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ENFORCEMENT DECREE OF THE RESTITUTION OF EXCESS REBUILDING GAINS ACT

Presidential Decree No. 19692, Sep. 22, 2006

Amended by Presidential Decree No. 20722, Feb. 29, 2008

Presidential Decree No. 21445, Apr. 21, 2009

Presidential Decree No. 21641, Jul. 27, 2009

Presidential Decree No. 21744, Sep. 21, 2009

Presidential Decree No. 22072, Mar. 4, 2010

Presidential Decree No. 24443, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25339, Apr. 29, 2014

Presidential Decree No. 26369, jun. 30, 2015

Presidential Decree No. 26762, Dec. 28, 2015

Presidential Decree No. 27444, Aug. 11, 2016

Presidential Decree No. 27471, Aug. 31, 2016

Presidential Decree No. 27472, Aug. 31, 2016

Presidential Decree No. 27473, Aug. 31, 2016

Presidential Decree No. 28280, Sep. 5, 2017

Presidential Decree No. 28627, Feb. 9, 2018

Presidential Decree No. 29269, Oct. 30, 2018

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Restitution of Excess Rebuilding Gains Act and those necessary for the enforcement thereof.
 Article 2 (Housing Exempt from Imposition)
“Housing owned by the State or a public institution, etc. as prescribed by Presidential Decree" provided for in the provisos of subparagraphs 4 and 5 of Article 2 of the Restitution of Excess Rebuilding Gains Act (hereinafter referred to as the “Act”) means the housing stated in the following subparagraphs: <Amended by Presidential Decree No. 28280, Sep. 5, 2017>
1. Housing owned by the State or a local government;
2. Housing for lease, owned by a public institution under Article 4 of the Act on the Management of Public Institutions or by a local government-invested public corporation established to perform a housing project under Article 49 of the Local Public Enterprises Act (hereinafter referred to as “local government-invested public corporation”);
3. Housing for lease, owned by an institution deemed the State or a local government as at the time of constructing or supplying housing under relevant statutes and regulations.
 Article 3 (Evaluation Criteria and Procedures for Support with Recaptured Money)
(1) The head of a local government in the region where the rebuilding project site subject to rebuilding charges is located shall report the funds or accounts to which rebuilding charges are attributed under Article 4 (1) of the Act and the plan for managing the relevant financial resources to the Minister of Land, Infrastructure and Transport by the time the charges cease to accrue. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(2) “Other matters prescribed by Presidential Decree” provided for in Article 4 (4) 3 of the Act means the following: <Amended by Presidential Decree No. 21445, Apr. 21, 2009; Presidential Decree No. 25339, Apr. 29, 2014; Presidential Decree No. 26762, Dec. 28, 2015>
1. The track record of housing projects of the relevant local government, such as public housing defined in subparagraph 1 of Article 2 of the Special Act on Public Housing (hereinafter referred to as “public housing”);
2. The track record of and plan for managing rebuilding charges.
(3) In providing a local government with subsidies financed by rebuilding charges attributed to the Housing and Urban Fund under the Housing and Urban Fund Act (hereinafter referred to as the “Housing and Urban Fund”) under Article 4 (4) of the Act, the Minister of Land, Infrastructure and Transport shall determine the amount of subsidies based on assessment weighted by category as set forth in the subparagraphs below: Provided, That where the Minister of Land, Infrastructure and Transport deems it necessary to more efficiently distribute rebuilding charges, he or she may adjust the weight of each of the following categories by a ratio not exceeding 10/100 of the weight assigned to the relevant category and use the adjusted category weights for evaluation: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21445, Apr. 21, 2009; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25339, Apr. 29, 2014; Presidential Decree No. 26369, Jun. 30, 2015>
1. The local government’s level of establishing residential infrastructure: 20 percent;
2. The results of evaluating the actual conditions of residential welfare for the local government: 20 percent;
3. The local government’s efforts to promote residential welfare: 20 percent;
4. The local government’s track record in housing projects such as public housing: 30 percent;
5. The track record of using, and plan for managing, rebuilding charges: 10 percent.
(4) The Minister of Land, Infrastructure and Transport shall determine and publicly notify detailed criteria on weights under paragraph (3). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(5) In evaluating each local government for matters stipulated in the subparagraphs of paragraphs (3) by using weights under paragraphs (3) and (4), the Minister of Land, Infrastructure and Transport shall seek opinions from relevant specialists. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(6) The Minister of Land, Infrastructure and Transport may entrust evaluation under paragraph (5) to a specialized institution, if necessary. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(7) The head of a local government who wishes to be allocated rebuilding charges under Article 4 (4) of the Act shall submit a plan for using such rebuilding charges to the Minister of Land, Infrastructure and Transport by the end of January as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(8) The Minister of Land, Infrastructure and Transport shall notify the head of the relevant local government of the results of deliberating on the plan for using rebuilding charges submitted under paragraph (7) by the end of March. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(9) The head of the local government in receipt of rebuilding charges allocated under Article 4 (4) of the Act shall submit to the Minister of Land, Infrastructure and Transport the statement of final accounts regarding relevant funds, such as details of disbursement, by the end of January of the subsequent year. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 4 (Criteria for Allocating Rebuilding Charges to Members of Associations)
(1) “Matters prescribed by Presidential Decree” in Article 6 (3) of the Act means the following: <Amended by Presidential Decree No. 28280, Sep. 5, 2017; Presidential Decree No. 28627, Feb. 9, 2018>
1. The price of housing subject to imposition as at the time the charges start to accrue for each member of an association (referring to an entrusting person where a project operator is a trust business entity under Article 27 (1) 3 of the Act on the Improvement of Urban Areas and Residential Environments or Article 19 (1) of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement; hereinafter the same shall apply): Provided, That if the time the charges start to accrue under Article 8 of the Act is before September 24, 2006, the aforesaid price means the price of the housing subject to imposition as at the time the charges start to accrue plus the daily pro rata share of change in the housing prices from the time the charges start to accrue to September 24, 2006, where the change is calculated by subtracting the price of the housing subject to imposition as at the time the charges start to accrue from the price estimate of the housing subject to imposition as at the time the charges cease to accrue under subparagraph 2;
2. The price estimate of the housing subject to imposition as at the time the charges cease to accrue for each member of an association;
(2) With respect to a rebuilding association established under Article 35 of the Act on the Improvement of Urban Areas and Residential Environments or Article 23 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement (including trust business entities designated as project operators under Article 27 (1) 3 of the Act on the Improvement of Urban Areas and Residential Environments or Article 19 (1) of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement; hereinafter referred to as “association”), the ratio for apportioning rebuilding charges to each member of the association shall be determined based on the ratio of net gains by each member of the association to the aggregate of net gains for members of the association based upon matters specified in the subparagraphs of paragraph (1). <Amended by Presidential Decree No. 28280, Sep. 5, 2017; Presidential Decree No. 28627, Feb. 9, 2018>
 Article 5 (Time Charges Start to Accrue)
“Date prescribed by Presidential Decree” in Article 8 (1) 4 of the Act means any of the following dates:
1. If a committee for promoting the establishment of an association formed for a rebuilding project under the Act on the Improvement of Urban Areas and Residential Environments (hereinafter referred to as “promoters’ association”) is split, the date the promoters’ committee first obtained its approval before the split: Provided, That if an association falling under Article 8 (1) 1 of the Act is split, the date the association first obtained its authorization before the split;
2. The date it is determined that the head of a Si/Gun/Gu directly implements the rebuilding project under Article 18 (1) of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement; or the date the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act or a local government-invested public corporation established to implement a housing project under the Local Public Enterprises Act is first designated as the project operator (this applies only when neither a residents’ consensus body nor an association is formed.);
3. The date a trust business entity is first designated as the project operator under Article 19 (1) of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement (only when neither a residents’ consensus body nor an association is formed.);
4. The date a small rebuilding project reports forming a residents’ consensus body under Article 22 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;
5. The date a small rebuilding project obtains authorization to establish an association under Article 23 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement.
[This Article Wholly Amended by Presidential Decree No. 28627, Feb. 9, 2018]
 Article 6 (Calculating Value of Housing)
(1) Articles 16 (5) and 18 (5) of the Act on the Public Announcement of Real Estate Values and Articles 31 and 45 of the Enforcement Decree of the same Act shall apply mutatis mutantis where the Minister of Land, Infrastructure and Transport calculates the value of housing as at the time the charges start to accrue under Article 9 (1) of the Act or the value of housing as at the time the charges cease to accrue under Article 9 (2) of the Act in the absence of publicly-announced prices of housing subject to imposition. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28280, Sep. 5, 2017>
(2) Where the Minister of Land, Infrastructure and Transport calculates the price of housing as at the time the charges cease to accrue under Article 9 (2) of the Act regarding small housing units rebuilt under Article 54 (4) of the Act on the Improvement of Urban Areas and Residential Environments, the price at which the Minister of Land, Infrastructure and Transport, a Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Special Self-Governing Province Governor, the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act, or a local government-invested public corporation purchased the rebuilt small housing unit shall be deemed the value of the housing at the time the charges cease to accrue pursuant to Article 55 of the Act on the Improvement of Urban Areas and Residential Environments. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21744, Sep. 21, 2009; Presidential Decree No. 22072, Mar. 4, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28280, Sep. 5, 2017; Presidential Decree No. 28627, Feb. 9, 2018>
(3) Where the Minister of Land, Infrastructure and Transport calculates the value of housing at the time the charges start to accrue under Article 9 (1) of the Act or the value of housing at the time the charges cease to accrue under Article 9 (2) of the Act in the absence of publicly-announced prices of housing subject to imposition, he or she shall seek opinions from the relevant association as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28280, Sep. 5, 2017>
(4) The Commission on the Public Announcement of Real Estate Values under Article 9 (2) of the Act means the Central Commission on the Public Announcement of Real Estate Values under Article 24 of the Act on the Public Announcement of Real Estate Values (hereinafter referred to as “Central Commission on the Public Announcement of Real Estate Values”): Provided, That if the authority to calculate the value of housing at the time the charges cease to accrue under Article 9 of the Act has been delegated to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun or the head of an autonomous Gu (hereinafter referred to as “head of a Si/Gun/ Gu”), it refers to a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) Commission on the Public Announcement of Real Estate Values under Article 25 of the Act on the Public Announcement of Real Estate Values (hereinafter referred to as "Si/Gun/Gu Commission on the Public Announcement of Real Estate Values"). <Amended by Presidential Decree No. 27473, Aug. 31, 2016; Presidential Decree No. 28280, Sep. 5, 2017>
(5) In the event that the value of housing calculated under Article 9 (1) or (2) of the Act is found to contain miscalculation, misstatement or other clear errors prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport shall rectify the error without delay. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 7 (Selection of Institution Specialized in Investigating Real Estate Prices)
(1) “Institution specialized in investigating and calculating real estate prices ... as prescribed by Presidential Decree” provided for in Article 9 (2) of the Act means the Korea Appraisal Board under the Korea Appraisal Board Act (hereinafter referred to as the "Korea Appraisal Board"). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21641, Jul. 27, 2009; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27473, Aug. 31, 2016; Presidential Decree No. 28280, Sep. 5, 2017>
(2) The Minister of Land, Infrastructure and Transport shall entrust the Korea Appraisal Board with investigating and calculating the value of housing at the time the charges cease to accrue under Article 9 (2) of the Act and paragraph (1) of this Article. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28280, Sep. 5, 2017>
(3) and 4 Deleted. <by Presidential Decree No. 28280, Sep. 5, 2017>
(5) In entrusting the Korea Appraisal Board with investigating and calculating the value of housing at the time the charges cease to accrue under paragraph (2), the Minister of Land, Infrastructure and Transport may pay fees as determined by the Minister. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28280, Sep. 5, 2017>
(6) Where the Korea Appraisal Board is entrusted with investigating and calculating the value of housing at the time the charges cease to accrue under paragraph (2), it shall submit a report on the investigation and calculation to the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28280, Sep. 5, 2017>
(7) Where the investigation and calculation of the value of housing performed by the Korea Appraisal Board is deemed unjust, the Minister of Land, Infrastructure and Transport may entrust re-investigating and re-calculating the housing while specifying the reasons therefor. In such cases, re-investigated or re-calculated value shall be the value of the housing. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28280, Sep. 5, 2017>
 Article 8 (Calculation of Normal Appreciation in Housing Prices)
(1) The Minister of Land, Infrastructure and Transport shall calculate and publicly notify interest rate on term deposits, taking into account the average interest rate on one year term deposits offered by financial institutions under Article 10 (1) of the Act. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(2) The average rate of appreciation in housing prices for the period before statistics on housing prices of a Special Self-Governing City, Special Self-Governing Province, and Si/Gun/autonomous Gu (hereinafter referred to as "Si/Gun/Gu") are produced pursuant to the proviso of Article 10 (2) of the Act shall be determined based on the results of investigation and calculations performed by the Korea Appraisal Board at the request of the Minister of Land, Infrastructure and Transport, after deliberation by the Central Commission on the Public Announcement of Real Estate Values under the proviso of Article 10 (2) of the Act. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21641, Jul. 27, 2009; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27473, Aug. 31, 2016; Presidential Decree No. 28280, Sep. 5, 2017>
(3) Upon determining the average rate of appreciation in housing prices under paragraph (2), the Minister of Land, Infrastructure and Transport shall publicly notify the details thereof. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(4) The normal appreciation in housing prices under Article 10 (1) of the Act for a subject period shorter than one month shall be calculated using the daily pro rata of either the interest rate on term deposits or the average rate of appreciation in housing prices for the relevant Si/Gun/Gu. <Amended by Presidential Decree No. 28280, Sep. 5, 2017>
 Article 9 (Calculation of Development Costs)
(1) “Matters prescribed by Presidential Decree” in Article 11 (1) 5 of the Act means the following: <Amended by Presidential Decree No. 22072, Mar. 4, 2010; Presidential Decree No. 28280, Sep. 5, 2017; Presidential Decree No. 28627, Feb. 9, 2018>
1. Operating expenses of the association (including the promoters' committee);
2. Expenses relating to small housing units rebuilt under Article 54 of the Act on the Improvement of Urban Areas and Residential Environments.
(2) Detailed items constituting the amounts specified in the subparagraphs of Article 11 (1) of the Act shall be as specified in the attached Table.
(3) The development costs under the subparagraphs of Article 11 (1) of the Act shall be limited to the amounts the payment obligator presents with documentary evidence such as agreements, financing documents as well as documents evidencing tax payment after undergoing an accounting audit by an auditor defined in Article 2 (7) of the Act on External Audit of Stock Companies, Etc., among costs expended by the payment obligator in implementing the relevant rebuilding project (including small rebuilding projects under the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement). <Amended by Presidential Decree No. 28627, Feb. 9, 2018; Presidential Decree No. 29269, Oct. 30, 2018>
(4) Where the sum of development costs prescribed by Article 11 (1) 1, 2 and 5 of the Act among the amounts suggested by the payment obligator under paragraph (3) exceeds an appropriate range in light of, among other things, the amounts stipulated in Article 57 (6) 2 through 7 of the Housing Act, the Minister of Land, Infrastructure and Transport shall confirm the appropriateness of the relevant development costs by such means as entrusting a specialized outside institution with an accounting audit; and shall not include in the development costs any costs the appropriateness of which cannot be verified. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27471, Aug. 11, 2016>
(5) The Minister of Land, Infrastructure and Transport may establish and operate an advisory committee to seek opinions on the appropriateness of development costs before verifying the appropriateness thereof under paragraph (4): Provided, That where the authority to assess the value of housing under Article 9 of the Act is entrusted to the head of a Si/Gun/Gu, the head of a Si/Gun/Gu may establish and operate an advisory committee or seek opinions from a committee, etc. that performs functions similar thereto. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28280, Sep. 5, 2017>
 Article 10 (Recognition of Amount of Capital Gains Tax as Development Costs)
In assessing the amount of capital gains tax recognized as development costs under Article 13 of the Act, capital gains tax shall be calculated on a daily pro rata basis.
 Article 11 (Advance Notice of Rebuilding Charges)
(1) The Minister of Land, Infrastructure and Transport shall notify in writing the payment obligator of rebuilding charges and the standards for imposing them in advance of determining and imposing rebuilding charges under Article 15 (2) of the Act, not later than three months after the time the charges cease to accrue. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(2) Detailed methods of advance notice on rebuilding charges under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 12 (Examination Prior to Notification)
(1) "Matters prescribed by Presidential Decree" in Article 16 (2) of the Act means the following:
1. Name of the claimant (referring to the name of the corporation and the name of its representative, if the claimant is a corporation);
2. The address or residence of the claimant (referring to the address of the corporation and the address or residence of its representative, if the claimant is a corporation);
3. Details of housing subject to rebuilding charges;
4. Rebuilding charges and the standards for imposition thereof notified in advance under Article 15 (2) of the Act;
5. Reasons for requesting examination prior to notification.
(2) Where the payment obligator has documentary evidence substantiating matters stated in the subparagraphs of paragraph (1), he or she shall attach the documents to the written request for examination prior to notification.
(3) "Matters prescribed by Presidential Decree" in Article 16 (3) of the Act means the following:
1. Name of the claimant (referring to the name of the corporation and the name of its representative, if the claimant is a corporation);
2. The address or residence of the claimant (referring to the address of the corporation and the address or residence of its representative, if the claimant is a corporation);
3. Details of housing subject to rebuilding charges;
4. Rebuilding charges and the standards for imposition thereof;
5. Results of examination prior to notification and the reasoning thereof.
(4) The Commission on the Public Announcement of Real Estate Values under Article 16 (4) of the Act means the Central Commission on the Public Announcement of Real Estate Values: Provided, That where the authority relating to examination prior to notification is delegated to the head of a Si/Gun/Gu, it refers to the Si/Gun/Gu Commission on the Public Announcement of Real Estate Values. <Amended by Presidential Decree No. 27473, Aug. 31, 2016; Presidential Decree No. 28280, Sep. 5, 2017>
(5) Detailed procedures of examination prior to notification under Article 16 (4) of the Act shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 12-2 (Designation of Payment Agency)
(1) "Payment agency prescribed by Presidential Decree" in the proviso of Article 17 (2) of the Act means the institutions stipulated in the following subparagraphs:
1. The Korea Financial Telecommunications and Clearings Institute established with permission from the Financial Services Commission under Article 32 of the Civil Act;
2. An institution designated and publicly notified as a payment agency by the Minister of Land, Infrastructure and Transport from among institutions that perform settlement with credit cards, debit cards or the like (hereafter in this Article referred to as “credit cards or other means of payment”) by using an information and communications network, based on such considerations as facilities, work capability and the capital size.
(2) The Minister of Land, Infrastructure and Transport may cancel the designation of a payment agency when the payment agency under paragraph (1) 2 falls under any of the following subparagraphs. In such cases, the Minister shall publicly notify the fact of cancelling the designation in the Official Gazette:
1. Where the payment agency is deemed unable to normally perform the function of paying rebuilding charges due to reduced facilities and capital, etc. under paragraph (1) 2;
2. Where the payment agency has issues with work capability, for instance, being unable to normally perform the function of paying rebuilding charges by credit card or other means of payment.
(3) A payment agency may charge convenience fees in exchange for vicarious payment services using credit cards or other means of payment, in an amount not exceeding 10/1000 of the amount paid.
(4) A payment agency shall obtain approval on the convenience fees under paragraph (3) from the Minister of Land, Infrastructure and Transport. In such cases, the Minister shall comprehensively take into account such things as operating expenses before approving the convenience fees.
(5) Other than those provided for in paragraphs (1) through (4), the Minister of Land, Infrastructure and Transport may prescribe matters necessary for paying rebuilding charges using credit cards or other means of payment.
[This Article Newly Inserted by Presidential Decree No. 28280, Sep. 5, 2017]
 Article 13 (Request for Payment in Kind)
(1) A person who intends to request payment in kind under Article 17 (4) of the Act shall submit to the Minister of Land, Infrastructure and Transport a written request for payment in kind specifying, among other things, the amount of rebuilding charges, and the address, area, location, and price of the housing offered as payment in kind. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28280, Sep. 5, 2017>
(2) The Minister of Land, Infrastructure and Transport shall notify in writing the requesting person of whether to accept the payment in kind within 30 days after receiving the written request for payment in kind under paragraph (1). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(3) The value of housing offered as payment in kind shall not exceed the amount of the relevant rebuilding charges imposed, and the payment obligator shall pay the difference between the rebuilding charges imposed and the value of the housing offered as payment in kind in cash.
(4) The value of housing offered as payment in kind shall be the value of the housing at the time the charges cease to accrue assessed under Article 9 of the Act, plus the normal appreciation in housing prices accrued between the time the charges cease to accrue and the date notice is made in writing under paragraph (2).
 Article 14 (Opening Account for Advance Collection and Deposit of Rebuilding Charges)
(1) Where a payment obligator intends to open an account to collect rebuilding charges in advance under Article 19 (2) of the Act, he or she may request the Minister of Land, Infrastructure and Transport to open an account for collecting rebuilding charges in advance. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport in receipt of a request for opening an account under paragraph (1) shall open an account jointly held by the Minister and the relevant association at a financial institution which, as a person entrusted or re-entrusted with operating and managing the Housing and Urban Fund under Article 10 (2) or (3) of the Housing and Urban Fund Act, is located in the area where the rebuilding project is implemented, within seven days from the date the request is made: Provided, That where the authority to determine and impose rebuilding charges is delegated to the head of a Si/Gun/Gu, the account shall be jointly held between the association and the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26369, Jun. 30, 2015; Presidential Decree No. 28280, Sep. 5, 2017; Presidential Decree No. 28627, Feb. 9, 2018>
(3) The rebuilding charges collected in advance and deposited under Article 19 (1) and (2) of the Act shall be attributed to the Housing and Urban Fund. <Amended by Presidential Decree No. 26369, Jun. 30, 2015>
(4) "Matters prescribed by Presidential Decree" in Article 19 (3) of the Act means the following:
1. Standards for imposing rebuilding charges and the total rebuilding charges to be levied;
2. Criteria for allocating rebuilding charges to each member of an association, and the amount of rebuilding charges to be levied on each member;
3. Account number to pay the rebuilding charges.
(5) Interest under Article 19 (4) of the Act shall be calculated on a daily pro rata basis.
(6) Detailed methods for requesting opening an account under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 15 (Survey on Rebuilding Project)
The Minister of Land, Infrastructure and Transport may conduct a field survey on rebuilding projects, confirm facts with relevant administrative agencies; or take such other measures as necessary for preventing the omission of rebuilding projects subject to rebuilding charges. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28627, Feb. 9, 2018>
 Article 16 (Notice on Projects Subject to Rebuilding Charges)
Where the Minister of Land, Infrastructure and Transport receives a notice from a relevant administrative agency under Article 21 of the Act, he or she shall notify in advance the payment obligator of the matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 17 (Delegation of Authority)
(1) The Minister of Land, Infrastructure and Transport shall delegate the following authority to the head of a Si/Gun/Gu under Article 22 (1) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28280, Sep. 5, 2017; Presidential Decree No. 28627, Feb. 9, 2018>
1. Calculating the value of housing under Article 9 of the Act;
2. Accepting the submission of documents necessary for calculating rebuilding charges, and notifying the standards for imposing rebuilding charges and the amount of rebuilding charges to be levied under Article 14 of the Act;
3. Determining and imposing rebuilding charges and notifying in advance of imposing the rebuilding charges under Article 15 of the Act;
4. Receiving and examining requests for examination prior to notification and notifying the results thereof under Article 16 of the Act;
5. Receiving written requests for payment in kind and notifying whether payment in kind is accepted under Article 17 (2) and (4) of the Act and Article 13 of this Decree;
6. Delivering notice requesting payment of rebuilding charges; collecting deficiencies; collecting rebuilding charges before the due date; extending payment terms; paying in installments; demanding payment; imposing disposition on delinquency; and imposing disposition on deficits under Article 18 of the Act;
7. Receiving a request for opening an account to deposit rebuilding charges in advance; and opening such account under Article 19 of the Act and Article 14 of this Decree;
8. Accepting documents submitted under Article 20 of the Act;
9. Accepting materials notified by relevant administrative agencies and notifying the payment obligator under Article 21 (1) of the Act and Article 16 of this Decree; and notifying the Commissioner of National Tax Service of materials under Article 21 (2) of the Act;
10. Imposing and collecting administrative fines under Article 24 of the Act;
11. Verifying development costs under Article 9 (4);
12. Surveying rebuilding projects under Article 15.
(2) Among the rebuilding charges collected by the head of a Si/Gun/Gu under paragraph (1), those attributed to the State shall be paid without delay to the Housing and Urban Fund; and those attributed to local governments, to the Urban and Residential Environment Improvement Fund established under Article 126 of the Act on the Improvement of Urban Areas and Residential Environments, to the special account for urban renewal acceleration under Article 24 of the Special Act on the Promotion of Urban Renewal; or to the special account for national housing projects under Article 84 of the Housing Act. <Amended by Presidential Decree No. 26369, Jun. 30, 2015; Presidential Decree No. 27471, Aug. 11, 2016; Presidential Decree No. 28280, Sep. 5, 2017; Presidential Decree No. 28627, Feb. 9, 2018>
(3) Upon receiving payment in kind under paragraph (1), the head of a Si/Gun/Gu shall register the transfer of ownership and shall without delay take other measures necessary to turn the relevant housing into State property under the control of the Housing and Urban Fund. <Amended by Presidential Decree No. 26369, Jun. 30, 2015; Presidential Decree No. 28280, Sep. 5, 2017>
(4) With respect to rebuilding charges collected in each quarter under paragraph (1), the head of a Si/Gun/Gu shall prepare a quarterly report on the performance in imposing and collecting such charges, paying the charges into relevant funds or accounts, and receiving payment in kind to the Minister of Land, Infrastructure and Transport by the 10th day of the month following the end of the quarter covered by the report. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28280, Sep. 5, 2017>
 Article 17-2 (Re-Examination of Regulation)
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the criteria for allocating rebuilding charges to each member of an association under Article 4 every three years counting from January 1, 2014 (referring to every third anniversary ending before January 1) and shall take measures, such as making improvements.
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
 Article 18 (Imposition and Collection of Administrative Fines)
(1) and (2) Deleted. <by Presidential Decree No. 22072, Mar. 4, 2010>
(3) The Minister of Land, Infrastructure and Transport may reduce the amount of administrative fines by a ratio not exceeding 1/2 of the maximum of the administrative fines provided for in the subparagraphs of Article 24 (1) of the Act, taking into account the causes, consequences and frequency of violations and other factors. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(4) Deleted. <by Presidential Decree No. 22072, Mar. 4, 2010>
ADDENDUM
This Decree shall enter into force on September 25, 2006.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended in accordance with Article 6 of the Addenda, amendments to Presidential Decrees, which were promulgated before this Act enters into force, and the dates on which they are to enter into force have yet to arrive, shall enter into force on the dates of the respective Decrees enter into force.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21445, Apr. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 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.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22072, Mar. 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
Notwithstanding the amended provisions of Article 9 (1) and the attached Table, the previous provisions shall apply to calculating excess rebuilding gains in cases of constructing rental housing under paragraph (3) of the partially amended Act on the Improvement of Urban Areas and Residential Environments (Act No. 9632).
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25339, Apr. 29, 2014>
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. 26369, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 26762, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 9 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. 27471, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 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. 28280, Sep. 5, 2017>
This Decree shall enter into force on September 22, 2017.
ADDENDA <Presidential Decree No. 28627, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.