ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE DEVELOPMENT OF TRADITIONAL MARKETS AND SHOPPING DISTRICTS
Wholly Amended by Presidential Decree No. 19720, Oct. 27, 2006
Amended by Presidential Decree No. 20390, Nov. 16, 2007
Presidential Decree No. 20728, Feb. 29, 2008
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 21098, Oct. 29, 2008
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21771, Oct. 7, 2009
Presidential Decree No. 22221, jun. 28, 2010
Presidential Decree No. 22885, Apr. 6, 2011
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 24317, Jan. 16, 2013
Presidential Decree No. 24432, Mar. 23, 2013
Presidential Decree No. 24587, jun. 11, 2013
Presidential Decree No. 24867, Nov. 20, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 26248, May 26, 2015
Presidential Decree No. 26465, Aug. 3, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 26928, Jan. 22, 2016
Presidential Decree No. 27444, Aug. 11, 2016
Presidential Decree No. 27473, Aug. 31, 2016
Presidential Decree No. 27523, Sep. 29, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28067, May 29, 2017
Presidential Decree No. 28213, Jul. 26, 2017
Presidential Decree No. 28628, Feb. 9, 2018
Presidential Decree No. 29553, Feb. 12, 2019
Presidential Decree No. 29809, jun. 4, 2019
| Article 2 (Standards for Traditional Markets) |
| (2) | "Criteria prescribed by Presidential Decree" in subparagraph 1 (c) of Article 2 of the Act means any of the following places: <Newly Inserted by Presidential Decree No. 24587, Jun. 11, 2013> |
| 1. | A place in which the total land area occupied by buildings and convenience facilities (including parking lots, toilets, logistics facilities, etc. but excluding roads; hereinafter the same shall apply) provided for shops engaging in wholesale business, retail business, or service business is at least 1,000 m2; |
| 2. | In the case of markets taking the form of commercial buildings or complex commercial buildings, a place in which the total floor area of buildings including business facilities and convenience facilities is at least 1,000 m2. |
| (3) | Any merchant that intends to have a zone to which a shop in which he/she conducts business belongs recognized as a traditional market (hereinafter referred to as "market") pursuant to subparagraph 1 of Article 2 of the Act shall file an application for such recognition with the competent Special Self-Governing City Mayor, the Governor of the competent Special Self-Governing Province or the head of the competent Si/Gun/Gu (in the case of the heads of Gus, referring to the heads of autonomous Gus; hereinafter referred to as the head of a Si/Gun/Gu"), obtaining consent in each of the following subparagraphs: Provided, That in cases where the owner of the land or buildings under subparagraph 2 or 3 is the State or a local government, the same shall not apply to consent under subparagraph 2 or 3: <Amended by Presidential Decree No. 22221, Jun. 28, 2010; Presidential Decree No. 24587, Jun. 11, 2013; Presidential Decree No. 29553, Feb. 12, 2019> |
| 1. | Consent of at least one half the merchants regularly conducting business in the relevant zone; |
| 2. | Consent of at least one half the landowners in the relevant zone (the total land area of the landowners who give consent shall be at least one half the total land area); |
| 3. | Consent of at least one half the building owners in the relevant zone. |
| (4) | The head of each Si/Gun/Gu that receives an application for markets pursuant to paragraph (3) shall, when approving that the standards under paragraphs (1) and (2), and subparagraph 1 (b) of Article 2 of the Act and the following requirements are satisfied, issue a certificate of recognition within 14 days from the date on which he/she receives such application: <Amended by Presidential Decree No. 22221, Jun. 28, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24587, Jun. 11, 2013> |
| 1. | A place recognized to have functioned as a market for the last ten years or more from the date on which the application is filed; |
| 2. | Deleted; <Presidential Decree No. 24587, Jun. 11, 2013> |
| 3. | A place recognized to function as a market for the next ten years in accordance with the City/Gun plan of Special Metropolitan Cities, Metropolitan Cities, Dos and Special Self-Governing Provinces (hereinafter referred to as "City/Do") or Sis/Gun/Gus (referring to autonomous Gus; hereinafter the same shall apply). |
| (5) | Matters necessary for procedures for the recognition of markets under paragraphs (3) and (4) shall be prescribed by Ordinance of the Ministry of SMEs and Startups. <Amended by Presidential Decree No. 20728, Feb. 29, 2008; Presidential Decree No. 24432, Mar. 23, 2013; Presidential Decree No. 24587, Jun. 11, 2013; Presidential Decree No. 28213, Jul. 26, 2017> |
| Article 3 (Merchants' Organization) |
"Corporation, organization, etc. prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Act means any of the following organizations: <Amended by Presidential Decree No. 22221, Jun. 28, 2010> | 4. | A corporation established by the merchants of markets, shopping districts or business district revitalization zones pursuant to the Civil Act. |
| Article 3-2 (Requirements for Business District Revitalization Zones) |
| (1) | "The number prescribed by Presidential Decree" in subparagraph 4 (c) of Article 2 of the Act means a number according to the following classifications: <Amended by Presidential Decree No. 26928, Jan. 22, 2016> |
| 1. | If the population of a Si (including administrative cities under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply in this paragraph)/Gun/Gu having jurisdiction over a zone intending to be designated as a business district revitalization zone (hereinafter referred to as "potential zone") is not less than 500,000, the number shall be 700; |
| 2. | If the population of a Si/Gun/Gu having jurisdiction over a potential zone is not more than 500,000 persons, the number shall be 400. |
| (2) | "Standards prescribed by Presidential Decree, such as reduction of sales" in subparagraph 4 (d) of Article 2 of the Act means the continuous reduction of sales amount of markets and shopping districts in potential zones as well as the population and number of business entities in the administrative Dongs (referring to administrative Dongs under Article 4-2 (4) of the Local Autonomy Act) to which potential zones belong for the last two years. |
[This Article Newly Inserted by Presidential Decree No. 22221, Jun. 28, 2010]
| Article 4 (Request for Submission of Information and Data for Establishment of Master Plan) |
The Minister of SMEs and Startups may request the head of the central administrative organ or the local government concerned to submit the information and data required for the establishment of the master plan for revitalizing marketplaces and shopping districts under Article 5 (1) of the Act no later than the end of October of the year before the commencement year of the master plan. <Amended by Presidential Decree No. 28213, Jul. 26, 2017>
| Article 5 (Subjects of Support for Shopping District Facility Modernization Projects, etc.) |
| (1) | The subjects of support for shopping district facility modernization projects under Article 11 (2) of the Act shall be the subjects of support for commercial infrastructure modernization projects under Article 9 (1) 2 and 3. |
| (2) | Any merchants' association or shopping district promotion cooperative that intends to receive support for shopping district facility modernization project under paragraph (1) shall prepare a shopping district revitalization promotion plan in which the following matters are included and submit it to the head of relevant Si/Gun/Gu pursuant to Article 11 (2) of the Act: |
| 1. | Matters concerning the method to promote the shopping district revitalization project; |
| 2. | Matters concerning the required budget and method to obtain financial resources; |
| 3. | Matters concerning effects expected after the completion of the project; |
| 4. | When obtaining the consent of landowners, building owners and merchants is necessary, matters concerning the method to obtain such consent; |
| 5. | Other matters necessary for the shopping district revitalization project. |
| (3) | Matters necessary for the follow-up management, etc. of the facilities of shopping district facility modernization projects, which are installed with support from the State and local governments may be governed by applying mutatis mutandis the provisions of ordinances of a Special Self-Governing Province or a Si/Gun/Gu under Article 9 (3) (hereinafter referred to as "Si/Gun/Gu") or be prescribed by separate ordinances of a Si/Gun/Gu. <Amended by Presidential Decree No. 22221, Jun. 28, 2010> |
| (4) | Matters regarding specific subjects of support for shopping district facility modernization projects, etc. shall be prescribed and publicly announced by the Minister of SMEs and Startups. <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| Article 6 (Size of Temporary Markets) |
"Area prescribed by Presidential Decree" in the proviso to Article 14 (1), excluding the subparagraphs, of the Act means one thousand square meters of the land area or one thousand square meters of the total floor area of buildings. <Amended by Presidential Decree No. 22221, Jun. 28, 2010>
| Article 6-2 (Standards for Young Merchants) |
“Young merchants falling under the standards prescribed by Presidential Decree” in Article 16 other than the subparagraphs means persons aged 39 or under who intend to start business or have started business in markets, shopping districts, or business district revitalization zones. [This Article Newly Inserted by Presidential Decree No. 28067, May 29, 2017]
| Article 7 (Exemption from or Reduction of Rent, etc. for Use of State-Owned or Public Property) |
The rent or fee for use, lease, possession, or occupation of the State-owned or public property under Article 18 (1) 1 of the Act (hereafter referred to as "rent, etc." in this Article) shall be exempt or reduced at one of the following rates depending on the classifications set forth in the subparagraphs below: | 1. | Rent, etc. for the State-owned property: Eighty percent of the rent, etc. under the State Property Act; |
| 2. | Rent, etc. for the public property: The exemption or reduction rate prescribed by Municipal Ordinance of the relevant local government within the limit of eighty percent of the rent, etc. under the Public Property and Commodity Management Act. |
| Article 8 (Public Facilities) |
"Public facilities prescribed by Presidential Decree" in Article 18 (2) 3 of the Act means collaborative stores, collaborative delivery centers, collaborative work sites and customers' resting areas.
| Article 8-2 (Subjects of Support, Limits of Support, etc. for Business District Revitalization Projects) |
| 1. | A project for the improvement of customers' accessibility, such as installation and improvement of public facilities and customers' convenience facilities and improvement of transportation systems, and for environmental improvements; |
| 2. | A joint project, such as joint marketing and joint development of products and designs; |
| 3. | A business district management project, such as utilization of vacant shops, cleaning and managing street stalls; |
| 4. | A project to attract customers, such as installing cultural facilities for customers or local residents and operating cultural programs; |
| 5. | A project to publicize business districts, such as creation of tourist (theme) streets and holding festivals and public relations events; |
| 6. | A project to repair old, worn-out or badly damaged infrastructure within business district revitalization zones. |
| (2) | When supporting a business district revitalization project pursuant to Article 19-7 (1) of the Act, the Minister of SMEs and Startups may set different limits of support or terms and conditions of support for each supporting project taking into account the scale of budgets for support, local government's level of financial independence, characteristics of designated business district revitalization zones, merchants' ability to raise business costs, etc. <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| (3) | Matters necessary for the follow-up management, etc. of facilities installed as part of business district revitalization projects pursuant to paragraph (1) shall be prescribed by ordinances of each Si/Gun/Gu on condition that such ordinance shall include the following matters: |
| 1. | Matters concerning the ownership of the facilities; |
| 2. | Matters concerning management, such as prevention of fires and safety accidents in the facilities; |
| 3. | Matters concerning fees charged on merchants or customers for the use of the facilities; |
| 4. | Matters concerning the processing of matters concerning authorization and permission necessary for business district revitalization projects en bloc. |
| (4) | Matters regarding the specific subjects and procedures of support, etc. for business district revitalization projects besides the matters prescribed by paragraphs (1) through (3) shall be prescribed and publicly announced by the Minister of SMEs and Startups. <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 22221, Jun. 28, 2010]
| Article 9 (Eligibility for Support to Commercial Infrastructure Modernization Projects, etc.) |
| (1) | The following works shall be eligible for support for a commercial infrastructure modernization project under Article 20 (1) of the Act (hereinafter referred to as "facility modernization project"): Provided, That commercial infrastructures in the marketplaces determined and announced by the Minister of SMEs and Startups, such as marketplaces or such included in the marketplaces subject to improvement approved and announced pursuant to Article 37 of the Act, shall be excluded therefrom: <Amended by Presidential Decree No. 21771, Oct. 7, 2009; Presidential Decree No. 26465, Aug. 3, 2015; Presidential Decree No. 28213, Jul. 26, 2017> |
| 1. | Commercial facilities provided directly for business and used by merchants in common: |
| (a) | Remodelling of the exterior walls of the market buildings; |
| (b) | Amelioration, maintenance, repairing of exterior or interior of the market building or facilities therein; |
| (c) | Reinforcement of buildings and facilities therein for safety; |
| (d) | Improvement, maintenance, and repairing of the facilities for fire prevention; |
| 2. | Common facilities used by merchants or customers in common: |
| (a) | Installation and improvement of rain canopies, common ware-houses, and facilities for education of merchants; |
| (b) | Installation and improvement of cooperative stores, cooperative delivery centers, and cooperative workshops; |
| (c) | Removal, relocation, and burying below the ground of utility poles and installation/improvement/repair of the safety facilities for electricity, gas, fire prevention, etc.; |
| (d) | Installation and improvement of cooling and heating facilities; |
| (e) | Installation and improvement of performance theaters and landscaping artifacts for the development of tourist (theme) streets; |
| 3. | Customer convenience facilities mainly used by customers: |
| (a) | Installation, expansion, and repairing of parking lots, access roads, etc.; |
| (b) | Installation, expansion, and repairing of customer support centers, toilets, etc.; |
| 4. | Public market: New construction, renovation, etc. of buildings, facilities, and their fixtures. |
| (2) | In providing support for the facility modernization projects under Article 20 (1) of the Act, the Minister of SMEs and Startups may set different limits, terms and conditions on the supports for each market or each facility modernization project, taking into account the amount of the budget for supports, the level of the local government's independence in finance, the features of the facility modernization project in the marketplace at issue, the merchants' ability to raise funds, and the ownership type of the marketplace at issue. <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| (3) | Matters necessary for the follow-up management of the facilities installed as part of the facility modernization project under paragraph (1) and the procedure for providing support for the facility modernization projects shall be prescribed by Municipal Ordinance of each Si/Gun/Gu, which shall cover the following matters: |
| 1. | Matters concerning ownership of the facilities installed as part of the facility modernization project; |
| 2. | Matters concerning prevention of fire and safe accidents in the facilities installed as part of the facility modernization project; |
| 3. | Matters concerning the rent, etc. charged on merchants or customers for the facilities; |
| 4. | Matters concerning the integrated processing of approval and permission necessary for the facility modernization projects. |
| (4) | To apply for the facility modernization project pursuant to Article 20 (2) of the Act, a consent shall be obtained in accordance with the classification prescribed as follows: <Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016> |
| 1. | A facility modernization project establishing a rain canopy: All of the following consents: |
| (a) | Consent of at least 4/5 of the merchants of the relevant market; |
| (b) | Consent of at least 9/10 of the owners and the superficiaries having domain of use of the land or buildings in the area on which a rain canopy is to be established; |
| 2. | Other facility modernization projects: |
| (a) | Where a merchant bears a certain portion of the cost required for a facility modernization project: Consent of at least 4/5 of the merchants of the relevant market; |
| (b) | Where a merchant does not bear any certain portion of the cost required for a facility modernization project: Consent of at least 3/5 of the merchants of the relevant market. |
| (5) | "Places satisfying criteria prescribed by Presidential Decree" in Article 20 (3) and the main sentence of Article 20-2 (1) of the Act means a place in which fires, building collapse, or other safety accidents have occurred or are feared to occur, falling under any of the following places: <Newly Inserted by Presidential Decree No. 24587, Jun. 11, 2013; Presidential Decree No. 26465, Aug. 3, 2015; Presidential Decree No. 27523, Sep. 29, 2016; Presidential Decree No. 29553, Feb. 12, 2019> |
| 1. | A place recognized to require installation/improvement by the head of the competent Si/Gun/Gu after inspecting safety facilities for electricity, gas, fire, etc. (hereafter referred to as "safety facilities" in this paragraph) upon receipt of a request for support referred to in Article 20 (3) of the Act from the representative of a corporation, organization, etc. consisting of merchants regularly and directly engaging in business; |
| 2. | A place recognized to require installation/improvement/repair of safety facilities by the head of the competent Si/Gun/Gu, etc. after inspecting dangerousness of public facilities referred to in paragraph (1) 2 ex officio. |
| (6) | Such matters as the details of eligibility for the facility modernization project, etc. shall be prescribed and publicly notified by the Minister of SMEs and Startups. <Amended by Presidential Decree No. 24587, Jun. 11, 2013; Presidential Decree No. 27523, Sep. 29, 2016; Presidential Decree No. 28213, Jul. 26, 2017> |
| Article 9-2 (Inspection of Safety Facilities) |
| (1) | Objects of inspections to be conducted for fire prevention and safety of a market (including places specified in any subparagraph of Article 9 (5); hereafter the same shall apply in this Article) under the main sentence of Article 20-2 (1) of the Act shall be as follows: |
| 1. | Safety facilities relating to electricity, gas, fire, etc.; |
| 2. | Rain canopies, warehouses, merchant education facilities, and other public facilities; |
| 4. | A parking lot, customer support center, and other convenience facilities for customers; |
| 5. | Any other facilities prescribed and publicly notified by the Minister of SMEs and Startups. |
| (2) | The Minister of SMEs and Startups shall formulate an inspection plan for the following year, including the following matters, by December 31 each year after consultation with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and the head of a Si/Gun/Gu: |
| 1. | Markets to be inspected in the relevant year; |
| 2. | Specific objects of inspection; |
| 4. | Matters concerning division of roles among the Minister of SMEs and Startups, a Mayor/Do Governor, and the head of a Si/Gun/Gu regarding inspections to be conducted; |
| 6. | Any other matters necessary for inspection. |
| (3) | If necessary, the Minister of SMEs and Startups, a Mayor/Do Governor, and the head of a Si/Gun/Gu may conduct irregular inspections, in addition to an inspection conducted under a plan formulated pursuant to paragraph (2) (hereinafter referred to as “regular inspection”). |
| (4) | The Minister of SMEs and Startups, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall conduct a regular inspection of each market at least once every three years. |
| (5) | Where the Minister of SMEs and Startups, a Mayor/Do Governor, and the head of a Si/Gun/Gu conducts a regular or irregular inspection, he/she shall notify relevant persons of the objects, date and time, reason, etc. of the inspection in writing. |
| (6) | A person who conducts an inspection pursuant to Article 20-2 of the Act shall carry an identification certificate indicating his/her authority and present it to the relevant person. |
| (7) | Where the Minister of SMEs and Startups determines matters necessary for inspection, except as provided in paragraphs (1) through (6), or entrusts inspection pursuant to Article 20-2 (2) of the Act, he/she shall publicly notify the details of such matters or inspection entrusted. |
[This Article Newly Inserted by Presidential Decree No. 29553, Feb. 12, 2019]
| Article 9-3 (Operation of Fire Cooperative Business for Traditional Markets) |
| (2) | For each fiscal year, the Corporation shall prepare, after deliberation and resolution by the operation committee of a fire cooperative project for traditional markets pursuant to Article 9-8 (1), an operation plan for the fire cooperative project (hereinafter referred to as “operation plan for a cooperative”) and report it to the Minister of SMEs and Startups by no later than December 10 of each year. <Amended by Presidential Decree No. 28213, Jul. 13, 2017; Presidential Decree No. 29553, Feb. 12, 2019> |
| (3) | The operation plan for a cooperative shall include the following matters: |
| 1. | A plan to fund a fire corporative project for traditional markets; |
| 2. | A plan to use funds of a fire corporative project for traditional markets; |
| 3. | Other projects deemed necessary by the outline for operation of a cooperative under Article 9-13 (1) (hereinafter referred to as “outline for cooperative operation”). <Amended by Presidential Decree No. 29553, Feb. 12, 2019> |
| (4) | Where the operation plan for a cooperative is altered, paragraph (2) shall apply mutatis mutandis. |
| (5) | The Corporation shall submit, by no later than March 31 of each year, to the Minister of SMEs and Startups a business performance report and a settlement report including a cooperative performance, etc. of a concerned business year. <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| (6) | The Corporation shall post on its Internet site a business performance report and a settlement report which have been submitted to the Minister of SMEs and Startups pursuant to paragraph (5). <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016]
| Article 9-4 (Funding, Managing, and Operating Funds) |
| (1) | Operation of a fire cooperative project for traditional markets shall be funded by the following financial sources: |
| 1. | A cooperative fee to be paid by members of a fire cooperative for traditional markets (hereinafter referred to as “cooperative fee”); |
| 2. | Borrowings for a fire cooperative for traditional markets; |
| 3. | Profits earned by operating a fire cooperative for traditional markets; |
| 4. | Contribution from corporations, groups, or other persons. |
| (2) | The Corporation shall manage the funds required for operating a fire cooperative project for traditional markets after separating the funds from other accounts of the Corporation. |
[This Article Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016]
| Article 9-5 (Fire Cooperative Business for Traditional Markets) |
To operate a fire cooperative for traditional markets, the Corporation shall perform the following businesses: <Amended by Presidential Decree No. 29553, Feb. 12, 2019>
| 1. | Payment of cooperative money where an event triggering the payment pursuant to Article 9-7 occurs to a person who has subscribed to a fire cooperative for traditional markets; |
| 2. | Incidental businesses related to the business under subparagraph 1, such as inspection of the safety facilities of traditional markets and shops having subscribed to membership of a fire cooperative for traditional markets. |
[This Article Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016]
| Article 9-6 (Subscription to Fire Cooperative for Traditional Markets) |
| (1) | Persons eligible to subscribe to a fire cooperative for traditional markets shall be the merchants and organizations of merchant who directly conduct business activities in a traditional market. |
| (2) | A person who intends to subscribe to a fire cooperative for traditional markets shall conclude a contract with the Corporation (hereinafter referred to as “cooperative agreement”) stipulating that the subscriber pay the cooperative fee as prescribed by the outline for cooperative operation and the Corporation receive the cooperative fee under Article 9-7. <Amended by Presidential Decree No. 29553, Feb. 12, 2019> |
| (3) | The date of subscription to a fire cooperative for traditional markets shall be the date the fire cooperative subscriber pays the first cooperative fee after he/she enters into a cooperative agreement. |
| (4) | A person who has subscribed to a fire cooperative for traditional markets shall pay the cooperative fee monthly or periodically, as prescribed by the outline for cooperative operation. |
| (5) | Upon promoting a project for revitalization of traditional markets, the State and local governments may preferentially treat a market having a high percentage of joining a fire cooperative for traditional markets and take other measures necessary to promote subscription to the fire cooperative for traditional markets. |
[This Article Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016]
| Article 9-7 (Events Triggering Mutual Aid and Payment of Cooperative Money) |
Where a subscriber to a fire cooperative for traditional markets has sustained property damage due to a fire at a traditional market or a shop having subscribed to the fire cooperative for traditional markets, the Corporation shall pay cooperative money to the aforementioned subscriber, as prescribed in the cooperative agreement: Provided, That, where the subscriber has died, the cooperative money shall be paid to the subscriber’s heir, as prescribed by the cooperative agreement concerned.
[This Article Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016]
| Article 9-8 (Operation Committee of Fire Cooperative for Traditional Markets) |
| (1) | To deliberate on and resolve the following matters regarding the operation of a fire cooperative for traditional markets, an operation committee of a fire cooperative for traditional markets shall be established within the Corporation (hereinafter referred to as “cooperative operation committee”): |
| 1. | Establishment and amendment of the outline for cooperative operation and other regulations concerning operation of a fire cooperative for traditional markets; |
| 2. | Formulation and alteration of an operation plan for a cooperative; |
| 3. | Settlement of the revenue and expenditure of a fire cooperative for traditional markets; |
| 4. | Other matters concerning operation of a fire cooperative for traditional markets referred to a meeting by the chairperson. |
| (2) | The cooperative operation committee shall consist of up to eleven commissioners including one chairperson. |
| (3) | The president of the Corporation shall serve as the chairperson of the cooperative operation committee. |
| (4) | The following persons shall become members of the cooperative operation committee: <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| 1. | Public officers of Grade III in the Ministry of SMEs and Startups or a person nominated by the Minister of SMEs and Startups from among the public officials in general service belonging to the Senior Civil Service who are in charge of the affairs concerning traditional markets and a cooperative association; |
| 2. | Up to nine persons commissioned by the Minister of SMEs and Startups and recommended by the president of the Corporation from among the following persons: |
| (a) | Persons with extensive knowledge of and experience in the affairs of traditional markets, having at least three years of experience of working in the areas of insurance, finance, or law; |
| (b) | Persons with extensive knowledge of and experience in concerning the affairs of cooperative association, having at least five years of experience of working in the affairs concerning a cooperative association. |
| (5) | The term of office of members of the cooperative operation committee shall be two years, and the term may be extended only up to twice. |
[This Article Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016]
| Article 9-9 (Exclusion, Challenge, and Evasion of Members) |
| (1) | Where a member of the cooperative operation committee (hereafter in this Article referred to as “committee member”) falls under any of the following, he/she shall be excluded by the deliberation or resolution of the cooperative operation committee: |
| 1. | Where a committee member or his/her current or former spouse becomes a party to the relevant agenda (where a party is a corporation, organization, etc., including the party’s director; the same shall apply hereafter in this subparagraph and subparagraph 2) or a joint holder of rights or a joint obligor together with the party to the aforementioned agenda; |
| 2. | Where a committee member is or was a relative of a party to the relevant agenda; |
| 3. | Where a committee member has testified, made a statement, consulted, researched, provided services, or appraised with respect to the relevant agenda; |
| 4. | Where a committee member or a corporation/, organization, etc. to which a committee member belongs is or was an agent of a party to the relevant agenda. |
| (2) | Where a party to the relevant agenda has any reason which makes him/her believe that it would be difficult to expect unbiased deliberation or resolution by a committee member, he/she may file an application for challenge with the cooperative operation committee, and the cooperative operation committee shall make a decision by its resolution. In such cases, the challenged committee member shall not participate in making the resolution. |
| (3) | Where a committee member falls under any of the grounds for exclusion prescribed in each subparagraph of paragraph (1), he/she shall voluntarily evade from any deliberation or resolution of the relevant agenda. |
[This Article Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016]
| Article 9-10 (Dismissal of Committee Members) |
Where a committee member under Article 9-8 (4) 2 falls under any of the following, the Minister of SMEs and Startups may dismiss the relevant committee member: <Amended by Presidential Decree No. 28213, Jul. 26, 2017; Presidential Decree No. 29553, Feb. 12, 2019> | 1. | He/she becomes unable to perform his/her duties due to his/her mental or physical disability; |
| 2. | He/she has committed a misconduct in connection with his/her duties; |
| 3. | He/she is deemed not suitable as a member of the Council due to neglect of duty, damaged dignity, or other reasons; |
| 4. | He/she fails to evade despite his/her falling under any subparagraph of Article 9-9 (1); |
| 5. | He/she voluntarily expresses difficulty to perform his/her duties. |
[This Article Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016]
| Article 9-11 (Detailed Operation Rules) |
Other than the matters prescribed in Articles 9-8 through 9-10, matters necessary to establish and operate the cooperative operation committee shall be determined by the outline for cooperative operation. <Amended by Presidential Decree No. 29553, Feb. 12, 2019> [This Article Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016]
| Article 9-12 (Accumulation and Management of Reserved Fund) |
| (1) | At each settlement term, the Corporation shall appropriate and separately accumulate and manage the reserved fund required for allocation to the cooperative money to be paid upon occurrence of a triggering event under Article 9-6. |
| (2) | In managing the reserved fund accumulated pursuant to paragraph (1), the Corporation shall ensure that the aforementioned management is made based on stability, liquidity, profitability, and fairness. |
[This Article Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016]
| Article 9-13 (Outline for Cooperative Operation) |
| (1) | The Corporation shall determine by the outline for cooperative operation detailed matters required for methods and procedures of operation of a fire cooperative for traditional markets and for conclusion of a cooperative agreement, after deliberation thereon by the cooperative operation committee. |
| (2) | Where the Corporation intends to determine or alter the outline for cooperative operation, it shall first report it to the Minister of SMEs and Startups. <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27523, Sep. 29, 2016]
| Article 9-14 (Types, etc. of Onnuri Gift Certificates) |
| (1) | Types and face values of Onnuri gift certificates under Article 26-2 (3) of the Act shall be as follows: Provided, That in the case of prepaid cards and electronic prepayment means falling under subparagraphs 2 and 3, the face value of which is equal to or below the amount the Minister of SMEs and Startups determines and publishes at or lower than 500,000 won, they may have face values other than the face values referred to in subparagraphs 2 and 3: <Amended by Presidential Decree No. 27523, Sep. 29, 2016; Presidential Decree No. 28213, Jul. 26, 2017> |
| 1. | A paper gift certificate: 5,000 won, 10,000 won, or 30,000 won; |
| (2) | Matters to be indicated on Onnuri gift certificates under Article 26-2 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| 3. | Other matters the Minister of SMEs and Startups determines and publishes for the sound distribution of Onnuri gift certificates. |
[This Article Newly Inserted by Presidential Decree No. 24867, Nov. 20, 2013]
| Article 9-15 (Business Types Subject to Rejection of Registration and Exceptions Thereto) |
| (1) | "Type of business ... of which registration is restricted by Presidential Decree" in Article 26-4 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 29809, Jun. 4, 2019> |
| 1. | A business type not belonging to wholesale business, retail business, or service business; |
| 2. | A business type in attached Table 1, from among the business types falling into wholesale business, retail business, or service business. |
| (2) | “Merchant who engages in any type of business prescribed by Presidential Decree and whose income is below the income standards prescribed by Presidential Decree” in Article 26-4 (3) of the Act means a merchant who engages in any business type specified in attached Table 1-2 and whose income is below the income standards determined and publicly notified by the Minister of SMEs and Startups based on the monthly insurance contributions, etc. referred to in Article 69 of the National Health Insurance Act. <Newly Inserted by Presidential Decree No. 29809, Jun. 4, 2019> |
[This Article Newly Inserted by Presidential Decree No. 24867, Nov. 20, 2013]
| Article 9-16 (Rate of Redemption) |
"Amount equivalent to ... the rate prescribed by Presidential Decree" in Article 26-5 (2) of the Act means an amount equivalent to 60/100 of the face value of an Onnuri gift certificate. [This Article Newly Inserted by Presidential Decree No. 24867, Nov. 20, 2013]
| Article 10 (Cooperation between Large Store and Marketplace) |
| (1) | The head of a Si/Gun/Gu may request a person who runs a large store as defined in Article 30 (1) of the Act (hereafter referred to as “large store” in this Article) to conduct the following activities to promote the cooperation with its neighboring market: |
| 1. | Education and training of the merchants in its neighboring market concerning the techniques in commerce; |
| 2. | Joint activities of public relations between the neighboring market and the large store; |
| 3. | Consulting for revitalizing the commercial zone of the neighboring market; |
| 4. | Cooperative projects for common interest of the neighboring market and the large store. |
| (2) | The head of a Si/Gun/Gu may provide support within the limit of the budget to a person who runs a large store for the expenses incurred in any cooperative activities set forth in any subparagraph of paragraph (1), if the person conducts such activities. |
| Article 11 (Subjects of Exclusion from Market Improvement Projects) |
"Markets prescribed by Presidential Decree" in Article 31 (3) of the Act means the following markets: <Amended by Presidential Decree No. 21098, Oct. 29, 2008; Presidential Decree No. 21771, Oct. 7, 2009; Presidential Decree No. 22221, Jun. 28, 2010; Presidential Decree No. 27444, Aug. 11, 2016; Presidential Decree No. 28628, Feb. 9, 2018> | 3. | A market located in a zone designated as a urban development zone pursuant to Article 3 of the Urban Development Act and deemed by the head of relevant Si/Gun/Gu necessary to be restricted considering harmony with surrounding areas, etc. |
| Article 12 (Duties of Promotion Committee) |
"Duties prescribed by Presidential Decree" in Article 32 (3) 5 of the Act mens the following matters: <Amended by Presidential Decree No. 22221, Jun. 28, 2010> | 1. | Preparation of regulations for the operation of a market improvement project promotion committee under Article 32 (1) of the Act (hereinafter referred to as "promotion committee"); |
| 2. | Preparation for an inaugural general meeting for the establishment of a market improvement project cooperative; |
| 3. | Preparation of a draft of the articles of association of a market improvement project cooperative; |
| 4. | Other matters prescribed by the regulations for the operation of a promotion committee. |
| Article 13 (Formulation of Market Improvement Project Promotion Plan) |
| (1) | "Change ... to the specific-use areas prescribed by Presidential Decree" in Article 33 (1) 3 (c) of the Act means the following changes: <Amended by Presidential Decree No. 22221, Jun. 28, 2010> |
| (2) | "Matters prescribed by Presidential Decree" in Article 33 (1) 5 of the Act means the following matters: <Amended by Presidential Decree No. 22221, Jun. 28, 2010; Presidential Decree No. 23718, Apr. 10, 2012> |
| 1. | Name of a market improvement project; |
| 2. | Name and address of a person promoting a market improvement project (in the case of corporations, the name thereof and the name and address of the representative thereof); |
| 5. | Plan for the primary purpose, floor area ratio, building-to-land ratio, height, number of floors and total floor area of a building; |
| 8. | Plan for the operation and management of a superstore after the completion of the market improvement project. |
| Article 14 (Application for Recommendation of Approval for Plans for Promotion of Marketplace Improvement Projects) |
| (1) | A person who intends to obtain approval for a plan for the promotion of the marketplace improvement project under Article 33 (1) of the Act (hereinafter referred to as project promotion plans) shall submit to the head of a Si/Gun/Gu an application for the recommendation of the approval for the project promotion plan along with the following documents attached thereto: |
| 2. | Documents concerning the current status of the marketplace subject to improvement (name, location, classification of land, lot number, area of the marketplace, type of the building, total floor area, etc.); |
| 3. | Certificate or letter of recognition proving that it is a marketplace; |
| 4. | Documents manifesting the consent of the owners of the land or buildings within the bounds of the marketplace subject to improvement and the holder of superficies right thereto (hereinafter referred to as owner of land, etc.) under Article 34 (1) of the Act; |
| 5. | Documents showing and certifying the current status of the owners of land, etc. |
| (2) | The document concerning the consent of the owners of land, etc. under paragraph (1) shall bear the address, name, and date of birth of each consenting owner of land, etc., description of their rights and interests, the marketplace subject to improvement, and the statement that they agree on the details of the marketplace improvement project (and the articles of incorporation, if a marketplace improvement cooperative is established for that purpose), and the consenting parties shall affix their registered personal seal or signature to the documents concerning their consent and attach a certificate of registered personal seal or a letter of confirmation of the fact that the person in question signed under subparagraph 3 of Article 2 of the Act on Confirmation, etc. of Personal Signature, respectively. <Amended by Presidential Decree No. 24587, Jun. 11, 2013> |
| Article 15 (Method for Computing Number of Consenting Owners of Land, etc.) |
The number of consenting owners of land, etc. under Article 34 (1) of the Act shall be computed as follows: <Amended by Presidential Decree No. 21771, Oct. 7, 2009> | 1. | The owners who own a lot of land or one building in common shall be counted as one person: Provided, That there shall be consent of at least three-fifths of total number of the owners who own the lot of land or one building in common; |
| 2. | Each owner holding a divided ownership shall be counted as one person regardless of whether a building site for an aggregate building is owned in common, if the building to which the provisions of the Act on Ownership and Management of Condominium Buildings apply is one unit in appearance, but its interior is structurally partitioned, and the ownership of each area structurally partitioned is in a different form. |
| Article 16 (Examination of Project Promotion Plan, etc.) |
| (1) | Upon receiving the application for the recommendation of the approval on the project promotion plan under Article 14 (1), the head of a Si/Gun/Gu shall examine the following matters: <Amended by Presidential Decree No. 23718, Apr. 10, 2012> |
| 2. | Whether the documents submitted in compliance with Article 14 (1) 1 through 5 are properly prepared; |
| 3. | Whether the project promotion plan complies with the City/Gun plan and the relevant statutes related to building and fire prevention. |
| (2) | The head of a Si/Gun/Gu may advise the applicant to change, revise, correct, or supplement the project promotion plan, if it is considered necessary to do so, as a result of the examination of the plan under paragraph (1). |
| (3) | The head of a Si/Gun/Gu who intends to make a recommendation of the approval on the project promotion plan shall give owners of land, etc., market operators, occupant-merchants including lessee-merchants, owners of land, etc. in an adjoining area, if an adjoining area is included, and other stake-holders having interest in the marketplace improvement project an opportunity to present their opinions by publicly notifying the project promotion plan, holding public hearings, or inquiring their opinions by making use of documents (including electronic documents in cases where a counterpart consents to notification by an electronic method). <Amended by Presidential Decree No. 21771, Oct. 7, 2009> |
| Article 17 (Recommendation for Approval for Project Promotion Plan) |
The head of each Si/Gun/Gu shall prepare a written recommendation for approval for a project promotion plan within 20 days from the date on which he/she receives an application for recommendation for approval for project promotion plans pursuant to Article 14 (1) and submit it to the relevant Mayor/Do Governor, attaching the following document thereto: <Amended by Presidential Decree No. 22221, Jun. 28, 2010; Presidential Decree No. 29553, Feb. 12, 2019> | 2. | A written opinion on his/her examination under Article 16; |
| 3. | Materials on the analysis of the current condition of business districts in surrounding areas, such as the trend of changes in the population of the surrounding areas to which the business district of the relevant market reaches and current condition of penetration of superstores under subparagraph 3 of Article 2 of the Distribution Industry Development Act. |
| Article 18 (Matters Subject to Deliberation by Market Improvement Project Deliberation Committee) |
"Matters prescribed by Presidential Decree" in Article 36 (1) 3 of the Act means the following matters: <Amended by Presidential Decree No. 22221, Jun. 28, 2010> | 2. | Matters concerning the change of project promotion plans under Article 37 (5) of the Act, which are referred to the meetings of market improvement project deliberation committees under Article 36 (1) of the Act (hereinafter referred to as "deliberation committee") by chairpersons; |
| 3. | Matters concerning approval or disapproval for the suspension of invalidation of approval for project promotion plans under the proviso to Article 38 (2) of the Act; |
| 4. | Other matters concerning approval for project promotion plans, which are referred to deliberation committees by chairpersons. |
| Article 19 (Organization of Deliberation Committee) |
| (1) | The chairperson of each deliberation committee shall be appointed by the relevant Mayor/Do Governor from among Grade III or higher public officials of the City or Do or public officials in general service who are members of the Senior Civil Service. |
| (2) | "Persons determined by Presidential Decree" in Article 36 (2) of the Act means the following persons: <Amended by Presidential Decree No. 22221, Jun. 28, 2010; Presidential Decree No. 24867, Nov. 20, 2013; Presidential Decree No. 26248, May 26, 2015; Presidential Decree No. 27523, Sep. 29, 2016; Presidential Decree No. 28213, Jul. 26, 2017> |
| 1. | Grade IV or higher public officials of a City or Do or public officials in general service who are members of the Senior Civil Service; |
| 2. | Public officials recommended by the administrator of a Regional SMEs and Startups Office among Grade IV or higher public officials of the competent Regional SMEs and Startups Office and public officials in general service who are members of the Senior Civil Service; |
| 3. | Any of the following persons: |
| (a) | An expert in academic circles or research institutions or organizations studying the areas of markets or distribution industry; |
| (b) | A member of a local council; |
| (c) | The representative of the federation of merchants established pursuant to Article 66 of the Act or a person recommended by such representative; |
| (d) | A representative of the Corporation or a person recommended by the representative; |
| (f) | Other person with extensive knowledge of and experience in market revitalization and market improvement projects. |
| (3) | The term of office for the members commissioned pursuant to paragraph (2) 3 shall be two years. |
| Article 20 (Management of Deliberative Committee) |
| (1) | The chairperson of the deliberative committee shall represent the committee and have general control over the affairs of the committee. |
| (2) | The chairperson of the deliberative committee shall convene the meetings of the committee and take the chair. |
| (3) | The resolution of a meeting of the deliberative committee shall require the attendance of a majority of all the incumbent members and the consent of a majority of those present. |
| (4) | An allowance may be paid to the members who attend the meeting of the committee within the limit of its budget: Provided, That the foregoing shall not apply to the members who attend the meeting as public officials in connection with their assigned duties. |
| (5) | The deliberative committee shall have one secretary who shall process the affairs of the committee: Provided, That the secretary shall be appointed by the chairperson from among the public officials who work for the City/Do. |
| (6) | Other matters necessary for managing the deliberative committee shall be prescribed by the chairperson subject to a resolution by the committee. |
| Article 21 (Notice of Results concerning Approval on Project Promotion Plan) |
The Mayor/Do Governor shall, upon receiving the recommendation from the head of a Si/Gun/Gu with respect to the approval on the project promotion plan in accordance with Article 17, notify the head of a Si/Gun/Gu who recommended the approval on the project promotion plan of the results after the deliberation by the deliberative committee within forty days in the absence of special circumstances.
| Article 22 (Change of Project Promotion Plan) |
| (1) | "Insignificant matters prescribed by Presidential Decree" in the proviso to Article 37 (5) of the Act means the following matters: <Amended by Presidential Decree No. 21231, Dec. 31, 2008; Presidential Decree No. 22221, Jun. 28, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 26928, Jan. 22, 2016> |
| 1. | Change of less than 10 percent of the area of planned market improvement project zone; |
| 2. | Change of the name (in the case of corporations, their names and representatives' name; hereafter the same shall apply in this subparagraph) or location of the office of project developers: Provided, That the change of name of project developers, which results from the transfer, take-over, etc. of projects shall be excluded; |
| 3. | Change of the location of infrastructure subject to improvement, which does not entail any change in the building plan for a building, and change of less than 10 percent of the scale of infrastructure subject to improvement; |
| 4. | Reduction or less than 3 percent expansion of floor area ratio, building-to-land ratio, total floor area, maximum height or maximum number of floors of buildings; |
| 8. | Other matters prescribed by ordinances of Cities/Dos with respect to market improvement projects. |
| (2) | When the head of each Si/Gun/Gu has changed insignificant matters under the subparagraphs of paragraph (1), he/she shall notify the relevant Mayor/Do Governor. |
| (3) | Articles 14, 16, 17 and 21 shall apply mutatis mutandis to approval for the change of project promotion plans. |
| Article 23 (Public Notification of Approval on Project Promotion Plan or Amendment thereto) |
The Mayor/Do Governor shall include the information as specified in the following subparagraphs in his/her public notification of the approval on the project promotion plan or the amendment thereto made under Article 37 (4) and (6) of the Act: | 1. | Name of the marketplace subject to improvement; |
| 2. | Extent of the area of the marketplace subject to improvement; |
| 3. | Executor of the marketplace improvement project; |
| 4. | Date of approval on the project promotion plan or amendment thereto; |
| 5. | Outlines of the approval on the project promotion plan or amendment thereto (which mean the area of building site, floors, area of the building, floor area ratio, building-to-land ratio, etc.); |
| 6. | Grounds for approval or amendment thereto; |
| 7. | Other matters deemed necessary by the Mayor/Do Governor. |
| Article 24 (Suspension of Invalidation of Approval for Project Promotion Plan) |
A project executor who is willing to apply for suspension of invalidation of the approval for the project promotion plan in accordance with the proviso to Article 38 (2) of the Act shall submit to the Mayor/Do Governor a written application for suspension of invalidation containing the following information via the head of a Si/Gun/Gu no later than thirty days before it is anticipatorily invalidated otherwise: | 1. | Name of the marketplace subject to improvement; |
| 2. | Period and reasons for suspension of invalidation. |
| Article 25 (Exclusion from Subjects of Approval for Project Plan under Housing Act) |
"When ... satisfies the conditions prescribed by Presidential Decree are satisfied" in Article 39 (2) of the Act means the cases where a housing complex of less than 300 housing units and other facilities are constructed as part of a single building, satisfying the requirement that the sum of the gross floor area of the housing portion is less than 90 percentage of the total gross floor area of the entire building. <Amended by Presidential Decree No. 22221, Jun. 28, 2010; Presidential Decree No. 26465, Aug. 3, 2015>
| Article 25-2 (Package Deal Council for Legal Fictions of Authorization, Permission, etc.) |
| (1) | Where the head of a Si/Gun/Gu intends to hold a meeting of the package deal council (hereafter referred to as the "council" in this Article) to discuss legal fictions of permission, authorization, approval, reporting, examination, consent, designation, cancellation, and discussion (hereafter referred to as "authorization, permission, etc." in this Article) under Article 40-2 of the Act, he/she shall notify the heads of the relevant administrative agencies under Article 40 (3) of the Act of the fact of holding the meeting by no later than seven days beforehand. |
| (2) | The heads of the relevant administrative agencies referred to in Article 40 (3) of the Act shall present their opinions on the legal fictions of authorization, permission, etc. at meetings of the council: Provided, That where it is impracticable to present opinions on the relevant authorization, permission, etc. because of the necessity for additional review, such as legal review, confirmation of facts, etc., the heads of the relevant administrative agencies referred to in Article 40 (3) of the Act may present their opinions within five days from the date a meeting of the council is held. |
| (3) | The heads of Sis/Guns/Gus shall determine matters necessary for the operation, etc. of the council other than those prescribed in paragraphs (1) and (2). |
[This Article Newly Inserted by Presidential Decree No. 24587, Jun. 11, 2013]
| Article 26 (Joint Project Executor) |
| Article 27 (Adjoining Area) |
Adjoining area in Article 45 of the Act means the area that falls under any of the following subparagraphs: | 1. | An area where it is difficult to promote the marketplace improvement project without including street stalls or commercial buildings existing adjacent to the marketplace subject to improvement; |
| 2. | The premises of a building where there is a danger in safety due to potential danger of vibration, collapse, or the similar while executing the marketplace improvement project because any of its walls constitutes the outer wall of a double wall of a building within the marketplace subject to improvement; |
| 3. | An area where it is difficult to secure an access road leading to new building without trespassing the area after completion of the marketplace improvement project; |
| 4. | An area for which the head of a Si/Gun/Gu considers it necessary to combine the marketplace and its adjoining area to execute the project considering the points of aesthetics in urban view, traffic system, land utilization, etc. |
| Article 28 (Preferential Supply of Housing to Houseless Shop Occupants) |
| (1) | "Houseless people satisfying such conditions as set forth in Presidential Decree" in Article 49 (6) of the Act means those who personally conducted business, leasing a shop in a market improvement project zone for a consecutive year before the date on which approval for the project promotion plan is published pursuant to Article 37 (4) of the Act. <Amended by Presidential Decree No. 22221, Jun. 28, 2010> |
| (2) | When making an application for authorization for a management and disposal plan under Article 74 (1) of the Act on the Improvement of Urban Areas and Residential Environments, every project developer shall submit a list of names of those who desire to be preferentially supplied with a house among the shop occupants satisfying the conditions under paragraph (1), documents concerning the shop lease contract of the concerned shop occupants, materials verifying that they are houseless, etc. to the head of relevant Si/Gun/Gu. <Amended by Presidential Decree No. 28628, Feb. 9, 2018> |
| Article 29 (Special Cases for Floor Area Ratio) |
| (2) | The floor area ratio for the markets located in general residential areas or quasi-residential areas shall, pursuant to Article 51 of the Act, be determined by a City/Gun planning ordinance of each local government within the scope of not less than 400 percent to not more than 500 percent and the floor area ratio for markets located in quasi-industrial areas, within the scope of not less than 350 percent to not more than 400 percent. <Amended by Presidential Decree No. 23718, Apr. 10, 2012> |
| (3) | When intending to determine a floor area ratio by a City/Gun planning ordinance pursuant to paragraph (2), its impact on surrounding areas in terms of traffic, landscape, aesthetic view, sunshine, lighting, air circulation, etc. shall be taken into consideration. <Amended by Presidential Decree No. 23718, Apr. 10, 2012> |
| Article 30 (Special Cases for Building-to-Land Ratio) |
| (2) | The building-to-land ratio for markets located in general residential areas, or quasi-residential areas and quasi-industrial areas shall, pursuant to Article 52 of the Act, be determined by City/Gun planning ordinance of each local government within the scope of not less than 60 percent to not more than 70 percent and the building-to-land ratio for markets located in commercial areas, within the scope of not less than 70 percent to not more than 90 percent. <Amended by Presidential Decree No. 23718, Apr. 10, 2012> |
| (3) | When intending to determine a building-to-land ratio by a City/Gun planning ordinance pursuant to paragraph (2), its impact on surrounding areas in terms of traffic, landscape, aesthetic view, sunshine, lighting, air circulation, etc. shall be taken into consideration. <Amended by Presidential Decree No. 23718, Apr. 10, 2012> |
| Article 31 (Special Cases for Restriction on Height of Building) |
| (1) | Where a mixed-use commercial building combined with residential apartments is built as part of the marketplace improvement project on a marketplace situated in a general residential, quasi-residential, or quasi-industrial zone in accordance with Article 53 of the Act, the height of each part of such building shall be prescribed by Municipal Ordinance of each local government regarding building within the limit of no less than three times, but no more than four times higher than the horizontal distance from the wall where there is a window or the similar for natural lighting at a right angle to the boundary line of the land immediately adjacent to the building. <Amended by Presidential Decree No. 20390, Nov. 16, 2007> |
| (2) | The impacts on the aesthetic view, sunshine, lighting, air circulation, etc. in the surroundings shall be considered in prescribing the restriction on the height of the building pursuant to paragraph (1). |
| Article 31-2 (Special Cases for Vacant Land in Site) |
| (1) | “Area which shall be selected by Presidential Decree” in Article 53-2 of the Act means a general residential zone, quasi-residential zone, quasi-industrial zone and commercial zone. |
| (2) | Where a commercial building is built in the area referred to in paragraph (1) in accordance with Article 53-2 of the Act, the distance from the building line shall be prescribed by Municipal Ordinance of each local government regarding building within the extent pursuant to the classification referred to in the following subparagraphs: |
| 1. | Not less than 1.5 meters but not more than 6 meters in cases where a site for a building borders on roads (referring to roads pursuant to Article 2 (1) 11 of the Building Act; hereafter the same shall apply in this subparagraph) not less than three sides; |
| 2. | Not less than 2 meters but not more than 6 meters in cases where a site for a building borders on roads not more than two sides. |
| (3) | Where a commercial building is built in the area referred to in paragraph (1) in accordance with Article 53-2 of the Act, the distance from the boundary line of a neighboring site shall be prescribed by Municipal Ordinance of each local government regarding building within the extent not less than 1 meter but not more than 6 meters. |
[This Article Newly Inserted by Presidential Decree No. 20390, Nov. 16, 2007]
| Article 32 (Procedures for Hearing Opinions) |
| (1) | The marketplace dispute conciliation committee under Article 58 of the Act (hereafter referred to as the conciliation committee in this Article) shall, when it intends to hear the opinion of either party to a dispute or a potential witness under Article 61 (2) of the Act, set the date and the place for hearing, and then notify them of the date and the place no later than ten days before the date on which the hearing is to be held: Provided, That such notice may be provided no later than three days before the scheduled hearing in the event of an emergency. |
| (2) | Either party to the dispute or a potential witness may, upon receiving the notice under paragraph (1), present his/her opinion in writing, if he/she is unable to appear at the meeting of the conciliation committee due to an inevitable reason or cause. |
| Article 33 Deleted. <by Presidential Decree No. 24867, Nov. 20, 2013> |
| Article 33-2 (Delegation of Authority) |
The Minister of SMEs and Startups shall delegate his/her authority over the following matters to the administrators of Regional SMEs and Startups Offices under Article 71 (1) of the Act: <Amended by Presidential Decree No. 28213, Jul. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 24867, Nov. 20, 2013]
| Article 34 (Entrustment of Duties) |
| (1) | The Minister of SMEs and Startups shall entrust the following duties to the Corporation pursuant to Article 71 (2) of the Act: <Amended by Presidential Decree No. 22221, Jun. 28, 2010; Presidential Decree No. 24867, Nov. 20, 2013; Presidential Decree No. 27523, Sep. 29, 2016; Presidential Decree No. 28213, Jul. 26, 2017> |
| (2) | The Minister of SMEs and Startups shall entrust the following duties to the representative of the federation of merchants under Article 66 of the Act pursuant to Article 71 (2) of the Act: <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| Article 34-2 (Processing of Unique Identification Information) |
The Minister of SMEs and Startups (including persons entrusted with the authority of the Minister of SMEs and Startups pursuant to Article 71 of the Act) may, when inevitable to carry out the following administrative affairs, process data in which resident registration numbers or passport numbers referred to in subparagraph 1 or 2 of Article 19 of the Enforcement Decree of the Personal Information Protection Act are included: <Amended by Presidential Decree No. 24867, Nov. 20, 2013; Presidential Decree No. 28213, Jul. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 24317, Jan. 16, 2013]
| Article 34-3 (Re-Review of Regulations) |
The Minister of SMEs and Startups shall take measures for improvement, etc. by reviewing the propriety of the following matters every three years based on the basic dates in the relevant subparagraphs (referring to the basic date of each third year and the preceding days of the same date): <Amended by Presidential Decree No. 28213, Jul. 26, 2017>
| 1. | Size of temporary markets under Article 6: January 1, 2014; |
| 2. | Subjects excluded from market improvement projects under Article 11: January 1, 2014; |
| 3. | through 6. Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016> |
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 35 (Standards for Imposition of Administrative Fines) |
The standards for imposing administrative fines pursuant to Article 74 (1) and (2) of the Act shall be as shown in attached Table 2. <Amended by Presidential Decree No. 24867, Nov. 20, 2013> [This Article Wholly Amended by Presidential Decree No. 21771, Oct. 7, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Article 2 Deleted. <by Presidential Decree No. 27523, Sep. 29, 2016>
Article 3 (Applicability to Exemption from and Reduction of Rent, etc. for State-Owned or Public Property)
| (1) | The provisions of Article 7 shall become applicable to the following cases of rent, etc. and thereafter depending upon the nature of the property as classified below: |
| 1. | State-owned property: Rent, etc, imposed first immediately after this Decree enters into force; |
| 2. | Public property: Rent, etc. imposed first immediately after the relevant Municipal Ordinance is enacted or amended to prescribe the rate of exemption or reduction under this Decree. |
| (2) | Municipal Ordinance concerning the exemption from or reduction of the rent, etc. for public property under subparagraph 2 of Article 7 shall be enacted or amended within four months after this Decree enters into force unless an extraordinary reason exists otherwise. |
Article 4 (Applicability to Exclusion from Marketplace Improvement Project)
The provisions of subparagraph 2 of Article 11 shall become applicable to the application for the recommendation of the approval on the project promotion plan filed on or after the date when this Decree enters into force. Article 5 (Transitional Measures concerning Municipal Ordinance of Local Government)
| (1) | Municipal Ordinance enacted by the local government pursuant to Article 6 of the previous Enforcement Decree of the Special Act on the Nurturing of the Traditional Markets at the time this Decree enters into force shall be deemed to be Municipal Ordinance under Article 9. |
| (2) | Municipal Ordinance enacted by the local government pursuant to Articles 26 and 27 of the previous Enforcement Decree of the Special Act on the Nurturing of the Traditional Markets at the time this Decree enters into force shall be deemed to be Municipal Ordinance under Articles 30 and 31: Provided, That Municipal Ordinance shall be amended within four months after this Decree enters into force, unless any extraordinary reason exists otherwise, to provide for special exception for the building-to-land ratio and restriction on the height of the buildings in the marketplace situated in a quasi-industrial zone. |
| (3) | The building-to-land ratio applicable to the marketplace situated in a quasi-industrial zone until Municipal Ordinance under paragraph (2) is enacted or amended shall be no more than sixty percent, while the heights of the building shall be restricted to the limit of no more than three times higher than the horizontal distance between the wall where there is a window for natural lighting for the part of the building at a right angle to the boundary line of the land immediately adjacent to the building: if the standard established by other Municipal Ordinance of the local government is higher than this standard, the higher standard shall apply. |
| (4) | The Urban Planning Ordinance under Article 29 (2) shall be amended within four months after this Decree enters into force, unless there is any extraordinary reason otherwise. |
| (5) | Any one of the following floor area ratios under Article 29 shall apply depending upon the zone until Municipal Ordinance under paragraph (2) is amended and enters into force: Provided, That the higher standard shall apply, if the standard prescribed by other Municipal Ordinance of the local government is higher than any of the following standards: |
| 1. | The floor area ratio applicable to a marketplace situated in a general residential zone or quasi-residential zone shall be no more than four hundred percent; |
| 2. | The floor area ratio applicable to a marketplace situated in a quasi-industrial zone shall be no more than three hundred fifty percent. |
Article 6 (Transitional Measures concerning Application for Recommendation of Approval on Project Promotion Plan)
Article 7 Omitted.
Article 8 (Relations to Other Statutes)
ADDENDUM <Presidential Decree No. 20390, Nov. 16, 2007>
This Decree shall enter into force on November 18, 2007.
ADDENDA <Presidential Decree No. 20728, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21231, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 21771, Oct. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22221, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2010.
Article 2 Omitted.
Article 3 (Relations with Other Statutes)
ADDENDA <Presidential Decree No. 22885, Apr. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
The application of criteria for the imposition of administrative fines against offensive acts which were committed before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of the attached Table.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012: (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 24317, Jan. 16, 2013>
This Decree shall enter into force on the date of promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24432, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 24587, Jun. 11, 2013>
This Decree shall enter into force on June 12, 2013.
ADDENDUM <Presidential Decree No. 24867, Nov. 20, 2013>
This Decree shall enter into force on November 29, 2013: Provided, That the amended provisions of Articles 19 (2) 3 (d), 33 and 34 (1) shall enter into force on January 1, 2014.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 26248, May 26, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 28, 2015.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 26465, Aug. 3, 2015>
This Decree shall enter into force on August 4, 2015.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 26928, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27473, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 27523, Sep. 29, 2016>
This Decree shall enter into force on September 30, 2016.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 28067, May 29, 2017>
This Decree shall enter into force on June 3, 2017.
ADDENDA <Presidential Decree No. 28213, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 28628, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 29553, Feb. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 15, 2019.
Article 2 (Special Cases concerning Formulation of Plans for Regular Inspections)
Notwithstanding the amended provisions of Article 9-2, the Minister of SMEs and Startups shall formulate a plan for regular inspections to be conducted in 2019, within two months after this Decree enters into force.
ADDENDUM <Presidential Decree No. 29809, Jun. 4, 2019>
This Decree shall enter into force on June 12, 2019.