The purpose of this Act is to promote the utilization of abolished school property for sound purposes, such as educational facilities, social welfare facilities, facilities for increasing income, etc., thereby expanding lifelong education and welfare opportunities and contributing to the development of local communities through the increase of income.
[This Article Wholly Amended on Jun. 7, 2011]
The terms used in this Act are defined as follows: <Amended on Aug. 20, 2019>
| 2. | The term "abolished school property" means public property among facilities and other property used directly or indirectly for educational activities of the relevant school before the school is abolished; |
| 3. | The term "educational facilities" means facilities provided for the purpose of nature learning facilities, youth training facilities, libraries, museums, camps, etc. with the main purpose of learning for infants, young children, students, residents, etc.; |
| 8. | The term "facilities supporting return to farming and fishing and return to rural communities" means facilities prescribed by Presidential Decree, which are provided for the purpose of projects under Article 10 (4) 1 or 2 of the Act on the Promotion of and Support for Return to Agricultural and Fishing Villages and Rural Communities. |
[This Article Wholly Amended on Jun. 7, 2011]
| Article 3 (Relationship to Other Statutes) |
This Act shall take precedence over other statutes providing for abolished school property.
[This Article Wholly Amended on Jun. 7, 2011]
| Article 4 (Utilization Plans for Abolished School Property) |
| (1) | The superintendents of education of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos, and Special Self-Governing Province (hereinafter referred to as "City/Do") shall formulate a plan for the utilization of abolished school property, including the following matters, in order to facilitate the efficient utilization of abolished school property: <Amended on Aug. 20, 2019> |
| 1. | Fact-finding surveys on abolished school property; |
| 2. | The management plan for maintaining and repairing abolished school property; |
| 3. | The plan for utilization of abolished school property, such as lending and sale; |
| 4. | Other matters concerning promoting utilization of abolished school property. |
| (2) | The superintendent of education of a City/Do shall, when formulating a plan for the utilization of abolished school property under paragraph (1), hear the opinions of the relevant local governments. |
[This Article Wholly Amended on Jun. 7, 2011]
| Article 5 (Special Cases concerning Loans) |
| (1) | The superintendent of education of a City/Do may lend or sell the abolished school property to a person who intends to use it as an educational facility, social welfare facility, cultural facility, public sports facility, public support facility for returning to agriculture and fishing and returning to rural communities, or any of the following persons who intends to use it as a facility for increasing income, under a negotiated contract (referring to a private account under a contract of action) with a specified purpose of use and the period of use of the abolished school property: <Amended on Aug. 20, 2019> |
| 1. | Residents prescribed by Presidential Decree; |
| (2) | Where an abolished school property is leased pursuant to paragraph (1), matters necessary for the lease rate, lease period, price appraisal, etc., and matters necessary for procedures, etc. for sale, if such property is sold, shall be prescribed by Presidential Decree. |
| (3) | In any of the following cases, the superintendent of education of a City/Do may reduce user fees and lend such fees, as prescribed by Presidential Decree: <Amended on Mar. 21, 2012; Aug. 20, 2019> |
| 1. | Where the State or a local government intends to use abolished school property as educational facilities, social welfare facilities, cultural facilities, public sports facilities, facilities for increasing income, facilities for supporting return to farming or fishing and return to rural communities, or facilities for supporting return to farming or fishing and return to rural communities; |
| 2. | Where an organization or a civilian intends to use abolished school property as educational facilities, social welfare facilities, cultural facilities, public sports facilities, or support facilities for returning to farming or fishing and returning to rural communities; |
| 3. | Where local residents prescribed by Presidential Decree intend to jointly use the abolished school property as a facility for increasing income; |
| (4) | In any of the following cases, the superintendent of education of a City/Do shall gratuitously lease such property: <Amended on Mar. 21, 2012> |
| 1. | Where a person who has fully donated abolished school property (including his or her heir and other general successors) or a person who owns part of such property intends to use it; |
| 2. | Where at least 50/100 of local residents prescribed by Presidential Decree, whose abolished school property is located, intend to jointly use the abolished school property as a facility for increasing income and a facility for common use. |
| (5) | In any of the following cases, the superintendent of education of a City/Do may gratuitously lease abolished school property to the superintendent of education: <Amended on Aug. 20, 2019> |
| 1. | Where any of the following persons intends to use the abolished school property, although there is no person who intends to borrow or purchase it at least three times while the abolished school property has not been utilized for at least five years but has been publicly announced to be leased or sold: |
| (a) | The State or local governments; |
| 2. | Where the head of a local government having jurisdiction over an area where the relevant abolished school is located intends to use the abolished school property as a support facility for returning to farming or fishing and returning to rural communities after prior consultation with the superintendent of education of a City/Do. |
[This Article Wholly Amended on Jun. 7, 2011]
| Article 6 (Construction of Permanent Facilities) |
| (1) | The superintendent of education of a City/Do may, if necessary for the efficient utilization of abolished school property, have any permanent facilities be constructed on the abolished school property leased on condition of donation or voluntary demolition. |
| (2) | The superintendent of education of a City/Do may gratuitously lease a permanent facility to a person who has built such facility on condition of donation, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 7, 2011]
| Article 7 (Corrective Orders) |
| (1) | Where a person who has purchased or borrowed abolished school property under this Act falls under any of the following subparagraphs, the superintendent of education of a City/Do may order him or her to take corrective measures within a reasonable period of time: |
| 1. | Where abolished school property is sold by designating the purpose of use, where the purchaser fails to use the abolished school property for its original purpose even after the expiration of the designated date, or where the purchaser discontinues its original purpose within the designated period after providing the abolished school property for its original purpose; |
| 2. | Where he or she neglects the management of the abolished school property he or she has borrowed or uses it in violation of the purpose of lease. |
| (2) | Where a person subject to a corrective order under paragraph (1) fails to comply with such order, the superintendent of education of a City/Do may cancel or terminate the lease or sale contract. |
[This Article Wholly Amended on Jun. 7, 2011]
| Article 8 (Public Property Deliberative Council) |
[This Article Wholly Amended on Jun. 7, 2011]
| Article 9 (Special Cases concerning State Property) |
| (1) | The superintendent of education of a City/Do may lend a person who intends to use State property (limited to cases designated pursuant to Article 40 (2) 4 of the State Property Act) in an abolished school as an educational facility, social welfare facility, cultural facility, public sports facility, public sports facility, facility for increasing income, facility for supporting return to farming and fishing and returning to rural communities, or facility for supporting return to farming and fishing and returning to rural communities with a lease period of up to 10 years, and may allow him or her to construct a permanent structure on the abolished school on condition of donation or voluntary removal after the expiration of the lease period. <Amended on Aug. 20, 2019> |
| (2) | The loan period referred to in paragraph (1) may be renewed. In such cases, the renewed period shall not exceed the period prescribed in paragraph (1) for each renewal. |
[This Article Wholly Amended on Jun. 7, 2011]
| Article 10 (Special Cases concerning Change of Purpose of Use) |
Notwithstanding the standards for permission under Article 7 (6) of the Water Supply and Waterworks Installation Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of a Gun in a Metropolitan City) may permit a person who has borrowed an abolished school property in a water supply protection area under Article 7 (1) of the Water Supply and Waterworks Installation Act to use it as an educational facility, social welfare facility, or support facility for return to farming or fishing and returning to rural communities, to change the use of such property in cases prescribed by Presidential Decree. <Amended on Aug. 20, 2019; Nov. 26, 2019> [This Article Wholly Amended on Jun. 7, 2011]
| Article 11 (Special Cases concerning Modification of Park Planning) |
| (1) | Where a person who intends to borrow abolished school property in a park area under the Natural Parks Act and utilize them as educational facilities, social welfare facilities, or support facilities for return to farming or fishing and return to rural communities (limited to reconstruction, repair, etc. except new construction or extension of buildings) applies for change of park planning, the park management agency may change the park planning without following the procedures for change of park planning under Article 15 of the Natural Parks Act. <Amended on Aug. 20, 2019> |
| (2) | Where a park management agency has altered a park planning pursuant to paragraph (1), it shall be deemed that permission to implement a park project under Article 20 of the Natural Parks Act has been granted in connection with the renovation, repair, etc. of buildings. |
[This Article Wholly Amended on Jun. 7, 2011]
| Article 12 (Payment of Subsidies) |
| (1) | The State and local governments may partially subsidize expenses incurred by a person who has borrowed or purchased abolished school property to utilize it as educational facilities, social welfare facilities, cultural facilities, public sports facilities, facilities for increasing income, facilities for supporting return to farming and fishing and return to rural communities, within budgetary limits. <Amended on Aug. 20, 2019> |
| (2) | The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may subsidize expenses incurred in maintaining, managing, and operating abolished school facilities to a person who uses or intends to use such abolished school facilities as facilities for increasing the welfare and income of residents in agricultural and fishing villages by borrowing such abolished school facilities, from the accounts for projects financed by the special rural development tax of the special accounts for the structural improvement of agricultural and fishing villages under the Act on the Special Account for Agriculture and Fisheries Structure Adjustment. <Amended on Mar. 23, 2013; Mar. 11, 2014> |
[This Article Wholly Amended on Jun. 7, 2011]
ADDENDA <Act No. 6005, Aug. 31, 1999>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (A Applicability) The provisions concerning the lease of abolished school property and State property in the abolished school site or the sale of abolished school property in this Act shall begin to apply from the first contract concluded after this Act enters into force. |
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Act No. 6743, Dec. 5, 2002>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8166, Jan. 3, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Plans for Utilization of Abolished School Property) A plan for the utilization of abolished school property formulated by the superintendent of education of a City/Do pursuant to the previous provisions as at the time this Act enters into force shall be deemed a plan for the utilization of abolished school property under this Act until a plan for the utilization of abolished school property under the amended provisions of Article 4 is formulated. |
| (3) | (Applicability) The amended provisions of Article 5 shall begin to apply from the first contract concluded after this Act enters into force. |
ADDENDA <Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement)
This Act shall enter into force on the date of its promulgation: Provided, That...(Omitted)...the amended provisions of Article 14 (34) and (35) shall enter into force on July 4, 2007...(Omitted.) Article 2 through 15 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8749, Dec. 21, 2007>
Article 1 (Enforcement)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement)
This Act shall enter into force on the date of its promulgation: Provided, That...(Omitted)...the amended parts among the statutes amended under Addenda 6 that were promulgated before the enforcement of this Act but their enforcement dates have yet to arrive shall enter into force on their respective enforcement dates of the relevant statute.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9620, Apr. 1, 2009>
Article 1 (Enforcement)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDUM <Act No. 10779, Jun. 7, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11385, Mar. 21, 2012>
Article 1 (Enforcement)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Loan Contracts for Abolished School Property)
Loan agreements for abolished school property concluded before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12412, Mar. 11, 2014>
Article 1 (Enforcement)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Act No. 16440, Aug. 20, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16607, Nov. 26, 2019>
Article 1 (Enforcement)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.