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FRAMEWORK ACT ON RESIDENCE

Act No. 13378, jun. 22, 2015

Amended by Act No. 14799, Apr. 18, 2017

Act No. 15120, Nov. 28, 2017

 Article 1 (Purpose)
The purpose of this Act is to prescribe matters on the formulation, implementation, etc. of housing policies on housing welfare, etc. and guarantee the people housing rights, thereby contributing to enhancing residential stability and improving housing standards for the people.
 Article 2 (Housing Rights)
The people have the right to live a decent residential life in a pleasant and stable dwelling environment protected against any physical or social danger, as prescribed by relevant statutes and ordinances.
 Article 3 (Basic Principles for Housing Policies)
The State and a local government shall devise and implement housing polices in accordance with the following basic principles to guarantee the housing rights referred to in Article 2:
1. The people's housing expenses shall be maintained at affordable levels through supply of housing and subsidization of housing expenses according to income levels, life cycle, etc.;
2. Housing standards for the low-income bracket and other housing-disadvantaged classes shall be elevated by giving them priority over rental-house supply and housing-expense subsidization according to demand for housing welfare;
3. The construction of good-quality houses shall be facilitated, and the supply of rental houses shall be expanded;
4. Housing shall be supplied in a systematic and efficient manner;
5. Housing shall be managed to a pleasant and safe state;
6. Housing standards for residents of existing houses shall be elevated by improving the residential environment, worn-out houses, etc.;
7. Support shall be provided to ensure that the disabled, the aged, and other housing-disadvantaged persons are able to maintain a safe and convenient residential life;
8. Preemptive countermeasures shall be taken in response to long-term socioeconomic changes, such as a low birth rate, an aging population, and a diversified mode of life;
9. The normal functioning of the housing market and the sound development of the relevant housing industry shall be encouraged.
 Article 4 (Relationships with other Acts)
The State shall ensure that other enacted or amended Acts related to housing policies comply with the provisions of this Act.
 Article 5 (Formulation of Comprehensive Housing Plans)
(1) The Minister of Land, Infrastructure and Transport shall formulate and implement a comprehensive housing plan containing the following (hereinafter referred to as "comprehensive housing plan") in order to enhance residential stability and housing standards for the people:
1. Basic objectives and basic directions of housing policies;
2. Supply and demand for housing or housing sites;
3. Supply of public housing, such as public rental houses;
4. Management of multi-unit housing;
5. Formulating and operation of funds for housing policies;
6. Improvement of the residential environment, worn-out houses, etc.;
7. Preferential supply of rental houses, subsidization of housing expenses, etc. for classes in need of housing support, such as the disabled, the aged, and the low-income bracket;
8. The minimum residential standards referred to in Article 17 and the recommended residential standards referred to in Article 19;
9. The housing welfare delivery system referred to in Article 21;
10. Other matters prescribed by Presidential Decree.
(2) The comprehensive housing plan shall be classified into an annual plan and a ten-year plan, and the annual plan shall be formulated by the end of February of the pertinent year based on the ten-year plan.
(3) The Minister of Land, Infrastructure and Transport shall review the feasibility of a ten-year comprehensive housing plan every five years after formulating the plan.
(4) The comprehensive housing plan shall comply with the comprehensive national land plan under the Framework Act on the National Land.
(5) The State, a local government, Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act (hereinafter referred to as "Korea Land and Housing Corporation"), and a local government-invested public corporation established to conduct housing projects pursuant to Article 49 of the Local Public Enterprises Act shall implement housing construction projects or building site development projects according to the comprehensive housing plan.
(6) Where the Minister of Land, Infrastructure and Transport intends to formulate or alter a ten-year comprehensive housing plan, he/she shall conduct a survey on residential conditions referred to in Article 20: Provided, That the survey on residential conditions may be omitted where such survey is deemed unnecessary as prescribed by Presidential Decree, such as where a separate survey on residential conditions has been conducted in relation to the formulation or alterations of the relevant comprehensive housing plan and where minor alterations have been made thereto.
(7) Where the Minister of Land, Infrastructure and Transport intends to formulate a comprehensive housing plan, he/she may request, in advance, the heads of related central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") to submit a plan for policies and projects under his/her jurisdiction that needs to be reflected in the comprehensive housing plan. In such cases, the heads of related central administrative agencies and the Mayor/Do Governor shall comply therewith, except in extenuating circumstances.
(8) The Minister of Land, Infrastructure and Transport shall prepare a draft of a comprehensive housing plan based on the plans submitted pursuant to paragraph (7), consult with the heads of related central administrative agencies thereon, and finalize the plan after deliberation by the Housing Policy Deliberative Committee referred to in Article 8. In such cases, the Minister of Land, Infrastructure and Transport shall notify, without delay, the finalized comprehensive housing plan to the heads of related central administrative agencies and the Mayor/Do Governor.
 Article 6 (Formulation of City/Do Comprehensive Housing Plans)
(1) The Mayor/Do Governor shall formulate both an annual City/Do comprehensive housing plan and a ten-year City/Do comprehensive housing plan according to the comprehensive housing plan referred to in Article 5 and to the extent determined by Presidential Decree, as prescribed by Municipal Ordinance of the Special Metropolitan City, the relevant Metropolitan City, Metropolitan Autonomous City, Do, and Special Self-Governing Province (hereinafter referred to as "City/Do"). In such cases, a City/Do comprehensive housing plan shall conform to the comprehensive housing plan referred to in Article 5, and an annual City/Do comprehensive housing plan shall conform to the relevant ten-year City/Do comprehensive housing plan.
(2) Where the Mayor/Do Governor has established an annual City/Do comprehensive housing plan or a ten-year City/Do comprehensive housing plan pursuant to paragraph (1), he/she shall submit it to the Minister of Land, Infrastructure and Transport without delay.
(3) The Mayor/Do Governor shall review the feasibility of a ten-year City/Do comprehensive housing plan every five years after formulating the plan.
(4) Where the Mayor/Do Governor intends to establish or alter a ten-year City/Do comprehensive housing plan, he/she shall conduct a survey on residential conditions referred to in Article 20: Provided, That the survey on residential conditions may be omitted where the survey is deemed unnecessary, such as where a separate survey on residential conditions has been conducted in relation to the formulation or alterations of the comprehensive housing plan and where minor alterations have been made thereto.
(5) Standards, procedures, etc. for formulating City/Do comprehensive housing plans may be prescribed by the Minister of Land, Infrastructure and Transport.
 Article 7 (Consultation on Housing Policies)
(1) Where the head of a central administrative agency and the Mayor/Do Governor intends to take necessary measures for affairs under his/her jurisdiction, except as provided for in this Act concerning the following, he/she shall first consult with the Minister of Land, Infrastructure and Transport:
1. Construction, supply, or management of housing;
2. Formulation and operation of funds for the affairs referred to in subparagraph 1.
(2) Agencies for consultation, and the scope of, and procedures for, consultation under paragraph (1) and other matters shall be prescribed by Presidential Decree.
 Article 8 (Housing Policy Deliberative Committee)
(1) A Housing Policy Deliberative Committee (hereinafter referred to as the "Committee") shall be established under the Ministry of Land, Infrastructure and Transport to deliberate on the following matters related to housing policies: <Amended by Act No. 13803, Jan. 19, 2016>
1. Establishment and alteration of the minimum residential standards referred to in Article 17 and the recommended residential standards referred to in Article 19;
2. Formulation and alteration of comprehensive housing plans;
3. Designation, alteration, or cancellation of designation of housing site development zones under the Housing Site Development Promotion Act (limited to where the designating authority is the Minister of Land, Infrastructure and Transport; and including where approval from the Minister of Land, Infrastructure and Transport is required pursuant to Article 3 (2) of the same Act);
4. Designation, and cancellation of designation, of areas subject to the upper limit system for selling prices referred to in Article 58 of the Housing Act;
5. Designation, and cancellation of designation of overheated speculation districts referred to in Article 63 of the Housing Act;
6. Matters required by other statutes to undergo deliberation by the Committee;
7. Other important policies related to housing policies on housing welfare, etc. and to construction, supply and transactions of houses and are referred by the Minister of Land, Infrastructure and Transport to the Committee for deliberation).
(2) The Committee referred to in paragraph (1) shall be comprised of up to 25 persons, including one chairperson.
(3) The Minister of Land, Infrastructure and Transport shall serve as the chairperson and the following persons, as members of the Committee:
1. A vice minister-level public official of a related central administrative agency prescribed by Presidential Decree;
2. The Mayor/Do Governor having jurisdiction over the relevant housing site development zone (limited to deliberations on matters referred to in paragraph (1) 3);
3. The CEO of Korean Land and Housing Corporation;
4. The CEO of Korea Housing and Urban Guarantee Corporation under the Housing and Urban Fund Act;
5. Any of the following persons commissioned by the Minister of Land, Infrastructure and Transport:
(a) A person who represents a class subject to housing policies on housing welfare, etc.;
(b) A person with a good knowledge of and experience in housing policies on housing welfare, etc.
(4) Members of the Committee referred to in paragraph (3) 5 shall serve a two-year term, and may be recommissioned.
(5) Other matters necessary for the composition, operation, etc. of the Committee shall be prescribed by Presidential Decree.
 Article 9 (City/Do Housing Policy Deliberative Committee)
(1) A City/Do Housing Policy Deliberative Committee shall be established in a City/Do to deliberate on such matters as City/Do comprehensive housing plans and the designation, alteration, or cancellation of designation of housing site development zones under the Housing Site Development Promotion Act (limited to where the designating authority is the Mayor/Do Governor; and excluding where approval from the Minister of Land, Infrastructure and Transport is required pursuant to Article 3 (2) of the same Act).
(2) Matters necessary for the composition, operation, etc. of the City/Do Housing Policy Deliberative Committee shall be determined by Municipal Ordinance of the City/Do, as prescribed by Presidential Decree.
 Article 10 (Construction, Supply, etc. of Housing)
(1) The State and a local government shall endeavor to ensure that housing is constructed and supplied systematically and efficiently, and assist the housing market and industry to function in a sound manner.
(2) Necessary matters concerning paragraph (1) shall be separately prescribed by other Acts.
 Article 11 (Supply, etc. of Rental Housing)
(1) The State and a local government shall supply public rental houses for classes in need of housing support, such as the low-income bracket.
(2) The State and a local government shall provide support to facilitate the supply of private rental houses.
(3) The State and a local government may support non-profit organizations, such as social enterprises and social cooperatives, in supplying rental houses for the public interests.
(4) Necessary matters concerning paragraphs (1) through (3) shall be separately prescribed by other Acts.
 Article 12 (Management of Multi-unit Housing)
(1) The State and a local government shall establish a transparent and efficient multi-unit housing management system so that the people can maintain a fulfilling residential life.
(2) Necessary matters concerning paragraph (1) shall be separately prescribed by other Acts.
 Article 13 (Funds for Housing Policies)
(1) The State may formulate and operate funds necessary to efficiently execute housing policies.
(2) The State may subsidize a local government with financial resources required to implement housing policies.
(3) The State may subsidize funds necessary to purchase, rent, construct, or improve housing.
(4) Necessary matters concerning paragraph (1) shall be separately prescribed by other Acts.
 Article 14 (Improvement, etc. of Residential Environment)
(1) The State and a local government shall provide support to enhance the quality of residents' lives by improving the residential environment and worn-out houses.
(2) Necessary matters concerning paragraph (1) shall be separately prescribed by other Acts.
 Article 15 (Subsidization for Housing Expenses)
(1) The State and a local government shall grant housing benefits to low-income households that have difficulty living a residential life due to a heavy burden of housing expenses.
(2) Necessary matters concerning paragraph (1) shall be separately prescribed by other Acts.
(3) The State and a local government may fully or partially subsidize housing expenses, within the budgetary limits, for low-income households other than those eligible for the housing benefits referred to in paragraphs (1) and (2).
 Article 16 (Support for Housing-Disadvantaged Persons)
(1) The State and a local government shall provide support for housing-disadvantaged persons, such as the disabled and the aged, so that they are able to maintain a safe and convenient residential life.
(2) Necessary matters concerning paragraph (1) shall be separately prescribed by other Acts.
 Article 17 (Establishment of Minimum Residential Standards)
(1) The Minister of Land, Infrastructure and Transport shall establish and publicly announce the minimum residential standards as an indicator of the minimum level of housing necessary for the people to maintain a pleasant and fulfilling life.
(2) Where the Minister of Land, Infrastructure and Transport intends to establish and publicly announce the minimum residential standards pursuant to paragraph (1), he/she shall have the standards undergo deliberation by the Housing Policy Deliberative Committee after prior consultation with the heads of related central administrative agencies. The same shall also apply where the minister intends to change the publicly announced minimum residential standards.
(3) The minimum residential standards shall include matters prescribed by Presidential Decree, such as a residential area, the number of rooms by use, the structure, facilities and performance of a house, and environmental factors, and the appropriateness of the standards shall be maintained according to changing socioeconomic conditions.
 Article 18 (Preferential Subsidization for Households below Minimum Residential Standards)
(1) The State or a local government may give priority to supplying housing or subsidizing improvement funds for households below the minimum residential standards.
(2) Where the State or a local government establishes or executes housing policies, or where a business entity implements a housing construction project, it shall endeavor to reduce the number of households below the minimum residential standards.
(3) When the Minister of Land, Infrastructure and Transport or the head of a local government grants authorization, permission, etc. related to housing construction, he/she shall take necessary measures, such as issuing an order to supplement an application for approval for project plans in compliance with the minimum residential standards, if the details of the relevant construction project fail to satisfy such standards: Provided, That the same shall not apply to houses prescribed by Presidential Decree, such as small houses for single-person households, etc. built in the downtown of a city.
(4) The Minister of Land, Infrastructure and Transport or the head of a local government may take necessary measures to preferentially construct rental houses or to preferentially implement a maintenance project under the Act on the Improvement of Urban Areas and Residential Environments, in an area densely packed with households below the minimum residential standards.
 Article 19 (Establishment of Recommended Residential Standards)
(1) The Minister of Land, Infrastructure and Transport may establish and publicly announce recommended residential standards as an indicator of encouraging the elevation of the housing standards for the people.
(2) Where the Minister of Land, Infrastructure and Transport intends to establish and publicly announce the recommended residential standards pursuant to paragraph (1), he/she shall have the standards undergo deliberation by the Housing Policy Deliberative Committee after prior consultation with the heads of related central administrative agencies. The same shall also apply where the minister intends to alter the recommended residential standards publicly announced.
(3) Where the State or a local government intends to establish or implement a housing policy, it shall endeavor to reduce the number of households below the recommended residential standards.
 Article 20 (survey on Residential Conditions)
(1) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun may conduct a survey on residential conditions (hereinafter referred to as "survey on residential conditions") for matters prescribed by Presidential Decree in relation to the following:
1. Dwelling and residential environment;
2. Household characteristics;
3. Demand for housing welfare;
4. Other matters to grasp the residential conditions.
(2) The survey on residential conditions may be conducted separately for the following persons: <Amended by Act No. 14799, Apr. 18, 2017>
1. Eligible recipients and the next lowest income bracket defined in Article 2 of the National Basic Living Security Act;
2. Newlyweds, the disabled, and the aged;
3. Persons living in a place other than a house, such as goshiwon which is a tiny residential room for a person preparing for national examinations;
4. Young people, such as students attending the schools referred to in Article 2 of the Higher Education Act;
5. Other matters prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun may conduct a survey on residential conditions by classifying it into a regular and irregular survey. In such cases, survey items for the latter may be separately determined, if deemed especially necessary by the Minister of Land, Infrastructure and Transport, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun.
(4) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun may entrust business relating to the survey on residential conditions to an institution or organization established to promote housing welfare, the housing industry, etc., as prescribed by Presidential Decree.
(5) A person who intends to conduct the survey on residential conditions pursuant to paragraph (1) or (4) shall carry both a certificate indicating his/her authority and a document describing matters prescribed by Presidential Decree, such as the period and scope of the survey, the person in charge of the survey and relevant statutes, and shall present them to relevant persons. <Newly Inserted by Act No. 13803, Jan. 19, 2016>
(6) The period, method, procedures, etc. for the survey on residential conditions shall be prescribed by Presidential Decree.
 Article 21 (Housing Welfare Delivery System)
(1) The State and a local government shall establish a regionally and functionally balanced housing welfare delivery system to allow the people to easily access the system.
(2) The State and a local government shall have organization, human resources, budget, etc. necessary for efficiently operating a housing welfare delivery system.
(3) The State and a local government shall endeavor to ensure that the housing welfare delivery system in the private sector can be properly utilized and efficiently correlated with the housing welfare delivery system in the public sector.
 Article 22 (Housing Welfare Centers)
(1) The State and a local government may have a housing welfare center in order to conduct the following affairs:
1. Provision of information and consultations on housing welfare;
2. Support for housing-related surveys under Article 20 and relevant statutes;
3. Other matters prescribed by Presidential Decree.
(2) The State and a local government may entrust the establishment and operation of a housing welfare center to an institution equipped with expertise, organization, and human resources suitable for housing support business, as prescribed by Presidential Decree.
 Article 23 (Housing Welfare Information System)
(1) The Minister of Land, Infrastructure and Transport may establish and operate a housing welfare information system through linkage with the information system, etc. prescribed by Presidential Decree to enable the people to have easier access to housing welfare policies.
(2) The Minister of Land, Infrastructure and Transport may entrust business referred to in paragraph (1) to an institution or organization established to promote housing welfare, the housing industry, etc., as prescribed by Presidential Decree.
(3) No person who engages or previously engaged in business referred to paragraph (1) or (2) shall disclose or steal secrets he/she learned in the course of performing his/her duties.
(4) Details necessary for the establishment, operation, etc. of the housing welfare information system referred to in paragraph (1) shall be prescribed by Presidential Decree.
 Article 24 (Nurturing, etc. of Housing Welfare Experts)
(1) The State and a local government shall endeavor to nurture housing welfare experts.
(2) The State and a local government may support education for nurturing housing welfare exerts. In such cases, matters on specialized institutions for such education, subsidization for expenses, etc. shall be prescribed by Presidential Decree.
(3) The State, a local government, and a public institution may preferentially employ and place housing welfare experts to efficiently conduct the housing welfare affairs prescribed by Presidential Decree.
(4) Matters necessary for the employment, placement, etc. of housing welfare experts referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 25 (Penal Provisions)
A person who discloses or steals any secret he/she learned in the course of performing his/her duties in violation of Article 23 (3) shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 15120, Nov. 28, 2017>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (General Transitional Measures)
Decisions made, dispositions or procedures taken, investigations or other acts conducted under the former Housing Act at the time this Act enters into force shall be deemed made, taken, or conducted under this Act.
Article 3 (Transitional Measures concerning Formulation of Comprehensive Housing Plans)
Comprehensive housing plans formulated pursuant to Article 7 of the former Housing Act and City/Do comprehensive housing plans formulated pursuant to Article 8 of the same Act at the time this Act enters into force shall be deemed comprehensive housing plans formulated pursuant to Article 5 and City/Do comprehensive housing plans formulated pursuant to Article 6, respectively.
Article 4 (Transitional Measures concerning Housing Policy Deliberative Committee)
The Housing Policy Deliberative Committee under Article 84 of the former Housing Act and the City/Do Housing Policy Deliberative Committee under Article 85 of the same Act at the time this Act enters into force shall be deemed the Housing Policy Deliberative Committee under Article 8 and the City/Do Housing Policy Deliberative Committee under Article 9, respectively.
Article 5 (Transitional Measures concerning Minimum Residential Standards)
The minimum residential standards established and publicly announced pursuant to Article 5-2 of the former Housing Act at the time this Act enters into force shall be deemed the minimum residential standards under Article 17.
Article 6 Omitted.
Article 7 (Relationships with other Acts)
A citation of any provisions of the former Act by any other Act or subordinate statute at the time this Act enters into force shall be deemed a citation of the corresponding provisions of this Act in lieu of the former provisions, if such corresponding provisions exist herein.
ADDENDUM <Act No. 13803, Jan. 19, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13805, Jan. 19, 2016>
This Act shall enter into force on August 12, 2016.
ADDENDUM <Act No. 14799, Apr. 18, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15120, Nov. 28, 2017>
This Act shall enter into force six months after the date of its promulgation.