using the combined development method, he/she shall preferentially develop the areas referred to in the subparagraphs of paragraph (2): Provided, That the designating authority may otherwise determine it if necessary in light of the characteristics of the urban development project.
(6) If deemed necessary, a designating authority may elect not to apply the restriction under Article 2 (2) to an area referred to in any of the subparagraphs of paragraph (2).
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 6 (Phased Development Planning)
(1) “Area prescribed by Presidential Decree” referred to in the proviso to Article 4 (1) of the Act means any of the following areas:
1. A green natural area;
2. A productive green area referred to in Article 2 (1) 1 (d);
3. An area other than urban areas;
4. An area referred to in Article 2 (3) 3;
5. An area in which the aggregate of the residential areas, commercial areas, and industrial areas included in the relevant urban development zone does not exceed 30/100 of the total area of the urban development zone designated.
(2) Where a designating authority invites proposals for a development plan under the former part of Article 4 (2) of the Act after designating an urban development zone, it shall publicly announce the following matters in a daily newspaper distributed either nationwide or primarily in the relevant area and in the Official Gazette or its official bulletin at least once, specifying a period for submission of proposals for at least 90 days: <Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012>
1. A summary of the urban development project;
2. Qualifications to submit a proposal and schedule;
3. A plan for evaluating and examining proposals for the development plan;
4. Procedures for designating the implementer of the urban development project;
5. Guidelines for preparing proposals for the development plan;
6. Other matters necessary for inviting proposals for the development plan, in addition to those provided for in subparagraphs 1 through 5.
(3) If at least two proposals are submitted under paragraph (2), the designating authority may organize a proposal examination committee to examine proposals for the development plan. In such cases, matters necessary for the organization, operation, etc. of the proposal examination committee shall be determined by the designating authority. <Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012>
(4) The number of consenters under Article 4 (4) of the Act shall be calculated as follows: <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
1. Where the area of land in an urban development zone is calculated: It shall include the areas of State-owned land and public land;
2. Where land is jointly owned by several persons: Only one representative of the co-owners designated with the other co-owners’ consent shall be deemed a landowner: Provided, That sectional owners defined in subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings shall each be deemed a landowner;
3. Where the number of landowners increases following division into sectional ownership defined in subparagraph 1 of Article 2 of the Act on Ownership and Management of Condominium Buildings after the date of the public inspection or public announcement under Article 11 (2): The number of consenters shall be calculated based on the number of landowners as at the date of the public inspection or public announcement, and the increased number of landowners shall be disregarded for the purpose of calculating the total number of landowners;
4. Where a person has withdrawn consent before the designation of an urban development zone is proposed under Article 11 (5) of the Act or a modification of an urban development project plan (hereinafter referred to as “development plan”) for an urban development zone is requested under Article 4 (2) of the Act: He/she shall be excluded from the number of consenters;
5. Where a landowner has been changed during the period from the date the designation of an urban development zone is proposed under Article 11 (5) of the Act to the date a development plan is formulated under Article 4 of the Act, or during the period from the date a request is made to modify a development plan under Article 4 (2) of the Act to the date the development plan is modified: The number of consenters shall be calculated based on the written consents of the existing landowners.
(5) If the requirement for consent under Article 4 (4) of the Act is satisfied as regards the total area of private land, excluding State-owned land and public land, and all landowners, but the area of land and the number of landowners subsequently fails to meet the legal requirement for consent, consent shall be obtained from the agencies in charge of managing the State-owned land and public land. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
(6) Where a landowner gives or withdraws consent, he/she shall submit a written consent or a written withdrawal of consent prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the representative of the co-owners of jointly-owned land shall submit such written consent or written withdrawal of consent, along with the written consent to designate him/her as the co-owners’ representative and other documents evidencing his/her own and the other co-owners’ identity. <Amended by Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(7) Except as otherwise expressly provided for in paragraphs (4) through (6), further details about the methods, procedures, etc. for calculating the number of consenters shall be determined by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 7 (Minor Modifications to Development Plans)
(1) “Modification of insignificant matters prescribed by Presidential Decree” referred to in the latter part of Article 4 (4) of the Act means a modification not falling under any of the following: <Amended by Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 23718, Apr. 10, 2012>
1. Where modifying the area of land to which the replotting method applies, falls under any of the following:
(a) Where the land area to be incorporated is at least 5/100 of the existing land area (referring to the land area as at the time a development plan is formulated or modified with the consent of landowners under Article 4 (4) of the Act; hereafter the same shall apply in this Article) to which the replotting method applies (if minor modifications are made several times, the results shall be aggregated; hereafter the same shall apply in this Article);
(b) Where the land area to be excluded is at least 10/100 of the existing land area to which the replotting method applies;
(c) Where the area to be incorporated or excluded is at least 30,000 square meters;
(d) Where the area to which the replotting method applies, due to the incorporation or exclusion of land increases or decreases by at least 10/100 of the existing area;
2. Where a road at least 12 meters in width is newly opened or permanently closed;
3. Where a project implementation district is divided or recombined after division;
4. Where the area of infrastructure (referring to the infrastructure provided for in the subparagraphs of Article 2 (1) of the Enforcement Decree of the National Land Planning and Utilization Act), except roads, increases or decreases by at least 10/100 (5/100 for a park or green area) of the existing area, or the total area of newly established infrastructure is at least 5/100 of the area of the existing infrastructure;
5. Where a population to be admitted increases or decreases by at least 10/100 of the existing population (excluding where a population to be admitted after modification is less than 3,000);
6. Where the floor area ratio of an urban development zone, except infrastructure, increases by at least 5/100 of the existing ratio;
7. Where modifying a land utilization plan (only with respect to the most subordinate use of land classified in the existing development plan, excluding infrastructure) referred to in Article 5 (1) 7 of the Act falls under any of the following: Provided, That this shall be limited to where a modified area by use is at least 1,000 square meters:
(a) Where an area by use increases or decreases by at least 10/100 of the existing area;
(b) Where the total area of land for a newly added use is at least 5/100 of the area of the existing urban development zone (excluding the area of the infrastructure sites);
8. Where the expenses incurred in building infrastructure under Article 5 (1) 13 of the Act increase by at least 5/100 of the existing expenses;
9. Where the project implementation method is changed under Article 21 (2) of the Act;
10. Where an Urban/Gun management plan for a special-purpose area, special-purpose district or special-purpose zone is modified (excluding cases falling under subparagraphs 1 through 4 and 7);
11. Where a designating authority imposes an important condition in designating an urban development zone to protect landowners’ rights and interests or it is determined by ordinance of a City/Do.
(2) Notwithstanding paragraph (1), if modifying a development plan to reflect the outcomes of consultations on the environmental impact assessment under the Environmental Impact Assessment Act, the results of analyzing traffic impacts and examining improvement measures under the Urban Traffic Improvement Promotion Act, or the outcomes of prior consultations on the examination of factors influencing disasters under the Countermeasures against Natural Disasters Act increases the project budget by less than 10/100 of the existing total project budget, it shall be deemed a modification of an insignificant matter.
[This Article Wholly Amended by Presidential Decree No. 23472, Dec. 30, 2011]
 Article 8 (Matters to be Included in Development Plans)
(1) “Matters prescribed by Presidential Decree” in Article 5 (1) 17 of the Act means each of the following: <Amended by Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 23472, Dec. 30, 2011; Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. A school facility plan;
2. A cultural heritage protection plan;
3. A plan for high-speed information and communications network;
4. A plan for underground utilities, including common utility ducts;
5. A plan for the existing buildings, structures, etc.;
6. A plan for attracting industries and a plot plan;
7. If it is necessary to build infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act in an area outside an urban development zone, to be used for the urban development zone, matters pertaining to a plan for building the infrastructure outside the urban development zone;
8. A plan for supplying integrated energy;
9. A plan for cultural facilities, including exhibition halls and concert halls;
10. A plan for day-care centers;
11. A plan for creating a low-carbon green city;
12. A plan for development density, such as a floor area ratio and a population to be admitted;
13. Matters pertaining to the formulation or amendment of an urban or Gun management plan under the National Land Planning and Utilization Act (hereinafter referred to as “Urban/Gun management plan”);
14. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) Where an urban development zone is to be designated in either an area other than an urban area or a green area, the environmental conservation plan referred to in Article 5 (1) 9 of the Act shall include the findings from examining environmental impacts (referring to the findings from the strategic environmental impact assessment, if conducted under the Environmental Impact Assessment Act). <Amended by Presidential Decree No. 23966, Jul. 20, 2012>
 Article 9 (Matters, etc. to be Included in Development Plans when Designating Urban Development Zones)
(1) “Matters prescribed by Presidential Decree” referred to in Article 5 (3) of the Act means each of the following:
1. The name, location, and area of an urban development zone;
2. Objectives for designating an urban development zone;
3. Methods for implementing an urban development project;
4. Matters concerning an implementer;
5. A summary of plan to admit a population;
6. A summary of the land utilization plan.
(2) The standards for preparing the plans referred to in paragraph (1) 5 and 6 shall be determined by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(3) “Scale prescribed by Presidential Decree” referred to in Article 5 (4) of the Act means 3,300,000 square meters.
 Article 10 (Details of Basic Surveys)
(1) An implementer or a person who intends to become an implementer under Article 6 (1) of the Act may investigate or survey the following: <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. Changes and trends in the population of an area that forms the same residential zone as the area to be designated as a city or urban development zone;
2. The status of the population, land utilization, obstacles, and various development projects in an urban development zone;
3. Traffic conditions of adjacent areas;
4. The frequency and status of storm and flood damage, landslides, ground subsidence and other disasters;
5. Matters concerning superordinate plans, such as an Urban/Gun master plan and a metropolitan plan;
6. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) If any investigation or survey data is available under other statutes with respect to the matters to be investigated and surveyed under paragraph (1), such data may be utilized.
 Article 11 (Gathering Consensus from Inhabitants)
(1) The Minister of Land, Infrastructure and Transport or a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) shall forward copies of relevant documents to the heads of relevant Sis/Guns/Gus if he/she intends to gather consensus from inhabitants about the designation of an urban development zone under Article 7 of the Act. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(2) The head of a Si/Gun/Gu shall, upon receipt of copies of relevant documents under paragraph (1), or when intending to gather consensus from inhabitants under Article 7 of the Act, publicly announce the following matters in at least two daily newspapers distributed either nationwide or primarily in the relevant area and on the website of the Si/Gun/Gu to make them available to the public for a period of at least 14 days: Provided, That when the area of the urban development zone is less than 100,000 square meters, he/she may publicly announce them in the official bulletin and on the website of the Si/Gun/Gu, not in daily newspapers: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. A summary of a plan for designation and development of the urban development zone;
2. The implementer of and the methods for implementing the urban development project;
3. The period for public inspection;
4. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) Any person who intends to give an opinion about the matters publicly announced under paragraph (2) may submit a written opinion to the person who has made a public announcement of the designation of the urban development zone within the period for public inspection set under paragraph (2) 3 (hereafter referred to as “period for public inspection” in this Article and Article 13).
(4) The head of a Si/Gun/Gu shall combine the written opinions submitted under paragraph (3) and submit them to the Minister of Land, Infrastructure and Transport (limited to where the Minister of Land, Infrastructure and Transport has forwarded copies of relevant documents to the head of the Si/Gun/Gu under paragraph (1); hereafter the same shall apply in this Article) and the competent Mayor/Do Governor, and if no written opinions have been submitted, he/she shall give notice thereof to the Minister of Land, Infrastructure and Transport and the competent Mayor/Do Governor: Provided, That the same shall not apply where the designating authority is the head of a Large Si. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(5) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the head of a Si/Gun/Gu shall examine as to whether or not to reflect the opinions submitted under paragraph (3) in the public announcement, and notify the presenters of those opinions of the result within 30 days after the expiration of the period for public inspection. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
 Article 12 (Matters Exempt from Gathering Consensus from Residents, etc.)
“Minor matters prescribed by Presidential Decree” in the latter part of Article 7 (1) of the Act means none of the following:
1. Where the aggregate of the area to be incorporated and the area to be excluded is at least 5/100 of the area of the existing urban development zone (referring to the area of the urban development zone as at the time the urban development zone is designated or modified, after gathering consensus from inhabitants, etc. pursuant to Article 7 (1) of the Act) or is at least 10,000 square meters (if minor modifications are made several times, the results shall be aggregated);
2. Where the method for implementing the project is changed under Article 21 (2) of the Act;
3. Where a designating authority deems it important to protect landowners’ rights and interests or it is determined by ordinance of a City/Do.
[This Article Wholly Amended by Presidential Decree No. 23472, Dec. 30, 2011]
 Article 13 (Public Hearings)
(1) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall hold a public hearing under Article 7 of the Act after the expiration of the period for public inspection if the area of a zone intended for an urban development project is at least 1,000,000 square meters (including where the area is at least 1,000,000 square meters after the urban development plan is modified under Article 4 (3) of the Act). <Amended by Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu that intends to hold a public hearing under paragraph (1) shall publicly announce the following matters at least once in a daily newspaper distributed either nationwide or primarily in the relevant area and on the website thereof, by no later than 14 days before the scheduled date of the public hearing: Provided, That the same shall not apply where the following matters are already included in the public announcement made under Article 11 (2): <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. The objectives of the public hearing;
2. The scheduled date and venue of the public hearing;
3. A summary of a plan for designation and development of the urban development zone;
4. Applications to present opinions;
5. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) If a public hearing fails to be held or has faltered two times due to any cause not attributable to the Minister of Land, Infrastructure and Transport, the relevant Mayor/Do Governor or head of Si/Gun/Gu, it may be omitted. In such cases, the reasons the public hearing is omitted and the timing, methods, etc. for otherwise presenting opinions shall be publicly announced pursuant to paragraph (2) so that the inhabitants’ consensus can be gathered. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(4) A public hearing shall be chaired by a person designated by the entity that holds the public hearing.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for holding public hearings may be determined by the Minister of Land, Infrastructure and Transport or by ordinance of a local government, depending on who holds them. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
 Article 14 (Matters Exempt from Review by Urban Planning Committee)
(1) “Where it modifies minor matters prescribed by Presidential Decree” in the proviso to Article 8 (1) of the Act means cases of modifying matters other than the following: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Where any of Article 7 (1) 2 through 10 applies (“existing” in this Article means the time an urban development zone is designated or modified or a development plan is formulated or modified after review by the Urban Planning Committee under Article 8 (1) of the Act);
2. Where the area of an urban development zone increases or decreases by at least 10/100 of the existing area;
3. Where a designating authority deems it important to realize the objectives set forth in an Urban/Gun master plan or it is determined by ordinance of a City/Do.
(2) Notwithstanding paragraph (1), a modification of a development plan to reflect the outcomes of consultations on the environmental impact assessment under the Environmental Impact Assessment Act, the results of analyzing traffic impacts and examining improvement measures under the Urban Traffic Improvement Promotion Act, or the outcomes of prior consultations on the examination of factors influencing disasters under the Countermeasures against Natural Disasters Act, shall be deemed a modification of a minor matter.
[This Article Wholly Amended by Presidential Decree No. 23472, Dec. 30, 2011]
 Article 14-2 (Consultation with Minister of Land, Transport and Maritime Affairs about Designation of Urban Development Zones)
(1) “Where the urban development zone to be designated falls under the cases prescribed by Presidential Decree, including where the zone is larger than a certain scale or is related to the plan of the State” referred to in Article 8 (3) of the Act means any of the following:
1. Where the area of the urban development zone to be designated is at least 1,000,000 square meters;
2. Where the development plan includes, or is related to, the State plan defined in subparagraph 14 of Article 2 of the National Land Planning and Utilization Act.
(2) Where a designating authority intends to request consultation with the Minister of Land, Infrastructure and Transport pursuant to Article 8 (3) of the Act, it shall submit a written request accompanied by the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 22241, Jun. 29, 2010]
 Article 15 (Announcement, Public Inspection, etc. of Designation of Urban Development Zones and Formulation of Development Plans)
(1) Upon designating an urban development zone, a designating authority shall announce the following matters in the Official Gazette or its official bulletin pursuant to the former part of Article 9 (1) of the Act: Provided, That the matters referred to in subparagraph 7-2 may be announced after he/she designates an implementer: <Amended by Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. The name of the urban development zone;
2. The location and area of the urban development zone;
3. The objectives for designating the urban development zone;
4. The implementer (referring to a proposer if no implementer has been designated) and the location of the principal office thereof;
5. The period of and method for implementing the urban development project;
6. A land utilization plan and an infrastructure plan;
7. The details of land prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (excluding where the particulars of land are announced under subparagraph 7-2 as at the time the urban development zone is designated);
7-2. The particulars of land announced under Article 22 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (limited to an area for which an urban development project is implemented by expropriation or use of land);
8. If it is necessary to build the infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act to be used for an urban development zone outside the urban development zone, a plan for building the infrastructure outside the urban development zone;
9. The period for filing an application for authorization of an implementation plan under Article 11 (8) 4 of the Act;
10. The methods for inspecting related books;
11. Matters concerning an Urban/Gun management plan (including those deemed determined as an urban area or district-unit planning zone under Article 9 (2) of the Act);
12. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) Where a designating authority formulates a development plan after having designated an urban development zone under the proviso to Article 4 (1) of the Act, it may announce some of the matters provided for in the subparagraphs of paragraph (1) (must include the matters provided for in paragraph (1) 1 through 4, 7 and 10) and the matters provided for in Article 9 (1) 5 and 6 after having designated the urban development zone, notwithstanding paragraph (1). In such cases, each of the matters provided for in paragraph (1) may be announced if the development plan is formulated. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
(3) When a designating authority modifies a development plan, he/she shall announce the matters provided for in paragraph (1) 1 through 5 and the modification.
(4) The period for public inspection of the relevant documents under Article 9 (1) of the Act shall be at least 14 days.
(5) “District-unit planning zone prescribed by Presidential Decree” in the main sentence of Article 9 (2) of the Act means a district-unit planning zone designated under subparagraph 1 of Article 49 of the National Land Planning and Utilization Act. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
 Article 16 (Conduct, etc. Subject to Permission)
(1) Conduct to be permitted by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun under Article 9 (5) of the Act are as follows:
1. Construction, etc. of buildings: Constructing, substantially repairing, or changing uses of buildings (including any temporary buildings) defined in Article 2 (1) 2 of the Building Act;
2. Installation of structures: Establishing installations (excluding any buildings defined in Article 2 (1) 2 of the Building Act) manufactured through human labor;
3. Changing the shape and quality of land: Changing the shape of land by cutting, embanking, leveling, or paving the ground, excavating land, or reclaiming public waters;
4. Gathering soil and stones: Gathering soil and stones, such as earth, sand, gravel, and rocks: Provided, That subparagraph 3 shall apply when it is intended to change the shape and quality of land;
5. Partitioning land;
6. Piling goods: Piling goods not easily movable for at least one month;
7. Lumbering and planting bamboo.
(2) When the Special Metropolitan City Mayor, Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun intends to grant permission to engage in any of the conduct provided for in paragraph (1) pursuant to Article 9 (5) of the Act, he/she shall hear in advance opinions of an implementer, if designated under Article 11 of the Act.
(3) “Other conduct prescribed by Presidential Decree” in Article 9 (6) 2 of the Act means the following conduct exempt from permission to engage in development activity under Article 56 of the National Land Planning and Utilization Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. Installing simple structures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, directly used for production of agricultural, forest and fishery products;
2. Changes in the shape and quality of land for farming;
3. Gathering soil and stones to the extent that does not impede the development of an urban development zone or harm the natural scenery;
4. Piling goods on sites determined to be remained within an urban development zone;
5. Temporarily planting decorative bamboo (excluding temporary planting in arable land).
(4) Any person who intends to report his/her construction works or project under Article 9 (7) of the Act shall submit a report prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport that shall be accompanied by the document stating the progress of the construction works or project, and an implementation plan to the Special Metropolitan City Mayor, Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun within 30 days from the date the urban development zone is designated and announced. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
 Article 17 (Announcement of Cancellation of Urban Development Zones, and Public Inspection)
(1) Upon cancellation of the designation of an urban development zone under Article 10 (1) and (2) of the Act, the relevant designating authority shall announce the following matters in the Official Gazette or its official bulletin pursuant to the former part of paragraph (4) of the same Article: <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. The name of the urban development zone;
2. The location and area of the urban development zone;
3. Reasons for cancellation of the urban development zone;
4. Restoration to the original state or abolition of a special-purpose area, special-purpose district, special-purpose zone, or urban/Gun planning facilities under the National Land Planning and Utilization Act;
5. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) “Scale prescribed by Presidential Decree” in the provisos to Article 10 (2) 1 and 2 of the Act means 3,300,000 square meters, respectively.
(3) The period for public inspection of relevant documents under the latter part of Article 10 (4) of the Act shall be at least 14 days.
CHAPTER III IMPLEMENTATION OF URBAN DEVELOPMENT PROJECTS
Section 1 Implementers, Implementation Plans, etc.
 Article 18 (Implementers)
(1) “Public institutions prescribed by Presidential Decree” in Article 11 (1) 2 of the Act means: <Amended by Presidential Decree No. 21565, Jun. 26, 2009; Presidential Decree No. 21744, Sep. 21, 2009; Presidential Decree No. 23472, Dec. 30, 2011>
1. 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”);
2. Deleted; <by Presidential Decree No. 21744, Sep. 21, 2009>
3. The Korea Water Resources Corporation under the Korea Water Resources Corporation Act;
4. The Korea Rural Community Corporation established under the Korea Rural Community Corporation and Farmland Management Fund Act;
5. The Korea National Tourism Organization established under the Korea Tourism Organization Act;
6. The Korea Railroad Corporation established under the Korea Railroad Corporation Act;
7. The purchasing public institutions referred to in Article 43 (3) of the Special Act on the Construction and Support of Innovation Cities Following Relocation of Public Agencies (limited to development of existing real estate defined in subparagraph 6 of Article 2 of the same Act and its environs).
(2) “Government-funded institutions prescribed by Presidential Decree” in Article 11 (1) 3 of the Act means: <Amended by Presidential Decree No. 24757, Sep. 17, 2013>
1. The Korea Rail Network Authority established under the Korea Rail Network Authority Act (limited to implementation of projects for developing station areas defined in subparagraph 2 of Article 2 of the Act on Developing and Using Station Areas);
2. The Jeju Free International City Development Center established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (limited to implementation of development projects within Jeju Special Self-Governing Province).
(3) “Corporation meeting requirements prescribed by Presidential Decree” in Article 11 (1) 7 of the Act means either of: <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
1. A corporation that has run a business with factories, or has held its main office or principal office (hereafter referred to as “headquarters” in this Article), for at least three consecutive years within an overconcentration control region under Article 6 (1) 1 of the Seoul Metropolitan Area Readjustment Planning Act (hereafter referred to as “overconcentration control region” in this Article) and relocates either all of the factories or the headquarters outside of the Seoul Metropolitan area defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act (hereinafter referred to as “Seoul Metropolitan area”). In such cases, the number of employees transferred following the relocation of the factories or headquarters (if several corporations are relocated together, the total number of employees thereof) shall be at least 500;
2. An educational foundation that has a university or college defined in subparagraph 1 of Article 2 of the Higher Education Act (excluding any graduate school university or college referred to in Article 30 of the same Act) within an overconcentration control region and relocates all facilities of the university or college outside of the Seoul Metropolitan area.
(4) “Person meeting requirements prescribed by Presidential Decree” in Article 11 (1) 8 of the Act means a person meeting all of the following requirements: Provided, That excluded herefrom is any corporation undergoing rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27444, Aug. 11, 2016>
1. The last three-years’ average business performance (referring to site development expenses and excluding compensation expenses) submitted under Article 10 of the Housing Act shall be at least the average annual project cost (excluding compensation expenses) incurred in relation to the relevant urban development project;
2. Management soundness shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(5) “Person meeting requirements prescribed by Presidential Decree” in Article 11 (1) 9 of the Act means either of the following whose management soundness meets the standards determined and announced by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That excluded herefrom is any corporation undergoing rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. A person who has filed for registration to operate a business performing general construction works (limited to the civil engineering work business and civil engineering and building work business) under the Framework Act on the Construction Industry and whose amount of the execution capacity appraised and publicly announced under Article 23 of the same Act shall be at least the average annual project cost (excluding compensation expenses) incurred in relation to the relevant urban development project;
(6) “Person meeting requirements prescribed by Presidential Decree” in Article 11 (1) 9-2 of the Act means a person meeting all of the following requirements: Provided, That excluded herefrom is any corporation undergoing rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act: <Amended by Presidential Decree No. 23957, Jul. 17, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. The last three-years’ average annual business performance reported to the Minister of Land, Infrastructure and Transport under subparagraph 1 of Article 17 of the Act on the Management and Promotion of Real Estate Development Business shall be at least the average annual project cost incurred in relation to the relevant urban development project;
2. He/she shall not have been subjected to any corrective measures under Article 22 of the Act on the Management and Promotion of Real Estate Development Business and business suspension under Article 24 (1) of the same Act for the latest three years as at the filing date of an application for designation of an implementer;
3. Management soundness shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(7) “Person meeting requirements prescribed by Presidential Decree” in Article 11 (1) 10 of the Act means either of the following persons whose amount of liabilities in the financial statements is less than two times the capital based on the investment report publicly announced under Article 38 of the Real Estate Investment Company Act as at the filing date of an application for designation of an implementer and against whom no measures referred to in any of Article 39 (2) 1 and 2 of the same Act and subparagraph 1 of Article 41 of the Enforcement Decree of the same Act has been taken for the last three years: Provided, That excluded herefrom is any corporation undergoing rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act: <Newly Inserted by Presidential Decree No. 23957, Jul. 17, 2012>
1. A person whose average annual aggregate of the investment and management records of assets referred to in subparagraphs 1 through 3 and 6 of Article 21 of the Real Estate Investment Company Act (for an entrusted management real estate investment trust, referring to the average annual aggregate of the records of investment and management by an asset management company entrusted with the asset investment and management business by the real estate investment trust) for the last three years shall be at least the average annual project cost incurred in relation to the relevant urban development project;
2. A person whose capital stated in a business plan under Article 9 (2) 2 of the Real Estate Investment Company Act shall be at least 15/100 of the total project cost incurred in relation to the relevant urban development project.
(8) “Corporation meeting requirements prescribed by Presidential Decree” in Article 11 (1) 11 of the Act means either of the following: <Newly Inserted by Presidential Decree No. 23957, Jul. 17, 2012>
1. A corporation in which at least 50/100 of the capital has been invested by a person referred to in any of Article 11 (1) 1 through 5, 7 through 9, 9-2 and 10 of the Act;
2. A corporation in which at least 30/100 of the capital has been invested by a person referred to in any of Article 11 (1) 1 through 5, 7 through 9, 9-2 and 10 of the Act, and an aggregate of the investment ratios of the following is at least 20/100:
(a) A person referred to in any of Article 11 (1) 1 through 4 of the Act;
(b) A corporation established under Acts to manage funds established under Article 5 (1) of the National Finance Act;
(c) A mutual-aid association established under Acts;
 Article 19 (Applications for Designation of Implementers)
(1) Each person who intends to be designated as an implementer under Article 11 (1) of the Act shall submit an application for designation of a project implementer stating the following matters to the designating authority via the head of the competent Si (excluding the head of a Large Si)/Gun/Gu, which shall also apply when he/she amends details of the designation: Provided, That the same shall not apply where the designating authority directly implements an urban development project, and if the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a Large Si is the designating authority, he/she may submit such application directly to the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a Large Si: <Amended by Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. The name (for a corporation, its name and the name of its representative) and address of the applicant;
2. A summary of the project implementation plan:
(a) The name of the project;
(b) The objectives of implementing the project;
(c) The details of the project;
(d) The period for implementing the project;
(e) The methods for implementing the project.
(2) The application for designation of a project implementer submitted under paragraph (1) shall be accompanied by the following documents and drawings:
1. A project plan;
2. A funding plan;
3. A location map.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), the designation of implementers and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
 Article 20 (Designation of Implementers by Replotting)
(1) “Person prescribed by Presidential Decree” referred to in the former part of Article 11 (2) of the Act means the Korea Land and Housing Corporation, a local government-invested public corporation established under the Local Public Enterprises Act, and an entity falling under Article 18 (5) 2. <Amended by Presidential Decree No. 21744, Sep. 21, 2009>
(2) “Period prescribed by Presidential Decree” in Article 11 (2) 1 of the Act means a period not exceeding one year from the date a development plan is formulated and announced under Article 9 (1) of the Act: Provided, That when a designating authority extends the period for filing applications for designation of an implementer by up to six months because it deems the extension unavoidable, it refers to the extended period. <Amended by Presidential Decree No. 22241, Jun. 29, 2010>
 Article 21 (Rules for Urban Development Projects)
Rules formulated by persons who intend to jointly implement an urban development project under Article 11 (3) of the Act shall include the following matters: Provided, That subparagraphs 12, 14, 16, and 18 shall be included only where an urban development project is implemented by replotting: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. The name of the project;
2. The objectives of the project;
3. The location and area of the urban development zone;
4. The period for implementing the project;
5. The scope of the project;
6. The location of the principal office;
7. Qualifications, number, terms of office, duties, and method of appointment of executives, if applicable;
8. Matters about meetings;
9. Apportionment of expenses;
10. Accounting and contracts;
11. The method of giving public announcements;
12. The organization and operation of the Land Appraisal Council;
13. The method of assessing the value of land, etc.;
14. The replotting plan and the designation of reserved land for replotting;
15. The management and disposal of land, etc.;
16. The management and disposal of reserved land and land allotted by the authorities in recompense for development outlay;
17. The burden of land for public facilities;
18. Liquidation;
19. The details of notification to be given to the implementer, such as changes in land ownership;
20. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 22 (Implementation Regulations, etc. for Urban Development Projects)
(1) “Ratio prescribed by Presidential Decree” referred to in Article 11 (4) of the Act means 50/100.
(2) The implementation regulations stipulated pursuant to Article 11 (4) of the Act (hereinafter referred to as “implementation regulations”) shall include the following: <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
1. The matters referred to in subparagraphs 1 through 6 and 9 through 20 of Article 21;
2. When expenses incurred in project management are appropriated under the latter part of Article 11 (4) of the Act (hereinafter referred to as “project management expenses”), the amount of the project management expenses and the timing and method of payment thereof.
(3) “Standards prescribed by Presidential Decree” referred to in the latter part of Article 11 (4) of the Act means appropriating up to 7/100 of the project cost (if the project is implemented by the combined method under Article 43 (1) 3, referring to an amount calculated by multiplying the total project cost by the ratio of an area to which replotting applies in the total area of the urban development zone) as project management expenses. <Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012>
(4) If an implementer is a Mayor/Do Governor or the head of a Si/Gun/Gu, the implementation regulations referred to in paragraph (2) shall be determined by ordinance thereof. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
 Article 23 (Proposals for Designation of Urban Development Zones)
(1) Each person who intends to propose the designation of an urban development zone under Article 11 (5) of the Act, shall submit a proposal for designation of the urban development zone prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(2) If an area proposed to be designated as an urban development zone straddles the administrative districts of at least two Sis/Guns/Gus, the proposal referred to in paragraph (1) shall be submitted to the head of a Si/Gun/Gu that has the largest proposed area.
(3) Upon receipt of a proposal for designation of an urban development zone under paragraph (1), the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall give notice to the proposer as to whether he/she accepts the proposal, within one month: Provided, That when he/she may extend the period of notice by up to one month in exceptional circumstances, such as delayed consultations with relevant agencies. <Amended by Presidential Decree No. 22896, Apr. 6, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26618, Nov. 4, 2015>
(4) “Authority prescribed by Presidential Decree” in the main sentence of Article 11 (5) of the Act means a written consent to use land and a land sale and purchase contract.
(5) “Ratio prescribed by Presidential Decree” in Article 11 (6) of the Act means 50/100.
 Article 24 (Replacement of Implementers)
“Period prescribed by Presidential Decree” referred to in Article 11 (8) 4 of the Act means a period not exceeding one year from the date the designation of an urban development zone is announced under Article 9 (1) of the Act: Provided, That when a designating authority extends the period for filing an application for authorizing an implementation plan by up to six months because it deems the extension unavoidable, it refers to the extended period.
 Article 25 (Methods, etc. for Calculating Number of Consenters)
(1) The number of consenters under Article 11 (2) 3 of the Act and Article 11 (6) thereof shall be calculated as follows:
1. Where land ownership or a superficies is jointly owned: Only one representative of the co-owners or persons holding superficies who is designated with the other co-owners’ consent shall be deemed a landowner or a person holding superficies: Provided, That sectional owners defined in subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings shall each be deemed a landowner;
2. Where the number of landowners increases following division into sectional ownership defined in subparagraph 1 of Article 2 of the Act on Ownership and Management of Condominium Buildings after the date of a public inspection or public announcement under Article 11 (2): The number of consenters shall be calculated based on the number of landowners as at the date of the public inspection or public announcement, and the increased number of landowners shall be disregarded for the purpose of calculating the total number of landowners;
3. Where a person has withdrawn consent before the designation of an urban development zone is proposed under Article 11 (5) of the Act: He/she shall not be included in the number of consenters;
4. Where a landowner has been changed during the period from the date the designation of an urban development zone is proposed under Article 11 (5) of the Act to the date the urban development zone is designated under Article 3 of the Act: The number of consenters shall be calculated based on the written consents of the existing landowners.
(2) Where a landowner gives or withdraws consent, he/she shall submit a written consent or a written withdrawal of consent prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the representative of the co-owners of any jointly-owned land or superficies shall submit such written consent or written withdrawal of consent, along with the written consent to designate him/her as the co-owners’ representative and other documents evidencing his/her own and the other co-owners’ identity. <Amended by Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), further details necessary for the methods, procedures, etc. for calculating the number of consenters shall be determined by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
 Article 25-2 (Vicarious Execution of Urban Development Project)
(1) The scope of urban development projects allowed to be vicariously executed by housing construction project operators, etc. under the Article 11 (11) of the Act shall be as follows:
1. Execution designing;
2. Site construction work;
3. Infrastructure construction work;
4. Parceling out developed land.
(2) Where an implementer intends to have an agent execute an urban development project under Article 11 (11) of the Act, he/she shall publicly notify the following and select an agent (hereinafter referred to as “development agent”) by means of a competitive bid:
1. Objectives of a development project;
2. The type and outlines of a development project;
3. The execution period of a development project;
4. Qualifications of a development agent and documents to be submitted;
5. Standards and methods for selection of a development agent.
(3) Where an implementer intends to have a development agent execute an urban development project under Article 11 (11), he/she shall enter a contract with the agent.
(4) Except as provided in paragraphs (1) through (3), necessary matters for the vicarious execution of an urban development project shall be prescribed by the Minister of Land, Infrastructure and Transport.
[This Article Newly Inserted by Presidential Decree No. 26618, Nov. 4, 2015]
 Article 26 (Entrustment of Projects for Public Facilities, etc.)
(1) “Other public facilities prescribed by Presidential Decree” referred to in Article 12 (1) of the Act means infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act.
(2) “A public institution and a government-funded institution prescribed by Presidential Decree” referred to in Article 12 (1) of the Act means: <Amended by Presidential Decree No. 21565, Jun. 26, 2009; Presidential Decree No. 21744, Sep. 21, 2009>
1. The Korea Land and Housing Corporation;
2. Deleted; <by Presidential Decree No. 21744, Sep. 21, 2009>
3. The Korea Water Resources Corporation established under the Korea Water Resources Corporation Act;
4. The Korea Rural Community Corporation established under the Korea Rural Community Corporation and Farmland Management Fund Act;
5. The Korea National Tourism Organization established under the Korea National Tourism Organization Act;
6. The Korea Railroad Corporation established under the Korea Railroad Corporation Act;
7. The Korea Rail Network Authority established under the Korea Rail Network Authority Act;
8. The Jeju Free International City Development Center established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City.
(3) When an implementer intends to partially entrust an urban development project pursuant to Article 12 (1) of the Act, it shall enter into an agreement with the entrusted entity, such as the State and a local government, about the following:
1. The area of the entrusted project;
2. The type, scale, and amount of the entrusted project, and the standards for the design of construction works;
3. The period for implementation of the entrusted project (including the scheduled dates for construction and completion of construction works and the progress schedule);
4. The method of paying costs incurred in conducting the entrusted project, and the management of such costs;
5. The management of real estate, equipment or workers, if any, supplied by the entruster;
6. Mattering about risk sharing;
7. Other matters necessary for giving a more detailed description of the entrusted project.
 Article 27 (Entrustment of Land Purchase, etc.)
(1) When an implementer intends to entrust the basic survey, affairs of purchasing land and compensation for loss, an inhabitant migration countermeasure project, etc. under Article 12 (2) of the Act, it shall enter into agreement with the entrusted entity about the matters provided for in the subparagraphs of Article 26 (3).
(2) “Public institution, a government-funded institution, or a government-contributed institution prescribed by Presidential Decree” referred to in the main sentence of Article 12 (2) of the Act means: <Amended by Presidential Decree No. 21565, Jun. 26, 2009; Presidential Decree No. 21641, Jul. 27, 2009; Presidential Decree No. 21744, Sep. 21, 2009; Presidential Decree No. 27473, Aug. 31, 2016>
1. The Korea Land and Housing Corporation;
2. Deleted; <by Presidential Decree No. 21744, Sep. 21, 2009>
3. The Korea Water Resources Corporation established under the Korea Water Resources Corporation Act;
4. The Korea Rural Community Corporation established under the Korea Rural Community Corporation and Farmland Management Fund Act;
5. The Korea Rail Network Authority established under the Korea Rail Network Authority Act;
6. The Jeju Free International City Development Center established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;
7. The Korea Appraisal Board under the Korea Appraisal Board Act.
 Article 28 (Development under Trust)
(1) Each implementer that intends to obtain approval of a trust contract for an urban development project (hereinafter referred to as “trust contract”) under Article 12 (4) of the Act, shall submit the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the designating authority. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(2) Upon entering into a trust contract with approval under paragraph (1), the implementer shall give notice thereof to the designating authority with a copy of the contract within one month from the date of execution of the trust contract. <Amended by Presidential Decree No. 26618, Nov. 4, 2015>
(3) When intending to enter into a trust contract, the implementer shall do so with the person provided for in Article 18 (5) 2.
 Article 29 (Particulars to be Included in Articles of Association)
(1) Articles of association drafted by an association established by landowners in an urban development zone (hereinafter referred to as “association”) to conduct an urban development project under Article 13 (1) of the Act, shall include the following: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. The name of the urban development project;
2. The name of the association;
3. The objectives of the project;
4. The area of the urban development zone;
5. The scope of and period for the project;
6. The location of the principal office;
7. Qualifications, number, terms of office, duties, and methods of appointment of the executives;
8. Matters concerning meetings;
9. For a general meeting, the organization and functions, the methods of exercising voting rights and other matters concerning conducting meetings;
10. Given a board of representatives or a board of directors, the organization, functions, methods of exercising voting rights, and other matters concerning conducting meetings;
11. Apportionment of expenses;
12. Accounting and contracts;
13. The burden of land for public facilities;
14. The methods of giving public announcements;
15. The organization and operation of the Land Appraisal Council;
16. The method of assessing the value of land, etc.;
17. The replotting plan and the designation of reserved land for replotting;
18. The management and disposal of reserved land and land allotted by the authorities in recompense for development outlay;
19. Liquidation;
20. If buildings are constructed, the management and disposal of such buildings;
21. The details of notification to be given to the implementer, such as changes in land ownership;
22. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) Detailed criteria for formulating the articles of association may be prescribed by ordinance of a Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as “City/Do”).
 Article 30 (Minor Modifications of Matters Subject to Authorization to Establish Associations)
“If it intends to change any of the minor matters prescribed by Presidential Decree” referred to in the proviso to Article 13 (2) of the Act means either of the following:
1. If it intends to change the location of its principal office;
2. If it intends to change the method of giving public announcements.
 Article 31 (Methods, etc. for Calculating Number of Consenters)
(1) Article 6 (4) through (7) (excluding paragraph (4) 4 and 5) shall apply mutatis mutandis to the methods, etc. for calculating the number of consenters referred to Article 13 (3) of the Act. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
(2) Any landowner may withdraw consent given under Article 13 (3) of the Act before an application for authorization to establish an association is filed. In such cases, the landowner shall be excluded from the number of consenters.
(3) Any person who acquires land from a consenter to authorization to establish an association shall be deemed to have consented to the establishment of the association: Provided, That this shall not apply where the acquisitor of land withdraws consent before an application for authorization to establish the association is filed.
[This Article Wholly Amended by Presidential Decree No. 22896, Apr. 6, 2011]
 Article 32 (Establishment, etc. of Associations)
(1) The representative of an association who obtains authorization to establish the association under Article 13 of the Act shall file for registration for its establishment at the registry office having jurisdiction over its principal place of office within 30 days from the date such authorization is granted.
(2) The rights and duties of association members are as follows: <Amended by Presidential Decree No. 22241, Jun. 29, 2010>
1. Equal voting rights regardless of the area of land owned: Provided, That an association member who acquires from any third member the entire ownership in land he/she holds in the relevant urban development zone may succeed to the voting right of such member who transfers his/her land ownership, separately from his/her own original voting right, as prescribed by the articles of association;
2. Sharing expenses incurred in operating the association and implementing the urban development project, as prescribed by the articles of association;
3. Other rights and duties prescribed by the articles of association.
(3) For the purposes of paragraph (2) 1, if land is jointly owned, one representative of the co-owners designated with the other co-owners’ consent shall have one voting right, and sectional owners defined in subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings shall each have one voting right: Provided, That a person who acquires sectional ownership following division into sectional ownership defined in Article 2 of the Act on Ownership and Management of Condominium Buildings after the date of a public inspection or public announcement under Article 11 (2) shall have no voting right. <Newly Inserted by Presidential Decree No. 22241, Jun. 29, 2010>
(4) When preparing a replotting plan under Article 28 of the Act or otherwise implementing a project, the association shall not discriminate against any member for voting against a resolution, etc. at a general meeting or being the owner of a small parcel of land. <Newly Inserted by Presidential Decree No. 22241, Jun. 29, 2010>
 Article 33 (Executives of Association)
(1) Each association shall have the following executives:
1. One president;
2. Directors;
3. An auditor.
(2) Every executive of an association referred to in paragraph (1) shall be a member of the association who holds a voting right pursuant to Article 32 (2) 1 (hereinafter referred to as “voting right”) and shall be appointed at a general meeting, as determined by the articles of association. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
 Article 34 (Duties, etc. of Executives of Association)
(1) The president of an association shall represent the association, exercise overall control of its affairs, and preside over general meetings, the board of representatives’, and the board of directors’ meetings.
(2) Directors shall assist the president of the association and take partial charge of its affairs, as determined by the articles of association.
(3) The auditor shall examine the affairs, financial standing, and accounts of the association.
(4) With respect to a contract entered into between the president or a director of an association and the association, or a lawsuit arising in relation thereto, in his/her own interest, the auditor shall represent the association.
(5) No executive of an association may concurrently serve as an executive or employee of any third association having the same business objectives.
 Article 35 (Matters Subject to Resolutions by General Meetings)
Each of the following matters shall be subject to a resolution by a general meeting:
1. Amending the articles of association;
2. Formulating and modifying a development plan and an implementation plan;
3. Borrowing funds, the methods of borrowing, and the interest rates, and methods of redemption of borrowings;
4. A budget for the revenue and expenditure of the association;
5. The amount of charges or the methods of collection thereof;
6. Formulating a replotting plan;
7. Designating reserved land for replotting;
8. The methods of disposing of land allotted by the authorities in recompense for development outlay and other land under Article 44 of the Act;
9. Appointing the executives of the association;
10. Matters concerning merge or dissolution of the association: Provided, That the same shall not apply where the association is dissolved after collecting and granting proceeds from liquidation under Article 46 of the Act;
11. Other matters determined by the articles of association.
 Article 36 (Board of Representatives)
(1) Any association comprised of at least 50 voting members may establish a board of representatives to act on behalf of a general meeting. <Amended by Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 26618, Nov. 4, 2015>
(2) The number of representatives of a board of representatives shall be at least 10/100 of the total number of the voting members, and the representatives shall be elected from among the voting members, as determined by the articles of association. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
(3) A board of representatives may act on behalf of a general meeting as regards the matters subject to resolutions by a general meeting under Article 35, except those provided for in subparagraphs 1, 2 (excluding both the minor modifications of a development plan concerning the matters referred to in Article 7 and the formulation and modifications of an implementation plan under Article 17 (1) of the Act (hereinafter referred to as “implementation plan”)), 6 (excluding the minor modifications of a replotting plan under the subparagraphs of Article 60 (1)), 9, and 10 of Article 35. <Amended by Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 25703, Nov. 4, 2014>
 Article 37 (Outsourcing of Collection)
Where an association outsources the collection of dues or arrearages to a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under Article 16 (4) of the Act, it shall submit a letter outsourcing collection specifying the addresses and names of those liable to pay them and the amount of and deadline for payment, to a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
 Article 38 (Preparation of Implementation Plans)
(1) An implementation plan referred to in Article 17 (1) of the Act (hereinafter referred to as “implementation plan”) shall be formulated in conformity with the relevant development plan.
(2) A district-unit plan referred to in the latter part of Article 17 (1) of the Act shall be formulated in conformity with the standards for formulation of district-unit plans under Article 49 (2) of the National Land Planning and Utilization Act. <Amended by Presidential Decree No. 24757, Sep. 17, 2013>
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), further details necessary for formulating implementation plans shall be determined by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
 Article 39 (Applications for Authorization of Implementation Plans)
To obtain authorization of an implementation plan under Article 17 (2) of the Act, each implementer shall file an application for authorization of the implementation plan with the designating authority via the head of the competent Si (excluding the head of a Large Si)/Gun/Gu, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That when the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a Large Si is the designating authority, the implementer may file such application directly with the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a Large Si. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
 Article 40 (Announcement of Implementation Plans)
(1) Upon formulating an implementation plan or granting authorization thereof, a designating authority shall announce the following pursuant to the former part of Article 18 (1) of the Act: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. The name of the project;
2. The objectives of the project;
3. The location and area of the urban development zone;
4. The implementer;
5. The period of implementation;
6. The method for implementation;
7. The details of the Urban/Gun management plan (including district-unit plans);
8. The period for and place of public inspection of books concerning the authorized implementation plan;
9. The details of the announcement or public announcement of authorization, permission, etc. deemed granted following the announcement of the implementation plan under Article 19 of the Act.
(2) With respect to a zone for which an urban development project is implemented by replotting, the designating authority shall give notice to the competent registry of the matters provided for in subparagraphs 1 through 6 among those announced under paragraph (1) and submit a protocol of land thereto.
 Article 41 (Consultation Period)
“Period prescribed by Presidential Decree” referred to in the latter part of Article 19 (3) of the Act means a period not exceeding 20 days. <Amended by Presidential Decree No. 22665, Feb. 9, 2011>
 Article 41-2 (Operation, etc. of Council for Authorization and Permission)
(1) When organizing a council under Article 19 (4) of the Act, the designating authority shall give notice thereof to the heads of the relevant administrative agencies by no later than seven days before the date for holding the council.
(2) A council held by the designating authority under paragraph (1) shall include public officials of at least Grade 5 affiliated with the relevant administrative agencies and the implementer.
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 42 (Standards for Posting Supervisors, Scope of Duties, etc.)
(1) The standards for posting supervisors under Article 20 (2) of the Act are as follows:
1. Employees eligible to supervise shall supervise construction works at the construction site;
2. One general supervisor to exercise overall control over the affairs of supervising construction works and a supervisor for each field of construction works shall be posted;
3. A general supervisor shall be posted throughout the period of construction for the urban development project, and a supervisor for each field of construction works for the period of the relevant construction works;
4. No supervisor shall be posted concurrently for any other project work.
(2) Deleted. <by Presidential Decree No. 26618, Nov. 4, 2015>
(3) Upon receipt of an objection under the latter part of Article 20 (4) of the Act, a designating authority shall notify the objector and the supervisor of the result within ten days of receiving the objection.
(4) Urban development project works subject to supervision under Article 20 (8) of the Act are as follows: <Amended by Presidential Decree No. 26618, Nov. 4, 2015>
1. Where the cost of construction for the urban development project is at least ten billion won: Construction project management, including vicarious execution of supervision authority under Article 55 (1) 2 of the Enforcement Decree of the Construction Technology Promotion Act;
2. Where the cost of construction for the urban development project is less than ten billion won: Construction project management during construction under Article 45 (1) 3 of the Enforcement Decree of the Construction Technology Promotion Act.
(5) Except as otherwise expressly provided for in this Decree, Articles 59 and 60 of the Enforcement Decree of the Construction Technology Promotion Act shall apply mutatis mutandis to the standards for posting supervisors methods and procedures for supervision, supervision contracts, etc. <Amended by Presidential Decree No. 22525, Dec. 13, 2010; Presidential Decree No. 25358, May 22, 2014>
 Article 43 (Methods of Implementing Urban Development Projects)
(1) In principle, each implementer shall determine the method for implementing an urban development project for an area to be designated as an urban development zone as prescribed follow; however, it may determine the method for implementing the urban development project according to the criteria prescribed by the Minister of Land, Infrastructure and Transport if necessary in light of the level of difficulty, scale, etc. of the project: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. Replotting: In either of the following circumstances:
(a) Where it is necessary to exchange, subdivide or combine land, readjust lots, change the category, shape or quality of land, or establish or alter public facilities to promote the utility of lots or maintain public facilities;
(b) Where it is impracticable to implement an urban development project by expropriation or use because land prices in the area for such project are substantially higher than land prices in other adjacent areas;
2. Expropriation or use: Where integrated development and supply, such as planned and systematic urban development, are required;
3. Combined method: Where an area to be designated as an urban development zone is partially subject to subparagraph 1 or 2.
(2) An implementer who intends to implement an urban development project by the combined method provided for in paragraph (1) 3 may use either of the following methods: <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
1. Divided combined method: The method of dividing by project implementation district, an area to which the method of expropriation or use applies and an area to which the replotting method applies;
2. Undivided combined method: The method of applying both the method of expropriation or use and the replotting method without dividing a project implementation district. In such cases, replotting shall be governed by the provisions of Section 3 of Chapter III of the Act concerning project implementation, and other matters by the provisions concerning the method of expropriation or use.
(3) Where a project implementation district is divided under paragraph (2) 1, expenses, etc. for building infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act to be borne by project district shall be clearly divided and reflected in the implementation plan. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
(4) Further details necessary in relation to the methods, etc. for implementing urban development projects under paragraph (2) shall be determined by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(5) If an urban development zone ceases to meet any of the requirements determined as at the time the method of implementing the urban development project is designated due to a rise in land prices or changes in the conditions of regional development, or if it satisfies any of the requirement prescribed in the subparagraphs of paragraph (1), the designating authority may change the method of implementing the urban development project into a method meeting a corresponding requirement under any of the subparagraphs of Article 21 (2) of the Act.
 Article 43-2 (Sale, Lease, etc. of Circulative Housing)
(1) To sell or lease circulative housing under the former part of Article 21-2 (3) of the Act, the implementer shall do so in a manner that suits the objectives of supplying the circulative housing approved under Article 15 of the Housing Act, as determined by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27444, Aug. 11, 2016>
(2) Any person who intends to rent circulative housing for lease under paragraph (1) shall satisfy the eligibility to reside in the private rental housing under the Special Act on Private Rental Housing or the public rental housing under the Special Act on Public Housing. <Amended by Presidential Decree No. 26763, Dec. 28, 2015>
(3) Where a person entitled to replotting wishes to continuously reside in circulative housing under Article 21-2 (3) of the Act, the landowner may, pursuant to Article 41 of the Act, liquidate the land appurtenant to the housing, which is held by him/her in the urban development zone, and exclude it from the land entitled to replotting.
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 43-3 (Creation or Supply of Construction Sites, etc. for Rental Housing)
(1) When creating or supplying construction sites for rental housing or building and supplying rental housing under Article 21-3 (1) of the Act, the implementer shall formulate a plan for creating construction sites for rental housing or a plan for building rental housing in consideration of the method for implementing the relevant urban development project, the status of unoccupied rental housing in the relevant area, etc.
(2) Notwithstanding paragraph (1), an implementer may opt not to formulate a plan for creating construction sites for rental housing or a plan for building rental housing in any of the following circumstances: <Amended by Presidential Decree No. 23957, Jul. 17, 2012>
1. Where the area of the urban development zone is less than 100,000 square meters or the population to be admitted is not more than 3,000 (if the entire urban development zone is developed by replotting, the area of the urban development zone is less than 300,000 square meters or the population to be admitted is not more than 5,000);
2. Where the population to be admitted to multi-unit housing built and supplied through the urban development project, the net residential area of which is does not exceed 60 square meters, is at least 40/100 (50/100 for the Seoul Metropolitan area or an area within a Metropolitan City) of the total population to be admitted to the urban development zone;
3. Where the rental housing planned under paragraph (1) is comprised of less than 50 households.
(3) When necessary for formulating a plan for building rental housing under paragraph (1), the implementer may request the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun to provide data concerning the status of unoccupied rental housing in the relevant area.
(4) Detailed criteria for formulating plans for building rental housing under paragraph (1) shall be determined and announced by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 43-4 (Procedures and Methods for Acquiring Construction Sites, etc for Rental Housing)
(1) Methods for and timing of acquiring construction sites for rental housing or rental housing, and the repair of defects under Article 21-3 (3) of the Act and other necessary matters shall be determined through consultation between the implementer and the entity to acquire the construction sites for rental housing or rental housing.
(2) The acquisition price of construction sites for rental housing under paragraph (1), shall be an amount calculated according to each of the following subparagraphs and, the construction cost of built rental housing to be acquired shall be a construction cost calculated according to the criteria for assessment of the prices for conversion for sale in lots under Article 54 (5) of the Enforcement Decree of the Special Act on Public Housing. In such cases, the items included in calculating the price of construction sites for rental housing and the construction cost may be determined through consultation between the implementer and the entity to acquire the construction sites: <Amended by Presidential Decree No. 26763, Dec. 28, 2015; Presidential Decree No. 27472, Aug. 31, 2016>
1. Construction sites for rental housing referred to in Article 54 (1) 1 through 3 of the Enforcement Decree of the Special Act on Public Housing: 80/100 of an amount (hereinafter referred to as “appraised value”) computed by taking an arithmetical average of the values appraised by an appraisal business operator under the Act on Appraisal and Certified Appraisers (hereinafter referred to as “appraisal business operator”);
2. Construction sites for rental housing referred to in Article 54 (1) 4 and 5 of the Enforcement Decree of the Special Act on Public Housing: 90/100 of the appraised value;
3. Construction sites for rental housing other than those provided for in subparagraphs 1 and 2: Appraised value.
(3) If no agreement is reached regarding the acquisition of construction sites, etc. for rental housing under paragraphs (1) and (2), the designating authority may make necessary recommendations, etc.
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 43-5 (Terms, etc. for Supply of Rental Housing)
(1) Tenants referred to in Article 21-3 (4) of the Act shall be selected based on the following priorities from among no homeowners (any house removed due to the relevant urban development project shall be deemed not owned) as at the time an application for supply of rental housing is filed: Provided, That when competition occurs among applicants at the same priority, tenants shall be selected by drawing lots:
1. Priority 1: A tenant who has resided in the relevant urban development zone from before the date of public inspection or public announcement under Article 11 (2) until either the date of announcement of an indemnity plan under Article 15 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereafter referred to as “date of announcement of an indemnity plan” in this Article) that applies mutatis mutandis under Article 22 (2) of the Act or the date of public announcement of a replotting plan under Article 29 (3) of the Act (hereafter referred to as “date of public announcement of a replotting plan” in this Article);
2. Priority 2: The owner of a house who has resided in the relevant urban development zone from before the date of public announcement under Article 11 (2) until the date of announcement of an indemnity plan or the date of public announcement of a replotting plan: Provided, That for an area to which the replotting method applies, such owner means a person who loses his/her residence due to the relevant urban development project, among those who have not received any land replotted for residential land or housing;
3. Priority 3: A person who loses his/her residence due to infrastructure being built outside the relevant urban development zone.
(2) Rental deposits and rents for rental housing supplied under paragraph (1) shall be determined by the supplier of the rental housing after consultation with the head of the relevant Si/Gun/Gu.
(3) The Special Act on Private Rental Housing or the Special Act on Public Housing shall apply to the selection of tenants for rental houses remaining after supply under paragraph (1) or for houses unoccupied due to removal of rental tenants. <Amended by Presidential Decree No. 26763, Dec. 28, 2015>
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 43-6 (Organization, etc. of Dispute Mediation Committees)
Where pursuant to the proviso to Article 21-4 (1) of the Act an urban dispute mediation committee established under Article 77-2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents may function as a dispute mediation committee for urban development projects under the main sentence of Article 21-4 (1) of the Act shall be limited to where at least two of the following persons are included in the members of the urban dispute mediation committee established under Article 77-2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents:
1. A public official of at least Grade 5 performing the duties concerning the urban development projects of the relevant Si/Gun/Gu;
2. A person who serves as at least an associate professor in a university, college or a research institute;
3. An attorney-at-law, certified public appraiser, or certified public accountant;
4. A professional urban planning engineer or certified architect (limited to the application of multi-level replotting), or a person who has been engaged in replotting design for at least three years (limited the application of the replotting method).
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
Section 2 Implementation of Projects by Expropriation or Use
 Article 44 (Methods, etc. for Calculating Number of Consenters)
Article 6 (4) through (7) shall apply mutatis mutandis to the methods, etc. for calculating the number of consenters under the proviso to Article 22 (1) of the Act. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
 Article 45 (Issuance of Land Redemption Bonds)
Land redemption bonds referred to in Article 23 (1) of the Act (hereinafter referred to as “land redemption bond”) may be issued only to the extent that the land or building to be redeemed with the land redemption bonds does not exceed 1/2 of the area of the land or building for sale created in the course of the relevant urban development project.
 Article 46 (Guarantee Institutions of Land Redemption Bonds)
“Financial institution, etc. prescribed by Presidential Decree” in the proviso to Article 23 (1) of the Act means banks defined in Article 2 (1) 2 of the Banking Act (hereinafter referred to as “bank”), insurance companies established under the Insurance Business Act, and mutual-aid associations under Article 54 of the Framework Act on the Construction Industry. <Amended by Presidential Decree No. 22493, Nov. 15, 2010; Presidential Decree No. 26618, Nov. 4, 2015>
 Article 47 (Plans for Issuance of Land Redemption Bonds)
A plan for issuance of land redemption bonds referred to in Article 23 (2) of the Act shall include the following:
1. The name of the implementer;
2. The total amount of land redemption bonds issued;
3. The interest rate on land redemption bonds;
4. The value and period of issuance of land redemption bonds;
5. The use of the area or land subject to redemption;
6. The methods of estimating the value of land;
7. The guarantee institution and the details of guarantee (limited to where the bonds are issued by a person falling under any of Article 11 (1) 5 through 11 of the Act).
 Article 48 (Public Announcement of Issuance of Land Redemption Bonds)
Each implementer that issues land redemption bonds shall publicly announce the name of such land redemption bonds and the matters provided for in the subparagraphs of Article 47.
 Article 49 (Terms, etc. of Issuance of Land Redemption Bonds)
(1) The interest rate on land redemption bonds shall be determined by the issuer in consideration of the deposit interest rates of banks and the conditions of supply of and demand for real estate as at the time of issuance thereof. <Amended by Presidential Decree No. 22493, Nov. 15, 2010>
(2) Each land redemption bond shall be issued in the form of a registered instrument.
 Article 50 (Subscription, etc. for Land Redemption Bonds)
Each person who seeks to receive a land redemption bond in exchange for proceeds from sale of land, etc. (hereinafter referred to as “subscriber”) shall prepare and submit to the implementer, two copies of a written subscription for the land redemption bond, specifying each of the following:
1. The name of the project;
2. The name (for a corporation, its name and the name of its representative) and address of the subscriber;
3. The details of land, etc. owned by the subscriber;
4. The amount of proceeds from sale of land, etc. to be received by the subscriber;
5. The value of the land redemption bond to be issued.
 Article 51 (Particulars to be Entered in Land Redemption Bonds)
Each land redemption bond shall include the following particulars with the issuer’s name and seal affixed:
1. The matters provided for in subparagraphs 1 and 3 through 6 of Article 47;
2. The serial number of the land redemption bond;
3. The date of issuance of the land redemption bond.
 Article 52 (Keeping Register of Land Redemption Bonds)
Each issuer of land redemption bonds shall keep a register of land redemption bonds specifying the following (hereinafter referred to as “register of land redemption bonds”) in his/her principal office:
1. The serial numbers of land redemption bonds;
2. The dates of issuance of land redemption bonds;
3. The matters provided for in subparagraphs 2 through 6 of Article 47;
4. The names and addresses of the holders of land redemption bonds;
5. The dates of acquisition of land redemption bonds.
 Article 53 (Transfer, etc. of Land Redemption Bonds)
(1) Where a land redemption bond is transferred, the acquirer shall request the entry of his/her name and address in the register of land redemption bonds and, otherwise, he/she shall not prevail against the issuer and any third party with regard to title.
(2) Where a land redemption bond is pledged, the pledgee shall not prevail against the issuer and any third party with regard to title, unless his/her name and address are entered in the register of land redemption bonds.
(3) Where a right of pledge is created under paragraph (2), the issuer shall indicate such fact on the land redemption bond.
 Article 54 (Notification to Holders of Land Redemption Bonds)
Any notification or peremptory notice to a holder of a land redemption bond shall be served at the address stated in the register of land redemption bonds: Provided, That when the holder of the land redemption bond has provided the issue with a separate address, it shall be served at that address.
 Article 55 (Advance Payments)
(1) An implementer who intends to receive an advance payment under Article 25 of the Act shall obtain approval from the designating authority, meeting the following applicable requirements: <Amended by Presidential Decree No. 21231, Dec. 31, 2008; Presidential Decree No. 26618, Nov. 4, 2015>
1. An implementer referred to in any of Article 11 (1) 1 through 4 and 11 (applicable only to an investment made by a person referred to in any of Article 11 (1) 1 through 4 of the Act) of the Act: To formulate and announce a development plan and secure ownership in land (including consent to use the same) equivalent to at least 10/100 of the land area subject to project implementation: Provided, That when he/she intends to receive an advance payment before obtaining authorization of the implementation plan, he/she is required to develop measures for assessing environmental impacts under the Environmental Impact Assessment Act and analyzing and improving traffic impacts under the Urban Traffic Improvement Promotion Act and to materialize a plan for investment in infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act;
2. An implementer referred to in Article 11 (1) 5 through 9 and 11 (excluding any investment made by a person referred to in any of Article 11 (1) 1 through 4 of the Act) of the Act: To obtain authorization of the implementation plan for the relevant urban development zone and meet all of the following requirements:
(a) To secure ownership in land to be supplied and cancel any mortgage over the land: Provided, That when he/she fails to secure such ownership or cancel such mortgage for any unavoidable reason, the implementer, landowner and mortgagee shall submit a notarized joint agreement specifying the following:
i) The landowner shall not transfer or provide as security the land to any third party;
ii) If the payer of an advance payment uses the land after it undergoes a completion inspection under Article 50 of the Act or obtaining permission for use before completion under Article 53 of the Act, the landowner or mortgagee shall promptly transfer his/her ownership or cancel his/her mortgage;
(b) The progress ratio of construction works for the urban development project for the land to be supplied, shall be at least 10/100;
(c) To submit to the designating authority, a guarantee, etc. (referring to any written payment guarantee, securities, policy of guarantee insurance, certificate of time deposit, beneficiary certificate, etc. referred to in Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party; hereinafter the same shall apply) including the particulars, in order to guarantee the refund of an advance payment against nonfulfillment of a supply contract: Provided, That in cases falling under ii), if the project period is extended, a guarantee, etc. in which the guarantee or insurance period is a period calculated by adding the extension to the original guarantee or insurance period, shall be submitted:
i) The guarantee or insurance cover shall be at least the advance payment plus an amount equivalent to an agreed interest for the period of guarantee or insurance for the advance payment;
ii) The date of commencement of the guarantee or insurance period shall be earlier than the date the advance payment is received and the end date thereof shall not be earlier than one month after the scheduled date of work completion.
(2) If an implementer has supplied land or made facilities available in advance of the public announcement of work completion, he/she shall not provide the land as security.
(3) If deemed that an implementer fails to implement a project as stipulated in a supply contract or is unable to implement the project due to his/her bankruptcy, etc. (including a decision or authorization by a court under the Debtor Rehabilitation and Bankruptcy Act), the designating authority may use a guarantee, etc. to refund an advance payment before completion of the urban development project.
 Article 55-2 (Procedures, etc. for Supply and Development of Land Retaining Original Features)
(1) To obtain approval from a designating authority to supply and develop land retaining original features under the former part of Article 25-2 (1) of the Act, the implementer shall submit to the designating authority, an application for approval for supply of land retaining original features, that shall be accompanied by the following documents:
1. The location and area of the land to be supplied and purposes of supply thereof;
2. The developer of the land retaining original features;
3. A plan for admitting a population to the land retaining original features, land utilization plan, traffic control plan, environmental conservation plan, plan for building major infrastructure, and other plans for developing the land retaining original features, including a plan to use the same;
4. The terms of use of the land retaining original features;
5. The estimated supply price and major terms of the contract;
6. Other matters determined by the designating authority after consultation with the implementer, as deemed necessary in light of the characteristics of the project.
(2) Upon receipt of an application for approval under paragraph (1), a designating authority may approve the supply of land retaining original features after formulating a development plan under Article 4 of the Act.
(3) “Period prescribed by Presidential Decree” in the main sentence of Article 25-2 (6) of the Act means the earlier of the following periods:
1. Five years after the date of public announcement of work completion for land retaining original features;
2. Ten years after the date a contract for supply of land retaining original features is entered into.
(4) “Cases prescribed by Presidential Decree” in the proviso to Article 25-2 (6) of the Act means where land retaining original features is used for any of the following sites:
1. A site for infrastructure;
2. A site for rental housing;
3. Other sites to establish facilities that the developer of land retaining original features cannot directly develop or manage.
(5) If any cause provided for in the subparagraphs of Article 25-2 (8) of the Act arises, the implementer shall demand, at least twice, that the developer of land retaining original features take corrective measures and, if the developer of the land retaining original features fails to take such corrective measures, may rescind the contract for supply of the land retaining original features. In such cases, the developer of the land retaining original features may present his/her opinion about the implementer’s demand for corrective measures.
(6) Developers of land retaining original features under Article 25-2 (9) of the Act, shall be selected by a private contract: Provided, That a developer of land retaining original features referred to in Article 25-2 (1) 5 of the Act shall be selected by a competitive bid, but if a competitive bid fails at least twice, it may be selected by a private contract.
(7) The price for supplying land retaining original features under Article 25-2 (9) of the Act shall be determined through consultation between the implementer and the developer of the land retaining original features based on the amount calculated by adding the construction costs of infrastructure, etc. built by the implementer on the land retaining original features to the appraised value of the land retaining original features based on the development plan.
(8) The scope of duties of implementers and developers of land retaining original features under Article 25-2 (9) of the Act shall be stipulated by the supply contract, and implementers shall take charge of the duties under related statutes, including filing applications for authorization, permission, etc. for developing land retaining original features.
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 56 (Details of Plans for Supply of Developed Land, etc.)
A plan for supply of land, buildings, structures, etc. developed through an urban development project under Article 26 (1) of the Act (hereinafter referred to as “developed land, etc.”) shall include the following: <Amended by Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. The location, area, and method of determining the price of developed land, etc. to be supplied;
2. Eligibility requirements for and methods of selecting persons entitled to be supplied;
3. The period, methods, and terms of supply;
4. If an implementer is an entity referred to in any of Article 11 (1) 5, 7 through 9, 9-2, 10, and 11 (excluding where the ratio of investment by a person referred to in Article 11 (1) 1 through 4 exceeds 50/100) of the Act, the landholding status. In such cases, the land for which an application for adjudication is filed by the implementer under Article 28 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and the land that gratuitously reverts to the implementer under Article 66 of the Act shall be deemed held by the implementer;
5. The present status of land that an implementer (for a corporation established to implement the relevant urban development project, including investors) has planned to use or supply after directly constructing buildings thereon;
6. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 57 (Methods, etc. of Supplying Developed Land, etc.)
(1) Each implementer shall supply developed land, etc. according to the implementation plan (including the district-unit plan) announced under Article 18 of the Act. In such cases, the implementer may set limits on eligibility for persons to be supplied with developed land or impose conditions on the supply of such land, if necessary to facilitate the building of infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
(2) Developed land, etc. shall be supplied through a competitive bid: Provided, That a site for construction of housing (including a site for construction of rental housing) not exceeding the scale of national housing defined in subparagraph 6 of Article 2 of the Housing Act, a public site defined in subparagraph 24 of Article 2 of the Housing Act, and a site for detached housing and a factory site not exceeding the area prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport may be parcelled out by drawing lots. <Amended by Presidential Decree No. 22241, Jun. 29, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27444, Aug. 11, 2016>
(3) To supply developed land, etc. under paragraph (2), the implementer shall publicly announce the following matters: Provided, That this shall not apply where the persons to be supplied with the developed land are specified or where the eligibility is limited and individual notices are given:
1. The name and address of the implementer and the name of the representative;
2. The location, area, and use of land (if a restriction is imposed on land use, including the details of such restriction);
3. The method and terms of supply;
4. The supply price or the method of determining the same;
5. The eligibility requirements for and the method of selection of the persons to be supplied;
6. The period and place for applying for supply;
7. Other matters deemed necessary by the implementer.
(4) Notwithstanding paragraph (2), an implementer may supply developed land, etc. by a private contract in any of the following circumstances: <Amended by Presidential Decree No. 21590, Jun. 30, 2009; Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26618, Nov. 4, 2015>
1. Where he/she supplies a school site, a site for a government office building or other public site not permitted to be parcelled out to the general public, to the State, a local government or other person permitted to install relevant facilities under statutes;
2. Where he/she supplies the minimum land necessary for maintaining and managing existing facilities according to the implementation plan announced under the former part of Article 18 (1) of the Act;
3. Where land is supplied to a person who has transferred all of his/her developed land, etc. within the urban development zone to the implementer after consultation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, according to the criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
4. Where he/she redeems land using a land redemption bond;
5. Where he/she deems it inevitable to supply land to the owner, etc. of adjacent land because the utility value thereof is substantially low in light of its scale, shape, conditions of location, etc.;
6. Where falling under any of Article 11 (1) 1 through 4 of the Act, he/she supplies land to a person selected according to the procedures and methods prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to develop a complex, multi-strata city in the urban development zone;
6-2. Where the Minister of Trade, Industry and Energy deems it necessary to supply developed land, etc. by a private contract to a foreign-capital invested company defined in subparagraph 6 of Article 2 of the Foreign Investment Promotion Act after deliberation by the foreign investment committee under Article 27 of the same Act: Provided, That this shall apply only to developed land, etc. supplied between July 1, 2009 and June 30, 2011;
6-3. Where land developed by a development agent is supplied to the relevant development agent;
7. Where a competitive bid or drawing under paragraph (2) fails at least twice;
8. Where developed land, etc. can be supplied by a private contract under related statutes.
(5) The value appraisal of developed land, etc. shall be made based on the appraised price. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
(6) In a competitive bid under paragraph (2), the successful bidder shall be the highest bidder. In such cases, if land subject to the competitive bid is land for constructing a building consisting of both multi-unit housing referred to in subparagraph 2 of Table 1 of the Enforcement Decree of the Building Act and non-residential part (including a complex of at least two buildings connected as one), the successful bidder shall be the highest bidder for the area (hereafter referred to as “commercial area” in this paragraph) calculated by multiplying the land area subject to the competitive bid by the ratio of the non-residential part (referring to the ratio of the part subject to the district-unit plan included in the implementation plan, which shall be calculated against the total floor area of the building); and the supply price of the land shall be the aggregate of prices calculated by applying a successful bidding price for a commercial area and an appraised price for other than a commercial area, respectively. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
(7) Except as otherwise expressly provided for in paragraphs (1) through (6), the methods of selling developed land, etc. and other necessary matters shall be determined and announced by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
 Article 58 (Supply Price of Developed Land, etc.)
(1) “Facilities prescribed by Presidential Decree” in Article 27 (1) of the Act means each of the following: <Amended by Presidential Decree No. 21590, Jun. 30, 2009; Presidential Decree No. 22896, Apr. 6, 2011; Presidential Decree No. 23472, Dec. 30, 2011; Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27444, Aug. 11, 2016>
1. Government office buildings (including the principal offices of corporations, the total paid-in capital of which has been invested by the Government, up until December 31, 2013);
2. Social welfare facilities (referring to the social welfare facilities established by administrative agencies and social welfare foundations established under the Social Welfare Services Act): Provided, That the social welfare facilities established under the Social Welfare Services Act shall be limited to facilities other than fee-charging facilities, recommended by the head of the competent local government;
3. Factories referred to in subparagraph 2 (j) of attached Table 17 of the Enforcement Decree of the National Land Planning and Utilization Act: Provided, That this shall be limited to those established by the owner of a factory relocated due to the relevant urban development project;
4. Rental housing;
5. Multi-unit housing not exceeding the scale of national housing defined in subparagraph 6 of Article 2 of the Housing Act: Provided, That this shall be limited to where an implementer falling under any of Article 11 (1) 1 through 4 of the Act supplies land to a person who intends to construct multi-unit housing not exceeding the scale of national housing;
5-2. Facilities for hotel business provided for in Article 3 (1) 2 (a) of the Tourism Promotion Act: Provided, That this shall be limited to where an implementer falling under any of Article 11 (1) 1 through 4 of the Act supplies land as a site for a hotel with at least 200 guest rooms;
6. Infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act, as facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) Deleted. <by Presidential Decree No. 25703, Nov. 4, 2014>
(3) Matters necessary for the criteria, etc. for supply prices of facilities for which developed land, etc. can be supplied below the appraised price under Article 27 of the Act, shall be determined and announced by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 23685, Mar. 26, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27454, Aug. 16, 2016>
Section 3 Implementation of Projects by Replotting
 Article 59 (Certified Appraisal Institutions)
“Certified appraisal institution prescribed by Presidential Decree” referred to in Article 28 (3) of the Act means an appraisal business operator.
 Article 60 (Modifications of Replotting Plans)
(1) “Where insignificant matters prescribed by Presidential Decree are modified” referred to in the proviso to Article 29 (2) of the Act means: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26302, Jun. 1, 2015>
1. Where any detail of replotting is modified due to a combination or subdivision of the existing land;
2. Where a replotting plan is modified with the consent of the owner of land or a building (for land allotted by the authorities in recompense for development outlay, referring to the implementer or the purchaser of the allotted land): Provided, That this shall be limited to where the modification of the replotting plan does not involve the owners of other land or buildings;
3. Where a replotting plan is modified to reflect the findings of cadastral surveys d subparagraph 4 of Article 2 of the Act on the Establishment, Management, etc. of Spatial Data;
4. Where any land or building designated for replotting is liquidated;
5. Where otherwise prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) Deleted. <by Presidential Decree No. 25703, Nov. 4, 2014>
[This Article Wholly Amended by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 61 (Public Inspection of Relevant Documents)
(1) Copies of the relevant documents to be made available to the public under the main sentence of Article 29 (3) of the Act, are as follows:
1. Criteria for formulation of a replotting plan;
2. and 3. Deleted; <by Presidential Decree No. 26618, Nov. 4, 2015>
4. Approved drawings for the implementation plan, drawings for the replotting plan, and cadastral maps before formulating the replotting plan.
(2) To make copies of the relevant documents available to the public under paragraph (1), the implementer shall inform the public of the venue, methods, etc. of the public inspection via the its website, etc. and make the relevant copies available to the public for at least 14 days. <Newly Inserted by Presidential Decree No. 22241, Jun. 29, 2010>
(3) “Where insignificant matters prescribed by Presidential Decree are modified” in the proviso to Article 29 (3) of the Act means cases falling under any of the subparagraphs of Article 60 (1). <Amended by Presidential Decree No. 22241, Jun. 29, 2010; Presidential Decree No. 25703, Nov. 4, 2014>
 Article 62 (Standards for Excessively Small Land)
(1) “Extent prescribed by Presidential Decree” referred to in Article 31 (2) of the Act means the area of land determined pursuant to Article 80 of the Enforcement Decree of the Building Act. In such cases, whether land is excessively small shall be determined based on the eligible area (referring to the area of land that a landowner is entitled to receive, developed in the course of the urban development project, if replotting is made according to the replotting plan; hereafter the same shall apply in this Article).
(2) Notwithstanding paragraph (1), the area that is the standard for the excessively small land may be determined separately by regulations, articles of association or implementation regulations, as prescribed by the Minister of Land, Infrastructure and Transport, in any of the following circumstances: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. Where there are no existing buildings;
2. Where the number of lots of land to be designated for replotting exceeds the number of lots of land to be developed in the course of the urban development project;
3. Where the minimum area of the partitioned land determined by the district-unit plan regarding the land to be developed in the course of the urban development project according to the replotting plan exceeds the area of land determined pursuant to paragraph (1);
4. Where the project is implemented by the undivided combined method provided for in Article 43 (2) 2;
5. Where the implementer deems it impracticable to replot land based on the area of land determined under paragraph (1) in light of the replotting plan.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), further details necessary for calculating the standards for excessively small land, including the methods of calculating eligible areas, shall be determined and announced by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 62-2 (Matters to be Notified for Applying for Multi-Level Replotting)
(1) “When land or building falls short of the standard prescribed by Presidential Decree” referred to in the proviso to Article 32 (1) of the Act means when the value of rights (referring to the value of rights obtainable by the owner of the previous land and buildings with regard to developed land, etc. after replotting pursuant to the replotting plan; hereafter the same shall apply in this Article) to the previous land and buildings owned by an applicant for multi-level replotting does not exceed 70/100 of the minimum supply price of sectioned buildings constructed on the land developed in the course of the urban development project. In such cases, the minimum supply price of sectioned buildings shall be determined based on the price determined under Article 28 (3) of the Act.
(2) Notwithstanding paragraph (1), a landowner who has held a house on land up until replotting may file an application for multi-level replotting pursuant to Article 32 of the Act, regardless of the value of the right.
(3) “Matters prescribed by Presidential Decree” referred to in Article 32 (3) of the Act means each of the following:
1. Standards for a replotting plan;
2. The details and appraised values of land and buildings before replotting, including the use and scale thereof;
3. The details and appraised values of buildings supplied through multi-level replotting, including the location, use and scale thereof;
4. The period, place, procedures and method for filing applications for multi-level replotting;
5. Other matters prescribed by regulations, articles of association or implementation regulations.
(4) Each owner of land or a building (excluding any building constructed without permission) for which he/she seeks to file an application for multi-level replotting under Articles 32 (5) and 32-3 (1) of the Act, shall choose the type, scale and priority order of buildings to be supplied to him/her through multi-level replotting when filing such application.
(5) Matters necessary for applying for multi-level replotting and supplying housing under paragraph (4), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 62-3 (Methods and Procedures for Supply of Housing and other Buildings Following Multi-Level Replotting)
(1) Each implementer shall supply the general public with buildings that remain after supplying housing, etc. following multi-level replotting under Article 32-3 (1) of the Act, in which case he/she may give priority to those who failed to receive land newly developed in the course of the urban development project and received proceeds from liquidation under Article 41 of the Act because they did not meet the eligibility for replotting or to tenants of buildings removed due to the urban development project.
(2) To parcel out the buildings, etc. that remain after supplying housing, etc. to non-landowners pursuant to paragraph (1), the implementer shall make a public announcement, etc. of parcelling-out, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 62-4 (Use of Land before Designation of Reserved Land for Replotting)
(1) “Cases prescribed by Presidential Decree” referred to in Article 36-2 (1) 4 of the Act means:
1. Where a landowner intends to develop land in a multi-level manner by constructing new buildings: Provided, That this shall be limited to land on which existing buildings or facilities are relocated or removed;
2. Where land is owned or purchased to build infrastructure, including a park.
(2) A deposit to be made pursuant to Article 36-2 (2) 3 of the Act shall be an amount provided for in subparagraph 1, less an amount provided for in subparagraph 2: <Amended by Presidential Decree No. 23957, Jul. 17, 2012>
1. An appraisal estimated as at the time of completion of the urban development project for the land to be used;
2. 60/100 of an appraisal before the urban development project of the entire land owned by a person seeking to use land within the urban development zone.
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 63 (Relocation and Removal of Obstacles, etc.)
(1) “Facilities prescribed by Presidential Decree” referred to in the former part of Article 38 (1) of the Act means infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act.
(2) “Period prescribed by Presidential Decree, such as winter” referred to in Article 38 (2) of the Act means any of the following periods: <Newly Inserted by Presidential Decree No. 22241, Jun. 29, 2010>
1. The winter season (referring to a period between December 1 and the end of February of the following year);
2. A period between before sunrise and after sunset;
3. When any if the severe weather alerts referred to in Article 8 (2) 1 through 7 of the Enforcement Decree of the Weather Act is issued for the relevant area;
5. A period equivalent to any of subparagraphs 1 through 4, deemed by the a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu necessary to protect occupants.
(3) Each public announcement under the proviso to Article 38 (3) of the Act shall be made in the Official Gazette or in a daily newspaper distributed primarily in the jurisdiction under the local government in which the relevant urban development zone is located, and the implementer shall post the details of the public announcement at an appropriate place within the implementation district. <Amended by Presidential Decree No. 22241, Jun. 29, 2010>
(4) “Insignificant relocation or removal prescribed by Presidential Decree” in the proviso to Article 38 (4) of the Act means relocation of a warehouse, garage or similar facility or removal of an awning, outdoor stairs or similar things. <Amended by Presidential Decree No. 22241, Jun. 29, 2010>
 Article 64 (Public Announcement of Completion of Construction Works by Replotting)
(1) Each public announcement of completion of construction works pursuant to Article 40 (1) of the Act shall be made in the Official Gazette or an official bulletin.
(2) Each public announcement made pursuant to paragraph (1) shall include each of the following:
1. The name of the project;
2. The implementer;
3. The period of implementation;
4. The details of execution of construction works by type under the development plan.
(3) Upon making the public announcement pursuant to paragraph (1), each implementer shall make the following documents available to the public for at least 14 days:
1. Documents stating the matters provided for in the subparagraphs of paragraph (2);
2. Construction designs and related drawings.
 Article 65 (Period for Replotting Dispositions)
“Period prescribed by Presidential Decree” referred to in Article 40 (4) of the Act means a period not exceeding 60 days.
 Article 66 (Public Announcement of Replotting Dispositions)
(1) Each public announcement of a replotting disposition pursuant to Article 40 (5) of the Act shall be made in the Official Gazette or an official bulletin.
(2) Each public announcement pursuant to paragraph (1) shall include each of the following:
1. The name of the project;
2. The implementer;
3. The period of implementation;
4. The date of replotting disposition;
5. The details of settlement of project costs;
6. The details of proceeds from sale of land allotted by the authorities in recompense for development outlay, subsidies, and project costs by revenue source.
 Article 66-2 (Supply Price of Developed Land, etc.)
“Facilities prescribed by Presidential Decree” referred tovin Article 44 (3) of the Act means the facilities referred to in Article 58 (1) 1, 2, 4, and 6.
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 67 (Standards for Depreciation Compensation)
The amount of depreciation compensation to be paid pursuant to Article 45 of the Act shall be an amount computed by dividing the difference between the gross amounts of value of land before and after implementation of the urban development project by the gross amount of value of land before implementation of the urban development project, multiplied by the value of either the previous land or the right to profit from that land before implementation of the urban development project.
 Article 68 (Collection and Grant of Proceeds from Liquidation)
(1) When collecting or granting proceeds from liquidation in installments pursuant to Article 46 (2) of the Act, an amount calculated by multiplying the amount of proceeds from liquidation by the interest rate determined by regulations, articles of association or implementation regulations, may be collected or granted as interest.
(2) Except as otherwise expressly provided for in paragraph (1), the collection or grant of proceeds from liquidation in installments shall be made, as determined by regulations, articles of association or implementation regulations.
Section 4 Inspections of Completion, etc.
 Article 69 (Public Announcement of Completion of Works)
(1) Each public announcement of completion of works pursuant to Article 51 of the Act shall be made in the Official Gazette or an official bulletin.
(2) Each public announcement pursuant to paragraph (1) shall include each of the following:
1. The name of the project;
2. The implementer;
3. The location of the area in which the project is to be implemented;
4. The scale and scale by use of the area in which the project is to be implemented;
5. The date of completion;
6. The disposal of major facilities.
 Article 70 (Permission for Use Prior to Completion)
(1) To use developed land, etc. (including any building designated for multi-level replotting under Article 32 of the Act) prior to completion pursuant to the proviso to Article 53 of the Act, each implementer shall determine the scope of use and submit to the designating authority, an application for permission for use prior to completion that shall be accompanied by a written analysis of whether project implementation will be hindered. <Amended by Presidential Decree No. 23685, Mar. 26, 2012>
(2) Upon receipt of an application for permission under paragraph (1), a designating authority shall determine whether it grants permission after ascertaining whether the use of developed land, etc. will hinder project implementation.
CHAPTER IV APPORTIONMENT, ETC. OF EXPENSES
 Article 71 (Scope of Facilities to be Installed by Type)
The scope of facilities to be installed, by type, referred to in Article 55 (4) of the Act is as follows: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Roads: Roads meeting all of the following requirements:
(a) Roads determined as urban/Gun planning roads under the National Land Planning and Utilization Act or as road zones under the Road Act before the urban development zone is designated;
(b) National highways, local highways, and State-funded local highways to be built by local governments under the Road Act;
2. Water supply facilities and sewers: Water and sewage pipelines passing through the urban development zone not connected to water and sewage pipelines in the zone;
3. Electric facilities: Electricity transmission facilities between the infrastructure outside the urban development zone and the boundaries of individual lots adjoining an urban/Gun planning road at least six meters in width (hereinafter referred to as “individual lots”) under the land utilization plan or replotting plan for the urban development zone;
4. Gas supply facilities: Gas supply facilities between the gas supply infrastructure outside the urban development zone and the boundaries of individual lots: Provided, That when static pressure control rooms are installed in individual lots inside the urban development zone to supply gas for cooking or unit heating (excluding central heating), such facilities include facilities for supplying gas to the static pressure control rooms;
5. Communications facilities: Pipeline facilities ranging from infrastructure outside the urban development zone, to the boundaries of individual lots inside the urban development zone, and cable facilities ranging from infrastructure outside the urban development zone, to the initial terminals of individual lots inside the urban development zone;
6. District heating facilities: Heating pipelines running from the point of divergence of key heating pipelines outside the urban development zone, to a closing valve at the entrance to each engine room in individual lots inside the urban development zone.
 Article 72 (Apportionment of Expenses among Local Governments)
(1) The aggregate charges imposed under Article 56 (1) of the Act shall not exceed 1/2 of the expenses incurred in the urban development project. In such cases, excluded from the expenses incurred in the urban development project are the investigation expenses, survey expenses, design expenses, and management expenses for the urban development project.
(2) Where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Large Si seeks to impose any charge on a City/Do or Si/Gun/Gu profiting from an urban development project under Article 56 (1) of the Act, he/she shall forward a statement specifying both the details of the aggregate expenses incurred in the urban development project and the amount of the charge, to the City/Do or Si/Gun/Gu on which he/she seeks to impose such charge. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(3) The calculation and apportionment of charges under paragraph (1) and other necessary matters shall be determined by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(4) Paragraphs (1) through (3) shall apply mutatis mutandis where the head of a Si (excluding a Large Si)/Gun/Gu seeks to apportion some of the expenses incurred in an urban development project, to other local government under Article 56 (2) of the Act.
 Article 73 Deleted. <by Presidential Decree No. 25703, Nov. 4, 2014>
 Article 74 (Infrastructure Outside Urban Development Zones)
“Infrastructure prescribed by Presidential Decree” referred to in Article 58 (1) of the Act means infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act.
 Article 75 (Apportionment of Expenses for Installing Additional Facilities)
(1) To charge expenses for installing additional facilities under Article 58 (3) of the Act, the designating authority shall give written notice of the payment thereof to the person liable to bear them, along with design documents or other documents that provide a basis for calculation of the expenses.
(2) If at least two persons are liable to bear expenses for installing additional facilities under paragraph (1), the designating authority shall consult in advance with them about the ratio of apportionment, the method of payment, etc. In such cases, if consultation fails, the designating authority may determine the amount to be apportioned to such persons in consideration of the extent, etc. that each of them is liable for the reason for payment.
(3) If the reason for additionally building infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act is attributable to the implementer, the expenses incurred in building additional infrastructure that may be charged to the implementer under Article 58 (3) of the Act shall not exceed 10/100 of the total project cost as at the time the initial implementation plan is authorized: Provided, That when the implementer directly requests the designating authority to additionally build the infrastructure or building the additional infrastructure is required due to a modification to the development plan made at the implementer’s request, the expenses incurred in building such additional infrastructure may exceed 10/100 of the total project cost.
(4) Matters necessary for the calculation and apportionment of expenses for building additional facilities shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
 Article 76 (Apportionment of Expenses for Building Infrastructure Outside Urban Development Zones)
(1) Article 72 shall apply mutatis mutandis to the apportionment of expenses to a local government that profits from infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act (hereafter referred to as “infrastructure” in this Article) built outside an urban development zone under Article 58 (4) of the Act. <Amended by Presidential Decree No. 25703, Nov. 4, 2014>
(2) The aggregate charges to be imposed on the manager of public facilities that profit from infrastructure built outside an urban development zone pursuant to Article 58 (4) of the Act shall not exceed 1/3 of the expenses incurred in building such infrastructure. In such cases, the expenses incurred in building the infrastructure shall exclude the investigation expenses, survey expenses, design expenses and management expenses for building the infrastructure. <Newly Inserted by Presidential Decree No. 25703, Nov. 4, 2014>
(3) To impose charges under Article 58 (4) of the Act on a manager of public facilities, which is the State or a local government, the designating authority shall forward a statement specifying both the details of the total expenses incurred in building the relevant infrastructure and the amount of the charges, to the competent central administrative agency or the relevant local government on which it seeks to impose such charges. <Newly Inserted by Presidential Decree No. 25703, Nov. 4, 2014>
(4) The calculation and apportionment of charges pursuant to Article 58 (4) of the Act and other necessary matters shall be determined by the Minister of Land, Infrastructure and Transport. <Newly Inserted by Presidential Decree No. 25703, Nov. 4, 2014>
 Article 77 (Scope of Subsidies or Loans)
Subsidies or loans from the National Treasury under Article 59 of the Act are as follows: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. For an implementer referred to in Article 11 (1) 1 of the Act, subsidies or loans to cover all of the following costs:
(a) Costs incurred in constructing harbors, roads, and railroads;
(b) Costs incurred in developing parks and green areas;
(c) Costs incurred in constructing water supply facilities;
(d) Costs incurred in constructing sewers and waste disposal facilities;
(e) Costs incurred in constructing common utility ducts within the urban development zone;
(f) Costs incurred in developing relocation complexes;
(g) Other costs incurred in constructing public facilities defined in subparagraph 13 of Article 2 of the National Land Planning and Utilization Act, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as especially necessary for urban development;
2. For an implementer other than those referred to in Article 11 (1) 1 of the Act, loans to cover the costs provided for in subparagraph 1: Provided, That for an implementer referred to in Article 11 (1) 7 of the Act, the total costs incurred in installing both water supply facilities and roads to connect to the urban development zone and 1/2 of the costs incurred in installing sewers may be subsidized.
 Article 78 (Transfer of Property Tax to Special Accounts for Urban Development)
“Amount of money in the ratio prescribed by Presidential Decree” referred to in Article 60 (2) 9 of the Act means an amount of money collected as property tax pursuant to Article 112 (excluding paragraph (1) 1 of the same Article) of the Local Tax Act, less the amount transferred to the Urban and Residential Environment Rearrangement Fund under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Special Account for urban renewal acceleration under the Special Act on the Promotion of Urban Renewal, and the special account for parking lots under the Parking Lot Act. <Amended by Presidential Decree No. 22395, Sep. 20, 2010>
 Article 79 (Eligibility for Support from Special Accounts for Urban Development)
“Urban/Gun planning facility projects prescribed by Presidential Decree” referred to in Article 61 (1) 3 of the Act means projects installing, maintaining, or improving urban or Gun planning facilities defined in subparagraph 7 of Article 2 of the National Land Planning and Utilization Act.
[This Article Wholly Amended by Presidential Decree No. 24757, Sep. 17, 2013]
 Article 80 (Use of Special Accounts for Urban Development)
“Other matters prescribed by Presidential Decree” referred to in Article 61 (1) 8 of the Act means costs incurred in implementing urban development projects by the heads of local governments.
 Article 81 (Operation and Management of Special Accounts for Urban Development)
(1) The scope of subsidization by a special account for urban development under Article 61 of the Act is as follows: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Costs incurred in implementing projects by the head of a local government, as follows:
(a) Costs incurred in conducting an urban development project;
(b) Costs incurred in conducting an urban/Gun planning facility project defined in subparagraph 10 of Article 2 of the National Land Planning and Utilization Act, and costs incurred in compensating for private sites;
2. Costs incurred in implementing projects by a person other than those provided for in subparagraph 1, as follows:
(a) Up to 1/2 of the costs incurred in building urban/Gun planning facilities according to an urban development project;
(b) Up to 1/2 of the costs incurred in conducting an urban/Gun planning facility project defined in subparagraph 10 of Article 2 of the National Land Planning and Utilization Act;
3. Funds for surveys and research referred to in Article 61 (1) 5 of the Act;
4. Expenses referred to in Article 61 (1) 7 of the Act.
(2) The scope of loans from a special account for urban development under Article 61 of the Act is as follows: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Up to 1/2 of the costs incurred in conducting an urban/Gun planning facility project defined in subparagraph 10 of Article 2 of the National Land Planning and Utilization Act by the head of a local government;
2. Up to 1/3 of the costs for projects implemented by a person other than those provided for in subparagraph 1 as follows:
(a) Costs incurred in building an urban/Gun planning facility defined in subparagraph 7 of Article 2 of the National Land Planning and Utilization Act according to an urban development project;
(b) Costs incurred in conducting an urban/Gun planning facility project defined in subparagraph 10 of Article 2 of the National Land Planning and Utilization Act.
 Article 82 (Procedures for Issuance of Urban Development Bonds)
(1) Urban development bonds referred to in Article 62 (1) of the Act shall be issued by a Mayor/Do Governor, as prescribed by ordinance of the relevant City/Do.
(2) To issue urban development bonds under Article 62 (1) of the Act, each Mayor/Do Governor shall obtain approval from the Minister of the Interior and Safety for each of the following: <Amended by Presidential Decree No. 22241, Jun. 29, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
1. The total value of bonds to be issued;
2. The method for issuance of bonds;
3. The terms of issuance of bonds;
4. The methods and procedures for redemption;
5. Other matters necessary for issuing bonds.
(3) To issue urban development bonds after obtaining approval under paragraph (2), each Mayor/Do Governor shall publicly announce the following:
1. The total value of bonds to be issued;
2. The period of issuance of bonds;
3. The interest rate on bonds;
4. The methods and period for redeeming the principal;
5. The methods and period for paying interest.
 Article 83 (Methods, etc. of Issuing Urban Development Bonds)
(1) Urban development bonds may be issued either by means of registering them with the registrar referred to in Article 3 of the Registration of Bonds and Debentures Act or without registering them, and detailed matters necessary in relation to the methods for issuance thereof shall be prescribed by ordinance of a City/Do.
(2) The interest rate on urban development bonds shall be prescribed by ordinance of the relevant City/Do in consideration of the interest rates on national bonds and public bonds, the status of the special account, etc. as at the time such bonds are issued, subject to approval by the Minister of the Interior and Safety. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
(3) The maturity of the urban development bonds issued under Article 62 of the Act shall be prescribed by ordinance of a local government within five to ten years.
(4) An institution that manages the sale and redemption of urban development bonds shall be either a bank designated by the relevant Mayor/Do Governor or the Korea Securities Depository established under Article 294 of the Financial Investment Services and Capital Markets Act. <Amended by Presidential Decree No. 22493, Nov. 15, 2010>
(5) Matters necessary for issuance of urban development bonds, including the re-issuance, redemption, and delivery of purchase certificates thereof, and for conducting business affairs related thereto shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
 Article 84 (Purchase of Urban Development Bonds)
(1) “Person prescribed by Presidential Decree” referred to in Article 63 (1) 3 of the Act means a person who has obtained permission to change the shape and quality of land.
(2) The urban development bonds to be purchased pursuant to Article 63 of the Act and the value thereof are as prescribed in attached Table 1.
(3) Standards for calculating the area subject to purchase of urban development bonds pursuant to attached Table 1, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(4) A Mayor/Do Governor or the head of a Si/Gun/Gu shall require a person falling under any of the subparagraphs of Article 63 (1) of the Act to purchase urban development bonds, as prescribed by this Decree and ordinance of the relevant City/Do.
 Article 85 (Calculation of Rents for State-Owned Land and Public Land)
Rents for the land or factories owned by the State or a local government, and other State-owned land and public land (hereinafter referred to as “land, factories, etc.”) in an urban development zone under Article 69 (4) of the Act shall be calculated as follows:
1. The rent for State-owned land, factories, etc. shall be calculated by multiplying the value of the land, factories, etc. by a rate of at least 50/1,000: Provided, That for a corporation that has relocated from an overconcentration control region referred to in subparagraph 1 of Article 6 of the Seoul Metropolitan Area Readjustment Planning Act to an area outside the Seoul Metropolitan area by December 31, 2005, the rent shall be calculated by multiplying the value of the land, factories, etc. by a rate of at least 10/1,000 for the initial five years and by a rate of at least 25/1,000 for the subsequent five years;
2. The rent for local government-owned land, factories, etc. shall be calculated by multiplying the value of the land, factories, etc. by a rate of at least 10/1,000.
 Article 85-2 (Projects Eligible for Special Exceptions)
(1) “Project prescribed by Presidential Decree” referred to in Article 71-2 (1) 1 of the Act means a project for which the scale of an area falling under any of the subparagraphs (excluding subparagraphs 2 and 6) of Article 5-2 (2), is at least 30/100 of the area of the urban development zone: Provided, That for a project deemed by the designating authority eligible for special exceptions through deliberation by the Urban Planning Committee under Article 8 of the Act, the ratio of the scale of the relevant area may be separately determined.
(2) Every implementer who seeks the benefit of Article 71-2 (1) 2 of the Act shall file an application for special exception with the designating authority, which in turn, shall evaluate a low-carbon green city plan thereof.
(3) Matters necessary for formulating and evaluating the low-carbon green city plan pursuant to paragraph (2) shall be determined and announced by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(4) “Where a project plan is prepared, as prescribed by Presidential Decree” referred to in Article 71-2 (1) 3 of the Act means:
1. Where a rental housing construction site or rental housing is supplied in excess of 50/100 (limited to where rental housing is supplied for at least 300 households) as compared with a plan for supplying rental-housing construction site or rental housing calculated under Article 21-3 of the Act;
2. Where at least 5/100 (it shall be at least 10,000 square meters) of the area of the urban development zone is developed and supplied as a residential complex for persons who relocate their residence due to the urban development project.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the application of special exceptions shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 85-3 (Scope of Special Exceptions)
(1) “Extent prescribed by Presidential Decree” referred to in the main sentence of and the proviso to Article 71-2 (2) of the Act is as follows: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
2. Floor area ratio: 110/100 of the floor area ratio prescribed by ordinance of a relevant local government;
3. Deliberation on building: The deliberation under Article 5 (4) 3, 5, and 6 of the Enforcement Decree of the Building Act shall be conducted jointly with the Urban Planning Committee under Article 8 of the Act;
4. Landscaping of sites: The standard calculated by making the entire landscaped area of rooftop a landscaped area, notwithstanding the former part of Article 27 (3) of the Enforcement Decree of the Building Act;
5. Height of buildings: If the height is designated for a group of blocks in a district-unit plan, the height shall be deemed designated and publicly announced by block under Article 60 (1) of the Building Act;
6. Securing urban parks or greenbelts: The area of urban parks or greenbelts to be included in a development plan by scale of development plans under Article 14 (2) of the Act on Urban Parks, Green Areas, Etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
7. Standards for installing annexed parking lots: 50/100 of the standards for installation provided for in attached Table 1 of the Enforcement Decree of the Parking Lot Act;
8. Housing construction standards: If both housing and facilities, other than housing, are constructed as a complex, the standard prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport by applying mutatis mutandis special exceptions to multiple-purpose buildings under Articles 7 (2) and 12 of the Regulations on Standards, etc. for Housing Construction.
(2) The detailed standards for applying special exceptions provided for in the subparagraphs (excluding paragraph (1) 8) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 85-4 (Application of Special Exceptions)
(1) A designating authority that seeks the benefit of special exceptions relaxing standards applicable to combined development, etc. pursuant to Article 71-2 of the Act, shall formulate or modify a development plan, including the details of applicable special exceptions, such as the objects and extent of special exceptions, when formulating or modifying the development plan under Article 4 of the Act.
(2) Except as otherwise expressly provided for in paragraph (1), other necessary matters shall be determined and announced by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 85-5 (Public Perusal, Keeping, etc. of Relevant Documents)
“Matters prescribed by Presidential Decree” referred to in Article 72 (2) 5 of the Act means the following: Provided, That subparagraphs 2, 3, and 5 shall be limited to an urban development project for fully or partially developing an urban development zone by replotting:
1. A report on supervision of construction works for the urban development project;
2. A detailed statement of sale of land allotted by the authorities in recompense for development outlay (including buildings);
3. An audit report;
4. A completion report;
5. The minutes of the general meetings of the association, the board of representatives’ or the board of directors’ meetings, and other meetings determined by regulations, articles of association, etc.;
6. Other matters deemed necessary by the designating authority.
[This Article Newly Inserted by Presidential Decree No. 23685, Mar. 26, 2012]
 Article 85-6 (Re-Examination of Regulation)
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements:
1. Implementers referred to in Article 18;
2. The scale of land redemption bonds issued under Article 45;
3. Advance payments made under Article 55;
4. Disclosure of the relevant documents referred to in Article 61;
5. Purchase of urban development bonds under Article 84.
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
CHAPTER V PENALTY PROVISIONS
 Article 86 (Imposer of Administrative Fines)
Administrative fines imposed on persons provided for in Article 85 (1) 1 and (2) 1 through 3 of the Act shall be levied by the designating authority of the relevant urban development zone.
 Article 87 (Imposition of Administrative Fines)
The standards for imposing administrative fines under Article 85 (1) and (2) of the Act are as prescribed in attached Table 2. <Amended by Presidential Decree No. 22896, Apr. 6, 2011>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2008: Provided, That the amended provisions of subparagraph 10 of Article 7, subparagraph 13 of Article 14, and the proviso to Article 55 (1) 1, shall enter into force on January 1, 2009, and the amended provisions of Articles 18 (5) 2 and 83 (4) on February 4, 2009, respectively.
Article 2 (Transitional Measures concerning Enforcement Dates)
(1) Subparagraph 10 of Article 7 of this Decree shall read as follows, until the amended provisions thereof enter into force under the proviso to Article 1 of these Addenda:
10. A modification of an urban development project plan under Article 4 (1) of the Act (hereinafter referred to as “development plan”) that reflects the outcomes of consultations on various forms of impact assessment under the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc. to the extent that the burden of expenses on landowners is not increased.
(2) Subparagraph 13 of Article 14 of this Decree shall read as follows, until the amended provisions thereof enter into force under the proviso to Article 1 of these Addenda:
13. A modification of a development plan that reflects the outcomes of consultations on various forms of impact assessment under the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc.
(3) The proviso to Article 55 (1) 1 of this Decree shall read as follows, until the amended provisions thereof enter into force under the proviso to Article 1 of these Addenda: Provided, That an advance payment may be received before authorization of an implementation plan is granted only when a plan for investment in infrastructure is materialized through various forms of impact assessment, etc. under the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc.
(4) Article 18 (5) 2 of this Decree shall read as follows, until the amended provisions thereof enter into force under the proviso to Article 1 of these Addenda:
2. A person subject to external audit defined in Article 2 (1) of the Enforcement Decree of the Act on External Audit of Stock Companies among the trust companies registered under the Trust Business Act.
(5) Article 83 (4) of this Decree shall read as follows, until the amended provisions thereof enter into force under the proviso to Article 1 of these Addenda:
(4) An institution that manages the sale and redemption of urban development bonds shall be either a financial institution designated by the relevant Mayor/Do Governor or the Korea Securities Depository established under Article 173 of the Securities and Exchange Act.
Article 3 (Applicability to Conditions of Consent by Owners of Co-Owned Land and Supply Price of Sites for Multi-Unit Housing below Scale of National Housing)
The amended provisions of Article 6 (2) 2, 3, and 5, Article 25 (1) 1, 2, and 4 and Article 32 (2) 1 concerning the conditions, etc. of consent by the owners of co-owned land and the amended provisions of Article 58 (1) 5 concerning the supply price of the sites for multi-unit housing not exceeding the scale of national housing shall apply; beginning with the first urban development project proposed after this Decree enters into force.
Article 4 Deleted.
Article 5 (Relationship with other Statutes)
Any citation of the provisions of the former Enforcement Decree of the Urban Development Act in other statutes as at the time this Decree enters into force shall be deemed a citation of this Decree or the corresponding provisions thereof in lieu of the former provisions, if this Decree includes any provision corresponding thereto.
ADDENDA <Presidential Decree No. 21231, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009: Provided, That … <Omitted> … Article 3 of these Addenda shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22241, Jun. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2010.
Article 2 (Applicability to Extension of Filing Period of Applications for Designation of Implementers by Replotting Method)
The amended provisions of the main sentence of Article 20 (2) shall apply beginning with the first urban development zone designated and announced after this Decree enters into force.
Article 3 (Applicability to Succession to Voting Rights of Association Members)
The amended provisions of Article 32 (2) 1 shall also apply to an association which obtained authorization for its establishment before June 30, 2010 and an association which filed an application for authorization for its establishment on June 30, 2010 and obtained authorization after that day. <Amended by Presidential Decree No. 27454, Aug. 16, 2016>
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. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22525, Dec. 13, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 22665, Feb. 9, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Shortening Period of Consultation)
Where a request for consultation was made under Article 19 (3) of the Act before this Decree enters into force, the former provisions shall prevail, notwithstanding the amended provisions of Article 41.
ADDENDA <Presidential Decree No. 22896, Apr. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Shortening Period for Giving Notification of Proposals for Designation of Urban Development Zones)
The amended provisions of Article 23 (3) shall apply beginning with the first proposal for designation of an urban development zone made after this Decree enters into force.
Article 3 (Applicability to Methods, etc. for Calculating Number of Consenters to Apply for Authorization to Establish Associations)
The amended provisions of Article 31 shall apply beginning with the first association that applies for authorization for its establishment after this Decree enters into force.
Article 4 (Transitional Measures concerning Administrative Fines)
(1) For the purposes of applying the standards for imposition of administrative fines to offenses committed before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of Article 87 and attached Table 2.
(2) Any disposition to impose an administrative fine regarding any offense committed before this Decree enters into force shall be disregarded for the purposes of calculating the number of offenses under the amended provisions of attached Table 2.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23472, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scale of Urban Development Zones)
The amended provisions of Article 2 (1) 2 (a) shall apply beginning with the first urban development zone designated and announced after this Decree enters into force.
Article 3 (Applicability to Matters to be Included in Development Plans)
The amended provisions of Article 8 (1) 11 and 12 shall apply beginning with the first proposal for an urban development project made after this Decree enters into force.
Article 4 (Applicability to Supply Price of Developed Land, etc.)
The amended provisions of Article 58 (1) 4 shall apply beginning with the first proposal for an urban development project made after this Decree enters into force.
ADDENDA <Presidential Decree No. 23535, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23685, Mar. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2012: Provided, That the amended provisions of Articles 6, 7 (1), 13 (1), 31 (1), 41-2, and 44, and of the part of subparagraph 4 of Article 56 concerning Article 11 (1) 9-2, 10, and 11 of the Act shall enter into force on July 18, 2012.
Article 2 (Applicability to Dividing or Combining Urban Development Zones)
The amended provisions of Articles 5-2, 43-2, 43-3, and 43-4 shall apply; beginning with the first urban development zone designated on and after April 1, 2012.
Article 3 (Applicability to Documents Accompanying Written Consents)
The amended provisions of Articles 6 (6) and 25 (2) shall apply to each written consents received on and after April 1, 2012.
Article 4 (Applicability to Designation of Urban Development Zones and Announcement, Public Inspection, etc. of Development Plans)
The amended provisions of Article 15 (1) and (2) shall apply; beginning with the first urban development zone designated on and after April 1, 2012.
Article 5 (Applicability to Implementation Regulations, etc. for Urban Development Projects)
The amended provisions of Article 22 (2) through (4) shall apply; beginning with the first implementation regulations enacted or amended on and after April 1, 2012.
Article 6 (Applicability to Board of Representatives’ Authority to Act on Behalf of General Meetings)
The amended provisions of Article 36 (3) shall apply; beginning with the first association that has obtained authorization for its establishment on and after April 1, 2012: Provided, That with respect to minor modifications of development plans, the amended provisions shall apply beginning from the first meeting of the board of representatives held on and after April 1, 2012.
Article 7 (Applicability to Organization of Council for Authorization and Permission)
The amended provisions of Article 41-2 shall apply; beginning from the first applications for implementation plan filed on and after July 18, 2012.
Article 8 (Applicability to Plans for Supply of Developed Land, etc.)
The amended provisions of subparagraphs 4 and 5 of Article 56 shall apply; beginning with the first supply plan formulated on and after April 1, 2012.
Article 9 (Applicability to Standards, etc. for Excessively Small Land, etc.)
The amended provisions of Articles 62 and 62-2 through 62-4 shall apply; beginning with the first replotting plan formulated under Article 28 of the Act on and after April 1, 2012.
Article 10 (Applicability to Apportionment of Expenses to Managers of Public Facilities)
The amended provisions of the proviso to Article 73 (1) shall apply where expenses incurred in conducting an urban development project are partially apportioned to managers of public facilities through consultation with such managers on and after April 1, 2012.
Article 11 (Applicability to Projects Eligible for Special Exceptions to Relaxation of Standards Applicable to Combined Development, etc.)
The amended provisions of Article 85-2 shall apply beginning with the first urban development zone designated or the first development plan formulated on and after April 1, 2012.
Article 12 (Transitional Measures concerning Terms, etc. for Supply of Rental Housing)
Where an implementer has already publicly announced the base date for selection of tenants after establishing relocation measures as of April 1, 2012, the selection of tenants and other relevant matters shall be determined pursuant to the public announcement concerning the selection of tenants notwithstanding the amended provisions of Article 43-5.
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. 23957, Jul. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 18, 2012.
Article 2 (Applicability to Plans, etc. for Creation of Construction Sites for Rental Housing)
The amended provisions of Article 43-3 (2) 1 shall apply beginning with the first urban development zone designated and announced after this Decree enters into force.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24509, Apr. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2013.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24757, Sep. 17, 2013>
This Decree shall enter into force on September 23, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25358, May 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2014.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25703, Nov. 4, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions of any Presidential Decree amended by Article 5 of the Addenda, which was promulgated before this Decree enters into force but the enforcement date of which has not yet arrived, shall enter into force on the date such Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26618, Nov. 4, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 25-2 and 57 (4) shall enter into force on February 12, 2016.
Article 2 (Applicability to Period of Notification of Trust Contract)
The amended provisions of Article 28 (2) shall also apply to a trust contract that has been concluded before this Decree enters into force and 14 days has not passed since the date of the conclusion of the contract.
Article 3 (Transitional Measures concerning Proposal for Designation of Urban Development Zone)
Notwithstanding the amended provisions of the main sentence of Article 23 (3), the previous provisions shall apply to a proposal for the designation of an urban development zone submitted to the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu before this Decree enters into force.
ADDENDA <Presidential Decree No. 26763, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 27066, Mar. 29, 2016>
This Decree shall enter into force on March 30, 2016.
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.
ADDENDUM <Presidential Decree No. 27454, Aug. 16, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27473, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 8 of the Addenda, the amended parts of the Presidential Decrees promulgated before this Decree enters into force, but the enforcement dates of which have not arrived, shall enter into force on the dates the relevant Presidential Decrees enter into force, respectively.
Articles 2 through 8 Omitted.