SPECIAL ACT ON THE PROMOTION OF URBAN RENEWAL
Act No. 7834, Dec. 30, 2005
Amended by Act No. 7959, May 24, 2006
Act No. 8786, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8970, Mar. 21, 2008
Act No. 9037, Mar. 28, 2008
Act No. 9048, Mar. 28, 2008
Act No. 9071, Mar. 28, 2008
Act No. 9321, Dec. 31, 2008
Act No. 9386, Jan. 30, 2009
Act No. 9511, Mar. 20, 2009
Act No. 9539, Mar. 25, 2009
Act No. 9876, Dec. 29, 2009
Act No. 10220, Mar. 31, 2010
Act No. 10221, Mar. 31, 2010
Act No. 10599, Apr. 14, 2011
Act No. 10761, May 30, 2011
Act No. 11294, Feb. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11924, Jul. 16, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12251, Jan. 14, 2014
Act No. 12989, Jan. 6, 2015
Act No. 13378, jun. 22, 2015
Act No. 13433, Jul. 24, 2015
Act No. 13498, Aug. 28, 2015
Act No. 13794, Jan. 19, 2016
Act No. 14540, Jan. 17, 2017
Act No. 14567, Feb. 8, 2017
Act No. 14569, Feb. 8, 2017
Act No. 14859, Aug. 9, 2017
Act No. 16385, Apr. 23, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters necessary for planning projects for improving residential environments, expanding infrastructure and restoring urban functions in urban areas that lag behind, spanning a wide area, and promoting them systematically and efficiently in order to seek balanced urban development and contribute to improving the quality of life of citizens.
[This Article Wholly Amended on May 30, 2011]
The terms used in this Act shall be defined as follows: <Amended on Apr. 14, 2011; Feb. 1, 2012; Feb. 8, 2017>
| 1. | The term "urban renewal acceleration district" means a district designated under Article 5 to plan the improvement of residential environments, expansion of infrastructure and restoration of urban functions in urban areas that lag behind, spanning a wide area and promoting them systematically and efficiently. In such cases, such districts shall be classified as follows, according to their characteristics: |
| (a) | Residential terrain: Districts crowded with aging and deteriorating houses and buildings, which require the improvement of residential environments and renewal of infrastructure; |
| (b) | Center terrain: Commercial districts, industrial districts, etc., which require the efficient utilization of land and restoration of urban functions of urban centers, urban subcenters, etc.; |
| (c) | Complex terrain of high density: Districts with major railway station areas, nodes of arterial roads and other infrastructures to enable ready access to public transport, which require the expanded supply of small-sized houses, the intensive use of land, and the combined development of buildings within urban centers; |
| 2. | The term "urban renewal acceleration project" means any of the following projects implemented in urban renewal acceleration districts: |
| (a) | Residential environment improvement projects, redevelopment projects and reconstruction projects under the Act on the Improvement of Urban Areas and Residential Environments, and streetside housing improvement projects and small-scale reconstruction projects under the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Redevelopment; |
| 3. | The term "urban renewal acceleration plan" means a plan for land use, installation of infrastructure, etc. in an urban renewal acceleration district under Article 9 to promote urban renewal acceleration projects in a planned and systematic manner; |
| 4. | The term "urban renewal acceleration zone" means a zone determined for projects in each item of subparagraph 2; |
| 5. | The term "priority project zone" means an urban renewal acceleration zone developed with priority over any other zone in order to promote an urban renewal acceleration project, expand the supply of small-sized houses, support the relocation of residents, etc., as determined in an urban renewal acceleration plan; |
| 6. | The term "preserved area" means areas preserved in accordance with urban renewal acceleration plans because urban renewal acceleration projects are rarely needed in urban renewal acceleration districts; |
| 8. | The term "owner of land, etc." means a person who falls under any of the following items: |
| (c) | Cases of urban development projects under the Urban Development Act: the owners of land located in urban renewal acceleration zones and the superficiaries thereof. |
[This Article Wholly Amended on May 30, 2011]
| Article 3 (Relationship to Other Acts) |
| (1) | This Act shall prevail over other Acts in urban renewal acceleration districts. |
| (2) | Unless otherwise expressly provided in this Act, the implementation of urban renewal acceleration projects shall be governed by relevant Acts that provide for such projects. |
[This Article Wholly Amended on May 30, 2011]
CHAPTER II DESIGNATION OF URBAN RENEWAL ACCELERATION DISTRICTS
| Article 4 (Application for Designation of Urban Renewal Acceleration Districts) |
| (1) | The head of a Si [with regard to the mayor of a large city with a population of at least 500,000 people referred to in Article 175 of the Local Autonomy Act, excluding the Seoul Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities (hereinafter referred to as "large city mayor"), limited to cases where an area, an urban renewal acceleration project for which is deemed necessary, spans his/her jurisdiction and other Si/Gun/Gu; hereinafter the same shall apply to paragraph (3) and Articles 5 (3), 9 (1) and (3), and 12]/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may apply for the designation of urban renewal acceleration districts to the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor. The same shall apply where urban renewal acceleration districts are to be altered. <Amended on Jul. 16, 2013> |
| (2) | Any person who intends to apply for the designation or alteration of an urban renewal acceleration district pursuant to paragraph (1) shall submit the following documents and drawings (limited to matters to be altered, in cases of alteration) to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor: |
| 1. | Name, location and size of the urban renewal acceleration district; |
| 2. | Objectives of designating the urban renewal acceleration district; |
| 3. | Current conditions of the urban renewal acceleration district (population, number of houses, floor area ratio, current status of tenants, etc.); |
| 4. | Basic direction-setting for the development of the proposed urban renewal acceleration district; |
| 5. | Current state of urban renewal acceleration projects under way in the urban renewal acceleration district; |
| 6. | Overview on the installation of infrastructure; |
| 7. | Measures against real estate speculation; |
| 8. | Other matters prescribed by Presidential Decree. |
| (3) | When the head of a Si/Gun/Gu intends to file an application for the designation or alteration of the urban renewal acceleration district under paragraph (1), he/she may do so, attaching the opinions of the local council thereto, after holding an explanatory meeting for residents, making the details of such designation or alteration available to the general public for inspection for at least 14 days and hearing the opinions of the local council (in such cases, the local council shall present its opinions within 60 days from the date on which the head of such Si/Gun/Gu notifies an application for the designation or alteration of the urban renewal acceleration district, and if such period elapses with no opinion presented, it shall be deemed that the local council has no objection): Provided, That where he/she intends to file an application for the alteration of minor matters prescribed by Presidential Decree, he/she need not undergo procedures for holding an explanatory meeting for residents, making the details of designation, etc. available to the general public for inspection and hearing the opinions of the local council. <Amended on Feb. 1, 2012> |
[This Article Wholly Amended on May 30, 2011]
| Article 5 (Designation of Urban Renewal Acceleration Districts) |
| (1) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor receives an application for the designation of an urban renewal acceleration district pursuant to Article 4, he/she shall designate an urban renewal acceleration district after consulting with relevant administrative agencies and the deliberation of the relevant Local Urban Planning Committee under Article 113 of the National Land Planning and Utilization Act (hereinafter referred to as the "Local Urban Planning Committee"). The same shall apply to cases of altering the designation of urban renewal acceleration districts (excluding the alteration of minor matters prescribed by Presidential Decree). |
| (2) | Notwithstanding the provisions of paragraph (1), in cases of the Special Metropolitan City, a Metropolitan City or a Do with an urban renewal committee referred to in Article 34, the deliberation of the Local Urban Planning Committee may be substituted by the deliberation of the urban renewal committee. |
| (3) | Notwithstanding the provisions of paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor may directly designate urban renewal acceleration districts after consultation with the head of the relevant Si/Gun/Gu even without an application filed by the head of the Si/Gun/Gu for the designation of urban renewal acceleration districts. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor shall undergo the procedures under Article 4 (3) or have the head of the Si/Gun/Gu undergo the procedures prescribed in the said paragraph, and paragraphs (1) and (2) shall apply mutatis mutandis to procedures for designation. |
| (4) | Any of the following persons shall directly designate or alter an urban renewal acceleration district. In such cases, he/she shall prepare the documents and drawings referred to in each subparagraph of Article 4 (2) and undergo the procedures prescribed in Article 4 (3), and paragraphs (1) and (2) shall apply mutatis mutandis to the designation procedures therefor: <Amended on Jul. 16, 2013> |
| 1. | Special Self-Governing City Mayor; |
| 2. | Special Self-Governing Province Governor; |
| 3. | Large city mayor: Provided, That this shall be limited to cases where an area, an urban renewal acceleration project for which is deemed necessary, is situated in his/her jurisdiction and does not span other Sis/Guns/Gus. |
| (5) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") or a large city mayor designates or alters an urban renewal acceleration district pursuant to paragraphs (1) through (4), he/she shall publicly notify, without delay, the details of such designation or alteration in an official gazette of the relevant local government, as prescribed by Presidential Decree. <Amended on Jul. 16, 2013> |
| (6) | Where the Mayor/Do Governor or a large city mayor has designated or altered an urban renewal acceleration district pursuant to paragraph (5), he/she shall report such fact to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 30, 2011]
| Article 6 (Conditions for Designation of Urban Renewal Acceleration Districts) |
| (2) | An urban renewal acceleration district referred to in Article 5 may be designated in any of the following cases: |
| 1. | Where it is a district crowded with aging and deteriorating houses and buildings, which requires improvement of residential environments and maintenance and improvement of infrastructure; |
| 2. | Where it is a commercial district, industrial district, etc., in which the efficient use of land and restoration of urban functions of an urban center, urban subcenter, etc. are required; |
| 3. | Where it is a district with major railway station areas, nodes of arterial roads and other infrastructures to enable ready access to public transport, which requires the expanded supply of small-sized houses, the intensive use of land, and the combined development of buildings within the urban center; |
| 4. | Where it is necessary to develop multiple projects referred to in each item of subparagraph 2 of Article 2 in a systematic and planned manner; |
| 5. | Other cases prescribed by Presidential Decree. |
| (3) | The sizes of urban renewal acceleration districts to be designated pursuant to Article 5 shall be at least 500,000 square meters in cases of residential terrain, at least 200,000 square meters in cases of center terrain, and at least 100,000 square meters in cases of complex terrain of high density: Provided, That in cases of the designation of an urban renewal acceleration district in the complex terrain of high density, those sizes shall be within the scope of designation prescribed by Presidential Decree, such as within certain radiuses of major railway station areas or nodal points of arterial roads. |
| (4) | Notwithstanding the provisions of paragraph (3), in cases of Metropolitan Cities or Sis, the sizes of which are below those prescribed by Presidential Decree, the sizes of residential terrain or center terrain may be reduced by up to 1/2. |
| (5) | Notwithstanding the provisions of paragraphs (3) and (4), in cases of areas in poor residential conditions and other areas prescribed by Presidential Decree, the standard size of residential terrain or center terrain may be reduced by up to 1/4 of the standard size prescribed in paragraph (3). |
[This Article Wholly Amended on May 30, 2011]
| Article 7 (Invalidity of Designation of Urban Renewal Acceleration Districts) |
| (1) | If an urban renewal acceleration plan referred to in Article 12 is not determined until the date on which two years elapse from the date on which the designation of the urban renewal acceleration district is publicly notified pursuant to Article 5, the designation of the urban renewal acceleration district shall become invalid on the date immediately following the date on which two years elapse: Provided, That the Mayor/Do Governor or a large city mayor may extend the period by up to one year. |
| (2) | When the Mayor/Do Governor or a large city mayor recognizes that the objectives of the designation of an urban renewal acceleration district have been achieved or are not achievable in light of the progress of other urban renewal acceleration projects, he/she may cancel the designation of the urban renewal acceleration district after undergoing the deliberation of the Local Urban Planning Committee or an urban renewal committee established under Article 34. |
| (3) | The Mayor/Do Governor or a large city mayor who intends to cancel the designation of an urban renewal acceleration district under paragraph (2) shall hold a public hearing, make the details thereof available to the general public for inspection for at least 14 days, and hear the opinions of the local council before deliberation by the Local Urban Planning Committee or an urban renewal committee established under Article 34. In such cases, the local council shall present its opinion within 60 days after the date of receiving a request for opinions, and if such period elapses without its opinion, no objection shall be deemed filed. <Newly Inserted on Jan. 17, 2017> |
| (4) | If deemed necessary, the Mayor/Do Governor or a large city mayor who intends to cancel the designation of an urban renewal acceleration district under paragraph (2) may have the head of a Si/Gun/Gu undergo the procedures referred to in paragraph (3). In such cases, the head of the Si/Gun/Gu shall submit the opinions of the local council to the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor. <Newly Inserted on Jan. 17, 2017> |
| (5) | Where the designation of an urban renewal acceleration district has been canceled pursuant to paragraphs (2) through (4), the determination of the relevant urban renewal acceleration plan shall be deemed invalid. <Amended on Feb. 1, 2012; Jan. 17, 2017> |
| (6) | In cases of cancelling the designation of an urban renewal acceleration district pursuant to paragraphs (2) through (4), in a district where a ratio exceeding the ratio determined by ordinances of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province (hereinafter referred to as "City/Do") or a large city within the scope of at least 1/2 to not more than 2/3 of the owners of land, etc. who have agreed on the organization of a promotion committee (referring to the promotion committee established under Article 31 of the Act on the Improvement of Urban Areas and Residential Environments) or a partnership (referring to the association established under Article 35 of the Act on the Improvement of Urban Areas and Residential Environments) in the urban renewal acceleration district or a majority of the owners of land, etc. want to continue the promotion of the relevant urban renewal acceleration project by converting it to a rearrangement project defined in subparagraph 2 of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments, the previous designation, authorization, permission, approval, report, registration, consultation, agreement, examination, etc. (hereafter referred to as "authorization, etc." in this Article) shall be deemed valid. In such cases, the Mayor/Do Governor, a large city mayor, the head of a Si/Gun/Gu, or each project implementer shall alter the previous authorization, etc. <Newly Inserted on Feb. 1, 2012; Jul. 16, 2013; Jan. 17, 2017; Feb. 8, 2017> |
| (7) | Where the designation of an urban renewal acceleration district becomes invalid or the Mayor/Do Governor or a large city mayor cancels the designation of an urban renewal acceleration district pursuant to paragraphs (1) and (4), he/she shall, without delay, publicly notify such fact in an official gazette of the relevant local government, as prescribed by Presidential Decree. <Amended on Feb. 1, 2012; Jan. 17, 2017> |
[This Article Wholly Amended on May 30, 2011]
| Article 8 (Restrictions on Acts) |
| (1) | No Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of any Si/Gun (excluding the heads of Guns within the jurisdiction of Metropolitan Cities; hereafter the same shall apply in this paragraph) shall grant permission to engage in development acts referred to in Article 56 of the National Land Planning and Utilization Act in urban renewal acceleration districts for a period starting from the date on which the designation of the urban renewal acceleration districts is publicly notified pursuant to Article 5 until the date on which the determination of urban renewal acceleration plans is publicly notified pursuant to Article 12: Provided, That the same shall not apply where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of the Si/Gun grants permission to engage in such development acts, determining that such acts do not obstruct the formulation of urban renewal acceleration plans. <Amended on Jul. 16, 2013> |
| (2) | No building or structure unsuited to urban renewal acceleration plans shall be installed in urban renewal acceleration districts since the date on which the urban renewal acceleration plans are determined and publicly notified pursuant to Article 12: Provided, That the same shall not apply where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu approves such installation, determining that the implementation of urban renewal acceleration projects is not obstructed thereby. <Amended on Jul. 16, 2013> |
[This Article Wholly Amended on May 30, 2011]
CHAPTER III FORMULATION AND DETERMINATION OF URBAN RENEWAL ACCELERATION PLANS
| Article 9 (Formulation of Urban Renewal Acceleration Plans) |
| (1) | The head of a Si/Gun/Gu shall formulate urban renewal acceleration plans, including the following matters, and apply to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor for their determination on such plans. In such cases, if an urban renewal acceleration district spans the jurisdictions of at least two Sis, Guns and Gus, the heads of the competent Sis/Guns/Gus shall jointly formulate such plans: |
| 1. | Outline of an urban renewal acceleration plan, including location, size, and development period; |
| 3. | Population and housing accommodation plan; |
| 4. | Infrastructure installation plan, including educational facilities, cultural facilities, welfare facilities, etc.; |
| 5. | Plan for preservation of parks, green zones and environs; |
| 8. | Following matters concerning the designation of urban renewal acceleration zones: |
| (a) | Boundaries of urban renewal acceleration zones; |
| (b) | Kinds of urban renewal acceleration projects enforceable by individual Acts; |
| (c) | Matters concerning preserved areas, and if it is deemed necessary to subdivide them for management, such areas may be subdivided into the following types of zones: |
| (i) | A preserved renewal zone: a zone which fails to meet the designation requirements of urban renewal acceleration zones, but where requirements for urban renewal acceleration projects may be satisfied or the necessity for an urban renewal acceleration project may rise as time elapses or other conditions change; |
| (ii) | A preserved management zone: a zone which fails to meet the designation requirements of urban renewal acceleration zones, or which needs to be maintained or managed as an existing downtown; |
| (d) | Matters concerning the designation of priority project zones (limited to cases where it is necessary), etc.; |
| 9. | Plan for the alteration of specific-use areas of each urban renewal acceleration project (limited to cases where it is necessary); |
| 10. | Building plan of each urban renewal acceleration project, including floor area ratio, building-to-land ratio and height; |
| 11. | Plan for sharing expenses incurred in relation to infrastructure; |
| 12. | Plan for public-private partnership projects in infrastructure (limited to cases where it is necessary); |
| 13. | Housing measures for tenants or owners of a small-sized house or land who dwell in an urban renewal acceleration district (hereinafter referred to as "tenants, etc."), such as construction of public rental housing; |
| 13-2. | Crime prevention measures during a period for implementing an urban renewal acceleration project; |
| 14. | Matters necessary for the implementation of rotational development methods referred to in Article 30 (5) (limited to cases where it is necessary); |
| 15. | Matters necessary for the phased promotion of a project; |
| 16. | Plan for the placement and accommodation of shopping centers; |
| 17. | Other matters prescribed by Presidential Decree. |
| (2) | Notwithstanding the provisions of paragraph (1), where consultation between Sis/Guns/Gus is impracticable or where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor has directly designated an urban renewal acceleration district pursuant to Article 5 (3), he/she may directly formulate urban renewal acceleration plans, and where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or a large city mayor has directly designated an urban renewal acceleration district pursuant to Article 5 (4), he/she shall directly formulate urban renewal acceleration plans. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor shall undergo procedures referred to in paragraph (3) or require the head of a Si/Gun/Gu to undergo procedures referred to in the said paragraph, while the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the large city mayor shall undergo procedures referred to in the said paragraph. <Amended on Jul. 16, 2013> |
| (3) | Where the head of a Si/Gun/Gu intends to develop or alter an urban renewal acceleration plan pursuant to paragraph (1), he/she shall hold a public hearing after making the details of such development or alteration available to the general public for inspection for at least 14 days and hearing the opinions of the local council (in such cases, the local council shall present its opinions within 60 days from the date on which the head of a Si/Gun/Gu notifies the development or alteration of the urban renewal acceleration plan, and if such period elapses with no opinion presented, it shall be deemed that the local council has no objection): Provided, That the same shall not apply to cases of altering minor matters prescribed by Presidential Decree. |
| (4) | In cases of formulating or altering an urban renewal acceleration plan pursuant to paragraph (3), the head of a Si/Gun/Gu may follow procedures for obtaining approval from residents, as prescribed by ordinances of Cities/Dos or large cities. <Newly Inserted on Feb.1, 2012> |
| (5) | The Mayor/Do Governor or a large city mayor may appoint an expert in the areas of urban planning, urban design, architecture, etc. as a master planner to oversee and coordinate the whole process to formulate an urban renewal acceleration plan, as prescribed by Presidential Decree. <Amended on Feb. 1, 2012> |
| (6) | Matters necessary for standards for formulating urban renewal acceleration plans, including standards for installation and cost-sharing of infrastructure, etc. shall be separately determined by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 30, 2011]
| Article 10 (Infrastructure Installation Plans) |
Each infrastructure installation plan in accordance with an urban renewal acceleration plan shall be formulated to span a wide area by connecting urban renewal acceleration projects and comprehensively considering preserved areas in urban renewal acceleration districts and timing for promoting urban renewal acceleration projects, etc.
[This Article Wholly Amended on May 30, 2011]
| Article 11 (Cost-Sharing for Installation of Infrastructure) |
| (1) | Expenses incurred in installing infrastructure shall be borne by urban renewal acceleration project implementers referred to in Article 15 or 18 (hereinafter referred to as "project implementer") in accordance with a cost-sharing plan of the urban renewal acceleration plan. |
| (2) | The amount of expenses to be shared for the installation of infrastructure shall be determined in a balanced manner in consideration of the size, building plan, etc. of each urban renewal acceleration project. |
| (3) | Where a project implementer provides land necessary for the installation of infrastructure, the relevant urban renewal acceleration plan may contain matters to adjust a floor area ratio, building height, etc., as prescribed by Presidential Decree. |
| (4) | Where the Mayor/Do Governor or the head of a Si/Gun/Gu installs infrastructure in accordance with an urban renewal acceleration plan, if any person compensated for a land, building, etc. by the Mayor/Do Governor or the head of the Si/Gun/Gu refunds the amount of compensation plus the amount of interest determined by Ordinance of the Ministry of Land, Infrastructure and Transport to the Mayor/Do Governor or the head of the Si/Gun/Gu, he/she shall be deemed the owner of land, etc. of the relevant or adjacent urban renewal acceleration zone, and in such cases, the project implementer of the relevant urban renewal acceleration zone shall be deemed to have provided land necessary for the installation of infrastructure. Furthermore, when any person compensated for land, a building, etc. fails to return the amount of compensation, he/she may claim for the preferential purchase of land or buildings sold in the relevant or adjacent urban renewal acceleration zones. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 30, 2011]
| Article 12 (Determination of Urban Renewal Acceleration Plans) |
| (1) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor has received an application for the determination of an urban renewal acceleration plan from the head of a Si/Gun/Gu pursuant to Article 9 (1), or where the Mayor/Do Governor or a large city mayor has directly formulated an urban renewal acceleration plan pursuant to Article 9 (2), he/she shall determine or alter it after holding consultation with the heads of relevant administrative agencies and undergoing deliberation of the Local Urban Planning Committee established in the relevant City/Do or large city or deliberation jointly conducted by the Building Committee established in the relevant City/Do or large city pursuant to Article 4 of the Building Act and the Local Urban Planning Committee: Provided, That the same shall not apply to alteration of minor matters prescribed by Presidential Decree. <Amended on Feb. 1, 2012> |
| (2) | In cases of Cities/Dos or large cities in which an urban renewal committee has been established pursuant to Article 34, deliberation by the Local Urban Planning Committee or deliberation jointly conducted by the Building Committee and the Local Urban Planning Committee under paragraph (1) may be substituted by the deliberation of the urban renewal committee. |
| (3) | Where the Mayor/Do Governor or a large city mayor determines or alters an urban renewal acceleration plan pursuant to paragraphs (1) and (2), he/she shall publicly notify it, without delay, in an official gazette of the relevant local government, as prescribed by Presidential Decree, and the large city mayor shall notify the competent Do Governor thereof. |
| (4) | Where the Mayor/Do Governor or a large city mayor has publicly notified the determination of an urban renewal acceleration plan pursuant to paragraph (3), he/she shall report it to the Minister of Land, Infrastructure and Transport in accordance with methods and procedures determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 30, 2011]
| Article 13 (Validity of Determination of Urban Renewal Acceleration Plans) |
| (1) | Where an urban renewal acceleration plan has been determined and publicly notified pursuant to Article 12, any of the following approval, determination, etc. shall be deemed granted and made on the date on which such public notice is made: <Amended on Apr. 14, 2011; Feb. 8, 2017> |
| (2) | When formulating urban renewal acceleration plans, examination of a statement of traffic impact assessment under Article 16 of the Urban Traffic Improvement Promotion Act and environmental impact assessment under Article 22 of the Environmental Impact Assessment Act may be conducted for urban renewal acceleration projects, and in such cases, neither examination of a statement of traffic impact assessment nor assessment of environmental impacts shall be conducted when implementing the urban renewal acceleration projects. <Amended on Jul. 21, 2011; Jul. 24, 2015> |
| (3) | Each urban renewal acceleration project in urban renewal acceleration districts shall be implemented in accordance with urban renewal acceleration plans. |
[This Article Wholly Amended on May 30, 2011]
| Article 13-2 (Invalidity, etc. of Designation of Urban Renewal Acceleration Zones) |
| (1) | Where the designation of an urban renewal acceleration zone has become invalid under statues related to urban renewal acceleration projects, the determination of urban renewal acceleration plans for the relevant urban renewal acceleration zone shall be deemed invalid as well. In such cases, the Mayor/Do Governor or a large city mayor shall alter the urban renewal acceleration plans. |
| (2) | The zone, for which urban renewal acceleration plans have become invalid pursuant to paragraph (1), shall be excluded from urban renewal acceleration districts. In such cases, with regard to the zone, for which urban renewal acceleration plans have become invalid, City/Gun management plans provided in Article 30 of the National Land Planning and Utilization Act, which was altered in accordance with urban renewal acceleration plans, shall be deemed reinstated before the determination of such urban renewal acceleration plans is made. |
| (3) | Notwithstanding the provisions of the former part of paragraph (2), the Mayor/Do Governor or a large city mayor may convert the zone, for which the determination of urban renewal acceleration plans has become invalid pursuant to paragraph (1), into a preserved area. In such cases, in the relevant preserved area, the City/Gun management plans under Article 30 of the National Land Planning and Utilization Act related to infrastructure may not be reinstated before the determination of the urban renewal acceleration plans is made. |
[This Article Newly Inserted on Feb. 1, 2012]
CHAPTER IV IMPLEMENTATION OF URBAN RENEWAL ACCELERATION PROJECTS
| Article 14 (General Management of Implementation of Projects in Urban Renewal Acceleration Districts) |
| (1) | Each person authorized to formulate urban renewal acceleration plans under Article 9 (1) and (2) (hereinafter referred to as "person authorized to formulate urban renewal acceleration plans") may designate a person referred to in Article 15 (1) 1 or 2 as a general project manager from the stage of formulating urban renewal acceleration plans in order to efficiently implement projects: Provided, That if the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor designates a general project manager, he/she shall consult with the head of the competent Si/Gun/Gu. |
| (2) | Each general project manager designated under paragraph (1) (hereinafter referred to as "general project manager") shall conduct the following duties on behalf of the heads of local governments: |
| 1. | General management of all urban renewal acceleration projects in urban renewal acceleration districts; |
| 2. | Installation of infrastructure, such as roads; |
| 3. | Management of contributions and subsidies for infrastructure; |
| 4. | Advice on consultations about infrastructure installation plans, etc. at the time of formulating urban renewal acceleration plans; |
| 5. | Other duties provided in this Act and duties prescribed by Presidential Decree. |
[This Article Wholly Amended on May 30, 2011]
| Article 15 (Project Implementers) |
| (1) | Each urban renewal acceleration project shall be implemented by the implementer of such project under the relevant statutes referred to in each item of subparagraph 2 of Article 2: Provided, That notwithstanding the provisions of the Act on the Improvement of Urban Areas and Residential Environments, regarding projects referred to in subparagraph 2 (a) of Article 2, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu may directly implement urban renewal acceleration projects or designate any of the following persons as a project implementer when consent from a majority of the owners of land, etc. is obtained: <Amended on Jul. 16, 2013> |
| 2. | Local public enterprises established to implement housing projects under the Local Public Enterprises Act (hereinafter referred to as "local public enterprise"). |
| (2) | An urban renewal acceleration project within a priority project zone shall be implemented directly by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu or by a general project manager designated as the implementer of such project with approval from a majority of the owners of land, etc., notwithstanding the provisions of the relevant statutes. <Amended on Jul. 16, 2013> |
| (4) | Matters necessary for methods of calculating the number of approvers under paragraphs (1) and (2), etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 30, 2011]
| Article 16 (Public-Private Partnership Projects) |
| (2) | The head of a local government may have a general project manager of each urban renewal acceleration district implement public-private partnership projects under paragraph (1) on his/her behalf. |
| (3) | Matters necessary for the implementation of public-private partnership projects shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 30, 2011]
| Article 17 (Formation of Consultative Council on Projects) |
| (1) | Each person authorized to formulate urban renewal acceleration plans may organize and operate a consultative council on projects for consultations or advice on the following matters: Provided, That if the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor directly formulates an urban renewal acceleration plan, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor may organize and operate a consultative council on projects, until an urban renewal acceleration plan is determined: |
| 1. | Matters necessary for formulating urban renewal acceleration plans and implementing urban renewal acceleration projects; |
| 2. | Matters necessary for adjusting opinions of residents for each urban renewal acceleration project; |
| 3. | Other matters prescribed by Presidential Decree. |
| (2) | Each consultative council on projects shall be comprised of no more than 20 members (if at least ten urban renewal acceleration zones exist, not more than 30 members) and a master planner (hereinafter referred to as "master planner") and a general project manager under Article 9 (5) shall become the members of the consultative council on projects, and a person authorized to formulate urban renewal acceleration plans shall appoint or commission the remaining members from among the following persons: <Amended on Feb. 1, 2012> |
| 1. | Relevant public officials of relevant local governments; |
| (3) | Each person authorized to formulate urban renewal acceleration plans shall hold meetings of the consultative council on projects in any of the following cases: |
| 1. | Where a half or more of the members of the consultative council on projects make a request; |
| 2. | Where a person authorized to formulate urban renewal acceleration plans deems it necessary. |
| (4) | Except as provided in this Act, matters necessary for the organization and operation of the consultative council on projects and other matters shall be determined by ordinances of local governments. |
[This Article Wholly Amended on May 30, 2011]
| Article 18 (Expedition of Implementation of Projects) |
| (1) | Where authorization for the establishment of an association fails to be obtained in connection with an urban renewal acceleration project under relevant Acts that provide for the relevant project within two years from the date on which an urban renewal acceleration plan is determined and publicly notified, or where authorization for the implementation of a project cannot be obtained under relevant Acts that provide for the relevant project within three years, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu may directly implement such project or designate the general project manager as a project implementer preferentially: Provided, That the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of the Si/Gun/Gu may designate a general project manager as a project implementer limitedly for projects where the general project manager is eligible to become a project implementer pursuant to the corresponding Acts for each urban renewal acceleration project (including projects where the general project manager is eligible to become a joint implementer) provided in the relevant Acts referred to in each item of subparagraph 2 of Article 2. <Amended on Jul. 16, 2013> |
| (2) | Notwithstanding the provisions of paragraph (1), the period prescribed in paragraph (1) for preserved areas shall be calculated, starting from the time an urban renewal acceleration project determined in urban renewal acceleration plans can be implemented. In such cases, where the relevant time has arrived and the urban renewal acceleration plans have been altered and publicly notified to implement the urban renewal acceleration project, the period shall be calculated, starting from the date of public notice thereof. |
[This Article Wholly Amended on May 30, 2011]
CHAPTER V SUPPORT FOR IMPLEMENTATION OF URBAN RENEWAL ACCELERATION PROJECTS
| Article 19 (Special Cases on Mitigation of Building Regulations) |
| (2) | If necessary, each person authorized to formulate urban renewal acceleration plans may formulate urban renewal acceleration plans to the effect that the following matters are to be included, notwithstanding the provisions of the National Land Planning and Utilization Act or municipal ordinances stipulated pursuant to delegation under the same Act: |
| (3) | With respect to urban renewal acceleration districts classified as center terrain or complex terrain of high density, every person authorized to formulate urban renewal acceleration plans may, if necessary, formulate urban renewal acceleration plans in which the criteria for school facilities provided in the Elementary and Secondary Education Act and the criteria for installation of parking lots provided in the Housing Act and Parking Lot Act are to be mitigated. |
| (4) | With respect to urban renewal acceleration districts classified as complex terrain of high density, every person authorized to formulate urban renewal acceleration plans may develop urban renewal acceleration plans in which restrictions on the maximum height of buildings for each block determined by municipal ordinance pursuant to Article 60 (2) of the Building Act or on the height under paragraph (3) of the same Article are to be relaxed, notwithstanding the provisions of the said Act. |
| (5) | Matters necessary for the specific scope of application, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 30, 2011]
| Article 19-2 (Special Cases on Priority Project Zones) |
| (1) | The head of a Si/Gun/Gu or the Mayor/Do Governor may develop separate urban renewal acceleration plans for priority project zones pursuant to the procedures provided for in Articles 9 and 12, and file applications for the determination thereof or determine and publicly notify them, even before the determination and public notice of urban renewal acceleration plans covering the entire urban renewal acceleration districts, if necessary to promote urban renewal acceleration projects, expand the supply of small-sized houses, and support the relocation of residents. |
| (2) | Where urban renewal acceleration plans for priority project zones are determined and publicly notified pursuant to paragraph (1), projects may be implemented within those priority project zones pursuant to relevant statutes even before the entire urban renewal acceleration plans are determined and publicly notified (including being altered). |
[This Article Newly Inserted on Dec. 29, 2009]
| Article 20 (Special Cases on Sizes and Building Rates of Housing) |
[This Article Wholly Amended on May 30, 2011]
| Article 20-2 (Special Cases on Sizes and Building Rates of Housing Based on Floor Area Ratio to Be Increased) |
In cases of an urban renewal acceleration district classified as the complex terrain of high density, the sizes and building rates of housing based on the floor area ratio to be increased as a result of the relevant urban renewal acceleration project may be separately prescribed by Presidential Decree. In such cases, the floor area ratio to be increased means the floor area ratio to be increased pursuant to Article 19, based on the specific-use area at the time when the urban renewal acceleration district is designated, excluding the floor area ratio increased in recompense for the provision of land for installation of infrastructure pursuant to Article 11 (3). [This Article Newly Inserted on Dec. 29, 2009]
| Article 21 (Special Cases on Implementation of Urban Development Projects) |
| (1) | Notwithstanding relevant provisions under Article 32 of the Urban Development Act, the implementer of each urban development project carried out in urban renewal acceleration districts may formulate a three-dimensional land substitution plan for the owners of buildings, such as houses or the owners of land. |
| (2) | The three-dimensional land substitution plan referred to in paragraph (1) may be formulated for land which is not secured by the authorities in recompense for development outlay, etc. under Article 34 of the Urban Development Act. |
[This Article Wholly Amended on May 30, 2011]
| Article 22 (Reduction of and Exemption from Local Taxes) |
Local taxes, such as an acquisition tax and a registration and license tax, may be reduced and exempted pursuant to the Restriction of Special Local Taxation Act and ordinances of local governments for any of the following buildings, which are built in urban renewal acceleration districts in accordance with urban renewal acceleration plans: | 6. | Other facilities deemed by municipal ordinance necessary for regional development. |
[This Article Wholly Amended on May 30, 2011]
| Article 23 (Exemption of Overconcentration Charges) |
[This Article Wholly Amended on May 30, 2011]
| Article 24 (Establishment of Special Accounts) |
| (1) | The Mayor/Do Governor or the head of a Si/Gun/Gu may establish Special Accounts for urban renewal acceleration (hereinafter referred to as "Special Accounts") in the relevant local government for the expedition of urban renewal acceleration projects, support for the installation of infrastructure, etc. |
| (2) | Special Accounts shall be established with the following financial resources: <Amended on Aug. 9, 2017> |
| 1. | Money transferred from general accounts; |
| 2. | Subsidies of the Government; |
| 7. | Collected loans, interest receipts and other earnings of the relevant Special Accounts; |
| 8. | Rental deposits and rents of rental housing supplied to the Mayor/Do Governor pursuant to Article 31 (3); |
| 9. | Other financial resources prescribed by municipal ordinances of Cities/Dos. |
| (3) | Special accounts shall be used for the following purposes: |
| 1. | Installation of infrastructure, and subsidies and loans for its installation expenses; |
| 2. | Redemption of the principal and interest on loans; |
| 3. | Expenses incurred in establishing, operating and managing Special Accounts; |
| 5. | Support for housing stabilization for tenants, etc., such as purchase and management of rental housing; |
| 6. | Other matters prescribed by Presidential Decree. |
| (4) | If necessary, the Minister of Land, Infrastructure and Transport may have the heads of local governments report on the operational conditions of Special Accounts. <Amended on Mar. 23, 2013> |
| (5) | Matters necessary for the establishment, operation and management of Special Accounts shall be determined by ordinances of the relevant local governments in accordance with the standards prescribed by Presidential Decree. |
[This Article Wholly Amended on May 30, 2011]
| Article 25 (Special Cases on Improvement of Educational Environments) |
| (1) | Each person authorized to formulate urban renewal acceleration plans shall include a school installation plan or improvement plan in an urban renewal acceleration plan after holding consultation with the superintendent of the office of education in order to improve educational environments. |
| (2) | The superintendent of each office of education shall formulate a land purchase plan or improvement plan for the relevant school in accordance with a school installation plan or improvement plan under paragraph (1). |
| (4) | If deemed necessary to improve educational environments, the head of a local government may directly purchase school land in accordance with urban renewal acceleration plans in which a school installation plan formulated and determined pursuant to paragraph (1) is included. |
| (5) | Notwithstanding the provisions of the Public Property and Commodity Management Act and relevant statutes, the head of a local government may have land or other property (hereafter referred to as "land, etc." in this Article) in possession of the local government used, used for profit-making or lent (hereinafter referred to as "lease") by or sold to those who intend to establish and operate private schools in urban renewal acceleration districts, by means of private contracting. |
| (6) | In cases of leasing land, etc. in possession of a local government pursuant to paragraph (5), the term of lease shall be determined separately by Presidential Decree within the scope of 50 years, notwithstanding the provisions of the Public Property and Commodity Management Act. In such cases, the term of lease may be extended within the scope not exceeding the term of renewal determined by Presidential Decree. |
| (7) | In cases of leasing land, etc. in possession of a local government pursuant to paragraph (5), permanent installations may be constructed on the land, notwithstanding the provisions of the Public Property and Commodity Management Act. In such cases, a condition to contribute the land to the local government or return the land to the local government after reinstating at the time the term of lease terminates shall be added, taking into account the kind, etc. of the relevant installations. |
| (8) | Where the head of a local government leases or sells land, etc. in his/her possession pursuant to paragraph (5), he/she may allow the reduction, exemption, or installed payment of the rents and selling prices of the relevant land, as prescribed by Presidential Decree, notwithstanding the provisions of the Public Property and Commodity Management Act. |
[This Article Wholly Amended on May 30, 2011]
CHAPTER VI RESTITUTION OF DEVELOPMENT GAINS
| Article 26 (Principle of Cost-Sharing) |
Except as otherwise expressly provided in this Act, expenses incurred in installing infrastructure built in accordance with an urban renewal acceleration plan shall be borne by a project implementer in principle.
[This Article Wholly Amended on May 30, 2011]
| Article 27 (Installation of Infrastructure in Urban Renewal Acceleration Districts) |
| (1) | Installers of infrastructure in urban renewal acceleration districts shall be classified as follows: |
| 1. | Installation of roads, waterworks and sewerage: Local governments; |
| 2. | Installation of power and gas supply facilities or district heating facilities: Suppliers of power, gas or heating to relevant areas; |
| 3. | Installation of communications facilities: Providers of communications services to relevant areas; |
| 4. | Installation of other infrastructure: Persons determined by Presidential Decree. |
| (2) | The installation of infrastructure referred to in paragraph (1) shall be completed by the date on which an application for inspection on completion of the relevant urban renewal acceleration project is filed, except in extenuating circumstances. |
| (3) | The scope of installation of infrastructure referred to in paragraph (1) by kind shall be prescribed by Presidential Decree. |
| (4) | Where a project implementer intends to bear the installation costs of roads, waterworks or sewerage that does not fall into the scope, for which a local government is responsible for installation pursuant to paragraph (3), the local government may implement the project to install such roads, waterworks or sewerage on behalf of the project implementer, at the request of the project implementer. |
| (5) | If necessary for the smooth installation of infrastructure, every local government may install the relevant infrastructure in advance and get reimbursement of expenses incurred in relation thereto from the project implementer after the lapse of a period determined by Presidential Decree. In such cases, when the project implementer fails to reimburse the relevant expenses, reimbursement of such expenses may be obtained under the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended on Aug. 6, 2013> |
[This Article Wholly Amended on May 30, 2011]
| Article 28 (Costs for Installation of Infrastructure outside Urban Renewal Acceleration Districts) |
| (1) | In cases of installing infrastructure prescribed by Presidential Decree to be used by an urban renewal acceleration district in an area outside the urban renewal acceleration district, a person authorized to formulate urban renewal acceleration plans may have the project implementer bear the installation costs in accordance with an urban renewal acceleration plan in which a cost-sharing plan is included. |
| (2) | If any local government or the manager of any public facility profits from infrastructure installed in an area outside the urban renewal acceleration district at the cost of the project implementer, each person authorized to formulate urban renewal acceleration plans may impose some of the installation costs of the relevant infrastructure on the local government or the manager of the public facility profiting from the installation of the infrastructure, as prescribed by Presidential Decree. In such cases, a person authorized to formulate urban renewal acceleration plans shall consult with the local government or the manager of the public facility and the relevant project implementer. |
[This Article Wholly Amended on May 30, 2011]
| Article 29 (Subsidization of Installation Costs of Infrastructure) |
| (1) | Where the State or the Mayor/Do Governor falls under any of the following cases, it or he/she may subsidize some or all expenses incurred in installing infrastructure prescribed by Presidential Decree to the Mayor/Do Governor, or to the head of a Si/Gun/Gu: Provided, That in cases falling under subparagraph 2 or 3, the State shall, within the limits prescribed by Presidential Decree, provide an amount in the range of not less than 10 percent to not more than 50 percent of expenses incurred in installing infrastructure prescribed by Presidential Decree: <Amended on Feb. 1, 2012> |
| 1. | Where it is related to the State or a City/Do plan; |
| 2. | Where it is an area prescribed by Presidential Decree, such as a retarded area formed by the State or local governments for the collective migration of low-income urban people, in which infrastructure is so poor that securing infrastructure only at the cost of project implementers is impractical; |
| 3. | In cases prescribed by Presidential Decree, in consideration of the financial self-reliance rate, etc. of the local government having the jurisdiction of an urban renewal acceleration district; |
| 4. | Other cases prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may provide loans or subsidies from the Housing and Urban Fund established under the Housing and Urban Fund Act for all or some expenses incurred in installing infrastructure prescribed by Presidential Decree to the Mayor/Do Governor or to the head of a Si/Gun/Gu, and matters necessary for the detailed methods, terms and conditions, etc. of lending from the Housing and Urban Fund shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jan. 6, 2015> |
| (3) | Where the State intends to subsidize expenses incurred in installing infrastructure pursuant to paragraph (1), it may do so within the scope of a budget secured through the deliberation of the Housing Policy Deliberative Committee established under Article 8 of the Framework Act on Residence. <Amended on Jun. 22, 2015> |
| (4) | The Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor may provide the head of a Si/Gun/Gu with an amount equivalent to all or some expenses incurred in installing infrastructure which are granted by the State to the head of the relevant Si/Gun/Gu pursuant to the proviso to paragraph (1). <Newly Inserted on Feb. 1, 2012; Jul. 16, 2013> |
[This Article Wholly Amended on May 30, 2011]
| Article 30 (Construction of Rental Housing for Tenants) |
| (1) | The head of a local government or every project implementer shall endeavor to stabilize housing for tenants and owners of small houses and land living in urban renewal acceleration districts. |
| (2) | Each person authorized to formulate urban renewal acceleration plans shall conduct a survey of residents living in urban renewal acceleration districts regarding their residential conditions, including the following matters, before formulating urban renewal acceleration plans: |
| 1. | Number of housing units, number of households, and number of residents; |
| 2. | Income levels and occupational types of each household; |
| 3. | Sizes of housing units and types of settlement (homeowners, leasing houses on a deposit basis, monthly rent, etc.); |
| 4. | Housing prices and levels of rents; |
| 5. | Other matters prescribed by Presidential Decree. |
| (3) | Each person authorized to formulate urban renewal acceleration plans shall conduct a housing demand survey, including the following matters, and reflect the results thereof in urban renewal acceleration plans to induce the resettlement of tenants, etc.: |
| 1. | Expected demand for rental housing, including housing sizes and levels of rents; |
| 2. | Expected demand for small housing units for installment sale, including housing sizes and levels of installment sale prices; |
| 3. | Expected demand for moving to neighboring areas; |
| 4. | Other matters prescribed by Presidential Decree. |
| (4) | Each person authorized to formulate urban renewal acceleration plans shall include rental housing construction plans reflecting the results of the surveys conducted under paragraphs (2) and (3) in urban renewal acceleration plans, and every project implementer shall construct and supply rental housing in accordance with such plans. In such cases, methods to supply rental housing, etc. may be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (5) | To stabilize housing for homeowners (limited to those who are actually living in urban renewal acceleration zones) or tenants during the period of implementing urban renewal acceleration projects, every project implementer may provide temporary residential facilities, such as public housing or purchased rental houses under subparagraph 1 (a) of Article 2 of the Special Act on Public Housing, which he/she constructs in adjacent areas or purchased rental houses, or utilize the rotational development method to develop urban renewal acceleration projects in phases. <Amended on Jan. 14, 2014; Aug. 28, 2015> |
| (6) | Where a project implementer intends to carry out a project by the rotational development method pursuant to paragraph (5), he/she shall formulate implementation plans by the rotational development method, in advance, on whether to secure temporary residential facilities in adjacent areas, such as public housing or purchased rental houses, persons subject to moving, and rental conditions, prior to filing an application for authorization for the implementation of such project, and reflect such plans in the project implementation plan. <Amended on Jan. 14, 2014> |
[This Article Wholly Amended on May 30, 2011]
| Article 30-2 (Measures for Petty Merchants and Shop Tenants) |
A project implementer, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall endeavor to devise measures for protecting petty merchants and shop tenants in urban renewal acceleration districts. <Amended on Jul. 16, 2013>
[This Article Newly Inserted on Dec. 29, 2009]
| Article 30-3 (Prevention of Crimes in Urban Renewal Acceleration Districts) |
Where an urban renewal acceleration plan has been determined or publicly notified under Article 12 (1) and (3), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall notify the chief of a competent police station of such fact, and where an urban renewal acceleration project is implemented, he/she may request the commissioner of a competent district police agency or the chief of a competent police station to comply with the following matters for the safety of residents, etc. in urban renewal acceleration zones: <Amended on Jul. 16, 2013> | 2. | Installation and management of facilities necessary to prevent crimes, such as installation of patrol posts; |
| 3. | Other matters deemed necessary for the safety of residents. |
[This Article Newly Inserted on May 30, 2011]
| Article 31 (Construction of Rental Housing) |
| (1) | Each project implementer shall supply rental houses at the rate prescribed by Presidential Decree within the scope of 75 percent of the floor area ratio to be increased as a result of the relevant urban renewal acceleration project in order to stabilize housing for tenants and adjust development gains. In such cases, the floor area ratio to be increased as a result of the relevant urban renewal acceleration project means the floor area ratio to be increased pursuant to Article 19, based on the specific-use area at the time the urban renewal acceleration district is designated, excluding the floor area ratio increased in recompense for the provision of land for installation of infrastructure pursuant to Article 11 (3). |
| (2) | The rate of rental houses with an exclusive living space exceeding 85 square meters in size to be constructed pursuant to paragraph (1) shall be prescribed by Presidential Decree within the scope of 50 percent or less. |
| (3) | Each project implementer shall supply rental houses constructed pursuant to paragraph (1) to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, the Korea Land and Housing Corporation or local public enterprises, as prescribed by Presidential Decree. In such cases, the supply prices of the rental houses shall be the amounts publicly notified by the Minister of Land, Infrastructure and Transport based on the building costs invested in the construction of the relevant rental houses, and the appurtenant land thereof shall be deemed contributed to the acceptor. <Amended on Mar. 23, 2013> |
| (4) | Each project implementer shall consult with the acceptor on matters concerning the rental houses to be constructed pursuant to paragraph (1), such as the scale of rental houses, prior to filing an application for authorization for the implementation of the project and reflect them in the project implementation plan. |
| (5) | Each project implementer shall entrust the registration of rental houses to be constructed pursuant to paragraph (1) to the acceptor or apply for such registration, without delay, after obtaining authorization for the completion of the urban renewal acceleration project. In such cases, if the project implementer refuses or defers the entrustment or application of registration, the acceptor may entrust or apply for the registration. |
| (6) | Qualifications for lessees, levels of rents, etc. of rental houses to be constructed pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 30, 2011]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 32 Deleted. <Jan. 19, 2016> |
| Article 33 (Severable Transaction of Land) |
| (1) | In cases of supplying buildings, such as houses, in accordance with a relevant Act that stipulates the relevant urban renewal acceleration project, if any of the following cases occurs after the date on which the public notice referred to in Article 5 (5) is made or after the date separately determined by the Mayor/Do Governor or a large city mayor in order to prevent speculative investment, etc. (hereafter referred to as "basic date" in this Article), the right to purchase relevant land or buildings, such as houses, in lots shall be calculated based on the basic date: |
| 1. | Where one parcel of land is subdivided into several lots of land; |
| 2. | Where a detached house or multi-family house is converted to a multi-household dwelling; |
| 3. | Where a building, such as a house, is divided or the number of the joint owners thereof increases; |
| 4. | Where land and a building, such as a house, which are owned by the same person in one tract of land, are divided into land and a building, such as a house, to be separately owned; |
| 5. | Where the number of the owners of a land, etc. increases because of buildings newly constructed on bare ground or multi-household houses or other apartment houses constructed through removing existing buildings. |
| (2) | Where the Mayor/Do Governor or a large city mayor determines the basic date separately pursuant to paragraph (1), he/she shall publicly notify the basic date, the causes of determining the basic date, criteria for the calculation of the right to purchase buildings in lots, etc. in the official gazette of the relevant local government. |
[This Article Wholly Amended on May 30, 2011]
| Article 34 (Urban Renewal Committee) |
| (1) | An urban renewal committee may be established under the jurisdiction of the Mayor/Do Governor or a large city mayor to deliberate on the following matters and to give advice to the Mayor/Do Governor or large city mayor: |
| 1. | Deliberation or consultation on the designation and alteration of urban renewal acceleration districts; |
| 2. | Consultation on formulation of urban renewal acceleration plans; |
| 3. | Deliberation or consultation on the determination or alteration of urban renewal acceleration plans; |
| 4. | Consultation on implementation of urban renewal acceleration projects; |
| 5. | Other matters necessary for accelerating urban renewal. |
| (2) | Matters necessary for establishing and operating the urban renewal committee referred to in paragraph (1) shall be determined by ordinance of the relevant local government within the scope prescribed by Presidential Decree. |
[This Article Wholly Amended on May 30, 2011]
| (1) | Where a project implementer carries out an urban renewal acceleration project in violation of urban renewal acceleration plans, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu may issue an order for correction upon fixing a period for correction. <Amended on Mar. 23, 2013> |
| (2) | With respect to any project implementer that fails to make corrections within the relevant period even after he/she has received an order for correction under paragraph (1), the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu may take necessary measures, such as the revocation of the designation of the project implementer, and revocation of authorization or approval for the urban renewal acceleration project under corresponding statutes. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu shall hold a hearing to make a disposition prescribed in paragraph (2). <Newly Inserted on Jul. 16, 2013> |
[This Article Wholly Amended on May 30, 2011]
[Title Amended on Jul. 16, 2013]
| Article 36 (Demand for Submission of Materials) |
| (1) | With respect to urban renewal acceleration projects carried out in urban renewal acceleration districts, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or a large city mayor may request necessary materials, such as materials on the current state of urban renewal acceleration projects by phases, from the Mayor/Do Governor or the head of a Si/Gun/Gu and project implementers, and the person upon receipt of such request shall submit the relevant materials without delay. <Amended on Mar. 23, 2013; Apr. 23, 2019> |
| (2) | If necessary to perform the affairs under Article 14 (2), a general project manager may request participants in an urban renewal acceleration project, such as the association establishment promotion committee, a project implementer, a designer, a constructor, and a management entity specialized in improvement projects (referring to a management entity specialized in improvement projects under the Act on the Improvement of Urban Areas and Residential Environments; hereafter in this Article the same shall apply), to submit materials related to the urban renewal acceleration project, and the person upon receipt of such request shall comply therewith unless there is a compelling reason not to do so. <Amended on Apr. 23, 2019> |
| (3) | Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, a large city mayor, or a general project manager requests materials from participants in an urban renewal acceleration project, such as the association establishment promotion committee, a project implementer, a designer, a contractor, and a management entity specialized in improvement projects, pursuant to paragraph (1) or (2), he/she shall give prior notice pursuant to Article 17 of the Framework Act on Administrative Investigations. <Newly Inserted on Apr. 23, 2019> |
[This Article Wholly Amended on May 30, 2011]
| Article 37 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Wholly Amended on May 30, 2011]
ADDENDA <Act No. 7834, Dec. 30, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases concerning Existing Project Districts)
In cases of districts similar to urban renewal acceleration districts, the designation and public notice of which have already been done by the Mayor/Do Governor at the time this Act enters into force, for which the procedures, such as public inspection, collection of opinions of local councils, deliberation of relevant committees, or other procedures similar thereto under this Act have been taken, the districts recognized by the Minister of Land, Transport and Maritime Affairs at the request of the Mayor/Do Governor and the project plans thereof shall be deemed completed the designation and public notice of the urban renewal acceleration districts or the determination and public notice of the urban renewal acceleration plans under this Act. <Amended on May 30, 2011>
Article 3 (Application of Authorization for Implementation of Projects)
| (1) | This Act shall not apply to the projects for which authorization for implementation of project or authorization for action plan has been obtained in accordance with the relevant statutes referred to in subparagraph 2 of Article 2 in urban renewal acceleration districts before this Act enters into force. <Amended on Mar. 28, 2008> |
| (2) | When an urban renewal acceleration plan is deemed to have been determined and publicly notified pursuant to Article 2 of Addenda, if a project in a district falling under subparagraph 2 of Article 2 formulates a project plan and is designated as a zone in accordance with relevant statutes, the formulation of that project plan and designation of the zone, authorization for establishment of association, authorization for implementation of project or authorization for action plan shall follow the conditions prescribed by the relevant statutes, notwithstanding paragraph (1). <Amended on Mar. 28, 2008> |
Article 4 (Application to Authorization for Establishment of Associations)
Where authorization for establishment of association has been obtained in accordance with relevant statutes at the time when this Act enters into force, if the scope of the project concerned has been altered in accordance with an urban renewal acceleration plan under this Act, the authorization for establishment of association shall be altered in accordance with such altered matters.
Article 5 Omitted.
ADDENDA <Act No. 7959, May 24, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 8786, Dec. 21, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... the amended provisions of the statutes which were promulgated before this Act enters into force but the enforcement dates of which have not yet arrived, from among the statutes amended under Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective statutes. Articles 2 through 7 Omitted.
ADDENDA <Act No. 8970, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on April 12, 2008. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9037, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 9048, Mar. 28, 2008>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability) The amended provisions of Article 3 (2) of Addenda of the Special Act on the Acceleration of Urban Renewal (Act No. 7834) shall apply from the first urban renewal acceleration plan to be determined and publicly notified pursuant to Article 2 of Addenda of the Special Act on the Acceleration of Urban Renewal (Act No. 7834). |
ADDENDA <Act No. 9071, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 9321, Dec. 31, 2008>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (3) and Article 29 (1) shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9386, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Article shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9511, Mar. 20, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 9539, Mar. 25, 2009>
This Act shall enter into force on the date of promulgation.
ADDENDUM <Act No. 9876, Dec. 29, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6 (3), 19 (4) and (5), and 20-2 shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Change in Type of Urban Renewal Acceleration Districts) Even where an urban renewal acceleration district is designated and publicly notified as residential terrain or center terrain or an urban renewal acceleration plan is determined and publicly notified before this Act enters into force, if such district meets the requirements to be designated as an urban renewal acceleration district in complex terrain of high density as prescribed in the amended provisions of Article 6, projects may be conducted after the type of all or part of the district is designated as complex terrain of high density or the urban renewal acceleration plan is amended. In such cases, the area of the remaining part of the district designated as complex terrain of high density shall not be governed by the amended provisions of Article 6 (3). |
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10221, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10761, May 30, 2011>
Article 1 (Enforcement Date)
The Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 30-3 shall enter into force on the date of its promulgation, and Article 3 of Addenda shall enter into force on April 15, 2012. Article 2 (Applicability)
The amended provisions of Articles 4 through 7 shall apply for the first urban renewal acceleration district to be designated or altered after this Act enters into force, while the amended provisions of Articles 9 through 12 shall apply from the first case urban renewal acceleration plan to be determined or altered after this Act enters into force. Article 3 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11294, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 4 (3), 7 (3) through (5), 9 (4) and 13-2 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Urban Management Planning)
"City/Gun management planning" in the amended provisions of Article 13-2 (2) and (3) shall be construed as "urban management planning" until April 14, 2012.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11924, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Mitigation of Building Regulations)
The amended provisions of Article 3 (3) shall begin to apply from a urban renewal acceleration plan established or amended after this Act enters into force.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12251, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12989, May. 1, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13378, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13433, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13498, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13794, Jan. 19, 2016>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 14540, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 7 (3) and (4) shall begin to apply from the first case where the designation of an urban renewal acceleration district is revoked after this Act enters into force.
ADDENDA <Act No. 14567, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 40 Omitted.
ADDENDA <Act No. 14569, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 14859, Aug. 9, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16385, Apr. 23, 2019>
This Act shall enter into force on the date of its promulgation.