Article 1(Purpose) #
The purpose of this Act is to contribute to the stability of national housing and the promotion of welfare by providing for the special cases of the acquisition, development, supply, management, etc. of housing sites necessary for housing construction in order to quickly solve the housing shortage problem in urban areas.
[This Article Wholly Amended on May 30, 2011]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013; Jan. 19, 2016>
1. The term "housing site" means land for housing construction and land for public facilities developed and supplied pursuant to this Act;
2. The term "land for public facilities" means land for the installation of infrastructure prescribed in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act and of facilities prescribed by Presidential Decree;
3. The term "housing site development zone" means an urban area or its outskirt under the National Land Planning and Utilization Act which is designated and announced, pursuant to Article 3, by the Minister of Land, Infrastructure and Transport, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "designation authority") in order to run a housing site development project;
4. The term "housing site development project" means a project to develop housing sites available for housing construction and residence through utilizing land collectively;
5. The term "arterial facilities" means facilities set forth in subparagraph 17 of Article 2 of the Housing Act.
[This Article Wholly Amended on May 30, 2011]
Article 3(Designation of housing site development zones) #
(1) A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") may designate an area necessary for collectively developing housing sites as a housing site development zone (including cases where a housing site development zone so designated is modified; hereinafter the same shall apply), as prescribed in the housing and housing site demand-supply and management section of the comprehensive residence plan under Article 5 of the Framework Act on Residence (hereinafter referred to as "housing site demand-supply plan"). In such cases, if an area deemed in need of a housing site development project spans two or more Special Metropolitan Cities, Metropolitan Cities, Dos, or Special Self-Governing Provinces (hereinafter referred to as "Cities/Dos"), the designation authority shall be determined through consultation between the relevant Mayors/Do Governors. <Amended on Jun. 22, 2015>
(2) In cases of paragraph (1), if a Mayor/Do Governor (excluding the Special Self-Governing Province Governor) intends to designate a housing site development zone in excess of the planned quantity of the relevant City/Do referred to in the housing site demand-supply plan, he or she shall consult in advance with the Minister of Land, Infrastructure and Transport, and if the area of a housing site development zone slated for designation is not smaller than the area prescribed by Presidential Decree, he or she shall obtain approval from the Minister of Land, Infrastructure and Transport. In such cases, if the Minister of Land, Infrastructure and Transport intends to approve the designation of such housing site development zone, he or she shall do so after having the matter deliberated by the Housing Policy Deliberative Committee under Article 8 of the Framework Act on Residence. <Amended on Mar. 23, 2013; Jun. 22, 2015>
(3) Notwithstanding paragraph (1), the Minister of Land, Infrastructure and Transport may designate an area necessary for collectively developing housing sites as a housing site development zone in the following cases; provided, the same shall not apply to a Special Self-Governing Province: <Amended on Mar. 23, 2013>
1. Where the State needs to carry out a housing site development project;
2. Where the head of a relevant central administration agency requests such designation;
3. Where the Korea Land and Housing Corporation under Article 7(1)2 proposes the designation of a housing site development zone not smaller than the size determined by Presidential Decree for the supply of housing sites required under a housing site demand-supply plan;
Article 3-2(Proposals for designation of housing site development zones) #
(1) A person who falls under any of Article 7(1)1 through 4 may propose that the designation authority designate a housing site development zone.
(2) Procedures and documents required to propose the designation of housing site development zones, and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 30, 2011]
Article 3-3(Hearing opinions of residents) #
(1) Where the designation authority intends to designate a housing site development zone under Article 3, he or she shall give a public notice thereof and hear opinions of residents, related experts, etc., as prescribed by Presidential Decree; provided, this shall not apply where it includes any information to be kept confidential for national defense or it is intended to modify any minor matters prescribed by Presidential Decree.
(2) Matters necessary for hearing opinions of residents and related experts under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 30, 2011]
Article 4(Basic examination of housing site development zones) #
(1) Where the designation authority intends to designate a housing site development zone pursuant to Article 3, he or she shall examine in advance the land to be designated as the housing site development zone, buildings attached thereto, and other matters necessary for the designation of the housing site development zone.
(2) In the case of paragraph (1), if the designation authority deems it necessary, he or she may order the head of a Si/Gun, the head of an autonomous Gu (excluding where the designation authority is the Special Self-Governing Province Governor), or a housing site development project operator under Article 7 to conduct such examination.
(3) Where a person falling under any of Article 7(1)1 through 4 intends to propose the designation of a housing site development zone under Article 3-2, he or she may conduct an examination under paragraph (1).
[This Article Wholly Amended on May 30, 2011]
Article 5 #
Deleted. <Dec. 31, 1982>
Article 6(Restrictions on activities) #
(1) A person who intends to perform an activity prescribed by Presidential Decree such as the construction of a building, installation of a structure, alteration to the form and quality of land, gathering of soil and stones, partition of land, piling-up of goods, etc. within an area for which a public notice is given to hear opinions of residents, etc. on the designation of a housing site development zone pursuant to Article 3-3 or within a housing site development zone shall obtain permission from the Special Self-Governing Province Governor, the head of a Si/Gun, or the head of an autonomous Gu. The same shall also apply where he or she intends to modify any of the permitted matters.
(2) Notwithstanding paragraph (1), the following activities may be performed without permission:
1. An activity to be performed for emergency measures necessary for disaster recovery or putting disasters under control;
2. Other activities prescribed by Presidential Decree.
(3) In regard to an activity subject to permission pursuant to paragraph (1), for which permission has already been obtained or is not required under the related statutes at the time the relevant housing site development zone is designated and publicly announced, the person who has already commenced the relevant construction work or project may continue to perform it after reporting such fact to the Governor of the relevant Special Self-Governing Province, the head of the relevant Si/Gun, or the head of the relevant autonomous Gu, as prescribed by Presidential Decree.
(4) The Special Self-Governing Province Governor, the head of a Si/Gun, or the head of an autonomous Gu may order a person who violates paragraph (1) to restore the land to its original state before the violation is committed. In such cases, if the person so ordered fails to perform such obligation, the Governor of the relevant Special Self-Governing Province, the head of the relevant Si/Gun, or the head of the relevant autonomous Gu may implement it by proxy pursuant to the Administrative Vicarious Execution Act.
(5) Except as otherwise provided in this Act, Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to permission pursuant to paragraph (1).
(6) If permission referred to in paragraph (1) is obtained, it shall be deemed that permission referred to in Article 56 of the National Land Planning and Utilization Act is obtained.
[This Article Wholly Amended on May 30, 2011]
Article 7(Operators of housing site development projects) #
(1) A housing site development project shall be carried out by a person designated by the designation authority (hereinafter referred to as "project operator") from among the following persons: <Amended on Jan. 14, 2014; Jan. 19, 2016>
1. The State and a local government;
2. The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act (hereinafter referred to as the "Korea Land and Housing Corporation");
3. A local government-invested public corporation under the Local Public Enterprises Act;
4. A project operator registered under Article 4 of the Housing Act (hereinafter referred to as "operator of a housing construction project, etc.") who owns, or enters into a contract for transfer of ownership of, land the area of which is not less than a rate prescribed by Presidential Decree among the area of land in a housing site development zone to be designated and who carries out a development project in association with a person falling under any of the subparagraphs 1 through 3 (hereinafter referred to as "public project operator") pursuant to requirements and procedures prescribed by Presidential Decree such as securing the public interest to solve the housing shortage problem in urban areas. In such cases, the rate shall be prescribed by Presidential Decree according to the following classification:
a. Where a public project operator requests that operators of a housing construction project, etc. jointly implement a development project to meet any urgent need such as construction of public housing: at least 20/100 and less than 50/100;
b. Where the operator of a housing construction project, etc. requests that public project operators jointly implement a development project to make it easier to acquire land or obtain approval for a project plan: at least 50/100 and less than 70/100;
5. The operator of a housing construction project, etc. who jointly implements a development project based on an agreement made with a public project operator, or a legal entity established by a public project operator and the operator of a housing construction project, etc. through joint investments (hereinafter referred to as "jointly-invested corporation"). In such cases, the ratio of investment share held by the operator of the housing construction project, etc. shall be less than 50/100; and the methods by which public project operators select the operators of housing construction projects, etc., the details of agreements, the profit rates of the operators of housing construction projects, etc. shall be prescribed by Presidential Decree.
Article 8(Formulation of housing site development plans) #
(1) Where the designation authority intends to designate a housing site development zone, he or she shall formulate a housing site development plan (hereinafter referred to as "development plan") including the following:
1. Summary of the development plan;
2. Period for development;
3. Plan for utilization of land and plan for installation of major infrastructures;
4. Location, lot number, category, area, details of ownership and rights other than ownership, and names and addresses of the holders of ownership and rights other than ownership, of the land, etc. to be expropriated;
5. Other matters prescribed by Presidential Decree.
(2) Procedures for formulating development plans pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 30, 2011]
Article 9(Preparation and approval of implementation plans for housing site development projects) #
(1) A project operator shall prepare an implementation plan for the housing site development project (hereinafter referred to as "implementation plan") as prescribed by Presidential Decree, and a project operator who is not the designation authority shall obtain approval of his or her implementation plan from the relevant designation authority. The same shall also apply where he or she intends to modify (excluding the modification of any minor matters prescribed by Presidential Decree) the approved implementation plan.
(2) An implementation plan shall include a district-unit plan prepared in accordance with Article 52 of the National Land Planning and Utilization Act and a plan for supply of housing sites. <Amended on Apr. 14, 2011>
(3) Where the designation authority has prepared or approved an implementation plan, he or she shall provide public notice thereof and notify the relevant project operator and the head of the competent Si/Gun/autonomous Gu (limited to the relevant project operator if the designation authority is a Special Self-Governing Province Governor) of such fact. <Amended on Jun. 9, 2020>
(4) Where the designation authority has prepared or approved an implementation plan requiring the expropriation of land, etc. referred to in Article 12(1), he or she shall publish in the Official Gazette the name of the project operator, the kind of project, and the details of the land, etc. to be expropriated and notify the owner of the land, etc. and the holders of other rights thereto of this fact; provided, this shall not apply where the project operator has consulted in advance with the owner of the land, etc. and the holders of other rights thereto until he or she prepares or applies for approval of the implementation plan.
(5) In carrying out a housing site development project, if there is a special reason prescribed by Presidential Decree, the project operator may implement an urban development project under the Urban Development Act.
[This Article Wholly Amended on May 30, 2011]
Article 10(Access to land) #
(1) Where a project operator intends to designate a housing site development zone or to conduct an inspection or survey to prepare a development plan or implementation plan or otherwise it is necessary to implement his or her project, he or she may perform the following:
1. Entering land that another person occupies;
2. Using another person's land temporarily as a materials yard or temporary road;
3. Modifying or removing bamboo, wood, earth, stones, or other obstacles.
(2) Where a person proposing the designation of a housing site development zone under Article 3-2 intends to conduct an inspection or survey to propose the designation of the housing site development zone or otherwise it is necessary to implement his or her project, he or she may perform the activity referred to in paragraph (1)1.
(3) Articles 130(2) through (9), 131, and 144(1)2 and 3 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the cases referred to in paragraph (1). In such cases, an "implementer of urban planning facility project who is an administrative agency" shall be deemed a "project operator" under this Act.
[This Article Wholly Amended on May 30, 2011]
Article 11(Relationship to other statutes) #
(1) Where a project operator has prepared or obtained approval of an implementation plan, it shall be deemed that he or she has obtained a determination, authorization, permission, consultation, consent, license, approval, disposition, cancellation, order or designation (hereinafter referred to as "authorization, permission, etc.") under each of the following subparagraphs, and where the designation authority has announced the preparation or approval of an implementation plan, it shall be deemed that the announcement or public notice of authorization, permission, etc. under the relevant statutes has been made or given: <Amended on Apr. 14, 2011; Jan. 14, 2014; Jan. 19, 2016; Nov. 26, 2019; Dec. 27, 2022>
1. Determination of an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act, permission for development activities under Article 56 of the same Act, designation of the implementer of an urban/Gun planning facility project under Article 86 of the same Act, and authorization for an implementation plan under Article 88 of the same Act;
2. Authorization for an implementation plan under Article 17 of the Urban Development Act;
3. Approval for a project plan under Article 15 of the Housing Act;
4. Authorization for a general waterworks business and industrial waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act, and authorization for the installation of private-use waterworks under Articles 52 and 54 of the same Act;
5. Permission for the execution of construction work for a public sewerage system under Article 16 of the Sewerage Act;
6. Permission for occupancy or use of public waters under Article 8 of the Public Waters Management and Reclamation Act, a license for reclamation of public waters under Article 28 of the same Act, consultation about or approval for reclamation executed by the State, etc. under Article 35 of the same Act, and authorization for an implementation plan for reclamation of public waters under Article 38 of the same Act;
7. Permission for execution of river works and authorization for a river works execution plan under Article 30 of the River Act, permission for occupancy or use of a river under Article 33 of the same Act, and permission for use of river water under Article 50 of the same Act;
8. Permission for implementation of road works under Article 36 of the Road Act, and permission for occupation or use of a road under Article 61 of the same Act;
Article 12(Land expropriation) #
(1) Where it is necessary to carry out a housing site development project for a housing site development zone, the project operator (referring to a public project operator and a jointly-invested corporation if the project is jointly implemented pursuant to Article 7(1)4 and 5) may expropriate or use (hereinafter referred to as "expropriation") any land, goods or right under Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects (hereinafter referred to as "land, etc.").
(2) Where the designation and announcement of a housing site development zone under Article 3 have been made, the project approval and public announcement thereof under Articles 20(1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall be deemed to have been obtained or made, and an application for adjudication shall be made within the period of project implementation fixed in the relevant implementation plan, notwithstanding the provisions of Articles 23(1) and 28(1) of the same Act.
(3) The competent Land Tribunal to adjudicate the expropriation of land, etc. under paragraph (1) shall be the Central Land Tribunal.
(4) With respect to the expropriation of land, etc. under paragraph (1), the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis, except as otherwise provided in this Act.
(5) Where a public project operator has expropriated land, etc. under joint project implementation pursuant to Article 7(1)4, such public project operator shall develop into a housing site, land of at least 30/100 to less than 80/100 of the total area of land in the housing site development zone including the portion of land equivalent to expropriated area, specific minimum rate of which shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 30, 2011]
Article 12-2(Retention of buildings) #
(1) Where it is recognized that existing buildings or other facilities in a housing site development zone will not hinder the relevant housing site development project even if they are not relocated or removed, while satisfying the requirements prescribed by Presidential Decree, the project operator may retain such buildings or other facilities as they are.
(2) A project operator may have owners of facilities retained pursuant to paragraph (1) bear some of costs incurred for installation, etc. of roads, parks, water supply and drainage facilities, and other public facilities prescribed by Presidential Decree.
(3) Matters necessary for criteria, methods, etc. for cost-bearing under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 30, 2011]
Article 13(Redemptive rights) #
(1) Where the whole or part of any expropriated land, etc. has become unnecessary due to the cancellation or modification of the designation of a housing site development zone, the revocation or modification of approval for the implementation plan, or other causes, the owner of the land, etc. or his or her general successor at the time of such expropriation (hereinafter referred to as "redemptive right holder") may pay the project operator the amount of the indemnity received at the time of the expropriation of the land, etc., including a sum of money prescribed by Presidential Decree, to redeem it within one year from the date on which it has become unnecessary.
(2) A redemptive right holder may defend against any third party by means of the redemption.
(3) With respect to the extinguishment of redemptive right holders' rights, Article 92 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis.
[This Article Wholly Amended on May 30, 2011]
Article 14(Installation of arterial facilities) #
With respect to the installation of arterial facilities, Article 28 of the Housing Act shall apply mutatis mutandis. <Amended on Jan. 19, 2016>
[This Article Wholly Amended on May 30, 2011]
Article 15 #
Deleted. <Dec. 28, 1999>
Article 16(Inspection on completion) #
(1) Where a project operator has completed his or her housing site development project, he or she shall subject it to an inspection of completion by a competent designation authority without delay, as prescribed by Presidential Decree.
(2) Where a project operator has had the inspection of completion conducted in accordance with paragraph (1), such inspection shall be deemed an inspection of completion or authorization of completion for the relevant project effected by authorization, permission, etc.
(3) A Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun shall administer a completed housing site development project zone in accordance with the district-unit plan included in the implementation plan already announced under Article 9(3). <Amended on Apr. 14, 2011>
[This Article Wholly Amended on May 30, 2011]
Article 17(Consignment of land purchase affairs) #
(1) A project operator who is not a local government may consign affairs regarding purchase of land for housing site development project and compensation for loss to a competent Mayor/Do Governor or head of Si/Gun, as prescribed by Presidential Decree.
(2) Where a project operator consigns land purchase and compensation for loss under paragraph (1), he or she shall pay a consignment fee the rate of which shall be prescribed by Presidential Decree within 3/100 of the amount of the land purchase and compensation.
[This Article Wholly Amended on May 30, 2011]
Article 18(Supply of housing sites) #
(1) A person who intends to supply a housing site shall do so as prescribed by the relevant implementation plan.
(2) The uses of housing sites supplied under paragraph (1), procedures and methods for supply, persons eligible to receive supply, and other matters concerning the terms and conditions of supply shall be prescribed by Presidential Decree.
(3) When a project operator supplies a housing site to be used as a construction site for national housing funded by the Housing and Urban Fund pursuant to the Housing and Urban Fund Act among national housing defined in subparagraph 5 of Article 2 of the Housing Act, he or she may supply it below the development cost of the housing site. <Amended on Jan. 19, 2016>
[This Article Wholly Amended on May 30, 2011]
Article 18-2(Publication of development costs of housing sites) #
(1) A person who intends to supply a housing site under Article 18 shall publish the development cost of the housing site under the criteria provided by Decree of the Ministry of Land, Infrastructure and Transport. In such cases, the development cost of the housing site shall consist of the following items: <Amended on Mar. 23, 2013>
1. Site cost;
2. Development cost;
3. Direct labor cost;
4. Relocation countermeasure cost;
5. Sales cost;
6. General management cost;
7. Other costs provided by Decree of the Ministry of Land, Infrastructure and Transport.
(2) Methods for calculating the development costs of housing sites under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 30, 2011]
Article 19(Uses of housing sites) #
A person who is supplied with a housing site (excluding the State, local governments, and the Korea Land and Housing Corporation) or any other person who acquires the housing site from him or her shall construct housing, etc. according to the purpose of use referred to in the relevant implementation plan.
[This Article Wholly Amended on May 30, 2011]
Article 19-2(Restrictions on resale of housing sites) #
(1) A person who enters into a contract for supply of a housing site developed under this Act (hereinafter referred to as "person supplied with a site") shall not resell (including transfer of the title, sale, or all other acts accompanied by alteration of the right, but excluding inheritance; hereinafter the same shall apply) the housing site as it is, without using it for the purpose of supply, until registration of ownership transfer has been made, and no person shall take over such site through resale; provided, the main clause may not apply to cases prescribed by Presidential Decree, such as where housing construction sites are supplied for relocation purposes.
(2) A person selected as one to be supplied with a developed housing site (hereinafter referred to as "person to be supplied with a site") shall not resell his or her right, qualification, status, etc. to be supplied with the relevant housing site, and no person shall take over such site through resale.
(3) If a person supplied with a site resells it in violation of paragraph (1), the relevant juristic act shall be nullified, and the relevant housing site development project operator (referring to the original supplier of the housing site) shall revoke the contract for supply of the housing site already concluded. In such cases, the housing site development project operator shall, without delay, pay the amount remaining after subtracting the contract deposits specified in the relevant contract, plus any interest accrued thereon (referring to interest calculated based on the average interest rates for a one-year time deposit offered by banks under the Banking Act).
(4) Where a person to be supplied with a site resells his or her right, qualification, status, etc. to be supplied with a site, in violation of paragraph (2), the relevant juristic act and the right, qualification, status, etc. to be supplied with a site shall be nullified.
[This Article Wholly Amended on Jan. 5, 2021]
Article 20(Advances) #
(1) A project operator may receive in advance all or some of the purchase price of a housing site from a person who will be supplied with the housing site.
(2) A project operator may issue bonds that shall be redeemed for a housing site (hereinafter referred to as "land redemption bonds") to a person who will be supplied with the housing site.
(3) The procedures, methods, conditions, etc. of issuance of land redemption bonds shall be as provided in the State Bond Act, the Local Finance Act, the Korea Land and Housing Corporation Act, and other Acts.
(4) A project operator who intends to receive an advance or issue a land redemption bond pursuant to paragraph (1) or (2) (excluding cases where the designation authority is a project operator) shall obtain approval from the relevant designation authority.
[This Article Wholly Amended on May 30, 2011]
Article 21(Inspection and service of documents) #
(1) If necessary to carry out a housing site development project, the project operator may request that the head of a registry office or other relevant administrative agency allow the inspection or copy of necessary documents or issue a transcript or extract thereof without cost.
(2) If it is impossible to serve a document due to unavoidable circumstances such as unclear address or residence of the person concerned, the project operator may make public announcement in lieu of service thereof, as prescribed by Presidential Decree.
[This Article Wholly Amended on May 30, 2011]
Article 22(Request for provision of data) #
(1) A project operator may request that the head of the relevant administrative agency or other relevant persons provide data that he or she deems necessary to carry out the housing site development project.
(2) A person who has received a request to provide data pursuant to paragraph (1) shall comply with the request unless there is a justifiable reason not to do so.
[This Article Wholly Amended on May 30, 2011]
Article 22-2(Establishment and operation of housing site information system) #
(1) The Minister of Land, Infrastructure and Transport may establish and operate a housing site information system to efficiently support housing site development projects and systematically manage information on housing sites. <Amended on Mar. 23, 2013>
(2) Where a public site development project is implemented under subparagraph 24 of Article 2 of the Housing Act, the Minister of Land, Infrastructure and Transport may request that the head of the relevant central administrative agency, the competent Mayor/Do Governor or the relevant project operator provide data or information necessary for the establishment and operation of a housing site information system. In such cases, the head of the agency receiving such request shall comply unless a specific reason exists not to do so. <Amended on Mar. 23, 2013; Jan. 19, 2016>
(3) The Minister of Land, Infrastructure and Transport may entrust the work of establishing and operating a housing site information system under paragraph (1) to a legal entity, organization or institution prescribed by Presidential Decree. In such cases, he or she may reimburse all or some of the expenses required to perform the work entrusted. <Amended on Mar. 23, 2013>
(4) Matters necessary for the establishment and operation of a housing site information system shall be prescribed by Presidential Decree.
[This Article Added on May 30, 2011]
Article 23(Supervision) #
(1) The designation authority may revoke the designation or approval under this Act or order the suspension of construction work or the rebuilding, removal, etc. of artificial structures if a project operator falls under any of the following cases:
1. Where the project operator has violated an order or disposition under Article 8, 9, 18 or 20 or this Article;
2. Where the project operator has obtained the designation or approval under this Act by fraud or other wrongful means;
3. Where it is unnecessary to implement the housing site development project, or it is deemed impossible to continue such implementation;
4. Where the project operator has failed to commence or complete the construction work within the project implementation period fixed in the implementation plan.
(2) If the designation authority has made the disposition, etc. under paragraph (1), he or she shall make an announcement thereof as prescribed by Presidential Decree.
[This Article Wholly Amended on May 30, 2011]
Article 23-2(Hearings) #
Where the designation authority intends to revoke designation or approval referred to in this Act pursuant to Article 23(1), he or she shall hold a hearing.
[This Article Wholly Amended on May 30, 2011]
Article 24(Reports or investigations) #
(1) The designation authority may require a project operator (excluding cases where the designation authority is the project operator) to submit materials or reports regarding the housing site development project, if it is prescribed by Presidential Decree.
(2) Where it is deemed impracticable to accomplish the purpose of investigation just by means of examining materials or reports submitted under paragraph (1), the designation authority may have the relevant public officials enter related business sites, etc. to conduct a further investigation.
(3) In conducting an investigation under paragraph (2), an investigation plan including the date and details of investigation and reasons for investigation shall be communicated to the project operator by not later than seven days prior to the investigation; provided, the same shall not apply in case of emergency or where it is deemed that advance notice would lead to the destruction of evidence or otherwise make it impossible to attain the purpose of the investigation.
(4) A public official who inspects affairs relating to a housing site development project pursuant to paragraph (2) shall show his or her certificate of authority to related persons, at the time of his or her visit, with the delivery of a document indicating his or her name and the time and purpose of his or her visit.
(5) Matters necessary for the certificate under paragraph (4) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 30, 2011]
Article 25(Reversion of public facilities) #
(1) Where a project operator has installed public facilities (excluding facilities prescribed by Presidential Decree such as parking lots and playgrounds; hereafter in this Article the same shall apply) newly or in lieu of existing public facilities in the course of implementing the housing site development project, the reversion thereof shall be governed by applying mutatis mutandis Articles 65 and 99 of the National Land Planning and Utilization Act. In such cases, "administrative agency" in Article 65(1) and (5) of the same Act shall be deemed "project operator" under this Act.
(2) In registering public facilities and property under paragraph (1), the relevant implementation plan or its written approval and the written inspection on completion of the implementation plan may be substituted for a deed of grounds for registration required under the Registration of Real Estate Act.
(3) In applying mutatis mutandis the National Land Planning and Utilization Act in accordance with paragraph (1), with respect to roads, ditches, etc. among assets the management office of which is unclear, the Minister of Land, Infrastructure and Transport shall be deemed the management office for roads, ditches, etc.; the Minister of Climate, Energy and Environment shall be deemed the management office for rivers; and the Minister of Finance and Economy shall be deemed the management office for other properties. <Amended on Dec. 31, 2020; Oct. 1, 2025>
[This Article Wholly Amended on May 30, 2011]
Article 26(Restrictions on disposal of national and public lands) #
(1) Land necessary for a housing site development project, which is located in a housing site development zone and owned by the State or a local government, may not be disposed of for any purpose other than the housing site development project.
(2) Property owned by the State or a local government in a housing site development zone may be transferred to the relevant project operator by means of a private contract, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act. In such cases, the abolition of use and transfer of the property shall be determined by the Minister of Land, Infrastructure and Transport after consulting with the head of the relevant administrative agency. <Amended on Mar. 23, 2013>
(3) The head of the relevant administrative agency who receives a request for consultation pursuant to the latter part of paragraph (2) shall take necessary measures, such as the abolition of use and transfer, within 60 days of receipt of such request.
(4) If a relevant management office cannot be identified for any property to be transferred to a project operator in accordance with paragraph (2), the Minister of Finance and Economy shall administer or dispose of it, notwithstanding the provisions of other statutes or regulations. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on May 30, 2011]
Article 27(Administrative appeals) #
Where there is an objection against any disposition made by a project operator pursuant to the provisions of this Act, an administrative appeal may be instituted against the designation authority within one month from the date on which it is known that the disposition is made or within three months from the date on which the disposition is made.
[This Article Wholly Amended on May 30, 2011]
Article 28(Financial support) #
The State or a local government may provide a project operator with a subsidy or loan to meet all or some of the funds required.
[This Article Wholly Amended on May 30, 2011]
Article 29 #
Deleted. <Jan. 25, 1999>
Article 30(Delegation and entrustment of authority) #
(1) The designation authority may delegate part of his or her authority vested under this Act to Mayors/Do Governors or the Administrators of Regional Construction Management Administrations under the Ministry of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(2) The designation authority may entrust project operators with the following authority among his or her authority under this Act, as prescribed by Presidential Decree:
1. Authority to notify the owner of land, etc. and the holders of other rights thereto of the name of project operator, the kind of project, and the details of land, etc. to be expropriated under the main clause of Article 9(4);
2. Authority to notify the owner of land and other related persons of the project approval under Article 20(1) of the Act on Acquisition of and Compensation for Land for Public Works Projects, as it is deemed to have been obtained pursuant to Article 12(2);
3. Authority to inspect the completion under Article 16(1) (limited to cases where the project operator is a public project operator).
[This Article Wholly Amended on May 30, 2011]
Article 30-2(Applying mutatis mutandis to projects that are performed outside housing site development zones) #
Where it is necessary for implementation of a project directly related to a housing site development project, such as installation of infrastructure provided for the use of the housing site development zone in the vicinity of the housing site development zone, Articles 3, 3-2, 3-3, 4, 6 through 12, 12-2, 13, 14, 16, 17, 21, 22, 23, 23-2, 24 through 28, and 30 shall apply mutatis mutandis to the relevant project. <Amended on May 30, 2011>
[This Article Added on Dec. 29, 2009]
[Title Amended on May 30, 2011]
Article 31 #
Deleted. <Apr. 1, 2009>
Article 31-2(Penalty provisions) #
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 100 million won:
1. A person who resells a site, or his or her right, qualification, status, etc. to be supplied with a site, in violation of Article 19-2(1) or (2);
2. A person who takes over his or her right, qualification, status, etc. to be supplied with a site, in violation of Article 19-2(1) or (2) through resale, knowing that the resale is prohibited.
[This Article Wholly Amended on Jan. 5, 2021]
Article 32(Penalty provisions) #
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
1. A person who performs an activity referred to in Article 6(1) without permission or permission for modification referred to in the same paragraph;
2. A person who violates a disposition or order issued by administrative agencies referred to in Article 23(1).
[This Article Wholly Amended on Jan. 20, 2015]
Article 33 #
Deleted. <Jan. 20, 2015>
Article 34(Joint penalty provisions) #
If the representative of a corporation or an agent or an employee of, or any other person employed by, a corporation or an individual commits an offense under Article 31-2 or 32 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions; provided, the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such offense. <Amended on Jan. 20, 2015>
[This Article Wholly Amended on Apr. 1, 2009]
Article 35(Administrative fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding ten million won:
1. A person who obstructs access, etc. to land under Article 10(1) or (2);
2. A person who submits any false material or report in violation of Article 24(1), or a person who refuses, evades or obstructs an investigation under paragraph (2) of the same Article.
(2) Administrative fines under paragraph (1) shall, as prescribed by Presidential Decree, be imposed and collected by the Minister of Land, Infrastructure and Transport where the holder of the authority to designate a housing site development zone is the Minister of Land, Infrastructure and Transport, or by a Mayor/Do Governor where the holder of such authority is the Mayor/Do Governor. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 30, 2011]