ACT ON RESTRICTION OF SPECIAL CASES CONCERNING STATE PROPERTY
Act No. 10486, Mar. 30, 2011
Amended by Act No. 11241, Jan. 26, 2012
Act No. 11886, Jul. 16, 2013
Act No. 12862, Dec. 30, 2014
Act No. 13230, Mar. 27, 2015
Act No. 14031, Feb. 29, 2016
Act No. 14554, Feb. 8, 2017
Act No. 15207, Dec. 12, 2017
Act No. 15309, Dec. 26, 2017
Act No. 16329, Apr. 23, 2019
Act No. 16579, Nov. 26, 2019
Act No. 16904, Jan. 29, 2020
Act No. 17153, Mar. 31, 2020
Act No. 17138, Mar. 31, 2020
Act No. 18726, Jan. 11, 2022
The purpose of this Act is to contribute to the sound management of national finance through the promotion of the appropriate management of State property by prescribing matters concerning special cases concerning State property, such as the reduction of and exemption from fees of State property, etc., and the regulation thereof.
The term "special cases concerning State property" in this Act means any of the following:
| 1. | Reduction of and exemption from fees, rent, other prices for the use of or proceeds from State property (hereinafter referred to as "fees, etc.") to which Article 32 (1), 34 (1) or 47 (1) of the State Property Act does not apply; |
| 2. | A permit to use or lending of State property beyond the period (hereinafter referred to as "permission for long-term use, etc.") prescribed by Article 35 (1) or 46 (1) of the State Property Act; |
| 3. | Transfer of State property to which Article 55 (1) of the State Property Act does not apply. |
| Article 3 (Scope of Application) |
This Act shall not apply to any of the following cases: <Amended on Jan. 29, 2020; Jan. 11, 2022>
| 1. | Where fees, etc. of State property are reduced and exempted, a permission for long-term use of State property is granted, or State property is transferred as the prices for contributions to the State or provision of replacement facilities thereto (including cases corresponding thereto) by any statute; |
| 2. | Where permission to occupy or use State property is granted or State property is lent or transferred, in accordance with the Road Act, the River Act, the Small River Maintenance Act, the Public Waters Management and Reclamation Act, the Fishing Villages and Fishery Harbors Act, or the Harbor Act. |
| Article 4 (Regulation of Special Cases concerning State Property) |
| (1) | No special cases concerning any State property shall be prescribed without conforming to the statutes prescribed in the attached Table. <Amended on Dec. 30, 2014> |
| (2) | The attached Table of this Act cannot be amended by any statute other than this Act. |
| (3) | Where other statutes have provisions different from the attached Table of this Act regarding the duration of special cases concerning State property, the attached Table of this Act shall apply thereto, notwithstanding the provisions of such other statutes. <Newly Inserted on Jan. 11, 2022> |
| Article 5 (Basic Principles for Special Cases concerning State Property) |
Where the State newly establishes, modifies, or operates special cases concerning State property by enacting or amending a statute that provides for special cases concerning State property, the purpose of this Act and the following principles shall be complied with:
| 1. | The operation of special cases concerning State property shall conform to the interests of the entire State; |
| 2. | Special cases concerning State property shall be more appropriate than budgetary support, investment in kind, and other methods, as a method of financial support to persons eligible for special cases; |
| 3. | Purposes and subject matters of, and application requirements for, special cases concerning State property shall be prescribed specifically and clearly in a statute; |
| 4. | Special cases concerning State property shall be operated for the shortest period of time necessary to achieve the objectives thereof. |
[This Article Wholly Amended on Jan. 11, 2022]
| Article 5-2 (Duration Period of State Property) |
| (1) | Where any special case concerning State property is newly established, the duration period of the provisions of a statute governing such special case shall be specified in the attached Table. <Amended on Jan. 11, 2022> |
| (2) | The provisions of other statutes governing special cases concerning State property shall remain in force until the expiration of the duration period specified in the attached Table. <Newly Inserted on Jan. 11, 2022> |
| (3) | The duration period under paragraph (1) shall be set as the shortest period of time necessary to achieve the purpose of the special cases on State property and shall not exceed 10 years, except in cases of permission for long-term use, etc. <Amended on Jan. 11, 2022> |
[This Article Newly Inserted on Dec. 30, 2014]
[Title Amended on Jan 11, 2022]
| Article 6 (Examination on Establishment of Special Cases concerning State Property) |
| (1) | Where it is necessary to establish or change a special case concerning State property (hereinafter referred to as "establishment, etc." in this Article) by enacting or amending statutes or regulations, the head of each central government agency (referring to the head of a central government agency under Article 6 of the National Finance Act) shall request the Minister of Economy and Finance to examine the validity of the establishment, etc. of the special case concerning State property before he or she preannounces legislation of the relevant statutes or regulations. |
| (2) | Where the head of each central government agency requests an examination pursuant to paragraph (1), he or she shall submit a plan for the establishment, etc. of special cases concerning State property (hereinafter referred to as "plan"). |
| (3) | Where the Minister of Economy and Finance is requested to make an examination pursuant to paragraph (1), he or she shall examine whether the establishment, etc. of special cases concerning State property complies with the basic principles of special cases concerning State property under Article 5: <Amended on Jan. 11, 2022> |
| 1. | Deleted; <Jan. 11, 2022> |
| 2. | Deleted; <Jan. 11, 2022> |
| 3. | Deleted; <Jan. 11, 2022> |
| 4. | Deleted. <Jan. 11, 2022> |
| (4) | Where the Minister of Economy and Finance makes an examination pursuant to paragraph (3), he or she shall have the State Property Policy Deliberative Committee under Article 26 of the State Property Act deliberate thereon. |
| (5) | Where the Minister of Economy and Finance deems that, as a result of making an examination under paragraph (3), the establishment, etc. of special cases concerning State property fails to comply with the principles specified in the subparagraphs of Article 5, he or she may request the head of a central government agency who has submitted the relevant plan to review or revise the plan. <Amended on Jan. 11, 2022> |
| Article 7 (Inspection and Assessment on Special Cases concerning State Property) |
| (1) | The Minister of Economy and Finance shall conduct the following examinations and evaluations on a regular basis, after deliberation by the State Property Policy Deliberative Committee to efficiently manage and operate special cases concerning State property: <Amended on Jan. 11, 2022> |
| 1. | Examinations on the actual operational status, such as the amount of expenditure and procedures for administration of special cases concerning State property; |
| 2. | Evaluations of effectiveness and feasibility, such as the level of attainment of objectives, economic expenses, and performance of management in regard to special cases concerning State property. |
| (2) | The Minister of Economy and Finance may take the following measures based on the results of the examinations and evaluations under paragraph (1): <Amended on Jan. 11, 2022> |
| 1. | Where it is deemed that the operation of special cases concerning State property is inappropriate or it is unnecessary to maintain the special cases concerning State property: Requesting the head of the competent central government agency to improve the system, such as amending statutes or regulations for the repeal, etc. of the relevant special cases concerning State property; |
| 2. | Where it is deemed necessary to extend the duration period of special cases concerning State property: Promotion of amending statutes or regulations for the extension of the duration period of the relevant special cases concerning State property in consultation with the head of the competent central government agency. |
| (3) | The head of the competent central government agency who has been requested to improve the system pursuant to paragraph (2) 1 shall consult with the Minister of Economy and Finance by preparing measures such as amending statutes or regulations to repeal the relevant special cases concerning State property, etc. <Amended on Jan. 11, 2022> |
| (4) | Where the Minister of Economy and Finance deems it necessary for inspection and assessment under paragraph (1), he or she may request the head of the competent central government agency to submit necessary data. |
| (5) | The Minister of Economy and Finance shall disclose the outcomes of inspection and assessment under paragraph (1) to the public according to the method and procedure prescribed by Presidential Decree. |
| (6) | The Minister of Economy and Finance may entrust specialized research institutes with surveys and research related to the evaluations under paragraph (1) 2 and may pay expenses incurred in performing the entrusted affairs, within the budget. <Newly Inserted on Jan. 11, 2022> |
| (7) | Matters necessary for the specific methods, procedures, etc. for the evaluations under paragraph (1) 2 shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 11, 2022> |
| Article 8 (Formulation of Comprehensive Plans for Special Cases concerning State Property) |
| (1) | The head of each central government agency shall formulate a plan for special cases concerning State property for the next year and submit it to the Minister of Economy and Finance by no later than June 30 each year by including it in a plan for the next year on the management and disposition of State property under Article 9 (2) of the State Property Act. |
| (2) | The Minister of Economy and Finance shall formulate a comprehensive plan for special cases concerning State property by integrating and adjusting plans for special cases concerning State property for the next year submitted by the heads of the central government agencies pursuant to paragraph (1) and include it in a comprehensive plan for State property under Article 9 (3) of the State Property Act. |
| (3) | A comprehensive plan for special cases concerning State property shall include the following matters: |
| 1. | The basic-direction setting for operation of special cases concerning State property; |
| 2. | The actual outcomes and prospects of the operation of special cases concerning State property by types; |
| 3. | Kinds and sizes of State property, the use of which is to be permitted, or to be lent or transferred in the next year, and the basis for the calculation thereof; |
| 4. | Matters prescribed by Presidential Decree in addition to those under the provisions of subparagraphs 1 through 3. |
| Article 9 (Reports on Actual Outcomes of Operation) |
| (1) | The head of a central government agency shall submit the actual outcomes of operation according to a comprehensive plan for special cases concerning State property to the Minister of Economy and Finance by no later than the end of February of the next year by including it in the management and operation report of State property under Article 69 (1) of the State Property Act. |
| (2) | The Minister of Economy and Finance shall integrate the actual outcomes of operation submitted by the heads of the central government agencies pursuant to paragraph (1) and include it in the general management and operation report of State property under Article 69 (2) of the State Property Act. |
| Article 10 (Preparation of Expenditure Budget for Special Cases concerning State Property) |
| (1) | The Minister of Economy and Finance shall prepare a report in which the actual outcomes of funding in the immediately preceding fiscal year according to special cases concerning State property, such as reduction of and exemption from fees, etc., transfer, etc., and the estimated amount of funding in the relevant year and the next year are analyzed by types of special cases concerning State property (hereinafter referred to as "expenditure budget for special cases concerning State property"). |
| (2) | When necessary for preparing an expenditure budget for special cases concerning State property, the Minister of Economy and Finance may request the heads of the central government agencies to submit data. |
| (3) | Matters concerning the specific method of preparing an expenditure budget for special cases concerning State property shall be prescribed by Presidential Decree. |
| Article 11 (Consultation on Transfer of State Property) |
Where any of the following persons intends to transfer any State property under any statute other than the State Property Act, he or she shall have prior consultation with the Minister of Economy and Finance:
| 1. | The head of a central government agency; |
| 2. | A person to whom the affairs related to the administration and disposal of general property are delegated or entrusted under Article 42 (1) of the State Property Act. |
[This Article Newly Inserted on Dec. 30, 2014]
[Previous Article 11 moved to Article 12 <Dec. 30, 2014>]
| Article 12 (Restrictions on Uses of Transfer) |
| (1) | A person to whom State property is transferred under any statute shall use such property for the designated purpose for not less than 10 years from the date of transfer. |
| (2) | Where the head of a central government agency transfers State property, he or she shall register a special agreement to the effect that a transfer contract shall be terminated if any transferred property is used within 10 years for a purpose other than for what it was transferred. |
[Moved from Article 11; previous Article 12 moved to Article 13 <Dec. 30, 2014>]
| Article 13 (Delegation of Authority) |
| (1) | The Minister of Economy and Finance may delegate part of his or her business affairs regarding inspection and assessment on special cases concerning State property under Article 7 to the Administrator of the Public Procurement Service, as prescribed by Presidential Decree. |
| (2) | Where the Administrator of the Public Procurement Service conducts an inspection and assessment regarding special cases concerning State property pursuant to paragraph (1), he or she shall report the findings thereof to the Minister of Economy and Finance. |
[Moved from Article 12 <Dec. 30, 2014>]
ADDENDUM <Act No. 10486, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2011.
Article 2 (Applicability to Comprehensive Plans for Special Cases concerning State Property)
Article 8 shall apply to the comprehensive plan for special cases concerning State property formulated for the year 2012.
Article 3 (Applicability to Expenditure Budget for Special Cases concerning State Property)
Article 10 shall apply to an expenditure budget submitted to the National Assembly as documents attached to a budget bill for the year 2016 pursuant to subparagraph 14 of Article 34 of the National Finance Act.
Article 4 (Applicability to Restrictions on Uses of Transfer)
Article 11 shall apply to the first State property transferred by any Act after this Act enters into force.
Article 5 (Transitional Measures Following Enforcement of the Cancer Control Act)
The reduction of and exemption from fees, etc. under Article 38 of the Cancer Control Act in subparagraph 108 of the attached Table shall be deemed reduction of and exemption from fees, etc. under Article 13 of the National Cancer Center Act until May 31, 2011.
ADDENDA <Act No. 11241, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months from the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11886, Jul. 16, 2013>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 87 and 88 of the attached Table shall enter into force on September 12, 2013, and the amended provisions of subparagraph 196 of the attached Table shall enter into force on October 6, 2013.
ADDENDUM <Act No. 12862, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13230, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14031, Feb. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 205 of the attached Table shall enter into force on March 2, 2016.
Article 2 (Transitional Measures concerning Day-Care Facilities, Use of which Is Permitted to Local Governments)
The day-care facilities, the fees for use, etc. of which have been reduced or exempted in accordance with Article 11 of the Frame Act on Military Welfare, as at the time this Act enters into force, shall be deemed those the fees for use, etc. of which exempted or reduced in accordance with the amended provisions of Article 201 of the attached Table.
ADDENDUM <Act No. 14554, Feb. 8, 2017>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provision of subparagraph 209 of the attached Table shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15207, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 15309, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months from the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 16329, Apr. 23, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16579, Nov. 26, 2019>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 213 of the attached Table shall enter into force on November 28, 2019, and the amended provisions of Articles 214 and 215 of the attached Table shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16904, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 17138, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraphs 217 and 221 of the attached Table shall enter into force on the date of its promulgation.
Article 2 (Effective Period)
The amended provisions of subparagraphs 172, 216 through 220, and 222 of the attached Table shall remain in force until the date when five years elapse from the enforcement date of this Act.
The amended provisions of subparagraph 221 of the attached Table shall remain in force until the date when 15 years elapse from the enforcement date of this Act.
ADDENDA <Act No. 17153, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 18336, Jul. 27, 2021>
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. 18425, Aug. 17, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 18661, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 18726, Jan. 11, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Duration Period of Special Cases concerning State Property)
Permit to use or loan granted pursuant to the statutes governing the special case concerning State property and the provisions of the previous attached Table before this Act enters into force shall remain effective until the period of such permit to use or loan expires.