CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended on Apr. 24, 2009]
CHAPTER II COMMON PROVISIONS ON PUBLIC PROPERTY
| Article 2 (Scope of public property) |
| 1. | Track vehicles, such as locomotives, streetcars, passenger cars, freight cars, and railcars; |
| 2. | Other machinery and apparatuses prescribed by the head of a local government with the approval of the Minister of the Interior and Safety. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 3 (Classification of public property) |
In Article 5 (2) 1 through 3 of the Act, "property decided to be used" means property that is decided to be used within 5 years in the future, and "property under construction for use" means buildings and other facilities corresponding to the performance payments made for construction. [This Article Wholly Amended on Apr. 24, 2009]
| Article 4 (Property insurance and mutual-aid contracts) |
| (1) | The head of a local government shall subscribe to property insurance or mutual-aid for the following public property: |
| 1. | Buildings and vessels; |
| 2. | Structures, machinery, and apparatuses recorded in the register of public property whose value is at least 100 million won and which are deemed important by the head of the local government. |
| (2) | Where a local government permits the use of, or leases, any property for which it has subscribed to property insurance or mutual-aid pursuant to paragraph (1), the local government may impose on the permittee or lessee an amount corresponding to the insurance premium or mutual-aid contribution paid by the local government, regardless of whether the use or lease is for a fee or free of charge. <Amended on Jul. 7, 2014; Apr. 20, 2022> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 5 (Acceptance of donation) |
| (1) | When the head of a local government accepts a donation under Article 7 (1) of the Act, he or she shall receive from the donor a donation letter clearly specifying the following matters and the documents necessary to secure the rights; in such cases, the head of a local government shall, if necessary, verify the building register or land register, building ledger, land ledger, forest land ledger, cadastral map, or forest land map of the relevant property through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: <Amended on Jul. 7, 2014> |
| 1. | Specification of the donated property; |
| 2. | Name, title (in the case of a corporation, the name of its representative), and address of the donor; |
| 3. | Purpose of the donation; |
| 4. | Value of the donated property; |
| 5. | Drawings of the donated property. |
| (2) | Where a representative makes a donation, the head of a local government shall have such representative attach to the donation letter under paragraph (1) a document proving the representative status and a detailed statement specifying the names and addresses of each donor and the donated property. |
| (3) | Where a donor and his or her heirs or other universal successors intend to have another person use or profit from administrative property with the approval of the head of a local government under the proviso of Article 20 (3) of the Act, they shall submit to the head of a local government a sublease business plan specifying the following matters within the period for which permission for use has been granted under Article 20 (1) of the Act: <Amended on Jan. 9, 2018; Apr. 20, 2022> |
| 1. | Description of the property to be subleased; |
| 2. | Purpose, method, and period of the use or profit from the property to be subleased; |
| 3. | Name and address of the person who will use or profit from the subleased property. |
| (4) | "Where it is impracticable for a local government to manage the property to be donated or where a local government does not need such property" in the main clause of Article 7 (2) of the Act means any of the following cases: <Amended on Apr. 20, 2022> |
| 1. | Where it is difficult for the relevant local government to directly use the property even after the period of gratuitous permission for use has expired; |
| 2. | Where the maintenance and repair costs are excessively high compared to the value of the property; |
| 3. | Deleted; <Apr. 20, 2022> |
| 4. | Any other case recognized as not beneficial to local finance. |
| (5) | Where a building or other permanent facility is constructed under the condition of donation, the head of a local government shall, before granting permission for use, enter into a contract concerning the donation or obtain a written undertaking of performance. <Added on Jul. 7, 2014; Apr. 20, 2022> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 6 (Registration or records) |
Registration, records, or other measures necessary for the preservation of rights under Article 9 (1) of the Act shall be taken within 60 days from the date the relevant public property falls under the jurisdiction of the relevant local government. <Amended on Jul. 7, 2014> [This Article Wholly Amended on Apr. 24, 2009]
| Article 6-2 (Medium-term public property management plan) |
"Matters regarding the management or disposal of public property prescribed by Presidential Decree" in Article 10 (3) 5 of the Act means the following: | 1. | Standards for the acquisition of public property; |
| 2. | Development of and investment in general property; |
| 3. | Collection and management of revenue arising from the management or disposal of public property; |
| 4. | Other matters equivalent to those under subparagraphs 1 through 3 that are necessary for the systematic management or disposal of public property, as prescribed and publicly notified by the Minister of the Interior and Safety. |
[This Article Added on Apr. 20, 2022]
| Article 7 (Public property management plan) |
| (1) | The matters to be included in a plan for the acquisition and disposal of public property (hereinafter referred to as "public property management plan") under the former part of Article 10-2 (1) of the Act shall be the acquisition [referring to purchase, acceptance of donation, gratuitous acquisition, land substitution, gratuitous reversion, exchange, construction or extension of buildings and installation of structures, investment, and other acquisition; hereinafter the same shall apply in this Article] and disposal (referring to sale, transfer, exchange, gratuitous reversion, demolition of buildings, investment, and other disposal; hereinafter the same shall apply in this Article) of any of the following property: <Amended on Apr. 20, 2022> |
| 1. | Property of which the standard price per case for acquisition or disposal of public property is not less than the amount prescribed by municipal ordinances of the relevant local government; |
| 2. | Land of which the standard area per case for acquisition or disposal of public property is not less than the area prescribed by municipal ordinances of the relevant local government. |
| (2) | When establishing a public property management plan under paragraph (1), the following matters shall be specified: <Amended on Apr. 20, 2022> |
| 1. | Project purpose and use; |
| 5. | Details of the standard price; |
| (3) | Notwithstanding paragraph (1), the acquisition or disposal of any of the following property shall not be included in a public property management plan: <Amended on Feb. 9, 2018; Apr. 20, 2022> |
| 3. | Acquisition or loss of ownership, etc. pursuant to a court judgment; |
| 7. | Acquisition or disposal of property approved or consented to by the local council; |
| 9. | Acquisition or disposal of property to which a public property management plan is not applicable under other statutes; |
| 10. | Acquisition or disposal of property the acquisition or disposal of which is mandatory for the relevant local government under other statutes; |
| 11. | Acquisition of public facilities attached to the main project objects under the conditions of authorization, permission, or project approval under other statutes; |
| 12. | Acquisition of property replacing existing public property with the same purpose and scale. |
| (4) | Where any of the following grounds arises after obtaining a resolution from the local council on a public property management plan, the head of a local government shall establish a modification plan and obtain a resolution from the local council thereon: <Amended on Apr. 20, 2022> |
| 1. | Where the project purpose or use is changed; |
| 2. | Where the location of the public property to be acquired or disposed of is changed; |
| 3. | Where the area of the land increases or decreases by more than 30 percent; |
| 4. | Where the standard price of land, buildings, or other facilities increases or decreases by more than 30 percent: provided, this shall not apply where the contract amount is changed due to price fluctuations during construction. |
| (5) | The criteria for preparing a public property management plan shall be determined by the Minister of the Interior and Safety and notified to each local government by July 31 of the preceding year. <Amended on Nov. 19, 2014; Jul. 20, 2015; Jul. 26, 2017; Apr. 20, 2022> |
| (6) | In paragraph (1) 1 and 2, "per case" means any of the following: <Amended on Apr. 20, 2022> |
| 1. | Where accounting procedures are carried out simultaneously using the same acquisition or disposal method; |
| 2. | Where land, buildings, and their ancillary facilities are acquired or disposed of over multiple years according to a single project plan; |
| 3. | Where the counterparty to the purchase or sale is the same person; |
| 4. | Where a building and the land on which it is located are acquired or disposed of together; |
| 5. | Where property adjacent to or forming ancillary facilities to the relevant property, which is inseparable from such property, is acquired or disposed of together; |
| 6. | Where dispersed or subdivided property is nonetheless managed and operated for the same purpose and is acquired or disposed of together; |
| 7. | Any other case recognized as requiring approval for acquisition or disposal as one case according to social norms or the specific circumstances of the relevant property. |
| (7) | In this Article, "standard price" means the price of the property classified as follows; provided, in the case of construction or extension of buildings and installation of structures or other facilities, the project cost, such as construction cost and facility cost, excluding the cost for acquiring land, such as land compensation cost, shall apply: <Amended on Aug. 31, 2016; Apr. 20, 2022> |
| 2. | Housing: The price classified as follows: |
| c. | Housing for which neither an individual housing price nor a multi-family housing price is publicly notified: The standard market price under the proviso of Article 4 (1) of the Local Tax Act; |
| d. | Deleted; <Apr. 20, 2022> |
[This Article Wholly Amended on Jul. 7, 2014]
[Title Amended on Apr. 20, 2022]
| Article 8 (Transfer of property between accounts) |
When property is transferred between accounts under Article 12 of the Act, the transfer shall be based on the registered value of the relevant public property; provided, when property is transferred for value between the general account and the special account for educational expenses, the transfer may be based on any of the following prices: | 1. | The appraised value assessed by a single appraisal corporation, etc. under the Act on Appraisal and Certified Appraisers (in areas where there is no such appraisal corporation, including the appraised value assessed by a bank, an agricultural cooperative, or a fisheries cooperative under the Banking Act located in the area; hereinafter the same shall apply); |
| 2. | The arithmetic mean of the appraised values assessed by at least 2 appraisal corporations, etc.; |
| 3. | The property value calculated by the methods under each subparagraph of Article 31 (2). |
[This Article Added on Jan. 7, 2025].
| Article 9 (Prohibition on construction of permanent facilities) |
| (1) | The cases where permanent facilities may be constructed on public property under the proviso of Article 13 of the Act shall be limited to the following: <Amended on Jul. 7, 2014; Jul. 2, 2019; Dec. 22, 2020; Apr. 20, 2022> |
| 1. | Where permanent facilities are constructed on condition that they are donated to the relevant local government upon completion; |
| 2. | Deleted; <Dec. 22, 2020> |
| 3. | Where a person who has obtained permission for use or a lease constructs permanent facilities to use them during the permitted period of use or lease period, on condition of voluntary demolition and deposit of demolition costs; in such cases, the demolition costs shall be deposited before commencing the construction of the permanent facilities; |
| 4. | Deleted; <Jan. 9, 2018> |
| 5. | Where the person who has leased general property by private contract under Article 29 (1) 13 or 23 or who has leased general property under subparagraph 19 of that paragraph constructs permanent facilities on condition that the leased property will be purchased upon expiration of the lease period; |
| 6. | Where public facilities the ownership of which vests in the local government under other statutes are constructed; |
| 7. | Where permanent facilities are constructed with consent to use property for which a contract for sale, transfer, or exchange has been concluded but ownership has not yet been transferred; provided, in the case of installment sale or exchange, this shall be limited to cases where at least 1/2 of the sale or exchange price has been paid; |
| 8. | Where general property is developed through trust or entrustment; |
| 9. | Where structures are installed in the air, on the ground, or underground of the relevant public property within the extent not interfering with the current or future use of public property by the local government, and such installation meets the standards prescribed by the Minister of the Interior and Safety; |
| 10. | Where the head of a local government other than the head of the relevant local government installs complex facilities such as cultural and welfare facilities or living sports facilities in a public school that can be jointly used by students and residents; |
| 11. | Where the head of a local government other than the head of the relevant local government constructs permanent facilities on public property falling under public property under Article 5 (2) 1 (hereinafter referred to as "public property") or public-use property under subparagraph 2 of that paragraph (hereinafter referred to as "public-use property"), with mutual consent between the heads of local governments and approval of the relevant local council. |
| (2) | A person who intends to construct permanent facilities under the proviso of Article 13 of the Act and each subparagraph of paragraph (1) shall submit to the head of the relevant local government a plan regarding the construction or restoration of such permanent facilities. <Added on Jul. 7, 2014> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 10 (Attribution of usage fees) |
| (1) | "The amount prescribed by Presidential Decree" in Article 14 (3) of the Act means the following amounts: <Amended on Aug. 4, 2010; Jul. 12, 2016; Jan. 9, 2018; Apr. 20, 2022> |
| 1. | In cases of permission for use or lease: 50/100 of the usage fee or rental fee; |
| 2. | In cases of imposition of indemnity: 50/100 of the indemnity; |
| 3. | In cases of sale: An amount calculated by applying the ratio determined by a Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor to each Si/Gun/autonomous Gu, within the range of 20/100 to 30/100 of the sale price, taking into account the management performance of public property owned by the Special Metropolitan City, Metropolitan City, or Do in the previous year; provided, in cases where compensation is received under the Act on Acquisition of and Compensation for Land for Public Works Projects, 10/100 of the compensation shall apply; |
| 4. | In cases of management entrustment: 20/100 of the entrusted management income; |
| 5. | In cases of trust or entrusted management: The following amounts: |
| a. | Sale-type trust and sale-type development of entrusted property: 20/100 of the trust income or entrusted management income (hereinafter referred to as "income" in this Article); |
| b. | Lease-type trust and lease-type development of entrusted property: 50/100 of the income; |
| c. | Mixed-type trust and mixed-type development of entrusted property: 20/100 of the income for the sale portion, and 50/100 of the income for the lease portion; |
| d. | Entrusted management (excluding sale): 20/100 of the income. |
| (2) | The heads of a Si/Gun/autonomous Gu shall endeavor to use the amount of usage fees, rental fees, indemnities, sale proceeds, entrusted management income, or income received under paragraph (1) to cover the expenses necessary for the proper management of public property. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 10-2 (Report by public officials on acquisition or exchange of public property) |
A public official who intends to acquire public property or exchange it with his or her own property under Article 15 (3) of the Act shall report the following matters to the head of the local government to which he or she belongs: | 1. | Reason for the intended acquisition or exchange; |
| 2. | List of the property to be acquired or exchanged; |
| 3. | Time of the intended acquisition or exchange. |
[This Article Added on Apr. 20, 2022]
| Article 10-3 (Composition and operation of public property council) |
| (1) | Civilian members of the public property council under Article 16 of the Act (hereinafter referred to as "public property council") shall be commissioned from among the following persons, considering gender balance: <Amended on Mar. 31, 2020> |
| 1. | A person who has obtained a qualification as an attorney-at-law, certified public accountant, certified tax accountant, certified appraiser, or certified judicial scrivener, and who has at least 3 years of experience in the relevant field; |
| 2. | A person who has served as a public official in charge of the management of State or public property or accounting affairs; |
| 3. | A person who has sufficient academic and professional knowledge in local finance, real estate, architecture, or urban planning, and who meets the qualification requirements prescribed by the municipal ordinances of the relevant local government. |
| (2) | The term of office of a civilian member shall be 2 years and may be renewed only once. <Amended on Apr. 20, 2022> |
| (3) | Civilian members of the public property council may be paid allowances, travel expenses, or other necessary expenses within budgetary limits. |
| (4) | Matters necessary for the composition and operation of the public property council other than those prescribed in paragraphs (1) through (3) shall be prescribed by the municipal ordinances of the relevant local government. |
[This Article Added on Jul. 20, 2015]
[Moved from Article 7-2 <Apr. 20, 2022>]
| Article 10-4 (Revenue sources of public property management fund) |
The ratio of revenue from the disposal of general property to be attributed to the public property management fund under Article 18-2 (2) 3 of the Act shall be the ratio prescribed by municipal ordinances, within the range of at least 10/100 of the revenue. [This Article Added on Apr. 20, 2022]
| Article 10-5 (Composition and operation of public property policy council) |
| (1) | The term of office of a commissioned member of the public property policy council under Article 18-3 (1) of the Act (hereinafter referred to as the "Council") shall be 2 years, and may be renewed only once. |
| (2) | The Minister of the Interior and Safety may dismiss any commissioned member of the Council who falls under any of the following cases: |
| 1. | Where the member becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | Where the member commits misconduct related to his or her duties; |
| 3. | Where it is deemed inappropriate for the member to remain in office due to negligence, loss of dignity, or any other reason; |
| 4. | Where the member expresses that he or she finds it difficult to perform duties. |
| (3) | The chairperson of the Council shall represent the Council and oversee its affairs. |
| (4) | Meetings of the Council shall be convened with the attendance of a majority of all incumbent members and resolutions shall be adopted with the approval of a majority of the members present. |
| (5) | Where deemed necessary for the efficient performance of its duties, the Council may request relevant administrative agencies, public institutions, corporations, organizations, or experts to attend meetings or to submit data or opinions. |
| (6) | Matters necessary for the composition and operation of the Council other than those provided for in paragraphs (1) through (5) shall be determined by the chairperson through resolution of the Council. |
[This Article Added on Apr. 20, 2022]
CHAPTER III ADMINISTRATIVE PROPERTY
| Article 11 (Restrictions on disposal) |
Where administrative property is transferred to the State or another local government on the condition of maintaining its use and nature under Article 19 (1) 1 of the Act, it shall be limited to the following cases: <Amended on Aug. 4, 2010; Jul. 14, 2014; Jul. 20, 2015> | 1. | Where ownership of the administrative property is transferred due to the transfer of the relevant local government's affairs to the State or another local government under other statutes or regulations; |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 11-2 (Type and price of administrative property to be exchanged) |
| (1) | When administrative property is exchanged under Article 19 (1) 2 of the Act, it shall be exchanged for property of a similar type that meets the standards prescribed by the Minister of the Interior and Safety, except where the exchange is with State property or public property of another local government. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Except where the exchange is with State property or public property of another local government, an exchange shall not be made where the price of one of the properties to be exchanged is less than 3/4 of the price of the other. |
| (3) | Article 27 shall apply mutatis mutandis to the determination of the price of administrative property to be exchanged under Article 19 (3) of the Act. <Added on Jul. 7, 2014> |
[This Article Added on Aug. 4, 2010]
| Article 11-3 (Payment of exchange differential) |
| (1) | The exchange differential for administrative property shall be paid in a lump sum; provided, where the person liable to pay the exchange differential falls under any of the following cases and finds it difficult to pay the full amount in a lump sum, payment may be made in installments over a period not exceeding 10 years, with interest calculated at the rate publicly notified by the Minister of the Interior and Safety, considering the average interest rate on 1-year time deposits of commercial banks: <Amended on Jul. 12, 2016; Jul. 26, 2017; Nov. 16, 2023> |
| 1. | Where the property is exchanged for property to be directly used by the State or another local government for official or public purposes; |
| 2. | Where the person liable to pay the exchange differential has suffered substantial property loss due to a disaster or other cause; |
| 3. | Other cases prescribed by the municipal ordinances of the relevant local government. |
| (2) | Where the property is exchanged to relocate population-concentrating facilities in the Seoul Metropolitan Area under subparagraphs 1 through 3 and 5 of Article 3 of the Enforcement Decree of the Seoul Metropolitan Area Readjustment Planning Act to a non-metropolitan area, the exchange differential may be paid in installments over a period not exceeding 20 years, with interest calculated at the rate publicly notified by the Minister of the Interior and Safety, considering the average interest rate on 1-year time deposits of commercial banks. <Amended on Jun. 21, 2013; Jul. 12, 2016; Jul. 26, 2017> |
| (3) | The proviso of paragraph (1) shall not apply to the exchange differential for movables among administrative property. |
| (4) | The period for lump-sum payment of the exchange differential under paragraph (1) shall not exceed 60 days from the date of contract conclusion. |
[This Article Added on Aug. 4, 2010]
| Article 12 (Permission for use) |
The cases where permission for use of administrative property may be granted under Article 20 (1) of the Act shall be as follows: <Amended on Apr. 20, 2022> | 1. | Where it is necessary for performing administrative purposes or preservation purposes; |
| 2. | Where it is necessary for the welfare of public officials; |
| 3. | Where the use or purpose of the relevant property is not hindered, and the head of the relevant local government deems it necessary. |
[This Article Wholly Amended on Aug. 4, 2010]
[Title Amended on Apr. 20, 2022]
| Article 13 (Methods of permission for use) |
| (1) | Where an open competitive bid process, a selective competitive bid process, or a nominated competitive bid process is conducted pursuant to Article 20 (2) of the Act, the bid notice, bid opening, and bid winner announcement shall be made using the information processing system designated and publicly announced by the Minister of the Interior and Safety (hereinafter referred to as the "designated information processing system"). In such cases, the head of a local government may, if deemed necessary, additionally publish such matters in daily newspapers. <Amended on Aug. 4, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 20, 2022> |
| (2) | In an open competitive bid process, a selective competitive bid process, or a nominated competitive bid process under Article 20 (2) of the Act, if there is at least 1 valid bid submitted at or above the estimated amount of the usage fee, the person who has submitted the highest bid shall be selected as the successful bidder. <Amended on Jul. 7, 2014; Jul. 12, 2016; Apr. 20, 2022> |
| (3) | In any of the following cases, permission for the use of administrative property may be granted by private contract pursuant to Article 20 (2) 1 of the Act: <Amended on Aug. 4, 2010; Jun. 21, 2013; Jul. 7, 2014; Jul. 20, 2015; Jul. 12, 2016; Jan. 9, 2018; Dec. 4, 2018; Dec. 22, 2020; Apr. 20, 2022; Jun. 28, 2022; Aug. 22, 2023> |
| 1. | Where the State, a local government, a public corporation, or a public interest corporation intends to use the property directly; |
| 2. | Where a local government grants permission to a farmer residing in its jurisdiction (referring to a "farmer" as defined in Article 3 (2) of the Framework Act on Agriculture, Rural Community and Food Industry; hereinafter the same shall apply) to use farmland of not more than 10,000 square meters for cultivation; |
| 3. | Where permission is granted for the use of property within a government office compound for the welfare of public officials; |
| 4. | Where a person entitled by statute to use such property free of charge is granted paid use of the property; |
| 5. | Where a person eligible for exemption from user fees under Article 24 (1) of the Act or any other statute is granted permission for use; |
| 6. | Where the price of the property, calculated by the methods under the subparagraphs of Article 31 (2) at the time of application for permission (in cases of partial permission, referring to the price of the entire administrative property), does not exceed 10 million won (or 30 million won for property located in autonomous Gus of a Special Metropolitan City or a Metropolitan City); |
| 7. | Where 2 rounds of open competitive bid precesses have failed to yield a valid bid; |
| 8. | Where necessary for the production, exhibition, or sale of local specialties or locally produced goods that contribute to revitalizing the local economy, as prescribed by municipal ordinances; |
| 9. | Where the owner of a public-interest facility relocated for a project implemented by a local government intends to use property directly related to the facility during the relocation period; |
| 10. | Where a person intending to donate a newly constructed building intends to use the land during the construction period; |
| 12. | Where permission is temporarily granted on the condition of voluntary demolition for a public-interest project; |
| 13. | Where a person entitled to lease public property preferentially under another statute is granted permission for use; |
| 15. | Where permission for use is granted with respect to the portion corresponding to the share of the local government in property jointly owned by the local government and another party; |
| 16. | Where non-building structures are installed above or below public property without interfering with the current use and management by the local government; |
| 18. | Where permission is granted to an organization prescribed by municipal ordinance that falls under any of the following: |
| a. | An international organization (referring to the United Nations, its subsidiary and specialized agencies, intergovernmental organizations, or quasi-governmental organizations); |
| b. | A nonprofit private organization with members from at least 50 different countries; |
| 20. | Where permission is granted to a nonprofit public corporation or public corporation, funded or invested in by the local government, for its nonprofit business; |
| 21. | Where permission is granted for the use of administrative property to support startup activities for unemployed youth or other unemployed persons pursuant to the job policy formulated by the head of the local government; |
| 22. | Where permission is granted to any of the following enterprises or cooperatives that meet the employment ratio of vulnerable groups publicly announced by the Minister of the Interior and Safety: |
| 23. | Where permission is granted to an enterprise designated and announced by the Minister of Employment and Labor as having youth-friendly working conditions among the priority-supported enterprises under Article 19 (2) of the Employment Insurance Act; |
| 24. | Other than the matters provided for in subparagraphs 1 through 23, where it is impracticable to put the property up for an open competitive bid process due to the location, shape, or use of the administrative property or the purpose or nature of the contract and the relevant matters and scope are prescribed by municipal ordinances of the local government. |
| (4) | The cases where permission for the use of administrative property may be granted through a method of selective competitive bid process pursuant to Article 20 (2) 1 of the Act shall be as follows: <Added on April 20, 2022; Aug. 22, 2023> |
| 1. | Where it is necessary to restrict the competition to persons whose addresses are located in the relevant local government for the purpose of revitalizing the local economy; |
| 2. | Where it is necessary to restrict the competition to persons whose addresses are located in the relevant local government, in consideration of the location, form, and use of the property, or the purpose and nature of the contract. |
| (5) | The cases where permission for the use of administrative property may be granted through a method of nominated competitive bid process pursuant to Article 20 (2) 1 of the Act shall be as follows: <Added on July 7, 2014; April 20, 2022> |
| 1. | Considering the use of the land, etc., where it is necessary to designate the owner of land adjacent to the relevant property for the competition; |
| 2. | Where there is a conflict of applications for permission under paragraph (3); |
| 3. | Where the head of the local government deems it necessary to designate the person to be granted permission for use, in consideration of the location, form, and use of the property or the purpose and nature of the contract. |
| (6) | Where the head of a local government grants permission for the use of administrative property through a method of private contract pursuant to paragraph (3) 19, he or she may allow 1 or more persons to use and profit from one or more administrative properties on a daily or hourly basis in accordance with the methods of invitation and the criteria for selecting preferred candidates, as prescribed by the ordinance of the local government. <Added on July 12, 2016; Jan. 9, 2018; April 20, 2022> |
[This Article Wholly Amended on Apr. 24, 2009]
[Title Amended on Apr. 20, 2022]
| (1) | The annual usage fee under Article 22 (1) of the Act shall be prescribed by the ordinance of the local government within the scope of not less than 10/1,000 of the appraised value of the relevant property reflecting the market price, and may be calculated on a monthly or daily basis; provided, where other statutes or regulations provide otherwise regarding the usage fee of administrative property, such statutes or regulations shall apply, and where any of the following cases arises the rate classified under each of the following subparagraphs may be applied: <Amended on Mar. 31, 2020; Apr. 20, 2022; Aug. 22, 2023; Sep. 2, 2025> |
| 1. | Where a person who has obtained permission for use suffers damage due to a disaster the rate temporarily reduced for a specified period through deliberation by the Public Property Deliberation Council (which shall be not less than 10/1,000 per year); |
| (2) | Where the head of a local government deems it particularly necessary for efficient management of administrative property that serves as a facility for public use, he or she may determine the usage fee by hour or by number of uses, as prescribed by the ordinance of the relevant local government. |
| (3) | When calculating the usage fee under paragraphs (1) and (2), Articles 31 (2) through (8) shall apply mutatis mutandis to matters concerning appraisal of the property, calculation of the deposit amount, and temporary use. <Amended on June 21, 2013; Apr. 20, 2022> |
| (4) | "Amount prescribed by Presidential Decree" in the proviso of Article 22 (1) of the Act means 200,000 won. <Added on Apr. 20, 2022> |
| (5) | Where permission for use is renewed pursuant to Article 21 (2) and (3) of the Act, Article 31-2 shall apply mutatis mutandis to the annual usage fee for the renewed period of permission for use. <Added on June 21, 2013; Apr. 20, 2022> |
| (6) | Where permission for use of administrative property is granted by day or by hour pursuant to Article 13 (6), the usage fee by day or by hour shall be calculated based on the criteria prescribed by the Minister of the Interior and Safety. <Added on July 12, 2016; July 26, 2017; Apr. 20, 2022> |
| (7) | The deadline for payment of the usage fee shall be within 60 days from the date permission for use is granted, and the fee shall be paid in advance. <Amended on June 21, 2013; July 7, 2014; July 12, 2016; Apr. 20, 2022> |
| (8) | Where installment payment of the usage fee is permitted pursuant to the proviso of Article 22 (2) of the Act, it shall be limited to cases where the usage fee exceeds 500,000 won, and installment payments may be made up to 12 times per year with interest applied at the rate prescribed and publicly notified by the Minister of the Interior and Safety in consideration of the average interest rate on 1-year term deposits at commercial banks. <Amended on Aug. 4, 2010; June 21, 2013; July 12, 2016; July 26, 2017; Dec. 22, 2020; Apr. 20, 2022; Aug. 22, 2023> |
| (9) | Where the head of a local government applies a temporarily reduced rate for a specified period pursuant to the proviso of paragraph (1), the payment deadline for the usage fee due during such period may be deferred for up to 1 year (or for the remaining period of permission for use if such remaining period is less than 1 year based on the due date). <Added on Dec. 22, 2020; Apr. 20, 2022> |
| (10) | Where a deposit is required or a performance guarantee insurance is concluded with the local government as the insured pursuant to Article 22 (3) of the Act, the amount thereof shall not exceed 50 percent of the annual usage fee. <Added on Aug. 4, 2010; June 21, 2013; July 12, 2016; Dec. 22, 2020; Apr. 20, 2022> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 15 (Reduction of usage fees) |
Where an open competitive bid process is conducted twice for the use of a piece of public property but no successful bid is made, the head of a local government may, from the third open competitive bid process, reduce the estimated amount of the initial usage fee at each bid process by an amount not exceeding 10/100 of the initial estimated amount, provided that the minimum amount shall be 20/100 of the initial estimated amount. <Amended on Aug. 4, 2010; July 20, 2015; Dec. 22, 2020>
[This Article Wholly Amended on Apr. 24, 2009]
| Article 16 (Adjustment of usage fees) |
Where the annual usage fee for a relevant year under Article 23 of the Act increases by 5/100 or more compared to the usage fee for the preceding year (referring to the annual usage fee before the reduction where the fee was reduced under the Act or any other statute or a temporarily reduced rate under the proviso of Article 14 (1) was applied), the head of a local government may reduce or adjust all or part of the increased portion by municipal ordinances. <Amended on July 7, 2014; Mar. 31, 2020; Dec. 22, 2020> [This Article Wholly Amended on Apr. 24, 2009]
| Article 17 (Reduction or exemption of usage fees) |
| (1) | The period during which usage fees are exempted pursuant to Article 24 (1) 2 of the Act shall not exceed the number of years calculated by dividing the value of the donated property by the annual usage fee. |
| (2) | Notwithstanding paragraph (1), the period during which usage fees are exempted for intellectual property under Article 4 (1) 5 of the Act (hereinafter referred to as "intellectual property") shall be 20 years. <Added on Jul. 20, 2015> |
| (3) | Where a building or other facility is donated, the usage fee for the public property site shall be added to the annual usage fee referred to in paragraph (1); provided, this shall not apply where the usage fee for the site is charged separately. <Amended on Jul. 20, 2015> |
| (4) | When calculating the value of the donated property and the usage fee for the site to be added under paragraph (3), the value of the site shall be calculated as of the time the initial permission for use is granted by applying mutatis mutandis Article 31, and the usage fee shall be determined in consideration of the expected revenue. <Amended on Jul. 20, 2015; Apr. 20, 2022> |
| (5) | "Cases prescribed by Presidential Decree, such as permitting local residents affected by a disaster to use the administrative property for a certain period" under Article 24 (1) 4 of the Act means any of the following cases: <Amended on Jul. 20, 2015; Jul. 12, 2016; Dec. 22, 2020; Apr. 20, 2022; Aug. 22, 2023> |
| 1. | Where permission for use is granted for a certain period to local residents affected by natural disasters or other calamities; |
| 2. | Where the owner of a public-interest facility relocated for a project implemented by the local government intends to use property directly related to the facility during the relocation period; |
| 2-2. | Where the property is used for a nonprofit project by a nonprofit public corporation or a public corporation funded or invested in by the relevant local government; |
| 3. | Where the property is used for a nonprofit project by a local public enterprise or local public corporation under the Local Public Enterprises Act; |
| 4. | Where permission for use is granted by means of a private contract under Article 13 (3) 8 or 14; |
| 5. | Where permission for use is granted to a local government association under Article 176 of the Local Autonomy Act (hereinafter referred to as "local government association"), to which the relevant local government belongs. |
| (6) | "Cases prescribed by Presidential Decree including where it is necessary to vitalize the local economy" in Article 24 (2) of the Act means any of the following cases: <Amended on Dec. 22, 2020; Feb. 18, 2022; Apr. 20, 2022> |
| 1. | Where permission for use is granted by means of a private contract under Article 13 (3) 8; |
| 2. | Where permission for use is granted by means of a private contract under Article 13 (3) 21, 22, or 23; |
| 3. | Where the use of administrative property permitted has been restricted due to reasons attributable to the local government; provided, this shall not apply where the period of permission has been extended under Article 21 (4) 2 of the Act; |
| (7) | The head of a local government may, pursuant to Article 24 (2) of the Act, reduce usage fees within the following ranges in accordance with the relevant municipal ordinances: <Amended on Aug. 4, 2010; July 20, 2015; Dec. 4, 2018; Dec. 22, 2020> |
| 1. | In the case of paragraph (6) 1: 30/100 of the usage fee; |
| 2. | In the case of paragraph (6) 2 or 4: 50/100 of the usage fee; |
| 3. | In the case of paragraph (6) 3: 100/100 of the usage fee for the period during which use and benefit were not available. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 18 (Compensation for losses due to cancellation of permission for use) |
| (1) | In accordance with Article 25 (3) of the Act, the amount of compensation to be paid by the State or a local government for the use of administrative property shall be as follows: <Amended on Jan. 5, 2021; Apr. 20, 2022> |
| 1. | Facility costs corresponding to the remaining period of permission as of the time the permission for use is canceled; |
| 2. | Expenses required for relocation of facilities or transplantation of trees; |
| 3. | The assessed amount of losses incurred due to the inability to conduct business during the period of relocation or installation of facilities or transplanting of trees, caused by the cancellation of permission for use. |
| (2) | The appraisal for calculating the compensation amount under paragraph (1) shall be entrusted to two or more real estate appraisal corporations, and the compensation amount shall be the arithmetic average of the appraised values. <Amended on Aug. 4, 2010; Feb. 16, 2015; Aug. 31, 2016; Jan. 21, 2022; Apr. 20, 2022; Jan. 7, 2025> |
[This Article Wholly Amended on Apr. 24, 2009]
[Title Amended on Apr. 20, 2022]
| Article 19 (Eligibility and period for entrustment of management of administrative property) |
| (1) | Where administrative property is entrusted for management pursuant to Article 27 (1) of the Act, if the management of the relevant administrative property requires special skills and expertise, such entrustment shall be made to a person who possesses such skills and expertise and is suitable for the management of the property. |
| (2) | The period for entrustment of management of administrative property shall not exceed 5 years and may be renewed only once. In such cases, the renewal period shall also not exceed 5 years. |
| (3) | Notwithstanding paragraph (2), where the entrustment of management is made by means of a private contract under Article 19-5, the period may be renewed more than twice after evaluating the performance and management capability of the entrusted entity in accordance with the municipal ordinances of the relevant local government at the time of each renewal. In such cases, the renewal period shall not exceed 5 years for each renewal. <Amended on Jun. 21, 2013; Jul. 20, 2015> |
| (4) | Notwithstanding paragraphs (2) and (3), the entrustment of management shall not be renewed in any of the following cases: <Added on Jun. 21, 2013; Jul. 20, 2015> |
| 1. | Where the administrative property entrusted for management is required to be used directly by the State or another local government for official or public purposes; |
| 2. | Where the person entrusted for management (hereinafter referred to as "entrusted manager") becomes disqualified for such entrustment as prescribed in paragraph (1); |
| 3. | Where the entrusted manager violates the terms and conditions of the entrustment of management; |
| 4. | Where the entrustment of management is no longer necessary. |
| (5) | Where the entrusted manager intends to use or derive profits from a part of the entrusted property, or permit others to do so, such use or profit shall be made within the period of the management entrustment. <Amended on Jun. 21, 2013> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 19-2 (Establishment of bids and qualifications for participation) |
| (1) | Open competitive bid processes under the main clause of Article 27 (2) of the Act, and selective bid process and nominated bid process under the proviso of that paragraph shall be valid only if 2 or more persons who are qualified to participate in the bidding submit their bids. <Amended on Jul. 12, 2016; Jan. 9, 2018> |
| (2) | Where the head of a local government conducts an open competitive bid process under the main clause of Article 27 (2) of the Act, or a selective bid or a nominated bid under the proviso of that paragraph, he or she shall allow only those who meet all of the following requirements to participate in the bidding: <Amended on Jul. 12, 2016; Dec. 22, 2020> |
| 1. | Where a license, approval, permit, report, or qualification is required under other statutes or regulations, the person shall have obtained such license, approval, permit, or report or shall meet the relevant qualification requirements; |
[This Article Added on Jul. 20, 2015]
| Article 19-3 (Contracts with restriction on eligibility for bid participation) |
| (1) | A contract may be awarded by restricting the eligibility for bid participation pursuant to the proviso of Article 27 (2) of the Act in any of the following cases: |
| 1. | Where the estimated amount of the entrusted management fee is not less than 300 million won; |
| 2. | Where the contract requires special skills or management capabilities for the management of the entrusted administrative property; |
| 3. | Where the head of a local government deems it particularly necessary to prevent poor performance in the execution of the entrusted management contract. |
| (2) | Where the head of a local government intends to restrict the eligibility for bid participation under paragraph (1), he or she shall specify such restrictions and the criteria therefor in the bid announcement. |
| (3) | Where the head of a local government conducts a bid with restricted eligibility under paragraph (1), he or she shall take into account the following matters: |
| 1. | In the case of paragraph (1) 1: Management capability or performance record; |
| 2. | In the case of paragraph (2) 2: The status of possession of the necessary skills for the entrusted management or a record of similar entrustments; |
| 3. | In the case of paragraph (1) 3: The financial status of the bidder. |
[This Article Added on Jul. 20, 2015]
| Article 19-4 (Contracts by nominated bid) |
A contract may be concluded by a nominated bid by designating participants pursuant to the proviso of Article 27 (2) of the Act in any of the following cases: | 1. | Where it is difficult to achieve the purpose of the entrusted management unless a person has special management skills or experience in light of the nature or purpose of the entrusted affairs, and the number of eligible participants is not more than 10; |
| 2. | Where 2 or more persons apply to be entrusted with management under a private contract pursuant to Article 19-5. |
[This Article Added on Jul. 20, 2015]
| Article 19-5 (Cases subject to private contract) |
| (1) | A case in which administrative property may be entrusted by a private contract pursuant to the proviso of Article 27 (2) of the Act shall fall under any of the following: <Amended on Jul. 26, 2017> |
| 1. | Where the entrusted management is assigned to a person who may perform affairs or projects of the State or a local government by consignment or proxy under other statutes or regulations; |
| 2. | Where, due to the nature of the entrusted affairs, such as the required facilities, equipment, technical expertise, or responsibility, it is difficult to conduct an open competitive bid process, and the scope and details thereof are prescribed by the Minister of the Interior and Safety; |
| 3. | Where no valid open competitive bid process has been formed after 2 attempts. |
| (2) | Where the head of a local government intends to entrust management by a private contract under paragraph (1), he or she shall evaluate the applicant's performance capability and project implementation plan in accordance with the standards prescribed by the Minister of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Added on Jul. 20, 2015]
| Article 20 (Management of entrusted property) |
| (1) | An entrusted manager shall manage the entrusted property in accordance with the public interest with due diligence as a good manager and shall immediately report to the head of the local government if any damage occurs to the entrusted property. <Amended on Jun. 21, 2013> |
| (2) | Large-scale repairs or maintenance that change the original form of the administrative property under entrusted management shall be carried out directly by the relevant local government; provided, in urgent cases, the entrusted manager may take the minimum necessary measures and shall immediately report the details thereof to the head of the local government. <Amended on Jun. 21, 2013> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 21 (Entrustment fees for entrusted property) |
| (1) | Where the head of a local government intends to collect entrustment fees pursuant to Article 27 (3) of the Act, he or she shall calculate the entrustment fees annually. <Amended on Jul. 20, 2015> |
| (2) | The entrustment fees calculated under paragraph (1) shall be determined by the head of the local government, taking into account the anticipated revenue based on the following income and expenditure: <Amended on Jul. 20, 2015; Jul. 12, 2016; Jul. 26, 2017; Dec. 22, 2020; Apr. 20, 2022> |
| a. | Admission fees and other usage fees generated from the entrusted property; |
| b. | Usage fees paid by the person who directly uses or profits from the entrusted property pursuant to Article 27 (4) of the Act and by the sublessee under paragraph (5) of that Article; |
| c. | Other income generated from the management or operation of the entrusted property, as prescribed by the Minister of the Interior and Safety; |
| a. | Personnel expenses, operating expenses, or repair and maintenance expenses related to the management of the entrusted property; |
| b. | Taxes, public charges, or insurance premiums related to the management of the entrusted property. |
| (3) | When calculating entrustment fees under paragraph (1), the fees shall be calculated appropriately through a cost analysis. In such cases, the head of the local government may, if deemed necessary, commission the cost analysis to a specialized institution or organization. <Added on Jul. 20, 2015> |
| (4) | The usage fees collected from persons deemed to have obtained permission to use the administrative property pursuant to Article 27 (4) or (5) of the Act, or from sublessees, shall be determined based on the rates and evaluation methods provided in Article 14; and the usage fees under Article 27 (6) of the Act shall be determined in accordance with the municipal ordinances of the local government, taking into account anticipated revenue. <Amended on Aug. 4, 2010; Jun. 21, 2013; Jul. 20, 2015; Jul. 12, 2016; Apr. 20, 2022> |
| (5) | The method of calculating the amount payable by the local government and the amount to be collected by the entrusted manager with respect to the difference between the usage fees collected and the expenses incurred in management under Article 27 (6) of the Act shall be determined before the conclusion of the contract. <Amended on Aug. 4, 2010; Jun. 21, 2013; Jul. 20, 2015; Apr. 20, 2022> |
| (6) | Detailed matters concerning the method of calculation under paragraph (5) may be separately prescribed by the Minister of the Interior and Safety. <Amended on Jun. 21, 2013; Nov. 19, 2014; Jul. 20, 2015; Jul. 26, 2017; Apr. 20, 2022> |
[This Article Wholly Amended on Apr. 24, 2009]
[Title Amended on Jul. 20, 2015]
| Article 22 (Reporting on management status) |
| (1) | The entrusted manager shall report the annual management status of the entrusted property to the head of the local government by January 31 of the following year. <Amended on Jun. 21, 2013> |
| (2) | Where deemed necessary by the local government, it may inspect or investigate the management status of the administrative property entrusted for management or require the entrusted manager to report such status. <Amended on Jun. 21, 2013> |
| (3) | The head of the local government shall disclose the status of management entrustment, including the administrative property entrusted for management, entrusted manager, and entrustment expenses for the preceding year, by March 31 each year via the official gazette, public bulletin, or the website of the local government. <Added on Jun. 21, 2013> |
| (4) | Detailed matters concerning the content and procedures of disclosure under paragraph (3) may be separately prescribed by the Minister of the Interior and Safety. <Added on Jun. 21, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 24, 2009]
CHAPTER IV GENERAL PROPERTY
SECTION 1 Common Provisions
| Article 23 Deleted. <Apr. 20, 2022> |
| Article 24 (Investment in kind and appraisal) |
| (1) | Where an investment in kind is made under Article 28 (1) of the Act, the provisions of Article 27 shall apply mutatis mutandis to the appraisal method for the contributed property. <Amended on Jul. 27, 2009; Jul. 7, 2014> |
| (2) | Where the invested property in kind is returned under Article 28 (1) of the Act, the timing of return and other necessary matters shall be determined by a contract between the local government and the recipient of the investment in kind. In such cases, the property invested in kind and the equity securities acquired in return therefor shall be mutually returned on the condition that they are returned as they were at the time of the investment in kind, regardless of the market value at the time of return. <Added on Jul. 7, 2014> |
[This Article Wholly Amended on Apr. 24, 2009]
[Title Amended on Jul. 7, 2014]
| Article 25 (Payment in substitutes) |
| (1) | Any of the following cases shall be deemed eligible for payment in substitutes pursuant to Article 28 (1) of the Act: |
| 1. | Where the head of a local government intends to make payment in lieu of land acquisition and construction costs by providing general property developed as a result of a directly implemented public development or profit-making project; |
| 2. | Where the head of a local government relocates and constructs a public property such as a government office building and intends to make payment in lieu of land acquisition and construction costs by providing the existing general property, the use of which has become obsolete as a result of the relocation; |
| 3. | Where the head of a local government relocates and constructs public-use property such as roads or parks and intends to make payment in lieu of land acquisition and construction costs by providing the existing general property, the use of which has become obsolete as a result of the relocation; |
| 4. | Where the head of a local government relocates and constructs enterprise-use property and intends to make payment in lieu of land acquisition and construction costs by providing the existing general property, the use of which has become obsolete as a result of the relocation. |
| (2) | Article 27 (1) shall apply mutatis mutandis to the valuation of the relevant property in cases of payment in substitutes under paragraph (1). |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 26 (Methods of contracts) |
| (1) | Where leasing or selling is conducted through an open competitive bid, a selective competitive bid, or a nominated competitive bid under Article 29 of the Act, a designated information processing system shall be used for the bidding announcement and for the declaration of bid opening and successful bidding; in such cases, the head of the local government may concurrently use methods such as publication in daily newspapers, if deemed necessary. <Amended on Aug. 4, 2010; Jul. 20, 2015; Apr. 20, 2022> |
| (2) | An open competitive bid, a selective competitive bid, or a nominated competitive bid under Article 29 of the Act shall award the contract to the person who has bid the highest price among one or more valid bids at or above the estimated price. <Amended on Aug. 4, 2010; Jul. 7, 2014; Jul. 20, 2015; Jul. 12, 2016; Apr. 20, 2022> |
| (3) | Notwithstanding paragraph (1), in the case of selling by a nominated competitive bid, an on-site bidding may be conducted. <Amended on Aug. 4, 2010; Jul. 7, 2014> |
| (5) | Notwithstanding paragraph (2), where it is deemed necessary to vitalize the local economy, in cases of leasing general property to attract any of the following facilities, the successful bidder may be determined comprehensively considering the impact on the region in addition to the price evaluation method: <Added on Jul. 12, 2016> |
| 1. | Facilities falling under Article 29 (1) 19 of the Act; |
| 2. | Facilities to be established for the development of the relevant public property or for attracting investment by the relevant local government, with the consent of the local council. |
| (6) | Detailed evaluation criteria, procedures, and methods for determining the successful bidder under paragraph (5) shall be prescribed and publicly announced by the Minister of the Interior and Safety. <Added on Jul. 12, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 27 (Evaluation of prices of general property) |
| (1) | When selling or exchanging general property under Article 30 of the Act, the head of a local government shall determine the estimated price of such property at market value and publicly announce it. In such cases, the market value shall be at least the arithmetic mean of the appraised values assessed by not less than 2 appraisal corporations, etc. commissioned for appraisal, and may include expenses incurred for appraisal or subdivision surveying. <Amended on Feb. 16, 2015; Jan. 21, 2022> |
| (2) | The appraised value referred to in the latter part of paragraph (1) shall apply only for 1 year from the date of appraisal; provided, the period may be extended in cases prescribed by the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | When exchanging property with the State or another local government, notwithstanding paragraph (1), the exchange may be based on the appraised value assessed by one appraisal corporation, etc. commissioned for appraisal, or without appraisal, on the property value calculated by any of the methods referred to in each subparagraph of Article 31 (2). <Amended on Jul. 12, 2016; Jan. 7, 2025> |
| (4) | In cases of properties estimated to be less than 10 million won (30 million won for those in a Special Metropolitan City, a Metropolitan City, or a City with a population of at least 500,000), notwithstanding paragraph (1), appraisal may be omitted. In such cases, the price of land may be based on the officially announced individual land price (where no such price is available for the land, the price of adjacent land shall be preferentially applied), and the price of a building may be based on the standard market price under the Local Tax Act. <Amended on Aug. 4, 2010> |
| (5) | When determining the property value pursuant to paragraphs (1) through (4), the head of a local government shall prepare a price assessment report, to which the following documents shall be attached: <Amended on Feb. 16, 2015; Jul. 12, 2016; Jan. 21, 2022> |
| 1. | An appraisal report prepared by the appraisal corporation, etc. serving as the basis for the assessment; |
| 2. | An appraisal report prepared by the appraisal corporation, etc. serving as the basis for the assessment; |
| 3. | Other relevant documents, such as examples of sales, which may serve as reference. |
| (7) | Deleted. <Jan. 7, 2025> |
| (8) | Where a person who has applied for the sale or exchange of general property withdraws the application without a compelling reason after the appraisal, the head of a local government may have such applicant (excluding cases where the applicant is the State or a local government) bear part of the expenses incurred for appraisal and surveying. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 27-2 Deleted. <Jul. 20, 2015> |
| Article 28 (Price appraisal when improving public property) |
| (1) | Where public property is sold to a person who has developed, reclaimed, created by reclamation, afforested, or otherwise occupied and improved the property for a compelling reason, the selling price shall be the value of the property at the time of sale in its improved state, minus the amount corresponding to the improvement costs; provided, where the value in the unimproved state as of the date of appraisal for the sale is higher than the amount remaining after deducting the improvement costs from the value in the improved state, the selling price shall be determined at not less than such value in the unimproved state. |
| (2) | The scope of improvement costs referred to in paragraph (1) shall include labor costs, facility expenses, public charges, and other expenses actually incurred to improve the property, such as alteration of the form and quality, afforestation, and installation of ancillary facilities. |
| (3) | Improvement costs referred to in paragraph (2) shall be examined and determined by the head of the local government upon the application of the prospective purchaser. |
| (4) | Where public property developed, reclaimed, created by reclamation, afforested, or otherwise occupied and improved for a compelling reason is sold to a project operator of a public project to which the Act on Acquisition of and Compensation for Land for Public Works Projects applies, and such project operator has paid the amount corresponding to the improvement costs to the person who occupied and improved the property, paragraph (1) shall apply mutatis mutandis to the selling price. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 29 (Lease contracts for general property) |
| (1) | In any of the following cases, general property may be leased through a private contract under the proviso of Article 29 (1) of the Act: <Amended on Aug. 4, 2010; Jul. 7, 2014; Feb. 16, 2015; Jul. 20, 2015; Jul. 12, 2016; Jul. 26, 2017; Jan. 9, 2018; Dec. 4, 2018; Jul. 2, 2019; Dec. 22, 2020; Jun. 28, 2022; Aug. 22, 2023> |
| 1. | Where the State, a local government, a public corporation, or a public interest corporation intends to use the property directly; |
| 2. | Where farmland not exceeding 10,000 square meters in area is leased to a farmer residing in the local government concerned for cultivation purposes; |
| 3. | Where property, due to its nature or for social policy reasons, is difficult to sell through an open competitive bid process; |
| 4. | Where forest land is leased for purposes such as stock raising, mining, or quarrying; |
| 5. | Where property within a government office compound is leased for the welfare of public officials; |
| 6. | Where property is leased for compensation to a person to whom the property may be transferred gratuitously or leased free of charge under any statute; |
| 7. | Deleted; <Jul. 12, 2016> |
| 8. | Where a site surrounded by the same person's private land is leased; |
| 9. | Where land without a building thereon is smaller than the minimum lot size under Article 57 (1) of the Building Act and is leased to the owner of adjacent private land who has an interest in that land; |
| 10. | Where the price calculated by the method under each subparagraph of Article 31 (2) (in the case of leasing part of general property, referring to the price of the entire general property) at the time of application for a lease contract is not more than 30 million won (50 million won in the case of property located in an autonomous Gu of a Special Metropolitan City or a Metropolitan City); |
| 11. | Where 2 valid open competitive bid processes have failed to be concluded; |
| 12. | Where deemed necessary by a municipal ordinance for the production, exhibition, and sale of local specialty products or local products that can contribute to revitalizing the local economy; |
| 14. | Where the owner of a public facility being relocated for a project implemented by a local government intends to use property directly related to the said facility during the relocation period; |
| 15. | Where a person who intends to newly construct a building, etc. for donation uses the site during the construction period; |
| 16. | Where property is leased for the purpose of disaster recovery and relief; |
| 17. | Where property is leased to a nonprofit public corporation invested in or contributed to by the local government concerned; |
| 18. | Where property is temporarily used on the condition of voluntary demolition for public purposes; |
| 19. | Where property is leased to attract any of the following facilities with at least 10 full-time employees residing in the relevant area to revitalize the local economy; in such cases, detailed selection criteria, selection procedures, and methods for lease candidates shall be determined and publicly notified by the Minister of the Interior and Safety: |
| a. | Factories or research facilities and their support facilities; |
| c. | Other facilities deemed necessary by a municipal ordinance for revitalizing the local economy; |
| 20. | Where property is leased for use by unemployed youth, etc. under a job creation policy established by the head of a local government; |
| 21. | Where property is leased to a person entitled to priority leasing of public property under other statutes; |
| 22. | Where property, whose use is restricted to a specific project under other statutes, is leased to the project operator; |
| 25. | Where property is leased to an enterprise or association under Article 13 (3) 22 items that meets the employment ratio for the vulnerable class prescribed and publicly notified by the Minister of the Interior and Safety; |
| 26. | Where property is leased to an enterprise falling under Article 19 (2) of the Employment Insurance Act as a priority support enterprise, which is publicly announced by the Minister of Employment and Labor as having youth-friendly working conditions; |
| 27. | Where property is leased to a person eligible for exemption from lease fees under Article 34 (1) of the Act or other statutes; |
| 28. | Where, due to the location, shape, or use of the general property, or the purpose or nature of the contract, it is deemed difficult to put the property up for an open competitive bid process, and the details and scope are prescribed by municipal ordinance. |
| (2) | "Property, due to its nature or for social policy reasons, is difficult to sell through an open competitive bid process" in paragraph (1) 3 means any of the following property: <Amended on Aug. 4, 2010> |
| 1. | Buildings located on privately owned land; |
| 2. | Sites on which privately owned buildings are located; provided, where no structures are installed on the boundary, such sites shall be limited to those not exceeding 660 square meters; |
| 3. | Property on which structures have been installed with permission; |
| 4. | Share of public property; |
| 5. | Property installed for disaster restoration or other relief projects; |
| 6. | Property for which the person subject to sale is specified by statute or a court judgment. |
| (3) | With respect to cases where general property may be leased by selective competitive bid process under the proviso of Article 29 (1) of the Act, Article 13 (4) shall apply mutatis mutandis. <Added on Apr. 20, 2022> |
| (4) | General property may be leased by a nominated competitive bid process if it falls under any of the following cases under the proviso of Article 29 (1) of the Act: <Added on Jul. 7, 2014; Jul. 12, 2016; Apr. 20, 2022> |
| 1. | Considering the use of the land, etc., where it is necessary to designate the owner of land adjacent to the relevant property for the competition; |
| 2. | Where applications for lease under paragraph (1) are in competition; |
| 3. | Where, in view of the location, shape, or use of the property, or the purpose or nature of the contract, it is necessary for the head of a local government to designate the person to lease the property. |
| (5) | The head of a local government shall attach the conditions under subparagraphs 1 and 2 when leasing general property; provided, in cases of a lease under paragraph (1) 3 and 14, the condition under subparagraph 3 may additionally be attached: <Amended on Jul. 7, 2014; Apr. 20, 2022> |
| 1. | Where the State or a local government demands the return of the leased property for direct public or official use, it shall be returned immediately; |
| 2. | The lessee shall commence the project for which the property is leased within 1 year from the date of the lease contract and shall not use it for purposes other than those for which it is leased; |
| 3. | Where the head of a local government demands purchase, the property shall be purchased at the price demanded by the head of a local government. |
| (6) | When leasing under paragraph (1), the estimated price of the rent shall be disclosed in advance, and when leasing by an open competitive bid process, selective competitive bid process, or nominated competitive bid process, any bid process submitted for less than the disclosed estimated price of the rent shall be null and void. <Amended on Aug. 4, 2010; Jul. 7, 2014; Apr. 20, 2022> |
| (7) | A person whose lease contract has been rescinded or terminated due to his or her own fault may be denied a lease of the relevant property for 3 years from the date of rescission or termination. <Amended on Jul. 7, 2014> |
| (8) | Where it is necessary to lease, in a stable manner for a long period, part of public facilities such as an international stadium, sports facilities, an international conference hall, conference facilities, an international exhibition hall, exhibition facilities, or other public facilities the use of which has been partially discontinued, the successful bidder shall be determined by examining the ability to perform the contract, the ability to pay the rent, and the ability to execute the project, in the order of the highest price among those who have participated in an open competitive bid process at a price not less than the estimated price. <Amended on Aug. 4, 2010; Jul. 7, 2014; Jul. 20, 2015> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 30 (Period of lease) |
| (1) | Where any of the following cases falls under the proviso of the part other than the subparagraphs of Article 31 (1) of the Act, the period of lease may be up to 20 years: <Amended on Aug. 4, 2010; Jul. 12, 2016; Dec. 22, 2020; Jul. 2, 2024> |
| 1. | Where land and its fixtures are leased to a venture business under the Special Act on the Promotion of Venture Businesses; |
| 3. | Where leased to attract a facility falling under Article 29 (1) 19; |
| 5. | Where leased a portion of a public facility, such as an international stadium, sports facility, international conference hall, conference facility, international exhibition hall, or exhibition facility, the use of which has been partially abolished. |
| (2) | Deleted. <Jul. 7, 2014> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 31 (Lease fee rates and valuation of leased property) |
| (1) | The rental fee for general property under Article 32 (1) of the Act shall be prescribed by municipal ordinances within a range not less than 10/1,000 per year of the appraised value of the property reflecting the market price and may be calculated on a monthly or daily basis; provided, where any of the following cases arises the rate classified under each of the following subparagraphs may be applied under the proviso of this paragraph: <Amended on Mar. 31, 2020; Sep. 2, 2025> |
| 1. | Where the person who has obtained the lease suffers damage due to a disaster: The rate temporarily reduced for a specified period through deliberation by the Public Property Deliberation Council (which shall be not less than 10/1,000 per year); |
| 2. | Where a micro-enterprise or a small or medium enterprise directly uses a business category operated by such enterprise (excluding business categories falling under the proviso of Article 5 (1) of the Support for Small and Medium Enterprise Establishment Act) and where the Minister of the Interior and Safety publicly announces a specified period to alleviate managerial burdens caused by economic downturn or mass unemployment: The rate temporarily reduced for that period through deliberation by the Public Property Deliberation Council (which shall be not less than 10/1,000 per year). |
| (2) | When calculating the lease fee under paragraph (1), the value of the relevant property shall be calculated by the following methods; in such cases, the value of the property under the main clause of subparagraph 1, the main clauses of subparagraphs 2 and 3 shall be determined every year during the lease period, and the value of the property under the proviso of subparagraph 1 and the proviso of subparagraph 3 shall be applicable only within 3 years from the date of appraisal; and the costs incurred for surveying or appraisal, etc. may be included in the first year: <Amended on Jun. 21, 2013; Feb. 16, 2015; Jul. 12, 2016; Aug. 31, 2016; Dec. 4, 2018; Jan. 21, 2022> |
| 1. | Land: The individual officially assessed land price as of the time of determining the property value for calculating the lease fee (referring to the individual officially assessed land price of the relevant land under Article 10 of the Act on the Public Announcement of Real Estate Values; if such individual officially assessed land price does not exist, the amount calculated based on the officially assessed standard land price under Article 8 of that Act); provided, where it is necessary to apply a different land price to a part of the land used for a purpose different from the main purpose of the lot as a whole or depending on the location, etc., as deemed necessary by the head of the local government, the amount shall be not less than the appraised value evaluated by an appraisal corporation, etc.; |
| 2. | Housing: The housing price as of the time of determining the property value for calculating the lease fee, according to the following classification: |
| c. | Housing for which neither an individual housing price nor a multi-family housing price is publicly notified: The standard market price under the proviso of Article 4 (1) of the Local Tax Act; |
| 3. | Property other than those under subparagraphs 1 and 2: The standard market price under Article 4 (2) of the Local Tax Act; provided, where no such standard market price exists, the appraised value assessed by an appraisal corporation, etc. shall apply. |
| (3) | In cases of leasing by bidding, the lease fee for the first year shall be determined by the highest bid price, and the lease fee for the period after the second year (limited to the lease contract period without renewing the lease contract) shall be calculated according to the following formula; provided, during the period when the temporarily reduced rate pursuant to the proviso of paragraph (1) is applied, the lease fee shall be calculated by reflecting the rate reduction under the proviso of paragraph (1) in the lease fee under the main clause: <Amended on Jun. 21, 2013; Mar. 31, 2020; Apr. 20, 2022> |
[(Lease fee for the first year determined by bidding) × (Property price for the relevant year calculated under paragraph (2)) ÷ (Property price at the time of bidding calculated under paragraph (2))]
| (4) | Where the head of a local government deems it particularly necessary due to the location, form, use, or nature of the formation of public property, the public property may be leased in such a way that a key money is collected for the relevant property. |
| (5) | Where it is particularly necessary for the efficient management of general property, the head of a local government may lease the relevant property by days, hours, or number of times as prescribed by the municipal ordinances of the relevant local government. In such cases, rent may be collected for each day, hour, or number of times the property is leased. |
| (6) | Where the aboveground or underground portion of public property land is used substantially permanently, the lease fee for such space shall be appraised as the amount obtained by multiplying the price of such land by the appropriate ratio corresponding to the extent to which the use of the land is impeded by such space usage (hereinafter referred to in this paragraph as "3-dimensional use impediment ratio"). Where the underground or aboveground space of public property land is used for a certain period, the lease fee for such space shall be appraised as the amount obtained by multiplying the lease fee calculated under paragraph (1) by the 3-dimensional use impediment ratio. <Amended on Apr. 20, 2022> |
| (7) | The lease fee for land leased for cultivation may be the lesser of the lease fee calculated under paragraph (1) and 1/10 of the agricultural income per unit area of each farmhouse in the relevant City/Do, as surveyed and published by a statistical agency under subparagraph 3 of Article 3 of the Statistics Act (The statistics of Gyeonggi-do shall be applied for Seoul Special Metropolitan City and Incheon Metropolitan City; the statistics of Chungcheongnam-do for Daejeon Metropolitan City and Sejong Special Self-Governing City; the statistics of Jeollanam-do for Gwangju Metropolitan City; the statistics of Gyeongsangbuk-do for Daegu Metropolitan City; and the statistics of Gyeongsangnam-do for Busan Metropolitan City and Ulsan Metropolitan City). <Amended on Jun. 21, 2013; Dec. 4, 2018> |
| (8) | Where public property is leased as a start-up space to a start-up enterprise under the Support for Small and Medium Enterprise Establishment Act, and the lease fee calculated under paragraph (1) exceeds 25/1000 per annum of the appraised price of the relevant property, such amount may be the maximum limit of the lease fee. <Amended on Jun. 28, 2022> |
| (9) | "Amount prescribed by Presidential Decree" in the proviso of Article 32 (1) of the Act means 200,000 won. <Added on Apr. 20, 2022> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 31-2 (Lease fees upon renewal of lease contracts) |
Where a lease contract is renewed pursuant to Article 31 (2) and (3) of the Act, the annual lease fee for the renewed lease period shall be the higher of the following amounts; provided, during the period in which a temporarily reduced rate is applied pursuant to the proviso of Article 31 (1), the lease fee shall be calculated by reflecting the reduced rate on the lease fee determined under the main clause: <Amended on Mar. 31, 2020; Dec. 22, 2020> | 1. | The lease fee calculated pursuant to Article 31; |
| 2. | The lease fee calculated by the following formula: |
(Annual lease fee for the immediately preceding year
× Appraised value of the relevant year calculated under Article 31 (2)) ÷ Appraised value of the immediately preceding year calculated under Article 31 (2) [This Article Added on Jun. 21, 2013]
| Article 32 (Due dates for lease fees) |
| (1) | Lease fees for public property shall be paid in advance before the lease. |
| (2) | Notwithstanding paragraph (1), where the annual lease fee exceeds 500,000 won under the proviso of Article 32 (2) of the Act, or in the case of venture businesses under the Special Act on the Promotion of Venture Businesses, the lease fees may be paid in installments up to 12 times a year with interest added at the rate determined and publicly notified by the Minister of the Interior and Safety in consideration of the average deposit interest rate for one-year time deposits of commercial banks. <Amended on Aug. 4, 2010; Jun. 21, 2013; Jul. 12, 2016; Jul. 26, 2017; Dec. 22, 2020; Aug. 22, 2023; Jul. 2, 2024> |
| (3) | Notwithstanding paragraphs (1) and (2), in the case of foreign-invested enterprises as prescribed by ordinances of local governments, lease fees may be paid within 60 days from the date of completion of the first building, with interest added at the rate determined and publicly notified by the Minister of the Interior and Safety in consideration of the average deposit interest rate for one-year time deposits of commercial banks. <Amended on Jun. 21, 2013; Jul. 12, 2016; Jul. 26, 2017> |
| (4) | Where a temporarily reduced rate is applied for a fixed period pursuant to the proviso of Article 31 (1), the lease fee that falls due during the relevant period may be deferred up to 1 year (or for the remaining lease period, if the remaining period is less than 1 year). <Added on Dec. 22, 2020> |
| (5) | Where a deposit is required to be lodged or a performance guarantee insurance policy naming the local government as the insured is required to be entered into under Article 32 (3) of the Act, the amount thereof shall not exceed 50/100 of the annual lease fee. <Added on Aug. 4, 2010; Dec. 22, 2020> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 33 (Reduction of lease fees) |
Where public property is not successfully bid upon in 2 rounds of an open competitive bid process for lease, the head of a local government may, from the third round of an open competitive bid process, adjust the reserve lease fee price by lowering it each time by up to 10/100 of the initial reserve lease fee price, with 20/100 of the initial reserve lease fee price set as the minimum. <Amended on Jul. 20, 2015; Apr. 20, 2022>
[This Article Wholly Amended on Aug. 4, 2010]
| Article 34 (Adjustment of lease fees) |
Under Article 33 of the Act, if the annual lease fee for the relevant year increases by 5/100 or more compared to the annual lease fee of the preceding year (referring to the annual lease fee before the reduction where the lease fee is reduced under the Act or other statutes, or where a temporarily reduced rate is applied under the proviso of Article 31 (1)), a local government may, by ordinance, partially or wholly reduce the increased portion. <Amended on Jul. 7, 2014; Mar. 31, 2020; Dec. 22, 2020> [This Article Wholly Amended on Apr. 24, 2009]
| Article 35 (Reduction or exemption of lease fees) |
| (1) | "Cases prescribed by Presidential Decree where it is deemed necessary to promote the local economy" in Article 34 (1) 2 of the Act means any of the following cases: <Amended on Jul. 12, 2016; Dec. 4, 2018; Dec. 22, 2020; Aug. 22, 2023> |
| 1. | Where a private contract is concluded for lease under Article 29 (1) 12 and the head of a local government deems it necessary to promote the local economy; |
| 2. | Where public property is leased for a fixed period to residents of an area affected by natural disasters or other calamities; |
| 3. | Where public property is leased for nonprofit projects of a nonprofit public corporation or a juristic person established with contributions or investments by the relevant local government; |
| 4. | Where a private contract is concluded for lease under Article 29 (1) 14, 15, or 23; |
| 5. | Where public property is leased to an association of local governments (limited to cases where the relevant local government is a member). |
| (2) | The head of a local government may, under Article 34 (2) of the Act, reduce or exempt lease fees for general property within the scope classified as follows, as prescribed by the ordinance of the relevant local government; provided, where a lease period is extended under Article 31 (4) 2 of the Act, no reduction of lease fees shall be granted in the case referred to in subparagraph 1: <Amended on Nov. 16, 2011; Jul. 12, 2016; Dec. 4, 2018; Dec. 22, 2020; Feb. 18, 2022> |
| 1. | Where the use of general property leased is restricted due to a cause attributable to the relevant local government: 100/100 of lease fees for the period of non-use; |
| 2. | Where any of the following applies: 50/100 of lease fees: |
| a. | Where property is leased to attract facilities falling under Article 29 (1) 19; |
| b. | Where a private contract is concluded for lease under Article 29 (1) 20, 25, or 26; |
| 3. | Cases other than those under subparagraphs 1 and 2: 30/100 of lease fees. |
| (3) | Where the head of a local government reduces lease fees under Article 34 (4) of the Act, the amount of reduction shall be limited to the lease fees calculated on the basis that the property of another person occupied by the relevant local government is regarded as general property. <Added on Apr. 20, 2022> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 36 (Compensation for losses due to cancellation or termination of lease contracts) |
| (1) | The amount of compensation payable by the State or a local government that intends to use the relevant general property under Article 35 (3) of the Act shall be as follows: <Amended on Jan. 5, 2021> |
| 1. | Facility expenses corresponding to the remaining lease period as of the time of cancellation or termination of the lease contract; |
| 2. | Expenses required for relocation of facilities or transplantation of trees; |
| 3. | An appraised amount of losses incurred due to suspension of business during the period of relocation or transplantation of facilities or trees, or installation of new facilities, resulting from cancellation or termination of the lease contract. |
| (2) | Article 18 (2) shall apply mutatis mutandis to the appraisal for calculating the amount of compensation under paragraph (1). |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 37 (Cases where sale may be made by nominated competitive bid process) |
The head of a local government may sell general property by a nominated competitive bid process under the proviso of Article 29 (1) of the Act in any of the following cases: <Amended on Aug. 4, 2010; Jul. 7, 2014; Jul. 12, 2016; Jan. 9, 2018> | 1. | Where it is necessary to nominate the owner of land adjacent to the relevant property as a bidder; |
| 2. | Where the property is designated for public use and sold under Article 36 (2) of the Act; |
| 3. | Where 2 or more persons apply for sale by a private contract under Article 38 (1). |
[This Article Wholly Amended on Apr. 24, 2009]
[Title Amended on Jul. 7, 2014]
| Article 37-2 (Restrictions on sale of general property) |
"Other property prescribed by Presidential Decree" in Article 36 (1) 4 of the Act means any of the following property: | 2. | Property that needs to be reserved in preparation for future administrative demand; |
| 3. | Property whose sale needs to be restricted due to reasons such as an ongoing or expected factual or legal dispute. |
[This Article Added on Jul. 7, 2014]
[Previous Article 37-2 moved to Article 37-3 <Jul. 7, 2014>]
| Article 37-3 (Sale with specified use) |
| (1) | Where property is sold by specifying the use of property pursuant to Article 36 (2) of the Act, such property shall be used for the specified purpose for at least 10 years from the date of sale. |
| (2) | Deleted. <Apr. 20, 2022> |
| (3) | Where the effect of the special agreement registration appended pursuant to Article 36 (3) of the Act has expired, the head of a local government shall, upon request of the landowner, provide the information and materials necessary for the application for cancellation of such registration. <Added on Jul. 12, 2016; Apr. 20, 2022> |
[This Article Added on Aug. 4, 2010]
[Moved from Article 37-2 <Jul. 7, 2014>]
| Article 38 (Cases where property may be sold by a private contract) |
| (1) | The head of a local government may sell general property by a private contract under the proviso of Article 29 (1) of the Act, if it falls under any of the following cases: <Amended on Dec. 15, 2009; Jun. 28, 2010; Aug. 4, 2010; Apr. 10, 2012; Mar. 23, 2013; Jul. 7, 2014; Nov. 19, 2014; Feb. 16, 2015; Jul. 20, 2015; Jul. 12, 2016; Jul. 26, 2017; Jan. 9, 2018; Sep. 18, 2018; Apr. 11, 2023; Jan. 7, 2025> |
| 1. | Where the State or another local government intends to use the property for official or public purposes; |
| 2. | Where the property is sold to a person who has leased such property under the conditions of a lease contract pursuant to Article 29 (5) 3; |
| 3. | Where the appraised value of property calculated by the methods under Article 31 (2) does not exceed 30 million won; |
| 4. | Where a person who owns adjacent land is the sole owner and the land without any buildings thereon falls short of the minimum lot size prescribed in Article 57 (1) of the Building Act, such land may be sold to the owner of such adjacent land; |
| 5. | Where apartments, tenement houses, or public housing constructed by a local government and the sites thereof are sold to persons of distinguished service to the State designated by the Minister of Patriots and Veterans Affairs or to beneficiaries under the National Basic Living Security Act; |
| 6. | Where property created through a development project under the Tourism Promotion Act is sold to end users moving into a designated district in accordance with the occupancy plan; |
| 7. | Where property is sold to village residents for residential or public facility sites or sold to a residents' organization to establish communal facilities, in order to support or encourage residential environment improvement projects under the Agricultural and Fishing Villages Improvement Act; |
| 8. | Where it is necessary to sell property secretly for diplomatic or national defense reasons; |
| 9. | Where property is disposed of for disaster recovery or relief purposes due to a natural disaster or other calamity; |
| 11. | Where stocks are sold by entrusting the sale thereof to investment traders or investment brokers; |
| 12. | Where the property provided for business handled by a local government is sold to a person who comprehensively takes over such business from the local government; |
| 14. | Where property necessary for business purposes is sold to any of the following institutions: |
| 15. | Where property is sold to a person entitled to be donated such property or leased such property free of charge under other Acts; |
| 17. | Where work land directly used by a welfare factory for persons of distinguished service to the State designated by the Minister of Patriots and Veterans Affairs is sold; |
| 20. | Where no bidders or successful bidders exist despite public notice and rebidding through an open competitive bid process; |
| 21. | Where school property of a school closed under the Act on the Promotion of Education in Islands and Remote Areas is sold for the purposes of youth education and projects for improving residents' welfare, to any of the following: |
| b. | A social welfare corporation under subparagraph 3 of Article 2 of the Social Welfare Program Act; |
| d. | Other non-profit corporations; |
| 22. | Where a school located in an eup or myeon area other than an island or remote area under subparagraph 21 is closed, and the school property is sold to a school foundation; |
| 23. | Where, in view of the location, form, or use of the property, it is difficult to put such property up for an open competitive bid process, or where it is unavoidable to sell such property by a private contract in light of the purpose or nature of the contract, and the details and scope thereof are prescribed by municipal ordinances of the local government; |
| 25. | Deleted; <Jan. 9, 2018> |
| 27. | Where land isolated and surrounded by private land owned by the same person is sold to such owner; |
| 28. | Where property is sold in order to attract factories or research facilities that meet the standards prescribed by municipal ordinances of the local government to revitalize the local economy, provided that the number of full-time employees residing in the relevant area is at least 30 or that at least 30 percent of raw materials are to be procured from the relevant area; |
| 29. | Where land incorporated into a housing construction project under the Housing Act is sold according to the standards prescribed by the Minister of the Interior and Safety; |
| 31. | Where property co-owned by a local government and another person is sold to such co-owner, provided that the share owned by the local government is not more than 300 square meters in a metropolitan city area, not more than 500 square meters in a dong area of a special self-governing city, a province, or Jeju Special Self-Governing Province, or not more than 1,000 square meters in an eup or myeon area of a special self-governing city, a province, or Jeju Special Self-Governing Province, and that the shareholding ratio of the other co-owner is at least 50 percent; |
| 32. | Where a building or structure owned by a local government is constructed or installed on private land, and such property is sold to the landowner in consideration of the location, scale, form, and use of such building or structure; |
| (2) | Notwithstanding paragraph (1), where property is subject to long-standing factual or legal disputes between conflicting interested parties, making it extremely difficult to resolve, or where property is deemed inappropriate to be sold by a private contract, such property shall be sold by an open competitive bid process. <Amended on Aug. 4, 2010; Jul. 20, 2015> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 39 (Payment of sale price and installment payment) |
| (1) | Where it is deemed difficult to pay the entire sale price of general property in a lump sum in any of the following cases, the purchaser may be allowed to pay the price in installments over a period not exceeding 10 years, with interest applied at the rate prescribed and publicly notified by the Minister of the Interior and Safety, taking into account the average deposit interest rate on one-year time deposits at commercial banks; provided, where the relevant local government continues to occupy or use the property sold for a certain period, the purchaser may be required to pay such interest from the time when he or she receives delivery of, or begins to occupy or use, the property sold: <Amended on Jun. 21, 2013; Jul. 7, 2014; Jul. 12, 2016; Jul. 26, 2017; Nov. 16, 2023> |
| 1. | Where property is sold to the State or another local government to be directly used for public or official purposes; |
| 2. | Where the purchaser of the property suffers significant damage to property due to a disaster, etc.; |
| 3. | Other cases prescribed by the municipal ordinances of the relevant local government. |
| (2) | Notwithstanding paragraph (1), where any of the following cases applies, the purchaser may be allowed to pay the price in installments over a period not exceeding 20 years, with interest applied at the rate prescribed and publicly notified by the Minister of the Interior and Safety, taking into account the average deposit interest rate on 1-year time deposits at commercial banks: <Amended on Jun. 21, 2013; Jul. 12, 2016; Jul. 26, 2017> |
| 1. | Where apartments, tenement houses, public housing, and their sites constructed by a local government for low-income residents are sold; |
| 2. | Where property related to rural development or the construction of a multi-purpose dam is sold; |
| 3. | Where it is deemed particularly necessary due to natural disasters or other calamities; |
| 5. | Where property necessary for foreign-invested enterprises prescribed by municipal ordinances of a local government is sold; in such cases, the interest applied during the installment payment period shall not exceed 4 percent per annum, and if the property is sold before the investment project plan for the foreign-invested enterprise is approved, the purchaser may be required to pay interest from the date the investment project plan is approved; |
| 6. | Where property is sold to attract factories or research facilities of manufacturing enterprises that meet the standards prescribed by the head of a local government to revitalize the local economy, provided that the number of full-time employees residing in the relevant area is at least 30 or that at least 30 percent of raw materials are to be procured from the relevant area. |
| (3) | The period for paying the entire sale price in a lump sum under Article 37 (1) of the Act shall not exceed 60 days from the date of contract conclusion; provided, for foreign-invested enterprises prescribed by municipal ordinances of the relevant local government, the payment period may be separately prescribed by such ordinances. |
| (4) | Where property developed through direct public development or revenue-generating projects by the head of a local government is sold, the purchaser may be allowed to pay the price in installments without interest in accordance with municipal ordinances of the relevant local government, notwithstanding paragraph (1). |
| (5) | The remaining balance of the sale price shall be subject to the interest rates under paragraphs (1) and (2). |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 40 (Reduction of sale price) |
Where general property is not successfully bid upon after 2 rounds of an open competitive bid process for sale, the head of a local government may reduce the reserve price of the property beginning with the third bidding round to not less than 80/100 of the original reserve price (50/100 in cases where the property has no value for utilization by the local government and is sold pursuant to the management plan); provided, the reserve price may be lowered by up to 10/100 of the original reserve price at each subsequent bidding round. <Amended on Jul. 20, 2015; Apr 20, 2022>
[This Article Wholly Amended on Aug. 4, 2010]
| Article 41 (Transfer of ownership) |
| (1) | In selling general property, the transfer of ownership shall be made after the full payment of the sale price. |
| (2) | Notwithstanding paragraph (1), where the sale price of general property is to be paid in installments pursuant to Article 39 (1) or (2), or where the sale price of general property is being paid in installments or is to be paid in installments pursuant to Article 42 and the relevant ordinance of the local government, ownership may be transferred before the full payment of the sale price. In such cases, necessary measures shall be taken to secure claims, such as the establishment of a mortgage. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 42 (Special cases concerning sale of general property) |
The head of a local government may, notwithstanding Articles 27 and 39, separately prescribe the standards for sale, etc. by ordinance of the relevant local government with respect to general property created through direct profit-making projects. In such cases, when determining the sale price among the sale standards, the development cost, which is the sum of labor costs, land acquisition costs (including compensation), and other expenses incurred for development, shall be set as the minimum limit of the sale price. [This Article Wholly Amended on Apr. 24, 2009]
| Article 43 (Brokerage fees for sale of general property) |
[This Article Wholly Amended on Apr. 24, 2009]
| (1) | Where general property is exchanged under Article 39 of the Act, it shall be exchanged for similar property that meets the standards prescribed by the Minister of the Interior and Safety, except where such exchange is made with national property or public property of another local government. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Except where an exchange is made with national property or public property of another local government, no exchange shall be made if the price of one property is less than 3/4 of the price of the other property. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 45 (Payment of exchange differential) |
| (1) | The exchange differential of general property shall be paid in a lump sum; provided, in cases falling under any subparagraph of Article 11-3 (1), where it is difficult to pay the entire amount in a lump sum, the balance may be paid in installments over a period not exceeding 10 years, together with interest calculated at the rate publicly announced by the Minister of the Interior and Safety, taking into account the average deposit interest rate for 1-year time deposits at commercial banks. <Amended on Jun. 21, 2013; Jul. 12, 2016; Jul. 26, 2017> |
| (2) | Where the property is exchanged to relocate population-concentrating facilities in the Seoul Metropolitan Area under subparagraphs 1 through 3 and 5 of Article 3 of the Enforcement Decree of the Seoul Metropolitan Area Readjustment Planning Act to a non-metropolitan area, the exchange differential may be paid in installments over a period not exceeding 20 years, with interest calculated at the rate publicly notified by the Minister of the Interior and Safety, considering the average interest rate on 1-year time deposits of commercial banks. <Amended on Jun. 21, 2013; Jul. 12, 2016; Jul. 26, 2017> |
| (3) | The proviso of paragraph (1) shall not apply to the exchange differential of movables among general property. |
| (4) | The period for lump-sum payment of the exchange differential under paragraph (1) shall not exceed 60 days from the date of contract conclusion. |
| (5) | The transfer of ownership in the exchange of general property shall be made only after the exchange differential has been fully paid; provided, where the exchange differential is paid in installments pursuant to the proviso of paragraph (1) or paragraph (2), ownership may be transferred before full payment of the exchange differential, but necessary measures shall be taken to secure claims, such as the creation of a mortgage. <Amended on Jul. 7, 2014> |
[This Article Wholly Amended on Apr. 24, 2009]
[Title Amended on Jul. 7, 2014]
| (1) | Where a transfer is made pursuant to Article 40 (1) 1 of the Act, the registered price of the relevant public property shall be deemed the price of the relevant property. |
| (2) | Cases where a transfer may be made pursuant to Article 40 (1) 2 of the Act shall be any of the following cases: <Amended on Aug. 4, 2010; Aug. 22, 2023> |
| 1. | Where the relevant general property falls under property for disaster preparedness, disaster recovery, relief projects, or property of a similar purpose; |
| 2. | Where the public building (including ancillary facilities) is located on land owned by the State or another local government, and the public building is transferred to the State or the local government which is the owner of the land for use according to its purpose. |
| (3) | A transfer pursuant to Article 40 (1) of the Act shall be within the value of facilities provided; and where the floor area ratio, building-to-land ratio, or number of stories has been relaxed under Article 52 (3) of the National Land Planning and Utilization Act, the transfer value shall be within the amount excluding the corresponding value; provided, in the case of land, it shall be calculated by area. <Amended on Aug. 4, 2010> |
| (4) | "Cases prescribed by Presidential Decree, where the value of assets falls or it is not necessary to possess assets" in Article 40 (1) 5 of the Act means any of the following cases: <Amended on Aug. 4, 2010> |
| 1. | Where some of the products of public forest are transferred to current residents who have contributed to the protection of the forest or cooperated in measures necessary for forest protection; |
| 2. | Where a building owned by a local government is located on land not owned by the local government, and where lease or sale is difficult, and the demolition cost exceeds the value of the building, and the landowner requests demolition, thereby making it unavoidable to transfer the building to the landowner; |
| 3. | Where a discontinued community center located on land not owned by the local government is transferred to joint representatives or a village council with the consent of a majority of village residents, so that residents may use it jointly. |
| (5) | When transferring general property pursuant to Article 40 (1) of the Act, the head of a local government shall clearly record and manage the following matters: <Added on Aug. 4, 2010> |
| 1. | The name (and the name of the representative in the case of a corporation) and address of the transferee; |
| 2. | The price of the general property to be transferred; |
| 3. | The condition of the property to be transferred; |
| 4. | Grounds and conditions for the transfer, if any; |
| 5. | The contract and receipt. |
| (6) | Where the effect of the special contract registration entered as an additional note expires pursuant to Article 40 (2) of the Act, the head of a local government shall provide the landowner, upon request, with the information and documents necessary for filing an application for cancellation of registration. <Added on Jul. 12, 2016> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 47 Deleted. <Dec. 30, 2006> |
| Article 48 (Trust of general property) |
| (1) | Where general property is entrusted under Article 42 of the Act, the trustee may be selected through a private contract. In such cases, the head of a local government shall receive business plans from at least 2 real estate trust companies and evaluate their appropriateness. |
| (2) | Where general property is entrusted, a trust agreement prescribed by the rules of the relevant local government shall be used. |
| (3) | A trustee entrusted with general property shall, as of the end of each year during the trust period, prepare accounts of the entrusted affairs and pay the profits arising from the trust to the head of the relevant local government by the end of February of the following year. |
| (4) | Where the trust period expires or the trust agreement is terminated, the trustee shall finalize the accounts of the entrusted affairs, obtain approval from the head of the relevant local government, and transfer the entrusted property to the local government by the following methods: |
| 1. | Land and fixtures: The trust registration shall be canceled and registered to the transfer of ownership to the local government; provided, fixtures that are difficult to register shall be transferred in their existing condition; |
| 2. | Other property generated by the trust: It shall be paid in cash to the local government. |
| (5) | The trust fees paid by a local government to a trustee shall be determined by any of the following criteria: |
| 1. | Fees estimated by examining similar cases of private real estate trusts; |
| 2. | The lowest ratio of the proposed fee amount to the estimated feasible trust dividends, among proposals made by at least 2 trustees; |
| 3. | The fee of the trustee selected based on the business plans proposed by at least 2 trustees; |
| 4. | Fees calculated by the results of a service on trust fees. |
| (6) | Except as provided for in paragraphs (1) through (5), matters necessary for the management of the trust of general property shall be prescribed by the ordinance of the relevant local government. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 48-2 (Entrusted institutions of general property) |
| (1) | "Person prescribed by Presidential Decree" in Article 43-2 (1) of the Act means any of the following persons: <Amended on Sep. 21, 2009; Mar. 24, 2014; Dec. 4, 2018; Feb. 17, 2022; Aug. 22, 2023; Feb. 7, 2025> |
| 1. | The Korea Asset Management Corporation under the Act on the Establishment of Korea Asset Management Corporation; |
| (2) | Where the head of a local government entrusts the management of general property under Article 43-2 of the Act, he or she shall enter into an entrustment contract with the entrusted institution referred to in paragraph (1), which shall include the following matters: |
| 1. | The purpose of entrustment; |
| 4. | Other matters necessary for the performance of entrusted affairs. |
[This Article Added on Apr. 24, 2009]
| Article 48-3 (Management of entrusted property) |
| (1) | Where a person is entrusted under Article 43-2 (1) of the Act (hereinafter in this Chapter referred to as the "entrusted institution"), such person shall, when managing or disposing of general property entrusted, indicate the grounds for entrustment and the entrusted institution, and shall do so in the name of the entrusted institution. |
| (2) | Where deemed necessary, the head of a local government may inspect or investigate the status of management or disposal of entrusted property, or require the entrusted institution to report thereon. |
| (3) | Articles 19 (2) through (5) shall apply mutatis mutandis to the entrustment period and to the lease of entrusted property. In such cases, "administrative property" shall be construed as "general property," "entrustment of management" as "entrusted management," and "use and profits" as "lease." <Amended on Dec. 22, 2020> |
[This Article Added on Apr. 24, 2009]
| Article 48-4 (Methods of attribution of property developed by entrustment to local governments) |
| (1) | Property developed by entrustment pursuant to Article 43-3 (1) of the Act shall vest in the local government simultaneously with its completion. |
| (2) | The entrusted institution shall prepare a report on the management status of entrusted general property and details of various revenues as of the end of each year, and submit it to the entrusted institution, which is the head of the relevant local government. |
| (3) | Disclosure of the results of the entrustment development project under Article 43-3 (8) of the Act shall be made according to the following criteria: <Added on Apr. 20, 2022> |
| 1. | Details to be disclosed: The following matters: |
| a. | Overview of the entrustment development project; |
| b. | Statement of entrustment development costs; |
| c. | Statement of profits generated by entrustment development; |
| d. | Vacancy rate of property developed by entrustment; |
| e. | Remuneration of the entrusted institution; |
| f. | Other matters equivalent to those under items a. through e., which the Minister of the Interior and Safety deems necessary to disclose regarding the results of the entrustment development project; |
| 2. | Time of disclosure: The time classified as follows: |
| a. | Initial disclosure: Within 3 months from the completion of property developed by entrustment; |
| b. | Regular disclosure: The time classified as follows: |
1) Sale-type development under Article 43-3 (3) 1 of the Act: Within 1 month from the lapse of 1 year after the initial disclosure under item a.; 2) Lease-type development under Article 43-3 (3) 2 of the Act: Within 1 month from the lapse of 5 years after the initial disclosure under item a.; 3) Mixed-type development under Article 43-3 (3) 3 of the Act: Within 1 month from the lapse of 3 years after the initial disclosure under item a.; | c. | Final disclosure: Within 6 months from the expiration of the entrustment period; |
| 3. | Method of disclosure: Posting on the Internet website of the relevant local government. |
| (4) | The head of a local government shall separately determine matters concerning the method of sale and lease of property developed by the entrusted institution, the remuneration of the entrusted institution, and other necessary matters, through deliberation by the Public Property Deliberation Committee. <Amended on Mar. 31, 2020; Apr. 20, 2022> |
[This Article Added on Apr. 24, 2009]
CHAPTER V PUBLIC PROPERTY REGISTER AND REPORTING
| Article 49 (Management of public property register) |
| (1) | A public property register under Article 44 (1) of the Act shall be prepared in accordance with the forms prescribed by ordinance, depending on the classifications and types of property, and shall be kept on file. |
| (2) | Where the actual category of land use ascertained in a field survey of public property under Article 44 (2) of the Act differs from the category of land recorded in the register, the head of a local government may apply for a change of the category of land by attaching the public property survey report (including photographs). <Amended on Aug. 4, 2010> |
| (3) | Where an administrator of property intends to conduct a field survey of public property under Article 44 (2) of the Act, he or she shall select the public property to be surveyed in accordance with the standards prescribed by the Minister of the Interior and Safety, taking into account the actual utilization of public property, and shall conduct at least once a year a field survey of the following matters concerning such public property: <Added on Aug. 4, 2010; Dec. 4, 2018> |
| 1. | Status of registration and cadastral records of public property; |
| 2. | Surrounding environment; |
| 3. | Status of utilization; |
| 4. | Other matters necessary for the preservation and management of public property. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 50 (Register price) |
When public property is newly acquired or when public property has already been acquired but does not yet have a register price, the price shall be recorded in the public property register at the amount prescribed in Article 46 of the Act. [This Article Wholly Amended on Dec. 22, 2020]
| Article 51 Deleted. <Aug. 4, 2010> |
| Article 52 (Reports on increases, decreases, and current prices) |
| (1) | "Updated prices" in Article 47 (1) of the Act means the prices appraised pursuant to Article 46 of the Act. <Amended on Aug. 4, 2010> |
| (2) | Reports on increases, decreases, and current prices under Article 47 of the Act shall be disclosed to residents and notified to the Minister of the Interior and Safety by May 31 of the following year. <Amended on Mar. 23, 2013; Jul. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 24, 2009]
CHAPTER V-2 SPECIAL CASES CONCERNING MANAGEMENT AND DISPOSAL OF INTELLECTUAL PROPERTY
| Article 52-2 (Permission to use intellectual property) |
| (1) | Where a person who has obtained permission to use or a lease of intellectual property (hereinafter referred to as "permission to use, etc.") under Article 43-5 (1) of the Act allows another person to use or profit from such intellectual property, the period of such use or profit shall not exceed the remaining period of the permission to use, etc. granted to that person. <Amended on Apr. 20, 2022> |
| (2) | Where a person who has obtained permission to use, etc. of intellectual property under Article 43-5 (1) of the Act intends to allow another person to use or profit from such intellectual property, he or she shall submit to the head of the local government an application for approval stating the following matters: |
| 1. | Indication of the relevant intellectual property; |
| 2. | Purpose of use, method of profit-making, and period of use and profit; |
| 3. | Matters regarding the consideration to be received by the person granted permission to use, etc. from the user or beneficiary; |
| 4. | Other matters deemed necessary by the head of the local government for the use and profit of the intellectual property. |
| (3) | Where the head of the local government receives an application for approval under paragraph (2), he or she may disapprove the application if the consideration under subparagraph 3 of that paragraph exceeds the usage fee or lease fee of the relevant intellectual property. |
| (4) | Where a person who has obtained permission to use, etc. of intellectual property intends to modify, alter, or adapt a work under Article 43-5 (2) of the Act, he or she shall submit to the head of the local government an application for approval stating the following matters: |
| 1. | Indication of the relevant intellectual property; |
| 2. | Purpose and details of the modification, alteration, or adaptation of the work; |
| 3. | Other necessary matters. |
[This Article Added on Jul. 20, 2015]
| Article 52-3 (Methods of permission for use, etc. of intellectual property) |
| (1) | Under the former part of Article 43-6 (4) of the Act, permission for use, etc. may be granted only to a specific person in any of the following cases: |
| 1. | Where it is deemed that the practice or use of the intellectual property requires the technology or facilities of a specific person due to the nature of the intellectual property; |
| 2. | Where it is necessary for the production, exhibition, or sale of local specialties or products that can contribute to the revitalization of the local economy, as prescribed by municipal ordinance; |
| 3. | Where it is deemed particularly necessary to grant permission for use, etc. due to a natural disaster or other calamities. |
| (2) | Under the latter part of Article 43-6 (4) of the Act, where permission for use, etc. of intellectual property is put up for an open competitive bid process and no successful bidder emerges even after 2 such processes, the head of a local government may grant permission for use, etc. by a private contract under Article 43-6 (1) of the Act. |
[This Article Added on Jul. 20, 2015]
| Article 52-4 (Standards for calculating usage fees of intellectual property) |
| (1) | The standards for calculating the usage fees or lease fees (hereinafter referred to as "usage fees, etc.") of intellectual property under Article 43-7 (1) of the Act shall be as follows: |
| 1. | Intellectual property under Article 4 (1) 5 a. of the Act: Appendix 4; |
| 2. | Intellectual property under Article 4 (1) 5 b. of the Act: Appendix 5; |
| 3. | Intellectual property under Article 4 (1) 5 c. of the Act: Appendix 6; |
| 4. | Intellectual property under Article 4 (1) 5 d. of the Act: The standards applicable to the intellectual property most similar to such intellectual property among the standards under subparagraphs 1 through 3. |
| (2) | Notwithstanding paragraph (1), where permission for use, etc. is granted by an open competitive bid process under the latter part of Article 43-6 (4) of the Act, the usage fees, etc. shall be determined by the highest bid price; provided, the provisions of Article 31 (3) shall not apply. |
[This Article Added on Jul. 20, 2015]
| Article 52-5 (Reduction of or exemption from usage fees of intellectual property) |
| (1) | Where the head of a local government intends to reduce or exempt usage fees, etc. pursuant to Article 43-8 of the Act, he or she shall specify the scope of the method and conditions of use in the permit for use or the lease contract. |
| (2) | In cases under subparagraph 2 of Article 43-8 of the Act, the reduction or exemption rates of the usage fees, etc. shall be as follows: |
| 1. | Where a permit for use, etc. is granted to the State or another local government: Exemption; |
| 2. | In other cases: 50/100 of the usage fees, etc. |
[This Article Added on Jul. 20, 2015]
| Article 52-6 (Period of permission for use, etc. of intellectual property) |
| (1) | Pursuant to Article 43-9 (1) of the Act, the period of permission for use, etc. of intellectual property (excluding trademark rights) shall be within 3 years. |
| (2) | Notwithstanding paragraph (1), where any of the following cases apply, the period of permission for use, etc. may be extended for the period classified as follows; provided, the total period including the initial permission for use, etc. and the extended period shall not exceed 5 years: |
| 1. | Where a preparation period of at least 1 year is required to practice the relevant intellectual property: Such preparation period; |
| 2. | Where the term of the relevant intellectual property expires within 4 years from the date of the contract: The remaining period until the expiration of such term. |
| (3) | The period of permission for use, etc. of trademark rights shall be within 5 years. |
[This Article Added on Jul. 20, 2015]
| Article 52-7 (Criteria for calculating usage fees, etc. in cases where permission for use, etc. is renewed) |
| (1) | Where permission for use, etc. is renewed pursuant to the main clause of Article 43-9 (2) of the Act, the usage fees, etc. for the renewed period of permission for use, etc. shall be governed by Article 52-4 (1) and (2), notwithstanding Article 14 (4) and Article 31-2. |
| (2) | Where permission for use, etc. is renewed pursuant to the proviso of Article 43-9 (2) of the Act, the usage fees, etc. shall be calculated according to the following formula: |
Usage fees, etc. immediately before renewal × Usage fees, etc. for the renewed period calculated under paragraph (1) ÷ Usage fees, etc. for the previous period calculated under paragraph (1)
[This Article Added on Jul. 20, 2015]
| Article 52-8 (Evaluation of prices of intellectual property) |
| (1) | Notwithstanding Article 27 (1), the estimated price at the time of disposal of intellectual property shall be the amount determined by the following methods: <Amended on Jan. 21, 2022> |
| 1. | The estimated total amount of usage fees or lease fees during the term of existence of the relevant intellectual property; |
| 2. | The amount appraised by an appraisal corporation, etc. (limited to cases where the estimated price cannot be determined under subparagraph 1). |
| (2) | The appraised value by an appraisal corporation, etc. under paragraph (1) 2 shall not be applicable if more than 1 year has passed since the date of appraisal. <Amended on Jan. 21, 2022> |
| (3) | Where it is difficult to determine the estimated price by the methods referred to in paragraph (1), the price shall be determined according to the transaction example prices of similar intellectual property; where there are no such transaction example prices, the estimated price may be determined by mutatis mutandis application of Article 11 (3) of the Regulations on Disposal and Management of State Public Officials' In-Service Inventions and Remuneration Therefor or Article 17 of the Enforcement Decree of the Act on the Protection of New Varieties of Plants. <Amended on Oct. 19, 2021> |
[This Article Added on Jul. 20, 2015]
CHAPTER VI COMMON PROVISIONS ON COMMODITIES
| Article 53 (Commodity classification numbers) |
| (2) | Where the head of a local government cannot assign commodity classification numbers under paragraph (1), he or she shall request the Administrator of the Public Procurement Service to designate such numbers and shall assign the commodity classification numbers accordingly. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 54 (Standardization of commodities) |
| (1) | The head of a local government shall, pursuant to Article 51 of the Act, prescribe the standard specifications of major commodities used by the relevant local government (hereinafter referred to as "organizational standards"); provided, in respect of commodities for which standards (hereinafter referred to as "government standards") have been established under the Commodity Management Act and the Industrial Standardization Act, the head of a local government may either not prescribe separate organizational standards or apply such standards with supplementation of only necessary matters. |
| (2) | The head of a local government shall apply organizational standards and government standards to commodity management, and where organizational standards and government standards differ, the government standards shall take precedence. |
| (3) | Where the head of a local government establishes, amends, or abolishes organizational standards under paragraph (1), he or she shall, without delay, submit the following documents to the Minister of the Interior and Safety: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The relevant specifications; |
| 2. | A statement of reasons for establishment, amendment, or abolition. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 55 (Verification of suitability of organizational standards) |
| (1) | The head of a local government shall verify the suitability of organizational standards every 3 years from the date on which such organizational standards were established (referring to the most recent date of amendment, if amended), and if deemed necessary to amend or abolish such standards as a result of the verification, he or she shall amend or abolish the organizational standards. |
| (2) | Notwithstanding paragraph (1), organizational standards may be amended or abolished before 3 years in any of the following cases: |
| 1. | Where problems arise in their application; |
| 2. | Where it is deemed necessary to amend or abolish organizational standards due to improvements in industrial technology, etc. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 56 (Delegation of affairs concerning management of commodities) |
| (1) | Where the head of a local government delegates affairs concerning the management of commodities to 2 or more public officials under Article 52 (1) of the Act, he or she shall designate 1 of them to comprehensively coordinate such affairs. |
| (2) | A commodity management officer (including a public official assigned to perform part of the affairs concerning management of commodities under Article 55 (1) of the Act; hereinafter the same shall apply) shall, when delegating affairs concerning the receipt, disbursement, and custody of commodities (excluding affairs concerning disbursement orders) under Article 53 (1) of the Act, or affairs concerning the use of commodities under Article 54 (1) of the Act to public officials belonging to his or her office, comply with the standards prescribed by the head of the local government. |
[This Article Wholly Amended on Apr. 24, 2009]
CHAPTER VII MANAGEMENT OF COMMODITIES
SECTION 1 Common Provisions
| Article 57 (Plan for supply and demand management of commodities) |
| (1) | When the head of a local government prepares a plan for supply and demand management of commodities concerning the acquisition, use, and disposal of commodities (hereinafter referred to as "plan for supply and demand management of commodities") under Article 57 (1) of the Act, he or she shall comply with the guidelines for preparing plans for supply and demand management of commodities of local governments prescribed by the Minister of the Interior and Safety, and shall include the planned quantity to be acquired, used, or disposed of, and the required budget for the relevant year. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety shall notify the head of a local government of the guidelines for preparing plans for supply and demand management of commodities for the following year under paragraph (1) by July 31 of each year. <Amended on Aug. 4, 2010; Mar. 23, 2013; Jul. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Commodities for which the head of a local government shall prepare a plan for supply and demand management of commodities under Article 57 (1) of the Act shall be commodities for which the head of the local government has determined fixed numbers under Article 58 of the Act (hereinafter referred to as "commodities subject to fixed-number management"). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 58 (Establishment of commodity management standards) |
| (1) | When the head of a local government determines the fixed numbers and standards of use of major commodities under Article 58 of the Act, he or she shall comply with the standards prescribed by the Minister of the Interior and Safety concerning the selection of target commodities, the determination and allocation of fixed numbers, the service life, substitutability, and depreciation and attrition rates. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The head of a local government shall reflect in the budget the purchase of commodities subject to fixed-number management for which fixed numbers are allocated, in preference to the purchase of commodities other than those subject to fixed-number management. |
| (3) | The head of a local government shall not acquire commodities subject to fixed-number management for which fixed numbers are not allocated, nor may he or she reflect in the budget the expenses required for the purchase, maintenance, and management thereof. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 59 (Regular inventory investigation) |
| (1) | When the head of a local government conducts an annual inventory investigation under Article 60 of the Act (hereinafter referred to as "regular inventory investigation"), he or she shall follow the guidelines for inventory investigations prescribed by the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 20, 2022> |
| (2) | When preparing the guidelines for inventory investigations under paragraph (1), the Minister of the Interior and Safety shall refer to the Government's guidelines for regular inventory investigations prescribed by the Administrator of the Public Procurement Service under Article 22 of the Enforcement Decree of the Commodity Management Act. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | After conducting a regular inventory investigation, the head of a local government shall submit the results thereof to the Minister of the Interior and Safety. In the case of a Si/Gun, or an autonomous Gu, such submission shall be made through a Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Province Governor. <Amended on Aug. 4, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Nov. 16, 2023> |
| (4) | Upon receiving the results of a regular inventory investigation under paragraph (3), the Minister of the Interior and Safety shall notify the Administrator of the Public Procurement Service of the contents thereof. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Nov. 16, 2023> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 60 (Inventory adjustment) |
When making an inventory adjustment under Article 61 of the Act, the head of a local government shall clearly specify the following matters, adjust the current quantity and value in the relevant books or cards, and verify the cause of the increase or decrease: | 1. | Classification number, name, and specifications of commodities subject to inventory adjustment; |
| 2. | Book quantity and value as of the date of inventory adjustment; |
| 3. | Increase or decrease in quantity and value found as a result of an inventory investigation; |
| 4. | Book quantity and value after inventory adjustment; |
| 5. | Grounds for making inventory adjustment. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 61 (Preparation of actual status of commodities) |
| (1) | Major commodities under Article 62 of the Act shall be commodities subject to fixed-number control. |
| (2) | The forms and methods of preparation, etc. of reports on increase or decrease and reports on current value under Article 62 of the Act shall be separately prescribed by the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 62 (Transfer of jurisdiction over commodities) |
| (1) | A commodity management officer shall, when transferring commodities under his or her jurisdiction to another commodity management officer within the same account pursuant to Article 63 of the Act, or to another commodity management officer under a different account within the same local government, obtain prior agreement between the commodity management officers and clearly state the agreed matters, and obtain approval from the head of the local government. |
| (2) | A commodity management officer shall, when transferring commodities under his or her jurisdiction to another commodity management officer under a different account within the same local government under paragraph (1), do so for compensation; provided, such transfer may be made without compensation when the commodities are to be used for official or public use under the other account. |
| (3) | The price for transfer to another account with compensation under paragraph (2) shall be the ledger price of the relevant commodities; provided, when it is difficult to transfer at the register price, it may be transferred at the market price. |
[This Article Wholly Amended on Aug. 4, 2010]
| Article 63 Deleted. <Aug. 4, 2010> |
| Article 64 Deleted. <Aug. 4, 2010> |
| Article 65 (Maintenance of commodities) |
| (1) | The head of a local government shall, pursuant to Article 64 of the Act, select major commodities subject to maintenance and establish a maintenance plan each year, which shall include maintenance methods and a supply plan for parts and accessories. |
| (2) | The head of a local government shall, when conducting maintenance in accordance with the maintenance plan under paragraph (1), establish maintenance standards in advance. In such cases, if the Minister of the Interior and Safety has prescribed guidelines for maintenance standards, the standards shall be established in accordance with such guidelines. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 66 (Standard forms) |
| (1) | "Standard forms prescribed by Presidential Decree" in Article 65 of the Act means the following forms: |
| 1. | Ledger for receipt and issuance of commodities; |
| 2. | Card for receipt, custody, and operation of non-consumables; |
| 3. | Requisition for commodities; |
| 4. | Receipt certificate for commodities; |
| 5. | Return certificate and acceptance certificate. |
| (2) | Where affairs concerning the management of commodities may be computerized under Article 66 of the Act and the results of such processing can be recorded electronically, the forms under paragraph (1) may be substituted with computerized data. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 67 (Computerization of commodity management affairs) |
| (1) | Where the head of a local government intends to computerize commodity management by means of computerized processing facilities pursuant to Article 66 of the Act, he or she shall consult in advance with the Minister of the Interior and Safety on the computer development, the joint use of input and output data, and the processing method. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The head of a local government shall attach electronic tags to commodities for efficient management thereof. In such cases, the head of the local government may manage the commodities bearing electronic tags in accordance with the standards prescribed by the Minister of the Interior and Safety regarding the management methods of such commodities and other necessary matters. <Amended on Mar. 23, 2013; Jun. 21, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 68 (Commodities that may be acquired from local governments) |
Commodities that public officials engaged in affairs related to commodity management may acquire from local governments under the proviso of Article 67 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> | 1. | Stamps or similar certificates; |
| 2. | Commodities for sale, the prices of which are prescribed by statutes or regulations or publicly announced; |
| 3. | Commodities designated by the head of a local government in consultation with the Minister of the Interior and Safety. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 69 (Request for measures for acquisition) |
| (1) | Where a commodity management officer makes a request to a contracting public official under Article 68 (1) of the Act to take measures necessary for the acquisition of commodities, he or she shall clearly state the commodity classification number, name, specification, quantity, and the timing when the commodity is needed. |
| (2) | Where a contracting public official who has received a request under paragraph (1) is unable to take measures necessary for the acquisition of commodities as requested due to budgetary circumstances or other unavoidable reasons, he or she shall notify the commodity management officer of such fact. |
| (3) | Where the commodity management officer and the contracting public official are the same person, the request under paragraph (1) and the notification under paragraph (2) may be omitted. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 70 (Request for measures for custody) |
| (1) | Where a commodity management officer intends to keep commodities under his or her jurisdiction in the facilities of a person other than a local government, pursuant to the proviso to Article 69 of the Act, he or she shall clearly state the following matters and request the contracting public official to take measures necessary for such custody: |
| 1. | Commodity classification number, name, specification, and quantity of the commodities requiring custody; |
| 3. | Custody place and custody facilities; |
| 4. | Ancillary conditions of custody. |
| (2) | Article 69 (2) and (3) shall apply mutatis mutandis to a request under paragraph (1). |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 71 (Orders for acquisition and disbursements) |
| (1) | Where a commodity management officer intends to order a commodity accounting official to receive or disburse such commodities under Article 70 of the Act, he or she shall specify the following matters: |
| 1. | Commodity classification number, name, specification, and quantity of the commodities to be received or disbursed; |
| 2. | Time of the receipt or disbursement; |
| 3. | Person who is to receive the commodities from the commodity accounting official and the person to whom the commodities are to be delivered by the commodity accounting official. |
| (2) | A commodity accounting official shall, when he or she receives or disburses commodities under the order under paragraph (1), receive or disburse the commodities in accordance with such order. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 72 (Request for measures for repair or alterations) |
Where a commodity management officer requests measures necessary for the repair or alterations of commodities under Article 71 (2) of the Act, he or she shall specify the following matters: | 1. | Commodity classification number, name, specification, and quantity of the commodities that require repair or alterations; |
| 2. | Time of the repair or alterations; |
| 3. | Details of the repair or alterations; |
| 4. | Conditions to be attached to the repair or alterations. |
[This Article Wholly Amended on Apr. 24, 2009]
| (1) | Where a commodity operation officer or a public official in charge of using commodities requests an order for the receipt or disbursement of commodities under the proviso of Article 72 of the Act, he or she shall specify the commodity classification number, name, specification, quantity, and purpose of the commodities to be requested. |
| (2) | Where a commodity operation officer (or a commodity management officer, if no commodity operation officer exists) allows his or her affiliated public officials to use commodities, he or she shall specify the public officials who will use such commodities. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 74 (Calculation of lease fees) |
| (1) | The annual lease fee for commodities leased under Article 74 (1) of the Act shall be determined by the head of the local government leasing the commodities, and the amount shall be not less than 6 percent of the appraised value of the commodities. |
| (2) | The appraised value of the commodities under paragraph (1) shall be determined by the head of the relevant local government, taking into account the book value and service life of the commodities leased. |
| (3) | The due date for the payment of the lease fee for commodities under paragraph (1) shall be determined according to the following classifications: |
| 1. | Where the lease period of the commodities is less than 1 year: Within 1 month from the date of lease; |
| 2. | Where the lease period of the commodities is 1 year or longer: Within 1 month from the date corresponding to the lease date in each year, starting from the year following the year in which the lease date falls. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 75 (Gratuitous lease) |
The head of a local government may, under Article 74 (2) of the Act, gratuitously lease commodities under his or her jurisdiction for a fixed period, to the extent that it does not hinder the performance of affairs or projects, in any of the following cases: <Amended on Aug. 4, 2010; Jul. 12, 2016; Dec. 18, 2018; Jul. 2, 2019; Aug. 22, 2023.> | 1. | Where the State, another local government, an association of local governments (limited to cases where the relevant local government is a member thereof), a public institution, a local public corporation, or a local public enterprise established under the Local Public Enterprises Act intends to directly use such commodities for official, public, or public-interest purposes; |
| 2. | Where a person entrusted with duties by the head of a local government under statutes or regulations intends to directly use such commodities for such entrusted duties; |
| 3. | Where commodities are to be leased to residents of an area affected by a disaster for recovery from such disaster or other related purposes; |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 76 (Decision on disuse) |
When the head of a local government makes a decision on disuse of commodities pursuant to the main clause of Article 75 (1) of the Act, he or she shall clearly specify the following matters in the written decision on disuse: | 1. | Classification number, name, specification, quantity, and value of the commodities subject to the decision on disuse; |
| 2. | Date of purchase and conditions of the commodities; |
| 3. | Usage history of the commodities; |
| 4. | Reasons for the decision on disuse; |
| 5. | Whether the commodities can be used for other purposes; |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 77 (Commodities for which a commodity management officer may make decision on disuse) |
In accordance with the proviso of Article 75 (1) of the Act, commodities for which a commodity management officer may make a decision on disuse shall be any of the following commodities; provided, commodities designated by the head of each local government shall be excluded. <Amended on Jul. 7, 2014> | 1. | Commodities with an acquisition unit price of less than 5,000,000 won; |
| 2. | Commodities that cannot be used; |
| 3. | Commodities that have become unnecessary to use and are not expected to be used in the future; |
| 4. | Commodities in excess of the fixed number and commodities held in stock in excess of the foreseeable demand for a certain period; |
| 5. | Parts for which the original equipment cannot be used or for which the original equipment no longer exists, where it is unnecessary or impossible to acquire such equipment anew; |
| 6. | Commodities with specifications or models changed, making repair difficult, or commodities that cannot be used for their original purpose even after repair; |
| 7. | Commodities removed from facilities and incapable of being utilized; |
| 8. | Commodities damaged or worn out, which cannot be used for their original purpose even after repair; |
| 9. | Commodities that require repair but are uneconomical to repair; |
| 10. | Commodities recognized by the head of each local government as falling under the same grounds as those prescribed in subparagraphs 1 through 9. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 78 (Methods of disposal of commodities in disuse and special cases) |
| (1) | When commodities in disuse are disposed of by an open competitive bid process, the bid notice, bid opening, and declaration of successful bidders shall be conducted using a designated information processing system. <Added on Jan. 9, 2018> |
| (2) | Where commodities in disuse are disposed of by an open competitive bid process under paragraph (1), if there is at least one valid bid at or above the estimated price, the successful bidder shall be the person who has submitted the highest bid. <Added on Jan. 9, 2018> |
| (3) | Commodities in disuse that have not been disposed of by an open competitive bid process after 2 or more attempts may be disposed of by an auction or private contract pursuant to the proviso of Article 76 (2) of the Act; provided, in the following cases, such commodities may be disposed of by an auction or private contract without undergoing an open competitive bid process: <Amended on Aug. 4, 2010, Jul. 12, 2016, Jan. 9, 2018, Apr. 20, 2022> |
| 1. | Where commodities in disuse are disposed of with a disposal unit price of not more than 100,000 won and a total disposal amount of not more than 5,000,000 won; |
| 2. | Where agricultural machinery in disuse is disposed of with a disposal unit price of not more than 5,000,000 won and a total disposal amount of not more than 10,000,000 won to farmers residing in the relevant local government; |
| 3. | Where such commodities are disposed of to the State or another local government. |
| (4) | Where commodities in disuse are disposed of pursuant to paragraphs (1) through (3), the estimated price shall be the appraisal value assessed by an appraisal corporation, etc.; provided, for commodities in disuse falling under any of the following subparagraphs, the estimated price may be determined based on quotations obtained from the contracting party or a third party: <Amended on Jul. 7, 2014, Feb. 16, 2015, Jan. 9, 2018, Jan. 21, 2022, Apr. 20, 2022> |
| 1. | Commodities in disuse with an acquisition unit price of not more than 100,000 won: The contracting party or a third party; |
| 2. | Commodities in disuse with an acquisition unit price of not more than 100,000 won: The contracting party or a third party; |
| 3. | Commodities in disuse with an acquisition unit price of not more than 100,000 won: The contracting party or a third party; |
| (5) | The estimated price determined under paragraph (4) shall not be disclosed to a prospective purchaser of such commodities in disuse; provided, if it is deemed that the disposal can be easily carried out by disclosing the estimated price, such disclosure may be made. <Amended on Jan. 9, 2018> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 78-2 (Reduction of sale price) |
The head of a local government may, for commodities in disuse that have not been sold by 2 or more open competitive bid processes, dispose of them by an open competitive bid process from the third bidding round, by sequentially lowering the estimated sales price by not more than 10/100 of the initial estimated sales price each time, with the minimum limit being 50/100 of the initial estimated sales price. <Amended on Aug. 4, 2010, Jan. 9, 2018>
[This Article Wholly Amended on Apr. 24, 2009]
| Article 79 (Transfer of commodities in disuse) |
| (1) | "Persons prescribed by Presidential Decree" in the provisions, with the exception of its subparagraphs, of Article 78 (1) of the Act means the following persons: <Amended on Apr. 20, 2022; Apr. 11, 2023; Aug. 22, 2023> |
| 2. | Other local governments; |
| 3. | Associations of local governments; |
| 9. | Organizations related to veterans designated by the Minister of Patriots and Veterans Affairs at the request of the Minister of the Interior and Safety; |
| 10. | Persons equivalent to those under subparagraphs 1 through 9, deemed necessary for transfer of commodities in disuse by the Minister of the Interior and Safety, and publicly announced. |
| (2) | Commodities that may be transferred to local residents under Article 78 (1) 8 of the Act shall be limited to the following: <Amended on Apr. 20, 2022> |
| 1. | Commodities acquired for the purpose of provision to local residents; |
| (3) | Deleted. <Apr. 20, 2022> |
| (4) | When the head of a local government transfers commodities under Article 78 (1) of the Act, he or she shall specify the following matters: <Amended on Apr. 20, 2022> |
| 1. | Name (and the name of the representative in the case of an institution) and address of the transferee; |
| 2. | Classification number, name, specifications, quantity, and value of the commodities; |
| 3. | Usage history of the commodities; |
| 4. | Condition of the commodities; |
| 5. | Reason for gratuitous transfer; |
| 6. | The contract and receipt. |
[This Article Wholly Amended on Apr. 24, 2009]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 80 (Collection of overdue charges) |
| (1) | When the head of a local government or an institution entrusted with the affairs concerning the management or disposal of general property under Article 43-2 of the Act collects overdue charges under Article 80 of the Act, he or she shall notify payment by attaching overdue charges calculated at the overdue charge rate classified under the following subparagraphs, setting a payment due date within 15 days from the date of the payment notice; in such cases, if the amount is not paid by the notified due date, payment shall be renotified not more than twice; provided, the last due date notified shall fall within 3 months from the date of the initial payment notice, and thereafter, demand for payment shall be made at least once a year: <Amended on Aug. 4, 2010, Apr. 20, 2022> |
| 1. | Where the overdue period is less than 1 month: 7 percent per year; |
| 2. | Where the overdue period is not less than 1 month but less than 3 months: 8 percent per year; |
| 3. | Where the overdue period is not less than 3 months but less than 6 months: 9 percent per year; |
| 4. | Where the overdue period is not less than 6 months: 10 percent per year. |
| (2) | Notwithstanding paragraph (1), where a temporarily reduced rate is applied by setting a period under the proviso of Article 14 (1) or the proviso of Article 31 (1), overdue charges for usage fees or lease fees during the relevant period may be calculated by applying 50/100 of the overdue charge rate classified under each subparagraph of paragraph (1). <Added on Dec. 22, 2020> |
| (3) | Where the amount notified is paid by the due date notified under the main clause of the part other than the subparagraphs of paragraph (1), overdue charges for the period from the date of notice to the date of payment shall not be collected. <Amended on Dec. 22, 2020> |
[This Article Wholly Amended on Apr. 24, 2009]
| (1) | Indemnities under Article 81 of the Act shall be the amount equivalent to 120/100 of the total of the usage fees or lease fees calculated pursuant to Articles 14, 31, and 74 by fiscal year for the period during which the property or commodities were occupied or used for profit without authorization (in the case of intellectual property, it refers to the usage fees calculated under Article 52-4 (1)); provided, where the indemnities exceed 500,000 won, they may be paid in installments within 3 years with interest added at the rate publicly announced by the Minister of the Interior and Safety, considering the average interest rate for one-year time deposits at commercial banks. <Amended on Aug. 4, 2010, Jun. 21, 2013, Jul. 20, 2015, Jul. 12, 2016, Jul. 26, 2017, Dec. 22, 2020, Apr. 20, 2022, Aug. 22, 2023> |
| (2) | When indemnities under paragraph (1) are collected, the amount, payment deadline, place of payment, and the basis of calculation shall be specified in writing. |
| (3) | The payment deadline under paragraph (2) shall be within 60 days from the date of the notice of payment of indemnities. |
| (4) | Where an unauthorized occupant under Article 81 (1) of the Act (hereinafter referred to as "unauthorized occupant") falls under any of the following subparagraphs, the head of a local government may defer collection of indemnities within 1 year from the initial payment deadline as prescribed by municipal ordinances: <Added on Jul. 7, 2014, Apr. 20, 2022, Aug. 22, 2023> |
| 1. | Where the property has suffered significant damage due to a disaster or theft; |
| 2. | Where the unauthorized occupant or his or her family living together requires long- term treatment due to illness or serious injury; |
| 4. | Other cases deemed equivalent to subparagraphs 1 and 2. |
| (5) | Deleted. <Apr. 20, 2022.> |
| (6) | Where the unauthorized occupant satisfies all of the following requirements, the head of a local government shall not collect indemnities for the period from the date of the notice of payment of indemnities to the date of payment: <Amended on Aug. 22, 2023> |
| 1. | The indemnities shall be paid within the payment deadline under paragraph (3); |
| 2. | Unauthorized occupation or unauthorized use or profit of the relevant public property or commodities shall be corrected before the payment of indemnities under subparagraph 1. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 82 (Additional dues for refund of overpaid amounts) |
"Interest determined by Presidential Decree" in Article 82 of the Act means the interest publicly announced by the Minister of the Interior and Safety, considering the average interest rate for 1-year time deposits at commercial banks. <Amended on Jun. 21, 2013, Jul. 12, 2016, Jul. 26, 2017> [This Article Wholly Amended on Apr. 24, 2009]
| Article 83 (Scope of concealed public property) |
| (1) | "Concealed public property" in Article 84 of the Act means any of the following property that belongs to a local government (including property that must vest in a local government pursuant to statutes or regulations): |
| 1. | Property registered in the name of a person other than a local government in the register of real estate or cadastral records; |
| 2. | Property not registered in the register of real estate or cadastral records. |
| (2) | Notwithstanding paragraph (1), the following property shall be excluded from the scope of concealed public property: <Amended on Jan. 5, 2021> |
| 1. | Property registered in the State property register or public property register of the State or a local government; |
| 2. | Property that is subject to litigation on ownership dispute between a local government and another party, or property involved in other ongoing disputes; |
| 3. | Property already identified by a local government and subject to ongoing procedures for becoming public property. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 84 (Compensation for reporting concealed public property) |
| (1) | Where it is confirmed that concealed public property reported under Article 84 of the Act vests in a local government, compensation shall be paid to the reporter within the limit of 10/100 of the value of such property. |
| (2) | The compensation under paragraph (1) shall be limited to 30 million won, and the compensation rate and the maximum amount for each type of concealed public property shall be prescribed by municipal ordinances. |
| (3) | Where 2 or more persons report concealed public property, compensation shall be paid to the first reporter; provided, where the reported area differs, compensation may be paid to a reporter other than the first reporter, limited to the area reported by such reporter. |
| (4) | In cases falling under paragraph (1), Article 27 shall apply mutatis mutandis to the determination of the value of the relevant property. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 85 (Special cases concerning voluntary restitution of concealed public property) |
| (1) | Where a person voluntarily returns concealed public property to a local government under Article 85 of the Act and such property is sold to that person, depending on the cause of voluntary return, he or she may be permitted either to pay in installments or to make a lump-sum payment after deducting a certain amount from the sales price, as classified below: <Amended on Jul. 7, 2014> |
| 1. | Where returned voluntarily or through settlement before filing a lawsuit: payment in installments within 12 years, or lump-sum payment of the sales price less 80 percent; |
| 2. | Where returned through settlement or admission of claim during the trial of the first instance: Payment in installments within 10 years, or lump-sum payment of the sales price less 70 percent; |
| 3. | Where returned due to waiver of the right to appeal before filing an appeal or expiration of the period for filing an appeal: Payment in installments within 8 years, or lump-sum payment of the sales price less 60 percent; |
| 4. | Where returned through withdrawal of appeal, settlement during the appeal trial, or admission of claim: Payment in installments within 6 years, or lump-sum payment of the sales price less 50 percent; |
| 5. | Where returned due to waiver of the right to final appeal before filing such appeal or expiration of the period for filing a final appeal: Payment in installments within 4 years, or lump-sum payment of the sales price less 40 percent; |
| 6. | Where returned through withdrawal of final appeal, settlement during the final appeal trial, or admission of claim: Payment in installments within 2 years, or lump-sum payment of the sales price less 30 percent. |
| (2) | In cases of voluntary return under paragraph (1), the date of return shall be the date of receipt of the registration application for the transfer of ownership of the concealed public property intended to be returned. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 85-2 (Excavation of local buried objects) |
| (1) | The affairs concerning the excavation of objects buried in land or other property owned by a local government (hereinafter referred to as "local buried objects") shall be administered by the head of the relevant local government; provided, where they are buried in military facilities under the Protection of Military Bases and Installations Act, such affairs shall be administered by the Minister of National Defense or the head of a military unit or agency delegated thereby. |
| (2) | An institution administering affairs concerning the excavation of local buried objects pursuant to paragraph (1) (hereinafter referred to as the "administering institution") may permit a person who has obtained its approval in accordance with this Decree to excavate the buried objects. |
| (3) | A person who intends to obtain approval for excavation of local buried objects (hereinafter referred to as "excavation approval") shall submit to the administering institution an application (including applications in electronic document form) stating the indication of the buried objects, their estimated quantity and estimated value, and the background of the excavation, with the following documents (including electronic documents) attached; in such cases, the administering institution shall verify, through joint use of administrative information under Article 36 (1) of the Electronic Government Act, a property tax or comprehensive landholding tax payment certificate of the financial guarantor (applicable only where a financial guarantor is providing the guarantee, and the property must correspond to not less than 1/2 of the required expenses); and where the financial guarantor does not consent to such verification, the certificate shall be attached: |
| 1. | A drawing indicating the location of the buried objects; |
| 3. | A business financing plan; |
| 4. | A statement of estimated expenses; |
| 5. | A letter of financial guarantee jointly guaranteed by 2 financial guarantors, or a performance bond policy containing a special clause for fixed compensation not less than the required expenses. |
| (4) | A person who intends to obtain excavation approval under paragraph (2) shall, at the time of application, pay to the administering institution an excavation deposit of not less than 10/100 of the estimated value of the buried objects, and where the excavation approval is canceled, the administering institution shall cause the deposit to be forfeited to the treasury of the local government or to the national treasury. |
| (6) | Except as provided in paragraphs (1) through (5), the Regulations on the Excavation of Goods Buried in State Property shall apply mutatis mutandis to the excavation of local buried articles. In such cases, "State property" shall be construed as "co-ownership," "State" as "local government," "national treasury" as "treasury or national treasury of a local government," and "Minister of Strategy and Finance" as "Minister of the Interior and Safety," respectively. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Added on Jul. 7, 2014]
| Article 86 (Settlement of due wear and tear) |
| (1) | Commodities that may be settled due to wear and tear under Article 86 of the Act shall be as follows: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 3. | Other commodities prescribed by the Minister of the Interior and Safety. |
| (2) | The rate of due wear and tear for commodities under paragraph (1) shall be determined by the head of a local government with the approval of the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where wear and tear not exceeding the due wear and tear rate occurs in commodities under paragraph (1), the commodity management officer shall take measures for disbursement of such commodities in the register in accordance with the rules of the local government and immediately report such fact to the head of the local government. |
| (4) | Where wear and tear exceeding the due wear and tear rate occurs in commodities under paragraph (1), the commodity management officer shall investigate the cause and facts thereof and immediately report the matter to the head of the local government, and the head of the local government shall specify the details and the results of the measures taken and immediately submit them to the Minister of the Interior and Safety and the Board of Audit and Inspection. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Nov. 16, 2023> |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 87 Deleted. <Apr. 20, 2022> |
| Article 88 Deleted. <Apr. 20, 2022> |
| Article 89 (Management of movables other than commodities) |
Pursuant to Article 89 of the Act, the following movables shall be governed, mutatis mutandis, by Articles 3, 50, 52 through 54, 67, 93, and 94 of the Act: <Amended on Aug. 4, 2010> | 1. | Movables entrusted to a local government by any person other than the local government; provided, ordinary postal items under the Postal Service Act shall be excluded; |
| 2. | Movables kept in custody as evidence under statutes or regulations; |
| 3. | Movables seized or attached for the purpose of imposing a penalty disposition or collecting delinquent local taxes, etc. under statutes or regulations; |
| 4. | Other movables designated by the head of a local government. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 90 (Inspection of commodity management) |
| (1) | The head of a local government shall designate inspection officials and have them conduct the inspection of commodity management under Article 90 of the Act (hereinafter referred to as "inspection of commodity management"). <Amended on Apr. 20, 2022> |
| (2) | Inspections of commodity management shall be classified into regular inspections and ad hoc inspections; regular inspections shall be conducted based on the end of each fiscal year, while ad hoc inspections shall be conducted upon replacement of a commodity management officer, a commodity accounting official, or a commodity operation officer. <Amended on Apr. 20, 2022> |
| (3) | Inspections of commodity management shall be conducted on actual commodities using standard forms, with respect to whether commodity management activities are lawful. <Amended on Apr. 20, 2022> |
| (4) | The head of a local government may, if deemed necessary, designate inspection officials from time to time to conduct inspection of commodity management concerning the status of commodities managed by a commodity management officer, a commodity accounting official, or a commodity operation officer, as well as the standard forms thereof. <Amended on Apr. 20, 2022> |
[This Article Wholly Amended on Apr. 24, 2009]
[Title Amended on Apr. 20, 2022]
| Article 91 (Exclusion of application) |
| (1) | Pursuant to Article 91 of the Act, Articles 49, 52, 53, 57, 58, 60, 62 through 64, 69, 75, 78, 86, 93, and 94 may not apply to the following commodities: <Amended on Jul. 7, 2014, Nov. 29, 2016, Apr. 20, 2022> |
| 1. | Documents necessary for the execution of affairs or projects of a local government; |
| 3. | Commodities confiscated or reverted to a local government pursuant to statutes or regulations; |
| 4. | Commodities necessary for the execution of affairs or projects of a local government, which are possessed and kept by the local government pursuant to statutes or regulations; |
| 6. | Works of art, such as calligraphic works, paintings, sculptures, photographs, and handicrafts; |
| 7. | Books, preserved items in museums, and exhibits in science museums; |
| 8. | Commodities in disuse, recognized by the head of the local government as having historical or academic preservation value and kept accordingly; |
| 9. | Commodities donated or otherwise received by the head of the local government for recycling; |
| 10. | Special commodities, such as plants and animals; |
| (2) | With respect to the commodities under the subparagraphs of paragraph (1), the head of the local government shall, unless otherwise provided for in other statutes or regulations, prescribe matters necessary for the efficient and appropriate management of such commodities, taking into account their characteristics. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 91-2 (Public announcement of electronic data related to public property and commodities) |
Pursuant to Article 92-2 (1) of the Act, electronic data related to public property and commodities that the Minister of the Interior and Safety may publicly announce through an information processing system, etc. shall be as follows: | 1. | Acquisition, disposal, and possession scale of public property and commodities; |
| 2. | Status of public property and commodities available for permission for use, lease, or sale; |
| 3. | Status of operation of local government office buildings. |
[This Article Wholly Amended on Jan. 7, 2025]
| Article 92 (Mutual transfer between public property and commodities) |
The head of a local government may, pursuant to Article 95 of the Act, manage or dispose of public property and commodities by mutual transfer in any of the following cases: | 1. | Where important machinery or equipment classified as administrative property has been abolished in use; |
| 2. | Where commodities have been acquired and affixed to real estate; |
| 3. | Where land or buildings have been separated and become movables. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 93 (Payment of budgetary incentives and compensation for property management activities to public officials managing public property and commodities) |
Pursuant to Article 96 (1) of the Act, budgetary incentives shall be paid in the amounts classified as follows, and the maximum limit shall be 20,000,000 won per person: | 1. | Where concealed public property has been discovered: An amount within 5 percent of the value of the acquired property (excluding the expenses incurred in acquisition); |
| 2. | Where revenue from usage fees or lease fees has been increased: An amount within 10 percent of the increased revenue; |
| 3. | Where arrears (including overdue charges) have been collected: An amount classified as follows; provided, it shall be limited to within 300,000 won per case and 1,000,000 won per person per month: |
| a. | For the 1st year: An amount within 1 percent of the collected amount; |
| b. | For the 2nd year or thereafter: An amount within 5 percent of the collected amount; |
| 4. | Where indemnities have been imposed and collected: An amount within 5 percent of the collected amount; |
| 5. | Where the revenue from the sale price is increased: the amount equivalent to less than 10 percent of the increased revenue; |
| 6. | Where project expenses have been saved: An amount within 10 percent of the saved expenses. |
[This Article Wholly Amended on Apr. 24, 2009]
| Article 94 Deleted. <Aug. 4, 2010> |
| Article 95 (Standards for floor areas of office buildings of local governments) |
| (1) | An office building under Article 94-3 (2) of the Act shall be classified as follows: |
| 1. | The main office building of a local government: A building owned or used (including leased use; hereafter the same shall apply in this paragraph) by the relevant local government for the purpose of use as the office of the head of the local government (including a secretary's office and reception room) or for the purpose of business conducted by institutions assisting or supporting the head of the local government (excluding the secretariat of the local council, affiliated agencies, collegial administrative agencies, and subordinate administrative agencies); |
| 2. | The office building of a local council: A building owned or used by the relevant local government for the purpose of business conducted by a local council (including the secretariat of the local council). |
| (2) | "The scope prescribed by Presidential Decree" under Article 94-3 (2) of the Act means the floor areas classified as follows: <Amended on Feb. 16, 2015> |
| 1. | The standard floor areas for the main office building of a local government under paragraph (1) 1 shall be as prescribed in Appendix 1; |
| 2. | The standard floor area for the office of the head of a local government in the main office building under paragraph (1) 1 shall be as prescribed in Appendix 2; |
| 3. | The standard floor areas for the office building of a local council under paragraph (1) 2 shall be as prescribed in Appendix 3. |
[This Article Wholly Amended on Aug. 4, 2010]
| Article 95-2 (Management of personally identifiable information) |
| 1. | Affairs concerning contributed acceptance under Article 7 of the Act; |
| 2. | Affairs concerning prohibition on constructing permanent facilities under Article 13 of the Act; |
| 3. | Affairs concerning permission for use of administrative property and lease of general property under Articles 20 and 29 of the Act; |
| 4. | Affairs concerning entrusted management of administrative property, trust of general property, and entrustment of general property under Articles 27, 42, and 43-2 of the Act; |
| 5. | Affairs concerning sale, exchange, and transfer of general property under Articles 36, 39, and 40 of the Act; |
| 6. | Affairs concerning permission for use, etc. of intellectual property under Article 43-5 of the Act; |
| 7. | Affairs concerning inspection of public property under Article 44 of the Act; |
| 8. | Affairs concerning lease and exchange of commodities under Articles 74 and 79 of the Act; |
| 9. | Affairs concerning sale and transfer of commodities in disuse under Articles 76 and 78 of the Act; |
| 10. | Affairs concerning collection of overdue charges and indemnities under Articles 80 and 81 of the Act; |
| 11. | Affairs concerning return of erroneously paid money under Article 82 of the Act; |
| 12. | Affairs related to orders, etc. for restoration to the original state under Article 83 of the Act; |
| 13. | Affairs concerning reports of concealed public property under Article 84 of the Act. |
[This Article Added on Jun. 21, 2013]
| Article 96 (Enactment and operation of municipal ordinances) |
Local governments may enact and operate ordinances or rules concerning matters delegated by statutes and regulations concerning the management and disposal of public property and commodities and other necessary matters. <Amended on Dec. 30, 2006>
ADDENDA <Presidential Decree No. 19227, Dec. 30, 2005>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2006.
Article 2 (General transitional measures)
| (1) | Any designations, public announcements, decisions, deliberations, confirmations, consents, registrations, entries, changes or abolitions of use, permissions, consultations, executions of contracts or agreements, establishments of mortgages, adjustments or reductions of lease fees, numbering of commodities, abolitions, amendments, or appropriateness verifications of standard forms, delegations of duties, notifications, inventory investigations, reports, approvals, mutual transfers of management, notices, payment notices, demands, reports, disbursements, indemnity orders, requests for determination, and other dispositions, procedures, and acts, as well as applications and reports, etc. related thereto, performed by the Minister of Government Administration and Home Affairs, local governments, heads of local governments, local councils, commodity management officers, commodity accounting officials, commodity operation officials, officials in charge of contracts, and other administrative agencies and public officials under the provisions of the former Enforcement Decree of the Local Finance Act as at the time this Decree enters into force, shall be deemed to have been performed under this Decree. |
| (2) | Any matters prescribed by municipal ordinances of local governments under the provisions of the former Enforcement Decree of the Local Finance Act as at the time this Decree enters into force shall be deemed to have been prescribed under the provisions of this Decree. |
Article 3 (Transitional measures concerning non-life insurance contracts)
| (1) | Where, as at the time this Decree enters into force, a contract of non-life insurance has been concluded for property permitted for use or profit-taking, or leased under the provisions of the former Enforcement Decree of the Local Finance Act, such contract of non-life insurance shall be deemed to have been concluded under Article 4 (1). |
| (2) | Where, as at the time this Decree enters into force, a local government imposed an amount equivalent to the premium or mutual-aid contribution in lieu of concluding a contract of non-life insurance under the provisions of the former Enforcement Decree of the Local Finance Act, such imposition shall be deemed to have been made under Article 4 (2). |
Article 3-2 (Transitional measures concerning permission for use or profit-making)
Notwithstanding Article 13 (2) 6 of the Enforcement Decree of the Act on the Management of Public Property and Commodities (Presidential Decree No. 19227), any person who, as at January 1, 2006, was using or profiting from administrative property or preserved property on 2 or more occasions by the method of private contract may be permitted to continue such use or profit-taking by the method of private contract until December 31, 2008. Article 4 (Special cases for the sale of miscellaneous property)
Where, before the enforcement of this Decree, a person who has been leased farmland for the purpose of cultivation has actually cultivated it for at least 5 years continuously, such farmland may be sold to him or her by private contract notwithstanding Article 38 (1).). Article 6 (Relationship with other statutes or regulations)
Where, at the time this Decree enters into force, any other statutes or regulations cite the provisions of the former Enforcement Decree of the Local Finance Act regarding the management and disposition of public property and commodities, and this Decree contains provisions corresponding thereto, such citations shall be deemed to be citations of this Decree or the relevant provisions of this Decree.
ADDENDA <Presidential Decree No. 19719, Oct. 27, 2006>
Article 1 (Enforcement date)
This Decree shall enter into force on October 29, 2006.
ADDENDA <Presidential Decree No. 19720, Oct. 27, 2006>
Article 1 (Enforcement date)
This Decree shall enter into force on October 29, 2006.
ADDENDA <Presidential Decree No. 19816, Dec. 30, 2006>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to property prohibited from being donated in kind) The amended provisions of Article 5 (4) shall apply beginning with the property first donated in kind after this Decree enters into force. |
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 20772, Apr. 18, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to management plans for public property)
The amended provisions of Article 7 (2) 13 shall apply beginning with management plans for public property formulated for the first time after this Decree enters into force. Article 3 (Applicability to adjustment of usage fees and lease fees)
The adjustment of usage fees under the amended provisions of Article 16 and the adjustment of lease fees under the amended provisions of Article 34 shall apply beginning with usage fees or lease fees calculated and imposed for the first time after this Decree enters into force. Article 4 (Special cases concerning lease of miscellaneous property)
Notwithstanding Article 29 (3), the site of petroleum product storage facilities that the Seoul Metropolitan Government established with subsidies from the national treasury before 1983 may be gratuitously leased to the Korea National Oil Corporation established under the Korea National Oil Corporation Act if the Corporation continues to use it for such purpose. Article 5 (Special cases concerning transfer of miscellaneous property)
Notwithstanding Article 46 (3), public property owned by a Si/Gun/autonomous Gu, which has been continuously used for fire-fighting duties from before the fire-fighting duties were transferred from a Si/Gun to a City/Do pursuant to the amended provisions of Article 3 of the Fire Services Act (Act No. 4419), may be transferred to a City/Do.
ADDENDA <Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on May 26, 2008.
ADDENDA <Presidential Decree No. 20791, May 26, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 21098, Oct. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 21205, Dec. 31, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 7 (1) 1 and (4) shall begin to apply from the first public property management plan formulated or amended after this Decree enters into force. Article 3 (Transitional measures)
Notwithstanding the amended provisions of Article 78-2, the former provisions shall apply where an auction or a private contract is in progress after an open competitive bid process has been conducted for goods in disuse on at least 2 occasions as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 21447, Apr. 24, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on April 27, 2009.
Article 2 (Applicability)
| (1) | The amended provisions of Article 7 (2) 4 shall apply beginning with the first management plan to be paid to a local council after this Decree enters into force. |
| (2) | The amended provisions of Article 19 (2) and (3) shall also apply to the administrative property the management of which has been entrusted before this Decree enters into force. |
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on July 31, 2009. <Proviso Omitted.>
ADDENDA <Presidential Decree No. 21698, Aug. 21, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on August 23, 2009.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on October 1, 2009.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22221, Jun. 28, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2010.
ADDENDA <Presidential Decree No. 22319, Aug. 4, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on August 5, 2010; provided, the amended provisions of Article 57 (2) shall enter into force on January 1, 2011. Article 2 (Applicability to installment payments and reduction or exemption of usage fees)
The amended provisions of Article 14 (5) and (6) shall apply beginning with usage fees collected for the first time after this Decree enters into force. Article 3 (Applicability to calculation of lease fees)
The amended provisions of Article 31 (3) shall apply beginning with the renewal of lease contracts for the first time after this Decree enters into force. Article 4 (Applicability to installment payments of lease fees)
The amended provisions of Article 32 (2) and (4) shall apply beginning with lease fees collected for the first time after this Decree enters into force. Article 5 (Applicability to collection of indemnities)
The amended provisions of the proviso of Article 81 (1) shall apply beginning with indemnities collected for the first time after this Decree enters into force. Article 6 (Transitional measures concerning citations in other statutes or regulations)
Until November 17, 2010, the term "banks" in the amended provisions of Article 18 (2) shall be deemed "financial institutions." Article 7 (Transitional measures concerning operation of office buildings of local governments)
Where, at the time this Decree enters into force, any office building of a local government classified under each subparagraph of Article 95 (1) is inconsistent with the amended provisions of that Article, such office building shall be brought into compliance with the amended provisions within 1 year from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2011.
ADDENDA <Presidential Decree No. 23036, Jul. 19, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23297, Nov. 16, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, among Presidential Decrees amended pursuant to Article 6 of these Addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcements dates of the respective Presidential Decrees.
ADDENDA <Presidential Decree No. 24631, Jun. 21, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of the proviso of Article 11-3 (1), Article 11-3 (2), Article 14 (6), Article 32 (2) and (3), Article 39 (1), the part other than each subparagraph of Article 39 (2), the proviso of Article 45 (1), Article 45 (2), the proviso of Article 81 (1), and Article 82 shall enter into force 6 months after the date of its promulgation, and the amended provisions of Article 67 (2) shall enter into force 1 year after the date of its promulgation, respectively. Article 2 (Applicability to interest rates for installment payments of exchange differentials, usage fees, and lease fees)
Article 3 (Applicability to changes in calculation methods of usage fees and lease fees)
The amended provisions of Article 14 (3) and Article 31 (2), (3), and (7) shall apply to cases where usage fees or lease fees are calculated after this Decree enters into force. Article 4 (Applicability to usage fees and lease fees upon renewal of permission for use or profit-making and lease contracts)
The amended provisions of Article 14 (4) and Article 31-2 shall apply to cases where usage fees or lease fees are calculated after this Decree enters into force. Article 5 (Applicability to interest on lease fees for foreign-invested enterprises)
The amended provisions of Article 32 (3) shall apply to lease contracts concluded after the effective date prescribed in the proviso of Article 1 of the Addenda. Article 6 (Applicability to additional payments on refunds of erroneously paid amounts)
The amended provisions of Article 82 shall apply to refunds paid after the effective date prescribed in the proviso of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 25279, Mar. 24, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25441, Jul. 7, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on July 8, 2014.
Article 2 (Applicability to formulation of management plans for public property)
The amended provisions of Article 7 shall apply from the management plans for public property or the amended plans established after this Decree enters into force. Article 3 (Applicability to construction of permanent facilities)
The amended provisions of Article 9 shall apply from the cases where permission for use or profit-making of public property is granted, or contracts for lease, sale, exchange, etc. are concluded after this Decree enters into force. Article 4 (Applicability to the price of administrative property to be exchanged)
The amended provisions of Article 11-2 (3) shall apply from the determination of the price of administrative property to be exchanged after this Decree enters into force. Article 5 (Applicability to due dates and reductions of usage fees)
The amended provisions of Article 14 (5) and Article 17 (5) shall apply from the cases where permission for use or profit-making of administrative property is granted after this Decree enters into force. Article 6 (Applicability to contribution in-kind and evaluation)
The amended provisions of Article 24 (2) shall also apply to cases where property contributed in-kind is returned before this Decree enters into force; provided, this shall not apply where, at the time of contribution in-kind, it was agreed that the property would be returned at the market price at the time of return. Article 7 (Applicability to nominated competitive bid process for lease of general property)
The amended provisions of Article 29 (1) and (3) shall apply from the cases where lease contracts for general property are concluded after this Decree enters into force. Article 8 (Applicability to transfer of ownership due to exchange of general property)
The amended provisions of Article 45 (5) shall apply from the cases where contracts for exchange of general property are concluded after this Decree enters into force. Article 9 (Applicability to the estimated price for sale of commodities in disuse)
The amended provisions of Article 78 (2) shall apply from the cases where the estimated price is calculated to sell commodities in disuse after this Decree enters into force. Article 10 (Transitional measures concerning imposition of mutual-aid money)
Notwithstanding the amended provisions of Article 4 (2), as regards public property for which permission for use or profit-making or lease has been granted before this Decree enters into force, the former provisions shall apply. Article 11 (Transitional measures concerning registration of public property)
Notwithstanding the amended provisions of Article 6, as regards public property that has come under the jurisdiction of a local government before this Decree enters into force, the former provisions shall apply. Article 12 (Transitional measures concerning methods of evaluating property contributed in-kind)
Notwithstanding the amended provisions of Article 24 (1), as regards the methods of evaluating property contributed in-kind before this Decree enters into force, the former provisions shall apply. Article 13 (Transitional measures concerning excavation of local buried property)
Any person who has been granted the right to excavate local buried property by the competent institution before this Decree enters into force shall be deemed to have obtained excavation approval from the competent institution under the amended provisions of Article 85-2.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on July 15, 2014.
ADDENDA <Presidential Decree No. 25522, Jul. 28, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on July 29, 2014.
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, among the Presidential Decree amended in accordance with Article 5 of these Addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Presidential Decrees.
ADDENDA <Presidential Decree No. 26103, Feb. 16, 2015>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 29 (1) 19 and 38 (1) 28 shall enter into force 6 months after the date of its promulgation, and the amended provisions of Article 95 (2), the remarks of Appendix 1, the remarks of Appendices 2 and 3 shall enter into force on March 1, 2015.
ADDENDA <Presidential Decree No. 26408, Jul. 20, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on July 21, 2015.
Article 2 (Applicability to reduction of or exemption from usage fees)
The amended provisions of Article 17 (2) shall apply from the cases where permission for use or profit-making of intellectual property is granted after this Decree enters into force. Article 3 (Special cases concerning renewal of entrustment period of administrative property)
Where the entrustee of administrative property has renewed the entrustment period 2 or more times under the former provisions of Article 19 (3) before this Decree enters into force by means of bidding, if such entrustment period expires by September 20, 2015, notwithstanding the amended provisions of Article 19 (3), the entrustment period may be renewed once only.
ADDENDA <Presidential Decree No. 27328, Jul. 12, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 21 (4) and 26 (5) and (6) shall enter into force 6 months after the date of its promulgation. Article 2 (Applicability to lease contracts for tourism and cultural facilities)
The amended provisions of Article 30 (1) 3 and Article 35 (1) 4 shall apply from the cases where lease contracts are concluded after this Decree enters into force. Article 3 (Transitional measures concerning the attribution ratio of usage fees)
Notwithstanding the amended provisions of Article 10 (1) 2, the attribution ratio of indemnities imposed before this Decree enters into force shall be governed by the former provisions. Article 4 (Transitional measures concerning interest rates on installment payments of exchange differentials, sales proceeds)
Notwithstanding the amended provisions of Article 11-3 (1) and (2), Article 39 (1) and (2), Article 45 (1) and (2), and Article 81 (1), interest rates on installment payments under exchange contracts or sales contracts concluded, or indemnities imposed before this Decree enters into force shall be governed by the former provisions. Article 5 (Transitional measures concerning interest rates on installment payments of usage fees and lease fees)
Notwithstanding the amended provisions of Article 14 (7), Article 32 (2) and (3), where annual usage fees or annual lease fees were allowed to be paid in installments under the former provisions before this Decree enters into force, the interest rates shall be governed by the former provisions. Article 6 (Transitional measures concerning appraisal of prices of general property in exchange)
Where procedures for concluding exchange contracts with the State or other local governments are ongoing at the time this Decree enters into force, notwithstanding the amended provisions of Article 27 (3), the former provisions shall apply. Article 7 (Transitional measures concerning appraisal methods for leased property to calculate lease fees)
| (1) | Notwithstanding the amended provisions of Article 31 (2), the appraisal of property under lease contracts concluded before this Decree enters into force shall be governed by the former provisions. |
| (2) | Notwithstanding paragraph (1), where the price of land has been appraised under the proviso of Article 31 (2) 1 before this Decree enters into force, the price of the relevant property may be determined every 3 years from the date of appraisal in accordance with the amended provisions of the latter part other than the subparagraphs of Article 31 (2). |
Article 8 (Transitional measures concerning interest rates on refunds of overpaid amounts)
Notwithstanding the amended provisions of Article 82, in cases where overpaid amounts incurred before this Decree enters into force are refunded, the interest rates applicable from the date of overpayment until the day before the enforcement date of this Decree shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 27471, Aug. 31, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on September 1, 2016.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on September 1, 2016.
ADDENDA <Presidential Decree No. 27621, Nov. 29, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on November 30, 2016.
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, among the Presidential Decrees amended by Article 8 of the Addenda, the amendment to a Presidential Decree which was promulgated before this Decree enters into force but whose enforcement date has yet to arrive, shall enter into force on the enforcement date of the relevant Decree.
ADDENDA <Presidential Decree No. 28577, Jan. 9, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 13 (5) shall enter into force 6 months after the date of its promulgation. Article 2 (Applicability to sublease of donated property)
The amended provisions of Article 5 (3) shall also apply to cases where, before this Decree enters into force, there remains a period of gratuitous use of donated property under the proviso of Article 7 (2) of the Act. Article 3 (Applicability to establishment of bids)
The amended provisions of Article 19-2 (1) shall apply from the cases where bid announcements are made after this Decree enters into force. Article 4 (Applicability to methods of sale of commodities in disuse)
The amended provisions of Article 78 (1) and (2) shall apply from the cases where public announcements of an open competitive bid process are made 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.
ADDENDA <Presidential Decree No. 29181, Sep. 18, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on September 21, 2018.
ADDENDA <Presidential Decree No. 29324, Dec. 4, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 49 (3) shall enter into force on January 1, 2019, and the amended provisions of Articles 13 (3) 21 and 22, 17 (7), 29 (1) 20 and 25, and 35 (2) shall enter into force 6 months after the date of its promulgation. Article 2 (Applicability to permission for use or profit-making)
| (1) | The amended provisions of Article 13 (3) 6 shall apply from the cases where permission for use or profit-making is granted after this Decree enters into force. |
| (2) | Where, at the time this Decree enters into force, any person has continuously obtained permission for use or profit-making of administrative property 2 or more times consecutively by means of a private contract under the former Article 13 (3) 6 and has been using or profiting from such administrative property, the amended provisions of Article 13 (3) 6 shall not apply, and the use or profit-making of such administrative property may be permitted under the former provisions until 5 years after this Decree enters into force. |
Article 3 (Applicability to usage fees and lease fees upon permission for use or profit-making and lease contracts)
The amended provisions of Article 17 (7) and Article 35 (2) shall apply from the cases where usage fees or lease fees are collected after the enforcement date prescribed in the proviso of Article 1 of the Addenda. Article 4 (Applicability to lease contracts)
| (1) | The amended provisions of Article 29 (1) 10 and 20 shall apply from the cases where lease contracts are entered into after this Decree enters into force. |
| (2) | Where, at the time this Decree enters into force, any person has continuously entered into lease contracts for general property 2 or more times consecutively by means of a private contract under the former Article 29 (1) 10 and has been leasing such general property, the amended provisions of Article 29 (1) 10 shall not apply, and lease contracts for such general property may be entered into under the former provisions until 5 years after this Decree enters into force. |
| (3) | Where, at the time of enforcement prescribed in the proviso of Article 1 of the Addenda, any person has entered into a lease contract for general property under the former Article 29 (1) 20 and has been using such general property, such lease contract shall be deemed to have been entered into under the amended provisions of Article 29 (1) 20. |
Article 5 (Applicability to calculation of lease fees)
The amended provisions of Article 31 (7) shall apply from the cases where lease fees are calculated after this Decree enters into force. Article 6 (Applicability to surveys on the actual status of public property)
The amended provisions of Article 49 (3) shall apply from the surveys conducted after the enforcement date prescribed in the proviso of Article 1 of the Addenda.
ADDENDUM <Presidential Decree No. 29395, Dec. 18, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29939, Jul. 2, 2019>
This Decree shall enter into force 6 months after its promulgation; provided, the amended provisions of Article 9 (1) 11 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30583, Mar. 31, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to usage fees and lease fees)
The amended provisions of the proviso of Article 14 (1), the proviso of Article 31 (1), the proviso of the part other than the calculation formula of Article 31 (3), and the proviso of the part other than each subparagraph of Article 31-2 shall also apply to the permissions for use or profit-making granted or renewed and lease contracts entered into or renewed before this Decree enters into force.
ADDENDA <Presidential Decree No. 31220, Dec. 8, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on December 10, 2020.
ADDENDA <Presidential Decree No. 31276, Dec. 22, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 16, 17 (6) and (7), 29 (1) 28, 34, 35, and 57 (3) shall enter into force 6 months after the date of its promulgation. Article 2 (Applicability to installment payment of usage fees and lease fees)
The amended provisions of Article 14 (7) and Article 32 (2) shall also apply where, before this Decree enters into force, permission for use or profit-making of administrative property has been granted or a lease contract for general property has been entered into. Article 3 (Applicability to deferral of payment of usage fees and lease fees)
| (1) | The amended provisions of Article 14 (8) and Article 32 (4) shall also apply where, before this Decree enters into force, a reduced rate was temporarily applied pursuant to the proviso of Article 14 (1) and the proviso of Article 31 (1). |
| (2) | Where, at the time this Decree enters into force, the payment of usage fees and lease fees has been deferred pursuant to municipal ordinances, such deferral shall be deemed to have been made in compliance with this Decree until the deferred deadline, notwithstanding the amended provisions of Article 14 (8) and Article 32 (4); provided, local governments shall, within 3 months after this Decree enters into force, revise such ordinances to reflect the purport of the amended provisions of Article 14 (8) and Article 32 (4). |
Article 4 (Applicability to minimum limit of reduction of usage fees)
The amended provisions of Article 15 shall apply from the cases where the first public notice of an open competitive bid process is made after this Decree enters into force. Article 5 (Applicability to reduction of usage fees and lease fees)
The amended provisions of Article 17 (6) and (7) and Article 35 (2) shall apply from the cases where usage fees or lease fees are notified for payment after the enforcement date prescribed in the proviso of Article 1 of the Addenda. Article 6 (Applicability to usage fees and lease fees upon renewal of permission for use or profit-making and lease contracts)
The amended provisions of Article 31-2 2 (including cases applied mutatis mutandis under Article 14 (4)) shall apply from the cases where usage fees or lease fees are calculated after this Decree enters into force. Article 7 (Applicability to exemption of lease fees)
The amended provisions of Article 35 (1) 4 shall apply from the cases where lease contracts are entered into (excluding renewals) after the enforcement date prescribed in the proviso of Article 1 of the Addenda. Article 8 (Applicability to reduction of overdue charges)
The amended provisions of Article 80 (2) shall also apply where, before this Decree enters into force, a reduced rate was temporarily applied pursuant to the proviso of Article 14 (1) and the proviso of Article 31 (1). Article 9 (Transitional measures concerning expansion of facilities prohibited for construction of permanent structures)
Where a lease contract for general property has been entered into before this Decree enters into force, the provisions of the former statutes or regulations shall apply to the construction of permanent structures on such leased general property, notwithstanding the amended provisions of Article 9 (1) 5. Article 10 (Transitional measures concerning restrictions on eligibility to participate in bidding)
Where, before this Decree enters into force, an invitation to a restricted bid has been publicly announced for entrusted management of administrative property, the former provisions shall apply notwithstanding the amended provisions of the part other than each subparagraph of Article 19-2 (2). Article 11 (Transitional measures concerning gratuitous lease of general property)
Where general property has been gratuitously leased before this Decree enters into force, the former provisions shall apply notwithstanding the amended provisions of Article 29 (4).
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32074, Oct. 19, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on October 21, 2021.
ADDENDA <Presidential Decree No. 32352, Jan. 21, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on January 21, 2022.
ADDENDA <Presidential Decree No. 32449, Feb. 17, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on February 18, 2022.
ADDENDA <Presidential Decree No. 32455, Feb. 18, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on February 18, 2022.
ADDENDA <Presidential Decree No. 32601, Apr. 20, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on April 21, 2022; provided, the amended provisions of Articles 5 (4) 3, 7 (7) 2, 10-3, 33, 40, 78 (3) 3, the proviso and subparagraphs of paragraph (4) of that Article, and Articles 80 (1) 1 through 4 and 81 (6) shall enter into force on the date of its promulgation, and the amended provisions of Article 7 (1) 1 and 2 shall enter into force on January 1, 2023. Article 2 (Applicability to reappointment of civilian members of the Public Property Deliberative Committee)
The amended provisions of Article 10-3 (2) shall also apply to persons who were commissioned as civilian members before the enforcement date of the same amended provisions prescribed in the proviso of Article 1 of the Addenda. In such cases, the term of office as of the enforcement date of the amended provisions of Article 10-3 (2) prescribed in the proviso of Article 1 of the Addenda shall be deemed the first term of office, and whether reappointment is possible shall be determined accordingly. Article 3 (Applicability to reduction of the estimated prices of lease or sale)
The amended provisions of Articles 33 and 40 shall apply from the cases where a public notice of bidding for lease or sale is first made after the enforcement date of the same amended provisions prescribed in the proviso of Article 1 of the Addenda. Article 4 (Applicability to collection of indemnities)
The amended provisions of Article 81 (6) shall also apply where indemnities were notified for payment before the enforcement date of the same amended provisions prescribed in the proviso of Article 1 of the Addenda and the payment deadline under Article 81 (3) has not yet expired as of such enforcement date. Article 5 (Transitional measures concerning formulation of management plans for public property)
| (1) | Where, after the enforcement date of the amended provisions of Article 7 (1) 1 and 2 prescribed in the proviso of Article 1 of the Addenda, the business plan for fiscal year 2023 is amended pursuant to Article 10-2 (3) of the Act, or there is an urgent need to acquire or dispose of public property, the management plan for public property for fiscal year 2023 shall be formulated and submitted in accordance with the former provisions of Article 7 (1) 1 and 2, notwithstanding the same amended provisions. |
| (2) | Where, after the enforcement date of the amended provisions of Article 7 (1) 1 and 2 prescribed in the proviso of Article 1 of the Addenda, no ordinance of a local government has been enacted or amended by September 30, 2023 in accordance with the same amended provisions, the management plan for public property shall be formulated pursuant to the former provisions of Article 7 (1) 1 and 2 and submitted to the local council under Article 10-2 (1) of the Act, until such ordinance is enacted or amended. |
Article 6 (Transitional measures concerning calculation of overdue charges)
Where grounds for collecting overdue charges under Article 80 of the Act arise before the enforcement date of the amended provisions of Article 80 (1) 1 through 4 prescribed in the proviso of Article 1 of the Addenda and such overdue charges are collected after such enforcement date, the applicable rates shall be as follows: | 1. | For the overdue period before the enforcement date of the amended provisions of Article 80 (1) 1 through 4: The overdue charge rates under the former provisions of Article 80 (1) 1 through 4; |
| 2. | For the overdue period after the enforcement date of the amended provisions of Article 80 (1) 1 through 4: The overdue charge rates under the same amended provisions. |
ADDENDA <Presidential Decree No. 32733, Jun. 28, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on June 29, 2022.
ADDENDA <Presidential Decree No. 33382, Apr. 11, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on June 5, 2023.
ADDENDA <Presidential Decree No. 33673, Aug. 22, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to installment payment and reduction of usage fees)
| (1) | The amended provisions of Article 14 (8) shall apply beginning with cases where usage fees are collected after this Decree enters into force. |
| (2) | The amended provisions of Article 17 (5) 5 shall apply beginning with cases where permission for use is granted after this Decree enters into force. |
Article 3 (Applicability to installment payment and reduction of lease fees)
| (1) | The amended provisions of Article 32 (2) shall apply beginning with cases where lease fees are collected after this Decree enters into force. |
| (2) | The amended provisions of Article 35 (1) 5 shall apply beginning with cases where lease contracts are concluded after this Decree enters into force. |
Article 4 (Applicability to gratuitous lease of commodities)
The amended provisions of subparagraph 1 of Article 75 shall apply beginning with cases where commodities are leased after this Decree enters into force. Article 5 (Applicability to installment payment of indemnities)
The amended provisions of the proviso to Article 81 (1) shall apply beginning with cases where indemnities are collected after this Decree enters into force.
ADDENDUM <Presidential Decree No. 33858, Nov. 16, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 34657, Jul. 2, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on July 10, 2024. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 35187, Jan. 7, 2025>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 35246, Feb. 7, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on February 21, 2025.
ADDENDA <Presidential Decree No. 35728, Sep. 2, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to usage fees and lease fees)
The amended provisions of Articles 14 (1) and Article 31 (1) shall apply also to permissions for use granted or renewed and to lease contracts concluded or renewed before the enforcement of this Decree.