CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the comfortable dwelling of citizens by providing for the matters necessary for efficiently constructing and effectively operating public housing units to stabilize the dwelling of ordinary people and to improve their residential standards. <Amended on Jan. 14, 2014; Aug. 28, 2015>
The terms used in this Act are defined as follows: <Amended on Jan. 14, 2014; Jan. 6, 2015; Aug. 28, 2015; Jan. 19, 2016; May 18, 2021>
| 1. | The term "public housing" means any of the following housing that a person specified in the subparagraphs of Article 4 (1) or a public housing project operator specified in Article 4 (2) supplies by building, purchasing, or leasing it under this Act or other statutes with financial support from the State or a local government or from the Housing and Urban Fund under the Housing and Urban Fund Act (hereinafter referred to as "Housing and Urban Fund"): |
| (a) | Homes defined in subparagraph 1 of Article 2 of the Housing Act, which are supplied for the purpose of rental or conversion for sale and are prescribed by Presidential Decree (hereinafter referred to as "public rental housing"); |
| (b) | Homes which are not larger than the scale of a national housing defined in subparagraph 5 of Article 2 of the Housing Act, among homes supplied for sale in units (hereinafter referred to as "public housing for sale"); |
| 1-2. | The term "publicly-constructed rental housing" means public rental housing constructed and supplied directly by a public housing project operator prescribed in Article 4; |
| 1-3. | The term "buy-to-rent public housing" means public rental housing supplied by a public housing project operator prescribed in Article 4, not by constructing it directly but by acquiring it through sale or other means; |
| 1-4. | The term "accumulated equity housing unit for sale" means a public housing unit for sale directly constructed or acquired by a public housing project operator under Article 4 through sale, etc. and supplied to a person who acquires the housing unit by accumulating equity in said unit while sharing ownership thereof with the public housing project operator for a period prescribed by Presidential Decree of at least 20 years but not more than 30 years; |
| 2. | The term "public housing zone" means a zone designated and publicly notified pursuant to Article 6 (1), to supply public housing, in which at least 50/100 of all homes are public housing units. In such cases, the ratio of homes under each item of subparagraph 1 shall be prescribed by Presidential Decree within the limit prescribed in the former part of this subparagraph; |
| 3. | The term "public housing project" means the following projects: |
| (a) | A project for developing a public housing zone: A project implemented for developing a public housing zone; |
| (b) | A project for constructing public housing: A project implemented for constructing public housing; |
| (c) | A project for purchasing public housing: A project implemented for purchasing or acquiring housing for the purpose of supplying public housing; |
| (d) | A project for managing public housing: A project implemented for the operation and management of public housing; |
| 4. | The term "conversion for sale" means the sale of a public rental housing unit to a person other than those prescribed in the subparagraphs of Article 4 (1). |
| Article 2-2 (Mutatis Mutandis Application to Quasi-Housing) |
| (1) | Articles 3, 3-2, 4, 5, 35 through 39, 40-2 through 40-5, 41, 43, 44, 45-2, 48, 48-2 through 48-7, 49, 49-2 through 49-4, 49-7, 49-8, 50, 50-2, 50-3, 53, 53-2, 54 through 57, 57-2 through 57-7, and 58 through 60 may apply mutatis mutandis to quasi-housing prescribed by Presidential Decree among quasi-housing defined in subparagraph 4 of Article 2 of the Housing Act and supplied by a person prescribed in any subparagraph of Article 4 (1) for rental purposes by building, purchasing, or leasing it with funding from the State or a local government or from the Housing and Urban Fund (hereinafter referred to as "public quasi-housing"). In such cases, "public housing" shall be construed as "public quasi-housing." <Amended on Jan. 19, 2016; Aug. 9, 2017> |
| (2) | The space of a public quasi-housing unit shall satisfy the criteria for the minimum residential space for a single-person household, as specified in the minimum residential standards publicly announced by the Minister of Land, Infrastructure and Transport pursuant to Article 17 of the Framework Act on Residence. |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 3 (Plans for Supply and Management of Public Housing) |
| (1) | The Minister of Land, Infrastructure and Transport and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall each include matters concerning the supply of public housing in a comprehensive housing plan under Article 5 of the Framework Act on Residence or a City/Do comprehensive housing plan under Article 6 of the aforesaid Act, in formulating such plan. <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015> |
| (2) | For the purposes of smooth construction, purchase, management, etc. of public housing, the Minister of Land, Infrastructure and Transport shall formulate a plan for the supply and management of public housing every five years, which is in line with a 10-year comprehensive housing plan prescribed in Article 5 of the Framework Act on Residence. In such cases, the plan for the supply and management of public housing shall include the following: <Amended on Aug. 28, 2015; Oct. 24, 2017> |
| 1. | Matters concerning the supply of public housing by area and by demand group; |
| 3. | Expenses required for the supply, management, etc. of public housing, and matters concerning the securing of finances therefor; |
| 4. | Other matters that the Minister of Land, Infrastructure and Transport deems necessary for the supply and management of public housing. |
| (3) | In formulating a plan for the supply and management of public housing pursuant to paragraph (2), the types of public housing units and the demand for moving-in by area shall be surveyed. <Amended on Aug. 28, 2015> |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to formulate a plan for the supply and management of public housing, he or she shall request the heads of related central administrative agencies and the heads of related local governments to submit their plans concerning the policies and projects under each jurisdiction that must be reflected in such plan for the supply and management of public housing. In such cases, the heads of central administrative agencies and the heads of local governments shall comply therewith except in extenuating circumstances. <Amended on Aug. 28, 2015> |
| (5) | The Minister of Land, Infrastructure and Transport shall prepare a plan for the supply and management of public housing based on the plans under each jurisdiction received pursuant to paragraph (4), shall consult thereon with the heads of related central administrative agencies and the heads of related local governments; and shall finalize such plan following deliberation by the Housing Policy Deliberative Commission prescribed in Article 8 of the Framework Act on Residence. In such cases, the Minister of Land, Infrastructure and Transport shall notify the finalized plan for the supply and management of public housing, without delay, to the heads of related central administrative agencies and the heads of related local governments. <Newly Inserted on Aug. 28, 2015> |
| (6) | The head of a local government may formulate a plan for the supply and management of public housing in his or her jurisdictional area in accordance with the plan for the supply and management of public housing referred to in paragraph (2). <Newly Inserted on Aug. 28, 2015> |
| (7) | In order to ascertain the status of the supply and management of public housing, the Minister of Land, Infrastructure and Transport may assess the level of the supply and management of public housing by each local government. <Newly Inserted on Aug. 28, 2015> |
| (8) | The Minister of Land, Infrastructure and Transport shall reflect the results of the assessment conducted under paragraph (7) in a plan for the supply and management of public housing, and may reflect them in formulating other related plans or in establishing the criteria for supporting or selecting related projects. <Newly Inserted on Aug. 28, 2015> |
| (9) | The Minister of Land, Infrastructure and Transport may separately determine the assessment methods, standards for reflecting assessment results, etc., referred to in paragraphs (7) and (8). <Newly Inserted on Aug. 28, 2015> |
[Moved from Article 49 <Aug. 28, 2015>]
| Article 3-2 (Funding for Public Housing and Tax Support) |
| (1) | The State and each local government shall endeavor to reflect funds required for constructing, purchasing, leasing public housing in their budget for expenditure each year. |
| (2) | In order to stabilize the dwelling of groups in need of housing assistance, such as youth groups, persons with disabilities, aged persons, newlyweds, and low-income households (hereinafter referred to as "groups in need of housing assistance"), the State or a local government may reduce or exempt national or local taxes related to constructing, acquiring, or managing public housing, as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation statute, or any other tax-related Act or municipal ordinance. <Amended on Dec. 31, 2018> |
| (3) | The Minister of Land, Infrastructure and Transport shall allocate funding from the Housing and Urban Fund preferentially to constructing, purchasing, or leasing public housing. |
| (4) | Where a person who intends to execute a development project under any other statutes or regulations plans rental housing, he or she shall preferentially consider the public rental housing; and where the type of rental housing has not been determined as at the time the site for construction of rental housing is supplied, the site shall be provided preferentially to a public housing project operator prescribed in Article 4, who intends to supply public rental housing, in the manner prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 4 (Public Housing Project Operators) |
| (1) | The Minister of Land, Infrastructure and Transport shall designate a public housing project operator from among the following: <Amended on Act 10238, Apr. 5, 2010; Jan. 17, 2012; Mar. 23, 2013; Jan. 14, 2014; Jan. 20, 2015; Aug. 28, 2015> |
| 1. | The State or local governments; |
| 5. | A corporation established by any entity referred to in subparagraphs 1 through 4 by investing more than 50/100 of the total equity; |
| 6. | A real estate investment company established by the Housing and Urban Fund or a person who falls under any of subparagraphs 1 through 4, in accordance with the Real Estate Investment Company Act, by investing the total equity (including joint investment). |
| (2) | The Minister of Land, Infrastructure and Transport may designate a person falling under any of paragraph (1) 1 through 4, and a housing builder under Article 4 of the Housing Act, as joint public housing project operators. <Amended on Jan. 20, 2015; Aug. 28, 2015; Jan. 19, 2016> |
| (3) | Such matters as the methods and procedures for selecting a public housing project operator, agreements on joint implementation, etc. under paragraphs (1) 5 and (2) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Jan. 14, 2014; Aug. 28, 2015> |
[Title Amended on Aug. 28, 2015]
| Article 5 (Relationship to Other Statutes) |
| (1) | This Act shall take precedence over other statutes with regard to public housing projects: Provided, That if any other statute provides for more relaxed regulations than the special provisions in this Act corresponding thereto, the more relaxed provisions shall apply. <Amended on Jan. 14, 2014; Aug. 28, 2015> |
CHAPTER II DESIGNATION OF PUBLIC HOUSING ZONES
| Article 6 (Designation of Public Housing Zones) |
| (1) | The Minister of Land, Infrastructure and Transport may designate an area required for the advancement of a project for developing a public housing zone (hereinafter referred to as "housing zone development project") as a public housing zone (hereinafter referred to as "housing zone") or may alter or cancel the designation of a housing zone. <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| (2) | Any public housing project operator under Article 4 may propose that the Minister of Land, Infrastructure and Transport designate a housing zone, or alter or cancel the designation of a housing zone in any of the following cases: <Amended on Mar. 23, 2013; Jan. 14, 2014; Jan. 20, 2015; Aug. 28, 2015; Apr. 30, 2019> |
| 1. | Where the boundary line of a housing zone dissects a plot of land; |
| 2. | Where the land or buildings outside a housing zone are restricted from entry or their utility value declines due to the designation of a housing zone; |
| 3. | Where the cost incurred in installing infrastructure decreases due to alteration of a housing zone; |
| 3-2. | Where the need to continuously promote a public housing project no longer exists or where it is clearly impractical to promote it due to changes in circumstances; |
| 4. | Other cases where it is necessary for the rational use of land. |
| (3) | The Minister of Land, Infrastructure and Transport shall, whenever he or she intends to designate a housing zone or alter the designation of a housing zone, bring the case to the central urban planning commission under Article 106 of the National Land Planning and Utilization Act for deliberation, and Article 8 or 9 of the aforesaid Act shall not apply in such cases: Provided, That the same shall not apply to any modification to insignificant matters specified by Presidential Decree. <Amended on Mar. 23, 2013> |
| (4) | When a case is submitted to the commission for deliberation under paragraph (3), the central urban planning commission shall complete deliberation within 60 days; it shall be deemed that deliberation has been completed if it fails to complete deliberation within the aforesaid period. |
| (5) | Where the Minister of Land, Infrastructure and Transport intends to designate a housing zone or to alter or cancel its designation pursuant to paragraph (1), or a public housing project operator intends to propose the designation of a housing zone or the alteration or cancellation of its designation pursuant to paragraph (2), the Minister or the public housing project operator shall comprehensively examine housing demand in the relevant area, the local conditions, etc. In such cases, the Minister or the public housing project operator may pre-consult with the heads of related central administrative agencies, the head of the competent local government, local government-invested public corporations, or any other relevant agencies on the designation of the housing zone or the alteration or cancellation of such designation, or on the proposal therefor. <Newly Inserted on Apr. 30, 2019> |
| (6) | Matters necessary for proposals for the designation or the alteration or cancellation thereof under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Apr. 30, 2019> |
[Title Amended on Jan. 14, 2014]
| Article 6-2 (Designation of Special Management Areas) |
| (1) | When canceling the designation of a housing zone pursuant to Article 6 (1), the Minister of Land, Infrastructure and Transport may designate an area, which is not smaller than the size prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and is likely to be developed haphazardly unless it is managed under a systematic plan, as a special management area for a period of up to 10 years. |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to designate a special management area, he or she shall formulate a management plan for a special management area including the following matters (hereafter in this Article, referred to as "management plan"). In such cases, a public housing project operator of the former housing zone referred to in Article 4 (hereinafter referred to as "former project operator") may propose to formulate a management plan: <Amended on Aug. 28, 2015> |
| 1. | Matters concerning basic direction-setting for managing the special management area; |
| 2. | Matters concerning a plan for accommodating population and housing; |
| 3. | Matters concerning rearranging settlements, such as urban development projects under the Urban Development Act; |
| 5. | Other matters that the Minister of Land, Infrastructure and Transport deems necessary for the management. |
| (3) | If the Minister of Land, Infrastructure and Transport intends to cancel the designation of a development restriction zone maintained pursuant to paragraph (2) 4, among the matters specified in a management plan, he or she shall refer the issue to the Central Urban Planning Commission established under Article 106 of the National Land Planning and Utilization Act for deliberation. |
| (4) | Upon formulating a management plan, the Minister of Land, Infrastructure and Transport shall send related documents to the relevant Mayor/Do Governor and the head of the relevant Si/Gun/Gu; and the head of the Si/Gun/Gu, in receipt of the related documents, shall publicly announce them to make them available to the general public for inspection. In such cases, the head of the relevant local government shall modify an urban or Gun master plan in accordance with Article 18 of the National Land Planning and Utilization Act by reflecting the management plan. |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 6-3 (Management of Special Management Areas) |
| (1) | Constructing buildings and changing their uses; installing structures; changing the form and quality of land; felling bamboo and trees; subdividing land; and stockpiling articles shall be prohibited within a special management zone: Provided, That only such activities prescribed by Presidential Decree may be conducted upon permission from the head of the competent Si/Gun/Gu, within the range that conforms to the purport of the special management area; the same shall also apply to the modification of the permitted matters. |
| (2) | Article 11 (2) through (6) shall apply mutatis mutandis to matters concerning the restrictions on activities other than those prescribed in paragraph (1). In such cases, "housing zone" shall be construed as "special management area". |
| (3) | Notwithstanding paragraph (1), the Minister of Land, Infrastructure and Transport, the head of a related central administrative agency, or the head of a local government (hereafter in this Article and Article 6-4, referred to as the "head of the relevant agency") may make or grant designation, approval, permission, authorization, etc. (hereafter in this Article and Article 6-4, referred to as "designation, etc.") for any development project prescribed by Presidential Decree within a special management area. |
| (4) | In making designation, etc. pursuant to paragraph (3), the head of the relevant agency shall have prior a consultation with the Minister of Land, Infrastructure and Transport. |
| (5) | Where a special management area is designated, the State or a local government may provide administrative and financial support for the following. In such cases, the Minister of Land, Infrastructure and Transport may require the former project operator referred to in Article 4 to be responsible for all or some of the support specified below: <Amended on Aug. 28, 2015> |
| 1. | Formulating, etc. a plan for rearrangement of settlements; |
| 2. | Promptly executing infrastructure projects, the promotion of which has been suspended due to the designation of a housing zone; |
| 3. | Canceling the designation of a development restriction zone maintained pursuant to Article 6-2 (5); |
| 4. | Developing industrial sites for programmatic relocation, maintenance and development of factories, manufacturing companies, etc. (including facilities related to animals and plants which are used by factories, manufacturing companies, etc. as at the time the special management area is designated) within the special management area and the former housing zones; |
| 5. | Other projects promoted by a local government to improve residential environment for settlements (limited to settlements for which no plan for rearrangement under subparagraph 1 is formulated). |
| (6) | Where a former project operator implements a rearrangement project for a settlement district through an urban development project using the replotting method referred to in the Urban Development Act in accordance with a plan under paragraph (5) 1, a person designating an urban development zone pursuant to Article 3 of the aforesaid Act shall, if requested by the head of the relevant local government, obtain consent from the landowners who own land equivalent to at least 1/2 of the whole land located in the area to which the replotting method applies and consent from at least 1/2 of all landowners in such area, notwithstanding Article 4 (4) of that Act. In such cases, the methods for calculating the number of consenting persons and consenting procedures shall be governed by the Urban Development Act. <Newly Inserted on Aug. 9, 2017> |
| (8) | A Mayor/Do Governor and the head of a Si/Gun/Gu may establish and operate a support center for special management areas (hereinafter referred to as "support center") to support the management and programmatic development of special management areas. In such cases, matters necessary for organizing, operating, etc. a support center shall be prescribed by ordinance of the relevant local government. <Amended on Aug. 9, 2017> |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 6-4 (Canceling Designation of Special Management Areas) |
| (1) | Where the period for designating a special management area under Article 6-2 (1) expires; or where the head of the relevant agency formulates an urban or Gun management plan by making designation, etc. for the whole or part of a special management area pursuant to Article 6-3 (3) (including where such plan is deemed formulated), the designation of the relevant area as a special management area shall be deemed canceled. |
| (2) | Upon expiry of the period of designation of a special management area, the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, or Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu shall formulate an urban or Gun management plan without delay: Provided, That if requested by the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, or Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu, an urban or Gun management plan may be formulated directly by the Minister of Land, Infrastructure and Transport, notwithstanding Article 24 (5) of the National Land Planning and Utilization Act. |
| (3) | Article 6-3 (1) and (2) shall apply mutatis mutandis to restrictions on activities in the relevant area until an urban or Gun management plan referred to in paragraph (2) is formulated. |
| (4) | When the relevant project is revoked or designation, etc. is canceled after the cancellation of the designation of a special management area due to any designation, etc. under Article 6-3 (3), the Minister of Land, Infrastructure and Transport may re-designate the relevant area as a special management area. |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 6-5 (Measures for Buildings in Special Management Areas) |
| (1) | The head of a Si/Gun/Gu may issue an order for necessary measures (hereinafter referred to as "corrective order"), fixing a period, in accordance with the relevant statutes to remove, restore, or restrict the use of any building constructed or the use of which has been changed, any structure installed, any article stockpiled, or land, the form and quality of which have been changed, etc. (hereinafter referred to as "building, etc.") since before a special management area is designated pursuant to Article 6-2 without obtaining legitimate permission or undergoing lawful procedures, such as reporting, under this Act or the Act on Special Measures for Designation and Management of Development Restriction Zones. |
[This Article Wholly Amended on Dec. 2, 2016]
| Article 7 (Designation of Housing Zones within Residential Areas) |
| (1) | When the Minister of Land, Infrastructure and Transport designates a housing area of a size equal to, or smaller than, the size specified by Presidential Decree within a residential area defined in Article 36 (1) 1 (a) of the National Land Planning and Utilization Act (hereinafter referred to as "residential area") or alters the designation of such housing zone, he or she need not submit the case to the central urban planning commission for deliberation under Article 6 (3). <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (2) | When making a proposal to designate a housing zone or to alter the designation of a housing zone pursuant to paragraph (1), a public housing project operator shall include the matters specified by Presidential Decree, such as a land use plan, in the proposal. <Amended on Aug. 28, 2015> |
| (3) | Where the Minister of Land, Infrastructure and Transport designates a residential zone not exceeding the size prescribed by Presidential Decree in an area other than a residential area or alters such designation, he or she may simultaneously approve a housing zone development plan pursuant to Article 17. In such cases, when a public housing project operator proposes to designate a housing zone pursuant to Article 6 (2) or alter such designation, he or she may include an application for approval of a housing zone development plan under Article 16 in the proposal. <Newly Inserted on Aug. 28, 2015> |
| (4) | Where the Integrated Commission for Deliberation on Public Housing Projects has deliberated under Article 33 for designating a housing zone under paragraph (3) in an urban area prescribed by Presidential Decree or altering such designation, the deliberation thereon by the central urban planning commission under Article 6 (3) may be omitted. <Newly Inserted on Aug. 28, 2015> |
[Title Amended on Aug. 28, 2015]
| Article 7-2 (Rearrangement of Neighboring Areas of Housing Zones) |
| (1) | When the head of the competent local government designates a small-scale housing zone or alters such designation pursuant to Article 7, or approves a plan for a public housing construction project, or alters such approval thereof pursuant to Article 35, he or she may formulate and propose a plan for the rearrangement of its neighboring areas, including rearrangement of roads and installation of convenience facilities, to improve the residential environment for the areas neighboring the housing zone. In such cases, a public housing project operator may assist the competent local government in formulating such plan. <Amended on Oct. 24, 2017> |
| (2) | The Minister of Land, Infrastructure and Transport may preferentially designate a residential zone proposed together with a plan for rearrangement of its neighboring areas or preferentially approve a plan for a public housing construction project pursuant to paragraph (1). In such cases, the Minister of Land, Infrastructure and Transport shall have a prior consultation with the head of a related central administrative agency and the head of a local government responsible for the projects included in the plan for the rearrangement of neighboring areas. <Amended on Oct. 24, 2017> |
| (3) | When a residential zone is designated or a plan for a public housing construction project is approved pursuant to paragraph (2), the head of a related central administrative agency and the head of a local government responsible for the projects included in the plan for the rearrangement of neighboring areas formulated under paragraph (1) shall preferentially reflect the projects referred to in paragraph (1) when formulating plans for related projects or select projects eligible for support or promotion. <Amended on Oct. 24, 2017> |
| (4) | Necessary matters under paragraphs (1) through (3), such as the methods for formulating a plan for the rearrangement of neighboring areas, shall be determined by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 8 (Consultations with Relevant Agencies for Designation of Housing Zones) |
| (1) | When the Minister of Land, Infrastructure and Transport intends to designate a housing zone or alter such designation, he or she shall consult with the heads of competent central administrative agencies, such as the Minister of National Defense and the Minister of Agriculture, Food and Rural Affairs, and the competent Mayor/Do Governor with regard to the bill for the designation of a housing zone or for the alteration of such designation, including matters specified by Presidential Decree, such as the overview of the zone, the purposes of designation, and a plan for accommodating population, before gathering consensus from residents and others pursuant to Article 10 (1): Provided, That the same shall not apply to any modification to insignificant matters specified by Presidential Decree. <Amended on Mar. 23, 2013; Apr. 30, 2019> |
| (2) | No period for consultations under paragraph (1) shall exceed 20 days, but such period may be extended on only one occasion, by up to 10 days, if the head of a competent central administrative agency or the competent Mayor/Do Governor makes a request to do so or the Minister of Land, Infrastructure and Transport deems it necessary to do so: Provided, That consultations shall be deemed held if such consultations are not completed within a period set for consultations. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport holds a consultation pursuant to paragraph (1), he or she shall do so separately. In such cases, a period for such consultations shall not exceed 30 days: <Amended on Jul. 21, 2011; Mar. 23, 2013; Oct. 24, 2017> |
| (4) | If an area that the Minister of Land, Infrastructure and Transport intends to designate as a housing zone is at least equal to the area prescribed by Presidential Decree, and if it is deemed necessary to submit the case to the State Council for deliberation to stabilize citizens' dwelling conditions and improve their residential standards, the Minister may submit the case to the State Council for deliberation, subject to consultations under paragraph (1), and determine whether to designate the area as a housing zone after deliberation by the Council. <Amended on Mar. 23, 2013; Apr. 30, 2019> |
[Title Amended on Apr. 30, 2019]
| Article 8 (Consultations with Relevant Agencies for Designation of Housing Zones) |
| (1) | When the Minister of Land, Infrastructure and Transport intends to designate a housing zone or alter such designation, he or she shall consult with the heads of competent central administrative agencies, such as the Minister of National Defense and the Minister of Agriculture, Food and Rural Affairs, and the competent Mayor/Do Governor with regard to the bill for the designation of a housing zone or for the alteration of such designation, including matters specified by Presidential Decree, such as the overview of the zone, the purposes of designation, and a plan for accommodating population, before gathering consensus from residents and others pursuant to Article 10 (1): Provided, That the same shall not apply to any modification to insignificant matters specified by Presidential Decree. <Amended on Mar. 23, 2013; Apr. 30, 2019> |
| (2) | No period for consultations under paragraph (1) shall exceed 20 days, but such period may be extended on only one occasion, by up to 10 days, if the head of a competent central administrative agency or the competent Mayor/Do Governor makes a request to do so or the Minister of Land, Infrastructure and Transport deems it necessary to do so: Provided, That consultations shall be deemed held if such consultations are not completed within a period set for consultations. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall formulate a plan for taking measures reflecting the details of consultations with the heads of related central administrative agencies and the competent Mayor/Do Governor pursuant to paragraph (1), and shall faithfully implement such plan. <Newly Inserted on May 18, 2021> |
| (4) | Where the Minister of Land, Infrastructure and Transport holds a consultation pursuant to paragraph (1), he or she shall do so separately. In such cases, a period for such consultations shall not exceed 30 days:<Amended on Jul. 21, 2011; Mar. 23, 2013; Oct. 24, 2017; May 18, 2021> |
| (5) | If an area that the Minister of Land, Infrastructure and Transport intends to designate as a housing zone is at least equal to the area prescribed by Presidential Decree, and if it is deemed necessary to submit such issue to the State Council for deliberation to stabilize citizens' dwelling conditions and to improve their residential standards, the Minister may submit the issue to the State Council for deliberation, subject to consultations under paragraph (1) to determine whether to designate the area as a housing zone after deliberation by the Council. <Amended on Mar. 23, 2013; Apr. 30, 2019; May 18, 2021> |
[Title Amended on Apr. 30, 2019]
[Enforcement Date: Nov. 19, 2021] Article 8 (3)
| Article 9 (Measures for Prevention of Speculation in Real Estate and Security Management) |
| (1) | The Minister of Land, Infrastructure and Transport, a public housing project operator who has proposed or intends to propose the designation of a housing zone pursuant to Article 6 (2), the heads of related central administrative agencies that are relevant agencies for consultations, and the competent Mayor/Do Governor shall take measures necessary for preventing any related information from being divulged in the course of conducting surveys for the designation of a housing zone, preparing related documents, holding prior consultations or consultations with relevant agencies, and undergoing deliberation by the State Council, before giving public notice to gather consensus from residents and others pursuant to Article 10: Provided, That where the Minister of Land, Infrastructure and Transport deems it necessary to implement a public housing project under Article 40-2 (1), he or she may disclose the relevant information beforehand. <Amended on Mar. 23, 2013; Jan. 14, 2014; Apr. 30, 2019> |
| (2) | No current or former employee of any of the following agencies or companies shall use undisclosed information regarding the designation of a housing zone or regarding proposal for the designation of a housing zone he or she has learned in the coursing of handling business affairs (referring to information that may have a significant impact on determination as to whether to acquire assets or property gains before disclosure to a number of unspecified persons; hereafter in this Article and Article 57 the same shall apply) for any purpose other than for sale of real estate, etc. or other transactions; or provide or divulge such information to others: <Newly Inserted on Apr. 30, 2019; Apr. 1, 2021> |
| 1. | Vice Minister I of Land, Infrastructure and Transportation; |
| 2. | A public housing project operator under Article 4 (1); |
| 3. | A related central administrative agency, the competent local government, a local government-invested public corporation, or any other relevant agency to be consulted with under Article 6 (5) or 8 (1); |
| 4. | A company with which a public housing project operator has entered into a service contract to conduct inspections or prepare relevant documents necessary for proposing the designation of a housing zone or for designating a housing zone under Article 6 (2) and (6). |
| (3) | If the Minister of Land, Infrastructure and Transport deems that speculation in real estate prevails or is likely to prevail in an area he or she intends to designate as a housing zone or special management area or its neighboring areas, he or she shall establish countermeasures for preventing speculation, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jan. 20, 2015; Apr. 30, 2019> |
| (4) | A person supplied with undisclosed information regarding the designation of a housing zone or regarding proposal for the designation of a housing zone from a current or former employee of the agencies or companies falling under any subparagraph of paragraph (2) or a person who obtains undisclosed information by wrongful means shall not use such information for purchase or sale of real estate, etc. or other transactions or provide or divulge such information to others: <Newly Inserted on Apr. 1, 2021> |
| (5) | The Minister of Land, Infrastructure and Transport shall conduct a regular investigation of the offenses prescribed in paragraph (2) or (4) every year; and may occasionally conduct fact-finding surveys, if necessary. <Newly Inserted on Apr. 1, 2021> |
| (6) | The Minister of Land, Infrastructure and Transport may request the institutions or enterprises under the subparagraphs of paragraph (2) to submit necessary documents, etc. for regular investigations and fact-finding surveys under paragraph (5), and may require public officials under his or her jurisdiction to enter the relevant institutions or enterprises to conduct investigations or ask relevant persons necessary questions. In such cases, a person requested to submit documents, etc., or to be subject to investigation following entry by, or to answer necessary questions from the relevant institution or enterprise shall comply with such request unless there is good cause. <Newly Inserted on Apr. 1, 2021> |
| (7) | The Minister of Health and Welfare may, where necessary to conduct the regular investigation and fact-finding survey under paragraph (5), request the head of a relevant central administrative agency, the head of a relevant local government, the head of a relevant public institution prescribed in the Act on the Management of Public Institutions, and the heads of other relevant corporations, or organizations to submit necessary materials or to present their opinions. In such cases, the head of a central administrative agency, etc. shall comply with such request unless there is a compelling reason not to do so.<Newly Inserted on Apr. 1, 2021> |
| (8) | The Minister of Land, Infrastructure and Transport shall notify the public service ethics committee under Article 9 of the Public Service Ethics Act of the results of a regular investigation and fact-finding survey under paragraph (5), and where he or she identifies any violation under paragraph (2) or (4), he or she may file a criminal complaint with an investigative agency or take other measures necessary for improving security control. <Newly Inserted on Apr. 1, 2021> |
| (9) | Matters necessary for the procedures, methods, etc. of conducting regular investigations and fact-finding surveys under paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted on Apr. 1, 2021> |
| Article 10 (Gathering Consensus from Residents) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to designate a housing zone or alter such designation or to designate a special management area, he or she shall give public notice to gather consensus from residents, relevant experts, and other interested parties: Provided, That the same shall not apply where confidentiality is required for national defense purposes or to any modification to insignificant matters specified by Presidential Decree. <Amended on Mar. 23, 2013; Jun. 9, 2020; Dec. 22, 2020> |
| (2) | Matters necessary for gathering consensus from residents, relevant experts, and other interested parties under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 11 (Restrictions on Activities) |
| (1) | Any person who intends to engage in any activity specified by Presidential Decree, such as erecting a building; installing a structure; altering the form or quality of a parcel of land; collecting soil or rocks; partitioning or merging parcels of land; storing goods; and cutting or planting bamboo or trees, within an area for which public notice has been given to gather consensus from residents and others with regard to the designation of a housing zone or the alteration of such designation or within a housing zone under Article 10 (1) shall obtain permission therefor from the head of a Si (referring to the relevant Special Self-Governing Province Governor if the area or zone is within a Special Self-Governing Province; hereinafter the same shall apply), Gun, or Gu (referring to an autonomous Gu; hereinafter the same shall apply). The same shall apply to any modification to the matters permitted. |
| (2) | Permission is not required for any of the following, notwithstanding paragraph (1): |
| 1. | Activities conducted for emergency measures required for recovery from or control of a disaster; |
| 2. | Other activities specified by Presidential Decree. |
| (3) | Any person who has already begun any construction work or project based on permission for such activity, which requires permission pursuant to paragraph (1), or without permission because such activity does not require permission, before a housing zone is designated and the designation is publicly announced, may continue such work or project after filing a report thereon with the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (4) | The head of a Si/Gun/Gu may issue an order to restore to original state to a person who violates paragraph (1). In such cases, if a person to whom such order has been issued fails to perform his or her obligations, the head of a Si/Gun/Gu may perform the obligations vicariously on behalf of such person pursuant to the Administrative Vicarious Execution Act. |
| Article 12 (Public Notice of Designation of Housing Zones) |
| (1) | When the Minister of Land, Infrastructure and Transport intends to designate a housing zone or alter or cancel such designation, he or she shall give public notice of such important matters as the location and area of the housing zone, the public housing project operator, the type of project, and a detailed list of parcels of land, goods, and rights (hereinafter referred to as "land, etc.") specified by Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects to be expropriated or used for the project, in the Official Gazette, as prescribed by Presidential Decree, and shall forward copies of relevant documents to the head of the competent Si/Gun/Gu. In such cases, public notice of topographical drawings shall be given in accordance with Article 8 of the Framework Act on the Regulation of Land Use. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (2) | When the Minister of Land, Infrastructure and Transport intends to designate a special management area, or alter or cancel such designation, he or she shall give public notice of such important matters as the location, area, etc. of the special management area in the official Gazette, as prescribed by Presidential Decree, and shall forward copies of the relevant documents to the head of the competent Si/Gun/Gu. In such cases, public notice of topographical drawings shall be given in accordance with Article 8 of the Framework Act on the Regulation of Land Use. <Newly Inserted on Jan. 20, 2015> |
| (3) | Upon receipt of the copies of relevant documents pursuant to paragraph (1) or (2), the head of a Si/Gun/Gu shall make them available to the general public for inspection. <Amended on Jan. 20, 2015> |
| (4) | When the Minister of Land, Infrastructure and Transport gives public notice on the designation of a housing zone or the alteration or cancellation of such designation pursuant to paragraph (1), it shall be deemed that a specific use zone as an urban area under Article 36 of the National Land Planning and Utilization Act, urban or Gun planning facilities determined under Article 43 of the aforesaid Act, and district-unit planning zones under Article 51 (1) of the aforesaid Act shall be deemed designated or altered; and when he or she gives public notice of the cancellation of designation of a housing zone, they shall be deemed reinstated to the status held as at the time the designation was made: Provided, That in the case of urban or Gun planning facilities separately specified in public notice on the cancellation of the designation, such as facilities for which projects or construction has already commenced as at the time of cancellation, the relevant projects or construction may continue. <Amended on Jan. 20, 2015; Aug. 28, 2015> |
| Article 13 (Special Cases concerning Application of the National Land Planning and Utilization Act) |
When the Minister of Land, Infrastructure and Transport has given public notice of the designation of a housing zone or the alteration or cancellation of such designation, it shall be deemed that the formulation or modification of a basic urban or Gun plan has been determined or approval thereof has been obtained from the competent Do Governor (applicable only to cases in which the Minister of Land, Infrastructure and Transport has held consultations on the modification of the draft basic urban or Gun plan for an area, other than the housing zone, which was submitted by a public housing project operator, with the head of a relevant central administrative agency and the competent Mayor/Do Governor and has undergone deliberation by the Central Urban Planning Commission established under Article 106 of the National Land Planning and Utilization Act, and cases in which it has undergone deliberation by the State Council under Article 8 (5) shall be excluded herefrom), pursuant to Articles 18, 22, and 22-2 of the National Land Planning and Utilization Act. <Amended on Apr. 5, 2010; Apr. 14, 2011; Mar. 23, 2013; Aug. 28, 2015; May 18, 2021>
| Article 14 (Special Cases concerning Application of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin) |
Whenever the Minister of Land, Infrastructure and Transport gives public notice of the designation of a housing zone or alteration of such designation, the head of the competent local government shall reflect it in the basic plans and implementation plans for the control of total water pollution load established under Articles 8-2 and 8-3 of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin; and Articles 10 and 11 of the Act on Water Management and Resident Support in the Geum River Basin, of the Act on Water Management and Resident Support in the Nakdong River Basin, and of the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins. <Amended on May 31, 2010; Mar. 23, 2013>
CHAPTER III DEVELOPMENT OF PUBLIC HOUSING ZONES
| Article 15 (Preferential Designation of Public Housing Project Operators) |
| (1) | The Minister of Land, Infrastructure and Transport may preferentially designate any person who has made a proposal to designate a housing zone pursuant to Article 6 (2) as a public housing project operator for the zone among others. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (2) | If any public housing project operator fails to commence a housing zone development project within two years after obtaining approval of a plan for developing a public housing zone in accordance with Article 17 (1) (hereinafter referred to as "housing zone development plan") or if any public housing project operator fails to complete a housing zone development project or it is anticipated that a public housing project operator is unable to complete a housing zone development project within a period set in the housing zone development plan, the Minister of Land, Infrastructure and Transport may designate another person as a public housing project operator and order the person to conduct the housing development project. <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015> |
[Title Amended on Aug. 28, 2015]
| Article 16 (Application for Approval for Housing Zone Development Plans) |
| (1) | Each public housing project operator shall formulate a housing zone development plan within one year from the date the designation of the housing zone is publicly notified and shall file an application for approval thereof with the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (2) | If a public housing project operator fails to file an application for approval within a period set in paragraph (1), the Minister of Land, Infrastructure and Transport may designate another person as a public housing project operator and order the person to prepare a housing zone development plan to file an application therefor. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (3) | The procedures and documents required for filing an application for approval of a housing zone development plan, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 17 (Approval of Housing Zone Development Plans) |
| (1) | Each public housing project operator shall prepare a public housing zone development plan, which includes the following, and obtain approval from the Minister of Land, Infrastructure and Transport. The same shall apply to any amendment to a housing zone development plan approved: Provided, That the same shall not apply to the designation of a housing zone within a residential area pursuant to Article 7 (1) or alteration of such designation and any modification to insignificant matters specified by Presidential Decree: <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015> |
| 1. | Overview of a housing zone development plan; |
| 3. | A plan for accommodating the relevant population and the expropriation of residential houses; |
| 4. | A plan to construct infrastructure, including facilities for traffic, public interests, and cultural activities and sports; |
| 5. | An environmental plan, including environmental conservation and reduction of carbon emissions; |
| 6. | A plan for supplying developed land; |
| 7. | Other matters prescribed by Presidential Decree. |
| (2) | When the Minister of Land, Infrastructure and Transport intends to approve a housing zone development plan pursuant to paragraph (1), he or she shall submit the case to the Integrated Commission for Deliberation on Public Housing Projects referred to in Article 33: Provided, That the same shall not apply in cases prescribed by Presidential Decree, such as the cases where any modification (excluding modifications subject to examination or deliberation by a commission which falls under any of subparagraphs 2 through 7 of Article 34 (3)) is made to a housing zone development plan or a request is received from a public housing project operator. <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015> |
| (3) | When the Minister of Land, Infrastructure and Transport approves a housing zone development plan pursuant to paragraph (1), he or she shall give public notice thereof, as prescribed by Presidential Decree, and forward the copies of relevant documents to the head of the competent Si/Gun/Gu. <Amended on Mar. 23, 2013> |
| (4) | Upon receipt of the copies of the relevant documents in accordance with paragraph (3), the head of a Si/Gun/Gu shall make them available to the general public for inspection. |
| (5) | Upon receipt of the copies of the relevant documents in accordance with paragraph (3), the head of a Si/Gun/Gu shall take measures necessary for preparing topographic drawings in accordance with Article 32 of the National Land Planning and Utilization Act and Article 8 of the Framework Act on the Regulation of Land Use, if the documents contain any matter subject to a decision on an urban or Gun management plan. In such cases, the relevant public housing project operator shall submit documents necessary for giving public notice of topographic drawings to the head of the competent Si/Gun/Gu. <Amended on Apr. 14, 2011; Aug. 28, 2015> |
| Article 18 (Authorization and Permission Deemed Granted under Other Statutes) |
| (1) | Approval granted for a housing zone development project pursuant to Article 17 or approval granted for any amendment to such plan shall be deemed approval, permission, authorization, decision, reporting, designation, licenses, consultation, consent, cancellation, and deliberation (hereinafter referred to as "authorization, permission, etc.") granted, made, or completed pursuant to the following, and public notice given with regard to approval of a housing zone development plan shall be deemed public notice or public announcement regarding authorization, permission, etc., granted, made, or completed pursuant to the following statutes: <Amended on Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Jan. 14, 2014; Jun. 3, 2014; Jan. 19, 2016; Dec. 27, 2016; Jan. 17, 2017; Oct. 24, 2017; Mar. 13, 2018; Jan. 29, 2020; Mar. 31, 2020; Dec. 22, 2020> |
| 4. | Deleted; <Apr. 15, 2010> |
| 30-2. | Approval of implementation plans for each railroad construction project under Article 9 of the Act on Railroad Construction and Railroad Facilities Management; |
| 37. | Permission for a contract of land transaction under Article 11 of the Act on Report on Real Estate Transactions, Etc. |
| (2) | Whenever the Minister of Land, Infrastructure and Transport intends to approve a housing zone development plan that includes a matter specified in any subparagraph of paragraph (1), he or she shall have a consultation with the head of the competent administrative agency on such plan along with the relevant documents submitted by the public housing projects operator. In such cases, the head of the competent administrative agency shall present his or her opinion within 30 days from receipt of a request for such consultation; but if he or she fails to present an opinion within such period, it shall be deemed that he or she has no objection thereto. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (3) | Where it is deemed that authorization, permission, etc. under any other statute has been granted, made, or completed pursuant to paragraph (1), the license tax, fee, rent, and similar imposed pursuant to the relevant statute shall be exempted. |
| Article 19 (Special Cases concerning Application of Mountainous Districts Management Act) |
| Article 20 (Special Cases concerning Application of the Water Supply and Waterworks Installation Act) |
When a housing zone development plan is approved pursuant to Article 17, the Minister of Land, Infrastructure and Transport and the Special Metropolitan City Mayor, the competent Metropolitan City Mayor, or the head of a competent Si/Gun (excluding the head of a Gun within a Metropolitan City; hereafter the same shall apply in this Article and Article 21) shall reflect it in the basic plan for the installation and management of waterworks under Article 4 of the Water Supply and Waterworks Installation Act preferentially among others. In such cases, the Minister of Environment shall approve a basic plan for the installation and management of waterworks within 30 days from the receipt of an application for approval for the basic plan for installing and managing waterworks from the Special Metropolitan City Mayor, the competent Metropolitan City Mayor, or the head of the competent Si/Gun, except in extenuating circumstances. <Amended by Mar. 23, 2013; Jun. 29, 2020>
| Article 21 (Special Cases concerning Application of the Sewerage Act) |
When a housing zone development plan is approved pursuant to Article 17, the Special Metropolitan City Mayor, the competent Metropolitan City Mayor, or the head of the competent Si/Gun shall reflect it in the basic plan for the maintenance of sewerage under Articles 5 and 6 of the Sewerage Act. In such cases, the Minister of Environment shall approve a basic plan for the maintenance of sewerage within 40 days from the receipt of an application for approval of the basic plan for the maintenance of sewerage from the Special Metropolitan City Mayor, the competent Metropolitan City Mayor, or the head of the competent Si/Gun, except in extenuating circumstances. <Amended on Jun. 9, 2020>
| Article 22 (Special Cases concerning Application of the Act on Special Measures for Designation and Management of Development Restriction Zones) |
| (2) | When designating a housing zone under paragraph (1), the Minister of Land, Infrastructure and Transport shall designate an area specified by Presidential Decree, from among development-restricted areas less worthy of conservation than others, as such housing zone. <Amended on Mar. 23, 2013> |
| (3) | When designating a housing zone under paragraph (1), the Minister of Land, Infrastructure and Transport may formulate special guidelines for the floor area ratio, the height of buildings, and other matters in detail, subject to prior consultations with the Minister of Environment. <Amended on Mar. 23, 2013> |
| Article 23 (Special Cases concerning Application of the Environmental Impact Assessment Act) |
| (1) | Notwithstanding Article 29 of the Environmental Impact Assessment Act, the head of an administrative agency, in receipt of a request for consultations about an assessment report on a housing zone development project, shall notify the Minister of Land, Infrastructure and Transport of his or her opinion on the consultation on the assessment within 45 days from the receipt of such request. In such cases, if any ground requires the supplementation or adjustment of the environmental impact assessment report pursuant to Article 28 (3) of the Environmental Impact Assessment Act, the head of the consulting agency may request, on only one occasion, the Minister of Land, Infrastructure and Transport or the relevant public housing project operator to supplement related documents, but a period for supplementing related documents by the Minister of Land, Infrastructure and Transport or the relevant public housing project operator shall not be included in the period set for consultation. <Amended on Jul. 21, 2011; Mar. 23, 2013; Aug. 28, 2015> |
| (2) | When the Minister of Land, Infrastructure and Transport conducts an environmental impact assessment under the Environmental Impact Assessment Act, he or she may consult with the head of the competent consulting agency to agree to conduct environmental impact assessments on the relevant housing zone, etc. on up to two occasions a year. <Amended on Mar. 23, 2013> |
| Article 24 (Special Cases concerning Application of the Special Act on the Management of Metropolitan Transport in Metropolitan Areas) |
| (1) | If a housing zone that was designated or the designation of which was altered pursuant to Article 6 falls under a large development project referred to in Article 7-2 (1) of the Special Act on the Management of Metropolitan Transport in Metropolitan Areas, the Minister of Land, Infrastructure and Transport may establish measures for improving metropolitan transport, notwithstanding Article 7-2 (1) of the aforesaid Act. In such cases, the Minister of Land, Infrastructure and Transport may require the public housing project operator involved to state his or her opinion on the formulation of measures for improving metropolitan transport. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (2) | When the Minister of Land, Infrastructure and Transport formulates measures for improving metropolitan transport pursuant to paragraph (1), he or she shall hear from the competent Mayor/Do Governor; finalize the measures before the housing zone development plan under Article 17 is approved, notwithstanding Article 7-2 (3) of the Special Act on the Management of Metropolitan Transport in Metropolitan Areas; and notify the competent Mayor/Do Governor thereof. <Amended on Mar. 23, 2013> |
| (3) | The competent Mayor/Do Governor shall state his or her opinion within 30 days after receipt of a request to state his or her opinion pursuant to paragraph (2); but if he or she fails to do so within such period, it shall be deemed that he or she has no objection thereto. |
| Article 24-2 (Special Cases concerning Application of the Seoul Metropolitan Area Readjustment Planning Act) |
| (2) | Matters necessary for designating, developing, and supplying an industrial area under paragraph (1) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Jan. 14, 2014> |
[This Article Newly Inserted on May 19, 2011]
| Article 25 (Establishment of and Support for Arterial Facilities) |
| (1) | Article 28 of the Housing Act shall apply mutatis mutandis to the establishment of appropriate arterial facilities and the repayment of establishment costs when a housing zone development project is executed. In such cases, a person who installs arterial facilities shall install arterial facilities necessary for public housing projects in preference to any other housing construction project or site development project. <Amended on Aug. 28, 2015; Jan. 19, 2016> |
| (2) | To efficiently execute a public housing project, the State or a local government may directly establish facilities prescribed by Presidential Decree, such as roads, railroads, and parks, or may grant a person who establishes such facilities a subsidy to help cover the associated costs. <Amended on Jan. 20, 2015; Aug. 28, 2015> |
| (3) | The eligibility for, and the extent of, the subsidization for facilities under paragraph (2) and other relevant matters shall be prescribed by Presidential Decree. |
| Article 26 (Access to Land) |
| (1) | If intending to conduct research or surveys in order to prepare a proposal for the designation of a housing zone or a housing zone development plan and if necessary for executing a housing zone development project, any person who has made a proposal to designate a housing zone or any public housing project operator may enter any third person's land or temporarily use any third person's land as a storage yard for materials, a path or a temporary road; and may alter or remove bamboo, trees, soil, rocks, and other obstacles. <Amended on Aug. 28, 2015> |
| Article 27 (Expropriation of Land) |
| (1) | Any public housing project operator may expropriate or use land, etc., if necessary for developing a housing zone or constructing public housing. <Amended on Aug. 28, 2015; Dec. 22, 2020> |
| (4) | The Central Land Tribunal has jurisdiction to adjudicate on the expropriation or use of land, etc. under paragraph (1). |
| (5) | If it is recognized that the price of any parcel of land that shall be acquired has changed due to public notice given to gather consensus from residents and others pursuant to Article 10 (1); or if a case meets the requirements prescribed by Presidential Decree, the land price officially announced at the time nearest to the date of public notice given to gather consensus from residents and others under Article 10 (1), among the officially announced land prices as on any date before the date of the public notice given to gather consensus from residents and others under Article 10 (1), officially announced as on the base date for pricing the parcels of land involved, shall be deemed the officially announced price under Article 70 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, notwithstanding Article 70 (3) through (5) of the aforesaid Act. |
| Article 27-2 (Retention of Buildings) |
| (1) | Where any existing buildings or other facilities within a housing zone satisfy the requirements prescribed by Presidential Decree as they are deemed not to impede a housing zone development project even if they are not relocated or removed, a public housing project operator may allow them to remain. |
| (2) | A public housing project operator may require the owners of facilities allowed to remain pursuant to paragraph (1) to bear part of the expenses necessary for the installation, etc. of roads, parks, water supply and drainage, and other public facilities prescribed by Presidential Decree. |
| (3) | The standards and methods for bearing expenses and other relevant matters under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 28 (Restrictions on Disposition of State-Owned or Public Land) |
| (1) | No parcel of land owned by the State or a local government and located within a housing zone shall be sold or otherwise transferred to a third party for any purpose other than the relevant housing zone development project, if the parcel of land is required for the project. |
| (2) | Any property owned by the State or a local government and located within a housing zone may be transferred to the public housing project operator under a negotiated contract, notwithstanding the State Property Act or the Public Property and Commodity Management Act. In such cases, the Minister of Land, Infrastructure and Transport shall have a prior consultation with the head of the competent administrative agency on the disuse and transfer of the property. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (3) | Upon receipt of a request for consultations under the latter part of paragraph (2), the head of the competent administrative agency shall take measures necessary for disusing or transferring the property, and for other matters, within 60 days from receipt thereof. |
| (4) | If it is not known which administrative agency is responsible for the management of any state property included in the property intended to be transferred to a public housing project operator pursuant to paragraph (2), the Minister of Economy and Finance shall take the responsibility for the management or disposal of such property, notwithstanding other statutes or regulations. <Amended on Aug. 28, 2015> |
| Article 29 (Attribution of Ownership of Public Facilities) |
| (1) | Where a public housing project operator has installed a new public facility under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act (excluding parking lots and playgrounds; hereafter in this Article the same shall apply) or any facility as a substitute for an existing public facility, the attribution of ownership of such facility shall be governed by Article 65 of the aforesaid Act. In such cases, "administrative agency" shall be construed as "public housing project operator." <Amended on Aug. 28, 2015; Jun. 9, 2020> |
| (2) | If it is not clearly known which administrative agency is responsible for the management of any property in applying the National Land Planning and Utilization Act pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall be deemed the responsible administrative agency if the property is a road, river, or ditch; while the Minister of Economy and Finance shall be deemed the responsible administrative agency if the property is any property other than a road, river, or ditch. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (3) | If a public housing project operator intends to install any substitute public facility or similar pursuant to paragraph (1), he or she shall clarify the details of the intended facility in the application filed for approval for a housing zone development plan under Article 16, as prescribed by Presidential Decree: Provided, That where a housing zone is designated within a residential area pursuant to Article 7, the details of such facility shall be clearly described in the application filed for approval for the relevant plan for the housing construction project in accordance with Article 35. <Amended on Aug. 28, 2015> |
| (4) | In registering public facilities and property under paragraph (1), a written approval of a housing zone development plan, a written approval of the plan for a housing construction project, or a written approval for the modification thereto, and a completion certificate may serve as a substitute for a document certifying a ground for registration under the Registration of Real Estate Act. <Amended on Jun. 9, 2020> |
| Article 29 (Attribution of Ownership of Public Facilities) |
| (1) | Where a public housing project operator has installed a new public facility under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act (excluding parking lots and playgrounds; hereafter in this Article the same shall apply) or any facility as a substitute for an existing public facility, the attribution of ownership of such facility shall be governed by Article 65 of the aforesaid Act. In such cases, "administrative agency" shall be construed as "public housing project operator." <Amended on Aug. 28, 2015; Jun. 9, 2020> |
| (2) | If it is not clearly known which administrative agency is responsible for the management of any property in applying the National Land Planning and Utilization Act pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall be deemed the responsible administrative agency if the property is a road or ditch; the Minister of Environment if the property is a river; and the Minister of Economy and Finance if the property is other than a road, river, or ditch. <Amended on Dec. 31, 2020> |
| (3) | If a public housing project operator intends to install any substitute public facility or similar pursuant to paragraph (1), he or she shall clarify the details of the intended facility in the application filed for approval for a housing zone development plan under Article 16, as prescribed by Presidential Decree: Provided, That where a housing zone is designated within a residential area pursuant to Article 7, the details of such facility shall be clearly described in the application filed for approval for the relevant plan for the housing construction project in accordance with Article 35. <Amended on Aug. 28, 2015> |
| (4) | For purposes of registering public facilities and property under paragraph (1), a written approval of a housing zone development plan, a written approval of the plan for a housing construction project, or a written approval for the modification thereto, and a completion certificate may serve as a substitute for a document certifying a ground for registration under the Registration of Real Estate Act. <Amended on Jun. 9, 2020> |
[Enforcement Date: Jan. 1, 2022] Article 29
| Article 30 (Reduction of or Exemption from Charges) |
With respect to the following charges otherwise imposable on a public housing project, reduction or exemption may be allowed under the relevant statutes or regulations: <Amended on Jan. 14, 2014>
| 3. | Metropolitan transport charges imposed under Article 11 of the Special Act on the Management of Intercity Transport in Metropolitan Areas; |
| Article 31 (Completion Inspection) |
| (1) | Upon completion of a housing zone development project, each public housing project operator shall undergo completion inspection without delay. <Amended on Aug. 28, 2015> |
| (2) | If the Minister of Land, Infrastructure and Transport recognizes that a housing zone development project has been completed in accordance with the relevant housing zone development plan, he or she shall issue a completion inspection certificate to the public housing project operator and give public notice thereof in the Official Gazette, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (3) | Each public housing project operator may file an application for completion inspection only for a part of a housing zone within a housing zone development plan, in order to efficiently execute the housing zone development project. <Amended on Aug. 28, 2015; Jun. 9, 2020> |
| Article 32 (Supply of Developed Land) |
| (1) | A person who intends to supply any land developed as a housing zone shall supply the same in accordance with the housing zone development plan. <Amended on Aug. 28, 2015> |
| (2) | The specific use of the land to be supplied pursuant to paragraph (1), procedures and methods for supplying such, persons eligible for the supply, and other conditions for the supply shall be prescribed by Presidential Decree. <Amended on Aug. 28, 2015> |
| (3) | When a public housing project operator supplies any land to be used as a construction site for national housing under the Housing Act, the price therefor may be determined at a level not exceeding its development cost. <Newly Inserted on Aug. 28, 2015> |
[Title Amended on Aug. 28, 2015]
| Article 32-2 (Disclosure of Development Cost for Developed Land) |
| (1) | A person who intends to supply any land pursuant to Article 32 shall publicly announce the associated development cost. In such cases, the development cost shall be comprised of the following items: |
| 6. | General administration expenses; |
| 7. | Other expenses prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Methods of computing the development cost under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 32-3 (Restrictions on Resale of Developed Land) |
| (1) | A person who concludes a supply contract of any land developed as a housing zone (hereinafter referred to as "person supplied with land") shall not resell the relevant land without using it for its intended purposes (including transfer of title, sale, purchase or all other conduct incidental to any changes in rights, but excluding conveyance by inheritance; hereinafter the same shall apply) until registration for transfer of ownership is completed, and no person shall have such land resold: Provided, That the same shall not apply in cases prescribed by Presidential Decree, such as the resale of a site for construction of housing supplied for the purpose of relocation. <Amended on Dec. 22, 2020> |
| (2) | A person selected as a person to be supplied with any developed land (hereinafter referred to as "person subject to the supply of land") shall not resell his or her right, qualification, status, etc. to be supplied with the relevant land, and no person shall have such land resold. <Newly Inserted on Dec. 22, 2020> |
| (3) | Where a person supplied with land resells the land in violation of paragraph (1), the relevant juristic act shall be nullified, and a public housing project operator (referring to the initial land supplier) shall revoke a contract for land supply already concluded. In such cases, the public housing project operator shall, without delay, pay the aggregate of the amounts excluding contract deposits specified in the relevant contract for land supply and interest thereon (referring to the interest calculated by applying the average interest rate on time deposits with the maturity of one year of a bank under the Banking Act), among the amounts paid by the person supplied with land. <Amended on Dec. 22, 2020> |
| (4) | Where a person subject to the supply of land resells his or her right, qualification, status, etc. to be supplied with land in violation of paragraph (2), the relevant juristic act and the right, qualification, status, etc. to be supplied with land shall be nullified. <Newly Inserted on Dec. 22, 2020> |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 32-4 (Advance Payment) |
| (1) | A public housing project operator may receive all or part of the price of land, in advance, from a person to whom title in the relevant land will be transferred. |
| (2) | A public housing project operator may issue a bond which will be redeemed with land (hereinafter referred to as "land redemption bond") to a person to whom title in the relevant land will be transferred. |
| (4) | A public housing project operator who intends to receive an advance payment or issue a land redemption bond under paragraph (1) or (2) shall obtain approval from the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Aug. 28, 2015]
CHAPTER IV INTEGRATED COMMISSION FOR DELIBERATION ON PUBLIC HOUSING PROJECTS
| Article 33 (Establishment of Integrated Committee for Deliberation on Public Housing Projects) |
| (1) | An integrated commission for deliberation on public housing projects (hereinafter referred to as the "Integrated Deliberative Commission") shall be established within the Ministry of Land, Infrastructure and Transport to deliberate on the following matters in connection with approval of housing zone development plans under Article 17 and project plans under Article 35 (hereinafter referred to as "related plans"), such as urban planning, architecture, environmental issues, traffic issues, and natural disasters: <Amended on Apr. 14, 2011; Mar. 23, 2013; Jan. 14, 2014; Jul. 24, 2015; Aug. 28, 2015; Oct. 24, 2017; Mar. 13, 2018; Jun. 9, 2020; Dec. 22, 2020> |
| 2. | Measures for improving metropolitan transport under the Special Act on the Management of Intercity Transport in Metropolitan Areas; |
| 8. | Railroad construction projects under the Act on Railroad Construction and Railroad Facilities Management; |
| 9. | Matters deliberated on by the central urban planning commission pursuant to Article 6 (3); |
| 10. | Other matters deemed necessary by the Minister of Land, Infrastructure and Transport and referred to the Integrated Deliberative Committee for deliberation. |
| (2) | A City/Do Public Housing Integrated Deliberative Commission may be established in each City/Do to examine and deliberate on matters subject to deliberation by the Integrated Deliberative Commission, which have been delegated to each Mayor/Do Governor pursuant to Article 53 (1) among matters under the jurisdiction of the Minister of Land, Infrastructure and Transport. In such cases, paragraphs (3) through (7) and (9) and Article 34 shall apply mutatis mutandis to the composition and organization of, and deliberation by, City/Do Public Housing Integrated Deliberative Commissions and other relevant matters. <Newly Inserted on Apr. 5, 2010; Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015; Dec. 22, 2020> |
| (3) | The Integrated Deliberative Commission shall be comprised of up to 33 members, including one chairperson and one vice-chairperson. <Amended on Apr. 5, 2010; Jan. 14, 2014; Dec. 22, 2020> |
| (4) | The following persons shall serve as the members of the Integrated Deliberative Commission, and its chairperson shall be elected by and from among its members who fall under subparagraph 2; while the chairperson may appoint a public official who is in service for the Ministry of Land, Infrastructure and Transport and who falls under subparagraph 1 as the vice-chairperson of the Commission, if necessary for efficient deliberation: <Amended on Apr. 5, 2010; Mar. 23, 2013; Jan. 14, 2014; Jul. 24, 2015; Aug. 28, 2015; Oct. 24, 2017; Dec. 22, 2020> |
| 1. | Heads of responsible departments in each competent central administrative agency and in each City/Do having jurisdiction over the area in which the relevant housing zone or public housing is located, who are public officials of the Senior Executive Service (referring to at least Grade III officials in cases of each City/Do), and public officials who are in charge of housing-related affairs in the Ministry of Land, Infrastructure and Transport and who are the members of the Senior Executive Service; |
| 2. | Persons commissioned by the Minister of Land, Infrastructure and Transport from among experts in the fields of urban planning, architecture, traffic, environment, or natural disasters, or other relevant area, who have extensive knowledge of and experience in developing housing sites and housing projects; |
| 3. | Persons recommended by the chairperson of the Central Construction Commission under the Building Act from among the members of the relevant commission; |
| 4. | One person recommended by the chairperson of the Central Urban Planning Committee under the National Land Planning and Utilization Act from among its members and persons recommended by the chairperson of a City/Do urban planning committee established in the City/Do in which the relevant housing zone or public housing is located, including at least one expert from each of urban planning, architectural planning and designing, and environment, from among the members of the relevant City/Do urban planning commission; |
| 5. | Persons recommended by the chairperson of the Committee for Intercity Transport in Metropolitan Areas under the Special Act on the Management of Intercity Transport in Metropolitan Areas, from among the members of the relevant Committee; |
| 6. | Persons recommended by the chairperson of the traffic impact assessment deliberation commission under the jurisdiction of the Ministry of Land, Infrastructure and Transport under the Urban Traffic Improvement Promotion Act, from among the members of the relevant traffic impact assessment deliberation commission; |
| 7. | Persons recommended by the chairperson of the commission for the management of a mountainous district, authorized pursuant to the Mountainous Districts Management Act, to deliberate on a plan for the use of the mountainous district within the relevant housing zone, from among the members of the relevant commission for the management of the mountainous district; |
| 8. | Persons recommended by the chairperson of the commission authorized to deliberate on a plan for the use of energy under the Energy Use Rationalization Act from among the members of the relevant commission; |
| 11. | Persons recommended by the chairperson of a City/Do Educational Environment Protection Committee under the Educational Environment Protection Act from among the members of the relevant Committee. |
| (5) | The Commission chairperson shall request the chairperson of each commission, to which each member specified in paragraph (4) 3 through 11 belongs, to recommend Commission members, and the chairperson of each commission so requested shall recommend Commission members within seven days after receipt of such request. <Amended on Apr. 5, 2010; Jan. 14, 2014> |
| (6) | A majority of the incumbent members of the Integrated Deliberative Commission shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present: Provided, That the incumbent members may be operated differently according to the following classification: <Amended on Apr. 5, 2010; Jan. 14, 2014; Aug. 28, 2015; Dec. 22, 2020> |
| 1. | In cases of deliberating on the modification of a housing zone development plan under Article 17 (2): The chairperson and members who are related to the modified matters of the housing zone development plan shall be deemed the incumbent members; |
| 2. | In cases of deliberating on a project plan under Article 35: The members prescribed in paragraph (4) 1 through 6 shall be deemed the incumbent members; |
| 3. | In cases of deliberating on a housing zone development plan not including railroad facilities: The members falling under paragraph (4) 10 shall not be included in the incumbent members. |
| (7) | The Integrated Deliberative Commission shall audio-record proceedings of each meeting and prepare minutes of meeting. <Amended on Apr. 5, 2010> |
| (8) | The members of the Integrated Deliberative Commission and a City/Do Public Housing Integrated Deliberative Commission who are not public officials shall be deemed public officials in applying Articles 127 and 129 through 132 of the Criminal Act. <Newly Inserted on Dec. 22, 2020> |
| (9) | Matters necessary for the organization and operation of the Integrated Deliberative Commission, such as the minimum quota for Commission members from each field specified in each subparagraph of paragraph (4) shall be prescribed by Presidential Decree. <Amended on Apr. 5, 2010; Dec. 22, 2020> |
[This Article Newly Inserted on Jan. 14, 2014]
| Article 34 (Procedures for Deliberation by Integrated Deliberative Commission) |
| (1) | Where a public housing project operator files an application for approval of a housing zone development plan pursuant to Article 16 (1), it shall attach documents related to the subparagraphs of Article 33 (1) thereto; and where it files an application for deliberation by the Integrated Deliberative Commission when a project plan is approved pursuant to Article 35 (1), it shall attach documents related to Article 33 (1) 1 through 4 and 10 thereto: Provided, That the Minister of Land, Infrastructure and Transport may, if necessary for efficiently processing approval of the related plans, determine a deadline for the submission thereof to require a public housing project operator to observe the deadline. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (2) | A public housing project operator may submit a final written opinion to the Integrated Deliberative Commission, and the Integrated Deliberative Commission shall comprehensively examine and deliberate on matters relevant to approving the related plans, the public housing project operator's final written opinion, written opinions from competent agencies, and other relevant data. In such cases, the Minister of Land, Infrastructure and Transport shall reflect the results of the deliberation in his or her approval of the related plans, except in extenuating circumstances. <Amended on Mar. 23, 2013; Aug. 28, 2015; Jun. 9, 2020> |
| (3) | Where an application has undergone examination and deliberation by the Integrated Deliberative Commission, it shall be deemed to have undergone examination and deliberation by the following commissions: <Amended on Jan. 14, 2014; Jul. 24, 2015; Aug. 28, 2015; Oct. 24, 2017; Dec. 22, 2020> |
| 2. | The Committee for Intercity Transport in Metropolitan Areas under the Special Act on the Management of Intercity Transport in Metropolitan Areas; |
CHAPTER V CONSTRUCTION OF PUBLIC HOUSING UNITS
| Article 35 (Approval of Housing Construction Project Plans) |
| (1) | Each public housing project operator shall prepare a plan for a public housing project (including a plan for the installation of ancillary facilities and welfare facilities) and obtain approval from the Minister of Land, Infrastructure and Transport. The same shall apply to any amendment to such project plan. <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015> |
| (2) | If the Minister of Land, Infrastructure and Transport concludes that it is unavoidable to build any homes other than public housing units (hereinafter referred to as "homes subject to private sale in units") to be built within a housing zone together with the public housing units simultaneously, he or she may receive another project plan for the construction of the homes subject to private sale in units directly from the project owner or through the public housing project operator under this Act to approve the plan, as well. The same shall apply to any amendment to such project plan. <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015> |
| (3) | Any public housing project operator may include a housing construction project plan in an application of approval for a housing zone development plan submitted in accordance with Article 16 (1). <Amended on Aug. 28, 2015> |
| (4) | When a public housing project operator obtains approval of a project plan pursuant to paragraph (1) or (2); it shall be deemed to have obtained or undergone the following authorization, permission, decision, deliberation, etc., and public notice given with regard to approval of a project plan shall be deemed public notice or public announcement given or made pursuant to the relevant statutes specified in the following: <Amended on Mar. 25, 2009; Jun. 9, 2009; Jan. 27, 2010; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Jan. 14, 2014; Jun. 3, 2014; Aug. 28, 2015; Jan. 19, 2016; Dec. 27, 2016; Mar. 13, 2018> |
| 18-2. | Approval of implementation plans for each railroad construction project under Article 9 of the Act on Railroad Construction and Railroad Facilities Management; |
| 20. | Examination for map production, etc. under Article 15 (3) of the Act on the Establishment and Management of Spatial Data; |
| 24. | Permission for a contract of land transaction under Article 11 of the Act on Report on Real Estate Transactions, Etc. |
| (5) | Whenever the Minister of Land, Infrastructure and Transport approves a project plan pursuant to paragraph (1) or (2), he or she shall give public notice of the details thereof and forward copies of the written approval of the project plan and relevant documents without delay to the competent Mayor/Do Governor. <Amended on Mar. 23, 2013> |
| (6) | When the Minister of Land, Infrastructure and Transport intends to approve, pursuant to paragraph (1) or (2), a project plan that includes a matter specified in any subparagraph of paragraph (4), he or she shall have a prior consultation with the head of the competent administrative agency. In such cases, the head of the competent administrative agency shall state his or her opinion within 30 days from receipt of a request for such consultation from the Minister of Land, Infrastructure and Transport, but if he or she fails to state his or her opinion within the period, it shall be deemed that he or she has no objection thereto. <Amended on Mar. 23, 2013> |
| (7) | Other matters concerning approving project plans under paragraph (1) or (2), such as application procedures, required documents, and methods of giving public notice, shall be prescribed by Presidential Decree. <Newly Inserted on Aug. 28, 2015> |
| Article 36 (Special Cases concerning Deliberation by Construction Commission) |
| (2) | Deliberation conducted by the Central Construction Commission or the traffic impact assessment deliberation commission under the jurisdiction of the Ministry of Land, Infrastructure and Transport under paragraph (1), shall be deemed deliberation conducted by the construction commission under Article 4 of the Building Act or by the traffic impact assessment deliberation commission under the jurisdiction of the approving administrative agency under Article 17 of the Urban Traffic Improvement Promotion Act. <Amended on Mar. 23, 2013; Jul. 24, 2015> |
| (3) | Notwithstanding paragraph (1), where an application for approval of a project plan was filed pursuant to Article 35 (3), or where the Minister of Land, Infrastructure and Transport deems it necessary, the application may need to undergo deliberation by the Integrated Deliberative Commission; and where the application has undergone deliberation by the Integrated Deliberative Commission, it shall be deemed to have undergone deliberation by the construction commission or deliberation by the traffic impact assessment deliberation commission pursuant to paragraph (1). In such cases, the incumbent members of the Integrated Deliberative Commission shall be deemed the members falling under Article 33 (4) 2 through 6. <Amended on Jul. 24, 2015; Aug. 28, 2015; Dec. 22, 2020> |
| Article 37 (Standards for Construction of Public Housing Units) |
Matters regarding standards for the structure, functions, and facilities of public housing units, the scope, and standards for installation, of ancillary and welfare facilities, and other relevant matters, shall be prescribed by Presidential Decree. <Amended on Jan. 14, 2014>
[Title Amended on Jan. 14, 2014]
| Article 38 (Special Cases concerning the Framework Act on the Construction Industry) |
| (1) | Any public housing project operator (referring to a public housing project operator referred to in subparagraph 2 or 3 of Article 4; hereafter in this Article and Articles 39 through 45, the same shall apply) who executes a housing construction project pursuant to this Act may directly perform construction work, notwithstanding Article 41 of the Framework Act on the Construction Industry. <Amended on Jan. 17, 2012; Aug. 28, 2015> |
| (2) | Paragraph (1) shall apply only to a housing construction project for housing units not exceeding 5/100 of all housing units included in the project plan approved by the Ministry of Land, Infrastructure and Transport each year under Article 35 (1). <Amended on Mar. 23, 2013> |
| Article 39 (Contracts on Division of Projects) |
| (1) | Any public housing project operator may subdivide a project and execute a separate contract for each part, if it is more efficient to do so in executing a housing construction project under this Act, taking into consideration the nature and scale of the project and other relevant factors. <Amended on Aug. 28, 2015> |
| (2) | With respect to any public housing project operator who executes a housing construction project under this Act, Article 10 (2) of the Act on Contracts to Which the State Is a Party shall preferentially apply to the determination of a successful bidder in a competitive bidding, the burden of which shall be borne by the public housing project operator: Provided, That a contract may be executed otherwise, as prescribed by Presidential Decree, if it is necessary to lower the sale price of public housing units by saving construction costs. <Amended on Jan. 14, 2014; Aug. 28, 2015; Jun. 9, 2020> |
| (3) | Paragraphs (1) and (2) shall only apply to housing construction projects referred to in Article 38 (2). |
| Article 40 Deleted. <Aug. 28, 2015> |
CHAPTER V-2 PUBLIC HOUSING PROJECTS ON SITES FOR PUBLIC FACILITIES
| Article 40-2 (Special Cases concerning Public Housing Projects on Sites for Public Facilities) |
| (1) | Notwithstanding Article 76 of the National Land Planning and Utilization Act, the facilities determined and publicly notified by the Minister of Land, Infrastructure and Transport, such as commercial facilities, business facilities and lodging facilities under Article 2 (2) of the Building Act, may be constructed in addition to public housing, where a public housing project is implemented on the land which includes any of the following land, the size of which is at least the ratio prescribed by Presidential Decree, in order to supply public rental housing prescribed by Presidential Decree. In such cases, the ratio of housing units under the latter part of subparagraph 2 of Article 2 shall not apply: <Amended on Aug. 28, 2015; Oct. 24, 2017; May 18, 2021> |
| (b) | Land acquired to install public facilities, etc., but not used for such purpose; |
| (c) | Land being used after installing public facilities, etc., but on which public housing units may be constructed to the extent not hindering the use of the relevant facilities; |
| (2) | Notwithstanding Article 35, Article 11 of the Building Act, and other relevant provisions, a public housing projects operator who intends to construct public housing and facilities together on the land referred to in paragraph (1) shall obtain approval therefor under Article 35 after preparing a housing construction project plan which includes matters concerning the construction of facilities: Provided, That where the facilities referred to in paragraph (1) are intended to be constructed in a building separate from public housing, the relevant facilities may be constructed after permission is obtained under Article 11 of the Building Act. <Amended on Aug. 28, 2015> |
| (3) | Matters necessary to facilitate implementing public housing projects under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jan. 14, 2014]
[Title Amended on May 18, 2021]
| Article 40-3 (Special Cases concerning the State Property Act) |
| (1) | Where necessary for the smooth implementation of a public housing project under Article 40-2 (1), the State and a local government may grant permission to use, sell, or lease state or public property to the public housing project operator by private contract, notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other related statutes. In such cases, the State and the local government may set the period of permission to use or lease at up to 50 years, and may reduce or exempt the fee for use or lease, as prescribed by Presidential Decree. <Amended on Aug. 28, 2015> |
| (2) | The State property under paragraph (1) means the property under Article 6 of the State Property Act on which consultation has been completed with the head of a central government agency in charge of managing the relevant property. <Amended on Aug. 28, 2015; May 18, 2021> |
| (3) | For facilitating implementation of a public housing project under Article 40-2 (1), the Minister of Land, Infrastructure and Transport may, following consultation with the Minister of Economy and Finance, request the head of the central administrative agency that manages state property to disuse and transfer the state property under his or her jurisdiction to the Minister of Economy and Finance. <Newly Inserted on Aug. 28, 2015> |
| (4) | The head of a central administrative agency, in receipt of the request under paragraph (3), shall notify the Minister of Land, Infrastructure and Transport of his or her opinion within 60 days from the receipt of such request. <Newly Inserted on Aug. 28, 2015> |
| (5) | Notwithstanding the State Property Act and the Public Property and Commodity Management Act, the State and a local government may allow the public housing project operator referred to in paragraph (1) to build permanent facilities on state or public property for which permission for use or lease has been granted under the same paragraph. In such cases, the ownership of the relevant permanent facilities shall belong to the public housing project operator until such state or public property is returned, unless any separate agreement is made otherwise between the public housing project operator and the State, local government, or any other relevant institution. <Amended on Aug. 28, 2015; Jun. 9, 2020> |
[This Article Newly Inserted on Jan. 14, 2014]
| Article 40-4 (Special Cases concerning the Act on Railroad Construction and Railroad Facilities Management) |
| (1) | A public housing project operator who executes a public housing project referred to in Article 40-2 (1) at the railroad facilities defined in subparagraph 6 of Article 2 of the Act on Railroad Construction and Railroad Facilities Management shall be deemed the operator of a railroad construction project under Article 8 of the aforesaid Act. <Amended on Aug. 28, 2015; Mar. 13, 2018> |
| (2) | Where necessary for facilitating implementation of a public housing project referred to in Article 40-2 (1), the Minister of Land, Infrastructure and Transport may grant permission for occupying and using railroad facilities to the relevant public housing project operator for up to 50 years, notwithstanding Articles 42 and 44 of the Railroad Service Act; and the fee for occupation and use may be reduced or exempt, as prescribed by Presidential Decree. <Amended on Aug. 28, 2015> |
[This Article Newly Inserted on Jan. 14, 2014]
[Title Amended on Mar. 13, 2018]
| Article 40-5 (Special Cases concerning the Act on the Special Cases concerning the Procurement of School Sites) |
| (1) | Notwithstanding Article 3 of the Act on the Special Cases concerning the Procurement, etc. of School Sites, the public housing project operator under Article 40-2 (1) need not develop or secure a school site after hearing from the superintendent of an office of education. <Amended on Aug. 28, 2015> |
| (2) | Where a public housing project operator chooses not to secure a school site under paragraph (1), he or she may bear the expenses, etc. necessary to expand a school adjacent to an area where a public housing project referred to in Article 40-2 (1) is executed after hearing from the superintendent of an office of education. <Amended on Aug. 28, 2015> |
[This Article Newly Inserted on Jan. 14, 2014]
| Article 40-6 (Special Cases concerning Building Standards) |
Where necessary to facilitate the implementation of a project for public housing to be constructed on a land referred to in Article 40-2 (1) 1, the Minister of Land, Infrastructure and Transport may establish and apply lenient standards for the following, within the scope prescribed by Presidential Decree, notwithstanding the provisions related to the following: <Amended on Jan. 19, 2016; May 18, 2021> | 2. | Scope of a site, landscaping of building sites, open space, vacant lots within a building site, and restrictions on building, such as the building-to-land ratio, floor area ratio, height, etc. of a building under subparagraph 1 of Article 2, and Articles 42, 43, 55, 56, 58, 60, and 61; |
[This Article Newly Inserted on Jan. 14, 2014]
CHAPTER VI PURCHASE OF PUBLIC HOUSING UNITS
| Article 41 (Purchase of Insolvent Rental Housing Units by Public Housing Project Operators) |
| (1) | Any public housing project operator may purchase housing units designated and publicly notified by the Minister of Land, Infrastructure and Transport, among insolvent rental housing units (referring to the insolvent rental housing units, etc. under subparagraph 8 of Article 2 of the Rental Housing Act among housing units falling under subparagraph 2-2 of the same Article, before it is amended by Act No. 13499; hereinafter the same shall apply) and supply them as public rental housing units. <Amended on Jul. 16, 2013; Jan. 14, 2014; Aug. 28, 2015> |
| (2) | Where a lessee of a dilapidated rental housing unit gives consent to the public housing project operator to purchase his or her rental housing unit before it is designated or publicly notified under paragraph (1), he or she shall be deemed to have transferred the right of preferential purchase (referring to the right under Article 22 of the Rental Housing Act before it is amended by Act No. 13499) granted to the lessee to the public housing project operator. In such cases, the public housing project operator may file a report on preferential purchase without providing a guaranty prescribed in Article 113 of the Civil Execution Act. <Newly Inserted on Jul. 16, 2013; Aug. 28, 2015> |
| (3) | The State or a local government may provide a subsidy to any public housing project operator who purchases insolvent rental housing units, based on the level of subsidization from its funds or the Housing and Urban Fund to the construction of public housing. <Amended on Jul. 16, 2013; Jan. 14, 2014; Jan. 6, 2015; Aug. 28, 2015; Jun. 9, 2020> |
| (4) | Where a public housing project operator is provided with a subsidy or Housing and Urban Fund under paragraph (3), he or she may use the remainder after deducting the housing repair cost, etc. within the amount subsidized to cover the rental deposit of the lessee. <Newly Inserted on Jul. 16, 2013; Jan. 6, 2015; Aug. 28, 2015> |
| (5) | The procedures for purchasing dilapidated rental housing units and matters necessary for the subsidization for each public housing project operator shall be prescribed by Presidential Decree; while guidelines for such purchasing and other relevant matters shall be separately determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 16, 2013; Aug. 28, 2015> |
[Title Amended on Aug. 28, 2015]
| Article 42 Deleted. <Jul. 16, 2013> |
| Article 43 (Purchase of Existing Homes by Public Housing Project Operators) |
| (1) | Any public housing project operator may purchase buildings that have undergone a pre-use inspection under Article 49 of the Housing Act or that are approved for use under Article 22 of the Building Act, which are homes, etc. that meet the size requirements and other standards prescribed by Presidential Decree (hereinafter referred to as "existing homes, etc.") to supply them as buy-to-rent public housing. <Amended on Jan. 14, 2014; Aug. 28, 2015; Jan. 19, 2016; Aug. 18, 2020> |
| (2) | The State or a local government may provide a subsidy to any public housing project operator who purchases existing homes, etc. under paragraph (1), based on the level of subsidization from its funds or the Housing and Urban Fund to the construction of public housing. <Amended on Jan. 14, 2014; Jan. 6, 2015; Aug. 28, 2015; Jun. 9, 2020; Aug. 18, 2020> |
| (4) | Where a person who has built housing units in compliance with the standards for the establishment of parking lots under paragraph (3) undergoes a pre-use inspection under Article 49 of the Housing Act or obtains approval for use under Article 22 of the Building Act, a public housing project operator shall request the sale of the relevant housing units within one month from the date of the pre-use inspection or approval for use, except in extenuating circumstances prescribed by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Aug. 18, 2020> |
| (5) | A person requested to sell housing units under paragraph (4) shall sell them within two months from the date of receipt of such request. <Newly Inserted on Aug. 18, 2020> |
| (6) | Where a person requested to sell housing units pursuant to paragraph (4) fails to sell them pursuant to paragraph (5), a public housing project operator shall notify such fact to a person authorized to conduct pre-use inspections for use under Article 49 of the Housing Act or a person authorized to approve use under Article 22 of the Building Act. <Newly Inserted on Aug. 18, 2020> |
| (7) | The procedures for purchasing existing homes, etc. and matters necessary for the subsidization for each public housing project operator shall be prescribed by Presidential Decree; while the guidelines for such purchase and other relevant matters shall be separately determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Aug. 28, 2015; Aug. 18, 2020> |
[Title Amended on Aug. 28, 2015; Aug. 18, 2020]
| Article 44 (Purchase of Homes under Construction, by Public Housing Project Operators) |
| (1) | Any person other than a public housing project operator may request any public housing project operator to purchase homes that are under construction (including those planned to be built; hereafter in this Article the same shall apply) and that meet the size requirements and other standards prescribed by Presidential Decree as public rental housing. <Amended on Jan. 14, 2014; Aug. 28, 2015> |
| (2) | Any person who is not a public housing project operator but intends to make a proposal under paragraph (1) shall have ownership of the land for the homes under construction. <Amended on Aug. 28, 2015> |
| (3) | The State or a local government may provide a subsidy to any public housing project operator who purchases homes under construction by accepting a proposal under paragraph (1), based on the level of subsidization from its funds or the Housing and Urban Fund to the construction of public housing units. <Amended on Jan. 14, 2014; Jan. 6, 2015; Aug. 28, 2015; Jun. 9, 2020> |
| (4) | The procedures for purchasing homes under construction and matters necessary for the subsidization for each public housing project operator shall be determined by Presidential Decree; while the guidelines for such purchase and other relevant matters shall be separately prescribed by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
[Title Amended on Aug. 28, 2015]
| Article 45 (Acquisition of Rental Housing Units) |
| (2) | Rental housing acquired by any public housing project operator pursuant to paragraph (1) shall be supplied as public rental housing. <Amended on Jan. 14, 2014; Aug. 28, 2015> |
| Article 45-2 (Leasing of Existing Homes) |
| (1) | Any public housing project operator may supply public rental housing units by leasing existing homes. |
| (2) | Where a public housing project operator supplies public rental housing units pursuant to paragraph (1), the State or a local government may provide a subsidy thereto, using its funds or the Housing and Urban Fund. |
| (3) | The procedures for leasing or subleasing existing homes and matters necessary for the subsidization for a public housing project operator shall be prescribed by Presidential Decree; and standards for leasing, etc. shall be separately determined by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Aug. 28, 2015]
CHAPTER VII PUBLIC HOUSING CONSTRUCTION HEADQUARTERS
| Article 46 (Establishment of Public Housing Headquarters) |
| (1) | The Ministry of Land, Infrastructure and Transport shall establish the public housing headquarters for expeditiously promoting and efficiently supporting public housing projects. <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015> |
| (2) | Matters necessary for organizing and operating the public housing headquarters and other relevant matters shall be determined by Presidential Decree. <Amended on Aug. 28, 2015> |
[Title Amended on Aug. 28, 2015]
| Article 47 (Request for Dispatching Competent Public Officials) |
The Minister of Land, Infrastructure and Transport may request the head of a central administrative agency or a local government, the head of a housing-related research institute, or a project implementer to dispatch affiliated public officials or employees, whenever such public officials or employees are required for the public housing headquarters to efficiently perform its duties. <Amended on Mar. 23, 2013; Aug. 28, 2015>
CHAPTER VIII SUPPLY, OPERATION, AND MANAGEMENT OF PUBLIC HOUSING
SECTION 1 Supply of Public Housing
| Article 48 (Supply of Public Housing) |
| (1) | Matters concerning the qualifications, methods of selection, and management of tenants of public housing shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, they may be determined differently depending on the types, etc. of public housing. <Amended on Dec. 2, 2016> |
| (2) | A public housing project operator shall supply public housing units preferentially to groups in need of housing assistance and multi-child households. In such cases, such matters as the requirements for the groups in need of housing assistance and multi-child households and the rate of preferential supply shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Dec. 2, 2016; Dec. 31, 2018> |
[This Article Wholly Amended on Aug. 28, 2015]
| Article 48-2 (Establishment of Examination Commission on Sale Prices of Public Housing for Sale in Units) |
| (2) | When the head of a Si/Gun/Gu approves an invitation of prospective tenants in public housing units pursuant to Article 54 (1) 1 of the Housing Act, he or she shall determine whether to approve such invitation based on the results of deliberation by the relevant Examination Commission on Sale Prices. <Amended on Jan. 14, 2014; Jan. 19, 2016> |
| (3) | Article 59 of the Housing Act shall apply mutatis mutandis to the details regarding establishing, organizing, and operating an Examination Commission on Sale Prices referred to in paragraph (1) and other relevant matters. <Amended on Dec. 31, 2014; Jan. 19, 2016> |
[This Article Newly Inserted on Jan. 17, 2012]
[Title Amended on Aug. 28, 2015]
[Moved from Article 50-6 <Aug. 28, 2015>]
| Article 48-3 (Checking Occupancy of At Least Two Public Rental Housing Units) |
| (1) | The Minister of Land, Infrastructure and Transport shall check whether there is any lessee (referring to a person who has signed a lease agreement; hereafter in this Article the same shall apply) who occupies at least two public rental housing units or has concluded lease agreements to that effect. |
| (2) | A public housing project operator shall notify the following information on each lessee to an agency designated and publicly notified by the Minister of Land, Infrastructure and Transport (hereafter in this Article and Article 49-7, referred to as "designated agency for computerized management"): <Amended on Aug. 9, 2017> |
| 2. | Lessee's resident registration number; |
| 3. | Type of rental housing; |
| 5. | Initial moving-in date. |
| (3) | The designated agency for computerized management shall manage the information referred to in paragraph (2) using a computer system and devise measures necessary for ensuring the stability so that the information on lessees may not be lost, stolen, falsified or damaged. |
| (4) | The methods and procedures for checking whether a lessee occupies at least two public rental housing units or has signed lease agreements to that effect, matters necessary for taking measures against such occupancy or agreements, and other relevant matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 48-4 (Submission of Written Consent to Provision of Financial Information on Applicants for Public Housing) |
| (1) | Any person who applies for the supply of public housing (including contract renewal; hereinafter the same shall apply) shall submit to the Minister of Land, Infrastructure and Transport a written consent necessary to receive the following data or information on the applicant and his or her spouse and other persons prescribed by Presidential Decree (hereinafter referred to as "applicant, etc.") from the financial institutions, etc. under Article 48-5 (1): |
| 1. | Balance of deposits, installment deposits, and savings accounts, or value of securities and certificates of financial assets, such as amount paid in installments, paid amount, and negotiable securities, among data or information on the details of financial assets and financial transactions defined in subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality (hereinafter referred to as "financial information"); |
| 3. | Premiums paid for insurance policies referred to in the subparagraphs of Article 4 of the Insurance Business Act, refunds, and amount paid (hereinafter referred to as "insurance information"). |
| (2) | Matters regarding the methods, procedures, etc. for obtaining consent and specific data or information under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 48-5 (Provision of Financial Information) |
| (5) | No person who engages or has engaged in the duties referred to in paragraphs (1) and (2) shall misappropriate any financial information, etc. acquired while performing such duties for purposes other than those prescribed by this Act or provide or divulge it to any third person or institution. |
| (6) | Matters necessary for requesting financial information, etc., the provision thereof, and other relevant matters under paragraphs (1), (2), and (4) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 48-6 (Request for Data) |
| (1) | The Minister of Land, Infrastructure and Transport may request the heads of related institutions to provide the following data necessary for verifying the qualifications of applicants for supplying public housing or for investigating the status of tenants of public housing under Article 49-7. In such cases, the heads of the relevant institutions in receipt of such request shall comply therewith except in extenuating circumstances: <Amended on Mar. 20, 2018> |
| 2. | Data on national taxes and local taxes; |
| 3. | Data on all types of pensions, insurances, and benefits, such as the national pension, public officials pension, public officials disaster compensation benefits, veterans' pension, private school teachers pension, special post office pension, pension for persons with disabilities, health insurance, employment insurance, industrial accident compensation insurance, and veteran's benefits; |
| 5. | Data on entries into and departures from Korea. |
| (2) | No current or former public official belonging to the Ministry of Land, Infrastructure and Transport and the executive officers and employees of an institution delegated or entrusted with the authority pursuant to Article 53 shall use the information and data received pursuant to paragraph (1) for purposes other than those prescribed in this Act or provide or divulge it to any third person or institution. |
| (3) | Any data provided to the Minister of Land, Infrastructure and Transport pursuant to paragraph (1) or an institution delegated or entrusted with the authority pursuant to Article 53 shall be subject to exemption from the fees for use, relevant charges, etc. |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 48-7 (Collection of Data and Information) |
The Minister of Land, Infrastructure and Transport and the head of an institution delegated or entrusted with the duties referred to in Articles 48-4 through 48-6 pursuant to Article 53, may collect, manage, retain, or use the data or information received under Articles 48-5 and 48-6. [This Article Newly Inserted on Aug. 28, 2015]
SECTION 2 Operation and Management of Public Housing
| Article 49 (Rental Conditions for Public Rental Housing Units) |
| (1) | The standards for rental conditions, such as rent (referring to a deposit and monthly rent; hereinafter the same shall apply) for a public rental housing unit shall be prescribed by Presidential Decree. |
| (2) | When a public housing project operator requests an increase in rent (including where a lease agreement is to be renewed), it shall be increased by up to 5/100 of the rent, taking into account the price index of housing expenses, reflecting such factors as the rents for homes in the neighboring area, etc. In such cases, no rent shall be further increased within one year after such increase. |
| (3) | Where a deposit, out of the rent, is increased pursuant to paragraph (2), a lessee may pay the increased portion in installments as prescribed by Presidential Decree. |
| (4) | Rental conditions, such as rents, for public rental housing may be determined differentially based on the income level of individual lessees, the sizes of public rental housing units, etc. In such cases, paragraphs (2) and (3) shall not apply where a rent is modified due to changes in income levels, etc. |
| (5) | A public housing project operator who intends to mutually convert a deposit and monthly rents shall notify the lessee of the matters prescribed by Presidential Decree, such as the amount of the loan from the Housing and Urban Fund for the construction of the relevant housing and the established amount of security rights in rem, such as mortgage. |
| (6) | A public housing project operator shall report the details regarding a lease agreement, such as rental conditions, for the public rental housing to the head of the competent Si/Gun/Gu. In such cases, Article 46 of the Special Act on Private Rental Housing shall apply mutatis mutandis to the methods, etc. of reporting. |
| (7) | A public housing project operator may collect rent calculated in accordance with the standards prescribed by Presidential Decree for any equity owned by him or her from a person supplied with an accumulated equity housing unit for sale during a period of shared ownership of said housing unit. <Newly Inserted on May 18, 2021> |
[This Article Newly Inserted on Aug. 28, 2015]
[Previous Article 49 moved to Article 52-2 <Aug. 28, 2015>]
| Article 49-2 (Standard Lease Agreement for Public Rental Housing Units) |
| (1) | A person who intends to enter into a lease agreement for a public rental housing unit shall use a standard form agreement prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | A standard form lease agreement referred to in paragraph (1) shall include the following: |
| 1. | Matters concerning the rent and increasing rent; |
| 2. | Contract rental period; |
| 3. | Matters concerning the rights and obligations of the public housing project operator and the lessee; |
| 4. | Matters concerning the repair, management, and maintenance of the public rental housing unit; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | If a public housing project operator plans to sell a rental housing unit to the lessee after expiry of a lease agreement period when the lease agreement is entered into, the contract lease period may be not longer than two years, notwithstanding Article 4 (1) of the Housing Lease Protection Act. |
| (4) | A public housing project operator shall explain and obtain confirmation on the matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the state, etc. of facilities and equipment in residential spaces including living rooms and toilets in a household of a public rental housing unit prescribed by Presidential Decree, before a lessee moves into the relevant public rental housing unit. <Newly Inserted on Nov. 26, 2019> |
| (5) | Matters concerning the timing, methods, procedures, etc. for explanation and confirmation under paragraph (4) shall be prescribed by Presidential Decree. <Newly Inserted on Nov. 26, 2019> |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 49-3 (Refusal of Renewal of Agreement) |
| (1) | A public housing project operator may revoke, terminate, or refuse to renew a lease agreement, where a lessee falls under any of the following cases: <Amended on Aug. 9, 2017> |
| 1. | Where the lessee obtains the lease of a public rental housing unit by fraud or other improper means; |
| 2. | Where the asset or income of the lessee exceeds the standard prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport within the extent exceeding the requirements for qualification under Article 48; |
| 3. | Where it is confirmed that the lessee has occupied at least two public rental housing units or has concluded a lease agreement to that effect pursuant to Article 48-3; |
| 4. | Where the lessee violates an obligation under a standard lease agreement referred to in Article 49-2; |
| 5. | Where the lessee transfers the right to the lease of a public rental housing unit to any other person or subleases a public rental housing unit to any other person, in violation of Article 49-4; |
| 6. | Where the lessee violates any obligation prescribed by Presidential Decree, such as an obligation to occupy and live within the period, an obligation to pay rent, and an obligation to pay installments; |
| 7. | Other cases prescribed by Presidential Decree, such as intentionally damaging or destroying a public rental housing unit. |
| (2) | A lessee residing in a public rental housing unit may revoke, terminate, or refuse to renew a lease agreement as prescribed by Presidential Decree, where the head of the competent Si/Gun/Gu admits that there is a serious defect in the rental housing unit that makes it difficult to reside therein, etc. |
[This Article Newly Inserted on Aug. 28, 2015]
| Article 49-4 (Restrictions on Sublease of Public Rental Housing Units) |
The lessee of a public rental housing unit shall neither transfer (including sale, purchase, conveyance by gift and all other acts accompanying any changes in rights, but excluding conveyance by inheritance) the lease right nor sublease the public rental housing unit to another person: Provided, That he or she may transfer or sublease it if he or she falls under any of the cases prescribed by Presidential Decree, such as employment, occupation, and treatment of a disease, and obtains consent thereto from the public housing project operator.
[This Article Newly Inserted on Aug. 28, 2015]
| Article 49-5 (Restrictions on Resale of Accumulated Equity Housing Unit for Sale) |
| (1) | Notwithstanding Article 64 (1) of the Housing Act, resale shall not be allowed nor shall it be arranged with respect to the ownership shares of accumulated equity housing unit for sale or to the status of persons selected as tenants of said type of housing unit before a period prescribed by Presidential Decree has elapsed for a period of up to 10 years. |
| (3) | Where a person supplied with an accumulated equity housing unit for sale intends to resell all of his or her ownership equity in the housing unit before acquiring the full ownership of the relevant housing unit after expiration of the resale restriction period under paragraph (1), he or she shall resell the entire ownership of the relevant housing unit, together with the ownership equity owned by the public housing project operator with the consent of said public housing project operator: Provided, That the same shall not apply where the ownership equity in the relevant house is given to a spouse. |
| (4) | Where an accumulated equity housing unit for sale is resold under paragraph (3) and where the sale price is higher than the purchase price prescribed by Presidential Decree, the difference shall be divided between the public housing project operator and the person supplied with the relevant unit based on the percentage of equity owned by each at the time of resale. |
| (5) | Notwithstanding Article 268 of the Civil Act, a claim for division of jointly-owned asset shall not be filed during the period in which a person supplied with an accumulated equity housing unit for sale and a public housing project operator share ownership of the relevant housing unit. |
| (6) | Notwithstanding the main clause, with the exception of the subparagraphs, of Article 57-2 (1) of the Housing Act, a person supplied with an accumulated equity housing unit for sale (excluding those who inherited said type of housing units; hereafter in this Article referred to as "mandatory residents") shall reside in the relevant housing unit for a specified period prescribed by Presidential Decree, not exceeding five years from the earliest possible date of moving-in: Provided, That in the cases prescribed in the proviso, with the exception of the subparagraphs, of Article 57-2 (1) of the Housing Act, a person shall be deemed to have resided in the relevant housing unit for the period. |
[This Article Newly Inserted on May 18, 2015]
| Article 49-6 (Purchase of Housing Units in Permitting Exceptional Resale of Public Housing for Sale in Units) |
| (1) | Where a person supplied with a public housing unit for sale is deemed permitted to resell the relevant status of being selected as tenants or the relevant housing unit (referring to ownership equity in a housing unit, in cases of an accumulated equity housing unit for sale; hereafter in this Article the same shall apply) as he or she falls under the grounds prescribed in Article 49-5 (1) or the main clause of Article 64 (2) of the Housing Act during the period for the restriction on resale under paragraph (1) of the same Article, such person shall file an application for purchase of the status of being selected as tenants or the housing unit with a public housing project operator. <Amended on May 18, 2021> |
| (2) | Upon receipt of an application for purchase under paragraph (1), a public housing project operator shall purchase the relevant status of being selected as tenants or the relevant housing unit, except in extenuating circumstances prescribed by Presidential Decree. |
| (3) | Where a public housing project operator purchases the status of being selected as tenants or the housing units pursuant to paragraph (2), Article 57-2 (4) of the Housing Act shall apply mutatis mutandis to purchase expenses and acquisition of the status of being selected as tenants or the housing units. <Amended on Aug. 18, 2020> |
| (4) | A public housing project operator shall supply the status of being selected as tenants or the housing units acquired pursuant to paragraphs (2) and (3), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Wholly Amended on Nov. 26, 2019]
| Article 49-7 (Investigations of Status of Dwelling in Public Housing Units) |
| (1) | In order to verify the following, the Minister of Land, Infrastructure and Transport or the head of the relevant local government may request a tenant or lessee to submit necessary documents, etc. and require affiliated public officials to enter the relevant housing unit for investigation or to inquire as necessary with interested persons. In such cases, the tenant or lessee who has been requested to submit documents, etc. or to allow entry for investigation, or asked necessary questions shall comply except in extenuating circumstances, such as overseas business travel of all household members: <Amended on Mar. 23, 2013; Aug. 28, 2015; Aug. 20, 2019; Nov. 26, 2019; Jun. 9, 2020> |
| 1. | Whether the lessee actually resides in the relevant housing unit and whether a person other than the lessee resides in the housing unit; |
| 2. | Whether the lease right has been transferred or the relevant rental housing unit is subleased as referred to in Article 49-4; |
| 3. | Deleted; <Aug. 18, 2020> |
| 4. | Whether the relevant rental housing unit is being used for any other purpose. |
| (2) | If necessary for conducting an investigation pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport or the head of the relevant local government may request the relevant administrative agencies, related organizations, etc. to provide data in order to verify information on resident registration and whether tenants actually reside in the registered address. In such cases, the relevant administrative agencies, related organizations, etc. in receipt of a request to provide data, shall comply with such request, except in extenuating circumstances. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (3) | Any person who enters housing units, conducts investigations and asks questions as prescribed in paragraph (1) shall carry a certificate prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and produce it to interested persons, and issue a document stating the name of the investigator, time and purpose of entry, etc. to such interested persons. <Amended on Aug. 28, 2015> |
| (4) | Necessary matters, such as data the Minister of Land, Infrastructure and Transport or the heads of local governments may request from the relevant administrative agencies, related organizations, etc. in order to verify whether a lessee actually resides in the rental housing unit, etc. as prescribed in paragraphs (1) and (2), shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (5) | The Minister of Land, Infrastructure and Transport or the heads of local governments shall notify the designated agency for computerized management of information on the tenant whose illegal act is confirmed pursuant to paragraph (1) 2. <Newly Inserted on Aug. 9, 2017> |
| (6) | The designated agency for computerized management shall make computerized management of the information referred to in paragraph (5). <Newly Inserted on Aug. 9, 2017> |
[This Article Newly Inserted on Apr. 5, 2010]
[Title Amended on Aug. 28, 2015]
[Moved from Article 50-5 <Aug. 28, 2015>]
| Article 49-8 (Restrictions on Qualification for Tenants of Public Rental Housing Units) |
The Minister of Land, Infrastructure and Transport or the heads of local governments may, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, impose an up to four-year ban on a lessee who transfers the lease right or subleases a public rental housing unit in violation of Article 49-4 from occupying and living in a public rental housing unit. [This Article Newly Inserted on Aug. 9, 2017]
| Article 49-9 (Special Cases concerning Lease for Operation of Home-Based Child-Care Centers) |
| (1) | Where deemed necessary to meet lessees’ demand for child-care services, a public housing project operator may lease, up to six years, some of the relevant public rental housing units to the persons who intend to establish and operate a home-based child-care center under subparagraph 5 of Article 10 of the Infant Care Act. In such cases, the public housing project operator shall consult with the head of the relevant Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where leasing some of public rental housing units to the persons who intend to establish and operate a home-based child-care center pursuant to paragraph (1), the public housing project operator may request the head of the relevant Si/Gun/Gu to provide materials necessary for understanding child-care demand of the public rental housing units. |
| (3) | Matters regarding qualification for occupancy, selection methods, and leasing conditions for, the persons who intend to establish and operate a home-based child-care center pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | It is not mandatory for a person who obtains the lease of a public rental housing unit and establishes and operates a home-based child-care center pursuant to paragraph (1) to live in the relevant public rental housing unit, notwithstanding Article 57-2 (1) of the Housing Act. <Amended on Nov. 26, 2019; Aug. 18, 2020> |
[This Article Newly Inserted on Oct. 24, 2017]
| Article 50 (Management of Public Rental Housing) |
| (2) | A public housing project operator may pay expenses incurred in maintaining and operating a public rental housing unit (hereinafter referred to as "advance management expenses") until a lessee makes the first payment of expenses incurred in managing the public rental housing unit, as prescribed by Presidential Decree. <Newly Inserted on Apr. 30, 2019> |
[This Article Wholly Amended on Aug. 28, 2015]
| Article 50-2 (Restrictions on Sale of Public Rental Housing) |
| (1) | No public housing project operator shall sell any public rental housing unit before the expiry of the obligatory lease period prescribed by Presidential Decree, which is at least five years. |
| (2) | In any of the following cases, a public housing project operator may sell any public rental housing unit even before the expiry of such obligatory period, notwithstanding paragraph (1): |
| 1. | Where it is sold to another public housing project operator as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, a public housing project operator who purchases the relevant public rental housing unit shall universally succeed to the status of the existing public housing project operator; |
| 2. | Where it is converted for sale to the lessee, etc., in cases prescribed by Presidential Decree, such as where the public housing project operator agrees with the lessee after the lapse of 1/2 of the obligatory lease period. |
[This Article Newly Inserted on Aug. 28, 2015]
[Previous Article 50-2 moved to Article 49-5 <Aug. 28, 2015>]
| Article 50-3 (Preferential Conversion for Sale of Public Rental Housing Units) |
| (1) | A public housing project operator who, after the lapse of the obligatory lease period, makes conversion for sale of any rental housing unit publicly constructed for the purpose of conversion for sale after the lease, shall convert it for sale preferentially (hereinafter referred to as "preferential conversion for sale") to any of the following persons. In such cases, such matters as the methods, procedures, etc. for preferential conversion for sale shall be prescribed by Presidential Decree: <Amended on Dec. 22, 2020> |
| 1. | Where a lessee residing in the relevant rental housing unit at the time of conversion for sale falls under any of the following: |
| (a) | Where the lessee is a non-homeowner who has resided in the relevant rental housing unit continuously from the time of moving into the relevant rental housing unit until the conversion for sale; |
| (b) | Where the lessee is a non-homeowner who moved into a publicly-constructed rental housing unit and owned another housing unit by inheritance, adjudication, or marriage but disposes of the another housing unit until the time of conversion for sale while having continued to reside in the relevant rental housing unit from the time of moving-in until the conversion for sale; |
| (c) | Where the lessee is a person taking over the lease right under the proviso of Article 49-4, who is a non-homeowner having resided in the relevant rental housing unit from the date of transfer until the conversion for sale; |
| (d) | Where the lessee is a person selected as a tenant of the relevant rental housing unit in the order of arrival, who meets the standards for homeownership among the requirements for the occupation of the relevant rental housing unit at the time of conversion for sale while having resided continuously from the date of moving-in until the conversion for sale; |
| (e) | Where the area for exclusive use of the relevant rental housing unit in which he or she resides at the time of conversion for sale exceeds 85 square meters; |
| 2. | State agencies or corporations which are the lessees of the relevant rental housing units at the time of conversion for sale. |
| (2) | A public housing project operator shall notify the lessee of the relevant public rental housing unit of the matters concerning preferential conversion for sale under paragraph (1), such as the qualifications and prices for preferential conversion for sale, after the expiry of the obligatory lease period for the publicly-constructed rental housing unit. In such cases, where the lessee who has been notified as qualified for preferential conversion for sale intends to accept the preferential conversion for sale, he or she shall conclude a contract for preferential conversion for sale within six months (referring to 12 months, in cases of publicly-constructed rental housing units with a 10-year obligatory lease period) after receipt of such notification. <Newly Inserted on Dec. 22, 2020> |
| (3) | A lessee who intends to accept preferential conversion for sale under paragraph (1) shall submit documents verifying whether he or she resides in the relevant public housing unit, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, a public housing project operator shall verify the documents submitted by the lessee, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Dec. 22, 2020> |
| (4) | In any of the following cases, a public housing project operator may sell the relevant rental housing unit to a third party at a price not exceeding the price for conversion for sale notified under paragraph (2), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Dec. 22, 2020> |
| 1. | Where there is no person having the qualifications for preferential conversion for sale under paragraph (1); |
| 2. | Where the lessee fails to conclude a contract for preferential conversion for sale within six months (referring to 12 months, in cases of publicly-constructed rental housing units with a 10-year obligatory lease period) from the date the public housing project operator notifies the lessee of matters concerning preferential conversion for sale pursuant to paragraph (2). |
| (5) | Appraisal for the computation of the price for conversion for sale under paragraph (1) and the price for sale under paragraph (4) shall be conducted by an appraisal and assessment entity selected by the head of a Si/Gun/Gu as prescribed by Presidential Decree, on condition that the public housing project operator bears the expenses therefor: Provided, That where a public housing project operator or a lessee who has obtained consent from a majority of lessees (where a council of lessees' representatives is organized, referring to the council of lessees' representatives) raises an objection by falling under any matter prescribed by Presidential Decree concerning the appraisal and assessment, the head of the Si/Gun/Gu may allow reappraisal only once as prescribed by Presidential Decree, such as the bearing of the expenses by the person who has raised such objection. <Amended on Dec. 22, 2020> |
| (6) | Notwithstanding paragraph (5), where a public housing project operator intends to sell publicly-constructed rental housing units to a third party pursuant to paragraph (4) and where one year has passed since the appraisal under paragraph (5) was completed, the price for sale may be recalculated pursuant to the same paragraph. <Newly Inserted on Dec. 22, 2020> |
[This Article Newly Inserted on Aug. 28, 2015]
[Title Amended on Dec. 22, 2020]
[Previous Article 50-3 moved to Article 49-6 <Aug. 28, 2015>]
| Article 50-4 (Accumulation of Reserves for Appropriations for Special Repairs) |
| (1) | A public housing project operator of public rental housing who falls under the size prescribed by Presidential Decree shall accumulate reserves for appropriations for special repairs necessary to cover expenses incurred in the replacement and repairs of main facilities (hereinafter referred to as "reserves for appropriations for special repairs"). |
| (2) | Where a public housing project operator makes conversion for sale of publicly-constructed rental housing units, the obligatory lease period of which has expired, he or she shall deliver the reserves for appropriations for special repairs to the council of occupants' representatives organized for the first time pursuant to Article 11 of the Multi-Family Housing Management Act. |
| (3) | Such matters as the rates, methods of accumulation, procedures for use, ex post facto management, etc. of reserves for appropriations for special repairs shall be prescribed by Presidential Decree. |
| (4) | Such matters as the scope, timing, and methods of replacement and repairs, and other relevant matters of the main facilities referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Wholly Amended on Aug. 28, 2015]
| Article 50-5 (Reporting on Sale of Public Rental Housing Units Converted for Sale) |
| (1) | Where a public housing project operator intends to sell publicly-constructed rental housing units converted for sale to any other public housing project operator, he or she shall file a report thereon with the head of a Si/Gun/Gu having jurisdiction over the location of the relevant rental housing units, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the public housing project operator who takes over the public-constructed rental housing units shall specify in a contract the purport that he or she will universally succeed to the status of the relevant public housing project operator who transfers such housing units. |
| (2) | Where a public housing project operator files a report in order to transfer public rental housing units converted for sale to any other rental business entity pursuant to paragraph (1), the head of a Si/Gun/Gu shall review the details thereof and accept the report as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport if it complies with this Act. |
[This Article Newly Inserted on Dec. 22, 2020]
[Moved to Article 48-2 <Aug. 28, 2015>]
| Article 51 (Establishment of Information System) |
| (1) | To facilitate supply and management of public housing, the Minister of Land, Infrastructure and Transport may establish and operate an information system that can manage the following: <Amended on Aug. 28, 2015> |
| 1. | Matters concerning inviting and managing prospective tenants in public housing units; |
| 2. | Information and data relating to the public housing project. |
| (3) | The Minister of Land, Infrastructure and Transport and the head of an agency delegated or entrusted with the affairs referred to in paragraph (1) may request a related institution, organization, etc. to provide data concerning matters necessary for establishing and operating the related information system pursuant to paragraph (1). In such cases, the related institution, organization, etc. so requested shall comply, except in extenuating circumstances. <Amended on Aug. 28, 2015; Jun. 9, 2020> |
| (4) | Matters necessary for establishing, operating, etc. an information system pursuant to paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Newly Inserted on Aug. 28, 2015> |
[Title Amended on Aug. 28, 2015]
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 52 (Entrustment of Purchase of Land) |
| (2) | Matters regarding the scope of business affairs that may be entrusted pursuant to paragraph (1), the associated fees, and other relevant matters shall be prescribed by Presidential Decree. |
| Article 52-2 (Mutatis Mutandis Application to Projects Outside Housing Zones) |
Articles 10, 11, 13, 14, 17 through 24, 27, 27-2, 28 through 32, 53, 53-2, 54 through 57, 57-2 through 57-4, and 58 through 60 shall apply mutatis mutandis to a project prescribed by Presidential Decree as a project executed in an area outside a housing zone, in direct connection with a public housing project. [This Article Wholly Amended on Aug. 28, 2015]
[Moved from Article 49 <Aug. 28, 2015>]
| Article 53 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of his or her authority bestowed under this Act to each Mayor/Do Governor, as prescribed by Presidential Decree. In such cases, "central administrative agency" shall be construed as "competent administrative agency", and "central urban planning commission" as "regional urban planning commission", respectively. <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| (2) | A Mayor/Do Governor delegated with the authority pursuant to paragraph (1) may re-designate part of such authority to the head of a Si (including the head of an administrative Si under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City) or Gun/Gu after obtaining approval from the Minister of Land, Infrastructure and Transport. <Newly Inserted on Aug. 28, 2015> |
| (3) | The Minister of Land, Infrastructure and Transport may entrust part of his or her authority bestowed under this Act to the head of a related central administrative agency or a public housing project operator, as prescribed by Presidential Decree. <Newly Inserted on Aug. 28, 2015> |
| Article 53-2 (Request for Cooperation) |
The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may request the head of a related institution to submit data necessary to implement a public housing project or to provide other necessary cooperation. In such cases, the head of the related institution so requested shall comply with such request, except in extenuating circumstances. <Amended on Jun. 9, 2020>
[This Article Newly Inserted on Jan. 14, 2014]
| Article 54 (Reporting and Inspections) |
| (1) | The Minister of Land, Infrastructure and Transport may, if necessary for the enforcement of this Act, order a public housing project operator to submit a report or material as may be necessary and may assign public officials under his or her control to enter an office or place of business of a public housing project operator, or any other place necessary to inspect business affairs related to a public housing project. <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015> |
| (2) | Public officials who inspect business affairs related to a public housing project pursuant to paragraph (1) shall carry identification indicating their authority and present it to interested persons. <Amended on Jan. 14, 2014> |
| (3) | Matters necessary for the identification under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (1) | If any public housing project operator falls under any of the following, the Minister of Land, Infrastructure and Transport may cancel permission or approval granted pursuant to this Act or issue an order to suspend or alter a project or rebuild, alter, or relocate any facility or article: <Amended on Mar. 23, 2013; Aug. 28, 2015> |
| 1. | If a public housing project operator has obtained permission or approval required under this Act by fraud or other improper means; |
| 2. | If a public housing project operator has executed a project in violation of the details of approval or revised approval of a housing zone development plan under Article 17 (1); |
| 3. | If a public housing project operator has executed a project in violation of the details of approval or revised approval of a project plan under Article 35 (1) or (2); |
| 4. | If a public housing project operator is no longer able to continue execution of a housing zone development project or a housing construction project due to a change in circumstances. |
| (2) | Whenever the Minister of Land, Infrastructure and Transport renders a disposition or issues an order pursuant to paragraph (1), he or she shall give public notice thereof, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
The Minister of Land, Infrastructure and Transport shall hold a hearing, where he or she intends to cancel permission or approval granted under this Act pursuant to Article 55 (1). <Amended on Mar. 23, 2013>
CHAPTER X PENALTY PROVISIONS.
| Article 57 (Penalty Provisions) |
| (1) | A person who uses undisclosed information related to the designation of a housing zone or proposal for the designation of a housing zone for purchase or sale of real estate, etc. or other transactions; or provides or divulges such information to others, in violation of Article 9 (2) or (4), shall be punished by imprisonment with labor for up to five years, or by a fine equivalent to at least three times but not more than five times the amount of property gains obtained or losses avoided: Provided, That where the amount of profit gained or loss avoided from a violation does not exist, or where it is difficult to calculate such amount, or where the amount equivalent to five times the property gains or the loss avoided from such violation does not exceed one billion won, the maximum amount of a fine shall be one billion won. <Amended on Apr. 1, 2021> |
| (2) | Where the amount of profit gained or loss avoided from the violation under paragraph (1) exceeds 500 million won, imprisonment with labor under paragraph (1) shall be aggravated as follows: <Newly Inserted on Apr. 1, 2021> |
| 1. | If the amount of profit gained or loss avoided is at least five billion won, imprisonment with labor for an indefinite term or for a term of at least five years; |
| 2. | If the amount of profit gained or loss avoided is at least 500 million won, but not more than five billion won, imprisonment with labor for a limited term of at least three years. |
| (3) | Where any person is punished by imprisonment with labor under paragraph (1) or (2), the fine prescribed in paragraph (1) shall be imposed concurrently. <Newly Inserted on Apr. 1, 2021> |
| (4) | The goods or property gains acquired by a person who committed an offense under paragraph (1) or knowingly acquired by a third party due to such offense shall be confiscated: Provided, That where it is impracticable to confiscate the same, the value of said goods or property gains shall be collected. <Newly Inserted on Apr. 1, 2021> |
| (5) | A person who uses, provides, or divulges information or data, in violation of Article 57-3 (4) of the Housing Act which is applied mutatis mutandis pursuant to Article 49-5 (7), shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won. <Newly Inserted on May 18, 2021> |
| (6) | Any person who uses, provides, or divulges financial information, etc. in violation of Article 48-5 (5) shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 30 million won. <Amended on Aug. 28, 2015; Apr. 30, 2019; Apr. 1, 2021; May 18, 2021> |
| Article 57-2 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 100 million won:
| 1. | A person who resells land or the right, qualifications, status, etc. to be supplied with land, in violation of Article 32-3 (1) or (2); |
| 2. | A person who is resold land or the right, qualifications, status, etc. to be supplied with land in violation of Article 32-3 (1) or (2), knowing that the resale is prohibited. |
[This Article Wholly Amended on Dec. 22, 2020]
| Article 57-3 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to three years, or by a fine not exceeding 30 million won: : Provided, That a person falling under subparagraph 3 or 4, in whose case three times the amount of gain from the violation exceeds 30 million won, shall be punished by imprisonment with labor for up to three years, or by a fine not exceeding three times the amount of such gain: <Amended on Dec. 22, 2020; May 18, 2021>
| 1. | A person who rents, or causes another person to rent, a rental housing unit by fraud or other improper means; |
| 2. | A person who transfers the right to rent a public rental housing unit or subleases or arranges to sublease a public rental housing unit, in violation of Article 49-4; |
| 3. | A person who resells the status of being selected as a tenant or ownership equity in a housing unit or a person who mediates such resale, in violation of Article 49-5 (1); |
| 4. | A person who resells the ownership equity in a housing unit without obtaining consent from a public housing project operator, in violation of Article 49-5 (3); |
| 5. | A public housing project operator who fails to make preferential conversion for sale to sell a housing unit a person who meets the qualifications under Article 50-3 (1) after notifying him or her of the matters relating to preferential conversion for sale pursuant to paragraph (2) of the same Article: Provided, That the same shall not apply where the person who meets the requirements under Article 50-3 (1) fails to accept a contract for preferential conversion for sale. |
[This Article Wholly Amended on Aug. 20, 2019]
| Article 57-4 (Penalty Provisions) |
A person who uses, provides, or divulges information or data in violation of Article 48-6 (2) (excluding where Article 48-5 (5) is violated) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won. [This Article Wholly Amended on Aug. 20, 2019]
| Article 58 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Apr. 5, 2010; Jan. 6, 2015; Jan. 20, 2015; Aug. 28, 2015; Nov. 26, 2019> |
| 1. | A person who engages in such activities as construction of a building, etc. without obtaining permission or revised permission required under Article 6-3 (1) 1 or 11 (1) or who obtains permission by fraud or other improper means; |
| 2. | A person who deceives people by falsely claiming that he has resided while in fact he has actually not resided during mandatory period of residence, in violation of Article 57-2 (7) of the Housing Act, which is applied mutatis mutandis pursuant to Articles 49-5 (6) and (7); |
| 3. | A person who violates an order to suspend, alter, etc. a project, etc. issued under Article 55 (1). |
| (2) | Deleted. <Jan. 6, 2015> |
| Article 59 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, employee, or other staff member of the corporation or an individual commits an offense under any of Articles 57, 57-2 through 57-4, and 58 in connection with the businesses of the corporation or the individual, not only shall such offender be punished, but the corporation or the individual shall also be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense. <Amended on Aug. 28, 2015>
| Article 60 (Administrative Fines) |
| (1) | A person who sells the relevant rental housing unit to a third party at a price exceeding the price for preferential conversion for sale notified to the lessee pursuant to Article 50-3 (2), in violation of paragraph (4) of the same Article, shall be subject to an administrative fine equivalent to twice the profit acquired from such violation: Provided, That the same shall not apply where the price for sale varies due to the appraisal at the time of recalculation of the sale price under Article 50-3 (6). <Newly Inserted on Dec. 22, 2020> |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Apr. 5, 2010; Jan. 17, 2012; Aug. 28, 2015; Nov. 26, 2019; Aug. 18, 2020; Dec. 22, 2020; Apr. 1, 2021; May 18, 2021> |
| 1. | A person who refuses to submit documents, etc., under Article 9 (6) submits false documents, etc., or refuses, obstructs, or evades the entry by, or investigation or inquiry from the relevant institution or enterprise without good cause; |
| 2. | A person who refuses or obstructs any activities conducted by a public housing project operator under Article 26 (1) without good cause; |
| 3. | A person who fails to submit a report or material under Article 54 (1) or submits a false report or material; |
| 4. | A person who refuses or obstructs an inspection conducted pursuant to Article 54 (1); |
| 4-2. | A person who refuses to submit documents, etc., under Article 57-3 (1) of the Housing Act which is applied mutatis mutandis under Article 49-5 (7), or who obstructs or evades entry into the relevant housing unit, investigation thereof, or inquiries; |
| 5. | A person who fails to apply for status as tenants or for purchase of a housing unit to a public housing project operator, in violation of Article 49-6 (1); |
| 6. | A person who refuses to submit documents, etc., or obstructs or evades entry into the relevant housing unit, investigation thereof, or inquiries under Article 49-7 (1);6 |
| 7. | A person who fails to report on a lease agreement under Article 49 (6) or submits a false report; |
| 8. | A person who fails to verify whether or not the lessee resides in the relevant housing unit, in violation of Article 50-3 (3); |
| 9. | A person who transfers a publicly-constructed rental housing converted for sale without reporting on the transfer of the publicly-constructed rental housing converted for sale, in violation of Article 50-5 (1). |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport or the head of a local government. <Amended on Mar. 23, 2013; Dec. 22, 2020> |
ADDENDA <Act No. 9511, Mar. 20, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of Article 59 shall enter into force on the date of the promulgation, and Article 8 (5) of the Addenda on August 7, 2009 respectively.
Article 2 (Applicability to Special Cases concerning the Framework Act on the Construction Industry) The amended provisions of Articles 38 and 39 shall apply only to housing construction projects for which a project plan will be approved pursuant to Article 35 (1) by the third anniversary of the date this Act enters into force. Article 3 (Applicability to Special Cases concerning Prearranged Areas for National Rental Housing Complex)
Article 4 (Transitional Measures concerning National Rental Housing Construction Projects)
Areas for which the designation of a prearranged area has already been publicly announced, areas for which public notice has already been given to gather consensus from residents and others with intent to designate a prearranged area pursuant to the Act on the Special Measures for the Construction of National Rental Housing, Etc. (excluding prearranged areas for which public notice of designation of a housing zone under Article 12 (1) is deemed given pursuant to Article 3 of the Addenda), and national housing homes subject to rental or sale in units for which an application for approval of a housing construction project plan has already been filed, or a housing construction project plan has already been approved, pursuant to the aforesaid Act as at the time this Act enters into force shall be governed by the previous Act on the Special Measures for the Construction of National Rental Housing, Etc. until each project therein ends. Article 5 (Transitional Measures concerning Purchase of National Rental Housing)
Article 6 (Transitional Measures concerning Administrative Dispositions)
Any administrative disposition against a violation committed before this Act enters into force shall be governed by the previous provisions.
Article 7 (Transitional Measures concerning Penalty Provisions)
In applying any penalty provisions to, or imposing an administrative fine for, an act done before this Act enters into force, such act shall be governed by the previous provisions.
Article 8 Omitted.
Article 9 (Relationship to Other Statutes or Regulations)
ADDENDA <Act No. 9552, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9982, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10238, Apr. 5, 2010>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Special Cases concerning Application of the National Land Planning and Utilization Act) The amended provisions of Article 13 shall begin to apply to the first housing zone for which a public announcement is made to gather consensus from the residents, etc. as prescribed in Article 10 after this Act enters into force. |
| (3) | (Applicability to Duty to Occupy) The amended provisions of Articles 50-2 and 50-3 shall begin to apply to the first housing units for which the invitation of tenants is publicly announced as prescribed in Article 38 of the Housing Act after this Act enters into force. |
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10335, May. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That ··· <omitted> ··· and Article 4 of the Addenda (limited to provisions regarding Articles 8-3 and 8-5 through 8-8) shall enter into force on the day specified as follows: | 1. | Seoul Special Metropolitan City, Incheon Metropolitan City, and Gyeonggi-do: Third anniversary of the enforcement date; |
| 2. | Gangwon-do and Chungcheongbuk-do: The day prescribed by Presidential Decree within 10 years from the enforcement date, through evaluating five-year performance of the areas specified in subparagraph 1. |
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10667, May 19, 2011>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 10764, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11187, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on August 1, 2012.
Article 2 (Applicability to Duty to Reside)
The amended provisions of Article 50-3 shall begin to apply to the first housing units, an invitation of tenants in which is announced on condition that tenants should reside therein pursuant to Article 38 of the Housing Act after the Special Act on the Construction of Bogeumjari Housing, Etc. (Act No. 10238) enters into force. Article 3 (Applicability to Examination Commission on Sale Prices of Bogeumjari Housing Units)
The amended provisions of Article 50-6 shall begin to apply to the first application for approval to invite tenants after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11926, Jul. 16, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12251, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Bogeumjari Housing Units)
The Bogeumjari housing units supplied under the previous Special Act on the Construction of Bogeumjari Housing, Etc. before this Act enters into force shall be deemed public housing units under this Act.
Article 3 (Transitional Measures concerning Bogeumjari Housing Zones)
The Bogeumjari housing zones designated and publicly notified under the previous Special Act on the Construction of Bogeumjari Housing, Etc. and the plans approved and publicly notified for developing Bogeumjari housing zones and for projects for the construction of Bogeumjari housing units under the aforesaid Act, before this Act enters into force, shall be deemed public housing zones and plans for developing public housing zones and for the projects for the construction of public housing units under this Act.
Article 4 (Transitional Measures concerning Purchase of Bogeumjari Housing Units)
The Bogeumjari housing units in the process of purchase or already purchased under the previous Special Act on the Construction of Bogeumjari Housing, Etc. but not yet supplied as at the time this Act enters into force shall be deemed public housing units under this Act.
Article 5 Omitted.
Article 6 (Relationship to Other Statutes or Regulations)
A citation of the Special Act on the Construction of Bogeumjari Housing, Etc. or of any provisions therein by any other statutes or regulations in force as at the time this Act enters into force shall be deemed a citation of this Act or any corresponding provisions in lieu of the previous provisions, if such corresponding provisions exist in this Act.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12959, Dec. 31, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 12971, Jan. 6, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12989, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 5 and 6 Omitted.
ADDENDA <Act No. 13050, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6-2 through 6-4 and 58 (1) 1 shall enter into force three months after the date of the promulgation. Article 2 (Applicability to Designation of Special Management Areas)
The amended provisions of Article 6-2 shall begin to apply to the first case where public notice on cancellation of the designation of a housing zone is given after the same amended provisions enter into force. Article 3 (Transitional Measures concerning Housing and Urban Fund)
"Housing and Urban Fund" in the amended provisions of Article 4 (1) 6 shall be deemed "national housing fund" until June 30, 2015. Article 4 Omitted.
ADDENDA <Act No. 13433, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13473, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 6-5 shall also apply to special management areas designated before this Act enters into force. In such cases, the period during which the head of a Si/Gun/Gu should take necessary measures against buildings, etc. shall be reckoned from the date this Act enters into force, notwithstanding the amendment to the main sentence of Article 6-5 (1).
ADDENDA <Act No. 13474, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 36 Omitted.
ADDENDA <Act No. 13498, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation: Provided, That the amended provisions of Article 40-3 shall enter into force on the date of the promulgation, except the change of "implementer" to "public housing project operator". Article 2 (General Transitional Measures)
Any disposition, any procedure, or other act made, taken, or done under the previous provisions as at the time this Act enters into force shall be deemed to have been made, taken, or done under this Act unless it conflicts with the provisions of this Act.
Article 3 (Applicability to Definition of Public Housing)
The amended provisions of subparagraph 1 of Article 2 shall begin to apply to the first case where a housing project plan is approved or any purchase contract or lease agreement is entered into after this Act enters into force. Article 4 (Transitional Measures concerning Prospective Tenants)
Where any prospective tenants are selected before this Act enters into force, preferential supply to such prospective tenants, transfer and acquisition of their status, and other relevant matters shall be governed by the previous provisions.
Article 5 (Transitional Measures concerning Council of Tenants' Representatives)
"Council of occupants' representatives first organized pursuant to Article 11 of the Multi-Family Housing Management Act" in the amended provisions of Article 50-4 shall be construed as "council of occupants' representatives first organized pursuant to Article 43 of the Housing Act" until August 11, 2016. Article 6 (Transitional Measures concerning Administrative Sis)
"Administrative Si under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City" in the amended provisions of Article 53 (2) shall be construed as "administrative Si under Article 15 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City" until January 24, 2016. Article 7 Omitted.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14333, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 6-5 shall enter into force on the date of the promulgation. Article 2 (Applicability to Preferential Supply of Public Housing Units to Housing Vulnerable Groups)
The amended provisions of Article 48 (2) shall begin to apply to the first case where inviting prospective tenants is publicly announced after this Act enters into force. Article 3 (General Transitional Measures)
Any disposition, any procedure, or other act made, taken, or done under the previous provisions as at the time this Act enters into force shall be deemed to have been made, taken, or done under this Act, unless it conflicts with the provisions of this Act.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That, among the statutes amended pursuant to Article 6 of the Addenda, the amended provisions of the statutes which have been promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on their respective enforcement dates. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14567, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation
Articles 2 through 40 Omitted.
ADDENDA <Act No. 14851, Aug. 9, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 6-3 shall enter into force on the date of the promulgation. Article 2 (Applicability to Restrictions on Qualification for Tenants of Long-Term Public Rental Housing)
The amended provisions of Article 49-8 shall begin to apply to the first person who transfers the lease right or subleases a public rental housing unit (including a person who is subleasing a public rental housing unit as at the time this Act enters into force) in violation of Article 49-4 after this Act enters into force, and begin to apply to the first public rental housing unit for which public announcement for collecting tenants is made after this Act enters into force.
ADDENDA <Act No. 14912, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14938, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 49-9 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Rearrangement of Neighboring Areas of Housing Zones)
The amended provisions of Article 7-2 (1) and (2) shall also apply to cases where an application is filed for approval or modification of a plan for a housing construction project as at the time this Act enters into force.
ADDENDA <Act No. 15460, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15522, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 30 Omitted.
ADDENDUM <Act No. 16137, Dec. 31, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16417, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 50 (2) shall enter into force six months after the date of the promulgation. Article 2 (Applicability to Advance Management Expenses)
The amended provisions of Article 50 (2) shall begin to apply to the first public housing project operator who enters into a lease agreement with a lessee after this Act enters into force. Article 3 (Transitional Measures concerning Return of Advance Management Expenses)
A public housing project operator shall return the advance management expenses he or she collected from a lessee under the relevant management rules or the standard lease agreement before this Act enters into force to the lessee when the lessee moves out due to the expiration of the period of the lease agreement, etc. after this Act enters into force.
ADDENDUM <Act No. 16488, Aug. 20, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16628, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Duties to Reside by Persons Selected as Tenants of Public Housing for Sale in Units)
Article 3 (Applicability to Purchase of Housing Units in Permitting Exceptional Resale of Public Housing for Sale in Units)
The amended provisions of Article 49-6 shall begin to apply to public housing for sale in units, for which the invitation of tenants is publicly announced after this Act enters into force.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 17171, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 17481, Aug. 18, 2020>
This Act shall enter into force two months after the date of its promulgation.
ADDENDA <Act No. 17486, Aug. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17734, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 50-3, 50-5, 57-3, and 60 shall enter into force three months after the date of its promulgation, and the amended provisions of Articles 32-3 and 57-2 shall enter into force on the date of its promulgation. Articles 2 (Applicability to Gathering Consensus from Residents)
The amended provisions of Article 10 (1) shall begin to apply to special management areas designated after this Act enters into force. Article 3 (Applicability to Expropriation of Land)
The amended provisions of Article 27 shall begin to apply to plans for a housing construction project approved after this Act enters into force. Article 4 (Applicability to Revocation of Supply Contracts)
| (1) | The amended provisions of Article 32-3 (3) shall begin to apply to the resale of land after the same amended provisions enter into force. |
| (2) | The amended provisions of Article 32-3 (4) shall begin to apply to persons subject to the supply of land selected after the same amended provisions enter into force. |
Article 5 (Applicability to Reporting on Sale of Public Rental Housing Units)
| (1) | The amended provisions of Article 50-5 shall begin to apply where a public housing project operator sells publicly-constructed rental housing units to any other public housing project operator after the same amended provisions enter into force. |
| (2) | The amended provisions of Article 50-5 shall also apply to housing units deemed publicly-constructed rental housing units under Article 6 (2) of the Addenda to the Rental Housing Act (Act No. 13499). In such cases, a "public housing project operator" shall be construed as a "rental business entity." |
Article 6 (Applicability to Preferential Conversion for Sale of Publicly-Constructed Rental Housing Units by Non-Public Housing Project Operators)
| (1) | Notwithstanding Article 6 (2) of the Addenda to the Rental Housing Act (Act No. 13499), the amended provisions of Articles 50-3, 57-3, and 60 shall also apply to housing units deemed publicly-constructed rental housing units pursuant to Article 6 (2) of the Addenda to the Rental Housing Act (Act No. 13499), the conversion for sale of which is not completed. In such cases, a "public housing project operator" shall be construed as a "rental business entity," "conversion for sale" as "sale for a person other than a rental business entity", and "after the expiry of the obligatory lease period" in the former part of Article 50-3 (2) as "after obtaining approval for conversion for sale pursuant to the previous provisions." |
| (2) | Notwithstanding paragraph (1), where a housing unit deemed a publicly-constructed rental housing unit under Article 6 (2) of the Addenda to the Rental Housing Act (Act No. 13499) has been approved for conversion for sale pursuant to the previous provisions, a period for which a lessee notified by a rental business entity that the lessee is entitled to preferential conversion for sale shall conclude a contract for conversion for sale pursuant to the amended provisions of Article 50-3 (2) shall be counted from the date the rental business entity obtains approval for conversion for sale pursuant to the previous provisions. |
Article 7 (Special Cases concerning Land of Which Registration of Transfer of Ownership Has Been Completed)
Notwithstanding the previous provisions of Article 32-3 (2), a person who takes over the status of a person subject to the supply of land and has completed the registration of the transfer of ownership from a public housing project operator before this Act enters into force shall be deemed to acquire the ownership of the relevant land at the time the registration of the transfer of ownership from the public housing project operator is completed. Article 8 (Special Cases concerning Preferential Conversion for Sale of Publicly-Constructed Rental Housing Units)
The amended provisions of Articles 50-3, 57-3, and 60 shall also apply to publicly-constructed rental housing units, whose conversion for sale under the previous Article 50-3 is not completed as at the time this Act enters into force. In such cases, notification of conversion for sale under the previous Article 50-3 (2) shall be deemed notification of conversion for sale under the amended provisions of Article 50-3 (2), and the period during which the lessee should accept preferential conversion for sale pursuant to the amended provisions of Article 50-3 (2) shall be counted from the date a public housing project operator notifies the lessees of conversion for sale pursuant to the previous Article 50-3 (2).
ADDENDUM <Act No. 17986, Apr. 1, 2021>
This Act shall enter into force on the date of its promulgation: Provided, That Article 9 (5) through (9) and the amended provisions of Article 60 (2) 1 shall enter into force three months after the date of promulgation of this Act.
ADDENDUM <Act No. 18183, May 18, 2021>
This Act shall enter into force three months after the date of its promulgation: Provided, That the following amended provisions shall enter into force on dates classified as follows:
| 1. | The title of Chapter V-2 and the amended provisions of Articles 40-2, 40-3 (2), and 40-6: The date of promulgation of this Act; |
| 2. | The amended provisions of Article 8 (3): The date on which three months elapse after the date of promulgation of this Act. |