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

Act No. 5072, Dec. 29, 1995

Amended by Act No. 6219, Jan. 28, 2000

Act No. 6656, Feb. 4, 2002

Act No. 6744, Dec. 5, 2002

Act No. 6916, May 29, 2003

Act No. 7335, Jan. 14, 2005

Act No. 7397, Mar. 24, 2005

Act No. 7963, Jul. 19, 2006

Act No. 8679, Dec. 14, 2007

Act No. 8970, Mar. 21, 2008

Act No. 9401, Jan. 30, 2009

Act No. 9743, May 28, 2009

Act No. 10599, Apr. 14, 2011

Act No. 11998, Aug. 6, 2013

Act No. 13006, Jan. 20, 2015

Act No. 13805, Jan. 19, 2016

Act No. 14468, Dec. 27, 2016

Act No. 14567, Feb. 8, 2017

Act No. 14569, Feb. 8, 2017

Act No. 14604, Mar. 21, 2017

Act No. 14839, Jul. 26, 2017

Act No. 15309, Dec. 26, 2017

 Article 1 (Purpose)
The purpose of this Act is to facilitate the procurement of school sites and to facilitate the extension of existing schools in close proximity where procuring school sites is impossible by prescribing special cases concerning the creation, development and supply of school sites for public elementary schools, middle schools and high schools.
[This Article Wholly Amended by Act No. 8679, Dec. 14, 2007]
 Article 2 (Definitions)
The definitions of terms used in this Act are as follows: <Amended by Act No. 14604, Mar. 21, 2017; Act No. 15309, Dec. 26, 2017>
1. The term "school sites" means land necessary to establish school buildings, sports grounds and training fields for public elementary schools, middle schools and high schools, and other school facilities;
2. The term "development projects" means projects which create and develop sites for housing construction of at least 100 households, among the projects implemented under any of the following Acts:
(f) Industrial Sites and Development Act
(i) Special Act on the Construction and Development of Innovation Cities;
(l) Special Act on the Construction and Support of Cities for the Purpose of Relocating Do Offices;
3. The term "charges for school sites" means expenses (hereinafter referred to as "charges") collected incurred in development projects from persons implementing such development projects by the Special Metropolitan City Mayor, Metropolitan City Mayors, the Metropolitan Autonomous City Mayor, Do Governors or the Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") in order to procure school sites or to extend existing schools in close proximity where procuring school sites is impossible.
[This Article Wholly Amended by Act No. 8679, Dec. 14, 2007]
 Article 3 (Creation and Development of School Sites)
(1) Those (hereinafter referred to as "development project implementers") who implement development projects of at least 300 households (development projects falling under Article 5 (5) 3 shall target the number of households excluding that of such development projects; reconstruction projects under subparagraph 2 (c) of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments; and small-scale reconstruction project under Article 2 (1) 3 (c) of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement shall target the number of households excluding that of existing households) shall include the matters of creation and development of school sites in the plans to be established to implement such development projects. In such cases, the provisions of Article 43 of the National Land Planning and Utilization Act concerning the standards, etc. for establishment of school facilities shall apply mutatis mutnandis to the location, scale, etc. of school sites. <Amended by Act No. 14569, Feb. 8, 2017; Act No. 14604, Mar. 21, 2017>
(2) The superintendents of offices of education of Special Metropolitan City, Metropolitan Cities, Metropolitan Autonomous City, Dos or Special Self-Governing Provinces (hereinafter referred to as "superintendents of education") shall ensure that the development project implementers of development projects with school facilities not meeting the standards for installation procure school sites of an appropriate scale in consideration of the scale of such development projects and conditions of the area: Provided, That such area is so small that procuring school sites of an appropriate scale is concluded as impossible, they may allow the development project implementers to procure school sites adjacent to such project sites. <Amended by Act No. 14604, Mar. 21, 2017>
(3) When development project implementers intend to develop school sites as prescribed in paragraph (1) or to procure school sites as prescribed in paragraph (2), they shall hear the opinions of the superintendents of education. In such cases, the superintendents of education shall consult with the Mayors/Do Governors on the sharing of expenses, etc., who bear 1/2 of the expenses for purchasing school sites as prescribed in Article 4 (4). <Amended by Act No. 9743, May 28, 2009>
(4) When development project plans that include the plans for the creation and development of school sites under paragraph (1) are permitted, authorized or approved, the Mayors/Do Governors or heads of Sis or Guns shall formulate, without delay, an urban/Gun management planning under Article 25 of the National Land Planning and Utilization Plan on such school sites. <Amended by Act No. 10599, Apr. 14, 2011>
(5) Matters necessary for the procurement of school sites of an appropriate scale under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8679, Dec. 14, 2007]
 Article 4 (Procurement of School Sites and Sharing Expenses)
(1) The Special Metropolitan City, Metropolitan Cities, Metropolitan Autonomous City , Dos or Special Self-Governing Province (hereinafter referred to as "Cities/Dos") that are the development project implementers, shall procure school sites under Article 3 and make them public property belonging to the special accounts of City/Do educational expenses. <Amended by Act No. 14604, Mar. 21, 2017>
(2) Development project implementers, other than Cities/Dos shall supply school sites under Article 3 to Cities/Dos, and Cities/Dos shall procure school sites and make them as public property belonging to the special accounts of City/Do educational expenses.
(3) The supply price of school sites under paragraphs (1) and (2) shall be as follows: <Amended by Act No. 9743, May 28, 2009; Act No. 13782, Jan. 19, 2016>
1. Where development project implementers in the following items perform development projects, school sites shall be supplied without compensation (for rearrangement projects under the Act on the Improvement of Urban Areas and Residential Environments, at 50/100 of the cost of creating school sites for elementary schools and middle schools and at 70/100 of the cost of creating school sites for high schools, in cases of 2,000 households or more; at creation cost, in cases below 2,000 households):
(a) The State or local governments;
(c) Local government-directly operated enterprises under Article 5 of the Local Public Enterprises Act;
(d) Local government-invested public corporations under Article 49 of the Local Public Enterprises Act;
(e) Local government public corporations under Article 76 of the Local Public Enterprises Act;
2. The supply price of school sites supplied by development project implementers, other than the development project implementers under the items of subparagraph 1, shall be the based on the appraisal under subparagraph 2 of Article 2 of the Act on Appraisal and Certified Appraisers.
(4) Expenses incurred by Cities/Dos in procuring school sites shall be borne one-half by the general accounts and special accounts of charges for school sites under Article 5-4 of Cities/Does of Cities/Dos and one-half by the special accounts of Cities/Dos educational expenses, respectively. <Amended by Act No. 14604, Mar. 21, 2017>
(5) The Mayors/Do Governors shall transfer the amount charged under paragraph (4) to the special accounts of Cities/Dos educational expenses by appropriating such amount to the general accounts and special accounts of charges for school sites under Article 5-4 of Cities/Dos. <Newly Inserted by Act No. 14604, Mar. 21, 2017>
(6) "Cost of creating school sites" under paragraph (3) 1 means the cost incurred in creating sites where the cost of creating sites is prescribed by the Acts referred to in subparagraph 2 of Article 2, and means the price calculated by applying mutatis mutandis the method for calculating the cost of creating housing sites under Article 18 (3) of the Housing Site Development Promotion Act where the cost of creating school sites is not prescribed.
(7) Where development project implementers supply school sites or school facilities in the form of the public property belonging to the special accounts of City/Do educational expenses without compensation, the expenses incurred in suppling such school sites or school facilities without compensation may be included in the development costs under Article 11 (1) of the Restitution of Development Gains Act. <Newly Inserted by Act No. 9743, May 28, 2009>
(8) Where development project implementers under the items of paragraph (3) 1 perform development projects, land needed to newly install school facilities (including school buildings, sports grounds and training fields) by educational foundations under subparagraph 2 of Article 2 of the Private School Act, which intend to establish or relocate private schools (limited to elementary schools, middle schools and high schools) within or to development project areas, may be supplied at or below the cost of creating school sites. <Newly Inserted by Act No. 9743, May 28, 2009; Act No. 14468, Dec. 27, 2016>
[This Article Wholly Amended by Act No. 8679, Dec. 14, 2007]
 Article 4-2 (Special Cases to School Facilities)
(1) Where development project implementers under the items of Article 4 (3) 1 perform development projects which have to supply school sites without compensation in the Seoul Metropolitan area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act, they shall install and supply school facilities including small parks and landscaped green areas to City/Do offices of education without compensation as public property belonging to the special accounts of City/Do educational expenses.
(2) Development project implementers installing school facilities as prescribed in paragraph (1) shall consult with the superintendents of education concerning the number and scale of schools, small parks, landscaped green areas to be installed in the school sites, time to open schools, expenses to establish schools, etc.
(3) Notwithstanding Article 14 (2) of the Act on Urban Parks, Green Areas, Etc., development project implementers installing school facilities as prescribed in paragraph (1) may procure an area obtained by subtracting a maximum of 1/100 of the area of development projects from the standard areas under the same paragraph as urban parks or green areas.
(4) The development gains earned while urban parks and green areas shrink as prescribed in paragraph (3) shall be used for expenses to install school facilities.
(5) Where school facilities are installed as prescribed in paragraph (1) and the expenses thereof exceed the development gains under paragraph (4), the difference shall be determined through consultation under paragraph (2) and be borne by the superintendents of education.
(6) Where development project implementers who do not supply school facilities without compensation as prescribed in paragraph (1) install and supply school facilities without compensation, the provisions of paragraphs (2) through (4) shall apply mutatis mutandis.
[This Article Newly Inserted by Act No. 9743, May 28, 2009]
 Article 5 (Imposition and Collection of Charges)
(1) The Mayors/Do Governors may impose and collect charges from those who develop land to construct detached housing and sell in parcels or who sell multi-family housing in parcels within the development project areas (hereinafter referred to as “person who sells multi-family housing in parcels, etc.”): Provided, That in cases of development projects falling under any of the following subparagraphs, this shall not apply: <Amended by Act No. 8679, Dec. 14, 2007; Act No. 13006, Jan. 20, 2015; Act No. 13805, Jan. 19, 2016; Amended by Act No. 14569, Feb. 8, 2017; Act No. 14604, Mar. 21, 2017>
1. Where housing sites for relocation or houses for relocation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects therefor are sold in parcels;
2. Where rental houses are sold in parcels;
3. Where the number of household in the relevant urban development zone has not increased after the implementation of an urban development project under Article 2 (1) 2 of the Urban Development Act;
4. Cases of residential environment improvement projects under subparagraph 2 (a) of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments;
5. Where the number of household in the relevant rearrangement project area and project zone has not increased after the implementation of a rearrangement project under subparagraph 2 (b) through (c) of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments and a small-scale reconstruction project under Article 2 (1) 3 (b) and (c) of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;
6. Where the aforementioned are sold in parcels to the constituent members of remodelling housing associations under subparagraph 11 (c) of Article 2 of the Housing Act.
(2) Where a person who sells multi-family housing in parcels, etc. has sold land to construct detached housing or multi-family housing, he/she shall submit sales materials such as details of contractors for selling and supplying and contracts for selling and supplying to the relevant Mayor/Do Governor by the deadline prescribed by Presidential Decree. <Newly Inserted by Act No. 14604, Mar. 21, 2017>
(3) Upon receipt of sales materials under paragraph (2), the relevant Mayor/Do Governor shall immediately issue a payment notice, on which the amount of charges, payment deadline, payment method and place of payment, etc. are written, to the relevant person who sells multi-family housing in parcels, etc. <Newly Inserted by Act No. 14604, Mar. 21, 2017>
(4) The payment deadline of charges under paragraph (3) shall be 30 days from the date of notice. <Newly Inserted by Act No. 14604, Mar. 21, 2017>
(5) Where any of the following cases arises, the Mayors/Do Governors may exempt the undermentioned charges: Provided, That it falls under subparagraph 1, 3 or 4, they shall exempt the undermentioned charges: <Amended by Act No. 8679, Dec. 14, 2007; Act No. 9743, May 28, 2009>
1. Where development project implementers contribute school sites suggested according to the opinions of the superintendents of education under Article 3 (3) to the special accounts of educational expenses;
2. Where development projects are implemented in an area where demand for school construction is nil because the number of schoolchildren has been decreasing continuously for the preceding three years or more;
3. Where development projects are implemented for a use by which demand for school attendance fails to develop, such as welfare housing for the aged under Article 32 of the Welfare of Older Persons Act;
4. Where development project implementers supply school sites or school facilities without compensation as public property belonging to the special accounts of City/Do educational expenses.
(6) Necessary matters, other than provided in paragraphs (1) through (5), for the methods, procedures, etc. of imposition and collection of charges shall be prescribed by Presidential Decree. <Amended by Act No. 8679, Dec. 14, 2007; Act No. 14604, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 6219, Jan. 28, 2000]
[Article 5 (1) was amended by Act No. 13006 promulgated on January 20, 2015, pursuant to the decision of inconsistency with the Constitution by the Constitutional Court made on July 25, 2013 and on April 24, 2014]
 Article 5-2 (Standards for Calculating Charges)
(1) The charges under Article 5 (1) shall be imposed on the basis of price of sale in parcels in the case of multi-family housing; on the basis of price of sale in parcels of sites for detached housing in the case of land on which to construct detached housing.
(2) The charges under paragraph (1) shall be calculated according to the standards in the following subparagraphs: <Amended by Act No. 9743, May 28, 2009>
1. Multi-family housing: Price of sale in parcels of multi-family housing by household × 8/1,000;
2. Land to construct detached housing on: Price of sale in parcels of sites for detached housing × 14/1,000.
[This Article Wholly Amended by Act No. 8679, Dec. 14, 2007]
 Article 5-3 (Compulsory Collection of Charges, etc.)
(1) If persons obliged to pay charges fail to pay charges by the relevant deadline, the Mayors/Do Governors shall issue a reminder notice within ten days from such deadline. In such cases, the new deadline shall be ten days after the date such reminder is issued.
(2) If persons obliged to pay charges fail to pay charges by the deadline under the fore part of paragraph (1), the Mayors/Do Governors may impose additional charges equivalent to 3/100 of such charges. <Amended by Act No. 14604, Mar. 21, 2017>
(3) If persons obliged to pay charges fail to pay charges and additional charges by the specified deadline, the Mayors/Do Governors may collect them in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013>
[This Article Wholly Amended by Act No. 8679, Dec. 14, 2007]
 Article 5-4 (Formulation of Special Accounts of Charges for School Sites)
(1) Cities/Dos shall formulate special accounts of charges for school sites (hereinafter referred to as “special account” in this Article) to raise expenses as necessary for procurement, etc. of school sites, and appropriately manage charges.
(2) The Mayors/Do Governors shall manage and operate special accounts.
(3) The revenue of special accounts shall be as follows:
1. Charges imposed and collected under Article 5 (1);
2. Additional charges imposed and collected under Article 5-3 (2);
3. Other financial resources determined by Ordinance of the relevant City/Do.
(4) The expenditures of special accounts shall be as follows:
1. Expenditures to be borne for procurement of school sites under Article 4 (4);
2. Expenditures to extend schools under Article 6 (2);
3. Refund for overpayment or erroneous payment of charges;
4. Expenses to be spent for imposition and collection of charges;
5. Other matters determined by Ordinance of the relevant City/Do, which are necessary to procure school sites or appropriately manage charges.
(5) The Mayors/Do Governors shall report the operating status of special accounts to the Minister of the Interior and Safety as prescribed by Presidential Decree, and the Minister of the Interior and Safety shall notify the Minister of Education of the details which he/she is reported. <Amended by Act No. 14839, Jul. 26, 2017>
(6) Necessary matters for formulation, operation and management of special account, etc. shall be determined by Ordinance of the relevant City/Do.
[This Article Newly Inserted by Act No. 14604, Mar. 21, 2017]
 Article 6 (Financial Resources for Expenses to Be Borne by Cities/Dos)
(1) The Cities/Dos may raise expenses to be borne under Article 4 (4) by City/Do general accounts to procure school sites from the financial resources in the following subparagraphs under Article 4 (4): <Amended by Act No. 14604, Mar. 21, 2017>
1. Tax amount determined by Presidential Decree from local taxes imposed and collected in areas where development projects are implemented;
2. Amount determined by Presidential Decree among development charges imposed and collected in the development project areas in accordance with the Restitution of Development Gains Act;
3. Deleted; <by Act No. 14604, Mar. 21, 2017>
4. Deleted. <by Act No. 9743, May 28, 2009>
(2) Where Cities/Dos are unable to procure school sites, under Article 4 (1) and (2), expenses needed to extend schools in close proximity may be raised from the financial resources of special accounts of charges for school sites under Article 5-4. In such cases expenses to extend schools shall be transferred to the special accounts of Cities/Dos educational expenses by appropriating it to the budget of special accounts of charges for school sites. <Amended by Act No. 14604, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 8679, Dec. 14, 2007]
 Article 7 (Creation, Development, etc. of National and Public Land as School Sites)
(1) Where national land which is general property or public land which is miscellaneous property exists in an area where development projects are implemented at the time when development project plans are approved, the State and local governments may create, develop, and procure it as school sites, or concede it to development project implementers notwithstanding Article 55 of the State Property Act and Article 40 of the Public Property and Commodity Management Act. <Amended by Act No. 9401, Jan. 30, 2009; Act No. 9743, May 28, 2009>
(2) The size of national land and public land to be procured as school sites or to be conceded to development project implementers as prescribed in paragraph (1) shall be as needed for school sites, and the proportion of national land and public land shall be the rate of size of national land which is general property and size of public land which is miscellaneous property. <Amended by Act No. 9401, Jan. 30, 2009>
(3) Where development project implementers procure or supply school sites as prescribed in Article 4, and if national land and public land under paragraph (1) exist with regard to such development projects, the price of such national land and public land shall be deducted from the expenses needed to procure such school sites or from the price of school sites being supplied. In such cases, the price of national land and public land shall be calculated by applying mutatis mutandis the provisions of Articles 67 (1), 70, 71, 74 through 77, and 78 (5) through (7) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects therefor.
[This Article Wholly Amended by Act No. 8679, Dec. 14, 2007]
 Article 8 (Mitigating Application of Standards for School Facilities)
The standards for school sites, such as the standards, etc. for facilities of public elementary schools, middle schools, and high schools in areas where development projects are implemented may be applied after mitigation in consideration of the conditions of such areas, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8679, Dec. 14, 2007]
 Article 9 (Delegation of Authority)
(1) The Mayors/Do Governors may delegate duties concerning the imposition and collection of charges under Article 5 to the heads of Sis, Guns and Gus (refers to the heads of autonomous Gus), as prescribed by Municipal Ordinance of such Cities/Dos.
(2) The superintendents of education may delegate duties concerning the procurement of adjacent school sites under Article 3 and concerning the expression of opinions of the superintendents of education to the heads of Si/Gun/Gu offices of education, as prescribed by the relevant educational regulations.
[This Article Wholly Amended by Act No. 8679, Dec. 14, 2007]
 Article 10 (Requests for Suspension of Works)
Where any development project implementer violates the conditions of permission, authorization, or approval for development project plans by not procuring school sites according to the development project plans under Article 3, the superintendents of education may request persons with authority to permit, authorize, or approve such development project plans to suspend works under Article 79 of the Building Act, Article 75 of the Urban Development Act, Article 113 of the Act on the Improvement of Urban Areas and Residential Environments, Article 94 of the Housing Act, Article 23 of the Housing Site Development Promotion Act, Article 48 of the Industrial Sites and Development Act, Article 55 of the Special Act on Public Housing, Article 55 of the Special Act on the Construction and Development of Innovation Cities, Article 47 of the Special Act on the Development of Enterprise Cities, Article 38 of the Special Act on the Construction and Support of Cities for the Purpose of Relocating Do Offices and Article 40 of the Special Act on Private Rental Housing. <Amended by Act No. 8970, Mar. 21, 2008; Act No. 13805, Jan. 19, 2016; Act No. 14567, Feb. 8, 2017; Act No. 14604, Mar. 21, 2017; Act No. 15309, Dec. 26, 2017>
[This Article Wholly Amended by Act No. 8679, Dec. 14, 2007]
 Article 11 (Administrative Fines)
(1) Any person who fails to submit sales materials by deadline or submits false materials, in violation of Article 5 (2), shall be punished by an administrative fine not exceeding five million won.
(2) The Mayors/Do Governors shall impose and collect an administrative fine under paragraph (1), as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14604, Mar. 21, 2017]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force 30 days after the date of its promulgation.
(2) (Applicability) This Act shall not apply to the development projects in which the determined and announced price of houses to be sold in parcels relating to development projects at the time this Act enters into force.
ADDENDA <Act No. 6219, Jan. 28, 2000>
(1) (Enforcement Date) This Act shall enter into force 30 days after the date of its promulgation.
(2) (Applicability concerning Imposition of Charges) The amended provisions of Articles 3 through 5-3 shall begin to apply to the first development projects approved under Article 33 of the Housing Construction Promotion Act, Article 8 of the Housing Site Development Promotion Act or Articles 6 and 7 of the Industrial Sites and Development Act after this Act enters into force.
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6744, Dec. 5, 2002>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability concerning Development Projects under Building Act, etc.) Matters concerning the creation, development and procurement of school sites and concerning sharing expenses under the provisions of Articles 3 and 4 in cases of development projects under the amended provisions of subparagraph 2 of Article 2 shall begin to apply to the development projects for which first permission, authorization, or approval has been obtained under the provisions of Article 8 of the Building Act, Articles 22 through 24 of the Urban Redevelopment Act or Article 33 of the Housing Construction Promotion Act, or which have been designated as residential environment improvement districts for the first time under the provisions of Article 3 of the Act on Temporary Measures for the Improvement of Dwelling and Other Living Conditions for Low-Income Urban Residents after this Act enters into force.
(3) (Applicability concerning Imposition and Collection of Charges) The imposition and collection of charges under the provisions of Article 5 in cases of development projects under the amended provisions of subparagraph 2 of Article 2 shall begin to apply to the development projects for which first permission, authorization, or approval has been obtained under the provisions of Article 8 of the Building Act, Articles 22 through 24 of the Urban Redevelopment Act or Article 33 of the Housing Construction Promotion Act, or which have been designated as residential environment improvement districts for the first time under the provisions of Article 3 of the Act on Temporary Measures for the Improvement of Dwelling and Other Living Conditions for Low-Income Urban Residents after this Act enters into force.
ADDENDA <Act No. 6916, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 7335, Jan. 14, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7397, Mar. 24, 2005>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 shall enter into force three months after the date of its promulgation.
(2) (Applicability concerning Creation, Development and Procurement of School Sites) The amended provisions of Article 3 shall begin to apply to the development projects (including cases to which this Act became applicable due to changes in project plans) for which permission, authorization or approval has been obtained after such amended provisions enter into force.
(3) (Applicability concerning Imposition and Collection of Charges) The amended provisions of Articles 5 and 5-2 shall begin to apply to the development projects (including cases to which this Act became applicable due to changes in project plans) which have been announced and approved for sale in parcels after this Act enters into force.
(4) (Applicability concerning Development Projects on Scale of below 300 Households) The development projects on a scale of below 300 households for which permission, authorization or approval has been obtained at the time this Act enters into force shall be excluded from the subject of imposition of charges under the previous provisions notwithstanding the amended provisions of subparagraphs 2 and 3 of Article 2, Article 5 (1) and paragraph (3) of Addenda.
ADDENDA <Act No. 7963, Jul. 19, 2006>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability concerning Supply Price of School Sites) The amended provisions of Article 4 (3) shall begin to apply to the first application for approval for the supply of housing sites under the provisions of Article 18 of the Housing Site Development Promotion Act after this Act enters into force.
(3) (Applicability concerning Supply Price of School Sites within District Prearranged for Seongnam Pangyo Housing Site Development) Notwithstanding the amended provisions of Article 4 (3) and paragraph (2) of Addenda, the supply price of school sites for elementary schools and middle schools within the district prearranged for Seongnam Pangyo housing site development under promotion after designation of the Minister of Land, Transport and Maritime Affairs under the provisions of Article 3 of the Housing Site Development Promotion Act on December 26, 2001 as a district prearranged for housing site development at the time this Act enter into force shall be 25/100 of the cost of creating school sites; the supply price of school sites for high schools shall be 70/100 of the cost of creating school sites.
ADDENDUM <Act No. 8679, Dec. 14, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8970, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on April 12, 2008. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9743, May 28, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Supply Price of School Sites)
(1) The amended provisions of Article 4 (3) 1 shall begin to apply to the development projects falling under the following subparagraphs after this Act enters into force:
1. Development projects for which authorization of implementation plans under Article 17 of the Urban Development Act is applied;
2. Development projects for which approval for the implementation plans for national industrial complex development under Article 17 of the Industrial Sites and Development Act, approval for the implementation plans for local industrial complex development under Article 18 of the same Act, approval for the implementation plans for urban high-tech industrial complex development under Article 18-2 of the same Act or approval for the implementation plans for agricultural and industrial complex development under Article 19 of the same Act is applied;
3. Development projects for which approval for the implementation plans for housing site development projects under Article 9 of the Housing Site Development Promotion Act is applied.
(2) Notwithstanding paragraph (1), the supply price of school sites for elementary schools and middle schools for which contracts to supply school sites are concluded after this Act enters into force from among school sites within the development project (excluding urban development projects using the land substitution method under Article 21 of the Urban Development Act) areas for which authorization under subparagraphs of paragraph (1) have been applied or authorization, etc. have been obtained between July 19, 2006 and the date when this Act enters into force shall be 20/100 of the cost of creating school sites; the supply price of school sites for high schools shall be 30/100 of the cost of creating school sites.
Article 3 (Applicability concerning Standards for Calculating Charges)
The amended provisions of Article 5-2 (2) 1 shall begin to apply to the development projects for which approval for the invitation of occupants under Article 38 of the Housing Act is first applied after this Act enters into force, and the amended provisions of Article 5-2 (2) 2 shall begin to apply to development projects falling under subparagraphs of Article 2 (1) of the Addenda after this Act enters into force.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 13006, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13782, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14468, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14567, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 40 Omitted.
ADDENDA <Act No. 14569, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 14604, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5 and 11 shall enters into force six months after the date of its promulgation.
Article 2 (Applicabilities to Development Projects under the Special Act on Public Housing, Etc.)
With respect to a development project under the amended provisions of subparagraph 2 of Article 2, the special cases in relation to the creation, development, procurement, expenses to be borne and school facilities shall begin to apply to the first development project to be approved under Article 17 of the Special Act on Public Housing, Article 21 of the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-Up Measures for New Administrative Capital, Article 12 of the Special Act on the Construction and Support of Innovation Cities Following Relocation of Public Agencies, Article 9 of the Special Act on Designation and Management of Free Economic Zones, Article 12 of the Special Act on the Development of Enterprise Cities, Article 14 of the Special Act on the Construction and Support of Cities for the Purpose of Relocating Do Offices, Article 11 of Special Act on Support for Areas, etc. Adjacent to Districts Granted to the United States Armed Forces in Korea, Article 28 of the Special Act on Private Rental Housing, or Article 27 of the Special Act on Promotion of Special Research and Development Zones after this Act enters into force.
Article 3 (Applicabilities to Imposition and Collection of Charges)
With respect to a development project under the amended provisions of subparagraph 2 of Article 2, imposition and collection of charges under Article 5 shall begin to apply to the first development project (including where such project becomes the subject to which this Act applies) to be approved for sales notice after this Act enters into force.
Article 4 (Applicabilities to Special Accounts of Charges for School Sites)
The amended provisions of Articles 4 (4) and (5), 5-4, and 6 (1) 3 and (2) shall begin to apply to budgets for the next fiscal year of the fiscal year in which the enforcement date of this Act is included.
Article 5 (Applicabilities to Request to Suspend Works)
Requests to suspend works under the amended provisions of Article 10 shall begin to apply to the first development project to be approved under Article 17 of the Special Act on Public Housing, Article 12 of the Special Act on the Construction and Support of Innovation Cities Following Relocation of Public Agencies, Article 12 of the Special Act on the Development of Enterprise Cities, Article 14 of the Special Act on the Construction and Support of Cities for the Purpose of Relocating Do Offices, and Article 28 of the Special Act on Private Rental Housing after this Act enters into force.
Article 6 (Transitional Measures concerning Additional Charges)
With respect to imposition criteria for additional charges of a person obliged to pay who receives a reminder notice for charges before this Act enters into force, notwithstanding the amended provisions of Article 5-3 (2), the previous provisions shall apply.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of any Act, the enforcement date which does not arrive even though it is promulgated before this Act enters into force, from among Acts which are amended under Article 5 of Addenda, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15309, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.