Article 2 (Types, Sizes, and Establishment of Welfare Service Facilities) |
3. | Facilities to promote the activities for self-sufficiency and employment of tenants in long-term public rental housing (hereinafter referred to as "tenants"), such as regional self-sufficiency centers under Article 16 of the National Basic Living Security Act; |
(2) | Where a project owner newly builds, extends, or substantially repairs a community welfare center under subparagraph 5 of Article 2 of the Social Welfare Services Act for tenants, he or she shall endeavor to establish the facilities under paragraph (1) 3 through 5 in the relevant community welfare center. The priority, sizes, etc. of the establishment of facilities shall be determined by the project owner, in consultation with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). <Amended on Aug. 3. 2012; Apr. 10, 2018> |
(3) | Expenses incurred in establishing and operating facilities under paragraph (1) 3 through 5 shall be borne by each project owner in charge of affairs pursuant to the relevant statutes and regulations. |
Article 3 (Formulation and Implementation of Basic Plan and Implementation Plan) |
(1) | Where the Minister of Land, Infrastructure and Transport intends to formulate a basic plan for improving the quality of life of tenants under Article 3 (1) of the Act (hereinafter referred to as "basic plan"), he or she shall prepare a draft basic plan and consult with the heads of relevant central administrative agencies, and shall hear opinions from the Special Self-Governing City Mayor, Do Governor, and Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") <Amended on Apr. 10, 2018> |
(2) | Where the Minister of Land, Infrastructure and Transport has formulated a basic plan, he or she shall notify the heads of relevant central administrative agencies and the heads of local governments thereof. <Newly Inserted on Apr. 10, 2018> |
(3) | "Matters prescribed by Presidential Decree" under Article 3 (2) 6 of the Act means support for any of the following projects: <Amended on Apr. 10, 2018> |
1. | A project for reducing management expenses of tenants; |
2. | A project for creating a pleasant complex environment; |
3. | A project for preventing accidents and improving sanitary environments; |
4. | A project for creating social jobs for the employment of tenants; |
5. | A project for providing information for the promotion of tenants' employment and vocational counseling, and developing vocational education and training programs; |
6. | A project for developing counseling, education, and support programs for mentally disabled persons, alcohol addicts, etc.; |
7. | A project for providing care services for tenants in need of protection, such as senior citizens living alone, persons with disabilities, and children; |
8. | Other projects the Minister of Land, Infrastructure and Transport deems necessary to promote the housing welfare for tenants. |
(4) | Expenses incurred implementing facilities under paragraph (3) shall be borne by each project owner in charge of affairs pursuant to relevant statutes and regulations. <Amended on Apr. 10, 2018> |
(5) | Where a Mayor/Do Governor intends to formulate an yearly implementation plan (hereinafter referred to as "implementation plan") under Article 3 (4) of the Act, he or she shall prepare a draft implementation plan and consult with the head of the competent Si/Gun/Gu, and where he or she has formulated an implementation plan, he or she shall notify the Minister of Land, Infrastructure and Transport and the head of the competent Si/Gun/Gu thereof without delay. <Newly Inserted on Apr. 10, 2018> |
(6) | If necessary for the formulation of a basic plan and implementation plan, the Minister of Land, Infrastructure and Transport may request the head of a relevant central administrative agency, the head of a local government, or a project owner to submit relevant data. <Newly Inserted on Apr. 10, 2018> |
[Title Amended on Apr. 10, 2018]
Article 3-2 (Matters for Fact-Finding Survey) |
"Matters prescribed by Presidential Decree ··· such as the deterioration of facilities of long-term public rental housing, the installation of convenience facilities, and the installation of equipment within welfare service facilities" under Article 3-3 (1) of the Act means the following matters: 1. | The degree of deterioration and the status of maintenance and repair of facilities of long-term public rental housing; |
2. | Current status of installation of convenience facilities and installation of equipment in welfare service facilities; |
3. | Current status of installation and procurement of facilities, equipment, etc. to be installed or procured pursuant to statutes and regulations; |
4. | Tenants‘ satisfaction on residential environments and preference for welfare service facilities; |
5. | Other matters for which a fact-finding survey is required to support the improvement of the quality of life for tenants. |
[This Article Newly Inserted on Jun. 8, 2021]
Article 4 (State Subsidization of Rent) |
(1) | Where a project owner charges tenants for rent at differential rates pursuant to Article 5 of the Act, the State may grant the project owner a subsidy within the budget in the following order, taking into account the fiscal capacity, etc. of the project owner: <Amended on Dec. 30, 2015> |
3. | A difference of the total amount of rent for persons with disabilities, North Korean refugees, child-headed families, single-parent families, persons of distinguished service to the State, persons over 65 years old, or other socially vulnerable groups; |
4. | A difference of the total amount of rent for persons whose income is below the standard income for the qualifications for tenancy of national rental housing. |
(2) | A project owner may request the head of the relevant administrative agency for data on the income examination of lessees for subsidization of rent under Article 5 of the Act. In such cases, the head of the relevant administrative agency in receipt of such request shall comply therewith unless there is a compelling reason not to do so. |
Article 5 Deleted. <Sep. 14, 2021> |
Article 6 (Measures Necessary for Projects for Remodeling or Redeveloping Long-Term Public Rental Housing) |
(1) | Where a project owner conducts a remodeling project under Article 8 of the Act or a redeveloping project under Article 9 of the Act (hereinafter referred to as "redevelopment project"), he or she shall endeavor to fulfill the following matters: <Amended on Sep. 14, 2021> |
1. | Enhancement of convenience in moving into and out of long-term public rental housing; |
2. | Expansion of welfare service facilities in consideration of the conditions of neighboring areas. |
(2) | Where a project owner remodels long-term public rental housing under Article 8 of the Act, he or she shall formulate measures for relocation of tenants, such as the installation of temporary accommodation facilities, in accordance with relevant statutes and regulations, for persons who wish to move into another long-term public rental housing. <Amended on Sep. 14, 2021> |
(3) | Where a project owner remodels long-term public rental housing pursuant to Article 8 of the Act, he or she shall consult in advance with the head of the relevant central administrative agency when formulating a project plan. <Amended on Sep. 14, 2021> |
[Title Amended on Sep. 14, 2021]
Article 6-2 (Methods of Public Announcement of Plans for Redevelopment Project) |
(1) | A public announcement of a project plan under Article 9 (2) of the Act shall be made on a website of the relevant long-term public rental housing complex (if there is no website, a website of similar function operated and controlled by a project owner through the Internet portal or the bulletin board of the management office) shall be separately posted on the bulletin board for each building (including bulletin boards for each passage where bulletin boards for each passage are installed). |
(2) | When a project owner publicly announces a project plan under Article 9 (2) of the Act, it shall notify the tenants and lessees of welfare service facilities (hereinafter referred to as "tenants, etc.") individually. |
[This Article Newly Inserted on Sep. 14, 2021]
Article 6-3 (Details of Relocation Measures Following Redevelopment Projects) |
Articles 77 (1) and 78 (6) of the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to relocation measures for tenants, etc. following the implementation of redevelopment projects. <Amended on May 9, 2022> |
[This Article Newly Inserted on Sep. 14, 2021]
Article 6-4 (Preferential Rights of Existing Tenants) |
(1) | Where a project owner intends to select tenants of long-term public rental housing constructed and supplied through a redevelopment project, notwithstanding the method of selecting tenants prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to the former part of Article 48 (1) of the Special Act on Public Housing, he or she shall select persons who were tenants of the long-term public rental housing to be demolished due to a redevelopment project (referring to a persons who were tenants at the time of approval of the project plan pursuant to Article 35 (1) of the Special Act on Public Housing for redevelopment projects; hereafter the same shall apply in this Article) shall be given priority in selection. |
(2) | Where a project owner recruits persons eligible for tenancy in order to select tenants pursuant to paragraph (1), he or she may recruit persons who were tenants of the long-term public rental housing to be demolished due to redevelopment projects, separately from other persons eligible for tenancy. |
[This Article Newly Inserted on Sep. 14, 2021]
Article 7 (Relaxation of Building-to-Land Ratio) |
(1) | The restrictions on the building-to-land ratio, the floor area ratio, and the height shall be relaxed by 120/100 of the standards under the National Land Planning and Utilization Act and the Building Act pursuant to Article 10 (1) of the Act; provided, the building-to-land ratio, the floor area ratio, and the height may be strengthened, as prescribed by ordinance of local governments, in consideration of regional characteristics, etc. <Amended on Sep. 14, 2021> |
(2) | "Scope prescribed by Presidential Decree" in Article 10 (4) of the Act means the scope in the following classifications: <Newly Inserted on Sep. 14, 2021> |
1. | Where the area of the redevelopment projects is less than 100,000 square meters: Exemption from the obligation to secure an urban park or green area; |
2. | Where the area of the redevelopment projects is more than 100,000 square meters: Securement of urban parks or green areas, the area of which is at least the area calculated by multiplying the total number of households by 2 square meters or the area that is 5 percent of the area of the redevelopment project, whichever is larger. |
Article 8 (Extension of Long-Term Public Rental Housing Complex) |
A project owner may construct and supply housing under subparagraph 1 (a) of Article 2 of the Special Act on Public Housing pursuant to Article 10-2 (1) of the Act, by extending another building on another lot of land within a long-term public rental housing complex or extending another building after removing the existing appurtenant facilities and welfare facilities. <Amended on Apr. 29, 2014; Dec. 28, 2015> [This Article Newly Inserted on Jul. 15, 2010]
Article 9 (Approval of Project Plans) |
(1) | Where a project owner intends to obtain approval for a project plan for extension (hereinafter referred to as "project plan") pursuant to Article 10-2 (2) of the Act, he or she shall submit an application for approval of a project plan, accompanied by the following documents, to the approving authority under Article 10-2 (2) of the Act: <Amended on Mar. 23, 2013> |
1. | A housing construction project plan; |
2. | A plot plan of housing, appurtenant facilities, and welfare facilities before and after the implementation of the project; |
3. | Documents necessary for the consultation under Article 10-2 (4) of the Act; |
4. | Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(2) | A project owner shall hear opinions of tenants of a long-term public rental housing complex for which he or she intends to implement a project through a briefing session, etc. before submitting an application for approval of a project plan pursuant to paragraph (1), and reflect opinions in the project plan if such opinions are deemed appropriate. |
[This Article Newly Inserted on Jul. 15, 2010]
Article 10 (Scope of Relaxation of Building Standards and Housing Construction Standards) |
(1) | The standards which may be relaxed and applied pursuant to Article 10-2 (3) of the Act shall be as follows: <Amended on Apr. 29, 2014; Dec. 28, 2015; Jul. 19, 2016; Aug. 11, 2016> |
(2) | Where the authorizing authority under Article 10-2 (2) of the Act approves the building standards and housing construction standards pursuant to paragraph (1) by relaxing such standards, he or she shall determine whether to relax such standards and the scope of relaxation in consideration of the following matters: |
1. | Sites and buildings within the long-term public rental housing complex shall not be overcrowded; |
2. | No public interest, aesthetics and surrounding environment of any urban area shall be excessively infringed. |
(3) | In order to relax building standards, housing construction standards, etc. pursuant to paragraph (2), a building committee under Article 4 of the Building Act shall deliberate thereupon. |
[This Article Newly Inserted on Jul. 15, 2010]
Article 11 (Support for Existing Tenants) |
"Support prescribed by Presidential Decree, such as preferential rights to move into the relevant houses" in Article 10-2 (7) of the Act means the following matters: <Amended on Jul. 19, 2016; Sep. 14, 2021> 1. | Preferential rights of the aged and persons with disabilities, from among existing tenants, into the housing to be extended; |
2. | Temporary use as housing for relocation in case of remodeling and redeveloping existing housing. |
[This Article Newly Inserted on Jul. 15, 2010]
Article 12 (Entrustment of Operation of Welfare Service Facilities) |
(2) | Where the head of a central administrative agency or the head of a local government entrusts the operation of welfare service facilities pursuant to paragraph (1), he or she shall publicly notify the entrusted facilities and the name, representative, and location of the entrusted corporation in the Official Gazette or official report. |
[This Article Newly Inserted on Jul. 19, 2016]
Article 13 (Use of Communal Facilities) |
(1) | "Facilities prescribed by Presidential Decree" in Article 10-4 (1), with the exception of its subparagraphs, of the Act means the facilities that meet all of the following requirements: |
(a) | A kindergarten established pursuant to Article 52 of the Regulations on Standards for Housing Construction; |
(b) | A communal facility for residents established pursuant to Article 55-2 (3) and (4) of the Regulations on Standards for Housing Construction; |
2. | It shall have not been continuously used for at least a year (calculated based on the date of report under Article 10-4 (2) of the Act) for the purpose for which a business plan has been approved pursuant to Article 15 of the Housing Act. |
(2) | "Non-profit organizations prescribed by Presidential Decree" in Article 10-4 (1) 3 of the Act means any of the following organizations: |
[This Article Newly Inserted on Aug. 28, 2018]
Article 14 (Processing Personally Identifiable Information) |
[This Article Newly Inserted on Sep. 14, 2021]
ADDENDUM <Presidential Decree No. 21930, Dec. 30, 2009>
This Decree shall enter into force on January 1, 2010.
ADDENDUM <Presidential Decree No. 22279, Jul. 15, 2010>
This Decree shall enter into force on July 16, 2010.
ADDENDA <Presidential Decree No. 24020, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012. (Proviso Omitted.)
Article 2 Omitted.
Article 3 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. 25339, Apr. 29, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 26651, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 19, 2015.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 26762, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 26812, Dec. 30, 2015>
This Decree shall enter into force on January 1, 2016.
ADDENDUM <Presidential Decree No. 27361, Jul. 19, 2016>
This Decree shall enter into force on July 20, 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.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 28791, Apr. 10, 2018>
This Decree shall enter into force on April 25, 2018.
ADDENDUM <Presidential Decree No. 29126, Aug. 28, 2018>
This Decree shall enter into force on September 14, 2018.
ADDENDUM <Presidential Decree No. 31753, Jun. 8, 2021>
This Decree shall enter into force on June 9, 2021.
ADDENDUM <Presidential Decree No. 31984, Sep. 14, 2021>
This Decree shall enter into force on September 17, 2021.
ADDENDA <Presidential Decree No. 32638, May 9, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2022.
Article 2 Omitted.