ACT ON SPECIAL MEASURES FOR THE MAINTENANCE OF BUILDINGS NEGLECTED FOR LONG PERIOD AFTER DISCONTINUANCE OF CONSTRUCTION
Act No. 11796, May 22, 2013
Amended by Act No. 13787, Jan. 19, 2016
Act No. 14794, Apr. 18, 2017
Act No. 15723, Aug. 14, 2018
The purpose of this Act is to prescribe matters necessary for implementing maintenance projects for buildings neglected for a long period after discontinuance of construction, thereby improving the aesthetics of sites where construction works have been discontinued, ensuring the safety of such sites and enhancing the efficiency of use of national land.
The terms used in this Act are defined as follows: <Amended by Act No. 13787, Jan. 19, 2016; Act No. 14794, Apr. 18, 2017>
| 1. | The term "building neglected after discontinuance of construction" means either a building under construction or substantial repair after the commencement of construction works is reported pursuant to Article 21 of the Building Act or a building under construction or substantial repair after the commencement of construction works under Article 16 (2) of the Housing Act, the construction works of which are found to have been discontinued for a total of at least two years in a fact-finding survey conducted under Article 4; |
| 1-2. | The term "building, etc. neglected after discontinuance of construction" means a building neglected after discontinuance of construction and rights thereto other than ownership thereof, as well as the site of such building required for implementing a maintenance project, standing timber and structures fixed at the site, other articles, and rights thereto other than ownership thereof; |
| 2. | The term "maintenance projects" means a series of projects that the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") implements by demolishing any building neglected after discontinuance of construction or completing its construction by any of the following maintenance methods according to a maintenance plan for buildings neglected after discontinuance of construction provided for in Article 6 to improve aesthetics, control safety and prevent crimes and thereby utilizes the relevant land or building: |
| (a) | An order for demolition or vicarious execution provided for in Article 7; |
| (b) | Subsidizing or financing construction costs pursuant to Article 8; |
| (d) | Granting tax reductions or exemptions pursuant to Article 10; |
| (e) | Demolishing a building neglected after discontinuance of construction, construction of a new building, or resuming construction works under Article 12; |
| (f) | Demolishing a building, constructing a new building, or resuming construction works through an entrusted project provided for in Article 12-2; |
| (g) | Resuming construction works through a project implemented by a project agent under Article 12-3; |
| 4. | The term "person involved in construction" means a designer, project supervisor, contractor, or related specialized engineer defined in Article 2 (1) of the Building Act; |
| 5. | The term "interested party" means a person who holds a right to a building neglected after discontinuance of construction other than ownership thereof, such as a real right granted by way of security. |
| Article 3 (Relationship to Other Statutes) |
| (1) | This Act shall take precedence over other statutes regarding maintenance projects. |
| Article 4 (Fact-Finding Surveys on Buildings Neglected after Discontinuance of Construction) |
| (1) | The Minister of Land, Infrastructure and Transport shall conduct a fact-finding survey on buildings neglected after discontinuance of construction (hereinafter referred to as "fact-finding survey") every three years in relation to the following matters: <Amended by Act No. 14794, Apr. 18, 2017> |
| 1. | Status of the locations of buildings neglected after discontinuance of construction by region; |
| 2. | The progress of construction and period of discontinuance of construction by building neglected after discontinuance of construction; |
| 3. | Direct and indirect causes of discontinuing construction by building neglected after discontinuance of construction; |
| 4. | Status of legal relationship by building neglected after discontinuance of construction; |
| 5. | Any other matters prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may designate a specialized institution prescribed by Presidential Decree to conduct a fact-finding survey under paragraph (1) on his/her behalf. <Newly Inserted by Act No. 13787, Jan. 19, 2016> |
| (3) | The Minister of Land, Infrastructure and Transport or the head of a specialized institution which conducts a fact-finding survey on his/her behalf pursuant to paragraph (2) may request the relevant project owner, a person involved in construction, or an interested party to submit necessary data to conduct the fact-finding survey under paragraph (1) and may enter construction sites, such as buildings and sites, to inspect matters necessary for the fact-finding survey. <Newly Inserted by Act No. 13787, Jan. 19, 2016> |
| (4) | The method and procedures for conducting fact-finding surveys and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 13787, Jan. 19, 2016> |
| Article 5 (Formulation, etc. of Master Plans to Maintain Buildings Neglected after Discontinuance of Construction) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a master plan to maintain buildings neglected after discontinuance of construction (hereinafter referred to as "master plan"), including the following matters, every three years based on the findings of a fact-finding survey; and shall finalize the master plan upon consultation with the heads of related central administrative agencies and subject to deliberation by the building committee established under the Ministry of Land, Infrastructure and Transport pursuant to Article 4 of the Building Act. The same shall also apply to any amendment to the master plan: <Amended by Act No. 14794, Apr. 18, 2017> |
| 1. | Direction-setting for national policies on maintenance of buildings neglected after discontinuance of construction; |
| 2. | Direction-setting for formulating maintenance plans for buildings neglected after discontinuance of construction referred to in Article 6; |
| 3. | Rough standards for determining maintenance of buildings neglected after discontinuance of construction as well as maintenance methods for such buildings; |
| 4. | A financial assistance plan for maintenance projects; |
| 5. | Any other matters prescribed by Presidential Decree, which are necessary to maintain buildings neglected after discontinuance of construction. |
| (2) | The Minister of Land, Infrastructure and Transport shall notify without delay the heads of related central administrative agencies and the Mayor/Do Governor having jurisdiction over the location of the relevant building neglected after discontinuance of construction of the master plan finalized pursuant to paragraph (1); and shall publicly notify it in the Official Gazette. |
| Article 6 (Formulation, etc. of Maintenance Plans for Buildings Neglected after Discontinuance of Construction) |
| (1) | Upon receipt of notice of a master plan under Article 5 (2), a Mayor/Do Governor shall formulate a maintenance plan for buildings neglected after discontinuance of construction (hereinafter referred to as "maintenance plan"), including the following matters, based on the master plan without delay: <Amended by Act No. 14794, Apr. 18, 2017> |
| 1. | Basic direction-setting for maintenance projects; |
| 2. | Period for maintenance projects; |
| 3. | Standards for determining the maintenance of buildings neglected after discontinuance of construction and maintenance methods for such buildings; |
| 4. | Maintenance and maintenance methods by building neglected after discontinuance of construction; |
| 5. | A plan to sell or utilize the land remaining after buildings neglected after discontinuance of construction are demolished pursuant to Article 12 (1) or buildings the construction of which has been completed; |
| 6. | A plan to settle accounts for the owners and interested parties of buildings, etc. neglected after discontinuance of construction; |
| 6-2. | Details of a building, etc. neglected after discontinuance of construction which are subject to acquisition pursuant to Article 11, if any; |
| 7. | A financial assistance plan for maintenance projects; |
| 8. | Any other matters prescribed by Presidential Decree, which are necessary to implement maintenance projects. |
| (2) | Where a Mayor/Do Governor formulates or amends a maintenance plan, he/she shall hold a briefing session for the relevant project after notifying the project owner of the relevant building neglected after discontinuance of construction, persons involved in construction, and interested parties of a draft maintenance plan in writing; and shall consult thereon with the head of a Si/Gin/Gu having jurisdiction over the location of the building (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu"); and shall hear the opinion of the local council. In such cases, the local council shall state its opinion within 60 days; and shall be deemed to have no opinion unless it states its opinion by the time limit. |
| (3) | After hearing the opinion of the local council pursuant to paragraph (2), the Mayor/Do Governor shall finalize the maintenance plan, subject to deliberation by the building committee established in the relevant local government pursuant to Article 4 of the Building Act: Provided, That this shall not apply to any amendment to insignificant matters prescribed by Presidential Decree. |
| (4) | The Mayor/Do Governor shall publicly notify the maintenance plan finalized pursuant to paragraph (3) in the Official Gazette of the relevant local government without delay, report it to the Minister of Land, Infrastructure and Transport according to the method and procedures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and notify the head of a Si/Gun/Gu thereof. |
| Article 7 (Order for Demolition, etc.) |
| (1) | Where a Mayor/Do Governor deems it inevitable to demolish a building neglected after discontinuance of construction because the building degrades the aesthetics of the construction site and threatens safety, he/she may issue an order for its demolition to the project owner of the building according to the relevant maintenance plan. In such cases, permission granted pursuant to Article 11 (1) of the Building Act or a report filed pursuant to Article 14 (1) of the same Act shall be deemed revoked or invalidated. |
| (2) | Where a project owner fails to comply with an order for demolition issued pursuant to paragraph (1), the competent Mayor/Do Governor may perform vicarious execution pursuant to the Administrative Vicarious Execution Act. In such cases, the Mayor/Do Governor may use the security bond the relevant project owner has deposited pursuant to Article 13 (2) of the Building Act as expenses of vicarious execution; and may additionally collect the difference between the expenses of vicarious execution and the security bond pursuant to Article 6 of the Administrative Vicarious Execution Act if the expenses are exceeding the security bond. |
| Article 7-2 (Order to Take Safety Measures) |
Where deemed necessary to ensure the safety of a building, etc. neglected after discontinuance of construction as a result of a fact-finding survey, a Mayor/Do Governor may issue an order to take any of the following measures to the relevant project owner:
| 1. | Installing and maintaining safety fences, etc. to control access to the construction site as well as installing warnings; |
| 2. | Preventing structures, temporary materials, etc. of a building, etc. neglected after discontinuance of construction from falling off, collapsing or scattering; |
| 3. | Pumping out stagnant water from structures or excavation pits; |
| 4. | Measures to ensure the stability of underground sheathing and retaining walls; |
| 5. | Any other measures against threats to the safety of local residents posed by a building, etc. neglected after discontinuance of construction. |
[This Article Newly Inserted by Act No. 14794, Apr. 18, 2017]
| Article 8 (Subsidization, etc. for Construction Costs) |
| (1) | Where a Mayor/Do Governor deems it necessary to resume construction of a building neglected after discontinuance of construction, comprehensively taking account of its architectural and aesthetic value, the possibility of utilizing the building through converting it to a building for public use, etc., he/she may arrange a new project owner; or may partially subsidize or finance the construction costs for the project owner within budgetary limits according to the relevant maintenance plan. |
| (2) | The standards and procedures for subsidizing or financing construction costs pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 9 (Conciliation of Disputes) |
| (1) | A Mayor/Do Governor may conciliate disputes among the project owner of a building neglected after discontinuance of construction, persons involved in construction and interested parties to resume construction of such building. |
| (2) | The project owner of a building neglected after discontinuance of construction, any person involved in construction, or any interested party may file an application for conciliation with the competent Mayor/Do Governor pursuant to paragraph (1). |
| (3) | A Mayor/Do Governor may delegate conciliation of disputes provided for in paragraph (1) to the working committee for conciliation of construction disputes established under Article 88 (1) of the Building Act. <Amended by Act No. 13787, Jan. 19, 2016> |
| (4) | Detailed procedures and methods for conciliating disputes pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 10 (Tax Reductions and Exemptions) |
A local government may grant a reduction of or exemption from acquisition tax to a person who intends to acquire a building, etc. neglected after discontinuance of construction to construct a new building or resume construction pursuant to the Restriction of Special Local Taxation Act. <Amended by Act No. 14794, Apr. 18, 2017>
| Article 11 (Acquisition of Buildings, etc. Neglected after Discontinuance of Construction) |
| (2) | A purchase price individually agreed upon under paragraph (1) shall be determined by mutual agreement of the parties based on an amount evaluated considering the location, shape, environment, usage, etc. of the building, etc. neglected after discontinuance of construction subject to purchase. In such cases, the timing, method, etc. for calculating the evaluated amount, which serves as a basis for the purchase price, shall be prescribed by Presidential Decree. <Amended by Act No. 14794, Apr. 18, 2017> |
| (4) | The standards and procedures for indemnification following the implementation of maintenance projects may be separately prescribed by Presidential Decree. <Amended by Act No. 14794, Apr. 18, 2017> |
| Article 12 (Maintenance of Acquired Buildings Neglected after Discontinuance of Construction) |
| (1) | Where a Mayor/Do Governor or an entrusted business entity referred to in Article 12-2 acquires a building, etc. neglected after discontinuance of construction pursuant to Article 11 (1), he/she shall demolish the building, construct a new building, or resume construction works without delay according to the relevant maintenance plan. <Amended by Act No. 14794, Apr. 18, 2017> |
| Article 12-2 (Implementation of Entrusted Projects) |
| (1) | To efficiently implement maintenance projects, a Mayor/Do Governor may designate an entrustment business entity (hereinafter referred to as "entrusted business entity") from among the following persons to entrust it with all or some of the affairs concerning acquiring buildings, etc. neglected after discontinuance of construction under Article 11 and maintenance of buildings neglected after discontinuance of construction under Article 12: <Amended by Act No. 14794, Apr. 18, 2017> |
| 2. | A local government-invested public corporation incorporated to implement housing projects pursuant to the Local Public Enterprises Act (hereinafter referred to as "local government-invested public corporation"); |
| 3. | A corporation a person specified in subparagraph 1 or 2 has incorporated by making an investment exceeding 50/100 of the total equity. |
| (2) | Upon the designation of an entrusted business entity pursuant to paragraph (1), a Mayor/Do Governor shall prepare an agreement on entrusted projects prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including the following matters, upon consultation with the entrusted business entity; and shall publicly notify the major information prescribed by Presidential Decree in the Official Gazette of the relevant local government: <Amended by Act No. 14794, Apr. 18, 2017> |
| 1. | The relevant entrusted business entity; |
| 2. | Matters specified in Article 6 (1) 1 through 8 (limited to relevant matters); |
| 3. | The scope of entrustment; |
| 4. | A detailed list of buildings, etc. neglected after discontinuance of construction subject to acquisition; |
| 5. | Income and expenditure expected to occur in relation to maintenance projects; |
| 6. | A compensation plan for interested parties; |
| 7. | Matters concerning support from the Mayor/Do Governor; |
| 8. | Any other matters prescribed by Presidential Decree. |
| (3) | Paragraph (2) shall apply mutatis mutandis to the procedures for amending the agreement on entrusted projects: Provided, That any amendment to insignificant matters prescribed by Presidential Decree shall be made through consultation between the competent Mayor/Do Governor and the relevant entrusted business entity. |
| (4) | Matters necessary for public notice of an entrusted project, the effect of determination on commencement of implementation thereof, the method for calculating estimated income and expenditure, business performance by an entrusted business entity, completion of an entrusted project and public notice thereof, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13787, Jan. 19, 2016]
| Article 12-3 (Designation, etc. of Project Agents) |
| (1) | Where it is deemed impracticable for a project owner to continue to perform construction works due to long discontinuance of construction, disputes over legal relationship, etc. and the following requirements are satisfied, the competent Mayor/Do Governor may designate a project agent that are to implement construction works on behalf of the project owner (hereinafter referred to as "project agent") from among the persons specified in Article 12-2 (1) 1 through 3; and may authorize such project agent to implement the relevant maintenance project: |
| 1. | The project owner must fully delegate the management and disposal of the relevant building and site to the project agent, and the project owner must give consent to the relevant compensation plan (including where the sum of the equity held by joint owners who have given consent thereto is at least 80/100, if the site is jointly owned); |
| 2. | The interested parties must delegate their rights to the relevant building, land, etc. to the project agent, and the interested parties must give consent to the relevant plan for the amount of compensation (including where the sum of the equity held by interested parties who have given consent thereto is at least 80/100, if at least two interested parties exist). |
| (2) | Upon the designation of a project agent pursuant to paragraph (1), a Mayor/Do Governor shall prepare an agreement on vicarious implementation of projects prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including the following matters, upon consultation with the project agent and shall publicly notify the major information prescribed by Presidential Decree in the Official Gazette of the relevant local government: |
| 1. | The relevant project agent; |
| 2. | Matters specified in Article 6 (1) 1 through 8 (limited to relevant matters); |
| 3. | The scope of vicarious implementation; |
| 5. | Any other matters prescribed by Presidential Decree. |
| (3) | Paragraph (2) shall apply mutatis mutandis to the procedures for amending the agreement on vicarious implementation of projects: Provided, That any amendment to insignificant matters prescribed by Presidential Decree shall be made through consultation between the competent Mayor/Do Governor and the relevant project agent. |
| (4) | Where the designation of a project agent is publicly notified pursuant to paragraph (2), the project agent shall be deemed to have obtained the status of a project owner defined in Article 2 (1) 12 of the Building Act for the relevant building, etc. neglected after discontinuance of construction and deemed to have succeeded to the rights and responsibilities of the project owner pursuant to relevant statutes or regulations. <Amended by Act No. 14794, Apr. 18, 2017> |
| (5) | A project agent shall file a report on commencement of construction works pursuant to Article 21 of the Building Act within 90 days from the date public notice is given pursuant to paragraph (2): Provided, That this shall not apply to cases prescribed by Presidential Decree, such as where the agreement on vicarious implementation of projects is amended. |
| (6) | A project agent may seize the site or structures to be vested in a project owner from the project owner to preserve the right to demand the repayment of remuneration or costs claimable against the project owner. |
| (7) | A project agent shall pay compensation to the relevant project owner and interested parties specified in each subparagraph of paragraph (1) before an application for approval for use is filed pursuant to Article 22 of the Building Act. |
| (8) | Matters necessary for public notice of vicarious implementation of a project; the effect of determination on commencement of implementation thereof; the method for calculating estimated income and expenditure; business performance by a project agent; completion of vicarious implementation of the project and public notice thereof; and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13787, Jan. 19, 2016]
| Article 12-4 (Special Exceptions, etc. to Maintenance Projects for Neglected Buildings) |
| (1) | A Mayor/Do Governor may ease any of the following standards when applying them to buildings neglected after discontinuance of construction for which maintenance is conducted by an entrusted business entity referred to in Article 12-2 or a project agent referred to in Article 12-3: |
| 3. | Any other standards prescribed by ordinance of the relevant local government pursuant to the delegation provisions of relevant statutes or regulations (if the relevant statutes regulations set the limit that can be prescribed by ordinances, such limit shall not be exceeded). |
| (3) | Article 73 of the Building Act shall apply mutatis mutandis to application, etc. of construction standards to buildings neglected after discontinuance of construction. |
| (4) | Where expenditure is exceeding income as in the course of the settlement of accounts of any maintenance project provided for in Article 12-2 or 12-3, the competent Mayor/Do Governor may request that expenditure for other maintenance projects implemented in his/her jurisdiction by the relevant entrusted business entity or project agent be calculated in consideration of such excess expenditure. |
| (5) | Any surplus accruing from maintenance projects shall be assigned to the Maintenance Fund for Buildings Neglected after Discontinuance of Construction provided for in Article 13. <Amended by Act No. 14794, Apr. 18, 2017> |
| (6) | Where a person specified in Article 12-2 (1) 3 among entrusted business entities and project agents implements a maintenance project, Korea Land and Housing Corporation or a local government-invested public corporation may supervise the construction of a new building or the resumption of construction works, notwithstanding the Construction Technology Promotion Act: Provided, That the standards for posting supervisors, the price for supervision, and other matters shall be governed by the Construction Technology Promotion Act. <Newly Inserted by Act No. 14794, Apr. 18, 2017> |
[This Article Newly Inserted by Act No. 13787, Jan. 19, 2016]
| Article 13 (Establishment of Maintenance Fund for Buildings Neglected after Discontinuance of Construction) |
| (1) | A Mayor/Do Governor having jurisdiction over the locations of buildings neglected after discontinuance of construction shall establish the Maintenance Fund for Buildings Neglected after Discontinuance of Construction (hereinafter referred to as the "Maintenance Fund") to seamlessly implement maintenance projects; and the head of a Si/Gun/Gu may establish and operate the Maintenance Fund if necessary to provide support, etc. to maintenance projects implemented in his/her jurisdiction. <Amended by Act No. 14794, Apr. 18, 2017> |
| (2) | The Maintenance Fund shall be raised by any of the following funding categories: <Amended by Act No. 13787, Jan. 19, 2016; Act No. 14794, Apr. 18, 2017> |
| 1. | Contributions or donations by the Government or persons other than the Government; |
| 2. | Expenses of vicarious execution collected pursuant to Article 7 (2); |
| 3. | Surplus accruing from the settlement of accounts of maintenance projects provided for in Article 12 (1), 12-2, or 12-3; |
| 4. | Revenues accruing from the operation of the Maintenance Fund; |
| 4-2. | An amount equivalent to the share prescribed by ordinance of the relevant local government in the enforcement fines imposed and collected pursuant to Article 80 of the Building Act; |
| 5. | Any other revenues prescribed by Presidential Decree. |
| (3) | The Maintenance Fund shall be used for any of the following purposes: <Amended by Act No. 13787, Jan. 19, 2016; Act No. 14794, Apr. 18, 2017> |
| 1. | Vicarious execution provided for in Article 7 (2); |
| 2. | Subsidizing or financing construction costs pursuant to Article 8; |
| 3. | Paying compensation to the project owners and interested parties of buildings, etc. neglected after discontinuance of construction which are acquired pursuant to Article 11; |
| 4. | Demolishing buildings neglected after discontinuance of construction, constructing new buildings, or resuming construction works pursuant to Article 12, 12-2, or 12-3; |
| 5. | Incidental expenses incurred in operating and managing the Maintenance Fund; |
| 5-2. | Offsetting losses from maintenance projects; |
| 6. | Any other uses prescribed by Presidential Decree, which are necessary to seamlessly implement maintenance projects. |
| (4) | The Government shall contribute the Maintenance Fund to seamlessly implement maintenance projects, as prescribed by Presidential Decree. |
| (5) | Any other matters necessary for operating and managing the Maintenance Fund shall be prescribed by Presidential Decree. |
| Article 13-2 (Establishment and Operation of Maintenance Support Organization) |
| (1) | To efficiently implement maintenance projects, the Minister of Land, Infrastructure and Transport may establish a maintenance support organization (hereinafter referred to as the "Maintenance Support Organization") or designate it from among the following persons: |
| 3. | Any other persons prescribed by Presidential Decree. |
| (2) | The Maintenance Support Organization shall engage in any of the following activities: <Amended by Act No. 14794, Apr. 18, 2017> |
| 1. | Support for fact-finding surveys on buildings neglected after discontinuance of construction; |
| 2. | Support for formulating master plans to maintain buildings neglected after discontinuance of construction as well as maintenance plans therefor; |
| 3. | Implementing maintenance projects; |
| 5. | Any other activities prescribed by the Minister of Land, Infrastructure and Transport. |
| (3) | Where any surplus revenues accrue from implementing maintenance projects, the Maintenance Support Organization shall manage such revenues in a separate account. In such cases, the revenues shall be used only for maintenance projects. |
[This Article Newly Inserted by Act No. 13787, Jan. 19, 2016]
| Article 13-3 (Implementation of and Support for Leading Projects to Maintain Buildings Neglected after Discontinuance of Construction) |
| (1) | The Minister of Land, Infrastructure and Transport may implement a leading project to facilitate maintenance projects. In such cases, the Minister of Land, Infrastructure and Transport shall consult with the Mayor/Do Governor having jurisdiction over the relevant building neglected after discontinuance of construction. <Amended by Act No. 14794, Apr. 18, 2017> |
| (2) | In implementing a leading project pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall formulate a plan for the leading project. <Newly Inserted by Act No. 14794, Apr. 18, 2017> |
| (3) | The Minister of Land, Infrastructure and Transport may provide financial and administrative assistance to Cities/Dos, entrusted business entities, project agents, the Maintenance Support Organization, etc. participating in leading projects under paragraph (1). <Amended by Act No. 14794, Apr. 18, 2017> |
| (4) | Articles 11 and 12 shall apply mutatis mutandis to the acquisition and maintenance of buildings neglected after discontinuance of construction which are necessary to implement leading projects. In such cases, "maintenance projects" provided for in Article 11 shall construed as "leading projects"; "publicly notify" under Article 6 (4), as "publicly notify the plan for leading projects"; and "maintenance plan" provided for in Article 11 or 12, as "plan for leading projects". <Newly Inserted by Act No. 14794, Apr. 18, 2017> |
| (5) | Matters concerning formulating plans for leading projects under paragraph (2); public notice thereof, procedures for implementing the projects; and other matters shall be prescribed by Presidential Decree. <Amended by Act No. 14794, Apr. 18, 2017> |
[This Article Newly Inserted by Act No. 13787, Jan. 19, 2016]
| Article 14 (Delegation of Authority) |
| (1) | A Mayor/Do Governor may delegate part of his/her authority bestowed by this Act to the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | Deleted. <by Act No. 13787, Jan. 19, 2016> |
| Article 15 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Newly Inserted by Act No. 15723, Aug. 14, 2018]
| Article 16 (Penalty Provisions) |
A project owner who violates Article 7 (1) or 7-2 shall be punished by imprisonment with labor of up to two years or by a fine of up to 100 million won. [This Article Newly Inserted by Act No. 14794, Apr. 18, 2017]
ADDENDUM
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 13787, Jan. 19, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14794, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 11 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Supervision of Maintenance Projects)
The amended provisions of Article 12-4 (6) shall begin to apply from the first maintenance project implemented after this Act enters into force.
ADDENDUM <Act No. 15723, Aug. 14, 2018>
This Act shall enter into force on the date of its promulgation.