URBAN DEVELOPMENT ACT
Wholly Amended by Act No. 8970, Mar. 21, 2008
Amended by Act No. 9044, Mar. 28, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9758, jun. 9, 2009
Act No. 9774, jun. 9, 2009
Act No. 9862, Dec. 29, 2009
Act No. 10220, Mar. 31, 2010
Act No. 10221, Mar. 31, 2010
Act No. 10272, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10580, Apr. 12, 2011
Act No. 10599, Apr. 14, 2011
Act No. 11068, Sep. 30, 2011
Act No. 11186, Jan. 17, 2012
Act No. 11650, Mar. 22, 2013
Act No. 11690, Mar. 23, 2013
Act No. 11794, May 22, 2013
Act No. 11923, Jul. 16, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12251, Jan. 14, 2014
Act No. 12738, jun. 3, 2014
Act No. 12844, Nov. 19, 2014
Act No. 12989, Jan. 6, 2015
Act No. 12641, May 21, 2015
Act No. 13479, Aug. 11, 2015
Act No. 13498, Aug. 28, 2015
Act No. 13499, Aug. 28, 2015
Act No. 13805, Jan. 19, 2016
Act No. 13782, Jan. 19, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14567, Feb. 8, 2017
Act No. 14795, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
Act No. 15600, Apr. 17, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the promotion of planned and systematic urban development, the creation of comfortable urban environment and the promotion public welfare by prescribing matters necessary for urban development.
| (1) | The definitions of terms used in this Act shall be as follows: |
| 1. | The term "urban development zone" means a zone, designated and publicly announced under Articles 3 and 9, within which to implement an urban development project; |
| 2. | The term "urban development project" means a project implemented to build a complex or town having functions, such as residence, commerce, industries, distribution, information and communications, ecology, culture, health and welfare in an urban development zone. |
CHAPTER II DESIGNATION, ETC. OF URBAN DEVELOPMENT ZONES
| Article 3 (Designation, etc. of Urban Development Zones) |
| (1) | When a planned urban development is deemed necessary, any of the following persons may designate an urban development zone: <Amended by Act No. 9044, Mar. 28, 2008; Act No. 9862, Dec. 29, 2009> |
| 1. | A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"); |
| 2. | The head of any large Si, except for the Seoul Special Metropolitan City and a Metropolitan City, whose population is not less than 500,000 under Article 175 of the Local Autonomy Act (hereinafter referred to as the "head of a Large Si"). |
| (2) | Where an area in which an urban development project is deemed necessary is located in two or more Special Metropolitan Cities, Metropolitan Cities, Dos, Special Self-Governing Provinces (hereinafter referred to as "City/Do") or large Sis, except for the Seoul Special Metropolitan City and the Metropolitan Cities, whose population is not less than 500,000 (hereafter referred to as "Large Si" in this Article and Article 8) under Article 175 of the Local Autonomy Act, the relevant Mayors/Do Governors or the heads of Large Sis shall determine a person who may designate the urban development zone in consultation with one another. <Amended by Act No. 9044, Mar. 28, 2008; Act No. 9862, Dec. 29, 2009> |
| (3) | Notwithstanding paragraphs (1) and (2), the Minister of Land, Infrastructure and Transport may designate an urban development zone, in any of the following cases: <Amended by Act No. 9862, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | Where the State needs to implement an urban development project; |
| 2. | Where the head of the relevant central administrative agency issues a request; |
| 3. | Where the head of a public institution under Article 11 (1) 2 or the head of a government-funded institution under subparagraph 3 of the same paragraph proposes the designation of an urban development zone which is not smaller than the scale prescribed by Presidential Decree and which is closely related to any national plan; |
| 4. | Where such consultation as is referred to in paragraph (2) ends in failure; |
| 5. | Other cases prescribed by Presidential Decree. |
| (4) | The head of a Si (excluding a Large Si)/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) may request the Mayor/Do Governor to designate an urban development zone, as prescribed by Presidential Decree. <Amended by Act No. 9044, Mar. 28, 2008> |
| (5) | Where an urban development zone is designated under paragraph (1) or where such designation is requested, matters necessary for the area to be designated as an urban development zone and the scale thereof, procedures for such request, documents to be submitted, and other similar matters shall be prescribed by Presidential Decree. |
| Article 3-2 (Dividing or Combining Urban Development Zones) |
| (1) | Where deemed necessary for the efficient conduct of an urban development project, protecting urban scenery, etc., any person who designates an urban development zone pursuant to Article 3 (hereinafter referred to as "designating authority") may divide the urban development zone into two or more project implementation districts or combine two or more areas separated from one another and then designate such areas as one urban development zone. |
| (2) | Matters necessary for requirements and procedures for designating an urban development zone upon division or combination pursuant to paragraph (1) and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
| Article 4 (Preparation and Modification of Development Plans) |
| (1) | Where any designating authority intends to designate an urban development zone, it shall prepare an urban development project plan for the urban development zone (hereinafter referred to as "development plan"): Provided, That where it invites proposals for a development plan pursuant to paragraph (2), or designates an urban development zone in an area prescribed by Presidential Decree, it may prepare a development plan after such designation. <Amended by Act No. 11068, Sep. 30, 2011; Act No. 11186, Jan. 17, 2012> |
| (2) | Where necessary to conduct an urban development project in a creative and efficient manner, any designating authority may invite proposals for a development plan and reflect the selected proposal in the development plan, as prescribed by Presidential Decree. In such cases, where the selected proposer has qualifications provided in Article 11 (1), it may give priority to such proposer in designating an implementer. <Newly Inserted by Act No. 11186, Jan. 17, 2012> |
| (3) | Any designating authority may modify a development plan directly or at the request of the head of a relevant central administrative agency or the head of a Si (excluding a Large Si)/Gun/Gu made pursuant to Article 3 (3) 2 or paragraph (4) of the same Article or an implementer of an urban development project designated pursuant to Article 11 (1). <Amended by Act No. 9044, Mar. 28, 2008; Act No. 11186, Jan. 17, 2012> |
| (4) | Where any designating authority intends to prepare a development plan for an urban development project by the replotting method, it shall obtain the consent of an owner of land equivalent to at least 2/3 of the land in any area to which such method applies and consent of at least 1/2 of all owners of land in the area. The same shall also apply to any modification of a development plan (excluding that of minor matters prescribed by Presidential Decree) to implement a urban development project by such method. <Amended by Act No. 11186, Jan. 17, 2012> |
| (5) | Where any designating authority prepares or modifies a development plan to implement an urban development project by the replotting method, it needs not to obtain the consent of the owner or owners of the land, in any case in which an implementer of an urban development project falls under Article 11 (1) 1, notwithstanding paragraph (4). <Amended by Act No. 11186, Jan. 17, 2012> |
| (6) | Where any designating authority prepares or modifies a development plan to implement an urban development project in whole by the replotting method, it shall, notwithstanding paragraph (4), be deemed to have obtained the consent of the owner or owners of the land in any case in which an implementer of the urban development project is an association under Article 11 (1) 6 and he/she submits to the designating authority a development plan, the preparation or modification of which has been decided by the affirmative vote of members of the association equivalent to at least 2/3 of the area of land in an urban development zone and of at least 1/2 of the members of the association in such zone, at a general meeting after the association is organized. <Amended by Act No. 11186, Jan. 17, 2012> |
| (7) | Methods of calculating the number of consenters under paragraph (4), procedures for consent and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 11186, Jan. 17, 2012> |
| Article 5 (Contents of Development Plans) |
| (1) | The following shall be included in each development plan: Provided, That matters referred to in subparagraphs 13 through 16 may be included in a development plan after the designation of an urban development zone: <Amended by Act No. 11068, Sep. 30, 2011; Act No. 13499, Aug. 28, 2015> |
| 1. | The name, location, and area of an urban development zone; |
| 2. | Purposes for which an urban development zone is designated and the period for implementation of an urban development project; |
| 3. | Where an urban development project is implemented after dividing an urban development zone into two or more project implementation districts or combining two or more areas separated from one another into a zone as prescribed in Article 3-2, matters concerning such division or combination; |
| 4. | Matters concerning an implementer of an urban development project; |
| 5. | The method of implementing an urban development project; |
| 6. | Plans for admitting the population; |
| 7. | Land utilization plans; |
| 7-2. | Land to be supplied as land retaining original features pursuant to Article 25-2 and direction-setting for development; |
| 8. | Traffic control plans; |
| 9. | Environmental conservation plans; |
| 10. | Plans for establishing health and medical facilities and welfare facilities; |
| 11. | Plans for building major infrastructure, such as roads, and water supply and sewage system; |
| 13. | Where infrastructure shall be built in an area outside an urban development zone, a plan to bear expenses incurred in building such infrastructure; |
| 14. | Where there are rights, other than ownership of land and buildings or fixtures thereon, to be expropriated or used, mining rights, fishing rights and rights to use water (hereinafter referred to as "land, etc"), a detailed list thereof; |
| 16. | Where a project needs to be promoted in a phased manner, such as phased development provided in Article 21-2, matters concerning plans, etc. to promote projects; |
| 17. | Other matters prescribed by Presidential Decree. |
| (2) | Where any designating authority intends to prepare a development plan for an area for which a metropolitan plan or Urban/Gun master plan under the National Land Planning and Utilization Act has been prepared, it shall ensure that the contents of the development plan are in line with the relevant metropolitan plan or Urban/Gun master plan. <Amended by Act No. 10599, Apr. 14, 2011> |
| (3) | Where any designating authority prepares a development plan after designating an urban development zone pursuant to the proviso to Article 4 (1), it shall prepare a plan for matters prescribed by Presidential Decree, such as the purposes of designation, method of implementation, and plans for admitting the population when it designates the urban development zone. |
| (4) | When any designating authority prepares a development plan for an urban development zone in excess of the scale prescribed by Presidential Decree, it shall endeavor to harmonize the functions of residence, production, education, distribution, amusement, etc. in the relevant zone with one another. |
| (5) | Standards and methods for preparing a development plan shall be determined by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 6 (Basic Surveys, etc.) |
| (1) | When an implementer of an urban development project or a person who intends to be such implementer intends to designate an urban development zone or intends to make a request or a proposal for designation of an urban development zone, he/she may survey or investigate land, buildings, structures, dwelling, livelihood conditions, demand for housing, and other necessary matters in the zone to be designated as an urban development zone, as prescribed by Presidential Decree. <Amended by Act No. 11068, Sep. 30, 2011> |
| (2) | Any person who intends to conduct a survey or investigation pursuant to paragraph (1) may request the head of a relevant administrative agency, a local government, a public institution under the Act on the Management of Public Institutions (hereinafter referred to as "public institution"), a government-funded institution, and the head of any other relevant institution to submit necessary data. In such cases, the head of an institution in receipt of a request to submit data shall comply therewith unless any extraordinary reasons exist otherwise. |
| Article 7 (Hearing of Opinions of Inhabitants, etc.) |
| (1) | Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Large Si intends to designate an urban development zone (excluding where he/she designates it at the request of the head of a Si/Gun/Gu, other than the head of a Large Si) under Article 3, or the head of a Si/Gun/Gu, other than the head of a Large Si intends to request the designation of an urban development zone, he/she shall hear the opinions of the inhabitants, relevant experts, etc., at a public inspection or public hearing, and if opinions presented at such inspection or hearing are deemed appropriate, he/she shall reflect them. The same shall also apply when he/she intends to modify an urban development zone (excluding minor matters prescribed by Presidential Decree). <Amended by Act No. 9044, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Subject matter of public inspections, or subject matter of holding of public hearings, under paragraph (1); matters necessary for the method of hearing the opinions of inhabitants; and other similar matters shall be prescribed by Presidential Decree. |
| Article 8 (Deliberation, etc. by Urban Planning Committee) |
| (1) | If any designating authority intends to designate an urban development zone or to prepare a development plan under the proviso to Article 4 (1), it shall, in consultation with the head of the relevant administrative agency, do so after deliberation by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act, a City/Do Urban Planning Committee, or a Large Si Urban Planning Committee established in a Large Si under Article 113 of the same Act. The same shall also apply to any modification thereto: Provided, That the same shall not apply where it modifies minor matters prescribed by Presidential Decree. <Amended by Act No. 9044, Mar. 28, 2008> |
| (2) | Where an urban development zone is designated in order to implement an urban development project pursuant to the district unit planning under Article 49 of the National Land Planning and Utilization Act, such designation may not be taken into deliberations by the Central Urban Planning Committee, the City/Do Urban Planning Committee, or the Large Si Urban Planning Committee established in a Large Si under paragraph (1). <Amended by Act No. 9044, Mar. 28, 2008> |
| (3) | Where any designating authority consults with the head of the relevant administrative agency under paragraph (1), and where an urban development zone to be designated falls under the cases prescribed by Presidential Decree, including cases in which such zone is not smaller than a certain scale or is related to any national plan of the State, it shall consult with the Minister of Land, Infrastructure and Transport. <Newly Inserted by Act No. 9862, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013> |
| Article 9 (Public Notice, etc. of Designation of Urban Development Zones) |
| (1) | Where any designating authority designates an urban development zone or prepares a development plan under the proviso to Article 4 (1), it shall publicly notify such designation or preparation in the Official Gazette or the official report, as prescribed by Presidential Decree; any (such) designating authority that is the head of a Large Si shall make the relevant documents available to the public; any designating authority that is not the head of a Large Si shall send a copy of the relevant documents to the head of a Si (excluding a Large Si)/Gun/Gu having jurisdiction over the relevant urban development zone; and the Special Self-Governing Province Governor who is a designating authority and the head of a Si (excluding a Large Si)/Gun/Gu in receipt of the relevant documents shall make such documents available to the public. The same shall also apply to any modification thereto. <Amended by Act No. 9044, Mar. 28, 2008> |
| (3) | Where the Mayor/Do Governor or the head of a Large Si has designated an urban development zone and publicly notified thereof, he/she shall notify the Minister of Land, Infrastructure and Transport of the details thereof. <Amended by Act No. 9044, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013> |
| (5) | Any person who intends to perform acts prescribed by Presidential Decree, such as constructing a building, installing a structure, changing the form and quality of land, collecting soil or stones, dividing land, piling up goods, and lumbering or planting bamboo trees, shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun in an area where a public announcement has been made to hear the opinions of residents, etc. for designating an urban development zone pursuant to Article 7 (1) or an urban development zone. The same shall also apply where he/she intends to modify matters permitted. |
| (6) | Any of the following acts may be performed without obtaining permission, notwithstanding paragraph (5): |
| 1. | An act for taking an emergency measure necessary for disaster restoration or disaster control; |
| 2. | Other acts prescribed by Presidential Decree. |
| (7) | Any person who has commenced construction works or a project in relation to an act for which permission has been granted or an act for which permission is not required under the related statutes (as) at the time of the designation and public notice of an urban development zone as act requiring permission under paragraph (5) may continue to perform such construction works or project after having reported thereon to the Special Metropolitan City Mayor, Metropolitan City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun, as prescribed by Presidential Decree. |
| (8) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun may order a person who violates paragraph (5) to restore the original state. In such cases, where the person in receipt of the order fails to comply therewith, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun may implement it on behalf of such person under the Administrative Vicarious Execution Act. |
| Article 10 (Cancellation of Designation of Urban Development Zones) |
| (1) | The designation of an urban development zone is deemed cancelled on the day following the date prescribed by any of the following subparagraphs: |
| 1. | Where an application for authorization of an implementation plan under Article 17 is not filed by the day when three years has elapsed from the date of the designation and announcement of an urban development zone, the day when three years have elapsed; |
| 2. | The day of the public announcement of the completion of works (in cases of a project by the replotting method, the disposition of such replotting) of an urban development project. |
| (2) | Where a development plan is made after the designation of an urban development zone under the proviso to Article 4 (1), notwithstanding paragraph (1), it shall be deemed that the designation of the urban development zone has been cancelled on the day following the date prescribed by any of the following subparagraphs: |
| 1. | Where a development plan is not made and announced by the day when two years have elapsed from the date of designation and announcement of an urban development zone, the day when such two years have elapsed: Provided, That it shall be five years where the area of an urban development zone is larger than the scale prescribed by Presidential Decree; |
| 2. | Where an application for authorization of an implementation plan under Article 17 is not filed by the day when three years have elapsed from the date of working out and announcement of a development plan, the day when such three years have elapsed: Provided, That it shall be five years where the area of an urban development zone is larger than the scale prescribed by Presidential Decree. |
| (3) | Where the designation of an urban development zone is deemed cancelled under paragraph (1) or (2), it shall be deemed that a specific use area and a district unit planning zone under the National Land Planning and Utilization Act for such urban development zone have been restored to a specific use area and a district unit planning zone respectively before the designation of the relevant urban development zone or have been abolished: Provided, That where the designation of an urban development zone is deemed cancelled under paragraph (1) 2, it shall not be deemed that they have been restored or abolished. |
| (4) | Where the designation of an urban development zone is deemed cancelled under paragraph (1), any designating authority shall publicly notify it in the Official Gazette or the official report as prescribed by Presidential Decree; any designating authority that is the head of a Large Si shall notify the head of the relevant administrative agency of such fact and make the relevant documents available to the public; and any designating authority that is not the head of a Large Si shall notify the head of the relevant administrative agency of such fact and the head of a Si (excluding a Large Si)/Gun/Gu having jurisdiction over the urban development zone. In such cases, the Special Self-Governing Province Governor who is the designating authority and the head of a Si (excluding a Large Si)/Gun/Gu who has been notified under the main sentence shall make such documents available to the public. <Amended by Act No. 9044, Mar. 28, 2008> |
CHAPTER III IMPLEMENTATION OF URBAN DEVELOPMENT PROJECTS
SECTION 1 Implementers, Implementation Plans, Etc.
| Article 11 (Implementers, etc.) |
| (1) | The implementer of an urban development project (hereinafter referred to as "implementer") shall be designated by the relevant designating authority from among the following persons: Provided, That where such project is implemented by the replotting method with respect to an urban development zone in whole, a landowner under subparagraph 5 or an association under subparagraph 6 shall be designated as an implementer: <Amended by Act No. 10272, Apr. 15, 2010; Act No. 11068, Sep. 30, 2011; Act No. 11186, Jan. 17, 2012; Act No. 13805, Jan. 19, 2016> |
| 1. | The State or a local government; |
| 2. | A public institution prescribed by Presidential Decree; |
| 3. | A government-funded institution prescribed by Presidential Decree; |
| 5. | A landowner in an urban development zone (a person who has obtained a license under Article 28 of the Public Waters Management and Reclamation Act shall be deemed an owner of the relevant public waters and such public waters shall be deemed land; in cases of the method of expropriation or use under Article 21, referring to a person who owns at least 2/3 of the area of land, excluding the State-owned land and public land in an urban development zone); |
| 6. | An association established for urban development (limited cases where an urban development project is fully implemented by the replotting method; hereinafter referred to as "association") by landowners in an urban development zone (a person who has obtained a license under Article 28 of the Public Waters Management and Reclamation Act shall be deemed an owner of the relevant public waters and such public waters shall be deemed land); |
| 7. | A corporation meeting requirements prescribed by Presidential Decree, such as the period of business, etc. in an overpopulation control area, among corporations to be relocated from the overpopulation control area designated under the Seoul Metropolitan Area Readjustment Planning Act to an area, other than the Seoul Metropolitan area; |
| 8. | A person (limited to cases where a housing complex defined in subparagraph 12 of Article 2 of the Housing Act is created and incidental infrastructures are built) meeting requirements prescribed by Presidential Decree as deemed capable of performing an urban development project among persons registered under Article 4 of the Housing Act; |
| 9. | A person meeting requirements prescribed by Presidential Decree as deemed capable of performing an urban development project in compliance with the development plan, such as obtaining a license, etc. for civil engineering works business or civil engineering and construction works business under the Framework Act on the Construction Industry; |
| 10. | A person meeting requirements prescribed by Presidential Decree as a self-management real estate investment company or a consigned-management real estate investment company established in accordance with the Real Estate Investment Company Act; |
| 11. | A corporation meeting requirements prescribed by Presidential Decree that is incorporated with investments made by persons referred to in subparagraphs 1 through 9, 9-2, or 10 (excluding associations referred to in subparagraph 6) for the purpose of performing an urban development project. |
| (2) | If any of the following grounds arises, any designating authority may designate a local government or a person prescribed by Presidential Decree (hereinafter referred to as "local government, etc") as an implementer, notwithstanding the proviso to paragraph (1). In such cases, where a person who implements an urban development project is a Mayor/Do Governor or the head of a Large Si, the Minister of Land, Infrastructure and Transport shall designate an implementer: <Amended by Act No. 9044, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Where a landowner or an association fails to apply for the designation of an implementer within the period prescribed by Presidential Decree or where the designating authority deems the details of application unlawful or unjustifiable; |
| 2. | Where it is deemed necessary to implement an urban development project in parallel with a project for public facilities which is implemented by the head of a local government; |
| 3. | Where the landowners of the land equivalent to at least 1/2 of the area of the land, excluding the State-owned land and public land, in an urban development zone, and at least 1/2 of the total number of landowners have consented to the implementation of an urban development project by a local government, etc. |
| (3) | When two or more landowners under paragraph (1) 5 intend to implement an urban development project or when a landowner under the same subparagraph intends to implement an urban development project jointly with a person referred to in subparagraphs 7 through 10 of the same paragraph, the relevant designating authority may have them stipulate rules for an urban development project, as prescribed by Presidential Decree. |
| (4) | When a local government, etc. intends to implement an urban development project fully by the replotting method under paragraph (2) and when a person referred to in paragraph (1) 1 through 4 or 11 (limited to cases where a person referred to in paragraph (1) 1 through 4 has invested in excess of the ratio prescribed by Presidential Decree) intends to implement part of an urban development project by the replotting method, it shall stipulate implementation regulations, as prescribed by Presidential Decree. In such cases, an implementer under paragraph (1) 2 through 4 may include matters concerning the fixing of expenses incurred in project management according to the standards prescribed by Presidential Decree in the implementation regulations. <Amended by Act No. 11068, Sep. 30, 2011> |
| (5) | A person referred to in paragraph (1) 2 through 4, a landowner in an urban development zone (referring to a person who owns at least 1/2 of the area of land with the authority prescribed by Presidential Decree to use at least 2/3 of the area of land, other than the State-owned land and public land in an urban development zone in cases of a proposal by the method of expropriation or use) or a person referred to in paragraph (1) 7 through 11 may propose the designation of an urban development zone to the Special Self-Governing Province Governor and the head of a Si/Gun/Gu, as prescribed by Presidential Decree: Provided, That a person referred to in Article 3 (3) may directly make a proposal to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Where a landowner or a person referred to in paragraph (1) 7 through 11 (excluding cases where a person referred to in paragraph (1) 1 through 4 has invested in excess of the ratio prescribed by Presidential Decree) intends to propose the designation of an urban development zone under paragraph (5), he/she shall obtain the consent of the landowners (including persons with superficies) of the land equivalent to at least 2/3 of the area of the land of the urban development zone. |
| (7) | The Special Self-Governing Province Governor and the head of a Si/Gun/Gu may have a proposer fully or partially subsidize expenses incurred in designating an urban development zone in consultation with the proposer. |
| (8) | Any designating authority may replace an implementer in any of the following cases: |
| 1. | Where an implementer fails to commence an urban development project within two years after it obtains authorization of an implementation plan for the urban development project; |
| 2. | Where the designation of an implementer or authorization of an implementation plan has been revoked due to any administrative disposition; |
| 3. | Where it is deemed impractical to achieve the purposes of an urban development project due to nonpayment or bankruptcy of an implementer, and other reasons similar thereto; |
| 4. | Where a person designated as an implementer pursuant to the proviso to paragraph (1) fails to file an application for authorization of an implementation plan for an urban development project within the period prescribed by Presidential Decree. |
| (9) | Where the designation of an urban development zone is proposed pursuant to paragraph (5), Articles 3 (5) and 6 shall apply mutatis mutandis to the matters necessary for the scale of the urban development zone, procedures for proposal, documents to be submitted, basic surveys, etc. |
| (10) | The method of calculating the number of consenters, procedures for consent under paragraphs (2) 3 and (6), and other necessary matters shall be prescribed by Presidential Decree. |
| (11) | Where necessary for the efficient implementation of an urban development project, a person falling under paragraph (1) 1 through 4 may have a person implementing a housing construction project under Article 4 of the Housing Act or other persons perform part of the urban development project, including designing and parceling-out, on behalf of him/her, as prescribed by Presidential Decree. <Newly Inserted by Act No. 13479, Aug. 11, 2015; Act No. 13805, Jan. 19, 2016> |
| Article 12 (Entrustment, etc. of Implementation of Urban Development Projects) |
| (1) | Any implementer may entrust the State, a local government, or a public institution, a government-funded institution, or a local public corporation prescribed by Presidential Decree with the affairs concerning the construction of ports, railroads, and other public facilities prescribed by Presidential Decree and reclamation of public waters for the implementation thereof, as prescribed by Presidential Decree. |
| (2) | Any implementer may entrust the competent local government, or a public institution, a government-funded institution, a government-invested institution, or a local public corporation prescribed by Presidential Decree with the basic survey, affairs of purchasing land and compensating for loss, a inhabitant migration countermeasure project, etc. for an urban development project, as prescribed by Presidential Decree: Provided, That where the implementer entrusts a government-invested institution with an inhabitant migration countermeasure project, he/she may entrust such institution only with the preparation and implementation of migration countermeasures or the payment of migration settlement money, and other incidental affairs related to compensation. |
| (3) | Where any implementer entrusts his/her affairs to other persons, who perform such affairs on his/her behalf, under paragraphs (1) and (2), he/she shall pay to them a commission at the rate prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to a person who performs such entrusted affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Any implementer under Article 11 (1) 5 thorough 9 may, with the approval of the designating authority, implement an urban development project through the conclusion of a trust business entity, as prescribed by Presidential Decree with a trust business under the Financial Investment Services and Capital Markets Act. |
| Article 13 (Authorization for Establishment of Association) |
| (1) | When it is intended to establish an association, at least seven landowners in an urban development zone shall draft its articles of association, including the matters prescribed by Presidential Decree and obtain authorization for such establishment from a designating authority. |
| (2) | If any association intends to change any of the matters authorized under paragraph (1), it shall obtain authorization for such change from a designating authority: Provided, That if it intends to change any of the minor matters prescribed by Presidential Decree, it shall file a report thereof. |
| (3) | If it is intended to apply for authorization for establishment of an association under paragraph (1), consent shall be obtained from owners of land equivalent to at least 2/3 of the area of the land in the relevant urban development zone and more than a half of the total number of landowners of such zone. |
| (4) | The method of calculating the number of consenters and procedures for consent under paragraph (3) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 14 (Members, etc.) |
| (1) | The members of an association shall be landowners in an urban development zone. |
| (2) | Any officer of an association shall not hold concurrent office of another officer or an employee of such association. |
| (3) | None of the following persons shall become an officer of an association: |
| 1. | Any person under adult guardianship or limited guardianship or any minor; |
| 2. | Any person who was declared bankrupt, and has not been reinstated yet; |
| 3. | Any person in whose cases two years have not passed since his/her imprisonment without labor or greater punishment was completely implemented or exemption from the execution of such sentence was made definite or who is under the suspension of the execution of his/her punishment as declared by a court. |
| (4) | Where a person appointed as an executive officer of an association falls under any of the subparagraphs of paragraph (3), he/she shall be disqualified as an executive officer from the following day. |
| Article 15 (Legal Personality, etc. of Association) |
| (1) | Any association shall be a juristic person. |
| (2) | Any association shall be formed by making registration in the seat of its principal office. |
| (3) | Matters necessary for the establishment of an association, rights and duties of its members, duties of an officer of an association, matters of resolution of the general meeting, composition of a board of representatives, dissolution or merger of an association, and other similar matters shall be prescribed by Presidential Decree. |
| (4) | Except as otherwise provided in this Act, the provisions for an incorporated association of the Civil Act shall apply mutatis mutandis to an association. |
| Article 16 (Bearing, etc. of Expenses by Members) |
| (1) | Any association may impose and collect expenses from its members to meet the expenses necessary for its operation, as prescribed by the articles of association. |
| (2) | Any amount of dues under paragraph (1) shall be determined, collectively taking into account the location, classification, area, utilization status, environment, and other matters of the land in an urban development zone. |
| (3) | Any association may, when any of its members neglects to pay the dues under paragraph (1), levy on him/her arrearages, as prescribed by the articles of association. |
| (4) | Any association may, when any of its members fails to pay the dues under paragraph (1) or the arrearages under paragraph (3), entrust the collection of such dues or arrearages to the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (5) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu is entrusted with the collection of dues or arrearages under paragraph (4), he/she may collect such dues or arrearages in the same manner as the delinquent national or local taxes are collected. In such cases, an association shall pay the relevant Special Self-Governing Province, Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply) an amount equivalent to 4/100 of the amount collected by the Special Self-Governing Province Governor or the head of a Si/Gun/Gu. |
| Article 17 (Preparation of and Authorization, etc. for Implementation Plans) |
| (1) | Each implementer shall prepare an implementation plan for an urban development project (hereinafter referred to as "implementation plan"), as prescribed by Presidential Decree. In such cases, the implementation plan shall include district unit planning. |
| (2) | Each implementer (excluding where the designating authority is an implementer) shall obtain authorization of the designating authority for an implementation plan prepared under paragraph (1). |
| (3) | Where any designating authority prepares or authorizes an implementation plan, the authority shall, in advance, hear the opinions of a Mayor/Do Governor or the head of a Large Si if the Minister of Land, Infrastructure and Transport is such authority, and those of the head of a Si (excluding a Large Si)/Gun/Gu if the Mayor/Do Governor is such authority. <Amended by Act No. 9044, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | Paragraphs (2) and (3) shall apply mutatis mutandis where an authorized implementation plan is changed or abolished: Provided, That the same shall not apply where minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport are modified. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | An implementation plan shall specify, or be accompanied by, a design book, a financing plan and a implementation period necessary to implement a project, and other matters and documents prescribed by Presidential Decree. |
| Article 18 (Public Notice of Implementation Plans) |
| (1) | Where any designating authority prepares or authorizes an implementation plan, it shall publicly notify such preparation or authorization in the Official Gazette or official report and send copies of the relevant documents to an implementer, as prescribed by Presidential Decree; any designating authority that is the head of a Large Si shall make the relevant documents available to the public; and any designating authority that is not the head of a Large Si shall send such copies to the head of a Si (excluding a Large Si)/Gun/Gu having jurisdiction over the relevant urban development zone. In such cases, the Special Self-Governing Province Governor who is a designating authority and the head of a Si (excluding a Large Si)/Gun/Gu who receives the relevant documents under the main sentence shall make them available to the public. <Amended by Act No. 9044, Mar. 28, 2008> |
| (2) | Where an implementation plan is publicly notified pursuant to paragraph (1), it shall be deemed that an Urban/Gun management plan under the National Land Planning and Utilization Act is determined and publicly notified in the case of matters that are publicly notified and be determined by an Urban/Gun management plan (including a district-unit plan; hereinafter the same shall apply) pursuant to the same Act. In such cases, those which have been already determined by an Urban/Gun management plan and which conflict with the contents of an implementation plan which were publicly notified shall be deemed to have been modified to such. <Amended by Act No. 10599, Apr. 14, 2011> |
| (3) | Article 9 (4) shall apply mutatis mutandis to public notice of a topographical map detailing matters relating to an Urban/Gun management plan under Article 32 of the National Land Planning and Utilization Act, in the case of matters which are determined and publicly notified by the Urban/Gun management plan under paragraph (2). <Amended by Act No. 10599, Apr. 14, 2011> |
| Article 19 (Relevant Authorization, Permission, etc. Deemed Granted) |
| (1) | In preparing or authorizing an implementation plan under Article 17, when any designating authority has consulted with the heads of the relevant administrative agencies on the following permission, approval, examination, authorization, reporting, licensing, registration, consultation, designation, cancellation, disposition, etc. (hereinafter referred to as "authorization, permission, etc") related to the relevant implementation plan under paragraph (3), the relevant authorization, permission, etc. shall be deemed to have been granted; where such authority has publicly notified the implementation plan under Article 18 (1), the public notice or public announcement of authorization, permission, etc. shall be deemed to have been made pursuant to the relevant Acts: <Amended by Act No. 9401, Jan. 30, 2009; Act No. 9758 & 9774, Jun. 9, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 11068, Sep. 30, 2011; Act No. 12248, Jan. 14, 2014; Act No. 12738, Jun. 3, 2014; Act No. 13805, Jan. 19, 2016; Act No. 14480, Dec. 27, 2016> |
| 4. | Deleted; <by Act No. 10272, Apr. 15, 2010> |
| (2) | A person who intends to obtain deemed authorization, permission, etc. pursuant to paragraph (1) shall apply for authorization for an implementation plan along with the relevant documents required under the relevant Acts. |
| (3) | When any designating authority prepares or authorizes an implementation plan, it (such authority) shall, in advance, consult with the head of the relevant administrative agency if any matter referred to in the subparagraphs of paragraph (1) is included in the implementation plan. In such cases, the head of the relevant administrative agency shall present his/her opinion within the period prescribed by Presidential Decree from the date of receipt of such request for consultation, and if he/she fails to present his/her opinion within such period, such matter shall be deemed to have been consulted. <Amended by Act No. 11186, Jan. 17, 2012> |
| (4) | Where any designating authority deems it necessary for coordinating different opinions of the relevant administrative agencies in the course of consultation under paragraph (3) or for holding such consultation expeditiously, it may organize and operate a council with the relevant administrative agencies, as prescribed by Presidential Decree. In such cases, the heads of the relevant administrative agencies shall permit affiliated public officials to attend the meetings of the council. <Newly Inserted by Act No. 11186, Jan. 17, 2012> |
| (5) | Where a person who proposes the designation of an urban development zone intends to obtain deemed permission for farmland conversion under paragraph (1) 8 concurrently with the designation of an urban development zone, notwithstanding paragraph (1), he/she shall also submit the relevant documents prescribed by the Farmland Act when he/she proposes the designation of an urban development zone to the head of the competent Si/Gun/Gu or the Minister of Land, Infrastructure and Transport under Article 11 (5). <Amended by Act No. 11186, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013> |
| (6) | In designating an urban development zone, where any designating authority has consulted with the head of the relevant administrative agency about permission for farmland conversion under paragraph (1) 8, a proposer under paragraph (4) shall be deemed to have obtained the relevant permission when it is designated as an implementer under Article 11 (1). <Amended by Act No. 11186, Jan. 17, 2012> |
| (7) | Where an implementer obtains authorization for an implementation plan to construct and supply circulative housing under Article 21-2 and rental housing under Article 21-3, and to implement multi-level replotting under Article 32, he/she shall be deemed to have registered a housing construction project pursuant to Article 4 of the Housing Act. <Newly Inserted by Act No. 11068, Sep. 30, 2011; Act No. 11186, Jan. 17, 2012; Act No. 13805, Jan. 19, 2016> |
| Article 20 (Supervision of Construction Works in Connection with Urban Development Projects) |
| (1) | Where any designating authority has authorized an implementation plan under Article 17, it shall designate a construction technology service business entity under the Construction Technology Promotion Act as a person to perform the supervision of construction works in connection with an urban development project, and shall give guidance and exercise supervision: Provided, That the same shall not apply where an implementer is a person defined in subparagraph 6 of Article 2 of the Construction Technology Promotion Act. <Amended by Act No. 11794, May 22, 2013> |
| (2) | Any person who has been designated as a person to perform the supervision under paragraph (1) (hereinafter referred to as "supervisor") shall post a person under its control as a supervising employee, as prescribed by Presidential Decree and shall perform the following affairs: <Amended by Act No. 11794, May 22, 2013; Act No. 11923, Jul. 16, 2013> |
| 1. | Ascertainment as to whether a construction contractor performs works in accordance with the details of design drawings and specifications; |
| 2. | Ascertainment as to whether the materials used by a construction contractor are those meeting the standards of the related statutes; |
| 4. | Ascertainment as to whether the drawings and specifications are suitable for the relevant topography, etc; |
| 5. | Ascertainment as to whether the changes to the design are appropriate; |
| 6. | Examination and verification of the construction plan, time schedule of work, drawings, etc.; |
| 7. | Verification of the appropriate quality control, disaster prevention, safety management of construction, and other matters necessary to improve the quality of construction. |
| (3) | If the supervisor finds a violation while performing such affairs, he/she shall advise, without delay, the construction contractor and the implementer to rectify the violation and report the details thereof to the designating authority within seven days. |
| (4) | Where the construction contractor and the implementer have received the relevant notification of rectification under paragraph (3), they shall suspend the relevant construction works and rectify the violation, unless any extraordinary reasons exist otherwise, and receive the supervisor's verification. In such cases, if they have any objection to the notification of rectification by the supervisor, they may immediately suspend the construction works and raise a written objection to the designating authority. |
| (5) | The implementer shall pay the supervisor the construction supervision fees according to the procedure, etc. prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Where the construction works on an urban development project have become unsatisfactory because the supervisor designated under paragraph (1) or the supervising employee posted under paragraph (2) (including a supervisor under other Acts and a supervising employee under its control) has incurred the losses to the relevant implementer or the persons who were provided with land, buildings or structures, etc. (hereinafter referred to as "Developed Land, etc") developed by an urban development project by its unsatisfactory performance of supervision or supervision in violation of the related statutes intentionally or by gross negligence while performing its affairs, the designating authority may request the head of an administrative agency who conducted the registration of the relevant supervisor or issued a license of its supervising employee and gave any approval of qualification, etc. to cancel the registration, revoke the license, suspend qualifications, suspend the business and take other necessary measures. |
| (7) | The details and scope of responsibility between the implementer and the supervisor shall be determined by the contract between the parties except for those prescribed by this Act. |
| (8) | Matters necessary for the supervision concerning an urban development project subject to supervision, including structures requiring construction works, method of supervision, procedures for supervision, contract of supervision, settlement of an objection raised under paragraph (4), shall be prescribed by Presidential Decree. <Amended by Act No. 11794, May 22, 2013> |
| (10) | Notwithstanding paragraphs (1) through (9), buildings subject to construction supervision under Article 25 of the Building Act and the supervision of construction works on an urban development project falling under the objects of the supervision under Article 43 of the Housing Act shall be in accordance with the relevant statutes, respectively. <Amended by Act No. 13805, Jan. 19, 2016> |
| Article 21 (Methods of Implementation of Urban Development Project) |
| (1) | Any implementer may implement an urban development project by method of expropriation or use of land, etc. in an urban development zone or by the replotting method or by the combined method thereof. |
| (2) | If any of the following applies after the designation of an urban development zone, the designating authority may change the method of implementation: |
| 1. | Where an implementer under Article 11 (1) 1 through 4 changes the method of implementation of an urban development project under paragraph (1) from the method of expropriation or use to the whole replotting method pursuant to the standard prescribed by Presidential Decree; |
| 2. | Where an implementer under Article 11 (1) 1 through 4 changes the method of implementation of an urban development project under paragraph (1) from the combined method to the whole replotting method pursuant to the standard as prescribed by Presidential Decree; |
| 3. | Where an implementer under Article 11 (1) 1 through 5 and 7 through 11 changes the method of implementation of an urban development project under paragraph (1) from the method of expropriation or use to the combined method pursuant to the standard as prescribed by Presidential Decree. |
| (3) | The method of expropriation or use or the replotting method or the necessary conditions of an urban development zone which can combine both of them under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 21-2 (Development Projects by Phased Development Method) |
| (1) | In order to smoothly implement an urban development project, any implementer may develop an urban development zone in a phased manner in which the tenants or owners (limited to those who have been actually residing in houses in the urban development zone since before the date public inspection or announcement of a public hearing was made to hear the opinions of the residents, etc. pursuant to Article 7; hereinafter referred to as "tenants, etc.") of houses to be removed due to the implementation of the urban development project reside temporarily in houses to be newly construed or already constructed inside or outside the urban development zone. |
| (2) | Where an implementer implements an urban development project in the manner provided in paragraph (1), housing for temporary residence (hereinafter referred to as "circulative housing") may be used or leased as temporary residential facilities, notwithstanding Article 54 of the Housing Act. <Amended by Act No. 13805, Jan. 19, 2016> |
| (3) | If any person who resides in circulative housing wishes to continuously reside in the circulative housing even after an urban development project is completed, such circulative housing may be sold or leased continuously to him/her, as prescribed by Presidential Decree. In such cases, if any person who continuously resides in such housing is subject to replotting or relocation measures, he/she shall be excluded from persons subject to replotting or relocation measures shall be deemed to have been developed. |
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
| Article 21-3 (Supply, etc. of Construction Sites to Build Rental Housing for Tenants) |
| (1) | To ensure residential stability, etc. of tenants in response to an urban development project, the relevant implementer shall create and supply construction sites to build rental housing, or build and supply rental housing, as prescribed by Presidential Decree, in consideration of the findings from surveys of dwelling, livelihood conditions, and surveys of demand for housing conducted pursuant to Article 6. |
| (2) | Where an implementer makes a request, those eligible to build, supply or lease housing among the entities referred to in Article 11 (1) 1 through 4 shall take charge of construction sites for rental housing, or rental housing to be supplied following the implementation of an urban development project. |
| (3) | Procedures for, and methods of taking charge of construction sites for rental housing, or rental housing pursuant to paragraph (2), standards for determining the price thereof and other matters shall be prescribed by Presidential Decree. |
| (4) | Where any implementer (referring to an entity being supplied with a construction site for rental housing in cases of paragraph (1), and referring to an entity who has taken charge of a construction site for rental housing in cases of paragraph (2); hereafter the same shall apply in this paragraph) builds and supplies rental housing in an urban development zone, standards for qualifications for tenants, methods of selecting tenants, a rental deposit, a rent, etc. may be separately determined within the extent prescribed by Presidential Decree, notwithstanding Articles 42 and 44 of the Special Act on Private Rental Housing and Articles 48, 49, and 50-3 of the Special Act on Public Housing. In such cases, an implementer who is not an administrative agency shall, in advance, obtain approval from the head of the competent Si/Gun/Gu. <Amended by Act No. 13499, Aug. 28, 2015> |
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
| Article 21-4 (Composition, etc. of Urban Development Project Dispute Mediation Committees) |
| (1) | In order to mediate disputes arising from urban development projects, a dispute mediation committee for urban development projects (hereinafter referred to as "dispute mediation committee") may be established in the Special Self-Governing Province, or a Si/Gun/Gu where an urban development zone is designated: Provided, That where an urban disputes mediation committee under Article 116 of the Act on the Improvement of Urban Areas and Residential Environments has been already established in the relevant local government, it may function as a dispute mediation committee, as prescribed by Presidential Decree. <Amended by Act No. 14567, Feb. 8, 2017> |
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
SECTION 2 Implementation of Projects by Methods of Expropriation or Use
| Article 22 (Expropriation or Use of land, etc.) |
| (1) | Any implementer may expropriate or use land, etc. necessary for an urban development project: Provided, That an implementer referred to in Article 11 (1) 5 and 7 through 11 (excluding where a person referred to in subparagraphs 1 through 4 of the same paragraph has invested in excess of 50 percent) shall obtain the consent of the persons who own the land equivalent to at least 2/3 of the area of the land subject to any urban development project and who constitute at least a half of the total number of landowners. In such cases, the base date of calculation of necessary conditions of consent of the landowners shall be the announcement date of designation of an urban development zone, the land acquired by an implementer after such base date shall be included in the total number of landowners of the necessary conditions of the consent and shall be calculated as number of consenters. |
| (4) | The method of calculation of the number of consenters under paragraph (1), procedure for consent and other necessary matters shall be prescribed by Presidential Decree. |
| Article 23 (Issuance of Land Redemption Bond) |
| (1) | Any implementer may, if the landowners wishes, issue bonds which are redeemed with land and buildings developed by the implementation of the project (hereinafter referred to as "land redemption bond") to pay part of the purchase price of land, etc., as prescribed by Presidential Decree: Provided, That a person referred to in Article 11 (1) 5 through 11 may issue such bonds only when it has received the payment guarantee from the financial institution, etc. prescribed by Presidential Decree. |
| (2) | Any implementer (excluding where the designating authority is an implementer) shall, if it intends to issue the land redemption bond under paragraph (1), formulate a plan for issuance of the land redemption bond and obtain approval of the designating authority in advance as prescribed by Presidential Decree. |
| (3) | Methods, procedures, and conditions for issuing of land redemption bonds, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 24 (Countermeasures for Migration, etc.) |
| Article 25 (Advance Payments) |
| (1) | Any implementer may, in advance, fully or partially receive, as prescribed by Presidential Decree, the relevant price from persons who intend to be supplied with or use developed land, etc., or land (hereinafter referred as "land retaining original features") in an undeveloped condition after an urban development project is implemented. <Amended by Act No. 11068, Sep. 30, 2011> |
| (2) | If any implementer (excluding cases where the designating authority is an implementer) intends to fully or partially receive the relevant price in advance pursuant to paragraph (1), he/she shall obtain approval from the relevant designating authority. |
| Article 25-2 (Supply and Development of Land Retaining Original Features) |
| (1) | Where it is necessary to develop a city in a nature-friendly, or in a complex or multi-level manner, any implementer may supply land retaining original features to any of the following persons to develop such land according to the procedures prescribed by Presidential Decree after obtaining prior approval from the designating authority. In such cases, the area of land retaining original features to be supplied shall be limited to 1/3 or less of the total area of an urban development zone: <Amended by Act No. 13479, Aug. 11, 2015> |
| 1. | The State or local governments; |
| 4. | Persons selected at a competition held by the implementer under Article 11 (1) 1 or 2 for complex development, etc.; |
| 5. | Persons who directly use land retaining original features as a site for schools, factories, etc. |
| (2) | An implementer shall apply for approval with the competent designating authority to supply land retaining original features pursuant to paragraph (1) along with a supply plan of the land retaining original features. The same shall apply to any modification to such supply plan. |
| (3) | A supply plan of land retaining original features under paragraph (2) shall include matters concerning a person to develop land retaining original features after being supplied therewith (hereinafter referred to as "developer of land retaining original features"), details of supplying land retaining original features, etc. |
| (4) | Any implementer shall enter into a supply contract with a developer of land retaining original features in compliance with the direction-setting for development under Article 5 (1) 7-2, the details approved pursuant to paragraph (1) and the supply plan under paragraph (2), require the developer of land retaining original features to submit a detailed plan, and reflect such plan in the implementation plan under Article 17. |
| (5) | When any designating authority grants approval pursuant to paragraph (1), it may impose implementation conditions concerning the development density, such as floor area ratio, the area and arrangement by land use, a traffic control plan, building of infrastructure, etc. |
| (6) | No developer of land retaining original features (excluding the State and local governments) shall sell land retaining original features within the period prescribed by Presidential Decree up to ten years: Provided, That this shall not apply where prior approval is obtained from a designating authority for cases prescribed by Presidential Decree, such as houses for relocation, public facilities and cultural facilities. |
| (7) | In any of the following cases, a designating authority may revoke approval for supplying land retaining original features, or require the relevant implementer to take necessary measures, such as urging for the implementation thereof, requesting for restoration, claiming for damages or rescinding a contract for the supply of land retaining original features: |
| 1. | Where the implementer fails to use land according to the supply plan of land retaining original features submitted pursuant to paragraph (2); |
| 2. | Where the developer of land retaining original features fails to implement a project in line with the detailed plan submitted pursuant to paragraph (4); |
| 3. | Where an implementer or developer of land retaining original features fails to implement any implementation condition imposed pursuant to paragraph (5). |
| (8) | In any of the following cases, an implementer may rescind a contract for the supply of land retaining original features, as prescribed by Presidential Decree: |
| 1. | Where the developer of land retaining original features fails to commence construction works within the deadline for commencement stipulated by a detailed plan; |
| 2. | Where the developer of land retaining original features fails to finish the relevant project within the project period stipulated by a detailed plan after commencing the construction works; |
| 3. | Where the developer of land retaining original features sells all or part of the land supplied, to a third party without the consent of the implementer; |
| 4. | Where the developer of land retaining original features violates the details of the supply contract under paragraph (4), such as failure to use the land supplied for the purpose stipulated by a detailed plan. |
| (9) | Matters necessary for standards for selecting developers of land retaining original features, procedures, standards, and price for supplying land retaining original features, scope of duties of implementers and developers of land retaining original features, method of entering into contracts and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
| Article 26 (Supply Plans of Developed Land, etc.) |
| (1) | When any implementer (excluding where a designating authority is an implementer) intends to supply developed land, etc., he/she shall prepare or amend a supply plan of such land, etc. to submit it to a designating authority. In such cases, an implementer who is not an administrative agency shall submit it through the head of a Si (excluding a Large Si)/Gun/Gu. <Amended by Act No. 9044, Mar. 28, 2008> |
| (2) | Details of a supply plan, procedures and standard for supply, appraisal price of the developed land, etc. and other necessary matters shall be prescribed by Presidential Decree. |
| Article 27 (Supply Prices of Sites, etc. for Schools) |
| (1) | Where an implementer supplies developed land, etc. for establishing schools, waste treatment facilities and other facilities prescribed by Presidential Decree and land for creating a complex for relocation, he/she may determine the price of the relevant land below the price appraised by an appraisal business entity under the Act on Appraisal and Certified Appraisers. <Amended by Act No. 11068, Sep. 30, 2011; Act No. 13782, Jan. 19, 2016> |
| (2) | Any implementer referred to in Article 11 (1) 1 through 4 may supply land, other than the land prescribed in paragraph (1), at a price below the appraised price, as prescribed by Presidential Decree, where it is necessary for revitalizing urban development projects, such as the invitation of regional characterization projects. <Newly Inserted by Act No. 11068, Sep. 30, 2011> |
SECTION 3 Implementation of Projects by Replotting Method
| Article 28 (Preparation of Replotting Plans) |
| (1) | If any implementer intends to implement all or part of an urban development project by the replotting method, he/she shall prepare a replotting plan containing the following matters: <Amended by Act No. 11068, Sep. 30, 2011; Act No. 11690, Mar. 23, 2013> |
| 1. | Design for replotting; |
| 2. | Details of replotting by lot; |
| 3. | Details of land to be settled, by lot and by right; |
| 4. | Details of land allotted by the authorities in recompense for development outlay or reserved land under Article 34; |
| 5. | Where multi-level replotting under Article 32 is planned, the details of buildings for multi-level replotting, and matters concerning the methods and scale of supply under Article 32-3; |
| 6. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Any replotting plan shall be rationally prepared in comprehensive consideration of the location, classification, area, soil, utilization of water, utilization status, the environment of the previous land and the land replotted and other matters. |
| (3) | Where any implementer appraises the prices of the developed land, etc. in an urban development zone to which replotting method is applied, he/she shall determine such prices through deliberation thereon by the Land Appraisal Council after requiring a certified appraisal institution prescribed by Presidential Decree to appraise such prices. |
| (4) | The composition and management of the Land Appraisal Council under paragraph (3) and other necessary matters shall be determined by the rules, the articles of association, and the relevant implementation rules. |
| (5) | Matters necessary for standards for a replotting plan, standards for appropriation for reserved land (land allotted by the authorities in recompense for development outlay and a site for public facilities) to prepare a replotting plan under paragraph (1) may be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 29 (Authorization, etc. for Replotting Plans) |
| (1) | Where any implementer, other than an administrative agency, has prepared a replotting plan under Article 28, he/she shall obtain authorization from the Special Self-Governing Province Governor and the head of a Si/Gun/Gu. |
| (2) | Paragraph (1) shall apply mutatis mutandis to any modification to the details authorized: Provided, That the same shall not apply where insignificant matters prescribed by Presidential Decree are modified. |
| (3) | Where any implementer, other than an administrative agency, intends to apply for authorization of a replotting plan under paragraph (1), or an implementer who is an administrative agency intends to determine a replotting plan, he/she shall notify landowners and persons (hereinafter referred to as "leaseholder, etc.") who have leaseholds, superficies and other rights to use or profit from the relevant land (hereinafter referred to as "leasehold, etc") of the standards for replotting plan, details, etc. thereof and make a copy of the relevant documents available to the public, as prescribed by Presidential Decree: Provided, That the same shall not apply where insignificant matters prescribed by Presidential Decree are modified. <Amended by Act No. 11068, Sep. 30, 2011> |
| (4) | Any landowner or leaseholder, etc. may submit his/her opinion in writing to an implementer during the period for public inspection referred to in paragraph (3), and the implementer shall, if such opinion is deemed appropriate, reflect it in a replotting plan. |
| (5) | Any implementer, other than an administrative agency, shall apply for authorization of a replotting plan under paragraph (1), accompanied by the written opinion submitted pursuant to paragraph (4). |
| (6) | With respect to the opinion submitted pursuant to paragraph (4), any implementer shall notify the person who has submitted such opinion of the results of examination as to whether such opinion is reflected in a replotting plan within 60 days of the expiration of the period for public inspection. |
| Article 30 (Exclusion from Replotting by Consent, etc.) |
| (1) | If a landowner files an application or consents, land to be replotted need not be determined with respect to all or part of the relevant land: Provided, That where a leaseholder, etc. exists in the relevant land, such consent shall be obtained. <Amended by Act No. 11068, Sep. 30, 2011> |
| (2) | Notwithstanding paragraph (1), any implementer may exclude any of the following land from land not requiring replotting according to the methods and procedures stipulated by rules, articles of association or implementation regulations: <Newly Inserted by Act No. 11068, Sep. 30, 2011> |
| 1. | Land to be used before reserved land for replotting is designated pursuant to Article 36-2; |
| 2. | Land with respect to which replotting land is determined according to authorization for a replotting plan under Article 29; |
| 3. | Land, the replotting of which is planned pursuant to Article 28 at the same place as before for the same use as before; |
| 4. | Where the sum total of the area or appraised value of land, the owner of which has filed an application for exclusion from replotting, is at least 15 percent of the area or appraised value (referring to the previously appraised value of land determined by the Land Appraisal Council under Article 28 (3); hereinafter the same shall apply) of the whole land (excluding State-owned land or public land) of a zone, it is deemed impractical to implement a project implementation on such land, if replotting is not determined otherwise; |
| 5. | Land, the acquisition contract of which is entered into after the date a public inspection or public announcement was made pursuant to Article 7: Provided, That this shall not apply where three years pass from the date of acquisition. |
| Article 31 (Replotting in Consideration of Area of Land) |
| (1) | Any implementer may determine replotting by expanding the area of land, the area of which is small to prevent such land from being excessively small land or exclude such land from land subject to replotting, and may determine replotting by decreasing the area of land, the area of which is large if there is a special need to adjust the scale of the area of land. |
| (2) | The area which is the standard for the excessively small land under paragraph (1) shall be determined by an implementer according to the rules, the articles of association, or the implementation rules, within the extent prescribed by Presidential Decree. |
| Article 32 (Multi-Level Replotting) |
| (1) | Any implementer may grant part of a building and a co-owned share in the land on which such building stands at the request of the owner of the land or building if it is particularly necessary for smoothly implementing an urban development project: Provided, That the implementer may exclude him/her from those eligible to make such request by rules, articles of association or implementation rules when land or building falls short of the standard prescribed by Presidential Decree. <Amended by Act No. 11068, Sep. 30, 2011> |
| (2) | Deleted. <by Act No. 11068, Sep. 30, 2011> |
| (3) | In cases of multi-level replotting under paragraph (1), an implementer shall notify landowners (including owners of buildings; hereafter the same shall apply where a project is implemented by the multi-level replotting method in paragraph (4), Articles 32-3 and 35 through 45) of the matters prescribed by Presidential Decree, such as the contents of an implementation plan, standards for a replotting plan, details of the lots of land or buildings to be replotted, and the period during which requests for replotting are to be made before he/she prepares a replotting plan under Article 28, and announce such matters in the daily newspapers circulated in the relevant area. <Newly Inserted by Act No. 11068, Sep. 30, 2011> |
| (4) | The period during which requests for multi-level replotting are to be made pursuant to paragraph (1) shall be from 30 days up to 60 days from the date of notification made pursuant to paragraph (3): Provided, That such period may be extended up to 20 days when an implementer deems no hindrance exists in preparing a replotting plan under Article 28 (1). <Newly Inserted by Act No. 11068, Sep. 30, 2011> |
| (5) | Any landowner who intends to obtain multi-level replotting shall request for replotting to the relevant implementer according to the methods and procedures prescribed by Presidential Decree within the period during which requests for replotting are to be made pursuant to paragraph (3). <Newly Inserted by Act No. 11068, Sep. 30, 2011> |
| (6) | Matters necessary for preparing multi-level replotting plans may be determined by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11068, Sep. 30, 2011; Act No. 11690, Mar. 23, 2013> |
| Article 32-2 (Restrictions on Designation, etc. of Replotting) |
| (1) | Where any of the following applies from the day following the date when an implementer has announced the public inspection or a public hearing to hear the opinions of residents, etc. pursuant to Article 7, or the date (hereafter referred to as "base date" in this Article) determined separately by a designating authority at the request of an implementer-to-be (referring to a requester provided in Article 3 (3) 2 and (4) or a proposer provided in Article 11 (5)) to control speculation, the implementer may settle the relevant land or buildings (buildings shall be compensated pursuant to Article 65) with money or may restrict the designation of replotting, as prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where a lot of land is divided into several lots; |
| 2. | Where a detached house or multi-family house is converted into a multi-household house; |
| 3. | Where land and a building, such as a house owned by a person existing within the boundary of a site, are owned after dividing them into land and a building, such as a house; |
| 4. | Where the number of building owners or landowners increases as a new building is constructed on an empty site or multi-household house or building entitled to divided ownership pursuant to the Act on Ownership and Management of Condominium Buildings is constructed after removing existing buildings. |
| (2) | Where any designating authority separately determines a base date pursuant to paragraph (1), it shall publicly announce the base date, grounds for determination thereof and other matters in the Official Gazette or official report. |
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
| Article 32-3 (Supply of Housing, etc. according to Multi-Level Replotting) |
| (1) | Any implementer shall supply buildings, such as housing, etc. newly constructed through multi-level replotting to requesters for replotting in line with the replotting plan authorized pursuant to Article 29. In such cases, the standards for supply of housing under Article 54 of the Housing Act shall not apply to the supply of housing. <Amended by Act No. 13805, Jan. 19, 2016> |
| (2) | Where housing is supplied through multi-level replotting, the contents of the replotting plan under paragraph (1) shall comply with the following standards. In such cases, detailed standards for calculating the number of houses shall be prescribed by Presidential Decree: |
| 1. | To supply one house where a household or person owns one or more houses or land; |
| 2. | To supply only one house where two or more persons not belonging to a same household co-own a house or land. |
| (3) | Notwithstanding paragraph (2), any implementer may supply any of the following landowners as many houses as he/she owns: |
| 2. | A landowner who owns a house for the purpose of a lodging or dormitory for workers (including public official workers); |
| 3. | An implementer referred to in Article 11 (1) 1 through 4. |
| (4) | Where houses are supplied through multi-level replotting, a house may be supplied to a landowner who does not own only in any of the following cases as at the base date provided in Article 32-2: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where the area of land equals or exceeds the size prescribed by the Minister of Land, Infrastructure and Transport; |
| 2. | Where the total value of rights to previous land (where a building other than a house exists, including the total value of rights to such building) equals or exceeds the estimated supply price of an apartment house of the smallest size among apartment houses supplied through multi-level replotting. |
| (5) | Any implementer may determine any building remaining after supplying buildings constructed on a site entitled to multi-level replotting to persons eligible to be supplied therewith as prescribed in paragraphs (1) and (2) as land (including buildings) allotted by the authorities in recompense for development outlay for the objectives stipulated by rules, articles of incorporation or implementation rules or sell it to persons other than landowners. |
| (6) | Where buildings, such as houses, are supplied pursuant to paragraph (1), matters necessary for the methods of, and procedures for supply and making a public announcement of sale and procedures for filing an application therefor and other matters pursuant to paragraph (5) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
| Article 33 (Measures for Sites, etc. for Public Facilities) |
| (2) | Where an implementer establishes public facilities to replace the public facilities owned by the State or a local government due to implementation of an urban development project, he/she shall not determine replotting, notwithstanding Article 66 (1) and (2), with respect to land which becomes useless because the objective of all or part of the previous public facilities is abolished or changed, and make such land the land subject to replotting for other land. |
| Article 34 (Land Allotted by Authorities in Recompense for Development Outlay, etc.) |
| (1) | Any implementer may determine certain land not as a replotting lot but as reserved land for covering expenses necessary for an urban development project or for the purposes prescribed by the rules, the articles of association, the implementation regulations, or an implementation plan, and may cover expenses for an urban development project by determining part of it as land allotted by the authorities in recompense for development outlay. |
| (2) | The Special Self-Governing Province Governor and the head of a Si/Gun/Gu may, if he/she deems it necessary to facilitate the construction of an apartment house under the Housing Act, determine part of the land allotted by the authorities in recompense for development outlay under paragraph (1) in the same district collectively. |
| Article 35 (Designation of Reserved Land for Replotting) |
| (1) | Any implementer may designate the reserved land for replotting for the land in an urban development zone if necessary for implementing an urban development project. In such cases, if leaseholders, etc. exist for the previous land, an implementer shall designate the land or such part which is the subject matter of the relevant rights for the relevant reserved land for replotting. |
| (2) | Articles 29 (3) and (4) shall apply mutatis mutandis where an implementer under Article 11 (1) 5 through 11 intends to designate the reserved land for replotting under paragraph (1). |
| (3) | Any implementer intends to designate reserved land for replotting under paragraph (1), he/she shall notify the relevant landowners and the relevant leaseholders, etc. of the location and area of the reserved land for replotting and the time the designation of the reserved land for replotting takes effect. |
| Article 36 (Effect of Designation of Reserved Land for Replotting) |
| (1) | If the reserved land for replotting has been designated, landowners and leaseholders, etc. of the previous land may exercise their rights in the same details of the previous rights for the reserved land for replotting or the relevant part from the effective date of the designation of the reserved land for replotting to the date when disposition of replotting is announced, and they shall not use the previous land or profit therefrom. |
| (2) | Any implementer may, in cases of designation of reserved land for replotting under Article 35 (1), if there are objects hindering from using such land or profiting therefrom in such land or there are other special reasons, separately set the date commencing to use such land or profiting therefrom. |
| (3) | Where the designation of reserved land for replotting takes effect or use of such land or profiting therefrom commences under paragraph (2), the previous landowners or leaseholders, etc. of the reserved land for replotting shall not use it or profit therefrom during the period prescribed by paragraph (1) or paragraph (2), and shall not hinder the exercise of rights under paragraph (1). |
| (4) | If reserved land for replotting has been designated for the purposes of land allotted by the authorities in recompense for development outlay under Article 34, any implementer may permit the use thereof or profit therefrom, or dispose thereof to cover expenses for an urban development project. |
| (5) | Where reserved land for replotting has been designated for land the objects of which are rights of lease, etc., Articles 48 and 49 shall apply mutatis mutandis to increase and decrease in or waiver of rights, etc. of rent, land rent, other rental fees, etc. |
| Article 36-2 (Use of Land Before Designation of Reserved Land for Replotting) |
| (1) | Any implementer referred to in Article 11 (1) 1 through 4 may permit the use of land to the extent authorized by the relevant implementation plan under Article 17 (2) even before reserved land for replotting is designated pursuant to Article 35 in any of the following cases: <Amended by Act No. 13805, Jan. 19, 2016> |
| 1. | Where circulative housing is to be constructed for phased development; |
| 3. | Where a housing construction project operator registered pursuant to Article 4 of the Housing Act owns land to construct housing from before the date of public announcement for hearing the opinions of inhabitants, etc. under Article 7 (1); |
| 4. | Cases prescribed by Presidential Decree where the relevant land is necessary for building infrastructure or promoting development projects. |
| (2) | In cases under paragraph (1) 3 or 4, the use of land shall be permitted only when all of the following apply: |
| 1. | That the area of land to be used shall be at least five percent of the area of the relevant zone (at least 10,000 square meters) and the owner shall be one person. In such cases, the owner of State-owned land or public land shall be deemed one entity, regardless of the management agencies thereof; |
| 2. | That the previous land to be used shall include all of the boundaries of one or more lots of partitioned land or city blocks determined by the authorization of an implementation plan under Article 17 (2); |
| 3. | That the area or appraised value of land to be used shall be not more than 60 percent of the area or appraised value of the whole land owned by one person within the zone, or a deposit shall be made, as prescribed by Presidential Decree; |
| 4. | That a leaseholder, etc. gives his/her consent where such leaseholder, etc. to land to be used, etc. exists. |
| (3) | No one who uses land pursuant to paragraph (1) shall supply or sell newly-created land or buildings constructed thereon until reserved land for replotting is designated. |
| (4) | A person who uses land pursuant to paragraph (1) shall comply with a replotting plan under Article 28. |
| (5) | Detailed procedures, methods, and detailed standards necessary for applying paragraphs (1) through (4) may be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
| Article 37 (Suspension of Use and Profiting) |
| (1) | Any implementer may suspend use of the relevant land or the relevant part or profit therefrom of landowners or leaseholders, etc. who have been determined not to designate replotting from the date when it has fixed. |
| (2) | Where any implementer intends to suspend use or profit therefrom under paragraph (1), he/she shall notify in advance the relevant landowners or leaseholders, etc. thereof by no less than 30 days prior to such suspension. |
| Article 38 (Relocation or Removal of Obstacles, etc.) |
| (1) | Where an implementer designates reserved land for replotting under Article 35 (1), or suspends use of previous land or profits therefrom under Article 37 (1), or performs works to change or disuse facilities prescribed by Presidential Decree, he/she may, if necessary, relocate or remove any building and other structures or objects (hereinafter referred to as "building, etc") and any obstacle, such as bamboo or trees, soil and stone and fences (hereinafter referred to as "obstacle, etc"), in an urban development zone. In such cases, an implementer (limited to an implementer who is not an administrative agency) shall obtain prior permission from the competent Special Self-Governing Province Governor, and the head of the competent Si/Gun/Gu. |
| (2) | Where the Special Self-Governing Province Governor, the head of a Si/Gun/Gu grants permission under the latter part of paragraph (1), he/she may impose conditions that an implementer shall take necessary measures to protect occupants upon limiting the period so that the implementer shall not remove any residential building from which the occupants are not evicted during the period prescribed by Presidential Decree, such as winter, etc., or after preparing temporary residential facilities. <Newly Inserted by Act No. 9862, Dec. 29, 2009> |
| (3) | Where any implementer intends to relocate or remove a building, etc. and an obstacle, etc. under paragraph (1), he/she shall notify in advance the relevant owners or occupants thereof: Provided, That if owners or occupants are unknown, he/she shall publicly announce such relocation or removal, as prescribed by Presidential Decree. <Amended by Act No. 9862, Dec. 29, 2009> |
| (4) | Where any implementer intends to relocate or remove a building used for residential purposes, he/she shall give notice thereof under paragraph (2) at least two months prior to the date scheduled for relocation or removal of such building: Provided, That the same shall not apply where he/she makes insignificant relocation or removal prescribed by Presidential Decree for part of a building or to any building in violation of Article 56 (1) of the National Land Planning and Utilization Act. <Amended by Act No. 9862, Dec. 29, 2009> |
| (5) | Where any implementer intends to relocate or remove a building, etc. and an obstacle, etc. under paragraph (1), if any of the following grounds arise after the Land Tribunal has made an adjudication on indemnities for losses under Article 50 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, he/she may deposit indemnities in the deposit office at the seat of the land until it is relocated or removed: <Amended by Act No. 9862, Dec. 29, 2009; Act No. 11186, Jan. 17, 2012> |
| 1. | When a person entitled to indemnities refuses to receive them or is unable to receive them; |
| 2. | When a person entitled to indemnities is unknown without negligence of an implementer; |
| 3. | When an implementer is dissatisfied with the amount of indemnities adjudicated by the competent Land Tribunal; |
| 4. | When the payment of indemnities is prohibited by seizure or provisional seizure. |
| (6) | In cases falling under subparagraph 3 of Article 5, any implementer shall pay indemnities calculated by himself/herself to a person entitled to indemnities and shall deposit the difference between such amount and the amount of the indemnities adjudicated by the Land Tribunal. In such cases, a person entitled to indemnities may not receive the deposited indemnity until procedures for such dissatisfaction are completed. <Amended by Act No. 9862, Dec. 29, 2009; Act No. 11650, Mar. 22, 2013> |
| Article 39 (Management, etc. of Land) |
| (1) | Any implementer shall manage the land or the relevant part which no person is to use or to profit therefrom due to designation of reserved land for replotting or disposition for suspension of use or profiting from the date of designation of reserved land for replotting or of disposition for suspension of use or profit to the date of public announcement of disposition of replotting. |
| (2) | Where any implementer intends to indicate the location of reserved land for replotting or a replotting lot, he/she may install a sign prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | No one shall remove or spoil the sign installed under paragraph (2) without approval from an implementer until the date a replotting disposition has been publicly announced. |
| Article 40 (Replotting Dispositions) |
| (1) | Where any implementer has completed works for an urban development project by the replotting method, he/she shall publicly announce it, without delay, as prescribed by Presidential Decree and make the documents related to such works available to the public. |
| (2) | Landowners or interested persons in an urban development zone may submit their written opinion to an implementer during the period of public inspection under paragraph (1) and an implementer who has received such written opinion shall take necessary measures after ascertaining as to whether it meets the results of such works and the details of an implementation plan. |
| (3) | Where landowners or interested persons fails to submit their written opinions under paragraph (2) during the period of public inspection under paragraph (1) or an implementer has taken necessary measures in accordance with the written opinion submitted, he/she shall file an application for inspection of a designating authority for completion of the works or complete the works on an urban development project. |
| (4) | Where any implementer has undergone an inspection by a designating authority for completion of works (where the designating authority is an implementer, the time the completion of the works is publicly announced under Article 51), he/she shall dispose of replotting within the period prescribed by Presidential Decree. |
| (5) | Where any implementer intends to dispose of replotting, he/she shall notify landowners of the matters prescribed by a replotting plan and publicly announce such matters, as prescribed by Presidential Decree. |
| Article 41 (Liquidation Money) |
| (1) | Where any implementer has determined replotting or excluded it from the land entitled thereto, he/she shall liquidate the excess or deficiency thereof in cash, in comprehensive consideration of the locations, classifications, area, soil, water supply, utilization status, environment and other matters of the previous land (where a project is implemented by the multi-level replotting method as prescribed in Article 32, buildings entitled to replotting shall be included; hereafter the same shall apply in Articles 42 and 45) and the land to be replotted. <Amended by Act No. 11068, Sep. 30, 2011> |
| (2) | Liquidation money under paragraph (1) shall be determined at the time of a replotting disposition: Provided, That liquidation money for land, etc. excluded from land entitled to replotting under Article 30 or Article 31 may be determined when such liquidation money is granted. |
| Article 42 (Effect of Replotting Dispositions) |
| (1) | Replotting lots determined by a replotting plan shall be deemed the previous land from the day following the date when such replotting disposition has been publicly announced, and rights in the previous land the replotting lot of which has not been determined in a replotting plan shall expire when the publicly announced date of such replotting disposition terminates. |
| (2) | Paragraph (1) shall not influence things exclusively belonging to the previous land by administrative disposition or judicial disposition. |
| (3) | Easements on land in an urban development zone, notwithstanding paragraph (1), shall continue to exist in the previous land: Provided, That the easement, of which interests to be exercised have disappeared due to the implementation of an urban development project shall expire when the publicly announced date of such replotting disposition terminates. |
| (4) | Any person who has received a replotting disposition according to a replotting plan under Article 28 shall acquire the common stakes of part of the building and the lot of land where the relevant building is located as prescribed by a replotting plan on the following day of the date when a replotting disposition has been publicly announced. In such cases, it shall be deemed that mortgage for the previous land exists in the common stakes of part of the relevant building and a lot of land where the relevant building is located from the following day of the date when a replotting disposition has been publicly announced. |
| (5) | Any implementer shall acquire the ownership of the land allotted by the authorities in recompense for development outlay under Article 34 and a person designated by a replotting plan shall acquire the ownership of the reserved land respectively on the following day of the date when a replotting disposition has been publicly announced: Provided, That with respect to the land allotted by the authorities in recompense for development outlay of which disposition has already been made under Article 36 (4), the ownership shall be acquired when a person who purchased such land has completed the registration for transfer of the ownership. |
| (6) | Liquidation money under Article 41 shall be determined on the following day of the date when a replotting disposition has been publicly announced. |
| Article 43 (Registration) |
| (1) | If a replotting disposition is publicly announced under Article 40 (5), any implementer shall notify the competent registry office thereof within 14 days after the public announcement and shall commission or file for registration of the land and buildings. |
| (2) | Registration under paragraph (1) shall be filed in accordance with the Supreme Court Regulations. |
| (3) | No other registration may be filed from the date when a replotting disposition has been publicly announced under Article 40 (5) until the registration under paragraph (1) is filed: Provided, That if an applicant for registration proves with a document indicating a fixed date that the cause for registration has arisen before the date of public announcement of a replotting disposition, he/she may file for another registration. |
| Article 44 (Disposal, etc. of Land Allotted by Authorities in Recompense for Development Outlay) |
| (1) | Any implementer shall rationally dispose of or manage land allotted by the authorities in recompense for development outlay or reserved land under Article 34 according to the objectives and methods stipulated by the rules, articles of association, implementation regulations, or an implementation plan. |
| (2) | Acts on the disposal of property of the State or a local government shall not apply where any implementer who is an administrative agency manages or disposes of land allotted by the authorities in recompense for development outlay or reserved land under paragraph (1) (including cases where it manages or disposes of land allotted by the authorities in recompense for development outlay under Article 36 (4)): Provided, That Articles 29 and 43 of the Public Property and Commodity Management Act shall apply mutatis mutandis where it intends to dispose of land allotted by the authorities in recompense for development outlay according to a trust deed. |
| (3) | Article 27 (1) shall apply mutatis mutandis to the supply prices of developed land, etc. when such developed land, etc. is supplied for establishing schools, waste treatment facilities, and other facilities prescribed by Presidential Decree. <Amended by Act No. 11068, Sep. 30, 2011> |
| (4) | Article 27 (2) shall apply mutatis mutandis to land, other than land provided in paragraph (3), among land supplied by an implementer referred to in Article 11 (1) 1 through 4 as necessary for revitalizing urban development projects, such as the invitation of regional characterization projects. <Newly Inserted by Act No. 11068, Sep. 30, 2011> |
| Article 45 (Depreciation Compensation) |
Where the gross amount of value of the land after the implementation of an urban development project has become less than the value of the land before the implementation of the project due to the implementation of an urban development project, an implementer who is an administrative agency shall pay depreciation compensation equivalent to such difference to the previous landowners or leaseholders, etc. according to the standards prescribed by Presidential Decree.
| Article 46 (Collection and Grant of Liquidation Money) |
| (1) | Any implementer shall collect or grant liquidation money determined after a replotting disposition has been publicly announced: Provided, That liquidation money may be delivered for land, the replotting lot of which is not determined under Articles 30 and 31 even before a replotting disposition. |
| (2) | Liquidation money may be collected or granted in installments with added interest as prescribed by Presidential Decree. |
| (3) | If a person who is to pay liquidation money fails to pay it, an implementer who is an administrative agency may collect it in the same manner as delinquent national or local taxes are collected and an implementer who is not an administrative agency may commission the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu to collect liquidation money. Article 16 (5) shall apply mutatis mutandis to such cases. |
| (4) | If a person entitled to liquidation money is unable to receive it due to reasons, such as his/her unknown address, etc. or refuses to receive it, such liquidation money may be deposited. |
| Article 47 (Negative Prescription of Liquidation Money) |
If an entitlement to receive or collect liquidation money has not been exercised for five years, it shall expire by prescription.
| Article 48 (Requests for Increase and Decrease of Rent, etc.) |
| (1) | If the previous rent, land rent, rental fees, etc. become unreasonable because the use of land which is the object of rights of lease, etc. or of servient estate concerning easements is increased or hindered due to an urban development project, notwithstanding the terms and conditions of contract, the relevant parties may request an increase or decrease in such rent, land rent, rental fees, etc. for future. Where a building is removed due to an urban development project, the same shall also apply to rent for such building. |
| (2) | In cases falling under paragraph (1), the relevant parties may exempt themselves from such obligations by waiver of the relevant rights or termination of the relevant contract. |
| (3) | No request may be made for increase or decrease in rent, land rent, other rental fees, etc., if 60 days have passed from the date when a replotting disposition was publicly announced under Article 40 (5). |
| Article 49 (Waiver, etc. of Rights) |
| (1) | If the relevant parties are unable to attain the objective of establishment of easements, rights of lease, etc. due to implementation of an urban development project, they may waive the relevant rights or terminate the relevant contract. The same shall also apply where they are unable to attain the objective of such lease due to removal of buildings by an urban development project. |
| (2) | Any person who has waived such rights or has terminated such contract under paragraph (1) may request an implementer to compensate for loss incurred thereby. |
| (3) | Any implementer who has compensated for loss under paragraph (2) may claim for reimbursement from owners of the relevant land or buildings or a person who has profited therefrom. |
| (4) | Parties shall not waive the rights or terminate the contract under paragraph (1) if it has passed 60 days from the date when a replotting disposition was publicly announced under Article 40 (5). |
| (5) | The provisions concerning methods of and procedures, etc. for compensation for losses from access, etc. to the land of others shall apply mutatis mutandis to the compensation for losses under paragraph (2). |
| (6) | Article 16 (4) and (5) shall apply mutatis mutandis to claims for reimbursement of compensation for losses under paragraph (3). |
SECTION 4 Inspection of Completion, etc.
| Article 50 (Inspections of Completion) |
| (1) | Any implementer (excluding where a designating authority is an implementer) shall, when he/she has completed works on an urban development project, make a report on completion of works and undergo the inspection by a designating authority for completion of works as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Any designating authority shall, upon receiving a report on completion of works under paragraph (1), without delay conduct an inspection of completion. In such cases, the designating authority may, if necessary for efficient inspection of completion, commission the relevant administrative agency, public institution, research institution, other specialized institutions, etc. to conduct the inspection of completion. |
| (3) | Any designating authority may request the head of a State agency, a local government, a public institution, etc. which are to take over or manage public facilities stated in the details of a report on completion of works to participate in the inspection of completion, and the persons whose participation in such inspection has been requested shall comply with such request if there is no special reason otherwise. |
| (4) | Any implementer may, if necessary to implement an urban development project efficiently, undergo an inspection of completion (referring to the public announcement of completion of works made by an implementer where a designating authority is an implementer) under paragraph (1) for the part works completed even before all works for the relevant urban development project is completed. |
| Article 51 (Public Announcement of Completion of Works) |
| (1) | If it is deemed that an urban development project has been completed according to an implementation plan as a result of an inspection of completion under Article 50 (2), any designating authority shall issue an inspection certificate of completion to an implementer and shall publicly announce the completion of work, and if not completed according to the implementation plan, the designating (such) authority shall order an implementer to take necessary measures without delay, such as complementary works. |
| (2) | Where a designating authority is an implementer, such implementer shall publicly announce the completion of such works when works on an urban development project are complete. |
| Article 52 (Authorization, Permission, etc. Deemed Granted Subsequent to Completion of Works) |
| (1) | In conducting an inspection of completion under Article 50 (2) or publicly announcing the completion of works under Article 51 (2), it shall be deemed that the matters consulted with the head of the relevant administrative agency under paragraph (3) for the inspection of completion and authorization of completion, etc. under authorization, permission, etc. deemed granted (excluding a license, consultation, or approval under Article 19 (1) 4; hereafter the same shall apply in this Article) by a designating authority under Article 19 have undergone such inspection of completion and received such authorization of completion, etc. deemed granted. |
| (2) | If an implementer (excluding an implementer who is a designating authority) intends to receive an inspection of completion and authorization of completion deemed granted under paragraph (1), he/she shall submit the relevant documents prescribed by the relevant Acts together when it files an application for inspection of completion under Article 50 (1). |
| (3) | In conducting an inspection of completion under Article 50 (2) or publicly announcing the completion of works under Article 51 (2), if there are matters in the details applicable to an inspection of completion and authorization of completion, etc. under the authorization, permission, etc. deemed granted under Article 19, a designating authority shall consult with the head of the relevant administrative agency in advance. |
| Article 53 (Use of Developed Land, etc. Prior to Completion) |
Developed land, etc. (excluding land allotted by the authorities in recompense for development outlay) shall not be used prior to the inspection of completion under Article 50 or the public announcement of the completion of works under Article 51: Provided, That the same shall not apply where permission for use is obtained from a designating authority as prescribed by Presidential Decree, such as obtaining ascertainment on the hindrance of implementation of the project.
CHAPTER IV BEARING OF EXPENSES, ETC.
| Article 54 (Principle of Bearing of Expenses) |
Expenses incurred for an urban development project shall be levied on an implementer, except as otherwise expressly provided in this Act or other Acts.
| Article 55 (Installation of Facilities in Urban Development Zones, Bearing of Expenses, and so forth) |
| (1) | Installation of facilities in an urban development zone shall be done according to the following classification: |
| 1. | Roads and water supply facilities and sewers shall be constructed by a local government; |
| 2. | Electric facilities, gas-supply facilities, or district heating facilities shall be installed by persons who supply electricity, gas, or heating to the relevant district, respectively; |
| 3. | Communication facilities shall be installed by a person who provides the communication services to the relevant district. |
| (2) | Installation expenses for facilities under paragraph (1) shall be levied on the obligator of each installation: Provided, That where a project implementer requests that electric facilities of the facilities under paragraph (1) 2 in an urban development zone be installed as underground transmission line, an electricity supplier and an implementer requesting underground transmission line shall bear expenses for such installation at the ratio of a half each (where an urban development project is implemented by full replotting method, an electricity supplier shall bear expenses at the ratio of 2/3 and an implementer requesting underground transmission lines at the ratio of 1/3). <Newly Inserted by Act. No. 9044, Mar. 28, 2008> |
| (3) | Installation of facilities under paragraph (1) shall be completed by the date of application for the inspection of completion (referring to the date when works on an urban development project is completed where a designating authority is an implementer) under Article 50 if there is no special reason otherwise. <Newly Inserted by Act. No. 9044, Mar. 28, 2008> |
| (4) | The scope of installation of facilities by type under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act. No. 9044, Mar. 28, 2008> |
| (5) | Where an implementer intends to bear expenses for construction of the facilities as road or water supply facilities and sewers not belonging to the scope of mandatory installation by a local government from among the scope of installation by type of the facilities prescribed by Presidential Decree under paragraph (4), a local government may perform such road building project or such construction project of water supply facilities and sewers on its behalf at the request of an implementer. <Amended by Act No. 9044, Mar. 28, 2008> |
| Article 56 (Expenses Borne by Local Governments) |
| (1) | Where a designating authority is an implementer, such implementer may, if a City/Do or a Si/Gun/Gu gains profit from an urban development project it has implemented, charge the City/Do or the Si/Gun/Gu gaining such profit part of expenses incurred in such urban development project as prescribed by Presidential Decree. In such cases, the Minister of Land, Infrastructure and Transport shall consult with the Minister of the Interior and Safety, and the Mayor/Do Governor or the head of a Large Si shall, if he/she intends to charge a Si/Gun/Gu, other than those under his/her jurisdiction, the expense, consult with the Mayor/Do Governor having jurisdiction over such Si/Gun/Gu, where the consultation is not effected between the Mayor and Do Governor or the head of a Large Si and the Mayor/Do Governor, they shall comply with a decision of the Minister of the Interior and Safety. <Amended by Act No. 9044, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The head of a Si (excluding a Large Si)/Gun/Gu may, if another local government gains profit from an urban development project he/she has implemented, charge such local government part of the expenses incurred in such urban development project through the consultation with such local government as prescribed by Presidential Decree. In such cases, where the consultation is not effected, they shall comply with a decision of the competent Mayor/Do Governor, the latter part of paragraph (1) shall apply mutatis mutandis where the Mayor/Do Governor having jurisdiction over such Si/Gun/Gu is mutually different. <Amended by Act No. 9044, Mar. 28, 2008> |
| Article 57 (Bearing of Expenses by Managers of Public Facilities) |
| (1) | Deleted. <by Act No. 12641, May 21, 2014> |
| (2) | Where any implementer installs a common utility duct, it may require persons obligated to install facilities to be accommodated in the common utility duct pursuant to other Acts to bear expenses for the installation of such common utility duct. In such cases, Article 44 of the National Land Planning and Utilization Act shall apply mutatis mutandis to matters concerning methods of, standards for, and procedures for installing common utility ducts, bearing of expenses and other matters. <Amended by Act No. 11186, Jan. 17, 2012> |
| Article 58 (Expenses for Building Infrastructure Outside Urban Development Zones) |
| (1) | Where the infrastructure prescribed by Presidential Decree is built in a district outside an urban development zone to be provided for use in the urban development zone, a designating authority may require the relevant implementer to build such infrastructure or to bear expenses incurred therein according to the development plan containing an expense-bearing plan under Article 5 (1) 13. |
| (2) | The State or a local government may subsidize the remaining building expenses except for those to be borne by an implementer under paragraph (1). In such cases, the Minister of Land, Infrastructure and Transport shall determine the scale or method of subsidization and other matters in consultation with the head of the relevant central administrative agency. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where the infrastructure not included in an expense-bearing plan under Article 5 (1) 13 is to be additionally built outside an urban development zone due to a modification, etc. to an implementation plan, a designating authority may require persons who have caused additional building of infrastructure, such as a modification, etc. to an implementation plan to bear such expenses, as prescribed by Presidential Decree. |
| (4) | If a local government or a manager of public facilities profits from infrastructure built outside an urban development zone at the expense of an implementer, a designating authority may require the local government or the manager of public facilities that profits therefrom to partially bear expenses incurred in building such infrastructure, as prescribed by Presidential Decree. In such cases, the designating authority shall consult with the relevant local government or the manager of public facilities and the implementer. |
| (5) | Where a person in receipt of notice by a designating authority to bear expenses incurred in building infrastructure pursuant to paragraphs (1) and (3) (hereafter referred to as "obligor" in this Article) has an objection to bearing of expenses, he/she may apply for an adjustment accompanied by evidentiary data with the designating authority within 20 days of receipt of such notice. In such cases, the designating authority shall examine the application and notify the applicant of the results thereof within 15 days of receipt of such application. <Newly Inserted by Act No. 11186, Jan. 17, 2012; Act No. 12641, May 21, 2014> |
| (6) | If an obligor fails to pay expenses for building the infrastructure under paragraphs (1) and (3) by the deadline for payment, a designating authority shall collect additional charges. In such cases, Article 21 of the National Tax Collection Act shall apply mutatis mutandis to the additional charges. <Newly Inserted by Act No. 12641, May 21, 2014> |
| (7) | If an obligor fails to pay expenses for building infrastructure under paragraphs (1) and (3) and additional charges by the deadline for payment, a designating authority shall collect such expenses and charges in the same manner as delinquent national or local taxes are collected. <Newly Inserted by Act No. 12641, May 21, 2014> |
| (8) | If an obligor erroneously paid or overpaid the expenses, a designating authority shall examine such erroneous payment or overpayment and additionally collect or refund the difference. In such cases, the amount calculated according to the interest rate provided in Article 52 of the Framework Act on National Taxes for a period from the following day of the erroneous payment or overpayment to the date of decision on additional collection or refund shall be added to the additional collection charges or refund money. <Newly Inserted by Act No. 12641, May 21, 2014> |
| Article 59 (Subsidies and Loans) |
Expenses incurred in implementing an urban development project may be fully or partially subsidized or financed from the National Treasury, as prescribed by Presidential Decree: Provided, That if an implementer is an administrative agency, such expenses may be fully subsidized or financed.
| Article 60 (Establishment, etc. of Special Accounts for Urban Development) |
| (1) | The Mayor/Do Governor or the head of a Si/Gun (excluding the head of a Gun located in a Metropolitan City) may establish a special account for urban development (hereinafter referred to as "special account") to promote urban development projects, support the establishment of Urban/Gun planning facility projects, and other similar matters. <Amended by Act No. 10599, Apr. 14, 2011> |
| (2) | The special account shall be created by the following financial resources: <Amended by Act No. 10221, Mar. 31, 2010> |
| 1. | Money transferred from general accounts; |
| 2. | Subsidies from the Government; |
| 3. | Funds raised by issuing urban development bonds under Article 62; |
| 4. | Proceeds and the balance of implementation under Article 70; |
| 5. | Administrative fines imposed and collected pursuant to Article 85; |
| 9. | The amount of money in the ratio prescribed by Presidential Decree among the amount collected through the property tax imposed and collected pursuant to Article 112 of the Local Tax Act (excluding paragraph (1) 1 of the same Act); |
| 11. | Loan proceeds, interest income from funds in the relevant special account, and other proceeds. |
| (3) | Where the State, a local government, etc. implements an urban development project by the replotting method, a special account shall be established respectively for each project for separate accounting. |
| Article 61 (Operation of Special Accounts) |
| (1) | The special account shall be used for the following purposes: <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11650, Mar. 22, 2013> |
| 1. | Subsidizing and financing construction funds for implementers of urban development projects; |
| 2. | Subsidizing and financing Urban/Gun planning facility projects; |
| 3. | Expenses incurred in conducting Urban/Gun planning facility projects prescribed by Presidential Decree, which are implemented by local governments; |
| 4. | Redemption of principal of and interest on urban development bonds under Article 62; |
| 5. | Surveys and research funds for designation of urban development zones, preparation of plans therefor and advancement of systems; |
| 6. | Repayment of principal of and interest on borrowed funds; |
| 7. | Expenses incurred in creating, operating, and administering special accounts; |
| 8. | Other matters prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may, if necessary, require the head of a local government to report on the operation status of the special account. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters necessary for the establishment, operation, and administration of special accounts shall be prescribed by ordinance of the relevant local government according to the standards prescribed by Presidential Decree. |
| Article 62 (Issuance of Urban Development Bonds) |
| (1) | The head of a local government may issue urban development bonds to raise funds necessary for urban development projects or Urban/Gun planning facility projects. <Amended by Act No. 10599, Apr. 14, 2011> |
| (2) | Deleted. <by Act No. 9862, Dec. 29, 2009> |
| (3) | The extinctive prescription of urban development bonds shall be five years for principal thereof and two years for interest thereon reckoning from the date of redemption. |
| (4) | The interest rate, method of issuance, procedures for issuance, redemption, issuance affairs of urban development bonds and other necessary matters shall be prescribed by Presidential Decree. |
| Article 63 (Purchase of Urban Development Bonds) |
| (1) | Any of the following persons shall purchase urban development bonds: |
| 1. | In the cases of an urban development project implemented by method of expropriation or use, a person referred to in Article 11 (1) 1 through 4 and a person who enters into a contract for construction works; |
| 2. | Any implementer of an urban development project, other than an implementer referred to in subparagraph 1; |
| (3) | Projects for which urban development bonds shall be purchases, the amount thereof and procedures therefor and other matters shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 64 (Access to Third Person’s Land) |
| (1) | Any person referred to in any subparagraph of Article 11 (1) may have access to the land occupied by any third person or temporarily use such land as a place for storing materials or a temporary road, and if particularly necessary, change or remove obstacles, etc. thereon if necessary for designating an urban development zone, conducting research and surveys for an urban development project or implementing such project. |
| (2) | Any person who intends to have access to any third person’s land under paragraph (1) shall obtain permission from the Special Self-Governing Province Governor and the head of a Si/Gun/Gu (only applicable to an implementer of an urban development project, who is not an administrative agency) and notify the owner, occupant, or manager of such land of the time and place by three days prior to the date he/she intends to have access to such land. |
| (3) | Any person who intends to temporarily use any third persons’ land as a place for storing materials or a temporary road, or change or remove obstacles, etc. thereon pursuant to paragraph (1) shall first obtain consent from the owner, occupant, or manager of such land. |
| (4) | In cases falling under paragraph (3), if he/she is unable to obtain consent from the owner, occupant, or manager of the land or the obstacles, etc. because he/she is not at the site or his/her address or residence is unknown, he/she shall give notice to the competent Special Self-Governing Province Governor and the head of the competent Si/Gun/Gu: Provided, That an implementer of an urban development project who is not an administrative agency shall obtain permission from the competent Special Self-Governing Province Governor and the head of the competent Si/Gun/Gu. |
| (5) | Any person who intends to use any third person’ land temporarily, or change or remove obstacles, etc. thereon under paragraphs (3) and (4) shall notify the owner, occupant, manager of the relevant land or obstacles, etc. of the matters concerning his/her temporary use of such land and change or removal of such obstacles, etc. by not later than three days prior to the date he/she intends to use the land or change or remove obstacles, etc. |
| (6) | No person may have access to a housing site or any third person’s land surrounded by a housing site or a wall or fence without the consent of the occupant of the relevant land before sunrise or after sunset. |
| (7) | No occupant of land shall hinder or refuse any conduct of an implementer under paragraph (1) without any justifiable reasons. |
| (8) | Any person who intends to perform any act under paragraph (1) shall carry identification and a permit indicating his/her authority, and present them to relevant persons; matters necessary for such identification and permit shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 65 (Compensation for Loss) |
| (2) | With respect to compensation for loss under paragraph (1), the person who is liable to compensate such loss shall consult with the person who has sustained such loss. |
| (3) | Any person who is liable to compensate loss or a person who has sustained such loss may, if the consultation under paragraph (2) is not effected or is unable to be made, file an application for adjudication with the competent Land Expropriation Committee. |
| (5) | Articles 14, 18, 61, 63 through 65, 67, 68, 71 through 73, 75, 75-2, 76, 77 and 78 (5), (6) and (9) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the standards for compensation under paragraph (1). |
| Article 66 (Devolvement, etc. of Public Facilities) |
| (1) | Where an implementer provided in Article 11 (1) 1 through 4 establishes new public facilities or public facilities replacing existing public facilities, the previous public facilities shall gratuitously devolve on the implementer and the new public facilities shall gratuitously devolve on an administration agency to manage such facilities (hereafter referred to as "managing agency" in this Article and Article 67), notwithstanding the State Property Act and the Public Property and Commodity Management Act. |
| (2) | New public facilities established by an implementer provided in Article 11 (1) 5 through 11 shall gratuitously devolve on the relevant managing agency; public facilities of an administration agency, which come into disuse by the implementation of an urban development project, may gratuitously devolve on the relevant implementer within the extent equivalent to installation expenses of public facilities newly established, notwithstanding the State Property Act and the Public Property and Commodity Management Act. |
| (3) | If any designating authority intends to prepare or authorize an implementation plan containing matters concerning devolvement of public facilities under paragraphs (1) and (2), it (such authority) shall first hear the opinions of the managing agency of such public facilities: Provided, That where no managing agency has been designated, the (such) designating authority shall hear the opinions of a managing agency to be created following designation before the completion of completion inspections (referring to the public announcement of the completion of works under Article 51 where the (such) designating authority is an implementer). |
| (4) | Where any designating authority has prepared or authorized an implementation plan after hearing the opinion of a managing agency under paragraph (3), the implementer shall be deemed to have obtained approval, permission, etc. to occupy and use the public facilities stated in the implementation plan under the relevant Acts so that he/she may perform an urban development project. In such cases, occupancy and use fees or use fees incurred to occupy and use, or use the relevant public facilities shall be deemed exempted. |
| (5) | Where an implementer provided in Article 11 (1) 1 through 4 has undergone completion inspections (referring to the public announcement of the completion of works under Article 51, where the designating authority is an implementer) upon completion of an urban development project, he/she shall notify the managing agency of the relevant public facilities of the kinds of such public facilities and a detailed list of land. In such cases, such public facilities shall be deemed to devolve respectively on the managing agency to manage the relevant public facilities and the relevant implementer on the date of such notification. |
| (6) | An implementer provided in Article 11 (1) 5 through 11 shall notify the managing agency of public facilities to be transferred to him/her or to revert to the managing agency under paragraph (2) of the kinds of such facilities and a detailed list of land involved before the completion inspections of the urban development project involved are completed, and any designating authority that has conducted such completion inspections shall notify the managing agency of the relevant public facilities of the details thereof. In such cases, such public facilities shall be deemed to revert or to be transferred to the managing agency to manage the relevant public facilities or the relevant implementer, respectively, when the designating authority has issued a certificate of completion inspections. |
| (7) | When registering public facilities under paragraphs (1) through (6), a certificate of completion inspections referred to in Article 51 (1) (referring to the public announcement of the completion of works under paragraph (2) of the same Article, where an implementer is a designating authority) shall replace a document attesting the grounds for registration under the Registration of Real Estate Act. <Amended by Act No. 10580, Apr. 12, 2011> |
| Article 67 (Management of Public Facilities) |
The Special Self-Governing Province Governor and the head of a Si/Gun/Gu shall manage the public facilities installed in an urban development zone through an urban development project until such facilities devolve on the managing agency of the relevant public facilities after the completion of works, except as otherwise expressly provided in this Act or other Acts.
| Article 68 (Restrictions, etc. on Disposal of State-Owned Land or Public Land) |
| (1) | It is prohibited to dispose of land, such as land owned by the State or any local government, in an urban development zone necessary for an urban development project for purposes other than those prescribed by the relevant development plan. |
| (2) | It is permitted to dispose of assets, such as assets owned by the State or any local government in an urban development zone necessary for an urban development project to an implementer by means of a free contract notwithstanding the State Property Act and the Public Property and Commodity Management Act. In such cases, with respect to disuse (limited to administrative assets) or disposal of such assets, a designating authority shall consult in advance with the head of the relevant administrative agency. |
| (3) | The head of the relevant administrative agency upon receipt of a request for consultation under the latter part of paragraph (2) shall take necessary measures for consultation within 30 days from the date of such request. |
| Article 69 (Lease of State-Owned Land and Public land, etc.) |
| (1) | In cases of an implementer referred to in Article 11 (1) 7, the Minister of Strategy and Finance, the managing agency of the state-owned assets or the head of a local government may use, profit from or lend (hereinafter referred to as "lease"), through free contract, the land, factories and other state-owned land and public land owned by the State or local governments in an urban development zone, notwithstanding the State Property Act and the Public Property and Commodity Management Act. |
| (3) | Where the land owned by the State or local government is leased under paragraph (1), construction of factories or other permanent facilities on such land may be permitted, notwithstanding the State Property Act and the Public Property and Commodity Management Act. In such cases, the land may be leased, in consideration of the types, etc. of such facilities, on condition that they shall be donated to the State or a local government or be returned by restoring to their original state when the period of lease expires. |
| (5) | The period of lease under paragraph (2) may be renewed. In such cases, whenever renewed, the period shall not exceed the period under paragraph (2). |
| Article 70 (Restriction, etc. on Use of Proceeds, etc.) |
| (1) | Proceeds from the disposal of land, which has come into disuse, as the land which will devolve on implementers of Article 11 (1) 1 through 4 under Article 66 (1), shall not be used for purposes other than those prescribed by the relevant development plan. |
| (2) | Each implementer shall not use proceeds from sale of land allotted by the authorities in recompense for development outlay under Article 44, liquidation money collected under Article 46 and charges, subsidies, etc. under Articles 56, 57, and 59 for purposes other than those of the relevant urban development project. |
| (3) | If the balance of implementation after the use of proceeds, etc. for the purpose of urban development projects under paragraphs (1) and (2) exists, such balance of implementation and proceeds from the implementation of an urban development project by a local government by the method of expropriation or use under Article 21 shall devolve on the special account established in the relevant local government. |
| Article 71 (Reduction, etc. on and Exemption from Taxes, Charges, etc.) |
| Article 71-2 (Special Exceptions to Relaxation of Applicable Standards to Combined Development, etc.) |
| (1) | In any of the following cases, any designating authority may apply partially relaxed standards concerning zones to be designated as urban development zones and the size thereof under Article 3, the contents of development plans under Article 5, requirements for designating implementers under Article 11 and purchase of urban development bonds under Article 63: <Amended by Act No. 12251, Jan. 14, 2014; Act No. 13498, Aug. 28, 2015> |
| 1. | A project prescribed by Presidential Decree for which two or more areas separated from one another are combined to implement an urban development project under Article 3-2; |
| 2. | Where a low-carbon green city plan is prepared and implemented, as prescribed by Presidential Decree, concurrently with the formulation of a development plan under Article 5; |
| 3. | Where construction sites for rental housing or rental housing is supplied in excess of the standards therefor under Article 21-3, or a project plan is prepared, as prescribed by Presidential Decree, for socially disadvantaged citizens, such as low-income tenants and landowners; |
| 4. | Where a replotting plan is prepared and implemented, as prescribed by Presidential Decree, for the smooth settlement of low-income landowners, etc. in an area in which an urban development project is implemented by the replotting method; |
| 5. | Where a site, etc. for constructing public housing under the Special Act on Public Housing is supplied at a price not exceeding the appraised price; |
| 6. | Where it is necessary for supplying more small housing in the downtown and for facilitating intensive land use and the combined development of buildings when an urban development zone is designated in an area in which public transit is readily available, such as the station area (limited to cases where the size of a residential area, commercial area, or an industrial area pursuant to Article 36 of the National Land Planning and Utilization Act is at least 70/100 of the total size of an urban development zone); |
| 7. | Where a project prescribed by Presidential Decree that requires investments from private enterprises is implemented to improve a residential or living environment, and to recover the urban functions of underdeveloped areas. |
| (2) | Where it is deemed necessary to efficiently implement projects containing the matters referred to in any subparagraph of paragraph (1), any designating authority may determine and apply relaxed standards for the following matters to the extent prescribed by Presidential Decree, notwithstanding applicable Acts. In such cases, where the(a) designating authority is a Mayor/Do Governor or the head of a Large Si, he/she(such authority) may determine and implement relaxed standards to the extent prescribed by Presidential Decree: <Amended by Act No. 12989, Jan. 6, 2015; Act No. 13805, Jan. 19, 2016> |
| (3) | Detailed scope of, and standards for application, standards under paragraphs (1) and (2) and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
| Article 72 (Public Perusal, Keeping, etc. of Relevant Documents) |
| (1) | Any implementer may request the head of a registry office or any other relevant administrative agency for permission to peruse and reproduce necessary documents or to issue a certified or abridged copy of such documents free of charge if necessary to implement an urban development project. |
| (2) | An implementer shall disclose the following matters by publishing them in the Official Gazette, official report, daily newspapers, or on the Internet sites so that landowners and other interested persons may learn them: <Amended by Act No. 11068, Sep. 30, 2011> |
| 1. | Where rules, articles of incorporation, etc. are stipulated, the details thereof; |
| 2. | Matters an implementer shall submit for public inspection, announce publicly, or give notice; |
| 3. | Details of designation of an urban development zone and development plans, and details of the formulation and authorization of an implementation plan; |
| 4. | Details of authorization of a replotting plan; |
| 5. | Other matters prescribed by Presidential Decree for implementing an urban development project. |
| (3) | An implementer shall keep documents, drawings, etc. listed in the subparagraphs of paragraph (2) at the main office in an area in which an urban development project is implemented, and where a right-holder requests perusal or reproduction in relation to land, etc. in the urban development zone, the implementer shall permit such perusal and reproduction to the right-holder, except for personal information. In such cases, the reproduction may be made at the expense of the requester up to expenses actually incurred therein. <Newly Inserted by Act No. 11068, Sep. 30, 2011> |
| (4) | Where an implementer who is not an administrative agency has completed or ceased an urban development project, he/she shall transfer relevant documents or drawings to the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11068, Sep. 30, 2011; Act No. 11690, Mar. 23, 2013> |
| (5) | An implementer who is an administrative agency and the Special Self-Governing Province Governor or the head of a Si/Gun/Gu who obtains relevant documents under paragraph (4) shall keep the relevant documents of such urban development project for a period specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11068, Sep. 30, 2011; Act No. 11690, Mar. 23, 2013> |
| Article 73 (Succession to Rights and Duties) |
Where an implementer or a person who has rights to land, etc. in an urban development zone (hereinafter referred to as "interested person, etc") has been replaced, dispositions, procedures, and other acts taken by or against the previous interested person, etc. have taken or conducted, or which have been taken or conducted to the previous interested person, etc. under this Act, or under the orders or the rules, the articles of association, or the implementation regulations under this Act, shall be deemed taken by or against a person who has newly become an interested person, etc.
| Article 74 (Reports, Inspections, etc.) |
| (1) | A designating authority or the Special Self-Governing Province Governor and the head of a Si (excluding a Large Si)/Gun/Gu may, if deemed necessary in connection with implementation of an urban development project, order an implementer (excluding where the (such) designating authority is an implementer) to make a necessary report or submit data, and require a public official under the control of such authority, Governor, or head to inspect the matters on the affairs and accounting for an urban development project. <Amended by Act No. 9044, Mar. 28, 2008> |
| (2) | Any public official inspecting affairs or accounting under paragraph (1) shall carry a document indicating his/her authority and display it to relevant persons. |
| (3) | Matters necessary for documents under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 75 (Administrative Dispositions on Violators of Acts, etc.) |
Any designating authority or the head of a Si (excluding a Large Si)/Gun/Gu may revoke the designation of an implementer or authorization for an implementation plan, or may issue an order to suspend works, to rebuild or remove a building, etc. or an obstacles, etc. and may take other necessary dispositions or measures with respect to any of the following persons: <Amended by Act No. 9044, Mar. 28, 2008; Act No. 9862, Dec. 29, 2009; Act No. 11068, Sep. 30, 2011>
| 1. | Any person who fails to fulfill the conditions imposed by the designating authority at the time of preparation under Article 4, designation under Article 11, authorization under Articles 13 and 17, or approval under Article 29, or fails to implement an urban development project in compliance with the relevant development plan or implementation plan; |
| 2. | Any person who performs any act without permission under Article 9 (5); |
| 3. | Any person who obtains designation as an implementer under Article 11, obtains authorization for establishment of an association under Article 13, obtains authorization for an implementation plan under Article 17, obtains the adjudication on expropriation or use of land, etc. under Article 22, obtains approval for issuance of land redemption bonds under Article 23 or obtains authorization for a replotting plan under Article 29 by deceit or other illegal means; |
| 4. | Any person who violates the rules under Article 11 (3), the implementation rules under Article 11 (4), or the articles of association under Article 13 (1); |
| 5-2. | Any person who fails to create and supply construction sites for rental housing to tenants, etc. or fails to construct and supply rental housing, in violation of Article 21-3 (1); |
| 6. | Any person who issues land redemption bonds without approval under Article 23; |
| 7. | Any person who fails to take countermeasures for migration, etc. under Article 24 or fails to implement the countermeasures; |
| 8. | Any person who receives an advance payment, in violation of Article 25; |
| 8-2. | Any person who fails to fulfill conditions imposed on approval under Article 25-2 (5) or fails to implement measures under paragraph (7) of the same Article; |
| 9. | Any person who fails to submit a supply plan of the developed land, etc. or supplies the developed land, etc. different from a supply plan under Article 26 (1); |
| 10. | Any person who relocates or removes obstacles without permission under Article 38 (1); |
| 10-2. | Any person who fails to fulfill conditions imposed on permission to relocate or remove buildings under Article 38 (2); |
| 11. | Any person who fails to undergo a completion inspection under Article 50 (1); |
| 12. | Any person who uses the developed land, etc. without permission for use under the proviso to Article 53; |
| 13. | and 14. Deleted. <by Act No. 9862, Dec. 29, 2009> |
Any designating authority, the Special Self-Governing Province Governor, or the head of a Si (excluding a Large Si)/Gun/Gu shall hold a hearing if he/she intends to revoke permission, designation, authorization or approval under this Act according to Article 75. <Amended by Act No. 9044, Mar. 28, 2008>
| Article 77 (Administrative Appeals) |
Any person who is dissatisfied with any measure taken by an implementer under this Act may file an administrative appeal under the Administrative Appeals Act: Provided, That in the case of any measure taken by an implementer who is not an administrative agency, such person shall file an administrative appeal with a designating authority, except as otherwise expressly provided in other Acts.
| Article 78 (Application Mutatis Mutandis to Facilities outside Urban Development Zones) |
Articles 3 through 53 and 64 through 77 shall apply mutatis mutandis where it is necessary for implementing a project directly related to an urban development project, such as building infrastructure, etc. to use an urban development zone in any area outside the urban development zone.
| Article 79 (Delegation of Authority, etc.) |
| (1) | The Minister of Land, Infrastructure and Transport may partially delegate his/her authority under this Act to the Mayor/Do Governor or the heads of affiliated institutions, as prescribed by Presidential Decree, and the Mayor/Do Governor may re-delegate his/her delegated authority to the head of a Si/Gun/Gu with the approval of the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Mayor/Do Governor may partially delegate his/her authority under this Act to the head of a Si/Gun/Gu, as prescribed by ordinance of the City/Do. |
| (3) | Where the authority has been delegated or re-delegated under paragraphs (1) and (2), matters which have been so delegated or re-delegated and which shall, for resolution, be referred to the Central Urban Planning Committee established under Article 106 of the National Land Planning and Utilization Act or the Local Urban Planning Committee established under Article 113 (1) of the same Act shall, for resolution, be referred to the Local Urban Planning Committee established in a local government to which the authority has been delegated or re-delegated. |
CHAPTER VI PENALTY PROVISIONS
| Article 80 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 11068, Sep. 30, 2011>
| 1. | Any person who performs any act without obtaining permission under Article 9 (5); |
| 2. | Any person who obtains designation as an implementer under Article 11 (1) by any unlawful means; |
| 3. | Any person who obtains authorization of an implementation plan under Article 17 (2) by any unlawful means |
| 4. | Any person who supplies land retaining original features without obtaining approval of a supply plan thereof under Article 25-2 (1) and (2), or obtains approval by any unlawful means; |
| 5. | Any person who sells land retaining original features, in violation of Article 25-2 (6). |
| Article 81 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
| 1. | Any person who implements an urban development project without authorization of an implementation plan under Article 17 (2); |
| 2. | Any person who supplies developed land, etc. without submitting a supply plan of such developed land, etc. under Article 26 (1); |
| 3. | Any person who uses the developed land, etc. without permission for use under the proviso to Article 53. |
| Article 82 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 9862, Dec. 29, 2009>
| 1. | Any person who inflicts losses on an implementer or persons who sells the developed land, etc. as he/she has neglected the supervision of works under Article 20 (2) intentionally or by negligence and incurs the construction of unlawful works on an urban development project; |
| 2. | Any construction contractor or implementer who continues to engage in works on an urban development project despite receipt of a corrective notice, in violation of Article 20 (4); |
| 3. | Any person who violates a disposition or order to take measure under Article 75, such as designation of an implementer, revocation of authorization, etc. of an implementation plan, suspension of works, rebuilding or removal of buildings, etc. and obstacles, etc. |
| Article 83 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent, employee, or other servant of a corporation or an individual commits any violation provided in Articles 80 through 82 in connection with the affairs of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be sentenced to a fine under the same Articles: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant affairs to prevent such violation. [This Article Wholly Amended by Act No. 9862, Dec. 29, 2009]
| Article 84 (Persons Deemed Public Officials for Purposes of Penalty Provisions) |
| Article 85 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding ten million won: |
| 1. | Any person who refuses, interferes with, or evades a survey or measurement under Article 6; |
| 2. | A person who performs any act provided in Article 64 (1) without permission or consent under Article 64 (2) through (4); |
| 3. | A person who refuses, interferes with, or evades an inspection under Article 74 (1). |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 11068, Sep. 30, 2011> |
| 1. | Any association that performs affairs other than urban development projects; |
| 3. | Any person who fails to give notice under Article 40 (5); |
| 4. | Any person who has access to any third person' land, in violation of Article 64 (6); |
| 5. | Any person who fails to transfer relevant documents or drawings under Article 72 (4); |
| 6. | Any person who fails to file a report under Article 74 (1) or files a false report; |
| 7. | Any person who fails to submit data under Article 74 (1) or submits false data. |
| (3) | Administrative fines provided in paragraph (1) or (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, the relevant Mayor/Do Governor and the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 9862, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013> |
| (4) | through (6) Deleted. <by Act No. 9862, Dec. 29, 2009> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on April 12, 2008: Provided, That the amended provisions of Article 19 (1) 14 shall enter into force on May 26, 2008, the amended provisions of Article 19 (1) 4 shall enter into force on June 28, 2008, the amended provisions of Article 19 (1) 28 shall enter into force on August 28, 2008, the amended provisions of Article 21 (2) shall enter into force six months after the date of its promulgation, Article 9 (19) of Addenda shall enter into force on December 28, 2008, and the amended provisions of Article 12 (4) shall enter into force on February 4, 2009. Article 2 (Transitional Measure concerning Enforcement Date)
Until the amended provisions of Articles 12 (4), 19 (1) 4, 14, and 28, 21 (2) enter into force, the previous Articles 12 (4), 19 (1) 4, 14, and 28, and 21 (2) corresponding thereto shall apply. Article 3 (Applicability to Restrictions on Acts in Area where Public Announcement for Hearing Opinions of Inhabitants, etc. is made)
A restriction on any act in the area where public announcement for hearing of the opinions of inhabitants, etc. is made from among the amended provisions of Article 9 (5) shall apply beginning with the first public announcement for hearing of the opinions of inhabitants, etc. to be made after this Act enters into force. Article 4 (Applicability to Supervision on Construction of Urban Development Projects)
The amended provisions of Article 20 shall apply from the first urban development zone which is designated on or after October 12, 2007, the date on which the amended provisions of Article 19-2 of the Urban Development Act (Act No. 8376) enter into force. Article 5 (Applicability to Requirements for Expropriation or Use of Land, etc.)
The amended provisions of the proviso to Article 22 (1) shall apply to the first urban development zone designated on or after April 12, 2008, the date on which the amended provisions of Article 21 (1) of the Urban Development Act (Act No. 8376) enter into force. Article 6 (Transitional Measure concerning Land Division and Rearrangement Projects)
| (1) | From among plans for the land division and rearrangement projects determined by the urban planning under the previous Urban Planning Act (Act No. 5982) as at the time of July 1, 2003, the date on which the amended provisions in the Urban Development Act (Act No. 6853) enter into force, the determination of modifying the same planning for the districts for which authorization for implementation have been obtained or the period of application has been assigned under Articles 9, 10, 16, and 32 of the Land Division and Rearrangement Projects Act (Act No. 5904) shall comply with the previous Urban Planning Act (Act No. 5982), the implementation shall comply with the Land Division and Rearrangement Projects Act (Act No. 5904) respectively, in cases other than those, it shall be deemed that urban development zones have been designated under Article 3 of the Urban Development Act, a development plan has been formulated under Article 4 of the same Act, and district unit planned zones have been designated under Article 42 of the Urban Planning Act, in such cases, the method of implementation of projects shall be in accordance with the method of replotting under the amended provisions of Article 21 of the Urban Development Act. |
| (2) | Unsold land allotted by the authorities in recompense for development outlay arising from the implementation of land division and rearrangement projects undergoing implementation under the Land Division and Rearrangement Projects Act (Act No. 5904) and proceeds, such as the balance of implementation of uncollected liquidation money, shall devolve on the special accounting for urban development under the amended provisions of Article 60 (1) of the Urban Development Act on the date prescribed by ordinance of the relevant City/Do or Si/Gun within the extent of five years. |
Article 7 (General Transitional Measure concerning Disposition, etc.)
Acts conducted by an administrative agency or acts conducted in relation to an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed acts conducted by an administrative agency or acts conducted in relation to an administrative agency under this Act corresponding thereto.
Article 8 (Transitional Measures Concerning Penalty Provisions or Administrative Fines)
Acts performed before this Act enters into force shall be governed by the previous provisions in applying penalty provisions or administrative fines.
Article 9 Omitted.
Article 10 (Relationship with other Acts)
Where the previous Urban Development Act or the provisions thereof have been cited by other Acts as at the time this Act enters into force, if provisions corresponding thereto exist in this Act, it shall be deemed that this Act or the corresponding provisions of this Act have been cited in lieu of the previous provisions.
ADDENDA <Act No. 9044, Mar. 28, 2008>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 55 (2) shall enter into force on April 12, 2008. |
| (2) | (Applicability to Designation, etc. of Urban Development Zone) The amended provisions Concerning designation, etc. of urban development zones in Articles 3 (1), (2) and (4), 4 (2), 7 (1), 8 (1), 9 (1) and (3), 10 (4), 11 (2), 17 (3), 18 (1) and 26 (1) shall apply from the first urban development zone which is designated after this Act enters into force. |
| (3) | (Applicability to Installation of and Expenses for Electrical Facilities) The amended provisions of Article 55 shall apply from the electrical facilities the first implementation plan of which has been authorized after this Act enters into force. |
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. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9862, Dec. 29, 2009>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Cancellation of Designation and Approval of Urban Development Zones by Minister of Land, Transport and Maritime Affairs) The amended provisions of the latter part of the head sentence of Article 3 (1) shall apply from the first urban development zone designated after this Act enters into force. |
| (3) | (Applicability to Designation of Urban Development Zones by Head of Large Si) The amended provisions of Article 3 (1) 2 shall apply from the first urban development zone designated after this Act enters into force. |
| (4) | (Applicability to Conditions for Permission of Removal or Clearance of Buildings) The amended provisions of Article 38 (2) shall apply from the first permission of removal or clearance of the buildings by the Special Self-Governing Province Governor, the head of Si/Gun/Gu after this Act enters into force. |
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10221, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
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. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
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. 11068, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Temporary Exemption from Obligation to Purchase Urban Development Bonds)
Notwithstanding Article 63 (1), the obligation to purchase urban development bonds shall be exempted until December 31, 2012. Article 3 (Applicability to Development Projects, etc. by Phased Development Method)
The amended provisions of Articles 3-2, 5 (1) 15, 6 (1), 21-2, and 21-3 (excluding paragraph (4)) shall apply from the first urban development zone to be designated after this Act enters into force. Article 4 (Applicability to Supply Prices of Land for Revitalizing Urban Development Projects)
The amended provisions of Articles 27 (2) shall apply from the first authorization of an implementation plan or the first modification to an implementation plan pursuant to Article 17 to be granted or made after this Act enters into force. Article 5 (Applicability to Multi-Level Replotting)
The amended provisions of Articles 32, 32-2 and 32-3 shall apply to the first replotting plan to be prepared pursuant to Article 28 after this Act enters into force.
ADDENDA <Act No. 11186, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Procedures for Consultation among Relevant Administrative Agencies)
The amended provisions of Article 19 (3) and (4) of the partially amended Urban Development Act (Act No. 11068) shall apply from the first application for an implementation plan to be filed pursuant to Article 17 after this Act enters into force.
ADDENDUM <Act No. 11650, Mar. 22, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11794, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 26 Omitted.
ADDENDUM <Act No. 11923, Jul. 16, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12251, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12641, May 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Imposition and Collection, etc. of Additional Charges)
The amended provisions of paragraphs (6) through (8) of Article 58 shall apply, beginning with the first person who receives the notification that he/she shall bear the expenses incurred in building the infrastructure under paragraphs (1) and (3) of the same Article after this Act enters into force.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That from among the Acts amended pursuant to Article 6 of the Addenda, the amendments to the Acts which were promulgated before this Act enters into force but the date on which they are to enter have not yet to arrive, shall enter into force on the date on which the respective Act enters into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12989, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 13479, Aug. 11, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13498, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13499, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Articles 2 through 16 Omitted.
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. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted.)
Articles 2 through 7 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. 14795, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
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 part of an Act which was promulgated before the enforcement of this Act, but the enforcement date of which has not arrived yet, among the Acts amended by Article 5 of the Addenda, shall enter into force on the respective enforcement date of the relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15600, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Disqualifications for Persons under Adult Guardianship or Limited Guardianship)
Persons under adult guardianship or limited guardianship referred to in the amended provisions of Article 14 (3) 1 shall include those for whom the adjudication of incompetence or quasi-incompetence remains in effect under Article 2 of the Addenda of the Civil Act (Act No. 10429).