ENFORCEMENT DECREE OF THE URBAN DEVELOPMENT ACT
Wholly Amended by Presidential Decree No. 21019, Sep. 18, 2008
Amended by Presidential Decree No. 21231, Dec. 31, 2008
Presidential Decree No. 21565, jun. 26, 2009
Presidential Decree No. 21590, jun. 30, 2009
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21744, Sep. 21, 2009
Presidential Decree No. 22241, jun. 29, 2010
Presidential Decree No. 22395, Sep. 20, 2010
Presidential Decree No. 22493, Nov. 15, 2010
Presidential Decree No. 22525, Dec. 13, 2010
Presidential Decree No. 22665, Feb. 9, 2011
Presidential Decree No. 22896, Apr. 6, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23472, Dec. 30, 2011
Presidential Decree No. 23535, Jan. 25, 2012
Presidential Decree No. 23685, Mar. 26, 2012
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 23957, Jul. 17, 2012
Presidential Decree No. 23966, Jul. 20, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 24509, Apr. 22, 2013
Presidential Decree No. 24757, Sep. 17, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25358, May 22, 2014
Presidential Decree No. 25456, Jul. 14, 2014
Presidential Decree No. 25703, Nov. 4, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26302, jun. 1, 2015
Presidential Decree No. 26618, Nov. 4, 2015
Presidential Decree No. 27066, Mar. 29, 2016
Presidential Decree No. 27444, Aug. 11, 2016
Presidential Decree No. 27454, Aug. 16, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 27473, Aug. 31, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27972, Mar. 29, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28459, Dec. 5, 2017
Presidential Decree No. 28628, Feb. 9, 2018
Presidential Decree No. 28686, Feb. 27, 2018
Presidential Decree No. 28804, Apr. 17, 2018
Presidential Decree No. 29249, Oct. 23, 2018
Presidential Decree No. 29269, Oct. 30, 2018
Presidential Decree No. 29395, Dec. 18, 2018
Presidential Decree No. 29892, jun. 25, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 31005, Sep. 8, 2020
Presidential Decree No. 31012, Sep. 10, 2020
Presidential Decree No. 31176, Nov. 24, 2020
Presidential Decree No. 31243, Dec. 8, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31952, Aug. 24, 2021
Presidential Decree No. 31961, Aug. 31, 2021
Presidential Decree No. 32223, Dec. 16, 2021
Presidential Decree No. 32352, Jan. 21, 2022
Presidential Decree No. 32449, Feb. 17, 2022
Presidential Decree No. 32715, jun. 21, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe the matters delegated by the Urban Development Act and other matters necessary for the enforcement thereof.
CHAPTER II DESIGNATION OF URBAN DEVELOPMENT ZONES
| Article 2 (Areas to Be Designated as Urban Development Zones, and Scale Thereof) |
| (1) | Areas that may be designated as urban development zones pursuant to Article 3 of the Urban Development Act (hereinafter referred to as the “Act”) and the scale of such areas are as follows: <Amended on Dec. 30, 2011; Mar. 23, 2013; Jul. 14, 2014; Nov. 4, 2015> |
| (a) | Residential areas and commercial areas: At least 10,000 square meters; |
| (b) | Industrial areas: At least 30,000 square meters; |
| (c) | Green natural area: At least 10,000 square meters; |
| (d) | Productive green areas (applicable only to a productive green area, the scale of which does not exceed 30/100 of an area designated as an urban development zone): At least 10,000 square meters; |
| 2. | Areas other than an urban area: At least 300,000 square meters: Provided, That it shall be at least 100,000 square meters if a plan for constructing apartment houses or tenement houses among the multi-unit housing referred to in subparagraph 2 of Table 1 of the Enforcement Decree of the Building Act is included, satisfying each of the following requirements: |
| (a) | Where a site for an elementary school is secured within an urban development zone (including where an elementary school is established to admit students within the urban development zone or within a school-commute distance from the urban development zone) subject to consultation with the competent Office of Education; |
| (b) | Where an urban development zone is connected to a road referred to in any of Articles 12 through 15 of the Road Act or a road prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or a road with at least four lanes is opened with an urban development zone. |
| (2) | The designation of an urban development zone in any area other than a green natural area, a productive green area and an urban area shall be made according to the standards prescribed by the Minister of Land, Infrastructure and Transport only within an area available for development under a metropolitan plan or Urban/Gun master plan: Provided, That for an area for which no metropolitan plan or Urban/Gun master plan is formulated, the designation of an urban development zone may be made only within a green natural area or a planned management area. <Amended on Jun. 29, 2010; Apr. 10, 2012; Mar. 23, 2013> |
| (3) | The restrictions under paragraphs (1) and (2) shall not apply to any area deemed in need of planned urban development by a person who designates urban development zones under Article 3 of the Act (hereinafter referred to as “designating authority”), if such area is: <Amended on Mar. 23, 2013> |
| 3. | An area that the Minister of Land, Infrastructure and Transport intends to designate as an urban development zone for balanced national development after consulting with the heads of relevant central administrative agencies (excluding any natural environment conservation area referred to in subparagraph 4 of Article 6 of the National Land Planning and Utilization Act). |
| (4) | If an area to be designated as an urban development zone straddles at least two special-purpose areas, the designation of the area as an urban development zone shall be made in compliance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (5) | If an area has been partially developed several times for the same purpose or an area adjoining a developed area is developed, the designation of the area as an urban development zone shall be made in compliance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 3 Deleted. <Jun. 29, 2010> |
| Article 4 (Designation of Urban Development Zones by Minister of Land, Infrastructure and Transport) |
| (2) | “Cases prescribed by Presidential Decree” in Article 3 (3) 5 of the Act means where an urban development project is urgently required due to any natural disaster or other cause. |
[Title Amended on Mar. 23, 2013]
| Article 5 (Requests for Designation of Urban Development Zones) |
Where the head of a Si [excluding the head of a large city with a population of at least 500,000 (hereinafter referred to as “head of a large city”) referred to in Article 198 (1) of the Local Autonomy Act, other than Seoul Metropolitan City, a Metropolitan City, and a Special Self-Governing City] or Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) intends to request the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor to designate an urban development zone under Article 3 (4) of the Act, he or she shall submit the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor after consulting the relevant Si/Gun/Gu Urban Planning Committee established under Article 113 (2) of the National Land Planning and Utilization Act: Provided, That when he or she requests the designation of an urban development zone to conduct an urban development project in a district-unit planning zone according to a district-unit plan already established, he or she need not consult the Si/Gun/Gu Urban Planning Committee. <Amended on Jun. 29, 2010; Mar. 23, 2013; Dec. 16, 2021>
| Article 5-2 (Dividing or Combining Urban Development Zones) |
| (1) | Where an urban development zone may be divided into at least two project implementation districts under Article 3-2 (1) of the Act means where a designating authority deems it necessary to efficiently promote an urban development project and the area of each project implementation district divided is at least 10,000 square meters. |
| (2) | Where at least two areas apart (applicable only to areas within the same Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province or areas adjoining Special Metropolitan Cities, Metropolitan Cities, Dos, or Special Self-Governing Provinces) can be combined and designated as one urban development zone (hereinafter referred to as “combined development”) under Article 3-2 (1) of the Act means where at least one of the following areas, the scale of which is at least 10,000 square meters, is included in an urban development zone: Provided, That an area falling under subparagraph 6 shall be included even if its size is less than 10,000 square meters: <Amended on Apr. 22, 2013; Mar. 29, 2016; Mar. 29, 2017; Aug. 24, 2021> |
| 3. | Any of the following areas or districts (limited to where an urban development project can prevent and recover from disasters, etc. over a long period through disaster prevention facilities, resident safety facilities, etc.): |
| 4. | An area for which an urban development project is implemented through the phased development method under Article 21-2 of the Act; |
| 7. | An area for which a designating authority deems it necessary to apply the combined development method to conduct an urban development project efficiently. |
| (3) | Where a person who proposes the designation of an urban development zone under Article 11 (5) of the Act seeks to apply the combined development method, he or she shall obtain the consent of landowners (including persons holding superficies) under Article 11 (6) of the Act for each of the areas apart to be included in the urban development zone. |
| (4) | Where an implementer seeks to conduct an urban development project for areas apart by the combined development either by expropriating or using land under Article 22 (1) of the Act, he or she shall obtain the consent of landowners under the proviso of Article 22 (1) of the Act for each of the areas to be expropriated or used. |
| (5) | Where an implementer conducts an urban development project using the combined development method, he or she shall preferentially develop the areas referred to in the subparagraphs of paragraph (2): Provided, That the designating authority may otherwise determine it if necessary in light of the characteristics of the urban development project. |
| (6) | If deemed necessary, a designating authority may elect not to apply the restriction under Article 2 (2) to an area referred to in any of the subparagraphs of paragraph (2). |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 6 (Phased Development Planning) |
| (1) | “Area prescribed by Presidential Decree” in the proviso of Article 4 (1) of the Act means any of the following areas: |
| 2. | A productive green area referred to in Article 2 (1) 1 (d); |
| 3. | An area other than urban areas; |
| 5. | An area in which the aggregate of the residential areas, commercial areas, and industrial areas included in the relevant urban development zone does not exceed 30/100 of the total area of the urban development zone designated. |
| (2) | Where a designating authority invites proposals for a development plan under the former part of Article 4 (2) of the Act after designating an urban development zone, it shall publicly announce the following matters each in a daily newspaper distributed either nationwide or primarily in the relevant area, in the Official Gazette or its official bulletin, and on the website, specifying a period for submission of proposals for at least 90 days: <Newly Inserted on Mar. 26, 2012; Nov. 24, 2020> |
| 1. | A summary of the urban development project; |
| 2. | Qualifications to submit a proposal and schedule; |
| 3. | A plan for evaluating and examining proposals for the development plan; |
| 4. | Procedures for designating the implementer of the urban development project; |
| 5. | Guidelines for preparing proposals for the development plan; |
| 6. | Other matters necessary for inviting proposals for the development plan, in addition to those provided for in subparagraphs 1 through 5. |
| (3) | If at least two proposals are submitted under paragraph (2), the designating authority may organize a proposal examination committee to examine proposals for the development plan. In such cases, matters necessary for the organization, operation, etc. of the proposal examination committee shall be determined by the designating authority. <Newly Inserted on Mar. 26, 2012> |
| (4) | The number of consenters under Article 4 (4) of the Act shall be calculated as follows: <Amended on Mar. 26, 2012; Aug. 24, 2021> |
| 1. | Where the area of land in an urban development zone is calculated: It shall include the areas of State-owned land and public land; |
| 2-2. | Where one person owns at least two parcels of land independently: The landowner shall be deemed one person regardless of the number of parcels; |
| 2-3. | Where several persons co-own at least two parcels of land: One representative of several co-owners shall be deemed a landowner; |
| 3. | Where the number of landowners increases following division into sectional ownership defined in subparagraph 1 of Article 2 of the Act on Ownership and Management of Condominium Buildings after the date of a public inspection or public announcement under Article 11 (2): The number of consenters shall be calculated based on the number of landowners as at the date of the public inspection or public announcement, and the increased number of landowners shall be disregarded for the purpose of calculating the total number of landowners; |
| 4. | Where a person has withdrawn consent before the designation of an urban development zone is proposed under Article 11 (5) of the Act or a modification of an urban development project plan (hereinafter referred to as “development plan”) for an urban development zone is requested under Article 4 (2) of the Act: He or she shall be excluded from the number of consenters; |
| 5. | Where a landowner has been changed during the period from the date the designation of an urban development zone is proposed under Article 11 (5) of the Act to the date a development plan is formulated under Article 4 of the Act, or during the period from the date a request is made to modify a development plan under Article 4 (2) of the Act to the date the development plan is modified: The number of consenters shall be calculated based on the written consents of the existing landowners. |
| (5) | If the requirement for consent under Article 4 (4) of the Act is satisfied as regards the total area of private land, excluding State-owned land and public land, and all landowners, but the area of land and the number of landowners subsequently fails to meet the legal requirement for consent, consent shall be obtained from the agencies in charge of managing the State-owned land and public land. <Amended on Mar. 26, 2012> |
| (6) | Where a landowner gives or withdraws consent, he or she shall submit a written consent or a written withdrawal of consent prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the representative of the co-owners of jointly-owned land shall submit such written consent or written withdrawal of consent, along with the written consent to designate him or her as the co-owners’ representative and other documents evidencing his or her own and the other co-owners’ identity. <Amended on Mar. 26, 2012; Mar. 23, 2013> |
| (7) | Except as provided in paragraphs (4) through (6), further details about the methods, procedures, etc. for calculating the number of consenters shall be determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 26, 2012; Mar. 23, 2013> |
| Article 7 (Minor Modifications to Development Plans) |
| (1) | “Modification of minor matters prescribed by Presidential Decree” in the latter part of Article 4 (4) of the Act means a modification to a development plan, excluding the following cases: <Amended on Mar. 26, 2012; Apr. 10, 2012; Jun. 21, 2022> |
| 1. | Where modifying the area of land to which the replotting method applies, falls under any of the following: |
| (a) | Where the land area to be incorporated is at least 5/100 of the existing land area (referring to the land area as at the time a development plan is formulated or modified with the consent of landowners under Article 4 (4) of the Act; hereafter in this Article the same shall apply) to which the replotting method applies (if minor modifications are made several times, the results shall be aggregated; hereafter in this Article the same shall apply); |
| (b) | Where the land area to be excluded is at least 10/100 of the existing land area to which the replotting method applies; |
| (c) | Where the area to be incorporated or excluded is at least 30,000 square meters; |
| (d) | Where the area to which the replotting method applies, due to the incorporation or exclusion of land increases or decreases by at least 10/100 of the existing area; |
| 2. | Where a road at least 12 meters in width is newly opened or permanently closed; |
| 3. | Where a project implementation district is divided or recombined after division; |
| 5. | Where a population to be admitted increases or decreases by at least 10/100 of the existing population (excluding where a population to be admitted after modification is less than 3,000); |
| 5-2. | Where the area of construction sites of rental housing (referring to private rental housing under the Special Act on Private Rental Housing and public rental housing under the Special Act on Public Housing; hereinafter the same shall apply) or the number of units of rental housing decreases by at least 10/100 of the existing area or number of units; |
| 6. | Where the floor area ratio of an urban development zone, except infrastructure, increases by at least 5/100 of the existing ratio; |
| 7. | Where modifying a land utilization plan (only with respect to the most subordinate use of land classified in the existing development plan, excluding infrastructure) referred to in Article 5 (1) 7 of the Act falls under any of the following: Provided, That this shall be limited to where a modified area by use is at least 1,000 square meters: |
| (a) | Where an area by use increases or decreases by at least 10/100 of the existing area; |
| (b) | Where the total area of land for a new purpose is at least 5/100 of the area of the existing urban development zone (excluding the area of the infrastructure sites); |
| 8. | Where the expenses incurred in building infrastructure under Article 5 (1) 13 of the Act increase by at least 5/100 of the existing expenses; |
| 10. | Where an Urban/Gun management plan for a special-purpose area, special-purpose district or special-purpose zone is modified (excluding cases falling under subparagraphs 1 through 4 and 7); |
| 11. | Where a designating authority imposes an important condition in designating an urban development zone to protect landowners’ rights and interests or it is determined by ordinance of a City/Do. |
| (2) | Notwithstanding paragraph (1), where any modifications to a development plan that reflect any of the following outcomes result in an increase in the project costs by less than 10/100, such modifications shall be deemed modifications to minor matters: <Amended on Jun. 21, 2022> |
[This Article Wholly Amended on Dec. 30, 2011]
| Article 8 (Matters to Be Included in Development Plans) |
| (1) | “Matters prescribed by Presidential Decree” in Article 5 (1) 17 of the Act means each of the following: <Amended on Dec. 8, 2011; Dec. 30, 2011; Mar. 26, 2012; Apr. 10, 2012; Mar. 23, 2013> |
| 1. | A school facility plan; |
| 2. | A cultural heritage protection plan; |
| 3. | A plan for high-speed information and communications network; |
| 4. | A plan for underground utilities, including common utility ducts; |
| 5. | A plan for the existing buildings, structures, etc.; |
| 6. | A plan for attracting industries and a plot plan; |
| 7. | If it is necessary to build infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act in an area outside an urban development zone, to be used for the urban development zone, matters pertaining to a plan for building the infrastructure outside the urban development zone; |
| 8. | A plan for supplying integrated energy; |
| 9. | A plan for cultural facilities, including exhibition halls and concert halls; |
| 10. | A plan for day-care centers; |
| 11. | A plan for creating a low-carbon green city; |
| 12. | A plan for development density, such as a floor area ratio and a population to be admitted; |
| 14. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where an urban development zone is to be designated in either an area other than an urban area or a green area, the environmental conservation plan referred to in Article 5 (1) 9 of the Act shall include the findings from examining environmental impacts (referring to the findings from the strategic environmental impact assessment, if conducted under the Environmental Impact Assessment Act). <Amended on Jul. 20, 2012> |
| Article 9 (Matters to Be Included in Development Plans When Designating Urban Development Zones) |
| 1. | The name, location, and area of an urban development zone; |
| 2. | Objectives for designating an urban development zone; |
| 3. | Methods for implementing an urban development project; |
| 4. | Matters concerning an implementer; |
| 5. | A summary of plan to admit a population; |
| 6. | A summary of the land utilization plan. |
| (2) | The standards for preparing the plans referred to in paragraph (1) 5 and 6 shall be determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 10 (Details of Basic Surveys) |
| (1) | An implementer or a person who intends to become an implementer under Article 6 (1) of the Act may investigate or survey the following: <Amended on Apr. 10, 2012; Mar. 23, 2013> |
| 1. | Changes and trends in the population of an area that forms the same residential zone as the area to be designated as a city or urban development zone; |
| 2. | The status of the population, land utilization, obstacles, and various development projects in an urban development zone; |
| 3. | Traffic conditions of adjacent areas; |
| 4. | The frequency and status of storm and flood damage, landslides, ground subsidence and other disasters; |
| 5. | Matters concerning superordinate plans, such as an Urban/Gun master plan and a metropolitan plan; |
| 6. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | If any investigation or survey data is available under other statutes or regulations with respect to the matters to be investigated and surveyed under paragraph (1), such data may be utilized. |
| Article 11 (Gathering Consensus from Inhabitants) |
| (1) | The Minister of Land, Infrastructure and Transport or the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a “Mayor/Do Governor”) shall forward copies of relevant documents to the heads of relevant Sis/Guns/Gus if he or she intends to gather consensus from inhabitants about the designation of an urban development zone under Article 7 of the Act. <Amended on Mar. 23, 2013> |
| (2) | The head of a Si/Gun/Gu shall, upon receipt of copies of relevant documents under paragraph (1), or when intending to gather consensus from inhabitants under Article 7 of the Act, publicly announce the following matters in at least two daily newspapers distributed either nationwide or primarily in the relevant area and on the website of the Si/Gun/Gu to make them available to the public for a period of at least 14 days: Provided, That when the area of the urban development zone is less than 100,000 square meters, he or she may publicly announce them in the official bulletin and on the website of the Si/Gun/Gu, not in daily newspapers: <Amended on Mar. 23, 2013> |
| 1. | A summary of a plan for designation and development of the urban development zone; |
| 2. | The implementer of and the methods for implementing the urban development project; |
| 3. | The period for public inspection; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Any person who intends to give an opinion about the matters publicly announced under paragraph (2) may submit a written opinion to the person who has made a public announcement of the designation of the urban development zone within the period for public inspection set under paragraph (2) 3 (hereafter in this Article and Article 13 referred to as “period for public inspection”). |
| (4) | The head of a Si/Gun/Gu shall combine the written opinions submitted under paragraph (3) and submit them to the Minister of Land, Infrastructure and Transport (limited to where the Minister of Land, Infrastructure and Transport has forwarded copies of relevant documents to the head of the Si/Gun/Gu under paragraph (1); hereafter in this Article the same shall apply) and the competent Mayor/Do Governor, and if no written opinions have been submitted, he or she shall give notice thereof to the Minister of Land, Infrastructure and Transport and the competent Mayor/Do Governor: Provided, That the same shall not apply where the designating authority is the head of a large city. <Amended on Mar. 23, 2013> |
| (5) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the head of a Si/Gun/Gu shall examine as to whether or not to reflect the opinions submitted under paragraph (3) in the public announcement, and notify the presenters of those opinions of the result within 30 days after the expiration of the period for public inspection. <Amended on Mar. 23, 2013> |
| Article 12 (Matters Exempt from Gathering Consensus from Residents) |
“Minor matters prescribed by Presidential Decree” in the latter part of Article 7 (1) of the Act means none of the following: | 1. | Where the aggregate of the area to be incorporated and the area to be excluded is at least 5/100 of the area of the existing urban development zone (referring to the area of the urban development zone as at the time the urban development zone is designated or modified, after gathering consensus from inhabitants, etc. pursuant to Article 7 (1) of the Act) or is at least 10,000 square meters (if minor modifications are made several times, the results shall be aggregated); |
| 3. | Where a designating authority deems it important to protect landowners’ rights and interests or it is determined by ordinance of a City/Do. |
[This Article Wholly Amended on Dec. 30, 2011]
| Article 13 (Public Hearings) |
| (1) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall hold a public hearing under Article 7 of the Act after the expiration of the period for public inspection if the area of a zone intended for an urban development project is at least 1,000,000 square meters (including where the area is at least 1,000,000 square meters after the urban development plan is modified under Article 4 (3) of the Act). <Amended on Mar. 26, 2012; Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu that intends to hold a public hearing under paragraph (1) shall publicly announce the following matters at least once in a daily newspaper distributed either nationwide or primarily in the relevant area and on the website thereof, by no later than 14 days before the scheduled date of the public hearing: Provided, That the same shall not apply where the following matters are already included in the public announcement made under Article 11 (2): <Amended on Mar. 23, 2013> |
| 1. | The objectives of the public hearing; |
| 2. | The scheduled date and venue of the public hearing; |
| 3. | A summary of a plan for designation and development of the urban development zone; |
| 4. | Applications to present opinions; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | If a public hearing fails to be held or has faltered two times due to any cause not attributable to the Minister of Land, Infrastructure and Transport, the relevant Mayor/Do Governor or head of Si/Gun/Gu, it may be omitted. In such cases, the reasons the public hearing is omitted and the timing, methods, etc. for otherwise presenting opinions shall be publicly announced pursuant to paragraph (2) so that the inhabitants’ consensus can be gathered. <Amended on Mar. 23, 2013> |
| (4) | A public hearing shall be chaired by a person designated by the entity that holds the public hearing. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for holding public hearings may be determined by the Minister of Land, Infrastructure and Transport or by ordinance of a local government, depending on who holds them. <Amended on Mar. 23, 2013> |
| Article 14 (Matters Exempt from Review by the Urban Planning Committee) |
| (1) | “Where it modifies minor matters prescribed by Presidential Decree” in the proviso of Article 8 (1) of the Act means where it modifies a development plan, excluding the following cases: <Amended on Apr. 10, 2012; Jun. 21, 2022> |
| 1. | Where Article 7 (1) 2 through 5, 5-2, and 6 through 10 applies. In such cases, “existing” in the relevant provision means the time when an urban development zone is designated or modified or a development plan is formulated or modified after deliberation by the Urban Planning Committee under Article 8 (1) of the Act; hereafter in this Article, the same shall apply; |
| 2. | Where the area of an urban development zone increases or decreases by at least 10/100 of the existing area; |
| 3. | Where a designating authority deems it important to realize the objectives set forth in an Urban/Gun master plan or it is prescribed by ordinance of a City/Do. |
| (2) | Notwithstanding paragraph (1), any modification to a development plan that reflects any of the following outcomes shall be deemed an insignificant modification: <Amended on Aug. 24, 2021> |
[This Article Wholly Amended on Dec. 30, 2011]
| Article 14-2 (Consultation with Minister of Land, Infrastructure and Transport about Designation of Urban Development Zones) |
| (1) | “Where the urban development zone to be designated falls under the cases prescribed by Presidential Decree, including where the zone is not smaller than a certain scale or is related to the plan of the State” in Article 8 (3) of the Act means the following cases: <Amended on Jun. 21, 2022> |
| 1. | Where the area of the urban development zone to be designated is at least 500,000 square meters; |
| (2) | Where a designating authority intends to request consultation with the Minister of Land, Infrastructure and Transport pursuant to Article 8 (3) of the Act, it shall submit a written request accompanied by the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 29, 2010]
[Title Amended on Dec. 5, 2017]
| Article 15 (Public Notifice and Public Inspection of Designation of Urban Development Zones and Formulation of Development Plans) |
| (1) | Upon designating an urban development zone, a designating authority shall publish notice of the following matters in the Official Gazette or on its official bulletin pursuant to the former part of Article 9 (1) of the Act: Provided, That the matters referred to in subparagraph 7-2 may be publicly notified after he or she designates an implementer: <Amended on Mar. 26, 2012; Apr. 10, 2012; Mar. 23, 2013> |
| 1. | The name of the urban development zone; |
| 2. | The location and area of the urban development zone; |
| 3. | The objectives for designating the urban development zone; |
| 4. | The implementer (referring to a proposer if no implementer has been designated) and the location of the principal office thereof; |
| 5. | The period of and method for implementing the urban development project; |
| 6. | A land utilization plan and an infrastructure plan; |
| 7. | The details of land prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (excluding where the particulars of land are publicly notified under subparagraph 7-2 as at the time the urban development zone is designated); |
| 10. | The methods for inspecting related books; |
| 11. | Matters concerning an Urban/Gun management plan (including those deemed determined as an urban area or district-unit planning zone under Article 9 (2) of the Act); |
| 12. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a designating authority formulates a development plan after having designated an urban development zone under the proviso of Article 4 (1) of the Act, it may publicly notify some of the matters provided in the subparagraphs of paragraph (1) (must include the matters provided in paragraph (1) 1 through 4, 7 and 10) and the matters provided in Article 9 (1) 5 and 6 after having designated the urban development zone, notwithstanding paragraph (1). In such cases, each of the matters provided in paragraph (1) may be publicly notified if the development plan is formulated. <Amended on Mar. 26, 2012> |
| (3) | When a designating authority modifies a development plan, he or she shall publicly notify the matters provided in paragraph (1) 1 through 5 and the modification. |
| (4) | The period for public inspection of the relevant documents under Article 9 (1) of the Act shall be at least 14 days. |
| Article 16 (Activities Subject to Permission) |
| (1) | Activities to be permitted by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun under Article 9 (5) of the Act are as follows: <Amended on Jan. 5, 2021> |
| 1. | Construction, etc. of buildings: Constructing, substantially repairing, or changing uses of buildings (including any temporary buildings) defined in Article 2 (1) 2 of the Building Act; |
| 3. | Changing the shape and quality of land: Changing the shape of land by cutting, embanking, leveling, or paving the ground, excavating land, or reclaiming public waters; |
| 4. | Gathering soil and stones: Gathering soil and stones, such as earth, sand, gravel, and rocks: Provided, That subparagraph 3 shall apply to intended change in the shape and quality of land; |
| 6. | Piling goods: Piling goods not easily movable for at least one month; |
| 7. | Lumbering and planting bamboo. |
| (2) | When the Special Metropolitan City Mayor, Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun intends to grant permission to engage in any of the conduct provided in paragraph (1) pursuant to Article 9 (5) of the Act, he or she shall hear in advance opinions of an implementer, if designated under Article 11 of the Act. |
| 1. | Installing simple structures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, directly used for production of agricultural, forest and fishery products; |
| 2. | Changes in the shape and quality of land for farming; |
| 3. | Gathering soil and stones to the extent that does not impede the development of an urban development zone or harm the natural scenery; |
| 4. | Piling goods on sites determined to be remained within an urban development zone; |
| 5. | Temporarily planting decorative bamboo (excluding temporary planting in arable land). |
| (4) | Any person who intends to report his or her construction works or project under Article 9 (7) of the Act shall submit a report prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, accompanied by the document stating the progress of the construction works or project, and an implementation plan to the Special Metropolitan City Mayor, Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun within 30 days from the date the urban development zone is designated and publicly notified. <Amended on Mar. 23, 2013> |
| Article 17 (Public Notifice of Cancellation of Designation of Urban Development Zones, and Public Inspection) |
| (1) | Upon cancellation of the designation of an urban development zone under Article 10 (1) and (2) of the Act, the relevant designating authority shall publish notice of the following matters in the Official Gazette or on its official bulletin pursuant to the former part of paragraph (4) of that Article: <Amended on Apr. 10, 2012; Mar. 23, 2013> |
| 1. | The name of the urban development zone; |
| 2. | The location and area of the urban development zone; |
| 3. | Reasons for cancellation of the urban development zone; |
| 4. | Restoration to the original state or abolition of a special-purpose area, special-purpose district, special-purpose zone, or urban/Gun planning facilities under the National Land Planning and Utilization Act; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | The period for public inspection of relevant documents under the latter part of Article 10 (4) of the Act shall be at least 14 days. |
| Article 17-2 (Measures to Prevent Real Estate Speculation) |
Where real estate speculation is or is likely to be caused by the designation of an urban development zone in the area and its surrounding area under Article 10-2 (4) of the Act, a designating authority shall formulate and implement the following measures to prevent real estate speculation: | 1. | Designation of an overheated speculation district under Article 63 of the Housing Act for an area in which real estate speculation or a sharp increase in real estate prices is expected due to a proposal, etc. for the designation of an urban development zone; |
| 2. | Restrictions on permitting development activities to prevent reckless development in an urban development zone and its surrounding area; |
| 3. | Self-security measures for persons directly or indirectly involved in the process of conducting surveys, providing services, holding consultations, or similar activities for the designation of an urban development zone; |
| 4. | Other measures deemed necessary for the prevention of real estate speculation in an urban development zone and its surrounding area, including for the purposes of stabilizing real estate prices under other statutes or regulations. |
[This Article Newly Inserted on Aug. 24, 2021]
CHAPTER III IMPLEMENTATION OF URBAN DEVELOPMENT PROJECTS
Section 1 Implementers and Implementation Plans
| Article 18 (Implementers) |
| (1) | “Public institutions prescribed by Presidential Decree” in Article 11 (1) 2 of the Act means: <Amended on Jun. 26, 2009; Sep. 21, 2009; Dec. 30, 2011; Feb. 27, 2018> |
| 2. | Deleted; <Sep. 21, 2009> |
| 7. | The purchasing public institutions referred to in Article 43 (3) of the Special Act on the Construction and Development of Innovation Cities (limited to development of existing real estate defined in subparagraph 6 of Article 2 of that Act and its environs). |
| (2) | “Government-funded institutions prescribed by Presidential Decree” in Article 11 (1) 3 of the Act means: <Amended on Sep. 17, 2013; Sep. 10, 2020> |
| 1. | The Korea National Railway established under the Korea National Railway Act (limited to implementation of projects for developing station areas defined in subparagraph 2 of Article 2 of the Act on Developing and Using Station Areas); |
| 2. | The Jeju Free International City Development Center established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (limited to implementation of development projects within Jeju Special Self-Governing Province). |
| (3) | “Corporation meeting requirements prescribed by Presidential Decree” in Article 11 (1) 7 of the Act means either of the following: <Amended on Mar. 26, 2012> |
| 1. | A corporation that has run a business with factories, or has held its main office or principal office (hereafter in this Article referred to as “headquarters”), for at least three consecutive years within an overconcentration control region under Article 6 (1) 1 of the Seoul Metropolitan Area Readjustment Planning Act (hereafter in this Article referred to as “overconcentration control region”) and relocates either all of the factories or the headquarters outside of the Seoul Metropolitan area defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act (hereinafter referred to as the “Seoul Metropolitan area”). In such cases, the number of employees transferred following the relocation of the factories or headquarters (if several corporations are relocated together, the total number of employees thereof) shall be at least 500; |
| 2. | An educational foundation that has a university or college defined in subparagraph 1 of Article 2 of the Higher Education Act (excluding any graduate school university or college referred to in Article 30 of that Act) within an overconcentration control region and that relocates all facilities of the university or college outside of the Seoul Metropolitan area. |
| (4) | “Person meeting requirements prescribed by Presidential Decree” in Article 11 (1) 8 of the Act means a person meeting all of the following requirements: Provided, That excluded herefrom is any corporation undergoing rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act: <Amended on Mar. 23, 2013; Aug. 11, 2016> |
| 1. | The average business performance over the last three years (referring to site development expenses and excluding compensation expenses) submitted under Article 10 of the Housing Act shall be at least the average annual project cost (excluding compensation expenses) incurred in relation to the relevant urban development project; |
| 2. | Management soundness shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | “Person meeting requirements prescribed by Presidential Decree” in Article 11 (1) 9 of the Act means either of the following whose management soundness meets the standards determined and publicly notified by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That excluded herefrom is any corporation undergoing rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act: <Amended on Mar. 23, 2013; Oct. 30, 2018> |
| 1. | A person who has filed for registration to operate a business performing general construction works (limited to the civil engineering work business and civil engineering and building work business) under the Framework Act on the Construction Industry and whose amount of the execution capacity appraised and publicly announced under Article 23 of that Act shall be at least the average annual project cost (excluding compensation expenses) incurred in relation to the relevant urban development project; |
| 3. | Management soundness shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (7) | “Person meeting requirements prescribed by Presidential Decree” in Article 11 (1) 10 of the Act means either of the following persons whose amount of liabilities in the financial statements is less than two times the capital based on the investment report publicly announced under Article 37 of the Real Estate Investment Company Act as at the filing date of an application for designation of an implementer and against whom no measures referred to in any of Article 39 (2) 1 and 2 of that Act and Article 41 (4) 1 of the Enforcement Decree of that Act have been taken for the last three years: Provided, That excluded herefrom is any corporation undergoing rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act: <Newly Inserted on Jul. 17, 2012; Aug. 24, 2021> |
| 1. | A person whose average annual aggregate of the investment and management records of assets invested and managed through methods specified in Article 21 (2) 1 and 2 for matters referred to in Article 21 (1) 1 through 3 of the Real Estate Investment Company Act (for an entrusted management real estate investment trust, referring to the average annual aggregate of the records of investment and management by an asset management company entrusted with the asset investment and management business by the real estate investment trust) for the last three years shall be at least the average annual project cost incurred in relation to the relevant urban development project; |
| (8) | “Corporation meeting requirements prescribed by Presidential Decree” in Article 11 (1) 11 of the Act means either of the following: <Newly Inserted on Jul. 17, 2012> |
| (c) | A mutual-aid association established under Acts; |
| Article 19 (Applications for Designation of Implementers) |
| (1) | Each person who intends to be designated as an implementer under Article 11 (1) of the Act shall submit an application for designation of a project implementer stating the following matters to the designating authority via the head of the competent Si (excluding the head of a large city) or the head of the competent Gun/Gu, which shall also apply when he or she amends details of the designation: Provided, That the same shall not apply where the designating authority directly implements an urban development project, and if the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a large city is the designating authority, he or she may submit such application directly to the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a large city: <Amended on Mar. 26, 2012; Mar. 23, 2013> |
| 1. | The name (for a corporation, its name and the name of its representative) and address of the applicant; |
| 2. | A summary of the project implementation plan: |
| (a) | The name of the project; |
| (b) | The objectives of implementing the project; |
| (c) | The details of the project; |
| (d) | The period for implementing the project; |
| (e) | The methods for implementing the project. |
| (2) | The application for designation of a project implementer submitted under paragraph (1) shall be accompanied by the following documents and drawings: |
| (3) | Except as provided in paragraphs (1) and (2), the designation of implementers and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 20 (Designation of Implementers by Replotting) |
| (1) | “Person prescribed by Presidential Decree” in the former part, with the exception of the subparagraphs, of Article 11 (2) of the Act means the Korea Land and Housing Corporation, a local government-invested public corporation established under the Local Public Enterprises Act (hereinafter referred to as "local government-invested public corporation"), and an entity falling under Article 18 (5) 2. <Amended on Sep. 21, 2009; Dec. 5, 2017> |
| (2) | “Period prescribed by Presidential Decree” in Article 11 (2) 1 of the Act means a period not exceeding one year from the date a development plan is formulated and publicly notified under Article 9 (1) of the Act: Provided, That when a designating authority extends the period for filing applications for designation of an implementer by up to six months because it deems the extension unavoidable, it refers to the extended period. <Amended on Jun. 29, 2010> |
| Article 21 (Rules for Urban Development Projects) |
Rules formulated by persons who intend to jointly implement an urban development project under Article 11 (3) of the Act shall include the following matters: Provided, That subparagraphs 12, 14, 16, and 18 shall be included only where an urban development project is implemented by replotting: <Amended on Mar. 23, 2013> | 1. | The name of the project; |
| 2. | The objectives of the project; |
| 3. | The location and area of the urban development zone; |
| 4. | The period for implementing the project; |
| 5. | The scope of the project; |
| 6. | The location of the principal office; |
| 7. | Qualifications, number, terms of office, duties, and method for appointment of executive officers, if applicable; |
| 8. | Matters concerning meetings; |
| 9. | Apportionment of expenses; |
| 10. | Accounting and contracts; |
| 11. | The methods for giving public announcement; |
| 12. | The organization and operation of the Land Appraisal Council; |
| 13. | The method for assessing the value of land, etc.; |
| 14. | The replotting plan and the designation of reserved land for replotting; |
| 15. | The management and disposal of land, etc.; |
| 16. | The management and disposal of reserved land and land allotted by the authorities in recompense for development outlay; |
| 17. | The burden of land for public facilities; |
| 19. | The details of notification to be given to the implementer, such as changes in land ownership; |
| 20. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 22 (Implementation Regulations for Urban Development Projects) |
| (2) | The implementation regulations stipulated pursuant to Article 11 (4) of the Act (hereinafter referred to as “implementation regulations”) shall include the following: <Amended on Mar. 26, 2012> |
| 1. | The matters referred to in subparagraphs 1 through 6 and 9 through 20 of Article 21; |
| 2. | When expenses incurred in project management are appropriated under the latter part of Article 11 (4) of the Act (hereinafter referred to as “project management expenses”), the amount of the project management expenses and the timing and method for payment thereof. |
| (3) | “Standards prescribed by Presidential Decree” in the latter part of Article 11 (4) of the Act means appropriating up to 7/100 of the project cost (if the project is implemented by the combined method under Article 43 (1) 3, referring to an amount calculated by multiplying the total project cost by the ratio of an area to which replotting applies in the total area of the urban development zone) as project management expenses. <Newly Inserted on Mar. 26, 2012> |
| (4) | If an implementer is a Mayor/Do Governor or the head of a Si/Gun/Gu, the implementation regulations referred to in paragraph (2) shall be determined by ordinance thereof. <Amended on Mar. 26, 2012> |
[Title Amended on Mar. 26, 2012]
| Article 23 (Proposals for Designation of Urban Development Zones) |
| (1) | Each person who intends to propose the designation of an urban development zone under Article 11 (5) of the Act, shall submit a proposal for designation of the urban development zone prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Mar. 23, 2013> |
| (2) | If an area proposed to be designated as an urban development zone straddles the administrative districts of at least two Sis/Guns/Gus, the proposal referred to in paragraph (1) shall be submitted to the head of a Si/Gun/Gu that has the largest proposed area. |
| (3) | Upon receipt of a proposal for designation of an urban development zone under paragraph (1), the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall give notice to the proposer as to whether he or she accepts the proposal, within one month: Provided, That when he or she may extend the period of notice by up to one month in exceptional circumstances, such as delayed consultations with relevant agencies. <Amended on Apr. 6, 2011; Mar. 23, 2013; Nov. 4, 2015> |
| (4) | “Authority prescribed by Presidential Decree” in the main clause of Article 11 (5) of the Act means a written consent to use land and a land sale and purchase contract. |
| Article 24 (Replacement of Implementers) |
“Period prescribed by Presidential Decree” in Article 11 (8) 4 of the Act means a period not exceeding one year from the date the designation of an urban development zone is announced under Article 9 (1) of the Act: Provided, That when a designating authority extends the period for filing an application for authorizing an implementation plan by up to six months because it deems the extension unavoidable, it refers to the extended period.
| Article 25 (Methods for Calculating Number of Consenters) |
| 1. | Where several persons co-own one parcel of land or several persons hold superficies of one parcel of land: Only one representative of the co-owners or persons holding superficies who is designated with the other co-owners’ consent shall be deemed a landowner or a person holding superficies: Provided, That sectional owners defined in subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings shall each be deemed a landowner; |
| 1-2. | Where one person is the sole owner of at least two parcels of land or is the sole holder of at least two parcels of land: The landowner or person holding superficies shall be deemed one person regardless of the number of parcels; |
| 1-3. | Where the same persons co-own at least two parcels of land, or jointly hold superficies of at least two parcels of land: One person representing several co-owners shall be deemed a landowner or a person holding superficies; |
| 2. | Where the number of landowners increases following division into sectional ownership defined in subparagraph 1 of Article 2 of the Act on Ownership and Management of Condominium Buildings after the date of a public inspection or public announcement under Article 11 (2): The number of consenters shall be calculated based on the number of landowners as at the date of the public inspection or public announcement, and the increased number of landowners shall be disregarded for the purpose of calculating the total number of landowners; |
| 3. | Where a person has withdrawn consent before the designation of an urban development zone is proposed under Article 11 (5) of the Act: He or she shall not be included in the number of consenters; |
| 4. | Where a landowner has been changed during the period from the date the designation of an urban development zone is proposed under Article 11 (5) of the Act to the date the urban development zone is designated under Article 3 of the Act: The number of consenters shall be calculated based on the written consents of the existing landowners. |
| (2) | Where a landowner gives or withdraws consent, he or she shall submit a written consent or a written withdrawal of consent prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the representative of the co-owners of any jointly-owned land or superficies shall submit such written consent or written withdrawal of consent, along with the written consent to designate him or her as the co-owners’ representative and other documents evidencing his or her own and the other co-owners’ identity. <Amended on Mar. 26, 2012; Mar. 23, 2013> |
| (3) | Except as otherwise provided in paragraphs (1) and (2), further details necessary for the methods, procedures, etc. for calculating the number of consenters shall be determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 25-2 (Vicarious Execution of Urban Development Projects) |
| (1) | The scope of urban development projects allowed to be vicariously executed by housing construction project operators, etc. under the Article 11 (11) of the Act shall be as follows: |
| 2. | Site construction work; |
| 3. | Infrastructure construction work; |
| 4. | Parceling out developed land. |
| (2) | Where an implementer intends to have an agent execute an urban development project under Article 11 (11) of the Act, he or she shall publicly notify the following and select an agent (hereinafter referred to as “development agent”) by means of a competitive bid: |
| 1. | Objectives of a development project; |
| 2. | The type and outlines of a development project; |
| 3. | The execution period of a development project; |
| 4. | Qualifications of a development agent and documents to be submitted; |
| 5. | Standards and methods for selection of a development agent. |
| (3) | Where an implementer intends to have a development agent execute an urban development project under Article 11 (11) of the Act, he or she shall enter a contract with the agent. |
| (4) | Except as provided in paragraphs (1) through (3), necessary matters for the vicarious execution of an urban development project shall be prescribed by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Nov. 4, 2015]
| Article 25-3 (Establishment of Corporations and Implementation of Projects) |
| (1) | Where a person falling under Article 11 (1) 1 through 4 of the Act (hereafter in this Article referred to as "public implementer") establishes a corporation prescribed in Article 11 (1) 11 of the Act with an investor other than a public implementer (hereinafter referred to as "private participant") to implement an urban development project pursuant to Article 11-2 (1) of the Act, profit rates for a private participant shall not exceed 10/100 of the total project costs excluding the costs borne by the public implementer. |
| (2) | The total project costs under paragraph (1) shall be the aggregate of site costs, liability for a site, expenses for migration measures, development costs, expenses and charges for establishing infrastructure, direct labor costs, general overhead expenses, capital costs, and other expenses determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| 1. | Matters regarding the total project costs and the expected rate of return; |
| 2. | Matters regarding sharing investments and roles between a public implementer and a private participant; |
| 3. | Matters regarding the maximum limit of profit rates for a private participant; |
| 4. | Evaluation items and standards for selection of a private participant; |
| 5. | Other matters necessary to effectively implement an urban development project, which are determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (4) | Where a public implementer intends to select a private participant by means of public invitation under the main clause of Article 11-2 (2) of the Act, a project plan prescribed in paragraph (1) of that Article shall be publicly announced in a daily newspaper distributed nationwide and on the website of the public implementer. |
| (5) | Where a public implementer selects private participants by means of public invitation under the main clause of Article 11-2 (2) of the Act, he or she shall comprehensively consider the following matters: |
| 1. | Appropriateness of the composition of private participants; |
| 2. | Validity of the total project costs, project period, details of the project, etc.; |
| 3. | Feasibility of a funding plan; |
| 4. | Appropriateness of profit rates and profit distribution for private participants; |
| 5. | Other matters necessary to evaluate capabilities to perform an urban development project, which are determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (6) | "Cases prescribed by Presidential Decree, such as where a private participant proposes a project to a public implementer" in the proviso of Article 11-2 (2) of the Act means where a person who intends to be selected as a private participant proposes a project to a public implementer, meeting all of the following requirements: |
| 1. | The proposer (where at least two persons jointly propose a project, referring to one of them) shall own at least 2/3 of the size of land in the relevant area; |
| 3. | The size of the relevant area shall be less than 100,000 square meters; |
| 4. | The relevant area shall satisfy the standards for designation of an urban development zone specified in Article 2; |
| 1. | Matters regarding the establishment and dissolution of a corporation prescribed in Article 11-2 (1) of the Act (hereafter in this paragraph referred to as "joint stock corporation"); |
| 2. | Matters regarding supply of land, buildings, structures, etc. developed under an urban development project (hereinafter referred to as "developed land, etc."); |
| 3. | Matters regarding land that a joint stock corporation (including its investors) plans to use or supply after directly constructing buildings thereon; |
| 5. | Other matters necessary for reasonable profit-sharing among investors of a joint stock corporation and for the effective implementation of a project, which are determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (8) | Where a public implementer intends to obtain approval for concluding an agreement pursuant to Article 11-2 (4) of the Act, he or she shall submit the details of the prepared agreement to a designating authority (referring to the Minister of Land, Infrastructure and Transport, where the designating authority is an investor of a corporation specified in Article 11-2 (1) of the Act; hereafter in this paragraph and paragraph (9), the same shall apply) through the head of a Si (excluding the head of a large city)/Gun/Gu: Provided, That where the designating authority is the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a large city, the details of the agreement may be directly submitted to the designating authority. |
| (9) | A designating authority that intends to approve the conclusion of an agreement under Article 11-2 (4) of the Act shall verify the appropriateness of the details of the agreement, such as matters regarding the total project costs, funding plan, and profit rates for private participants. |
| (10) | Except as provided in paragraph (1) through (9), matters necessary for procedures for selecting private participants, methods of evaluating them, specific standards for calculating the total project costs by item, methods of applying such standards, and others shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jun. 21, 2022]
| Article 26 (Entrustment of Projects for Public Facilities) |
| (2) | “Public institution and a government-funded institution prescribed by Presidential Decree” in Article 12 (1) of the Act means: <Amended on Jun. 26, 2009; Sep. 21, 2009; Sep. 10, 2020> |
| 1. | The Korea Land and Housing Corporation; |
| 2. | Deleted; <Sep. 21, 2009> |
| 7. | The Korea National Railway established under the Korea National Railway Act; |
| 8. | The Jeju Free International City Development Center established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City. |
| (3) | When an implementer intends to partially entrust an urban development project pursuant to Article 12 (1) of the Act, it shall enter into an agreement with the entrusted entity, such as the State and a local government, about the following: |
| 1. | The area of the entrusted project; |
| 2. | The type, scale, and amount of the entrusted project, and the standards for the design of construction works; |
| 3. | The period for implementation of the entrusted project (including the scheduled dates for construction and completion of construction works and the progress schedule); |
| 4. | The method for paying costs incurred in conducting the entrusted project, and the management of such costs; |
| 5. | The management of real estate, equipment or workers, if any, supplied by the entruster; |
| 6. | Mattering about risk sharing; |
| 7. | Other matters necessary for giving a more detailed description of the entrusted project. |
| Article 27 (Entrustment of Land Purchase) |
| (1) | When an implementer intends to entrust the basic survey, affairs of purchasing land and compensation for loss, an inhabitant migration countermeasure project, etc. under Article 12 (2) of the Act, it shall enter into agreement with the entrusted entity about the matters provided for in the subparagraphs of Article 26 (3). |
| (2) | “Public institution, a government-funded institution, or a government-contributed institution prescribed by Presidential Decree” in the main clause of Article 12 (2) of the Act means: <Amended on Jun. 26, 2009; Jul. 27, 2009; Sep. 21, 2009; Aug. 31, 2016; Sep. 10, 2020; Dec. 8, 2020> |
| 1. | The Korea Land and Housing Corporation; |
| 2. | Deleted; <Sep. 21, 2009> |
| 5. | The Korea National Railway established under the Korea National Railway Act; |
| 6. | The Jeju Free International City Development Center established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; |
| 7. | The Korea Real Estate Board established under the Korea Real Estate Board Act. |
| Article 28 (Development under Trust) |
| (1) | Each implementer that intends to obtain approval of a trust contract for an urban development project (hereinafter referred to as “trust contract”) under Article 12 (4) of the Act, shall submit the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the designating authority. <Amended on Mar. 23, 2013> |
| (2) | Upon entering into a trust contract with approval under paragraph (1), the implementer shall give notice thereof to the designating authority with a copy of the contract within one month from the date of execution of the trust contract. <Amended on Nov. 4, 2015> |
| (3) | When intending to enter into a trust contract, the implementer shall do so with the person provided for in Article 18 (5) 2. |
| Article 29 (Particulars to Be Included in Articles of Association) |
| (1) | Articles of association drafted by an association established by landowners in an urban development zone (hereinafter referred to as “association”) to conduct an urban development project under Article 13 (1) of the Act, shall include the following: <Amended on Mar. 23, 2013> |
| 1. | The name of the urban development project; |
| 2. | The name of the association; |
| 3. | The objectives of the project; |
| 4. | The area of the urban development zone; |
| 5. | The scope of and period for the project; |
| 6. | The location of the principal office; |
| 7. | Qualifications, number, terms of office, duties, and methods for appointment of the executive officers; |
| 8. | Matters concerning meetings; |
| 9. | For a general meeting, the organization and functions, the methods for exercising voting rights and other matters concerning conducting meetings; |
| 10. | Given a board of representatives or a board of directors, the organization, functions, methods for exercising voting rights, and other matters concerning conducting meetings; |
| 11. | Apportionment of expenses; |
| 12. | Accounting and contracts; |
| 13. | The burden of land for public facilities; |
| 14. | The methods for giving public announcement; |
| 15. | The organization and operation of the Land Appraisal Council; |
| 16. | The method for assessing the value of land, etc.; |
| 17. | The replotting plan and the designation of reserved land for replotting; |
| 18. | The management and disposal of reserved land and land allotted by the authorities in recompense for development outlay; |
| 20. | The management and disposal of such buildings, if buildings are constructed; |
| 21. | The details of notification to be given to the implementer, such as changes in land ownership; |
| 22. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Detailed criteria for formulating the articles of association may be prescribed by ordinance of a Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as “City/ Do”). |
| Article 30 (Minor Modifications of Matters Subject to Authorization to Establish Associations) |
“If it intends to change any of the minor matters prescribed by Presidential Decree” in the proviso of Article 13 (2) of the Act means either of the following: | 1. | If it intends to change the location of its principal office; |
| 2. | If it intends to change the method for giving public announcement. |
| Article 31 (Methods for Calculating Number of Consenters) |
| (1) | Article 6 (4) through (7) (excluding paragraph (4) 4 and 5) shall apply mutatis mutandis to the methods, etc. for calculating the number of consenters referred to Article 13 (3) of the Act. <Amended on Mar. 26, 2012> |
| (2) | Any landowner may withdraw consent given under Article 13 (3) of the Act before an application for authorization to establish an association is filed. In such cases, the landowner shall be excluded from the number of consenters. |
| (3) | Any person who acquires land from a consenter to authorization to establish an association shall be deemed to have consented to the establishment of the association: Provided, That this shall not apply where the acquisitor of land withdraws consent before an application for authorization to establish the association is filed. |
[This Article Wholly Amended on Apr. 6, 2011]
| Article 32 (Establishment of Associations) |
| (1) | The representative of an association who obtains authorization to establish the association under Article 13 of the Act shall file for registration for its establishment at the registry office having jurisdiction over its principal place of office within 30 days from the date such authorization is granted. |
| (2) | The rights and duties of association members are as follows: <Amended on Jun. 29, 2010> |
| 1. | Equal voting rights regardless of the area of land owned: Provided, That an association member who acquires from any third member the entire ownership in land he or she holds in the relevant urban development zone may succeed to the voting right of such member who transfers his or her land ownership, separately from his or her own original voting right, as prescribed by the articles of association; |
| 2. | Sharing expenses incurred in operating the association and implementing the urban development project, as prescribed by the articles of association; |
| 3. | Other rights and duties prescribed by the articles of association. |
| (4) | When preparing a replotting plan under Article 28 of the Act or otherwise implementing a project, the association shall not discriminate against any member for voting against a resolution, etc. at a general meeting or being the owner of a small parcel of land. <Newly Inserted on Jun. 29, 2010> |
| Article 33 (Executive Officers of Associations) |
| (1) | Each association shall have the following executive officers: |
| (2) | Every executive officer of an association referred to in paragraph (1) shall be a member of the association who holds a voting right pursuant to Article 32 (2) 1 (hereinafter referred to as “voting right”) and shall be appointed at a general meeting, as determined by the articles of association. <Amended on Mar. 26, 2012> |
| Article 34 (Duties of Executive Officers of Associations) |
| (1) | The president of an association shall represent the association, exercise overall control of its affairs, and preside over general meetings, the board of representatives’, and the board of directors’ meetings. |
| (2) | Directors shall assist the president of the association and take partial charge of its affairs, as determined by the articles of association. |
| (3) | The auditor shall examine the affairs, financial standing, and accounts of the association. |
| (4) | With respect to a contract entered into between the president or a director of an association and the association, or a lawsuit arising in relation thereto, in his or her own interest, the auditor shall represent the association. |
| (5) | No executive officer of an association may concurrently serve as an executive officer or employee of any third association having the same business objectives. |
| Article 35 (Matters Subject to Resolutions by General Meetings) |
Each of the following matters shall be subject to a resolution by a general meeting:
| 1. | Amending the articles of association; |
| 2. | Formulating and modifying a development plan and an implementation plan; |
| 3. | Borrowing funds, the methods for borrowing, and the interest rates, and methods for redemption of borrowings; |
| 4. | A budget for the revenue and expenditure of the association; |
| 5. | The amount of charges or the methods for collection thereof; |
| 6. | Formulating a replotting plan; |
| 7. | Designating reserved land for replotting; |
| 8. | The methods for disposing of land allotted by the authorities in recompense for development outlay and other land under Article 44 of the Act; |
| 9. | Appointing the executive officers of the association; |
| 10. | Matters concerning merge or dissolution of the association: Provided, That the same shall not apply where the association is dissolved after collecting and granting proceeds from liquidation under Article 46 of the Act; |
| 11. | Other matters determined by the articles of association. |
| Article 36 (Board of Representatives) |
| (1) | Any association comprised of at least 50 voting members may establish a board of representatives to act on behalf of a general meeting. <Amended on Mar. 26, 2012; Nov. 4, 2015> |
| (2) | The number of representatives of a board of representatives shall be at least 10/100 of the total number of the voting members, and the representatives shall be elected from among the voting members, as determined by the articles of association. <Amended on Mar. 26, 2012> |
| (3) | A board of representatives may act on behalf of a general meeting as regards the matters subject to resolutions by a general meeting under Article 35, except those provided for in subparagraphs 1, 2 [excluding both the minor modifications of a development plan concerning the matters referred to in Article 7 and the formulation and modifications of an implementation plan under Article 17 (1) of the Act (hereinafter referred to as “implementation plan”)], 6 (excluding the minor modifications of a replotting plan under the subparagraphs of Article 60 (1)), 9, and 10 of Article 35. <Amended on Mar. 26, 2012; Nov. 4, 2014> |
| Article 37 (Outsourcing of Collection) |
Where an association outsources the collection of dues or arrearages to a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under Article 16 (4) of the Act, it shall submit a letter outsourcing collection specifying the addresses and names of those liable to pay them and the amount of and deadline for payment, to a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
| Article 38 (Preparation of Implementation Plans) |
| (1) | An implementation plan referred to in Article 17 (1) of the Act (hereinafter referred to as “implementation plan”) shall be formulated in conformity with the relevant development plan. |
| (3) | Except as provided in paragraphs (1) and (2), further details necessary for formulating implementation plans shall be determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 39 (Applications for Authorization for Implementation Plans) |
To obtain authorization for an implementation plan under Article 17 (2) of the Act, each implementer shall file an application for authorization for the implementation plan with the designating authority via the head of the competent Si (excluding the head of a large city)/Gun/Gu, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That when the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a large city is the designating authority, the implementer may file such application directly with the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a large city. <Amended on Mar. 23, 2013>
| Article 40 (Public Notice of Implementation Plans) |
| (1) | Upon formulating an implementation plan or granting authorization thereof, a designating authority shall publicly notify the following pursuant to the former part of Article 18 (1) of the Act: <Amended on Apr. 10, 2012> |
| 1. | The name of the project; |
| 2. | The objectives of the project; |
| 3. | The location and area of the urban development zone; |
| 5. | The period of implementation; |
| 6. | The method for implementation; |
| 7. | The details of the Urban/Gun management plan (including district-unit plans); |
| 8. | The period for and place of public inspection of books concerning the authorized implementation plan; |
| 9. | The details of the announcement or public announcement of authorization, permission, etc. deemed granted following the announcement of the implementation plan under Article 19 of the Act. |
| (2) | With respect to a zone for which an urban development project is implemented by replotting, the designating authority shall give notice to the competent registry of the matters provided for in subparagraphs 1 through 6 among those announced under paragraph (1) and submit a protocol of land thereto. |
| (3) | The period for public inspection of relevant documents under the latter part of Article 18 (1) of the Act shall be at least 14 days. <Newly Inserted on Aug. 24, 2021> |
| Article 41 (Consultation Period) |
“Period prescribed by Presidential Decree” in the latter part of Article 19 (3) of the Act means a period not exceeding 20 days. <Amended on Feb. 9, 2011>
| Article 41-2 (Operation of Council for Authorization and Permission) |
| (1) | When organizing a council under Article 19 (4) of the Act, the designating authority shall give notice thereof to the heads of the relevant administrative agencies by no later than seven days before the date for holding the council. |
| (2) | A council held by the designating authority under paragraph (1) shall include public officials of at least Grade V affiliated with the relevant administrative agencies and the implementer. |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 42 (Standards for Posting Supervisors and Scope of Duties) |
| 1. | Employees eligible to supervise shall supervise construction works at the construction site; |
| 2. | One general supervisor to exercise overall control over the affairs of supervising construction works and a supervisor for each field of construction works shall be posted; |
| 3. | A general supervisor shall be posted throughout the period of construction for the urban development project, and a supervisor for each field of construction works for the period of the relevant construction works; |
| 4. | No supervisor shall be posted concurrently for any other project work. |
| (2) | Deleted. <Nov. 4, 2015> |
| (3) | Upon receipt of an objection under the latter part of Article 20 (4) of the Act, a designating authority shall notify the objector and the supervisor of the result within 10 days of receiving the objection. |
| (4) | Urban development project works subject to supervision under Article 20 (8) of the Act are as follows: <Amended on Nov. 4, 2015; Aug. 24, 2021> |
| Article 43 (Methods for Implementing Urban Development Projects) |
| (1) | In principle, each implementer shall determine the method for implementing an urban development project for an area to be designated as an urban development zone as prescribed follow; however, it may determine the method for implementing the urban development project according to the criteria prescribed by the Minister of Land, Infrastructure and Transport if necessary in light of the level of difficulty, scale, etc. of the project: <Amended on Mar. 23, 2013; Jan. 5, 2021> |
| 1. | Replotting: In either of the following circumstances: |
| (a) | Where it is necessary to exchange, subdivide or combine land, readjust lots, change the category, shape or quality of land, or establish or alter public facilities to promote the utility of lots or maintain public facilities; |
| (b) | Where it is impracticable to implement an urban development project by expropriation or use because land prices in the area for such project are substantially higher than land prices in other adjacent areas; |
| 2. | Expropriation or use: Where integrated development and supply, such as planned and systematic urban development, are required; |
| 3. | Combined method: Where an area to be designated as an urban development zone is partially subject to subparagraph 1 or 2. |
| (2) | An implementer who intends to implement an urban development project by the combined method provided for in paragraph (1) 3 may use either of the following methods: <Amended on Mar. 26, 2012> |
| 1. | Divided combined method: The method for dividing by project implementation district, an area to which the method for expropriation or use applies and an area to which the replotting method applies; |
| 2. | Undivided combined method: The method for applying both the method for expropriation or use and the replotting method without dividing a project implementation district. In such cases, replotting shall be governed by the provisions of Section 3 of Chapter III of the Act concerning project implementation, and other matters by the provisions concerning the method for expropriation or use. |
| (3) | Where a project implementation district is divided under paragraph (2) 1, expenses, etc. for building infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act to be borne by project district shall be clearly divided and reflected in the implementation plan. <Amended on Mar. 26, 2012> |
| (4) | Further details necessary in relation to the methods, etc. for implementing urban development projects under paragraph (2) shall be determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (5) | If an urban development zone ceases to meet any of the requirements determined as at the time the method for implementing the urban development project is designated due to a rise in land prices or changes in the conditions of regional development, or if it satisfies any of the requirement prescribed in the subparagraphs of paragraph (1), the designating authority may change the method for implementing the urban development project into a method meeting a corresponding requirement under any of the subparagraphs of Article 21 (2) of the Act. |
| Article 43-2 (Sale or Lease of Circulative Housing) |
| (1) | To sell or lease circulative housing under the former part of Article 21-2 (3) of the Act, the implementer shall do so in a manner that suits the objectives of supplying the circulative housing approved under Article 15 of the Housing Act, as determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Aug. 11, 2016> |
| (2) | Any person who intends to rent circulative housing for lease under paragraph (1) shall satisfy the requirements for eligibility to reside in rental housing. <Amended on Dec. 28, 2015; Jun. 21, 2022> |
| (3) | Where a person entitled to replotting wishes to continuously reside in circulative housing under Article 21-2 (3) of the Act, the landowner may, pursuant to Article 41 of the Act, liquidate the land appurtenant to the housing, which is held by him or her in the urban development zone, and exclude it from the land entitled to replotting. |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 43-3 (Creation or Supply of Construction Sites for Rental Housing) |
| (1) | When creating or supplying construction sites for rental housing or building and supplying rental housing under Article 21-3 (1) of the Act, the implementer shall formulate a plan for creating construction sites for rental housing or a plan for building rental housing in consideration of the method for implementing the relevant urban development project, the status of unoccupied rental housing in the relevant area, etc. |
| (2) | Notwithstanding paragraph (1), an implementer may opt not to formulate a plan for creating construction sites for rental housing or a plan for building rental housing in any of the following circumstances: <Amended on Jul. 17, 2012> |
| 1. | Where the area of the urban development zone is less than 100,000 square meters or the population to be admitted is not more than 3,000 (if the entire urban development zone is developed by replotting, the area of the urban development zone is less than 300,000 square meters or the population to be admitted is not more than 5,000); |
| 2. | Where the population to be admitted to multi-unit housing built and supplied through the urban development project, the net residential area of which is does not exceed 60 square meters, is at least 40/100 (50/100 for the Seoul Metropolitan area or an area within a Metropolitan City) of the total population to be admitted to the urban development zone; |
| 3. | Where the rental housing planned under paragraph (1) is comprised of less than 50 households. |
| (3) | When necessary for formulating a plan for building rental housing under paragraph (1), the implementer may request the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun to provide data concerning the status of unoccupied rental housing in the relevant area. |
| (4) | Detailed criteria for formulating plans for building rental housing under paragraph (1) shall be determined and announced by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 43-4 (Procedures and Methods for Acquiring Construction Sites for Rental Housing) |
| (1) | Methods for and timing of acquiring construction sites for rental housing or rental housing, and the repair of defects under Article 21-3 (3) of the Act and other necessary matters shall be determined through consultation between the implementer and the entity to acquire the construction sites for rental housing or rental housing. |
| (2) | The acquisition price of construction sites for rental housing under paragraph (1), shall be an amount calculated according to each of the following subparagraphs and, the construction cost of built rental housing to be acquired shall be a construction cost calculated according to the criteria for assessment of the prices for conversion for sale in lots under Article 54 (4) of the Enforcement Decree of the Special Act on Public Housing. In such cases, the items included in calculating the price of construction sites for rental housing and the construction cost may be determined through consultation between the implementer and the entity to acquire the construction sites: <Amended on Dec. 28, 2015; Aug. 31, 2016; Sep. 8, 2020; Aug. 24, 2021; Jan. 21, 2022> |
| 3. | Construction sites for rental housing other than those provided for in subparagraphs 1 and 2: Appraised value. |
| (3) | If no agreement is reached regarding the acquisition of construction sites, etc. for rental housing under paragraphs (1) and (2), the designating authority may make necessary recommendations, etc. |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 43-5 (Terms for Supply of Rental Housing) |
| (1) | Tenants referred to in Article 21-3 (4) of the Act shall be selected based on the following priorities from among non-homeowners (any house removed due to the relevant urban development project shall be deemed not owned) as at the time an application for supply of rental housing is filed: Provided, That when competition occurs among applicants at the same priority level, tenants shall be selected by drawing lots: |
| 2. | Priority 2: The owner of a house who has resided in the relevant urban development zone from before the date of public announcement under Article 11 (2) until the date of public announcement of an indemnity plan or the date of public announcement of a replotting plan: Provided, That for an area to which the replotting method applies, such owner means a person who loses his or her residence due to the relevant urban development project, among those who have not received any land replotted for residential land or housing; |
| 3. | Priority 3: A person who loses his or her residence due to infrastructure being built outside the relevant urban development zone. |
| (2) | Rental deposits and rents for rental housing supplied under paragraph (1) shall be determined by the supplier of the rental housing after consultation with the head of the relevant Si/Gun/Gu. |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 43-6 (Organization of Dispute Mediation Committees) |
| 1. | A public official of Grade V or higher performing the duties concerning the urban development projects of the relevant Si/Gun/Gu; |
| 2. | A person who serves as an associate professor or a position equivalent thereto in a university, college or a research institute; |
| 3. | An attorney-at-law, certified public appraiser, or certified public accountant; |
| 4. | A professional urban planning engineer or certified architect (limited to the application of multi-level replotting), or a person who has been engaged in replotting design for at least three years (limited the application of the replotting method). |
[This Article Newly Inserted on Mar. 26, 2012]
Section 2 Implementation of Projects by Expropriation or Use
| Article 44 (Methods for Calculating Number of Consenters) |
Article 6 (4) through (7) shall apply mutatis mutandis to the methods, etc. for calculating the number of consenters under the proviso of Article 22 (1) of the Act. <Amended on Mar. 26, 2012>
| Article 45 (Issuance of Land Redemption Bonds) |
Land redemption bonds referred to in Article 23 (1) of the Act (hereinafter referred to as “land redemption bond”) may be issued only to the extent that the land or building to be redeemed with the land redemption bonds does not exceed 1/2 of the area of the land or building for sale created in the course of the relevant urban development project.
| Article 46 (Guarantee Institutions of Land Redemption Bonds) |
| Article 47 (Plans for Issuance of Land Redemption Bonds) |
| 1. | The name of the implementer; |
| 2. | The total amount of land redemption bonds issued; |
| 3. | The interest rate on land redemption bonds; |
| 4. | The value and period of issuance of land redemption bonds; |
| 5. | The use of the area or land subject to redemption; |
| 6. | The methods for estimating the value of land; |
| Article 48 (Public Announcement of Issuance of Land Redemption Bonds) |
Each implementer that issues land redemption bonds shall publicly announce the name of such land redemption bonds and the matters provided for in the subparagraphs of Article 47.
| Article 49 (Terms of Issuance of Land Redemption Bonds) |
| (1) | The interest rate on land redemption bonds shall be determined by the issuer in consideration of the deposit interest rates of banks and the conditions of supply of and demand for real estate as at the time of issuance thereof. <Amended on Nov. 15, 2010> |
| (2) | Each land redemption bond shall be issued in the form of a registered instrument. |
| Article 50 (Subscription for Land Redemption Bonds) |
Each person who seeks to receive a land redemption bond in exchange for proceeds from sale of land, etc. (hereinafter referred to as “subscriber”) shall prepare and submit to the implementer, two copies of a written subscription for the land redemption bond, specifying each of the following:
| 1. | The name of the project; |
| 2. | The name (for a corporation, its name and the name of its representative) and address of the subscriber; |
| 3. | The details of land, etc. owned by the subscriber; |
| 4. | The amount of proceeds from sale of land, etc. to be received by the subscriber; |
| 5. | The value of the land redemption bond to be issued. |
| Article 51 (Particulars to Be Entered in Land Redemption Bonds) |
Each land redemption bond shall include the following particulars with the issuer’s name and seal affixed:
| 1. | The matters provided for in subparagraphs 1 and 3 through 6 of Article 47; |
| 2. | The serial numbers of land redemption bonds; |
| 3. | The dates of issuance of land redemption bonds; |
| Article 52 (Keeping Register of Land Redemption Bonds) |
Each issuer of land redemption bonds shall keep a register of land redemption bonds specifying the following (hereinafter referred to as “register of land redemption bonds”) in his or her principal office:
| 1. | The serial numbers of land redemption bonds; |
| 2. | The dates of issuance of land redemption bonds; |
| 3. | The matters provided for in subparagraphs 2 through 6 of Article 47; |
| 4. | The names and addresses of the holders of land redemption bonds; |
| 5. | The dates of acquisition of land redemption bonds. |
| Article 53 (Transfer of Land Redemption Bonds) |
| (1) | Where a land redemption bond is transferred, the acquirer shall request the entry of his or her name and address in the register of land redemption bonds and, otherwise, he or she shall not prevail against the issuer and any third party with regard to title. |
| (2) | Where a land redemption bond is pledged, the pledgee shall not prevail against the issuer and any third party with regard to title, unless his or her name and address are entered in the register of land redemption bonds. |
| (3) | Where a right of pledge is created under paragraph (2), the issuer shall indicate such fact on the land redemption bond. |
| Article 54 (Notification to Holders of Land Redemption Bonds) |
Any notification or peremptory notice to a holder of a land redemption bond shall be served at the address stated in the register of land redemption bonds: Provided, That when the holder of the land redemption bond has provided the issue with a separate address, it shall be served at that address.
| Article 55 (Advance Payments) |
| (1) | An implementer who intends to receive an advance payment under Article 25 of the Act shall obtain approval from the designating authority, meeting the following applicable requirements: <Amended on Dec. 31, 2008; Nov. 4, 2015; Dec. 5, 2017> |
| 1. | An implementer referred to in any of Article 11 (1) 1 through 4 and 11 (applicable only to an investment made by a person referred to in any of Article 11 (1) 1 through 4 of the Act) of the Act: To formulate and publicly notify a development plan and secure ownership of land (including consent to use the same) equivalent to at least 10/100 of the land area subject to project implementation: Provided, That when he or she intends to receive an advance payment before obtaining authorization for the implementation plan, he or she is required to develop measures for assessing environmental impacts under the Environmental Impact Assessment Act and conducting a traffic impact assessment under the Urban Traffic Improvement Promotion Act and thus to materialize a plan for investment in infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act; |
| 2. | An implementer referred to in Article 11 (1) 5 through 9 and 11 (excluding any investment made by a person referred to in any of Article 11 (1) 1 through 4 of the Act) of the Act: To obtain authorization for the implementation plan for the relevant urban development zone and meet all of the following requirements: |
| (a) | To secure ownership of land to be supplied and cancel any mortgage over the land: Provided, That when he or she fails to secure such ownership or cancel such mortgage for any unavoidable reason, the implementer, landowner and mortgagee shall submit a notarized joint agreement specifying the following: |
| (i) | The landowner shall not transfer or provide as security the land to any third party; |
| (ii) | If the payer of an advance payment uses the land after it undergoes a completion inspection under Article 50 of the Act or obtaining permission for use before completion under Article 53 of the Act, the landowner or mortgagee shall promptly transfer his or her ownership or cancel his or her mortgage; |
| (b) | The progress ratio of construction works for the urban development project for the land to be supplied, shall be at least 10/100; |
| (c) | To submit to the designating authority, a guarantee, etc. (referring to any written payment guarantee, securities, policy of guarantee insurance, certificate of time deposit, beneficiary certificate, etc. referred to in Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party; hereinafter the same shall apply) including the particulars, in order to guarantee the refund of an advance payment against nonfulfillment of a supply contract: Provided, That in cases falling under subitem (ii), if the project period is extended, a guarantee, etc. in which the guarantee or insurance period is a period calculated by adding the extension to the original guarantee or insurance period, shall be submitted: |
| (i) | The guarantee or insurance cover shall be at least the advance payment plus an amount equivalent to an agreed interest for the period of guarantee or insurance for the advance payment; |
| (ii) | The date of commencement of the guarantee or insurance period shall be earlier than the date the advance payment is received and the end date thereof shall not be earlier than one month after the scheduled date of work completion. |
| (2) | If an implementer has supplied land or made facilities available in advance of the public announcement of work completion, he or she shall not provide the land as security. |
| (3) | Where an implementer fails to implement a project as stipulated in a supply contract or where the designating authority deems that he or she is unable to implement the project due to his or her bankruptcy, etc. (including a decision or authorization by a court under the Debtor Rehabilitation and Bankruptcy Act), the designating authority may use a guarantee, etc. to refund an advance payment before completion of the urban development project. |
| Article 55-2 (Procedures for Supply and Development of Land Retaining Original Features) |
| (1) | To obtain approval from a designating authority to supply and develop land retaining original features under the former part of Article 25-2 (1) of the Act, the implementer shall submit to the designating authority, an application for approval for supply of land retaining original features, that shall be accompanied by the following documents: |
| 1. | The location and area of the land to be supplied and purposes of supply thereof; |
| 2. | The developer of the land retaining original features; |
| 3. | A plan for admitting a population to the land retaining original features, land utilization plan, traffic control plan, environmental conservation plan, plan for building major infrastructure, and other plans for developing the land retaining original features, including a plan to use the same; |
| 4. | The terms of use of the land retaining original features; |
| 5. | The estimated supply price and major terms of the contract; |
| 6. | Other matters determined by the designating authority after consultation with the implementer, as deemed necessary in light of the characteristics of the project. |
| (2) | Upon receipt of an application for approval under paragraph (1), a designating authority may approve the supply of land retaining original features after formulating a development plan under Article 4 of the Act. |
| (3) | “Period prescribed by Presidential Decree” in the main clause of Article 25-2 (6) of the Act means the earlier of the following periods: |
| 1. | Five years after the date of public announcement of work completion for land retaining original features; |
| 2. | Ten years after the date a contract for supply of land retaining original features is entered into. |
| (4) | “Cases prescribed by Presidential Decree” in the proviso of Article 25-2 (6) of the Act means where land retaining original features is used for any of the following sites: |
| 1. | A site for infrastructure; |
| 2. | A site for rental housing; |
| 3. | Other sites to establish facilities that the developer of land retaining original features cannot directly develop or manage. |
| (5) | If any cause provided for in the subparagraphs of Article 25-2 (8) of the Act arises, the implementer shall demand, at least twice, that the developer of land retaining original features take corrective measures and, if the developer of the land retaining original features fails to take such corrective measures, may rescind the contract for supply of the land retaining original features. In such cases, the developer of the land retaining original features may present his or her opinion about the implementer’s demand for corrective measures. |
| (6) | Developers of land retaining original features under Article 25-2 (9) of the Act, shall be selected by a private contract: Provided, That a developer of land retaining original features referred to in Article 25-2 (1) 5 of the Act shall be selected by a competitive bid, but if a competitive bid fails at least twice, it may be selected by a private contract. |
| (7) | The price for supplying land retaining original features under Article 25-2 (9) of the Act shall be determined through consultation between the implementer and the developer of the land retaining original features based on the amount calculated by adding the construction costs of infrastructure, etc. built by the implementer on the land retaining original features to the appraised value of the land retaining original features based on the development plan. |
| (8) | The scope of duties of implementers and developers of land retaining original features under Article 25-2 (9) of the Act shall be stipulated by the supply contract, and implementers shall take charge of the duties under relevant statutes or regulations, including filing applications for authorization, permission, etc. for developing land retaining original features. |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 55-3 (Submission of Plans for Supply of Developed Land) |
Where an implementer intends to obtain approval of a plan for supply of developed land, etc. under Article 26 (1) of the Act (including approval for modification), he or she shall submit the prepared plan for supply of developed land, etc. to a designating authority through the head of a Si (excluding the head of a large city)/Gun/Gu: Provided, That the designating authority is the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a large city, such plan may be directly submitted to the designating authority. [This Article Newly Inserted on Jun. 21, 2022]
| Article 56 (Details of Plans for Supply of Developed Land) |
| (1) | A plan for supply of developed land, etc. under Article 26 (1) of the Act shall include the following: <Amended on Mar. 26, 2012; Mar. 23, 2013; Jun. 21, 2022> |
| 1. | The location, area, and method for determining the price of developed land, etc. to be supplied; |
| 2. | The eligibility requirements for and the method for selection of the persons to be supplied; |
| 3. | The period, methods, and terms of supply; |
| 5. | The present status of land that an implementer (for a corporation established to implement the relevant urban development project, including investors) has planned to use or supply after directly constructing buildings thereon; |
| 6. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | A plan for supply of developed land, etc. under Article 26 (1) of the Act shall be prepared in compliance with the implementation plan publicly notified pursuant to Article 18 of the Act (including district-unit plans). <Newly Inserted on Jun. 21, 2022> |
| Article 57 (Methods for Supplying Developed Land) |
| (1) | An implementer shall supply developed land, etc. in accordance with a plan for supply of developed land, etc. under Article 26 (1) of the Act. In such cases, the implementer may place restrictions on the eligibility for persons to be supplied with developed land, etc. or impose the terms and conditions of supply, if necessary to facilitate the establishment of infrastructure under the National Land Planning and Utilization Act. <Amended on Mar. 26, 2012; Jun. 21, 2022> |
| (2) | Developed land, etc. shall be supplied through a competitive bid. <Amended on Dec. 5, 2017> |
| (3) | Notwithstanding paragraph (2), any land specified in subparagraphs 1 through 3 may be parceled out by drawing lots: Provided, That where an implementer specified in Article 11 (1) 1 through 4 of the Act intends to supply a rental housing construction site from the land specified in subparagraph 1, he or she shall parcel it out by drawing lots: <Newly Inserted on Dec. 5, 2017> |
| 1. | A construction site for housing not exceeding the scale of national standard housing defined in subparagraph 6 of Article 2 of the Housing Act; |
| 3. | A site for detached housing and a factory site not exceeding the area prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | To supply developed land, etc. under paragraph (2) or (3), the implementer shall publicly announce the following matters: Provided, That this shall not apply where the persons to be supplied with the developed land are specified or where the eligibility is limited and individual notices are given: <Amended on Dec. 5, 2017> |
| 1. | The name and address of the implementer and the name of the representative; |
| 2. | The location, area, and use of land (if a restriction is imposed on land use, including the details of such restriction); |
| 3. | The method and terms of supply; |
| 4. | The supply price or the method for determining the same; |
| 5. | The eligibility requirements for and the method for selection of the persons to be supplied; |
| 6. | The period for and place of applying for supply; |
| 7. | Other matters the implementer deems necessary. |
| (5) | Notwithstanding paragraphs (2) and (3), an implementer may supply developed land, etc. by a private contract in any of the following cases: <Amended on Jun. 30, 2009; Mar. 26, 2012; Mar. 23, 2013; Nov. 4, 2015; Dec. 5, 2017> |
| 1. | Where he or she supplies a school site, a site for a government office building or other public site not permitted to be parceled out to the general public, to the State, a local government or other person permitted to install relevant facilities under statutes or regulations; |
| 1-2. | Where any of the following persons supplies a rental housing construction site to a real estate investment company defined in subparagraph 1 of Article 2 of the Real Estate Investment Company Act in which it has solely or jointly made an investment in access of 50/100 of the total equity: |
| (a) | The State or a local government; |
| (b) | Korea Land and Housing Corporation; |
| (c) | A local government-invested public corporation incorporated for housing purposes; |
| 2. | Where he or she supplies the minimum land area necessary for maintaining and managing existing facilities according to the implementation plan publicly notified under the former part of Article 18 (1) of the Act; |
| 4. | Where he or she redeems land using a land redemption bond; |
| 5. | Where he or she deems it unavoidable to supply land to the owner, etc. of adjacent land because the utility value thereof is substantially low in light of its scale, shape, location, etc.; |
| 6. | Where an implementer falling under any of Article 11 (1) 1 through 4 of the Act supplies land to a person selected according to the procedures and methods prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to develop a complex, multi-strata city in the urban development zone; |
| 6-2. | Where the Minister of Trade, Industry and Energy deems it necessary to supply developed land, etc. by a private contract to a foreign-capital invested company defined in subparagraph 6 of Article 2 of the Foreign Investment Promotion Act after deliberation by the foreign investment committee under Article 27 of that Act: Provided, That this shall apply only to developed land, etc. supplied between July 1, 2009 and June 30, 2011; |
| 6-3. | Where land developed by a development agent is supplied to the relevant development agent; |
| 7. | Where a competitive bid or drawing under paragraph (2) or (3) fails at least twice; |
| 8. | Where developed land, etc. can be supplied by a private contract under related statutes or regulations. |
| (6) | The value of developed land, etc. shall be appraised based on the appraised price. <Amended on Mar. 26, 2012; Dec. 5, 2017> |
| (7) | In a competitive bid under paragraph (2), the successful bidder shall be the highest bidder. In such cases, if land subject to the competitive bid is land for constructing a building consisting of both multi-unit housing referred to in subparagraph 2 of Table 1 of the Enforcement Decree of the Building Act and non-residential portion of land (including a complex of at least two buildings connected as one), the successful bidder shall be the highest bidder for the area (hereafter in this paragraph referred to as “commercial area”) calculated by multiplying the land area subject to the competitive bid by the ratio of the non-residential portion (referring to the ratio of the part subject to the district-unit plan included in the implementation plan, which shall be calculated against the total floor area of the building); and the supply price of the land shall be the aggregate of prices calculated by applying a successful bidding price for a commercial area and an appraised price for non-commercial area, respectively. <Amended on Mar. 26, 2012; Dec. 5, 2017> |
| (8) | Except as provided in paragraphs (1) through (7), the methods for selling developed land, etc. and other necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 5, 2017> |
| Article 58 (Supply Price of Developed Land) |
| (1) | “Facilities prescribed by Presidential Decree” in Article 27 (1) of the Act means each of the following: <Amended on Jun. 30, 2009; Apr. 6, 2011; Dec. 30, 2011; Mar. 26, 2012; Mar. 23, 2013; Aug. 11, 2016> |
| 1. | Government office buildings (including the principal offices of corporations, the total paid-in capital of which has been invested by the Government, up until December 31, 2013); |
| 2. | Social welfare facilities (referring to the social welfare facilities established by administrative agencies and social welfare foundations established under the Social Welfare Services Act): Provided, That the social welfare facilities established under the Social Welfare Services Act shall be limited to facilities other than fee-charging facilities, recommended by the head of the competent local government; |
| 5. | Multi-unit housing not exceeding the scale of national housing defined in subparagraph 6 of Article 2 of the Housing Act: Provided, That this shall be limited to where an implementer falling under any of Article 11 (1) 1 through 4 of the Act supplies land to a person who intends to construct multi-unit housing not exceeding the scale of national housing; |
| (2) | Deleted. <Nov. 4, 2014> |
| (3) | Matters necessary for the criteria, etc. for supply prices of facilities for which developed land, etc. can be supplied below the appraised price under Article 27 of the Act, shall be determined and announced by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 26, 2012; Mar. 23, 2013; Aug. 16, 2016> |
Section 3 Implementation of Projects by Replotting
| Article 59 (Certified Appraisal Institutions) |
“Certified appraisal institution prescribed by Presidential Decree” in Article 28 (3) of the Act means an appraisal corporation, etc. <Amended on Jan. 21, 2022>
| Article 60 (Modifications of Replotting Plans) |
| (1) | “Where insignificant matters prescribed by Presidential Decree are modified” in the proviso of Article 29 (2) of the Act means: <Amended on Mar. 23, 2013; Jun. 1, 2015> |
| 1. | Where any detail of replotting is modified due to a combination or subdivision of the existing land; |
| 2. | Where a replotting plan is modified with the consent of the owner of land or a building (for land allotted by the authorities in recompense for development outlay, referring to the implementer or the purchaser of the allotted land): Provided, That this shall be limited to where the modification of the replotting plan does not involve the owners of other land or buildings; |
| 4. | Where any land or building designated for replotting is liquidated; |
| 5. | Where otherwise prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Deleted. <Nov. 4, 2014> |
[This Article Wholly Amended on Mar. 26, 2012]
| Article 61 (Public Inspection of Relevant Documents) |
| (1) | Copies of the relevant documents to be made available to the public under the main clause of Article 29 (3) of the Act, are as follows: |
| 1. | Criteria for formulation of a replotting plan; |
| 2. | Deleted; <Nov. 4, 2015> |
| 3. | Deleted; <Nov. 4, 2015> |
| 4. | Approved drawings for the implementation plan, drawings for the replotting plan, and cadastral maps before formulating the replotting plan. |
| (2) | To make copies of the relevant documents available to the public under paragraph (1), the implementer shall inform the public of the venue, methods, etc. for the public inspection via the its website, etc. and make the relevant copies available to the public for at least 14 days. <Newly Inserted on Jun. 29, 2010> |
| (3) | “Where insignificant matters prescribed by Presidential Decree are modified” in the proviso of Article 29 (3) of the Act means cases falling under any of the subparagraphs of Article 60 (1). <Amended on Jun. 29, 2010; Nov. 4, 2014> |
| Article 62 (Standards for Excessively Small Land) |
| (1) | “Extent prescribed by Presidential Decree” in Article 31 (2) of the Act means the area of land determined pursuant to Article 80 of the Enforcement Decree of the Building Act. In such cases, whether land is excessively small shall be determined based on the eligible area (referring to the area of land that a landowner is entitled to receive, developed in the course of the urban development project, if replotting is made according to the replotting plan; hereafter in this Article the same shall apply). |
| (2) | Notwithstanding paragraph (1), the area that is the standard for the excessively small land may be determined separately by regulations, articles of association or implementation regulations, as prescribed by the Minister of Land, Infrastructure and Transport, in any of the following circumstances: <Amended on Mar. 23, 2013> |
| 1. | Where there are no existing buildings; |
| 2. | Where the number of lots of land to be designated for replotting exceeds the number of lots of land to be developed in the course of the urban development project; |
| 3. | Where the minimum area of the partitioned land determined by the district-unit plan regarding the land to be developed in the course of the urban development project according to the replotting plan exceeds the area of land determined pursuant to paragraph (1); |
| 4. | Where the project is implemented by the undivided combined method provided for in Article 43 (2) 2; |
| 5. | Where the implementer deems it impracticable to replot land based on the area of land determined under paragraph (1) in light of the replotting plan. |
| (3) | Except as otherwise expressly provided for in paragraphs (1) and (2), further details necessary for calculating the standards for excessively small land, including the methods for calculating eligible areas, shall be determined and announced by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 26, 2012]
| Article 62-2 (Matters to Be Notified for Applying for Multi-Level Replotting) |
| (1) | “When land or building falls short of the standard prescribed by Presidential Decree” in the proviso of Article 32 (1) of the Act means when the value of rights (referring to the value of rights obtainable by the owner of the previous land and buildings with regard to developed land, etc. after replotting pursuant to the replotting plan; hereafter in this Article the same shall apply) to the previous land and buildings owned by an applicant for multi-level replotting does not exceed 70/100 of the minimum supply price of sectioned buildings constructed on the land developed in the course of the urban development project. In such cases, the minimum supply price of sectioned buildings shall be determined based on the price determined under Article 28 (3) of the Act. |
| (2) | Notwithstanding paragraph (1), a landowner who has held a house on land up until replotting may file an application for multi-level replotting pursuant to Article 32 of the Act, regardless of the value of the right. |
| 1. | Standards for a replotting plan; |
| 2. | The details and appraised values of land and buildings before replotting, including the use and scale thereof; |
| 3. | The details and appraised values of buildings supplied through multi-level replotting, including the location, use and scale thereof; |
| 4. | The period, place, procedures and method for filing applications for multi-level replotting; |
| 5. | Other matters prescribed by regulations, articles of association or implementation regulations. |
| (4) | Each owner of land or a building (excluding any building constructed without permission) for which he or she seeks to file an application for multi-level replotting under Articles 32 (5) and 32-3 (1) of the Act, shall choose the type, scale and priority order of buildings to be supplied to him or her through multi-level replotting when filing such application. |
| (5) | Matters necessary for applying for multi-level replotting and supplying housing under paragraph (4), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 62-3 (Methods and Procedures for Supply of Housing and Other Buildings Following Multi-Level Replotting) |
| (1) | Each implementer shall supply the general public with buildings that remain after supplying housing, etc. following multi-level replotting under Article 32-3 (1) of the Act, in which case he or she may give priority to those who failed to receive land newly developed in the course of the urban development project and received proceeds from liquidation under Article 41 of the Act because they did not meet the eligibility for replotting or to tenants of buildings removed due to the urban development project. |
| (2) | To parcel out the buildings, etc. that remain after supplying housing, etc. to non-landowners pursuant to paragraph (1), the implementer shall make a public announcement, etc. of parceling-out, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 62-4 (Use of Land before Designation of Reserved Land for Replotting) |
| 1. | Where a landowner intends to develop land in a multi-level manner by constructing new buildings: Provided, That this shall be limited to land on which existing buildings or facilities are relocated or removed; |
| 2. | Where land is owned or purchased to build infrastructure, including a park. |
| (2) | A deposit to be made pursuant to Article 36-2 (2) 3 of the Act shall be an amount provided for in subparagraph 1, less an amount provided for in subparagraph 2: <Amended on Jul. 17, 2012> |
| 1. | An appraisal estimated as at the time of completion of the urban development project for the land to be used; |
| 2. | 60/100 of an appraisal before the urban development project of the entire land owned by a person seeking to use land within the urban development zone. |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 63 (Relocation and Removal of Obstacles) |
| (2) | “Period prescribed by Presidential Decree, such as winter” in Article 38 (2) of the Act means any of the following periods: <Newly Inserted on Jun. 29, 2010; Apr. 17, 2018> |
| 1. | The winter season (referring to a period between December 1 and the end of February of the following year); |
| 2. | A period between before sunrise and after sunset; |
| 5. | A period equivalent to any of subparagraphs 1 through 4 that a Special Self-Governing Province Governor or the head of a Si/Gun/Gu deems necessary to protect occupants. |
| (3) | Each public announcement under the proviso of Article 38 (3) of the Act shall be made in a daily newspaper distributed primarily in the jurisdictional area of the local government in which the relevant urban development zone is located, in the Official Gazette or an official bulletin, on the website, etc. In such cases, the implementer shall post the details of such public announcement in an appropriate location of the implementation district. <Amended on Jun. 29, 2010; Nov. 24, 2020> |
| (4) | “Insignificant relocation or removal prescribed by Presidential Decree” in the proviso of Article 38 (4) of the Act means relocation of a warehouse, garage or similar facility or removal of an awning, outdoor stairs or similar things. <Amended on Jun. 29, 2010> |
| Article 64 (Public Announcement of Completion of Construction Works by Replotting) |
| (1) | Each public announcement of completion of construction works pursuant to Article 40 (1) of the Act shall be made in the Official Gazette or an official bulletin. |
| (2) | Each public announcement pursuant to paragraph (1) shall include each of the following: |
| 1. | The name of the project; |
| 3. | The period of implementation; |
| 4. | The details of execution of construction works by type under the development plan. |
| (3) | Upon making the public announcement pursuant to paragraph (1), each implementer shall make the following documents available to the public for at least 14 days: |
| 1. | Documents stating the matters provided for in the subparagraphs of paragraph (2); |
| 2. | Construction designs and related drawings. |
| Article 65 (Period for Replotting Dispositions) |
| Article 66 (Public Announcement of Replotting Dispositions) |
| (1) | Each public announcement of a replotting disposition pursuant to Article 40 (5) of the Act shall be made in the Official Gazette or an official bulletin. |
| (2) | Each public announcement pursuant to paragraph (1) shall include each of the following: |
| 1. | The name of the project; |
| 3. | The period of implementation; |
| 4. | The date of replotting disposition; |
| 5. | The details of settlement of project costs; |
| 6. | The details of proceeds from sale of land allotted by the authorities in recompense for development outlay, subsidies, and project costs by revenue source. |
| Article 66-2 (Supply Price of Developed Land) |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 67 (Standards for Depreciation Compensation) |
The amount of depreciation compensation to be paid pursuant to Article 45 of the Act shall be an amount computed by dividing the difference between the gross amounts of value of land before and after implementation of the urban development project by the gross amount of value of land before implementation of the urban development project, multiplied by the value of either the previous land or the right to profit from that land before implementation of the urban development project.
| Article 68 (Collection and Grant of Proceeds from Liquidation) |
| (1) | When collecting or granting proceeds from liquidation in installments pursuant to Article 46 (2) of the Act, an amount calculated by multiplying the amount of proceeds from liquidation by the interest rate determined by regulations, articles of association or implementation regulations, may be collected or granted as interest. |
| (2) | Except as provided in paragraph (1), the collection or grant of proceeds from liquidation in installments shall be made, as determined by regulations, articles of association or implementation regulations. |
Section 4 Inspections of Completion
| Article 69 (Public Announcement of Completion of Works) |
| (1) | Each public announcement of completion of works pursuant to Article 51 of the Act shall be made in the Official Gazette or an official bulletin. |
| (2) | Each public announcement pursuant to paragraph (1) shall include each of the following: |
| 1. | The name of the project; |
| 3. | The location of the area in which the project is to be implemented; |
| 4. | The scale and scale by use of the area in which the project is to be implemented; |
| 5. | The date of completion; |
| 6. | The disposal of major facilities. |
| Article 70 (Permission for Use Prior to Completion) |
| (1) | To use developed land, etc. (including any building designated for multi-level replotting under Article 32 of the Act) prior to completion pursuant to the proviso of Article 53 of the Act, each implementer shall determine the scope of use and submit to the designating authority, an application for permission for use prior to completion that shall be accompanied by a written analysis of whether project implementation will be hindered. <Amended on Mar. 26, 2012> |
| (2) | Upon receipt of an application for permission under paragraph (1), a designating authority shall determine whether it grants permission after ascertaining whether the use of developed land, etc. will hinder project implementation. |
| Article 70-2 (Purposes of Use of Reinvestment of Development Gains) |
"Facilities prescribed by Presidential Decree, such as parking lots, and public, cultural, and athletic facilities" in Article 53-2 (1) 2 of the Act means the following facilities: [This Article Newly Inserted on Jun. 21, 2022]
CHAPTER IV APPORTIONMENT OF EXPENSES
| Article 71 (Scope of Facilities to Be Installed by Type) |
The scope of facilities to be installed, by type, referred to in Article 55 (4) of the Act is as follows: <Amended on Apr. 10, 2012; Jan. 5, 2021> | 1. | Roads: Roads meeting all of the following requirements: |
| (b) | National highways, local highways, and State-funded local highways to be built by local governments under the Road Act; |
| 2. | Water supply facilities and sewers: Water and sewage pipelines passing through the urban development zone not connected to water and sewage pipelines in the zone; |
| 3. | Electric facilities: Electricity transmission facilities between the infrastructure outside the urban development zone and the boundaries of individual lots adjoining an urban/Gun planning road at least six meters in width (hereinafter referred to as “individual lots”) under the land utilization plan or replotting plan for the urban development zone; |
| 4. | Gas supply facilities: Gas supply facilities between the gas supply infrastructure outside the urban development zone and the boundaries of individual lots: Provided, That when static pressure control rooms (rooms for pressure maintenance and control) are installed in individual lots inside the urban development zone to supply gas for cooking or unit heating (excluding central heating), such facilities include facilities for supplying gas to the static pressure control rooms; |
| 5. | Communications facilities: Pipeline facilities ranging from infrastructure outside the urban development zone, to the boundaries of individual lots inside the urban development zone, and cable facilities ranging from infrastructure outside the urban development zone, to the initial terminals of individual lots inside the urban development zone; |
| 6. | District heating facilities: Heating pipelines running from the point of divergence of key heating pipelines outside the urban development zone, to a closing valve at the entrance to each engine room in individual lots inside the urban development zone. |
| Article 72 (Apportionment of Expenses among Local Governments) |
| (1) | The aggregate charges imposed under Article 56 (1) of the Act shall not exceed 1/2 of the expenses incurred in the urban development project. In such cases, excluded from the expenses incurred in the urban development project are the investigation expenses, survey expenses, design expenses, and management expenses for the urban development project. |
| (2) | Where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a large city seeks to impose any charge on a City/Do or Si/Gun/Gu profiting from an urban development project under Article 56 (1) of the Act, he or she shall forward a statement specifying both the details of the aggregate expenses incurred in the urban development project and the amount of the charge, to the City/Do or Si/Gun/Gu on which he or she seeks to impose such charge. <Amended on Mar. 23, 2013> |
| (3) | The calculation and apportionment of charges under paragraph (1) and other necessary matters shall be determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (4) | Paragraphs (1) through (3) shall apply mutatis mutandis where the head of a Si (excluding a large city)/Gun/Gu seeks to apportion some of the expenses incurred in an urban development project, to other local government under Article 56 (2) of the Act. |
| Article 73 Deleted. <Nov. 4, 2014> |
| Article 74 (Infrastructure outside Urban Development Zones) |
| Article 75 (Apportionment of Expenses for Installing Additional Facilities) |
| (1) | To charge expenses for installing additional facilities under Article 58 (3) of the Act, the designating authority shall give written notice of the payment thereof to the person liable to bear them, along with design documents or other documents that provide a basis for calculation of the expenses. |
| (2) | If at least two persons are liable to bear expenses for installing additional facilities under paragraph (1), the designating authority shall consult in advance with them about the ratio of apportionment, the method for payment, etc. In such cases, if consultation fails, the designating authority may determine the amount to be apportioned to such persons in consideration of the extent, etc. that each of them is liable for the reason for payment. |
| (3) | If the reason for additionally building infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act is attributable to the implementer, the expenses incurred in building additional infrastructure that may be charged to the implementer under Article 58 (3) of the Act shall not exceed 10/100 of the total project cost as at the time the initial implementation plan is authorized: Provided, That when the implementer directly requests the designating authority to additionally build the infrastructure or building the additional infrastructure is required due to a modification to the development plan made at the implementer’s request, the expenses incurred in building such additional infrastructure may exceed 10/100 of the total project cost. |
| (4) | Matters necessary for the calculation and apportionment of expenses for building additional facilities shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 76 (Apportionment of Expenses for Building Infrastructure outside Urban Development Zones) |
| (2) | The aggregate charges to be imposed on the manager of public facilities that profit from infrastructure built outside an urban development zone pursuant to Article 58 (4) of the Act shall not exceed 1/3 of the expenses incurred in building such infrastructure. In such cases, the expenses incurred in building the infrastructure shall exclude the investigation expenses, survey expenses, design expenses and management expenses for building the infrastructure. <Newly Inserted on Nov. 4, 2014> |
| (3) | To impose charges under Article 58 (4) of the Act on a manager of public facilities, which is the State or a local government, the designating authority shall forward a statement specifying both the details of the total expenses incurred in building the relevant infrastructure and the amount of the charges, to the competent central administrative agency or the relevant local government on which it seeks to impose such charges. <Newly Inserted on Nov. 4, 2014> |
| (4) | The calculation and apportionment of charges pursuant to Article 58 (4) of the Act and other necessary matters shall be determined by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Nov. 4, 2014> |
| Article 77 (Scope of Subsidies or Loans) |
Subsidies or loans from the National Treasury under Article 59 of the Act are as follows: <Amended on Mar. 23, 2013; Aug. 24, 2021> | (a) | Costs incurred in constructing harbors, roads, and railroads; |
| (b) | Costs incurred in developing parks and green areas; |
| (c) | Costs incurred in constructing water supply facilities; |
| (d) | Costs incurred in constructing sewers and waste disposal facilities; |
| (e) | Costs incurred in constructing common utility ducts within the urban development zone; |
| (f) | Costs incurred in developing relocation complexes; |
| 2. | For an implementer other than those referred to in Article 11 (1) 1 of the Act, loans to cover the costs provided for in subparagraph 1: Provided, That for an implementer referred to in Article 11 (1) 7 of the Act, the total costs incurred in installing both water supply facilities and roads to connect to the urban development zone and 1/2 of the costs incurred in installing sewers may be subsidized. |
| Article 78 (Transfer of Property Tax to Special Accounts for Urban Development) |
[Title Amended on Dec. 20, 2010]
| Article 79 (Eligibility for Support from Special Accounts for Urban Development) |
[This Article Wholly Amended on Sep. 17, 2013]
| Article 80 (Use of Special Accounts for Urban Development) |
“Other matters prescribed by Presidential Decree” in Article 61 (1) 8 of the Act means costs incurred in implementing urban development projects by the heads of local governments.
| Article 81 (Operation and Management of Special Accounts for Urban Development) |
| (1) | The scope of subsidization by a special account for urban development under Article 61 of the Act is as follows: <Amended on Apr. 10, 2012> |
| 1. | Costs incurred in implementing projects by the head of a local government, as follows: |
| (a) | Costs incurred in conducting an urban development project; |
| 2. | Costs incurred in implementing projects by a person other than those provided for in subparagraph 1, as follows: |
| (a) | Up to 1/2 of the costs incurred in building urban/Gun planning facilities according to an urban development project; |
| (2) | The scope of loans from a special account for urban development under Article 61 of the Act is as follows: <Amended on Apr. 10, 2012> |
| 2. | Up to 1/3 of the costs for projects implemented by a person other than those provided for in subparagraph 1 as follows: |
| Article 82 (Procedures for Issuance of Urban Development Bonds) |
| (1) | Urban development bonds referred to in Article 62 (1) of the Act shall be issued by a Mayor/Do Governor, as prescribed by ordinance of the relevant City/Do. |
| (2) | To issue urban development bonds under Article 62 (1) of the Act, each Mayor/Do Governor shall obtain approval from the Minister of the Interior and Safety for each of the following: <Amended on Jun. 29, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The total value of bonds to be issued; |
| 2. | The method for issuance of bonds; |
| 3. | The terms of issuance of bonds; |
| 4. | The methods and procedures for redemption; |
| 5. | Other matters necessary for issuing bonds. |
| (3) | To issue urban development bonds after obtaining approval under paragraph (2), each Mayor/Do Governor shall publicly announce the following: |
| 1. | The total value of bonds to be issued; |
| 2. | The period of issuance of bonds; |
| 3. | The interest rate on bonds; |
| 4. | The methods and period for redeeming the principal; |
| 5. | The methods and period for paying interest. |
| Article 83 (Methods for Issuing Urban Development Bonds) |
| (1) | Urban development bonds may be issued either by means of electronic registration pursuant to the Act on Electronic Registration of Stocks and Bonds or without registering them, and detailed matters necessary in relation to the methods for issuance thereof shall be prescribed by ordinance of a City/Do. <Amended on Jun. 25, 2019> |
| (2) | The interest rate on urban development bonds shall be prescribed by ordinance of the relevant City/Do in consideration of the interest rates on national bonds and public bonds, the status of the special account, etc. as at the time such bonds are issued. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 18, 2018> |
| (3) | The maturity of the urban development bonds issued under Article 62 of the Act shall be prescribed by ordinance of a local government within five to ten years. |
| (5) | Matters necessary for issuance of urban development bonds, including the re-issuance, redemption, and delivery of purchase certificates thereof, and for conducting business affairs related thereto shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 84 (Purchase of Urban Development Bonds) |
| (1) | “Person prescribed by Presidential Decree” in Article 63 (1) 3 of the Act means a person who has obtained permission to change the shape and quality of land. |
| (2) | The urban development bonds to be purchased pursuant to Article 63 of the Act and the value thereof are as prescribed in attached Table 1. |
| (3) | Standards for calculating the area subject to purchase of urban development bonds pursuant to attached Table 1, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (4) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall require a person falling under any of the subparagraphs of Article 63 (1) of the Act to purchase urban development bonds, as prescribed by this Decree and ordinance of the relevant City/Do. |
| Article 85 (Calculation of Rents for State-Owned Land and Public Land) |
Rents for the land or factories owned by the State or a local government, and other State-owned land and public land (hereinafter referred to as “land, factories, etc.”) in an urban development zone under Article 69 (4) of the Act shall be calculated as follows: | 1. | The rent for State-owned land, factories, etc. shall be calculated by multiplying the value of the land, factories, etc. by a rate of at least 50/1,000: Provided, That for a corporation that has relocated from an overconcentration control region referred to in subparagraph 1 of Article 6 of the Seoul Metropolitan Area Readjustment Planning Act to an area outside the Seoul Metropolitan area by December 31, 2005, the rent shall be calculated by multiplying the value of the land, factories, etc. by a rate of at least 10/1,000 for the initial five years and by a rate of at least 25/1,000 for the subsequent five years; |
| 2. | The rent for local government-owned land, factories, etc. shall be calculated by multiplying the value of the land, factories, etc. by a rate of at least 10/1,000. |
| Article 85-2 (Projects Eligible for Special Exceptions) |
| (1) | “Project prescribed by Presidential Decree” in Article 71-2 (1) 1 of the Act means a project for which the scale of an area falling under any of the subparagraphs (excluding subparagraphs 2 and 6) of Article 5-2 (2), is at least 30/100 of the area of the urban development zone: Provided, That for a project deemed by the designating authority eligible for special exceptions through deliberation by the Urban Planning Committee under Article 8 of the Act, the ratio of the scale of the relevant area may be separately determined. |
| (2) | Every implementer who seeks the benefit of Article 71-2 (1) 2 of the Act shall file an application for special exception with the designating authority, which in turn, shall evaluate a low-carbon green city plan thereof. |
| (3) | Matters necessary for formulating and evaluating the low-carbon green city plan pursuant to paragraph (2) shall be determined and announced by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| 1. | Where a rental housing construction site or rental housing is supplied in excess of 50/100 (limited to where rental housing is supplied for at least 300 households) as compared with a plan for supplying rental-housing construction site or rental housing calculated under Article 21-3 of the Act; |
| 2. | Where at least 5/100 (it shall be at least 10,000 square meters) of the area of the urban development zone is developed and supplied as a residential complex for persons who relocate their residence due to the urban development project. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the application of special exceptions shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 85-3 (Scope of Special Exceptions) |
| (1) | “Extent prescribed by Presidential Decree” in the main clause and proviso, with the exception of the subparagraphs, of Article 71-2 (2) of the Act is as follows: <Amended on Mar. 23, 2013; Aug. 24, 2021> |
| 2. | Floor area ratio: 110/100 of the floor area ratio prescribed by ordinance of a relevant local government; |
| 5. | Height of buildings: If the height is designated for a group of blocks in a district-unit plan, the height shall be deemed designated and publicly announced by block under Article 60 (1) of the Building Act; |
| 6. | Securing urban parks or greenbelts: The area of urban parks or greenbelts to be included in a development plan by scale of development plans under Article 14 (2) of the Act on Urban Parks and Green Areas, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 7. | Standards for installing annexed parking lots: 50/100 of the standards for installation provided for in attached Table 1 of the Enforcement Decree of the Parking Lot Act; |
| 8. | Housing construction standards: If both housing and facilities, other than housing, are constructed as a complex, the standard prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport by applying mutatis mutandis special exceptions to multiple-purpose buildings under Articles 7 (2) and 12 of the Regulations on Standards for Housing Construction. |
| (2) | The detailed standards for applying special exceptions provided in the subparagraphs of paragraph (1) (excluding subparagraph 8 of said paragraph) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 85-4 (Application of Special Exceptions) |
| (1) | A designating authority that seeks the benefit of special exceptions relaxing standards applicable to combined development, etc. pursuant to Article 71-2 of the Act, shall formulate or modify a development plan, including the details of applicable special exceptions, such as the objects and extent of special exceptions, when formulating or modifying the development plan under Article 4 of the Act. |
| (2) | Except as provided in paragraph (1), other necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 85-5 (Public Perusal and Keeping of Relevant Documents) |
“Matters prescribed by Presidential Decree” in Article 72 (2) 5 of the Act means the following: Provided, That subparagraphs 2, 3, and 5 shall be limited to an urban development project for fully or partially developing an urban development zone by replotting: | 1. | A report on supervision of construction works for the urban development project; |
| 2. | A detailed statement of sale of land allotted by the authorities in recompense for development outlay (including buildings); |
| 5. | The minutes of the general meetings of the association, the board of representatives’ or the board of directors’ meetings, and other meetings determined by regulations, articles of association, etc.; |
| 6. | Other matters deemed necessary by the designating authority. |
[This Article Newly Inserted on Mar. 26, 2012]
| Article 85-6 (Specialized Inspection Institutions) |
| 2. | The Korea Real Estate Board under the Korea Real Estate Board Act; |
| 4. | Other institutions appropriate to perform inspections of the implementation of urban development projects, which are determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jun. 21, 2022]
| Article 85-7 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the maximum limit of profit rates for private participants prescribed in Article 25-3 (1) every three years, counting from June 22, 2022 (referring to the period that ends on the day before June 22 of every third year) and shall take measures, such as making improvements. [This Article Newly Inserted on Jun. 21, 2022]
CHAPTER V PENALTY PROVISIONS
| Article 86 (Imposer of Administrative Fines) |
| Article 87 (Imposition of Administrative Fines) |
ADDENDA <Presidential Decree No. 21019, Sep. 18, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2008: Provided, That the amended provisions of subparagraph 10 of Article 7, subparagraph 13 of Article 14, and the proviso of Article 55 (1) 1, shall enter into force on January 1, 2009, and the amended provisions of Articles 18 (5) 2 and 83 (4) on February 4, 2009, respectively. Article 2 (Transitional Measures concerning Enforcement Dates)
| (1) | Subparagraph 10 of Article 7 of this Decree shall read as follows, until the amended provisions thereof enter into force under the proviso of Article 1 of these Addenda: |
| 10. | A modification of an urban development project plan under Article 4 (1) of the Act (hereinafter referred to as “development plan”) that reflects the outcomes of consultations on various forms of impact assessment under the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters to the extent that the burden of expenses on landowners is not increased. |
| (2) | Subparagraph 13 of Article 14 of this Decree shall read as follows, until the amended provisions thereof enter into force under the proviso of Article 1 of these Addenda: |
| 13. | A modification of a development plan that reflects the outcomes of consultations on various forms of impact assessment under the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters. |
| (3) | The proviso of Article 55 (1) 1 of this Decree shall read as follows, until the amended provisions thereof enter into force under the proviso of Article 1 of these Addenda: Provided, That an advance payment may be received before authorization for an implementation plan is granted only when a plan for investment in infrastructure is materialized through various forms of impact assessment, etc. under the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters. |
| (4) | Article 18 (5) 2 of this Decree shall read as follows, until the amended provisions thereof enter into force under the proviso of Article 1 of these Addenda: |
| (5) | Article 83 (4) of this Decree shall read as follows, until the amended provisions thereof enter into force under the proviso of Article 1 of these Addenda: |
| (4) | An institution that manages the sale and redemption of urban development bonds shall be either a financial institution designated by the relevant Mayor/Do Governor or the Korea Securities Depository established under Article 173 of the Securities and Exchange Act. |
Article 3 (Applicability to Conditions of Consent by Owners of Co-Owned Land and Supply Price of Sites for Multi-Unit Housing below Scale of National Housing)
The amended provisions of Article 6 (2) 2, 3, and 5, Article 25 (1) 1, 2, and 4 and Article 32 (2) 1 concerning the conditions, etc. of consent by the owners of co-owned land and the amended provisions of Article 58 (1) 5 concerning the supply price of the sites for multi-unit housing not exceeding the scale of national housing shall begin to apply to the first urban development project proposed after this Decree enters into force. Article 4 Deleted.
Article 5 (Relationship with Other Statutes)
Any citation of the provisions of the previous Enforcement Decree of the Urban Development Act in other statutes as at the time this Decree enters into force shall be deemed a citation of this Decree or the corresponding provisions thereof in lieu of the previous provisions, if this Decree includes any provision corresponding thereto.
ADDENDA <Presidential Decree No. 21231, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009: Provided, That … <omitted> … Article 3 of these Addenda shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22241, Jun. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2010.
Article 2 (Applicability to Extension of Filing Period of Applications for Designation of Implementers by Replotting Method)
The amended provisions of the main clause of Article 20 (2) shall begin to apply to the first urban development zone designated and announced after this Decree enters into force. Article 3 (Applicability to Succession to Voting Rights of Association Members)
The amended provisions of Article 32 (2) 1 shall also apply to an association which obtained authorization for its establishment before June 30, 2010 and an association which filed an application for authorization for its establishment on June 30, 2010 and obtained authorization after that day. <Amended by Presidential Decree No. 27454, Aug. 16, 2016>
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22525, Dec. 13, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 22665, Feb. 9, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Shortening Period of Consultation)
Where a request for consultation was made under Article 19 (3) of the Act before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 41.
ADDENDA <Presidential Decree No. 22896, Apr. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Shortening Period for Giving Notification of Proposals for Designation of Urban Development Zones)
The amended provisions of Article 23 (3) shall begin to apply to the first proposal for designation of an urban development zone made after this Decree enters into force. Article 3 (Applicability to Methods, etc. for Calculating Number of Consenters to Apply for Authorization to Establish Associations)
The amended provisions of Article 31 shall begin to apply to the first association that applies for authorization for its establishment after this Decree enters into force. Article 4 (Transitional Measures concerning Administrative Fines)
| (1) | For the purposes of applying the standards for imposition of administrative fines to offenses committed before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 87 and attached Table 2. |
| (2) | Any disposition to impose an administrative fine regarding any offense committed before this Decree enters into force shall be disregarded for the purposes of calculating the number of offenses under the amended provisions of attached Table 2. |
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23472, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scale of Urban Development Zones)
The amended provisions of Article 2 (1) 2 (a) shall begin to apply to the first urban development zone designated and announced after this Decree enters into force. Article 3 (Applicability to Matters to Be Included in Development Plans)
The amended provisions of Article 8 (1) 11 and 12 shall begin to apply to the first proposal for an urban development project made after this Decree enters into force. Article 4 (Applicability to Supply Price of Developed Land, etc.)
The amended provisions of Article 58 (1) 4 shall begin to apply to the first proposal for an urban development project made after this Decree enters into force.
ADDENDA <Presidential Decree No. 23535, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23685, Mar. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2012: Provided, That the amended provisions of Articles 6, 7 (1), 13 (1), 31 (1), 41-2, and 44, and of the part of subparagraph 4 of Article 56 concerning Article 11 (1) 9-2, 10, and 11 of the Act shall enter into force on July 18, 2012. Article 2 (Applicability to Dividing or Combining Urban Development Zones)
The amended provisions of Articles 5-2, 43-2, 43-3, and 43-4 shall begin to apply to the first urban development zone designated on and after April 1, 2012. Article 3 (Applicability to Documents Accompanying Written Consents)
The amended provisions of Articles 6 (6) and 25 (2) shall apply to each written consents received on and after April 1, 2012. Article 4 (Applicability to Designation of Urban Development Zones and Announcement, Public Inspection, etc. of Development Plans)
The amended provisions of Article 15 (1) and (2) shall begin to apply to the first urban development zone designated on and after April 1, 2012. Article 5 (Applicability to Implementation Regulations, etc. for Urban Development Projects)
The amended provisions of Article 22 (2) through (4) shall begin to apply to the first implementation regulations enacted or amended on and after April 1, 2012. Article 6 (Applicability to Board of Representatives’ Authority to Act on Behalf of General Meetings)
The amended provisions of Article 36 (3) shall begin to apply to the first association that has obtained authorization for its establishment on and after April 1, 2012: Provided, That with respect to minor modifications of development plans, the amended provisions shall begin to apply to the first meeting of the board of representatives held on and after April 1, 2012. Article 7 (Applicability to Organization of Council for Authorization and Permission)
The amended provisions of Article 41-2 shall begin to apply to the first applications for implementation plan filed on and after July 18, 2012. Article 8 (Applicability to Plans for Supply of Developed Land, etc.)
The amended provisions of subparagraphs 4 and 5 of Article 56 shall begin to apply to the first supply plan formulated on and after April 1, 2012. Article 9 (Applicability to Standards, etc. for Excessively Small Land, etc.)
The amended provisions of Articles 62 and 62-2 through 62-4 shall begin to apply to the first replotting plan formulated under Article 28 of the Act on and after April 1, 2012. Article 10 (Applicability to Apportionment of Expenses to Managers of Public Facilities)
The amended provisions of the proviso of Article 73 (1) shall apply where expenses incurred in conducting an urban development project are partially apportioned to managers of public facilities through consultation with such managers on and after April 1, 2012. Article 11 (Applicability to Projects Eligible for Special Exceptions to Relaxation of Standards Applicable to Combined Development, etc.)
The amended provisions of Article 85-2 shall begin to apply to the first urban development zone designated or the first development plan formulated on and after April 1, 2012. Article 12 (Transitional Measures concerning Terms, etc. for Supply of Rental Housing)
Where an implementer has already publicly announced the base date for selection of tenants after establishing relocation measures as of April 1, 2012, the selection of tenants and other relevant matters shall be determined pursuant to the public announcement concerning the selection of tenants notwithstanding the amended provisions of Article 43-5.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 23957, Jul. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 18, 2012.
Article 2 (Applicability to Plans, etc. for Creation of Construction Sites for Rental Housing)
The amended provisions of Article 43-3 (2) 1 shall begin to apply to the first urban development zone designated and announced after this Decree enters into force.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24509, Apr. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2013.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24757, Sep. 17, 2013>
This Decree shall enter into force on September 23, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25358, May 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2014.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25703, Nov. 4, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions of any Presidential Decree amended by Article 5 of the Addenda, which was promulgated before this Decree enters into force but the enforcement date of which has not yet arrived, shall enter into force on the date such Presidential Decree enters into force. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26618, Nov. 4, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 25-2 and 57 (4) shall enter into force on February 12, 2016. Article 2 (Applicability to Period of Notification of Trust Contract)
The amended provisions of Article 28 (2) shall also apply to a trust contract that has been concluded before this Decree enters into force and 14 days has not passed since the date of the conclusion of the contract. Article 3 (Transitional Measures concerning Proposal for Designation of Urban Development Zones)
Notwithstanding the amended provisions of the main clause of Article 23 (3), the previous provisions shall apply to a proposal for the designation of an urban development zone submitted to the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu before this Decree enters into force.
ADDENDA <Presidential Decree No. 26763, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 27066, Mar. 29, 2016>
This Decree shall enter into force on March 30, 2016.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 27454, Aug. 16, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27473, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 8 of the Addenda, the amended parts of the Presidential Decrees promulgated before this Decree enters into force, but the enforcement dates of which have not arrived, shall enter into force on the dates the relevant Presidential Decrees enter into force, respectively. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28459, Dec. 5, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Modifications to Development Plans Reflecting Results of Deliberation on Statement of Educational Environment Assessment)
The amended provisions of Articles 7 (2) and 14 (2) shall begin to apply to the first modification made to a development plan reflecting the results of deliberation on a statement of educational environment assessment under the Educational Environment Protection Act after this Decree enters into force. Article 3 (Applicability to Supply of Rental Housing Construction Sites)
The amended provisions of Article 57 shall begin to apply to the first plan for supplying developed land, etc. formulated or amended pursuant to Article 26 (1) of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 28628, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 28686, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2018. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28804, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 19, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29249, Oct. 23, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 25, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.
ADDENDUM <Presidential Decree No. 29395, Dec. 18, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 29892, Jun. 25, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 16, 2019. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31005, Sep. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31012, Sep. 10, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31176, Nov. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Methods Including Public Announcement)
This Decree shall begin to apply to a public announcement, publication, disclosure or public notice made or given after this Decree enters into force.
ADDENDA <Presidential Decree No. 31243, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31952, Aug. 24, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31961, Aug. 31, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2021.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 32352, Jan. 21, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2022.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 32449, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 32715, Jun. 21, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2022.
Article 2 (Transitional Measures concerning Consultations with Relevant Agencies When Urban Development Zones Are Designated)
Where a designating authority requests the head of the relevant administrative agency to have a consultation on the designation of an urban development zone under Article 8 (1) of the Act before this Act enters into force and the area of an urban development zone to be designated is at least 500,000 but less than 1,000,000 square meters, the previous provisions shall apply, notwithstanding the amended provisions of Article 14-2 (1).