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ENFORCEMENT DECREE OF THE SPECIAL ACT ON PRIVATE RENTAL HOUSING

Wholly Amended by Presidential Decree No. 26763, Dec. 28, 2015

Amended by Presidential Decree No. 27115, Apr. 29, 2016

Presidential Decree No. 27444, Aug. 11, 2016

Presidential Decree No. 27445, Aug. 11, 2016

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28181, Jul. 11, 2017

Presidential Decree No. 28323, Sep. 19, 2017

Presidential Decree No. 28723, Mar. 27, 2018

Presidential Decree No. 28874, May 8, 2018

Presidential Decree No. 29045, Jul. 16, 2018

Presidential Decree No. 29460, Dec. 31, 2018

Presidential Decree No. 29550, Feb. 12, 2019

Presidential Decree No. 29617, Mar. 12, 2019

Presidential Decree No. 30149, Oct. 22, 2019

Presidential Decree No. 30710, May 26, 2020

Presidential Decree No. 30760, jun. 9, 2020

Presidential Decree No. 30893, Aug. 4, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Special Act on Private Rental Housing and matters necessary for enforcing said Act.
 Article 2 (Scope of Quasi-Housing)
“Quasi-housing prescribed by Presidential Decree, such as an officetel” in subparagraph 1 of Article 2 of the Special Act on Private Rental Housing (hereinafter referred to as the "Act") means an officetel that meets both of the following requirements (hereinafter referred to as "quasi-housing"): <Amended on Sep. 19, 2017>
1. An officetel, the area for exclusive use of which does not exceed 85 square meters;
2. An officetel that has a modern kitchen with a water supply and sewage system, and a flush toilet and bathing facilities for exclusive use (or a flush toilet for exclusive use with bathing facilities).
 Article 2-2 (Scope of Housing, Only Part of Which Is Rented)
"Housing, only part of which prescribed by Presidential Decree is rented" in subparagraph 1 of Article 2 of the Act means a multi-unit house under subparagraph 1 (c) of attached Table 1 of the Enforcement Decree of the Building Act, in which all of the units (referring to the divided parts, each of which is divided for independent use by one household) are rented except the unit in which the rental business entity himself or herself resides.
[This Article Newly Inserted on Jul. 11, 2017]
 Article 3 (Facilities Located within Station’s Sphere of Influence)
"Facilities prescribed by Presidential Decree" in subparagraph 13 (d) of Article 2 of the Act means the following facilities:
1. Universities and colleges under subparagraph 1 of Article 2 of the Higher Education Act; industrial colleges under subparagraph 2 of the same Article; teachers’ colleges under subparagraph 3 of the same Article; and junior colleges under subparagraph 4 of the same Article;
2. Research institutes under subparagraph 10 (e) of attached Table 1 of the Enforcement Decree of the Building Act.
[This Article Wholly Amended on Jul. 16, 2018]
 Article 3-2 (Mixed-Support Facilities)
"Facilities prescribed by Presidential Decree" in subparagraph 15 of Article 2 of the Act means the following facilities:
1. Class 1 neighborhood living facilities under subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act;
2. Class 2 neighborhood living facilities under subparagraph 4 of attached Table 1 of the Enforcement Decree of the Building Act;
3. Cultural and assembly facilities under subparagraph 5 of attached Table 1 of the Enforcement Decree of the Building Act;
4. Retail markets under subparagraph 7 (b) of attached Table 1 of the Enforcement Decree of the Building Act and stores under subparagraph 7 (c);
5. Education and research facilities under subparagraph 10 of attached Table 1 of the Enforcement Decree of the Building Act;
6. Facilities for older persons and children under subparagraph 11 of attached Table 1 of the Enforcement Decree of the Building Act;
7. Training facilities under subparagraph 13 of attached Table 1 of the Enforcement Decree of the Building Act;
8. Business facilities under subparagraph 14 of attached Table 1 of the Enforcement Decree of the Building Act;
9. Accessory buildings under subparagraphs 1 through 8 (referring to accessory buildings under subparagraph 12 of Article 2 of the Enforcement Decree of the Building Act).
[This Article Newly Inserted on Jul. 16, 2018]
CHAPTER II RENTAL BUSINESS ENTITIES AND HOUSING RENTAL MANAGEMENT BUSINESS ENTITIES
 Article 4 (Registration of Rental Business Entities and Reporting Changes of Registered Matters)
(1) A person eligible to be registered as a rental business entity under Article 5 (1) of the Act, shall be as follows. In such cases, housing jointly constructed or owned by at least two persons shall be registered under joint names: <Amended on Aug. 11, 2016; Jul. 16, 2018; Oct. 22, 2019>
1. A person who owns housing to be registered as private rental housing;
2. Any of the following persons who has a verified plan to acquire housing to be registered as private rental housing:
(a) A person who has obtained approval of a project plan under Article 15 of the Housing Act (hereinafter referred to as "approval of a project plan") to construct housing to be registered as private rental housing;
(b) A person who has obtained building permission under Article 11 of the Building Act (hereinafter referred to as "building permission") to construct housing to be registered as private rental housing;
(c) A person who has executed a sales agreement to purchase housing to be registered as private rental housing;
(d) Any of the following persons, who has executed a parcelling-out contract to purchase housing to be registered as private rental housing:
(i) A person who shall make the balance payment within three months under the parcelling-out contract, based on the application date of registration;
(ii) A person whose application date for registration is later than the balance payment date under the parcelling-out contract;
3. Any of the following persons, other than those specified in subparagraph 2, who seek to acquire housing to be registered as private rental housing:
(a) A housing construction business entity registered under Article 4 of the Housing Act;
(b) A real estate investment company defined in subparagraph 1 of Article 2 of the Real Estate Investment Company Act (hereinafter referred to as "real estate investment company");
(c) An investment company falling under Article 51-2 (1) 9 of the Corporate Tax Act (hereinafter referred to as "investment company");
(d) A collective investment scheme defined in Article 9 (18) of the Financial Investment Services and Capital Markets Act (hereinafter referred to as "collective investment scheme");
(e) An employer (limited to a corporation) that seeks to construct private rental housing to rent to its employees;
4. Deleted. <Jul. 16, 2018>
(2) Notwithstanding paragraph (1), a person (including a person who was the representative or an executive officer of a corporation when it became insolvent; and a corporation where the representative or executive officer of a corporation when it is insolvent or a rental business entity which was a private individual when it is insolvent holds office as the representative or executive officer) who gave rise to insolvency (excluding where he or she has repaid the debts incurred when it is insolvent and has stabilized the business after insolvency) in private rental housing business or public rental housing business (referring to public rental housing defined in subparagraph 1 (a) of Article 2 of the Special Act on Public Housing) within the last five years, shall not be registered as a rental business entity.
(3) A person who intends to be registered as a rental business entity under Article 5 (1) of the Act shall submit an application for registration to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si, Gun or an autonomous Gu (hereinafter referred to as the "head of a Si/Gun/Gu") having jurisdiction over the address of the said rental business entity or the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing, whoever is competent, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 27, 2018>
(4) Upon receipt of an application under paragraph (3), the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing shall immediately forward the application to the head of a Si/Gun/Gu having jurisdiction over the address of the rental business entity. <Newly Inserted on Mar. 27, 2018>
(5) Upon receipt of an application filed under paragraph (3) or paragraph (4), the head of a Si/Gun/Gu shall check whether it meets the registration criteria; and, if it meets such criteria, shall enter the applicant's name in the register; and issue a certificate of registration to the applicant. <Amended on Mar. 27, 2018>
(6) Deleted. <Jul. 16, 2018>
(7) Where any matter registered under paragraph (3) is changed, the rental business entity shall report it to the head of the competent Si/Gun/Gu having jurisdiction over his or her address (where the address of the rental business entity is changed, referring to the head of the Si/Gun/Gu having jurisdiction over the new address) or the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing within 30 days from the date of the event causing such change; and where he or she ceases to have any private rental housing within one month after registration as a rental business entity or after the expiration of the mandatory rental period referred to in Article 43 (1) of the Act (hereinafter referred to as "mandatory rental period"), he or she shall file for the cancellation of registration with the head of a Si/Gun/Gu having jurisdiction over the address of the rental business entity or the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing within 30 days. In such cases, where the head of a Si/Gun/Gu having jurisdiction over the location of the private rental housing receives such request for cancellation, he or she shall immediately forward it to the head of Si/Gun/Gu having jurisdiction over the address of the relevant rental business entity. <Amended on Mar. 27, 2018; Jul. 16, 2018>
(8) Notwithstanding paragraph (7), the head of a Si/Gun/Gu having jurisdiction over the address of the rental business entity is authorized to change the address of the relevant private rental housing ex officio where the road name address is provided or changed under Article 23 or 24 of the Enforcement Decree of the Road Name Address Act. In such cases, the head of a relevant Si/Gun/Gu shall inform the rental business entity that has filed for the registration of the relevant private rental housing, of such fact. <Newly Inserted on Dec. 31, 2018>
 Article 4-2 (Private Rental Cooperatives Required to Report Recruitment of Members)
"Number ... prescribed by Presidential Decree" in Article 5-2 (1) of the Act means the number of housing units or households:
1. Detached housing specified in subparagraph 1 (a) through (c) of attached Table 1 of the Enforcement Decree of the Building Act: 30 units;
2. Quasi-housing or multi-family housing specified in subparagraph 2 (a) through (c) of attached Table 1 of the Enforcement Decree of the Building Act: 30 households.
[This Article Newly Inserted on May 26, 2020]
 Article 4-3 (Obligation to Provide Explanation When Recruiting Members of Housing Cooperatives)
(1) "Matters prescribed by Presidential Decree" in Article 5-3 (1) 7 of the Act means the following:
1. Outline of projects of a private rental cooperative under Article 5-2 (1) of the Act (hereinafter referred to as "private rental cooperative");
2. A plan for securing the right to use or ownership of the construction site for the relevant private rental housing;
3. The number of households to be constructed, and the scheduled period for constructing the housing;
4. Matters concerning cost sharing by cooperative members, such as the timing and method for paying the down payment and contributions;
5. Entities and plans for fund management of the cooperative;
(2) A recruiting entity under the provision, with the exception of the subparagraphs, of Article 5-3 (1) of the Act (hereinafter referred to as "recruiting entity") shall obtain confirmation bearing the signature or name and seal of those who have applied for membership of a private rental cooperative (hereinafter referred to as "applicant for cooperative membership") , which states that they understood the details as explained pursuant to the same paragraph.
[This Article Newly Inserted on May 26, 2020]
 Article 4-4 (Deposit of Up-Front Fees)
(1) “Institution prescribed by Presidential Decree” in Article 5-4 (1) of the Act means any of the following institutions:
2. A postal agency under the Postal Savings and Insurance Act;
3. An insurance company under subparagraph 6 of Article 2 of the Insurance Business Act;
(2) A recruiting entity shall conclude a contract with an institution referred to in any of the subparagraphs of paragraph (1) on the deposit of up-front fees, etc. under Article 5-4 (1) of the Act (hereinafter referred to as "up-front fees, etc.").
(3) An applicant for cooperative membership shall submit an application for deposit of up-front fees, etc. prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the institution under paragraph (2) (hereinafter referred to as "depository institution") after concluding a contract for membership of the private rental cooperative.
(4) In receipt of an application for deposit pursuant to paragraph (3), the depository institution shall deposit the up-front fees in its name, and manage such deposited up-front fees separately from other financial assets.
(5) Upon depositing up-front fees, etc. under paragraph (4), the head of the depository institution shall issue a certificate prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the recruiting entity and the applicant for cooperative membership, respectively.
[This Article Newly Inserted on May 26, 2020]
 Article 4-5 (Payment and Return of Up-Front Fees)
(1) Upon receiving a request for the return of up-front fees, etc. under Article 5-4 (4) of the Act, the recruiting entity shall submit a written request prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the head of the depository institution.
(2) A recruiting entity may request the head of the depository institution to pay up-front fees, etc. when 30 days have passed since the date when the contract was entered into for membership of a private rental cooperative. In such cases, the recruiting entity shall submit a written request prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the head of the depository institution.
(3) Upon receipt of a written request under paragraph (2), the head of the depository institution shall pay up-front fees, etc. to the recruiting entity within 10 days from the date of such request.
[This Article Newly Inserted on May 26, 2020]
 Article 5 (Cancellation of Registration of Rental Business Entities)
(1) "Period prescribed by Presidential Decree" in Article 6 (1) 2 of the Act means the following periods: <Amended on Jul. 16, 2018; Oct. 22, 2019>
1. A person falling under Article 4 (1) 2 (a): Six years from the date of registration as a rental business entity;
2. A person falling under Article 4 (1) 2 (b): Four years from the date of registration as a rental business entity;
3. A person falling under Article 4 (1) 2 (c): Three months from the date of registration as a rental business entity;
4. A person falling under Article 4 (1) 2 (d): One year from the date of registration as a rental business entity;
5. A person falling under any item of Article 4 (1) 3: Six years from the date of registration as a rental business entity;
6. Deleted. <Jul. 16, 2018>
(2) Deleted. <Jul. 16, 2018>
 Article 6 (Registration of Housing Rental Management Business and Reporting of Changes of Registered Matters)
(1) "Scale prescribed by Presidential Decree" in the proviso to Article 7 (1) of the Act means the following scale:
1. In cases of in-house management type housing rental management business:
(a) Detached houses: 100 units;
(b) Multi-family housing: 100 households;
2. In cases of entrusted-management type housing rental management business:
(a) Detached houses: 300 units;
(b) Multi-family housing: 300 households.
(2) A person who intends to register a housing rental management business under Article 7 (1) of the Act shall submit an application to the head of the competent Si/Gun/Gu, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) Upon receipt of an application under paragraph (2), the head of a Si/Gun/Gu shall check whether it meets the registration criteria in Article 7; and, if it meets such criteria, shall enter the applicant's name on the register and issue a certificate of registration to the applicant.
(4) Where any matter registered under paragraph (3) is changed, a housing rental management business entity shall report thereon to the head of the competent Si/Gun/Gu (where the address of the rental management business entity is changed, referring to the head of the Si/Gun/Gu having jurisdiction over the new address) within 15 days from the date of the event causing such change; and where he or she intends to close his or her housing rental management business, he or she shall report the cancellation of registration no later than 30 days before the business closing date.
 Article 7 (Criteria for Registration of Housing Rental Management Business)
The criteria for registration of a housing rental management business under Article 8 of the Act shall be as specified in attached Table 1.
 Article 8 (Temporary Failure to Meet Criteria for Registration of Housing Rental Management Business)
"Cases prescribed by Presidential Decree, such as temporary failure to meet any of the criteria for registration" in the proviso to Article 10 (1) 5 of the Act means any of the following: <Amended on Apr. 29, 2016>
1. Where a housing rental management business entity fails to meet the paid-in capital requirement prescribed in subparagraph 1 of Article 8 of the Act, but falls under any of the following cases:
(a) Where the court has decided to commence rehabilitation procedures for the relevant housing rental management business entity under Article 49 of the Debtor Rehabilitation and Bankruptcy Act and the procedure is underway;
(b) Where it is acknowledged that no impediment will be caused to the implementation of a rehabilitation plan, being executed by the relevant housing rental management business entity who has been subject to a court decision to discontinue the rehabilitation procedures under Article 283 of the Debtor Rehabilitation and Bankruptcy Act;
(c) Where financial creditors commence proceedings for joint administration of the relevant housing rental management business entity by the council of financial creditors following a resolution by the council of financial creditors under Article 8 of the Corporate Restructuring Promotion Act;
2. Where a corporation subject to the proviso to Article 542-8 (1) of the Commercial Act fails to meet the paid-in capital requirement in subparagraph 1 of Article 8 of the Act due to a decrease in total assets as at the end of the immediately preceding business year, but begins to meet such requirement within 50 days;
3. Where a housing rental management business entity fails to meet the professional manpower requirement prescribed in subparagraph 2 of Article 8 of the Act due to his or her death, disappearance or retirement, but begins to meet such requirement within 50 days.
 Article 9 (Criteria for Cancelling Registration of Housing Rental Management Business)
(1) Where the head of a Si/Gun/Gu intends to cancel the registration of a housing rental management business or suspend the business thereof under Article 10 (1) of the Act, he or she shall notify such fact to the lessors and lessees of the housing units managed by the relevant housing rental management business entity by no later than one month before the scheduled date of such disposition.
(2) The criteria for de-registration of a housing rental management business or suspension of the business thereof under Article 10 (1) of the Act shall be as specified in attached Table 2.
(3) A penalty surcharge to be imposed under Article 10 (2) of the Act shall be 30,000 won per day during the period of business suspension; and one month shall be deemed to have 30 days in calculating the period of business suspension. In such cases, no penalty surcharge may exceed 10 million won.
 Article 10 (Scope of Affairs of Housing Rental Management Business Entities)
"Affairs prescribed by Presidential Decree" in Article 11 (2) 2 of the Act means the following:
1. Managing residential space where the lessees reside;
2. Affairs necessary to ensure the safety of the lessees;
3. Providing support necessary for the lessees' occupancy.
 Article 11 (Reporting Current Status of Housing Rental Management Business Entities)
(1) "Information prescribed by Presidential Decree, such as paid-in capital, professional manpower, number of units he or she manages, etc." in the main clause of Article 12 (1) of the Act means the following:
1. Paid-in capital;
2. Professional manpower;
3. Location of the office;
4. Number of units and households of the housing managed upon entrustment and the location thereof;
5. Matters concerning the purchase of a guarantee insurance (limited to persons registered an in-house management type housing rental management business (hereinafter referred to as "in-house management type housing rental management business entity"));
6. Information on the terms and conditions of the entrustment contract, such as the period of contract and management commissions.
(2) The head of a Si/Gun/Gu in receipt of the information in the subparagraphs of paragraph (1), from a housing rental management business entity pursuant to Article 12 (1) of the Act, shall report it to the Minister of Land, Infrastructure and Transport within 30 days of receipt of such information.
(3) The Minister of Land, Infrastructure and Transport may disclose the information in the subparagraphs of Article 12 (3) of the Act based on one of the following methods, pursuant to the same Article:
1. Uploading to a rental housing information system under Article 60 (1) of the Act;
2. Uploading to an electronic information processing system under Article 32 (1) of the Building Act.
 Article 12 (Entrustment Contract)
"Matters prescribed by Presidential Decree, such as the contract period and obligations of the housing rental management business entity" in Article 13 (2) of the Act, means the following:
1. Management commissions [only applicable to a person who has an entrusted-management type housing rental management business registered (hereinafter referred to as "entrusted-management type housing rental management business entity")];
2. Rents (only applicable to an in-house management type housing rental management business entity);
3. Rents and deposit for sublease (only applicable to an in-house management type housing rental management business entity);
4. Contract period;
5. Matters concerning the rights and duties of a housing rental management business entity and a lessee;
6. Other details of services provided for the convenience of a lessor and a lessee in addition to the duties of a housing rental management business entity in Article 11 (1) of the Act.
 Article 13 (Purchasing Guarantee Instruments by Housing Rental Management Business Entities)
(1) Pursuant to Article 14 (1) of the Act, an in-house management type housing rental management business entity shall purchase a guarantee instrument that provides the following guarantees:
1. A guarantee for protecting lessor's rights: A guarantee that assumes responsibility to pay agreed rents for at least three months, if the housing rental management business entity fails to pay such rents;
2. A guarantee for protecting lessee's rights: A guarantee that assumes responsibility to return a rental security deposit, if the housing rental management business entity breaches his or her obligation to return the rental security deposit.
(2) When concluding a housing rental management contract with a lessor or a housing rental agreement with a lessee, the in-house management type housing rental management business entity shall deliver a written guarantee evidencing the purchase of a guarantee instrument in the subparagraphs of paragraph (1) to the lessor or lessee.
(3) A written guarantee under paragraph (2) shall be issued by any of the following institutions:
1. The Korea Housing and Urban Guarantee Corporation established under Article 16 of the Housing and Urban Fund Act;
2. A financial institution designated and publicly notified by the Minister of Land, Infrastructure and Transport, among the following financial institutions:
(a) A bank established under the Banking Act;
(b) The Industrial Bank of Korea established under the Industrial Bank of Korea Act;
(c) A mutual savings bank established under the Mutual Savings Banks Act;
(d) An insurance company established under the Insurance Business Act;
(e) Other institutions engaging in financial business under other statutes, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) An in-house management type housing rental management business entity who changes any details of, or terminates, a guarantee instrument specified in the subparagraphs of paragraph (1), shall notify such fact to the lessors and lessees and post it at a place easily visible to the lessors and lessees, such as the office of the in-house management type housing rental management business entity.
CHAPTER III CONSTRUCTION OF PRIVATE RENTAL HOUSING
 Article 14 (Methods of Preferential Supply of Land)
(1) A supply (referring to sale or lease; hereinafter the same shall apply) of land and previous real estate under Article 18 (2) of the Act shall be made with the price thereof determined and the person to receive such estate selected subsequently.
(2) In selecting a person to receive land and previous real estate under paragraph (1), only those persons whose performance record of housing projects, construction capability, etc. meet or exceed the eligibility requirements shall be qualified for the competition: Provided, That where necessary for the prompt supply of land, etc., drawing of lots may be used as prescribed by the Minister of Land, Infrastructure and Transport.
(3) In any of the following cases, land and previous real estate may be supplied under free contract, notwithstanding paragraph (2):
1. Where they are supplied to a real estate investment company, more than 50 percent of the total equity of which is held solely or jointly by any of the following persons:
(a) The State;
(b) A local government;
(c) The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act (hereinafter referred to as the "Korea Land and Housing Corporation");
(d) A local government-invested public corporation incorporated under Article 49 of the Local Public Enterprises Act (hereinafter referred to as "local public corporation");
(e) A real estate investment company or collective investment scheme invested in and incorporated by a person falling under any of items (a) through (d);
2. Where the head of a local government supplies land owned by the relevant local government or a local public corporation to a person selected by public invitation in order to promote the supply of private rental housing in the area under his or her jurisdiction;
3. Where the supply under paragraph (2) has not been realized on at least two occasions;
4. Other cases where the supply may be made under free contract under any relevant statute or regulation, such as the Public Officials Pension Act and the Korea Veterans Health Service Act.
(4) "Ratio prescribed by Presidential Decree" in the main clause of Article 18 (3) of the Act means three percent. <Amended on Jul. 11, 2017>
(5) "Size prescribed by Presidential Decree" in the proviso to Article 18 (3) of the Act means 150,000 square meters. <Newly Inserted on Jul. 11, 2017>
(6) "Period prescribed by Presidential Decree" in Article 18 (4) of the Act means two years. <Amended on Jul. 11, 2017>
(7) Except as provided in paragraphs (1) through (6), details necessary for the supply of land and previous real estate under Article 18 (1) through (3) of the Act (hereinafter referred to as “land, etc.”), shall be prescribed by the Minister of Land, Infrastructure and Transport. <Amended on Jul. 11, 2017>
 Article 15 (Criteria and Procedures for Repurchasing Land)
(1) A person who supplies land, etc. under Article 18 (1) through (3) of the Act shall supply such land, etc. attaching a special condition that the land, etc. may be repurchased or the relevant rental agreement may be revoked or terminated, if the purchaser fails to commence the construction of private rental housing within two years from the date such land, etc. are supplied under Article 18 (4) of the Act. In such cases, the special agreement for repurchase shall be registered.
(2) When the construction of private rental housing is commenced on the relevant land, etc., a person supplied with such land, etc. under Article 18 (1) through (3) of the Act shall notify such fact to the person who supplied the land, etc. by appending documents evidencing such fact.
(3) Where a person supplied with land, etc. fails to give notice under paragraph (2), within one year and six months from the date of supply of the land, etc., the person who supplied the relevant land, etc. under Article 18 (1) through (3) of the Act, shall demand such person to commence the relevant construction without delay.
 Article 16 (Application for Designation as Public Business Entities)
(1) "Number of units prescribed by Presidential Decree" in the former part of Article 20 (1) of the Act, means 100 units in cases of detached houses, and 100 units in cases of multi-family housing.
(2) A rental business entity who intends to apply for designation under subparagraph 5 of Article 4 of Act on Acquisition of and Compensation for Land for Public Works Projects in accordance with Article 20 (1) of the Act, shall submit a project plan to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor, whoever is competent (hereinafter referred to as the "Mayor/Do Governor"), along with the following documents:
1. A map on which the land for the project is indicated;
2. A document evidencing that the entity has purchased at least 80 percent of the land for the project (including where he or she has obtained consent for such purchase from the landowners; hereafter the same shall apply in subparagraph 3);
3. A map indicating the land that could not be purchased, of the land for the project;
4. A document indicating the detailed items of the land that could not be purchased, of the land for the project.
 Article 17 (Special Cases concerning the National Land Planning and Utilization Act)
(1) "Ratio prescribed by Presidential Decree" in the proviso of Article 21 of the Act means 50 percent.
(2) In cases of a tenement house defined in subparagraph 2 (b) of attached Table 1 of the Enforcement Decree of the Building Act or a multi-household house defined in subparagraph 2 (c) of the same Table, construction of a house consisting of up to five floors is allowed, subject to the deliberation of a building committee established under Article 4 of the Building Act pursuant to subparagraph 3 of Article 21 of the Act.
 Article 17-2 (Procedures for Supplying Housing Resulting from Relaxation of Floor Area Ratios)
(1) "Number of units prescribed by Presidential Decree" in the main clause of Article 21-2 (1) of the Act means 30 units or 30 households.
(2) Where a rental business entity constructs and supplies rental housing under Article 21-2 (1) 1 of the Act, he or she shall select rental housing to be supplied to the Mayor/Do Governor by public lottery: Provided, That where the Mayor/Do Governor requests supply of rental housing separated by building or section to ensure efficient operation of rental housing, the rental business entity shall comply with such request except in extenuating circumstances.
(3) After undergoing a pre-use inspection (referring to the pre-use inspection under Article 49 of the Housing Act; hereinafter the same shall apply) of housing supplied to the Mayor/Do Governor under Article 21-2 (1) 1 of the Act or after obtaining approval for use (referring to approval for use under Article 22 of the Building Act; hereinafter the same shall apply), a rental business entity shall entrust or apply for registration of relevant housing without delay: Provided, That where the rental business entity refuses or delays to do so, the Mayor/Do Governor may entrust or apply for registration.
[This Article Newly Inserted on Jul. 16, 2018]
 Article 17-3 (Procedures for Calculating Land Prices and Methods for Payment)
(1) Costs for appraising the land price under the latter part of Article 21-2 (1) 2 of the Act shall be borne by a relevant rental business entity and the Mayor/Do Governor in 50:50 ratio.
(2) The Mayor/Do Governor shall impose the land price that shall be paid out in cash under the former part of Article 21-2 (1) 2 of the Act and the costs to be borne under paragraph (1) on the rental business entity within 60 days from the date he or she is notified of the amount appraised by an appraisal business entity pursuant to the latter part of Article 21-2 (1) 2 of the Act.
(3) A rental business entity shall pay out the amount imposed under paragraph (2) before filing an application for pre-use inspection or for approval for use of relevant housing.
[This Article Newly Inserted on Jul. 16, 2018]
 Article 17-4 (Operating Mixed-Support Facilities)
(1) Where a rental business entity calculates an area of a mixed-support facility to be built under Article 21-2 (1) 3 of the Act, the area of the facility that shall be mandatorily built under the Housing Act or any other statute or regulation shall not count towards an area of the relevant mixed-support facility.
(2) A rental business entity obliged to install a mixed-support facility under Article 21-2 (1) 3 of the Act shall submit a plan for building and operating a mixed-support facility including the following, to the person authorized to approve project plans under Article 15 of the Housing Act or permitting authority under Article 11 of the Building Act (hereinafter referred to as "approval authority, etc.") before obtaining approval of a project plan or building permission:
1. Building plan, such as the location and scale of a mixed-support facility;
2. Rental and operation plan, such as qualifications for taking occupancy, rents, criteria and procedures for supply;
3. Other matters necessary for renting and operating a mixed-support facility.
(3) Approval authority, etc. shall monitor whether a rental business entity builds and operates a mixed-support facility in accordance with the plan submitted under paragraph (2).
(4) Approval authority, etc. may prescribe by municipal ordinance, matters necessary for efficiently building and operating a multi-support facility.
[This Article Newly Inserted on Jul. 16, 2018]
CHAPTER IV DISTRICT FOR PROMOTING PUBLICLY-FUNDED PRIVATE RENTAL HOUSING
 Article 18 (Criteria and Procedures for Designating Promotion Districts)
(1) "Area prescribed by Presidential Decree" in the main clause of Article 22 (1) 2 of the Act means the following sizes: <Amended on Sep. 19, 2017; Jul. 16, 2018>
1. In cases of an urban area under subparagraph 1 of Article 6 of the National Land Planning and Utilization Act (hereinafter referred to as "urban area"): 5,000 square meters;
2. In cases of the following areas adjacent to an urban area: 20,000 square meters:
(a) An area bordering an urban area;
(b) An area, the border line of which is separated from an urban area by a road, river, etc., but the connection with, or utilization of, surrounding infrastructure of an urban area, such as roads, tap-water, sewerage system, and schools, is ensured;
3. In cases of a site that covers both an urban area and an area falling under any item of subparagraph 2: 20,000 square meters;
4. In cases of other areas: 100,000 square meters.
(2) Deleted. <Jul. 16, 2018>
(3) Upon designating a district for promoting publicly-funded private rental housing under Article 22 (1) of the Act (hereinafter referred to as "promotion district"), the Mayor/Do Governor shall report such fact to the Minister of Land, Infrastructure and Transport. <Amended on Jul. 11, 2017; Jul. 16, 2018>
(4) In either of the following cases, the Minister of Land, Infrastructure and Transport may designate a promotion district under Article 22 (3) of the Act: <Amended on Jul. 11, 2017; Jul. 16, 2018>
1. Where he or she intends to designate a promotion district extending over two or more Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, and Dos (including where the relevant Mayors/Do Governors who have failed to reach agreement request the Minister of Land, Infrastructure and Transport to designate a promotion district);
2. Other cases where it is necessary to construct and supply publicly-funded private rental housing to ensure residential stability.
(5) Except as provided in paragraphs (1), (3), and (4), detailed matters necessary for the designation of a promotion zone shall be prescribed by the Minister of Land, Infrastructure and Transport. <Amended on Jul. 11, 2017; Jul. 16, 2018>
 Article 18-2 (Building and Operating Mixed-Support Facilities within Promotion Districts)
The implementer (hereinafter referred to as "project implementer") of a project for developing publicly-funded private rental housing, upon receipt of a request to build and operate mixed-support facilities within a promotional district under the former part of Article 23 (6) of the Act, shall formulate a plan for building and operating a mixed-support facility including the following; and shall submit such plan to a person authorized to designate a promotion district (hereinafter referred to as "designation authority") under Article 22 of the Act. In such cases, the project implementer shall hear the opinions of a designation authority before formulating a plan for building and operating a mixed-support facility:
1. Business environment analysis;
2. Matters prescribed in the subparagraphs of Article 17-4 (2).
[This Article Newly Inserted on Jul. 16, 2018]
 Article 19 (Insignificant Modification of Promotion Districts)
"Minor matters prescribed by Presidential Decree such as increasing or decreasing the size of a promotion district by not more than 10 percent" in the proviso to Article 24 (3) of the Act means either of the following:
1. Where the size of a promotion district is increased or decreased by up to 10 percent;
2. Where mistaken or missed area is corrected as a result of survey.
 Article 20 (Hearing Opinion of Residents)
(1) If a designation authority intends to hear the opinions of residents, relevant experts, etc. on designating a promotion district under Article 25 of the Act, he or she shall send copies of the relevant documents to the head of the Si/Gun/Gu having jurisdiction over the relevant area. <Amended on Jul. 16, 2018>
(2) The head of a Si/Gun/Gu in receipt of documents under paragraph (1), shall publicly announce the following information through the public gazette, website, etc. of the relevant local government without delay; and shall make such documents available to the general public for inspection for at least 14 days from the date of public announcement:
1. Name, location, and size of the promotion district;
2. Period and methods of inspecting the relevant documents.
(3) A person who has an opinion on designating a housing district may submit it in writing to the head of the competent Si/Gun/Gu during the inspection period prescribed in paragraph (2).
(4) Where any opinions are submitted under paragraph (3), the head of a Si/Gun/Gu shall compile the opinions and send them to the designation authority; and even if no opinion is submitted, he or she shall notify such fact to the designation authority.
(5) Notwithstanding paragraphs (1) through (4), in any of the following cases, the designation authority may directly hear the opinions of residents, relevant experts, etc. or have the relevant Mayor/Do Governor (excluding the Special Self-Governing Province Governor) do so. In such cases, paragraphs (2) through (4) shall apply mutatis mutandis:
1. Where a promotion district extends over at least two Sis/Guns or autonomous Gus;
2. Where the head of a Si/Gun/Gu in receipt of the relevant documents under paragraph (1) fails to make a public announcement under paragraph (2).
 Article 20-2 (Modification of Important Matters)
"Modification of important matters prescribed by Presidential Decree" in the latter part of Article 25 (1) of the Act means any of the following modifications: <Amended on Jul. 16, 2018>
1. Replacing a project implementer under Article 23 (5) of the Act;
2. Increasing or decreasing the area of a promotion district publicly notified pursuant to Article 26 (1) of the Act by more than 10 percent.
[This Article Newly Inserted on Jul. 11, 2017]
 Article 21 (Public Notice of Designating Promotion District)
(1) Upon designating a promotion district, the designation authority shall publicly notify the following information in the Official Gazette or public gazette pursuant to Article 26 (1) of the Act: <Amended on Jul. 11, 2017; Jul. 16, 2018>
1. Name, location, and size of the promotion district;
2. Date of designation of the promotion district;
3. Type of the project;
4. Name and location of the project implementer designated under Article 23 (1) of the Act and the name of the representative;
5. Locations, lot numbers, land categories, and sizes of the land, goods, and rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects, which shall be expropriated or used; details of ownership and non-ownership rights therein; and the names (in cases of corporations, referring to the names thereof) and addresses of the owners and right-holders thereof;
6. Matters concerning an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act (hereinafter referred to as "urban or Gun management plan") (including matters deemed determined as an urban area and a district-unit planning district under Article 26 (9) of the Act);
7. Methods of inspecting relevant documents.
(2) Upon making any modification to a promotion district, the designation authority shall publicly notify the modified matters, of those matters prescribed in the subparagraphs of paragraph (1), and the grounds for the modification in the Official Gazette or public gazette.
 Article 22 (Activities Subject to Permission)
(1) A person who intends to engage in any of the following activities in the area where a public announcement, etc. is made for hearing the opinions of residents, etc. on designating a promotion district under Article 25 (1) of the Act or in a promotion district shall obtain permission from the head of the competent Si/Gun/Gu under Article 26 (3) of the Act:
1. Constructing etc. a building: Construction, substantial repair, or alteration of the purpose of use of a building defined in Article 2 (1) 2 of the Building Act (including temporary buildings);
2. Installing an artificial establishment: Installing an establishment manufactured by adding artificiality (excluding buildings defined in Article 2 (1) 2 of the Building Act);
3. Changing the form and quality of land: Changing the shape of land by excavating, filling, clearing, paving, etc. the ground, or drilling the ground or reclaiming public waters;
4. Gathering earth and stones: Gathering earth, sand, gravels, rocks, etc. (excluding where such an act is conducted for the purpose of changing the form and quality of land described in subparagraph 3);
5. Dividing or amalgamating land;
6. Piling goods: Piling goods which are not easy to move for at least one month;
7. Cutting or planting bamboo.
(2) Where a project implementer has been designated as at the time the head of a Si/Gun/Gu intends to permit any of the acts prescribed in paragraph (1) under Article 26 (3) of the Act, he or she shall hear the project implementer's opinion beforehand.
(3) "Activities prescribed by Presidential Decree, such as changing the form and quality of land for farming" in Article 26 (4) 2 of the Act means any of the following activities, not subject to permission for development activities under Article 56 of the National Land Planning and Utilization Act:
1. Changing the form and quality of land for farming;
2. Installing simple structures directly used for producing agricultural, forest, or marine products, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
3. Gathering earth and stones to the extent not hindering the development of the promotion district and natural landscape;
4. Piling goods on a site determined to be maintained in the promotion district;
5. Temporarily planting ornamental bamboo (excluding temporary planting on a farm land).
(4) A person who intends to report under Article 26 (5) of the Act shall submit a written report to the head of the competent Si/Gun/Gu along with the documents stating the status of progress of, and the implementation plan for, the relevant construction works or project, within 30 days from the date the promotion district is designated and publicly notified.
 Article 23 (Revoking Designation of Promotion Districts)
Where a designation authority revokes designation of a promotion district under Article 27 (1) of the Act, he or she shall publicly notify the following information in the Official Gazette or public gazette:
1. Name, location, and size of the promotion district;
2. Date of designation of the promotion district and date of the revocation thereof;
3. Grounds for revoking the designation of the promotion district;
5. Matters concerning reinstating or discontinuing the use of a special-purpose area, special-purpose district, special-purpose zone, district-unit planning zone, or an urban or Gun planning facilities under the National Land Planning and Utilization Act (including matters concerning the urban or Gun planning facilities, the project or construction of which will be continued until after the designation of the promotion district under Article 27 (3) of the Act is revoked);
6. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 24 (Approving District Plans)
(1) "Modification of any insignificant matters prescribed by Presidential Decree" in the latter part of Article 28 (1) of the Act means any of the following changes or correction: <Newly Inserted on Jul. 11, 2017>
1. Changing the location of the project implementer;
2. Changing the structure, total floor area, etc. of a building intended to be maintained in the promotion district (limited to where the change does not accompany any change in the land-use plan);
3. Correcting an erroneous area of the promotion district caused by a mistake, without changing the boundary of the promotion district;
4. Changing the area of a promotion district according to a result of conducting a cadastral confirmation survey defined in subparagraph 4-2 of Article 2 of the Act on the Establishment and Management of Spatial Data.
(2) "Matters prescribed by Presidential Decree, including district-unit plans" in Article 28 (1) 8 of the Act means the following: <Amended on Jul. 11, 2017>
1. An urban or Gun management plan (including a district-unit plan (referring to a district-unit plan defined in subparagraph 5 of Article 2 of the National Land Planning and Utilization Act; hereinafter the same shall apply));
2. A plan for supplying integrated energy;
3. A disaster prevention plan;
4. A plan for expropriating and using the land, goods and rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects (including a plan for disposal of buildings or artificial establishments to be maintained);
5. A plan for vesting public facilities;
6. A plan for supervising construction works;
7. A plan for supplying developed land.
(3) A project implementer who intends to obtain approval of a plan for promoting publicly-funded private rental housing (hereinafter referred to as "district plan") under the former part of Article 28 (1) of the Act, shall submit a written application to the designation authority, along with the following documents. In such cases, the designation authority shall verify the land registration map of the project area by sharing administrative information under Article 36 (1) of the Electronic Government Act: <Amended on Jul. 11, 2017; Jul. 16, 2018>
1. A location map of the project area;
2. A drawing on which a land-use plan is stipulated on a topographical map or land registration map the scale of which is 1 to 5,000 or larger;
3. Outline designs and specifications;
4. Related documents and drawings necessary for determining an urban or Gun management plan (including district-unit plans);
5. Documents necessary for consulting with the head of a relevant administrative agency under Article 29 (3) of the Act;
6. A plan for supplying developed land including the following information:
(a) Location and size of the developed land;
(b) Persons to receive the developed land and methods of selecting them;
(c) Time frame, methods, and terms and conditions of the supply;
(d) Methods of determining supply prices;
(e) Current status of land owned by the project implementer (land for which an application for adjudication is filed under Article 28 of the Act on Acquisition of and Compensation for Land for Public Works Projects and land to be vested in the project implementer without compensation under applicable statutes or regulations shall be deemed owned by the project implementer);
(f) Current status of land on which the project implementer plans to construct a building directly for use or supply;
(g) Other matters necessary for the supply of developed land;
7. Specific uses of developed land specified in the land-use plan, and drawings divided by persons to receive such land.
(4) A project implementer who intends to obtain approval for modification of a district plan pursuant to the latter part of Article 28 (1) of the Act shall submit an application to the designation authority along with the documents related to the modified matters, among documents stipulated in the subparagraphs of paragraph (3). In such cases, the designation authority shall verify the land registration map of the project area by sharing administrative information under Article 36 (1) of the Electronic Government Act. <Newly Inserted on Jul. 11, 2017>
(5) A project implementer who has made any modification or correction that falls under any subparagraph of paragraph (1) shall notify the details thereof to the designation authority without delay. <Newly Inserted Jul. 11, 2017>
(6) Except as provided in paragraphs (1) through (4), detailed matters necessary for preparing a district plan shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Jul. 11, 2017>
(7) Public notice of a district plan under Article 28 (4) of the Act shall be given by publication of the following information in the Official Gazette or public gazette: Provided, That such public notice may be omitted if information to be publicly notified under subparagraph 3 is the same as information publicly notified under Article 21 (1) 5, but the full executive summary shall be disclosed: <Amended on Jul. 11, 2017>
1. Matters in the subparagraphs of Article 28 (1) of the Act;
2. Matters in subparagraphs 1 through 4 of Article 7 of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (limited to where a promotion district is designated in a development restriction zone);
3. Locations, lot numbers, land categories and sizes of the land, goods, and rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects which shall be expropriated or used; details of the ownership and rights other than ownership thereof; and the names (in cases of corporations, referring to the trade names) and addresses of the owners and right-holders thereof.
 Article 25 (Special Cases concerning Related Statutes)
"Period prescribed by Presidential Decree" in Article 30 (1) of the Act means 90 days.
 Article 26 (Special Cases concerning Development Restriction Zones)
Where an area released from the designation of a development-restriction zone is reinstated to a development-restriction zone under Article 31 (2) of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify such reinstatement of the development restriction zone and the grounds for the reinstatement in the Official Gazette under paragraph (3) of the same Article.
 Article 27 (Organizational Structure and Operation of Committee for Integrated Deliberation of Publicly-Funded Private Rental Housing)
(1) "Public officials prescribed by Presidential Decree" in Article 32 (3) 1 of the Act means public officials of Grade V or higher, directly appointed by a designation authority from among the public officials working for the authority, or appointed upon the recommendation of the Minister of Land, Infrastructure and Transport or the heads of administrative agencies concerned.
(2) A project implementer who intends to undergo an integrated deliberation of the committee for integrated deliberation of publicly-funded private rental housing established under Article 32 (1) of the Act (hereinafter referred to as the "Integrated Deliberative Committee") pursuant to Article 32 (6) of the Act, shall submit documents relating to the subparagraphs of Article 32 (1) of the Act to the designation authority after receiving written opinions of the relevant institutions under Article 32 (7) of the Act. In such cases, a final opinion on the written opinions of the relevant institutions may be appended. <Amended on Jul. 16, 2018>
[Title Amended on Jul. 17, 2018]
 Article 28 (Exclusion, Challenge, or Refrainment of Members)
(1) A member of the Integrated Deliberative Committee falling under any of the following cases, shall be excluded from the deliberation and resolution process of the Integrated Deliberative Committee:
1. Where the member or a current or former spouse of the member becomes a party to the relevant agenda item (where the party is a corporation, organization, etc., including the executive officers thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) or is holding any right or duty jointly with the party to such agenda item;
2. Where the member is a relative of a party to the relevant agenda item;
3. Where the member has given any testimony, statement, advice, or conducted any research, service, or appraisal with respect to the relevant agenda item;
4. Where the member or the corporation or organization where he or she belongs is a current or former agent of a party to the relevant agenda item.
(2) If any ground exists making it difficult to expect fair deliberation and resolution process from a member, a party to the relevant agenda item may file a challenge against such member with the Integrated Deliberative Committee; and the Integrated Deliberative Committee shall make a decision on such challenge by its resolution. In such cases, the member against whom the challenge is filed shall not participate in the resolution.
(3) A member who falls under any ground for exclusion in the subparagraphs of paragraph (1) shall voluntarily refrain from the deliberation and resolution process of the relevant agenda item.
 Article 29 (Removing Members)
Where a member commissioned under Article 32 (3) 2 of the Act falls under any of the following cases, the relevant designation authority may remove such member from office:
1. Where he or she becomes incapable of performing his or her duties due to physical or mental disorder;
2. Where he or she has conducted any misdeed in connection with his or her duties;
3. Where he or she is deemed unsuitable for membership due to neglect of duties, loss of dignity, or similar ground;
4. Where he or she fails to abstain from the deliberation and resolution process despite falling under a case set forth in the subparagraphs of Article 28 (1);
5. Where he or she himself or herself declares having difficulty in performing his or her duties.
 Article 30 (Special Cases concerning Procedures for Designating Promotion Districts)
(1) "Size prescribed by Presidential Decree" in the main clause of Article 33 (1) and (3) of the Act means 100,000 square meters, each. <Amended on Jul. 16, 2018>
(2) "Area prescribed by Presidential Decree" in Article 33 (2) of the Act means any of the following: <Newly Inserted on Jul. 16, 2018>
2. A central commercial area under subparagraph 2 (a) of Article 30 of the Enforcement Decree of the National Land Planning and Utilization Act; a general commercial area under item (b) of the same subparagraph; or a neighboring commercial area under item (c) of the same subparagraph;
(3) "Land use plan and other matters prescribed by Presidential Decree" in Article 33 (4) of the Act means the following: <Amended on Jul. 16, 2018>
1. A land-use plan;
2. An outline of a project plan;
3. Documents stating the locations, lot numbers, land categories and sizes of the land, goods and rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, which shall be expropriated or used; details of the ownership, and rights other than ownership; and the names (in cases of corporations, referring to the trade names) and addresses of the owners and right-holders thereof;
4. Written consent of the landowners in Article 23 (4) of the Act;
5. An outline of a housing construction project plan;
6. Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 30-2 (Methods of Calculating Number of Consenters)
(1) The base date of calculation of requirements for obtaining consent from landowners for the expropriation or use of land, etc. under the main clause of Article 34 (1) of the Act (hereinafter referred to as "base date of calculation") shall be the date the designation of a promotion district is publicly notified pursuant to Article 21 (1).
(2) The number of landowners under paragraph (1) shall be based on the landowners registered on the land register in Article 14 (1) of the Registration of Real Estate Act; and shall be calculated according to the following standards:
1. Where one parcel of land is jointly owned by at least two persons: One representative of the joint owners who has obtained consent from other joint owners shall be counted as one landowner: Provided, That each of the sectional owners defined in subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings shall be respectively counted as one landowner;
2. Where one person owns a number of parcels of land: The landowner shall be counted as one person regardless of the number of parcels of land.
(3) A landowner may express his or her intention for consent or objection for all of the land he or she owns, and partial agreement on part of the owned land shall not be accepted.
(4) If a landowner gives consent or withdraws his or her consent, he or she shall submit a written consent or withdrawal of consent in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the project implementer, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(5) Except as provided in paragraphs (1) through (4), the procedures for giving consent and other necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.
[This Article Newly Inserted on Jul. 11, 2017]
 Article 31 (Special Cases concerning Construction of Publicly-Funded Private Rental Housing in Promotion Districts)
(1) "Facilities prescribed by Presidential Decree, such as recreational facilities and general accommodation facilities" in the main clause of Article 35 (1) 1 of the Act means the following facilities specified in attached Table 1 of the Enforcement Decree of the Building Act: <Amended on Jul. 11, 2017>
1. Public pubs and massage parlors among Class 2 neighborhood living facilities;
2. Assembly halls and auditoriums among cultural and assembly facilities;
3. Wholesale markets among sales facilities;
4. Isolation hospitals among medical facilities;
5. General lodging facilities among lodging facilities, living lodging facilities, and communal living facilities;
6. Amusement facilities;
7. Factories;
8. Warehouse facilities;
9. Storage and treatment facilities for hazardous substances;
10. Facilities relating to motor vehicles: Motor vehicle-related facilities;
11. Animal and plant-related facilities;
12. Resource recycling facilities;
13. Correctional and military facilities;
14. Power generating facilities;
15. Graveyard-related facilities;
16. Funeral facilities;
17. Campground facilities;
18. Other facilities similar to those stipulated in subparagraphs 1 through 17, deemed by the designation authority to cause hindrance to the residential environment, taking into account the results of the examination and deliberation by the committees or commission referred to in each subparagraph of Article 32 (8) of the Act.
(2) Where a tenement house defined in subparagraph 2 (b) of attached Table 1 of the Enforcement Decree of the Building Act or a multi-household house defined in subparagraph 2 (c) of the same Table, has undergone deliberation by a building committee established under Article 4 of the Building Act, construction of a house of up to five floors is allowed, subject to the deliberation of a building committee established under Article 4 of the Building Act pursuant to Article 35 (1) 4 of the Act.
(3) In accordance with Article 35 (2) of the Act, a designation authority shall apply the following relaxed standards in a promotion district, notwithstanding the subparagraphs of Article 35 (2): <Amended on Mar. 12, 2019>
1. Landscaping of a site: Notwithstanding the main clause of Article 27 (3) of the Enforcement Decree of the Building Act, total landscaped area of the rooftop shall be calculated as the landscaped area;
2. Height of a building: Where the height is determined within a specific block by a district-unit plan, the height within such specific block shall be deemed designated and publicly announced under Article 60 (1) of the Building Act;
3. Urban parks or greenbelts:
(a) Where the size of the promotion district is less than 100,000 square meters: The obligation to secure an urban park or a green belt shall be exempted;
(b) Where the size of a promotion district is at least 100,000 square meters: An urban park or a green belt shall be secured, with a size exceeding three square meters per unit and household or five percent of the size of the promotion district, whichever is larger;
4. Standards for housing construction: Articles 13, 31 and 50 of the Regulations on Standards for Housing Construction shall not apply to an area within a one-kilometer radius from a railroad station constructed and operated under the Act on Railroad Construction and Railroad Facilities Management, the Framework Act on Railroad Industry Development, or the Urban Railroad Act, which has undergone deliberation by a building committee established under Article 4 of the Building Act.
[Title Amended on Jul. 17, 2018]
 Article 32 (Supply of Developed Land)
(1) A project implementer shall supply developed land according to the following classification: <Amended on Jul. 16, 2018>
1. Sites for housing construction, classified as follows:
(a) A site for constructing publicly-funded private rental housing;
(b) A site for constructing public housing (referring to public housing defined in subparagraph 1 of Article 2 of the Special Act on Public Housing);
(c) A site for constructing housing for sale in lots;
2. Sites for infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act;
3. Sites for sales and business facilities;
4. Other sites for facilities.
(2) In supplying sites for housing construction, the project implementer shall pre-determine the prices and supply them by drawing of lots: Provided, That in cases of a site for construction of private rental housing, the project implementer may restrict the eligibility requirements of the persons to receive the sites or attach conditions for the supply.
(3) In supplying sites for specific facilities prescribed by the Minister of Land, Infrastructure and Transport, such as sites for social welfare facilities or medical facilities, the project implementer may restrict the eligibility requirements of the persons to receive the sites.
(4) In supplying sites to be used for profit-making purposes, such as sites for sales facilities or business facilities, the project implementer shall supply them through competitive bidding.
(5) Notwithstanding paragraphs (2) through (4), a project implementer may provide a site under free contract in any of the following cases: <Amended on Sep. 19, 2017>
1. Where the project implementer supplies a site for constructing public rental housing to a public housing business entity (referring to a public housing business entity under Article 4 of the Special Act on Public Housing; hereinafter the same shall apply);
2. Where the project implementer supplies a site for public facilities, etc. that cannot be sold to the general public, such as roads, parks, and buildings for public use, to the State, a local government, or any other person eligible to install the relevant facilities under any statute or regulation;
3. Where the project implementer supplies the relevant land to a person who has transferred the entire land owned (limited to any of the following cases) in the promotion district to the project implementer in response to consultation held under the Act on Acquisition of and Compensation for Land for Public Works Projects, in accordance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:
(a) Where the land has been owned since before the date of public announcement in Article 20 (2);
(b) Where the entire land has been acquired from the owner of the land falling under item (a) on or after the date of public announcement in Article 20 (2);
(c) Where the land has been acquired by a decision of a court or by inheritance on or after the date of public announcement in Article 20 (2);
4. Where the project implementer deems it inevitable to supply the relevant land to an owner, etc. of adjacent land, as the utility value of the land is remarkably low in light of its size, shape, geographical conditions, etc.;
5. Where the supply under paragraphs (2) through (4) has not been realized on at least two occasions;
6. Other cases where land may be supplied under free contract under any relevant statute or regulation, such as the Public Officials Pension Act and the Korea Veterans Health Service Act.
(6) Except as provided in paragraphs (1) through (5), necessary matters relating to the methods of supply, standards for the supply prices, etc. of developed land shall be prescribed by the Minister of Land, Infrastructure and Transport.
(7) A project implementer who intends to supply developed land shall publicly announce the following matters: Provided, That this shall not apply where individual notice has already been given where persons to receive such land are specified or the qualifying eligible persons are restricted:
1. Name and address of the project implementer and the name of its representative;
2. Location, size, and specific use of the land (where the land use is restricted, including details of such restriction);
3. Time frame, methods, and terms and conditions of the supply;
4. Supply prices and methods of determining the prices;
5. Eligibility requirements of persons to receive the developed land and methods of selecting them;
6. Time and place for application for supply;
7. Documents required when filing an application for supply.
 Article 33 (Supervision)
Upon issuing a disposition or an order under Article 40 (1) of the Act, the designation authority shall publicly notify the following information in the Official Gazette or public gazette under Article 40 (3) of the Act:
1. Name of the promotion district or project;
2. Name and address of the project implementer and the name of the representative;
3. Location and size of the land for the project;
4. Details and grounds for the disposition or order.
CHAPTER V SUPPLY, RENTAL AGREEMENT, AND MANAGEMENT OF PRIVATE RENTAL HOUSING
 Article 33-2 (Reporting Supply of Private Rental Housing)
A rental business entity who intends to supply private rental housing in accordance with Article 42 (4) of the Act shall submit a written report in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the head of the competent Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, at least 10 days before the date he or she intends to recruit lessees. <Amended on Jul. 16, 2018>
[This Article Newly Inserted on Jul. 11, 2017]
 Article 33-3 (Financial Information on Lessees)
(1) Details of information or data in Article 42-4 (2) of the Act shall be as follows: <Amended on Oct. 22, 2019>
1. Financial information under Article 42-4 (2) 1 of the Act: The following information or data:
(a) Demand deposits, such as ordinary deposits, savings deposits, and free-access savings deposits: Average balance within the recent three months;
(b) Savings deposits, such as time deposits, time installment deposits, and time savings: Balance or total payment amount;
(c) Stocks, beneficiary certificates, investment money, and invested shares: Final market value. In such cases, Article 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to the valuation of unlisted stocks;
(d) Receivables, notes, checks, debt certificates, and certificates of preemptive right to new stocks: Face value;
(e) Pension savings: Amount regularly paid or final balance;
2. Credit information under Article 42-4 (2) 2 of the Act: The following information or data:
(a) Status of loans and details of arrears;
(b) Unsettled credit card bills;
3. Insurance information under Article 42-4 (2) 3 of the Act: The following information or data:
(a) Insurance policy: Refund amount to be paid upon a cancellation or insurance amount paid within the last one year;
(b) Pension insurance: Refund amount to be paid upon a cancellation or an amount regularly paid.
(2) Pursuant to Article 42-4 (3) of the Act, a lessee (including a person who applies for taking occupancy and a lessee under agreement; hereafter the same shall apply in Article 33-4), his or her spouse, and a member of the same household as the lessee or his or her spouse may submit written consent to providing financial information, etc. prescribed by the Minister of Land, Infrastructure and Transport in person or via mail, fax, or information and communications network. <Amended on Oct. 22, 2019>
[This Article Newly Inserted on Jul. 16, 2018]
[Title Amended on Oct. 22, 2019]
 Article 33-4 (Requesting and Providing Financial Information)
(1) Where the Minister of Land, Infrastructure and Transport requests the head of a financial institution, etc. (referring to any financial companies, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and a centralized credit information collection agency under Article 25 (2) 1 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, credit information, or insurance information under Article 33-3 (1) (hereinafter referred to as "financial information, etc.") regarding the lessee, etc., pursuant to Article 42-5 of the Act, he or she shall include the following matters in the request: <Amended on Oct. 22, 2019; Aug. 4, 2020>
1. Name and resident registration number of a lessee, etc.;
2. Scope of financial information, etc. requested, the base date of inquiry and the period therefor.
(2) Where the head of a financial institution, in receipt of a request to provide financial information, etc. under paragraph (1), provides relevant financial information to the Minister of Land, Infrastructure and Transport, he or she shall include the following:
1. Name and resident registration number of a lessee, etc.;
2. Names of financial institutions, etc. that provide financial information, etc.;
3. Name of a financial product about which financial information, etc. is to be provided, and account number thereof;
4. Details of financial information, etc.
(3) The Minister of Land, Infrastructure and Transport may request the head of a relevant financial institution to provide financial information, etc. via the information and communications network of an association, federation, or national federation which the said financial institution, etc. had joined.
[This Article Newly Inserted on Jul. 16, 2018]
 Article 33-5 (Requests for Providing Data)
The Minister of Land, Infrastructure and Transport (including the Minister of Health and Welfare or the head of a local government delegated or entrusted with the duties under Article 62 (4) 2 of the Act), the Korea Land and Housing Corporation and a local public corporation may request the following data under Articles 42-6 (1) and 59-2 (2): <Amended on Jun. 9, 2020>
1. The following data on national and local taxes under Article 42-6 (1) 2 of the Act:
(a) The following taxation information under the Framework Act on National Taxes:
(i) Global income, business income, wage and salary income, and wage and salary income of a daily hire employee under the Income Tax Act;
(ii) Data on determination on labor encouragement subsidies and child care subsidies under the Restriction of Special Taxation Act;
(iii) Data on business registration (including information on the suspension or closing of business) under the Value-Added Tax Act;
(b) Taxation information relating to acquisition tax, property tax, and automobile tax under the Local Tax Act;
2. The following data on various types of pension, insurance and benefits under Article 42-6 (1) 3 of the Act:
(a) Data on the eligibility of the insured and benefits, etc. under the National Pension Act;
(b) Data on pensions or benefits for the insured under the following statutes:
(ii) The Military Mutual Aid Association Act;
(c) Data on whether to receive pensions for persons with disabilities under the Act on Pensions for Persons with Disabilities;
(d) Data on whether to receive disability allowances or allowances for children with disabilities under the Act on Welfare of Persons with Disabilities;
(e) The following data under the National Health Insurance Act:
(i) Data on the imposition and collection of insurance premiums, including monthly remunerations, insurance premiums, and acquisition or loss of eligibility of the insured;
(ii) Information on the eligibility of the dependents;
(iii) Data evidencing the eligibility for a reduction in insurance premiums;
(f) The following data under the Employment Insurance Act:
(i) Data on the eligibility of the insured;
(ii) Data on such benefits as unemployment benefits, compensation and support;
(g) Data on such benefits as insurance benefits, compensation, and support under the Industrial Accident Compensation Insurance Act;
(h) Data on monthly average remuneration for the insured and employees under the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance;
(i) Data on benefits, compensation, and support received under each of the following statutes:
(j) Data on long-term care benefits for a person declared as a beneficiary and long-term care institution under the Long-Term Care Insurance Act;
3. Data on the following real estate and motor vehicles under Article 42-6 (1) 4 of the Act:
(a) The following data on real estate:
(i) Register referred to in subparagraph 1 of Article 2 of the Registration of Real Estate Act;
(ii) A building register under Article 38 of the Building Act;
(iii) Comprehensive real estate record under subparagraph 19-3 of Article 2 of the Act on the Establishment, Management, etc. of Spatial Data and cadastral computerized data under Article 76 of the same Act;
(iv) Officially assessed individual land prices under Article 10 of the Act on the Public Announcement of Real Estate Values, individual housing prices under Article 17 of the same Act, and multi-family housing prices under Article 18 of the same Act;
(vi) Data on transactions of real estate, etc. under subparagraph 2 of Article 2 of the Act on Report on Real Estate Transactions, Etc.;
(vii) Data on rental agreements entered in the fixed date register under Article 3-6 of the Housing Lease Protection Act;
(viii) Data on the right to purchase ownership under the Housing Act;
(b) The following data on motor vehicles:
(i) The motor vehicle register under Article 5 of the Motor Vehicle Management Act;
(ii) Data on the calculation of automobile insurance premium rates under the Insurance Business Act.
[This Article Newly Inserted on Oct. 22, 2019]
 Article 34 (Mandatory Rental Period of Private Rental Housing)
(1) "Time prescribed by Presidential Decree, such as the date of registration as a rental business entity" in Article 43 (1) of the Act, means any of the following time frames: <Amended on Sep. 19, 2017; Jul. 16, 2018>
1. Privately-constructed rental housing: The commencement date of the period designated for occupancy. In such cases, if no period designated for occupancy is set, it refers to the actual lease commencement date stipulated in the first rental agreement concluded as of the registration as a rental business entity under Article 5 of the Act;
2. Buy-to-rent private housing: Date of registration as a rental business entity: Provided, That in cases of a housing lease which commences as of the date of registration as a rental business entity, it shall be the actual lease commencement date stipulated in the rental agreement;
3. Where a report on change of short-term private rental housing to long-term private rental housing is filed pursuant to the main clause of Article 5 (3) of the Act: The following applicable time frame:
(a) Where the report on change is filed before expiration of the mandatory rental period of short-term private rental housing: The time in subparagraph 1 or 2 which applies to the short-term private rental housing;
(b) Where the report on change is filed after expiration of the mandatory rental period of short-term private rental housing: The date calculated by counting the mandatory rental period of the relevant short-term private rental housing retrospectively from the date of acceptance of the report on change.
(2) A rental business entity which intends to transfer private rental housing during the mandatory rental period under Article 43 (4) of the Act shall submit the application and accompanying documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing. <Newly Inserted on Jul. 16, 2018>
(3) "Financial conditions, etc. prescribed by Presidential Decree" in Article 43 (4) 1 of the Act means any of the following cases: Provided, That subparagraphs 3 and 4 shall apply only to a rental business entity which has registered at least 300 units or households of private rental housing, the mandatory rental period of which is at least eight years: <Amended on Jul. 16, 2018>
1. Where loss is incurred for two consecutive years;
2. Where negative operating cash flow has accrued for two consecutive years;
3. Where at least 20 percent of the total number of units of private rental housing of the relevant rental business entity have been vacant during the last 12 months, and specific private rental housing has remained vacant during the same period;
4. Where it is difficult to continue the private rental business because the relevant private rental housing is scheduled to be demolished due to a project for redevelopment, rebuilding, etc. under any relevant statute or regulation.
(4) Where the head of a Si/Gun/Gu intends to permit transfer under Article 43 (4) of the Act on the ground prescribed in paragraph (3) 3 or 4, the permission shall be granted only for the housing regarding which the relevant ground has occurred. <Amended on Jul 16, 2018>
(5) Where the head of a Si/Gun/Gu intends to permit transfer under Article 43 (4) of the Act on the ground prescribed in Article 43 (4) 2 of the Act, a total sale price for housing shall not exceed an estimated amount of operating expenses plus other expenses. <Newly Inserted on Jul. 16, 2018>
 Article 34-2 (Rents)
"Rate of increase ... prescribed by Presidential Decree" in the main clause of Article 44 (2) of the Act means the rate classified as follows:
1. Private rental housing complex with at least 100 households: The rate of change in the weighted average value of house rents and service indexes related to maintaining and repairing residential facilities and other residence-related services in the Special Metropolitan City, the Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province where the rental house is located, from among consumer price index items classified according to the purpose of expenditure publicly notified by the Commissioner of the Statistics Korea under the Statistics Act: Provided, That where there is a rate applicable within the competent Si/Gun/autonomous Gu as prescribed by ordinance of Si/Gun/autonomous Gu, such rate shall apply;
2. Private rental housing except for those specified in subparagraph 1: Five percent of the rent: Provided, That housing price index and the rate of change in rents in surrounding areas shall be taken into account.
[This Article Newly Inserted on Feb. 12, 2019]
 Article 35 (Revoking and Terminating Rental Agreements)
(1) If a lessee falls under any of the following cases, the rental business entity may revoke, terminate, or refuse to renew, the rental agreement even during the mandatory rental period under Article 45 (1) of the Act: <Amended on Jul. 16, 2018; Feb. 12, 2019>
1. Where he or she obtains tenancy in the private rental house by fraud or other improper means;
2. Where he or she fails to take occupancy in the private rental house within three months from the time prescribed in the subparagraphs of Article 34 (1) without fault attributable to the rental business entity;
3. Where he or she fails to pay the monthly rent for at least three consecutive months;
4. Where he or she alters, expands or modifies the private rental house or any of its ancillary facilities, or uses it for other than the original purpose without consent from the rental business entity;
5. Where he or she intentionally damages or demolishes the private rental house or any of its ancillary facilities;
5-2. Where the lessee of publicly-funded private rental housing falls under any of the following cases:
(a) Where the lessee’s assets or income exceeds eligibility requirements under Article 42 (2) of the Act and surpasses the criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
(b) Where the lessee acquires ownership of another house during the rental contract period: Provided, That this shall not apply to any of the following cases:
(i) Where the lessee acquires ownership of another house as a result of inheritance, court ruling, or marriage or due to any other unavoidable reason; and where he or she disposes of such house within six months after being notified of the fact that the rental agreement may be revoked or terminated or its renewal may be refused;
(ii) Where a member of a household which acquires ownership of a house due to a cause, such as marriage, reports vacating within 14 days after acquiring ownership, thus leading to the separation of households;
(iii) Where the lessee is selected, on a first-come, first-served basis, as an occupant of any publicly-funded private rental housing that remain unoccupied after occupants of publicly-funded private rental housing are selected;
5-3. Where he or she is found to have taken occupancy in both publicly-funded private rental housing and public rental housing; or to have signed two separate agreements under Article 42-2 of the Act;
6. Where he or she fails to fulfill any of the obligations specified in the standard form rental agreement under Article 47 of the Act.
(2) "Cases prescribed by Presidential Decree, such as where a serious defect is deemed to exist in rental housing, making it impracticable to reside therein" in Article 45 (2) of the Act means any of the following: <Newly Inserted on Feb. 12, 2019>
1. The head of a Si/Gun/Gu recognizes that there is a serious defect making it impracticable to reside in the private rental house;
2. The rental business entity damages appurtenant facilities or welfare facilities of the private rental house against the will of the lessee;
3. It is impossible to move into the rental house within three months from the expiry of the period designated for occupancy due to reasons attributable to the rental business entity;
4. Where the rental business entity fails to fulfill the obligations specified in the standard form rental agreement under Article 47 of the Act.
 Article 36 (Reporting Rental Agreements)
(1) A rental business entity shall report the following matters and any change thereof to the head of a Si/Gun/Gu under Article 46 (1) and (2) of the Act: <Amended on Jul. 16, 2018; Oct. 22, 2019>
1. Rental period;
2. Rents;
3. Amount of loans obtained to acquire the ownership of private rental housing (limited to buy-to-rent private housing);
4. Current status of lessees (limited to quasi-housing).
(2) A rental business entity who intends to report the matters specified in the subparagraphs of paragraph (1) or any change thereof shall submit a report or report on change prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the head of the Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing or the head of the Si/Gun/Gu having jurisdiction over the place of the domicile of the rental business entity, along with the standard form rental agreement under Article 47 of the Act: Provided, That where he or she intends to report (excluding report on change) the existing rental agreement under the proviso of Article 44 (1) 2 which is not a standard form rental agreement under Article 47 of the Act, he or she shall attach all of the following documents: <Amended on Jul. 16, 2018; Oct. 22, 2019>
1. The rental agreement;
2. Data that can objectively evidence that the rental business entity has communicated his or her registration as a rental business entity to the lessee in person, by notice with a content-certified mail or by any other means.
(3) Where the head of the Si/Gun/Gu having jurisdiction over the place of the domicile of a rental business entity receives a report or report on change under paragraph (2), he or she shall transfer it immediately to the head of the Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing. <Amended on Oct. 22, 2019>
(4) Upon receipt of a report or report on change pursuant to paragraph (2) or (3), the head of the Si/Gun/Gu (referring to the head of the Si/Gun/Gu having jurisdiction over the location of the private rental housing; hereafter the same shall apply in paragraph (5)) shall verify the details of such report or report on change and record them in the ledger of reports on the terms of the rental within 10 days from the date of receipt of such report or report on change, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and shall issue a certificate of reporting on the terms of rental or certificate of reporting on change, to the reporting person. <Amended on Oct. 22, 2019>
(5) The head of a Si/Gun/Gu shall publicly announce the terms of rental, or any change thereof, reported or re-reported by a rental business entity pursuant to Article 46 (1), (2) and (4) of the Act in the public gazette of the relevant local government by no later than the end of the month following the end of each quarter. <Amended on Jul. 16, 2018; Feb. 12, 2019>
 Article 37 (Rental Business Entity's Obligation to Provide Explanation and Method of Confirmation)
(1) "Matters prescribed by Presidential Decree, such as the guarantee period for rental security deposit under Article 49 of the Act" in Article 48 (1) 1 of the Act means the following:
1. Amount of guarantee coverage;
2. Guarantee period;
3. Calculation method and amount of the guarantee fee, its apportionment ratio, and method of payment;
4. Matters concerning the refund or additional payment of the guarantee fee where the rental agreement is revoked or terminated, or the rental security deposit is increased or decreased, during the guarantee period;
5. Matters concerning the redemption of guarantee where the grantee period expires during the rental agreement period.
(2) The title relationship that a rental business entity shall explain and obtain confirmation on under Article 48 (1) 2 of the Act shall be as follows:
1. Matters concerning the restricted real right set for the rental house and matters related to seizure, provisional seizure, temporary disposition, etc.;
2. Matters concerning the default of national and local taxes by the rental business entity.
(3) Where a rental business entity concludes a rental agreement with a lessee or modifies any provision thereof pursuant to Article 48 (1) of the Act, he or she shall deliver the lessee a standard form rental agreement which includes the matters set forth in paragraphs (1) and (2), and provide the lessee with a full explanation thereof to enable the lessee to understand such agreement; and the lessee shall verify it by placing his or her signature or writing his or her name with his or her seal affixed.
[Title Amended on May 26, 2020]
 Article 38 (Purchasing Guarantee for Rental Security Deposit)
(1) "Number ... prescribed by Presidential Decree" in Article 49 (1) 3 of the Act means 100 units. <Amended on Oct. 22, 2019>
(2) A rental business entity under Article 49 (1) of the Act shall purchase a guarantee for rental security deposit before he or she applies for an occupancy inspection or approval for temporary use under Article 49 of the Housing Act, or approval for use or temporary use under Article 22 of the Building Act. <Amended on Aug. 11, 2016>
(3) Upon purchasing a guarantee for rental security deposit, a rental business entity under Article 49 (1) of the Act shall submit, without delay, a copy of the relevant guarantee to the head of the Si/Gun/Gu having jurisdiction over the seat of the private rental housing.
(4) The head of a Si/Gun/Gu in receipt of a copy of the letter of guarantee submitted pursuant to paragraph (3), shall retain it until the guarantee period expires.
(5) Where a rental business entity under Article 49 (1) of the Act has purchased a guarantee for rental security deposit, he or she shall promptly deliver to the lessee each copy of the letter of guarantee and the terms and conditions of guarantee after a lessee has taken occupancy in the relevant private rental house.
(6) A rental business entity under Article 49 (1) of the Act shall publicly announce the purchase of a guarantee for rental security deposit at a place easily visible to his or her lessees. The same shall also apply where the guarantee purchased is terminated or altered.
 Article 39 (Amount of Guarantee Coverage)
(1) "Amount ... prescribed by Presidential Decree" under the former part, with the exception of the subparagraphs, of Article 49 (3) of the Act shall be the value of security rights plus the aggregate of rental security deposits minus the amount corresponding to 60/100 of the housing price.
(2) The methods of calculating the housing price under the latter part, with the exception of the subparagraphs, of Article 49 (3) of the Act shall be the methods used by an appraisal business entity defined in subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers to calculate the appraisal value under Article 3 of the same Act.
[This Article Wholly Amended on Oct. 22, 2019]
 Article 40 (Payment Methods of Guarantee Fees)
Methods of paying a guarantee fee, the sharing ratio of a guarantee fee, etc. in Article 49 (6) of the Act shall be as follows: <Amended on Jul. 11, 2017>
1. The rental business entity shall bear 75 percent of the guarantee fee for rental security deposit and the lessee shall bear 25 percent thereof: Provided, That, where a rental business entity recruits lessees before conducting occupancy inspection, the whole amount of guarantee fee accruing from the date of recruiting lessees to the date of occupancy inspection shall be borne by the rental business entity;
2. The guarantee fee shall be borne by the rental business entity. In such cases, the rental business entity shall collect the guarantee fee to be borne by the lessee by including it in the rent, and specify the details thereof in a notice for payment of rent;
3. Where the guarantee fee is paid in installments under Article 49 (4) of the Act, a recalculated guarantee fee shall be paid by no later than each anniversary from the date of guarantee agreement of a rental security deposit.
 Article 41 (Managing Private Rental Housing)
(1) "Buy-to-rent private housing prescribed by Presidential Decree" in Article 51 (1) of the Act means buy-to-rent private housing that a rental business entity leases after purchasing all the housing constructed and supplied by a project undertaker pursuant to Article 54 of the Housing Act. <Amended on Aug. 11, 2016>
1. Matters concerning separate management under Article 8 of the Multi-Family Housing Management Act;
2. Matters concerning disclosure of management expenses, etc. under Article 23 (4) of the Multi-Family Housing Management Act;
3. Matters concerning preparation and custody of accounting documents under Article 27 (1) of the Multi-Family Housing Management Act;
4. Matters concerning the duties of a management entity under Article 63 of the Multi-Family Housing Management Act;
5. Matters concerning the consent of a management entity under Article 19 (2) of the Enforcement Decree of the Multi-Family Housing Management Act;
6. Matters concerning imposing user fees under Article 23 (4) of the Enforcement Decree of the Multi-Family Housing Management Act and the entrusted operation of exercise facilities for inhabitants under Article 29 of the same Enforcement Decree;
7. Matters concerning selecting contractors for disbursement of management fees under Article 25 (1) 1 (a) of the Enforcement Decree of the Multi-Family Housing Management Act;
8. Matters concerning the safety management of facilities under Article 33 of the Enforcement Decree of the Multi-Family Housing Management Act;
9. Matters concerning the safety inspection of multi-family housing under Article 34 of the Enforcement Decree of the Multi-Family Housing Management Act;
10. Matters concerning criteria, etc. for permission to perform activities under Article 35 of the Enforcement Decree of the Multi-Family Housing Management Act;
12. Matters concerning the posting of the head of a management office, and matters concerning a housing manager, an assistant housing manager, etc. under Articles 69, 70, 71, and 73 of the Enforcement Decree of the Multi-Family Housing Management Act;
13. Matters concerning supervising multi-family housing management under Article 96 of the Enforcement Decree of the Multi-Family Housing Management Act.
(3) "Scale prescribed by Presidential Decree, such as multi-family housing with not less than 300 households" in Article 51 (2) of the Act means the scale of private rental housing falling under any of the following, for each private rental housing complex:
1. Multi-family housing with at least 300 households;
2. Multi-family housing with an elevator;
3. Multi-family housing with central heating systems.
(5) Cases where rental business entities may jointly manage private rental housing under Article 51 (4) of the Act are where there is a written consent from the council of lessees' representatives (hereinafter referred to as "council of lessees’ representatives") or a majority of the lessees (only in cases where there is no council of lessees' representatives) of each complex under Article 52 (1) of the Act; and the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si or Gun deems it reasonable to jointly manage two or more private rental housing. <Amended on Jul. 16, 2018; Feb. 12, 2019>
(6) In applying the criteria for technical personnel and equipment under paragraph (4) to two or more private rental housing complexes jointly managed under paragraph (5), the two or more private rental housing complexes shall be deemed a single private rental housing complex: Provided, That this 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 a Si/Gun requires respective private rental housing complexes to meet the criteria based on such considerations as distances between private rental housing complexes and safety. <Newly Inserted on Feb. 12, 2019>
 Article 42 (Council of Lessees' Representatives)
(1) "Number of households prescribed by Presidential Decree" in the main clause of Article 52 (1) of the Act means 20 households. <Amended on Feb. 12, 2019>
(2) "Multi-family housing complex prescribed by Presidential Decree" in the proviso of Article 52 (1) of the Act means any of the following multi-family housing complex: <Newly Inserted on Feb. 12, 2019>
1. Multi-family housing complex with at least 300 households;
2. Multi-family housing complex with at least 150 households, which falls under subparagraph 2 or 3 of Article 41 (3).
(3) Where lessees under the proviso of Article 52 (1) of the Act do not constitute a council of lessees' representatives under Article 52 (3) of the Act, the rental business entity shall notify lessees of the fact that such council shall be organized as well as of the matters to be discussed at the council under Article 52 (4) of the Act and the organization and operation of the council under this Article, at least once a half year. <Newly Inserted on Feb. 12, 2019>
(4) "Matters prescribed by Presidential Decree" in Article 52 (4) 5 of the Act means the following: <Amended on Jul. 16, 2018; Dec. 31, 2018; Feb. 12, 2019>
1. Rectification of defects;
2. Matters agreed by a rental business entity and the council of lessees' representatives on the management of multi-family housing;
3. In cases of opening parking lots for private rental housing to those other than lessees, the following:
(a) A number of cars that can be parked and the location;
(b) Opening hours of the parking lot;
(c) Matters concerning collecting and using parking fees;
(d) Other matters necessary for appropriately opening the parking lot.
(5) Upon request by a council of lessees' representatives for consultation on the matters in the subparagraphs of Article 52 (4) of the Act, the rental business entity shall conscientiously respond to such request. <Amended on Feb. 12, 2019>
(6) A council of lessees' representatives shall consist of the representatives elected in proportion to the number of households of each building of private rental housing (hereinafter referred to as "representative of a building"). <Amended on Feb. 12, 2019>
(7) A person eligible to serve as the representative of a building shall be a lessee residing in the relevant private rental housing complex for at least six consecutive months: Provided, That this shall not apply where the council of lessees' representatives is newly formed. <Amended on Feb. 12, 2019>
(8) A council of lessees' representatives shall elect a chairperson, a vice chairperson, and an auditor from among the representatives of buildings. <Amended on Feb. 12, 2019>
(9) When a council of lessees' representatives intends to hold a meeting, it shall notify the lessees of, or publicly announce, the purpose, date and time, place, etc. of such meeting at least five days prior to the date of the scheduled meeting. <Amended on Feb. 12, 2019>
(10) A council of lessees' representatives shall, without delay, notify the lessees of, or publicly announce, the progress of execution of major affairs, such as matters resolved upon at such council, the results of consultation with the rental business entity, etc. <Amended on Feb. 12, 2019>
(11) When a council of lessees' representatives has held a meeting, it shall prepare and retain minutes thereof; and, if a lessee requests to inspect or reproduce such minutes at his or her own expense, it shall comply with such request. <Amended on Feb. 12, 2019>
 Article 42-2 (Opening Parking Lots for Private Rental Housing)
Where a rental business entity obtains written consent of a majority of all lessees to matters determined following consultation with the council of lessees’ representatives under Article 42 (4) 3, he or she may enter into an agreement with a local government and open a parking lot in accordance therewith. In such cases, the operator and manager of the parking lot for private rental housing shall be determined from among those designated by a government, a local public agency established under Article 76 of the Local Public Enterprises Act, or the head of a local government, in consultation with the relevant local government. <Amended on Feb. 12, 2019>
[This Article Newly Inserted on Dec. 31, 2018]
 Article 43 (Rate and Procedures for Using Reserve to Cover Special Repair Expenses)
(1) A rental business entity of private rental housing under Article 53 (1) of the Act shall formulate a long-term repair plan (referring to a long-term repair plan under Article 29 of the Multi-Family Housing Management Act; hereinafter the same shall apply) for common areas, incidental facilities, and welfare facilities (excluding facilities sold in lots) of the relevant private rental housing (limited to multi-family housing specified in the subparagraphs of Article 41 (3)); shall submit the plan when he or she files an application for inspection of occupancy under Article 49 of the Housing Act; and shall keep it in the management office located in the relevant private rental housing complex during the rental period. <Amended on Aug. 11, 2016>
(2) A long-term repair plan under paragraph (1) shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) A rental business entity obligated to formulate a long-term repair plan under paragraph (1), shall accumulate reserves for appropriations for special repairs under Article 53 (1) of the Act (hereinafter referred to as "reserves for appropriations for special repairs") each month from the month in which one year passes from the inspection date of occupancy or the date of approval for temporary occupancy, at the rate of 1/10,000 of the standard construction cost as at the time the project plan is approved pursuant to Article 15 (1) of the Housing Act. <Amended on Aug. 11, 2016>
(4) The reserves for appropriations for special repairs shall be deposited in a finance company, etc. jointly under the names of the rental business entity and the head of the Si/Gun/Gu having jurisdiction over the seat of the relevant private rental housing, and shall be managed separately.
(5) When a rental business entity intends to use the reserves for appropriations for special repairs, he or she shall pre-consult with the head of the Si/Gun/Gu having jurisdiction over the seat of the relevant private rental housing.
(6) The head of a Si/Gun/Gu shall report on whether reserves for appropriations for special repairs are accumulated, the accumulated amounts thereof, etc. with the competent Mayor/Do Governor, as prescribed by Ordinance of the Minister of Land, Infrastructure and Transport; and the Mayor/Do Governor shall report thereon with the Minister of Land, Infrastructure and Transport after incorporating the reports from the heads of Sis/Guns/Gus under their authority.
(7) Except as provided in paragraphs (1) through (6), methods and detailed procedure for using the reserves for appropriations for special repairs, and other necessary matters shall be specified in a long-term repair plan.
 Article 44 (Rental Housing Dispute Mediation Committees)
(1) Deleted. <Feb. 12, 2019>
(2) The vice chairperson of a rental housing dispute mediation committee under Article 55 (1) of the Act (hereinafter referred to as "mediation committee") shall be elected by and from among its members. <Amended on Feb. 12, 2019>
(3) Deleted. <Feb. 12, 2019>
(4) Articles 28 and 29 shall apply mutatis mutandis to the exclusion, challenge, and abstention of members, and the removal of commissioned members.
[Title Amended on Feb. 12, 2019]
 Article 45 (Meetings)
(1) Meetings of a mediation committee shall be convened by the chairperson.
(2) The chairperson shall advise the members of the agenda for a meeting by not later than two days before the day of such meeting.
(3) Meetings of a mediation committee shall be held with the attendance of a majority of its members; and resolutions shall be made with the affirmative vote of a majority of all the members present.
(4) The chairperson shall appoint one person, from among officials of the relevant local government in charge of private or public rental housing affairs, as a secretary to handle administrative affairs of the mediation committee.
(5) The secretary shall prepare minutes for the meetings of the mediation committee and keep them pursuant to the Public Records Management Act; and the following matters shall be included in such minutes:
1. The time and venue of each meeting held;
2. A list of signatures of the members present;
3. The agenda and conclusions of each meeting;
4. Other important matters discussed.
(6) Allowances shall be paid, and travel expenses shall be reimbursable, to each member who has attended a meeting of a mediation committee within budget: Provided, That this shall not apply where a public official member attends such meeting in direct relation to his or her affairs.
(7) A mediation committee may request a rental business entity to submit necessary data to mediate a dispute on the relevant private or public rental housing.
 Article 46 (Subject Matter of Mediation)
"Matters prescribed by Presidential Decree" in Article 56 (1) 4 of the Act means those related to conversion for sale in lots, housing management, repayment of loans from the National Housing Urban Fund, refund of rental security deposit, etc. of private rental housing of any of the following rental business entities:
1. A rental business entity against whom a clearing house issues a disposition for business suspension because of his or her failure to settle bills or checks issued by the due date;
2. A rental business entity who fails to pay interest on loans from the Housing and Urban Fund established under the Housing and Urban Fund Act for more than six months;
3. A rental business entity obligated to purchase a guarantee for rental security deposit under Article 49 (1) of the Act, in whose case six months has passed after the purchase or repurchase of a guarantee for rental security deposit is rejected;
4. A rental business entity whose parent company (referring to a parent company defined in Article 342-2 of the Commercial Act) is subject to a disposition specified in subparagraph 1 and whose equity capital is completely impaired.
 Article 47 (Operating Rules)
Except as provided in this Decree, matters necessary for meetings and the operation, etc. of a mediation committee shall be determined by the chairperson following a resolution passed at the mediation committee.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 48 (Promoters for Establishment of Association)
"Number prescribed by Presidential Decree" in Article 59 (1) of the Act means the following number of promoters:
1. A rental business trade association: 5 persons;
2. A housing rental management business trade association: 10 persons.
 Article 49 (Providing Data)
(1) The data that the head of a Si/Gun/Gu and a public housing business entity should provide to the Minister of Land, Infrastructure and Transport under Article 60 (2) of the Act, shall be as follows: <Amended on Jul. 11, 2017; Mar. 27, 2018; Jul. 16, 2018>
1. Data on rental housing, such as the types, categories, area, etc. of private rental housing or public rental housing;
2. Names and resident registration numbers of rental business entities and public housing business entities (in cases of corporations, referring to their trade names, representatives' names, and corporate registration numbers);
3. Names and resident registration numbers (limited to public rental housing) of lessees (including those of the household members residing therewith);
4. Data on rental agreements, such as the terms of rental;
5. Information on the supply of private rental housing included in the documents submitted by the rental business entity when he or she has filed a report under Article 42 (4) of the Act;
6. Other data prescribed by Ordinance of the Ministry of Infrastructure and Transport regarding managing private rental housing or public rental housing.
(2) "Data prescribed by Presidential Decree, such as resident registration, national taxes, and local taxes" in the former part of Article 60 (3) of the Act means the following data: <Newly Inserted on Mar. 27, 2018; May 8, 2018>
1. Electronic data on resident registration under Article 30 (1) of the Resident Registration Act;
2. A building register under Article 38 of the Building Act;
3. A housing tax ledger among property tax ledger under Article 121 of the Local Tax Act;
4. Data on rental agreements among data on tax credits for monthly rents under Articles 95-2 and 122-3 (3) of the Restriction of Special Taxation Act;
5. Data on rental agreements entered in the fixed date register under Article 3-6 of the Housing Lease Protection Act;
6. Information on report on real estate transactions under Article 3 of the Act on Report on Real Estate Transactions, Etc.;
7. Records of registering rights to lease on a deposit basis among registration records under the Registration of Real Estate Act;
8. Information on energy use and greenhouse gas emissions in buildings under Article 10 of the Green Buildings Construction Support Act.
 Article 50 (Establishing and Operating Rental Housing Information System)
(1) The Minister of Land, Infrastructure and Transport may perform the following affairs to establish and operate the rental housing information system referred to in Article 60 (1) of the Act (hereinafter referred to as “Information System”): <Amended on Mar. 27, 2018; Jul. 16, 2018; Feb. 12, 2019>
1. Collecting information to identify the current status of rental housing, and establishing and managing a relevant database, and producing statistics;
1-2. Electronic processing of ledgers regarding application for registration of rental business entities, reporting of change or cancellation of any registered matter, reporting of registration of rental business entities, and reporting of rental agreements;
1-3. Survey on the errors to enhance the accuracy of registration data of rental housing and statistics of rental housing and request for improvement;
2. Research and development regarding establishing and operating the Information System and technical assistance thereto;
3. Standardizing databases, and establishment of compatible systems therefor to jointly utilize information on private rental housing and public rental housing;
4. Connecting and cooperating with agencies or organizations which hold information on private rental housing and public rental housing, and implementing joint projects therewith;
5. Other matters necessary for establishing and operating the Information System.
(2) To establish the Information System, the Minister of Land, Infrastructure and Transport may request the head of a central administrative agency, a local government, the Korea Land and Housing Corporation, or a public local corporation to submit relevant information, statistics, etc. on private or public rental housing collected and held thereby. In such cases, the head of an agency in receipt of such request shall comply therewith, except in extenuating circumstances.
(3) The Minister of Land, Infrastructure and Transport may provide rental business entities, public housing business entities, or the general public with the information contained in the Information System on the website of the Ministry of Land, Infrastructure and Transport.
(4) Notwithstanding paragraph (3), none of the following matters shall be disclosed. In such cases, the grounds for and the period of non-disclosure shall be published, and shall be disclosed immediately at the time the grounds for non-disclosure cease to exist or the period of non-disclosure expires:
1. Matters concerning private individuals included in the relevant information, such as the names and resident registration numbers, which are deemed likely to infringe on privacy of such individuals, if disclosed;
2. Other matters deemed objectively likely to compromise the fairness of polices on rental housing and operation of information, if disclosed.
(5) Where any error, such as clerical errors or omissions, exists in the registration data of rental housing, the Minister of Land, Infrastructure and Transport may request the head of a Si/Gun/Gu to take necessary measures, such as verification of the fact and correction. <Newly Inserted on Feb. 12, 2019>
(6) Where it is found that the grounds for modification, such as any clerical error and omission, notified pursuant to paragraph (5), are obvious, the head of a Si/Gun/Gu may ex officio correct or make entries in the register of rental business entities and reports on rental agreements. In such cases, the head of a Si/Gun/Gu shall notify the rental business entity of the fact without delay. <Newly Inserted on Feb. 12, 2019>
(7) Where there is any ground for canceling the registration of a rental business entity, such as the mismatch of ownership, the Minister of Land, Infrastructure and Transport may request the head of a Si/Gun/Gu to cancel the registration of the rental business entity. In such cases, the head of a Si/Gun/Gu shall take necessary measures following verification of the relevant rental business entity and notify the Minister of Land, Infrastructure and Transport of the results thereof. <Newly Inserted on Feb. 12, 2019>
 Article 51 (Reporting by Heads of Local Governments)
Matters that the head of a local government should report to the Minister of Land, Infrastructure and Transport under Article 61 (4) of the Act shall be as follows:
1. Results of registration of private rental housing under Article 5 of the Act;
2. Private rental housing remaining unrented;
3. Rents.
 Article 52 (Entrusting Duties)
Upon entrusting affairs concerning the establishment and operation of the information system pursuant to Article 62 (4) 3 of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify such fact and entrusted institutions in the Official Gazette.
[This Article Newly Inserted on May 26, 2020]
 Article 53 (Re-Examination of Regulation)
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and take measures for improvement, etc.: <Amended on Jul. 16, 2018>
1. Eligibility requirements for commercial rental business entities, criteria for registration of rental business entities, etc. under Article 4: January 1, 2016;
2. Deleted; <Dec. 31, 2018>
3. Rates, procedures for use, etc. of reserves for appropriations for special repairs under Article 43: January 1, 2016.
 Article 54 (Processing Personally Identifiable Information)
(1) The Minister of Land, Infrastructure and Transport (including a person entrusted with the duties of the Minister of Land, Infrastructure and Transport pursuant to Article 62 of the Act); the Mayor/Do Governor, or the head of a Si/Gun/Gu, the designated agency for computerized management under Article 42-2 of the Act; or the Korea Land and Housing Corporation, or a local public corporation under Article 59-2 of the Act may process data containing resident registration numbers, passport numbers, or alien registration numbers defined in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is essential to perform the following administrative affairs: <Amended on Mar. 27, 2017; Jul. 16, 2018; Feb. 12, 2019>
1. Affairs related to registering rental business entities under Article 5 of the Act;
2. Affairs related to cancelling registration of rental business entities under Article 6 of the Act;
3. Affairs related to registering housing rental management business under Article 7 of the Act;
4. Verifying written consent obtained from landowners under Articles 23 (4) and 34 (1) of the Act;
4-2. Ascertaining taking occupancy in both publicly-funded private rental housing and public rental housing and computerized management of information on lessees under Article 42-2 of the Act;
4-3. Consent to providing financial information, etc. under Article 42-4 of the Act;
4-4. Providing financial information, etc. under Article 42-5 of the Act;
4-5. Requesting data under Article 42-6 of the Act;
4-6. Collecting, managing, retaining, or utilizing data and information under Article 42-7 of the Act;
5. Affairs related to reports on transfer of rental housing and granting approval therefor under Article 43 of the Act and Article 34 of this Decree;
6. Affairs related to reporting on rental agreements under Article 46 of the Act;
7. Authorization for incorporating an association under Article 59 (1) of the Act;
7-2. Affairs concerning the verification of eligibility of lessees for supporting rental business, etc. under Article 59-2 of the Act;
8. Collecting, etc. data and information under Article 60 of the Act.
(2) A rental business entity (including a designated agency for computerized management under Article 42-2 of the Act or an institution entrusted by a rental business entity to perform the affairs related to selecting lessees on behalf of the rental business entity as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport) may manage data containing resident registration numbers, passport numbers, or alien registration numbers defined in subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act to perform the following affairs: <Amended on Sep. 19, 2017; Jul. 16, 2018; Feb. 12, 2019>
1. Affairs related to supplying private rental housing under Article 42 of the Act;
2. Ascertaining taking occupancy in both publicly-funded private rental housing and public rental housing under Article 42-2 of the Act;
3. Verifying eligibility requirements for lessees of publicly-funded private rental housing under Article 42-3 of the Act.
CHAPTER VII PENALTY PROVISIONS
 Article 55 (Criteria for Imposition of Administrative Fines)
(1) The criteria for the imposition of administrative fines under Article 67 of the Act shall be as specified in attached Table 3. <Amended on Oct. 22, 2019>
(2) Upon imposing an administrative fine, the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu having jurisdiction over the location of private rental housing shall notify the head of a Si/Gun/Gu having jurisdiction over the address of the rental business entity of such fact. In such cases, the head of a Si/Gun/Gu having jurisdiction over the address of the rental business entity shall record the notified matters in the register. <Newly Inserted on Oct. 22, 2019>
[Title Amended on Oct. 22, 2019]
ADDENDA <Presidential Decree No. 26763, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Article 2 (Applicability to Grounds for Cancellation of Registration)
The amended provisions of Article 5 (1) shall also apply to a rental business entity registered under the previous provisions as at the time this Decree enters into force. In such cases, the date this Decree enters into force shall be deemed the date the rental business entity is registered.
Article 3 (Applicability to Reporting on Current Status of Housing Rental Management Business Entities)
The amended provisions of Article 11 shall begin to apply to the first report on the status for the quarter commencing after this Decree enters into force.
Article 4 (Applicability to Consecutive Terms of Office of Members of Rental Housing Dispute Mediation Committee)
The amended provisions of Article 44 (3) shall begin to apply to the first person commissioned as a member of a mediation committee as at the time this Decree enters into force. In such cases, his or her term of office as at the time this Decree enters into force, shall be deemed the first term of office.
Article 5 (Transitional Measures concerning Criteria for Registration of Rental Business Entities)
Article 6 (Transitional Measures concerning Preferential Sale of Constructed Rental Housing)
Notwithstanding the amended provisions of Article 13 (1) of the Enforcement Decree of the Act on the Promotion of Construction of Rental Housing amended by Presidential Decree No. 14381, the application of the non-homeownership period where rental housing on rent as at September 13, 1994, being the date the Enforcement Decree of the Act on the Promotion of Construction of Rental Housing amended by Presidential Decree No. 14381 enters into force, is preferentially sold to a lessee shall be governed by the previous Enforcement Decree of the Rental Housing Act (referring to the Enforcement Decree of the same Act before it was amended by Presidential Decree No. 14381).
Article 7 (Transitional Measures concerning Extension of Scope of Public Build-to-Rent Housing)
Notwithstanding the amended provisions of subparagraph 1 of Article 2 of the Enforcement Decree of the Rental Housing Act amended by Presidential Decree No. 18315, the supply, management, conversion for sale in lots, and the terms of rental, etc. of rental housing constructed on a public housing site supplied before March 17, 2004, being the date the Enforcement Decree of the Rental Housing Act amended by Presidential Decree No. 18315 enters into force, shall be governed by the previous Enforcement Decree of the Rental Housing Act (referring to the Enforcement Decree of the same Act before it was amended by Presidential Decree No. 18315).
Article 8 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of subparagraph 2 (g) of attached Tale 2 of the Enforcement Decree of the Rental Housing Act partially amended by Presidential Decree No. 23752, the application of criteria for imposition of administrative fines against violations committed before April 27, 2012, being the date the Enforcement Decree of the Rental Housing Act amended by Presidential Decree No. 23752 enters into force, shall be governed by the previous Enforcement Decree of the Rental Housing Act (referring to the Enforcement Decree of the same Act before it was amended by Presidential Decree No. 23752); and such violations shall not be included in the calculation of the number of violations in applying the criteria for imposition of administrative fines under attached Table 4.
Article 9 Omitted.
Article 10 (Relationship to Other Statutes or Regulations)
Where any other statute or regulation cites the previous Enforcement Decree of the Rental Housing Act, or any provision thereof, as at the time this Decree enters into force, it shall be deemed to have cited this Decree, or relevant provision of this Decree, in lieu of the previous Enforcement Decree of the Rental Housing Act, or the provision thereof, if any provision corresponding thereto exists in this Decree.
ADDENDA <Presidential Decree No. 27115, Apr. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27445, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28181, Jul. 11, 2017>
This Decree shall enter into force on July 18, 2017.
ADDENDA <Presidential Decree No. 28323, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Criteria for Minimum Area for Commercial Rental Housing Supply Promotion Districts)
The amended provisions of Article 18 (1) 3 shall begin to apply to a commercial rental housing supply promotion district designated pursuant to Article 22 of the Act after this Decree enters into force.
Article 3 (Applicability to Time Frame for Calculation of Mandatory Rental Periods of Private Rental Housing)
The amended provisions of Article 34 (1) 3 shall begin to apply to a report on change filed pursuant to the main clause of Article 5 (3) of the Act after this Decree enters into force.
ADDENDUM <Presidential Decree No. 28723, Mar. 27, 2018>
This Decree shall enter into force on March 27, 2018.
ADDENDUM <Presidential Decree No. 28874, May 8, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29045, Jul. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2018.
Article 2 Omitted.
ADDENDUM <No. 29460, Dec. 31, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29550, Feb. 12, 2019>
This Decree shall enter into force on February 15, 2019.
ADDENDA <Act No. 29617, Mar. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 14, 2019.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 30149, Oct. 22, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 24, 2019.
Article 2 (Transitional Measures concerning Registration of Rental Business Entities)
Notwithstanding the amended provisions of Article 4 (1) 2 (d), the previous provisions shall apply to a person who registered as a rental business entity under Article 5 (1) of the Act before this Decree enters into force.
Article 3 (Transitional Measures concerning Cancellation of Registration as Rental Business Entities)
The previous provisions shall apply to private rental housing for which registration has been made or an application for registration has been filed under the previous Article 4 (1) 2 (d) before this Decree enters into force, notwithstanding the amended provisions of Article 5 (1) 4.
ADDENDUM <Presidential Decree No. 30710, May 26, 2020>
This Decree shall enter into force on May 27, 2020: Provided, That the amended provisions of Articles 4-4 and 4-5 shall enter into force on November 27, 2020.
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2020.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement Date)
(1) This Decree shall enter into force on August 5, 2020. (Proviso Omitted.)
(2) and (3) Omitted.
Articles 2 and 4 Omitted.