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SPECIAL ACT ON PRIVATE RENTAL HOUSING — 법갈피

영문법령 / SPECIAL ACT ON PRIVATE RENTAL HOUSING

SPECIAL ACT ON PRIVATE RENTAL HOUSING

법률타법개정시행 2025-10-01국토교통부 · 제21065호 · 공포 2025-10-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to promote the supply of private rental housing and to ensure housing stability for people, by prescribing matters necessary to construct, supply, and manage private rental housing and to foster private housing rental business entities.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jan. 19, 2016; Jan. 17, 2017; Jan. 16, 2018; Mar. 13, 2018; Aug. 18, 2020; Mar. 16, 2021; Dec. 3, 2024>

1. The term "private rental housing" means housing supplied for rent [including quasi-housing prescribed by Presidential Decree, such as an officetel and housing constructed on leasehold land (hereinafter referred to as "quasi-housing"), and housing, only part of which prescribed by Presidential Decree is rented; hereinafter the same shall apply] which is registered by a rental business entity under Article 5; and shall be classified into privately constructed rental housing and buy-to-rent private housing;

2. The term "privately constructed rental housing" means private rental housing that falls within either of the following two categories:

a. Housing constructed by a rental business entity for renting;

b. Housing rented out because it remains unsold by the time for inspection for use, of those houses constructed by a housing construction project operator registered under Article 4 of the Housing Act with approval of a project plan pursuant to Article 15 of that Act;

3. The term "buy-to-rent private housing" means private rental housing leased out by a rental business entity after acquisition of ownership thereof by purchase, etc.;

4. The term "publicly-funded private rental housing" means any of the following private rental housing that is acquired by a rental business entity for renting it for at least 10 years and is rented with restrictions on rents, eligibility of lessees, etc.:

a. Private rental housing constructed or bought with investment from the Housing and Urban Fund (hereinafter referred to as the "Housing and Urban Fund") under the Housing and Urban Fund Act;

b. Public housing site under subparagraph 24 of Article 2 of the Housing Act or land supplied by free contract or the like under Article 18(2) of this Act; private rental housing constructed after purchasing or renting previous real estate (hereinafter referred to as "previous real estate") under subparagraph 6 of Article 2 of the Special Act on the Construction and Development of Innovation Cities;

Article 5(Registration of rental business entities) #

(1) A person who intends to rent housing may apply for registration thereof with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (in cases of the head of a Gu, referring to the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu"); provided, a foreigner may apply for registration only when he or she stays in the Republic of Korea and holds the status of stay prescribed by Presidential Decree in consideration of the scope of activities by type of status of stay under Article 10 of the Immigration Control Act. <Amended on Mar. 28, 2023>

(2) Registration under paragraph (1) shall be classified as follows: <Amended on Jan. 16, 2018; Aug. 18, 2020; Dec. 3, 2024>

1. Deleted; <Jan. 16, 2018>

2. Privately constructed rental housing and buy-to-rent private housing;

3. Publicly-funded private rental housing, long-term private rental housing, and short-term private rental housing;

(3) Each person registered under paragraph (1) who intends to change any matter registered shall submit a report thereon to the head of a Si/Gun/Gu; provided, he or she need not report minor matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as expansion of the area of a rental house by an extent not exceeding 10 percent of the area. <Amended on Jun. 9, 2020>

(4) Upon receiving a report under paragraph (3), the head of a Si/Gun/Gu shall notify the reporting person of whether the report is accepted within seven days of receipt. <Added on Jun. 9, 2020>

(5) If the head of a Si/Gun/Gu fails to notify the person who has filed a report of whether the report is accepted within the period provided in paragraph (4) or of the extension of a processing period under statutes and regulations relating to the processing of civil petitions, the relevant report shall be deemed to have been filed on the day immediately following the end of the processing period (referring to the corresponding processing period if the processing period has been extended or re-extended under statutes and regulations relating to the processing of civil petitions). <Amended on Aug. 18, 2020>

(6) Matters necessary for the criteria, procedures, etc. for registration and reporting under paragraphs (1) through (5) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020>

(7) Upon receipt of the application for registration under paragraph (1), the head of a Si/Gun/Gu may reject the application in any of the following cases: <Added on Aug. 18, 2020; Mar. 28, 2023; Jun. 1, 2023>

1. Where it is deemed to be substantially impracticable to purchase a guarantee for rental security deposit under Article 49 when taking into account the credit rating of the applicant, the debt ratio of the rental housing covered by the application (where there is no rental agreement at the time of registration, the debt ratio shall be calculated by including the intended ceiling amount of rental security deposit under a rental agreement to be entered after registration, which shall be notified by the person filing for registration) and other factors;

2. Where it is deemed that the relevant housing is likely to be destroyed during the mandatory rental period referred to in Article 43 due to an improvement project defined in subparagraph 2 of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments or a small-scale housing improvement project defined in Article 2(1)3 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;

3. Cases prescribed by Presidential Decree where it is substantially impracticable to fulfill the obligation to return the security deposit to the lessee, taking into account the period, amount, etc. of the relevant applicant's delinquency in national taxes or local taxes.

Article 5-3(Report on recruitment of members of housing cooperative and open invitation) #

(1) Where a cooperative or social cooperative under the Framework Act on Cooperatives established for the purpose of supplying houses in such number, not less than 30 including the number of privately constructed rental houses supplied to members, as prescribed by Presidential Decree (hereinafter referred to as "private rental cooperative") or a promoter thereof intends to recruit members for the cooperative, he, she or it shall report to the head of the competent Si/Gun/Gu having jurisdiction over the construction site for the private rental housing and recruit members by means of public invitation.

(2) Notwithstanding paragraph (1), where any vacancy needs to be filled due to a death, disqualification, withdrawal of membership, etc. of a housing cooperatives' member or where an insufficient number of members have been recruited after an open invitation, members of the housing cooperative may be recruited on a first-come, first-served basis, without filing a report.

(3) The head of a Si/Gun/Gu in receipt of a report under paragraph (1) shall accept the report where the reported matters are in compliance with this Act and notify the reporting person of such acceptance.

(4) In any of the following cases, the head of a Si/Gun/Gu shall not accept a report on recruitment of members of a housing cooperative:

1. Where the housing cooperative has failed to secure the title to use land that constitutes at least 80 percent of the construction site for the relevant private rental housing;

2. Where the construction site overlaps, in whole or in part, with the project site already reported;

3. Where no housing may be built by the private rental cooperative on the relevant construction site for the private rental housing, in accordance with an urban or Gun plan already formulated or to be formulated, a land use plan already formulated, or the standards for construction, restriction on construction, etc. under this Act or related statutes or regulations;

4. Where it is intended to recruit members who are not entitled to the supply of the relevant private rental housing;

5. Where any reported matter is different from the fact.

(5) Matters necessary for filing a report on recruitment of members of a housing cooperative, such as the timing of recruitment and methods, procedures, etc. of recruitment under paragraph (1), open invitations, disclosure of information on persons who have filed an application to join a private rental cooperative (hereinafter referred to as "applicants for cooperative membership"), etc. shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

[This Article Added on Nov. 26, 2019]

[Moved from Article 5-2; Previous Article 5-3 moved to Article 5-4 <Jun. 9, 2020>]

Article 6(Cancellation of registration of rental business entities) #

(1) Where a rental business entity falls under any of the following cases, the head of a Si/Gun/Gu may fully or partially cancel the relevant registration; provided, in cases falling under subparagraph 1, the registration shall be fully or partially canceled: <Amended on Jun. 9, 2020; Aug. 18, 2020; Mar. 16, 2021; Sep. 14, 2021; Mar. 28, 2023; Dec. 3, 2024>

1. Where he or she has filed for registration by fraud or other improper means;

2. Where he or she fails to acquire private rental housing within the period prescribed by Presidential Decree after being registered under Article 5;

3. Where he or she applies for cancellation of registration before three months pass from the date of registration (limited to cases where the lessee consents if there is a rental agreement entered after the registration as a rental house) under Article 5(1) or after the expiration of the mandatory rental period referred to in Article 43;

4. Where he or she fails to meet the criteria for registration referred to in Article 5(6);

5. Where he or she transfers private rental housing under Article 43(2) or (6);

6. Where he or she transfers private rental housing under Article 43(4);

7. Where he or she violates any of the terms of rental provided for in Article 44;

8. Where he or she revokes, terminates, or refuses to renew, a rental agreement in violation of Article 45;

9. Where he or she violates any restriction on uses of quasi-housing specified in Article 50;

10. Where he or she has provided explanation or information under Article 48(1)2 by fraud or other improper means;

11. Notwithstanding Article 43, the previous Special Act on Private Rental Housing (referring to the Act before it is partially amended by the Special Act on Private Rental Housing (Act No. 17482); hereafter in this Article, the same shall apply) shall apply where a rental business entity files an application for cancellation of registration within the mandatory rental period with respect to a buy-to-rent private house where the rental property is an apartment (referring to one other than urban residential housing defined in subparagraph 20 of Article 2 of the Housing Act), from among long-term private rental housing defined in subparagraph 5 of Article 2, or a short-term private rental house defined in subparagraph 6 of Article 2 (limited to where the lessee consents if a rental agreement exists at the time of the application);

12. Where it is prescribed by Presidential Decree that the loss of the lessee is clearly incurred by the rental business entity's delay in returning the deposit;

12-2. Where a company providing guarantee fails to fully repay a guarantee obligation because the rental business entity fails to repay the deposit to the lessee, even after 6 months have elapsed since the company providing such guarantee performed the guarantee obligation by subrogation at least twice, and the company providing such guarantee has notified the head of a Si/Gun/Gu thereof in any of the following cases:

a. Where he or she has no record of discretionary repayment for 1 year after the performance of the guarantee obligation by subrogation;

b. Where the total amount of unrecovered claims of the company providing guarantee is at least 200 million won;

13. Where the head of a Si/Gun/Gu requires that a person who fails to file a report on a rental agreement or a report on any change pursuant to Article 46 file a report under Article 61(1), but he or she files a false report or does not comply therewith at least three times;

14. Cases prescribed by Presidential Decree where a rental business entity fails to purchase a guarantee for rental security deposit under Article 49(1);

15. Cases prescribed by Presidential Decree where it is clearly expected that his or her delinquency in national taxes or local taxes would cause damage to the lessee in relation to the fulfillment of the obligation to return the security deposit;

16. Where he or she was sentenced to imprisonment without labor or heavier punishment (including suspension of the execution) for committing a crime specified in Article 347 of the Criminal Act in relation to the fulfillment of the obligation to return security deposit to the lessee and such sentence has become final;

17. Other cases prescribed by Presidential Decree, in which it is deemed impracticable to continue to lease private rental housing.

(2) In canceling registration under paragraph (1), the head of a Si/Gun/Gu shall hold a hearing; provided, this shall not apply to cases falling under paragraph (1)3, 5 or 6.

(3) Where the head of a Si/Gun/Gu cancels registration under paragraph (1), he or she shall publicly announce necessary matters, such as the name of the relevant rental business entity and grounds for cancellation.

(4) Upon filing an application for cancellation of registration under paragraph (1)3 or receipt of notice on holding of a hearing under paragraph (2), the rental business entity shall notify each lessee of such fact within seven days.

(5) Registration shall be canceled on the date of expiry of the mandatory rental period with respect to a buy-to-rent private house where the rental property is an apartment (referring to one other than urban residential housing defined in subparagraph 20 of Article 2 of the Housing Act) from among long-term private rental housing defined in subparagraph 5 of Article 2 of the previous Special Act on Private Rental Housing or a short-term private rental house defined in subparagraph 6 of Article 2. <Amended on Aug. 18, 2020; Mar. 16, 2021>

(6) Where registration is canceled under the subparagraphs of paragraph (1) (excluding cases where a private rental house is transferred to another rental business entity under Article 43(2) among cases referred to in subparagraph 5) and paragraph (5), the rental business entity (referring to the transferee where the relevant house is transferred) shall be deemed the rental business entity under this Act in the context of the relationship with the lessee until the existing rental agreement expires. <Amended on Aug. 18, 2020>

Article 7(Registration of housing rental management business) #

(1) Each person who intends to run a housing rental management business may apply for registration thereof with the head of the competent Si/Gun/Gu; provided, a person who intends to run a housing rental management business in a scale of not less than the scale prescribed by Presidential Decree within the extent of at least 100 housing units, shall register its business [excluding the State, local governments, public institutions defined in Article 4(1) of the Act on the Management of Public Institutions (hereinafter referred to as "public institutions"), and local government-invested public corporations incorporated under Article 49(1) of the Local Public Enterprises Act (hereinafter referred to as "local government-invested public corporations")].

(2) Registration under paragraph (1) shall be made by classifying between self-management type housing rental management business and entrusted-management type housing rental management business. In such cases, registration of self-management type housing rental management business shall be deemed to include registration of entrusted-management type housing rental management business.

(3) If a person registered under paragraph (1) intends to change or cancel any registered matter, he or she shall submit a report thereon to the head of the competent Si/Gun/Gu; provided, he or she need not report minor matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as capital increase.

(4) The head of a Si/Gun/Gu shall notify the reporting person of whether the report is accepted within five days of receiving the report under paragraph (3). <Added on Jun. 9, 2020>

(5) Where the head of a Si/Gun/Gu fails to notify the reporting person of receipt of a report or of an extension of the processing period under statutes or regulations related to treatment of civil petitions within a period specified in paragraph (4), the report shall be deemed received on the day following the expiry date of such period (referring to the relevant processing period if the processing period is extended or re-extended pursuant to statutes or regulations related to treatment of civil petitions). <Added on Jun. 9, 2020>

(6) Matters necessary for, among other things, procedures for registration and reporting under paragraphs (1) through (5) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020>

Article 10(Cancellation of registration of housing rental management business) #

(1) Where a housing rental management business entity falls under any of the following cases, the head of the competent Si/Gun/Gu may cancel registration of the relevant business or partially or entirely suspend the business for a prescribed period not exceeding one year; provided, in cases falling under paragraph 1, 2 or 6, the registration shall be canceled:

1. Where he or she is registered by fraud or other improper means;

2. Where he or she carries on the housing rental management business during the period of business suspension, or a person who is subject to a disposition to suspend business on at least two occasions during the recent three years and the total period of such dispositions exceeds 12 months;

3. Where he or she causes damage to property of a lessor or lessee by improperly managing housing for rent by intention or gross negligence;

4. Where he or she has no record of outsourcing contract for at least one year from the day following the expiration date of the last outsourcing contract without just cause;

5. Where he or she fails to meet the criteria for registration referred to in Article 8; provided, this shall not apply where prescribed by Presidential Decree, such as temporary failure to meet the criteria for registration;

6. Where he or she allows a third person to run the business or affairs prescribed by this Act by using his or her name or trade name or lends his or her registration certificate, in violation of Article 16(1);

7. Where he or she refuses, interferes with, or evades to give reports or data or to receive inspections under Article 61, or gives false reports.

(2) Where a housing rental management business entity falls under any of paragraph (1)3 through 5 and 7, the head of the competent Si/Gun/Gu may impose a penalty surcharge not exceeding 10 million won in lieu of business suspension.

(3) Where a housing rental management business entity fails to pay a penalty surcharge imposed under paragraph (2) by the deadline, the head of the competent Si/Gun/Gu shall collect it in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Mar. 24, 2020>

(4) Criteria for cancellation of registration and disposition to suspend business under paragraph (1), and necessary matters relating to the amount, etc. of penalty surcharges based on the types and severity of violations subject to the imposition of penalty surcharge under paragraph (2) shall be prescribed by Presidential Decree.

Article 18(Preferred supply of land) #

(1) Where the State, a local government, a public institution, or a local government-invested public corporation supplies (referring to sale or lease; hereafter the same shall apply in this Article) land it owns or has developed, it may preferentially supply such land to a rental business entity who intends to construct private rental housing, notwithstanding Article 30(1) of the Housing Act. <Amended on Jan. 19, 2016>

(2) Where the State, a local government, a public institution, or a local government-invested public corporation supplies land for construction of publicly-funded private rental housing, or where a public institution [including a purchasing public institution defined in Article 43(3) of that Act (hereinafter referred to as "purchasing public institution")] holding previous real estate sells the previous real estate for the construction of publicly-funded private rental housing, the land may be supplied in accordance with the methods and conditions prescribed by Presidential Decree, such as ballot, restriction on eligibility, and free contract, notwithstanding the Housing Site Development Promotion Act, the Special Act on the Construction and Development of Innovation Cities, and other related statutes or regulations. <Amended on Dec. 26, 2017; Jan. 16, 2018>

(3) The State, a local government, the Korea Land and Housing Corporation, or a local government-invested public corporation shall preferentially supply land it has developed to a rental business entity [including an employer registered as a rental business entity (limited to corporations) who intends to construct private rental housing for rent to its employees] in a ratio of not less than that prescribed by Presidential Decree, which shall be at least one percent of such land; provided, the relevant land shall be at least the size prescribed by Presidential Decree and include sites for at least two multi-family housing complexes. <Amended on Jan. 17, 2017>

(4) A person supplied with land and previous real estate under paragraphs (1) through (3) (hereafter referred to as "land, etc." in this Article) shall construct private rental housing within the period prescribed by Presidential Decree, which shall not exceed four years from the date on which he or she is supplied with the land, etc.

(5) Where no private rental housing is constructed notwithstanding paragraph (4), a person who has supplied land, etc. may repurchase such land, etc. under the criteria and procedures prescribed by Presidential Decree or revoke or terminate the relevant rental agreement.

(6) Where a project undertaker defined in Article 54 of the Housing Act supplies housing, it may preferentially supply all the houses (excluding houses subject to application of the upper limit system for selling prices referred to in Article 57 of that Act) to rental business entities seeking to operate the housing as publicly-funded private rental housing or long-term private rental housing, notwithstanding paragraph (1) of that Article. <Amended on Jan. 19, 2016; Jan. 16, 2018>

Article 21-2(Supply of houses constructed based on relaxed floor area ratios) #

(1) Where approval authority, etc. applies to the floor area ratio prescribed by ordinance of a relevant local government under the National Land Planning and Utilization Act or the floor area ratio under subparagraph 2 of Article 21 (hereinafter referred to as "relaxed floor area ratio"), which is more relaxed than one prescribed by a district unit plan (hereinafter referred to as "base floor area ratio") regarding a project for building publicly-funded private rental housing with at least 30 units, the number of units prescribed by Presidential Decree, at the time of approval of a project plan or building permission granted to a rental business entity, the approval authority, etc. may issue any of the following orders to a rental business entity in consultation with the relevant Mayor/Do Governor and the renal business entity; provided, where other statutes or regulations have imposed obligations on the rental business entity, the measures prescribed in the main clause shall be reduced or exempted: <Amended on Apr. 7, 2020>

1. A rental business entity shall construct rental housing, the area of which corresponds to the area increased by subtracting the base floor area ratio from the relaxed floor area ratio, and multiplying a ratio, which is not more than 50 percent of the calculated ratio, by the ratio prescribed by ordinance of a relevant local government; and shall supply such housing to the Mayor/Do Governor. In such cases, the price for supplying housing shall be construction expenses determined based on the criteria for calculating prices for conversion for sale of public rental housing units under Article 50-3(1) of the Special Act on Public Housing; and the land attached thereto shall be deemed transferred by donation to the Mayor/Do Governor;

2. A rental business entity shall pay in cash the price of land attached to the house, the area of which is increased by subtracting the base floor area ratio from the relaxed floor area ratio and multiplying a ratio, which is not more than 50 percent of the calculated ratio, by the ratio prescribed by ordinance of a relevant local government to the Mayor/Do Governor. In such cases, the price of land shall be the amount appraised by an appraisal corporation defined in subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers (hereinafter referred to as "appraisal corporation, etc.") based on the standards for the publicly announced price of representative land at the time of application for approval of a project plan or of building permission;

3. A rental business entity shall construct rental housing supplied to those entitled to residential support or mixed-support facilities, the area of which corresponds to the area increased by subtracting the base floor area ratio from the relaxed floor area ratio and multiplying a ratio, which is not more than 100 percent of the calculated ratio, by the ratio prescribed by ordinance of a relevant local government;

4. A rental business entity shall construct rental housing, the area of which corresponds to the area increased by subtracting the base floor area ratio from the relaxed floor area ratio and multiplying a ratio, which is not more than 50 percent of the calculated ratio, by the ratio prescribed by ordinance of a relevant local government and supply such housing to those entitled to residential support in the form of private rental housing for at least 20 years.

(2) The cash paid by a rental business entity under paragraph (1)2 shall escheat to the special account for national housing projects set up in accordance with Article 84 of the Housing Act.

(3) Except as provided in paragraphs (1) and (2), procedures for supplying housing to the Mayor/Do Governor, procedures for calculating land prices, methods for cash payment, operation of mixed-support facilities built, and other necessary matters shall be prescribed by Presidential Decree.

[This Article Added on Jan. 16, 2018]

Article 23(Project implementers) #

(1) A person authorized to designate a promotion district under Article 22 (hereinafter referred to as "designation authority") shall designate a person who will undertake a project for developing publicly-funded private rental housing (hereinafter referred to as "project implementer"), among the following persons: <Amended on Jan. 17, 2017; Jan. 16, 2018>

1. A rental business entity who owns at least 50 percent of the area of land in the promotion district excluding State-owned or public land;

2. A person who falls under any subparagraph of Article 4(1) of the Special Act on Public Housing.

(2) The scope of a project for developing publicly-funded private rental housing that can be undertaken by the project implementer shall be as follows; provided, a person who falls under paragraph (1)2 shall not undertake a project for construction of publicly-funded private rental housing among housing construction projects prescribed in subparagraph 2 of this paragraph: <Added on Jan. 16, 2018>

1. A project for development of a promotion district;

2. Housing construction project such as a project for construction of publicly-funded private rental housing.

(3) In designating the project implementer of a project for development of a promotion district, a designation authority may designate a person falling under each subparagraph of paragraph (1) as a joint-implementer. <Amended on Jan. 16, 2018>

(4) A person who falls under any subparagraph of paragraph (1) or a person who has obtained consent of the owners of at least 50 percent of land in a promotion district excluding the State-owned or public land, may propose that the designation authority designate the promotion district. In such cases, if the person who has proposed the designation meets the requirements prescribed in paragraph (1)1, the designation authority may prioritize designating him or her as a project implementer. <Amended on Jan. 17, 2017; Jan. 16, 2018>

(5) A designation authority may replace a project implementer in any of the following cases: <Added on Jan. 17, 2017; Jan. 16, 2018; Dec. 22, 2020>

1. Where a request is made to replace the project implementer by a real estate investment company defined in subparagraph 1 of Article 2 of the Real Estate Investment Company Act in which the project implementer has invested;

2. Where the project implementer needs to be replaced by a public institution or a local government-invested public corporation, because it is impractical to implement the promotion district project on any of the grounds specified by Presidential Decree, such as bankruptcy or insolvency of the project implementer or other changes in circumstances;

3. Where the project implementer needs to be replaced by a public institution or a local government-invested public corporation because approval of a district plan is revoked under Article 40(1).

(6) Where a person prescribed in paragraph (1)2 is the project implementer, a designation authority may request him or her to construct and operate a mixed-support facility in a promotion district. In such cases, the project implementer shall formulate a plan for building and operating a mixed-support facility as prescribed by Presidential Decree. <Added on Jan. 16, 2018>

(7) Matters necessary for the procedures for proposing designations, changes, or revocation of promotion districts, documents to be submitted, method of calculating persons who have given consent, procedures for giving consent and other matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Jan. 17, 2017; Jan. 16, 2018>

Article 26(Public notice of designation of promotion districts) #

(1) Upon designating a promotion district, the designation authority shall publicly notify in the Official Gazette or public gazette as prescribed by Presidential Decree, its location and area, project implementer, project type, detailed items of the land, goods and rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects (hereinafter referred to as "land, etc.") to be expropriated or used, and other relevant matters and shall send copies of the relevant documents to the head of the competent Si/Gu/Gun and publicly notify topographical drawings pursuant to Article 8 of the Framework Act on the Regulation of Land Use. The same shall also apply to alteration of a promotion district. <Amended on Jan. 17, 2017>

(2) The head of a Si/Gun/Gu in receipt of copies of the relevant documents sent under paragraph (1) shall make them available to the general public for perusal.

(3) A person who intends to engage in activity prescribed by Presidential Decree, such as construction of a building, in an area where public announcement for hearing the opinions of residents, etc. on the designation or alteration of a promotion district under Article 25(1) is made or in a promotion district, shall obtain permission from the head of the competent Si/Gun/Gu. The same shall also apply to modification of any permitted matter. <Amended on Jan. 17, 2017>

(4) Notwithstanding paragraph (3), the following activities are permissible without obtaining permission:

1. Emergency management activities necessary for disaster relief or management;

2. Other activities prescribed by Presidential Decree, such as changing the form and quality of land for farming.

(5) A person who has already obtained permission for any activity which requires permission under paragraph (3) or commenced works or a project as at the time public announcement of hearing opinions under Article 25(1) or designation and public notice of the promotion district is made, may continue such activity after filing a report thereon with the head of the competent Si/Gun/Gu as prescribed by Presidential Decree. <Amended on Jan. 17, 2017>

(6) The head of a Si/Gun/Gu may issue an order for reinstatement to a person who has violated paragraph (3). In such cases, if a person in receipt of such order fails to perform any of his or her obligations, the head of the Si/Gun/Gu may conduct vicarious execution, as prescribed by the Administrative Vicarious Execution Act.

(7) Except as provided in this Act, Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to permission under paragraph (3). <Added on Jan. 17, 2017>

(8) Where permission is obtained pursuant to paragraph (3), it shall be deemed that permission is obtained pursuant to Article 56 of the National Land Planning and Utilization Act. <Added on Jan. 17, 2017>

(9) Where a promotion district is designated and publicly notified under paragraph (1), it shall be deemed designated and publicly notified as an urban area defined in subparagraph 1 of Article 6 of the National Land Planning and Utilization Act and a district-unit planning district prescribed in Article 50 of that Act (hereinafter referred to as "district-unit planning district"). <Amended on Jan. 17, 2017>

Article 27(Revocation of designation of promotion districts) #

(1) A designation authority may revoke the designation of a promotion district in either of the following cases: <Amended on Jan. 16, 2018>

1. Where no application is filed for approval of a district plan under Article 28 within two years from the date of designation and public notice of the promotion district;

2. Where a project for the development of publicly-funded private rental housing is completed.

(2) Where the designation of a promotion district is revoked under paragraph (1), the designation authority shall publicly notify such fact in the Official Gazette or public gazette as prescribed by Presidential Decree, and shall take the following measures:

1. The Minister of Land, Infrastructure and Transport shall notify it to the heads of the relevant central administrative agencies and the competent Mayor/Do Governor. In such cases, the Mayor/Do Governor in receipt of the notice shall notify it to the head of the competent Si/Gun/Gu, and the head of the Si/Gun/Gu in receipt of such notice shall make copies of the relevant documents available to the general public for perusal;

2. The Mayor/Do Governor shall notify it to the Minister of Land, Infrastructure and Transport. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of the Si/Gun/Gu in receipt of the notice shall make copies of the relevant documents available to the general public for perusal.

(3) Where public notice for the revocation of a promotion district is made on the ground prescribed in paragraph (1)1, the special-purpose area, special-purpose district, special-purpose zone, district-unit planning zone, and urban or Gun planning facilities designated under the National Land Planning and Utilization Act shall be respectively deemed reinstated to the state as at the time the designation was made; provided, a project or construction works for urban or Gun planning facilities separately determined by a public notice for revocation, such as those that have already commenced as at the time the revocation is made, may be executed continuously.

Article 28(Approval of district plans) #

(1) A project implementer shall prepare a district plan for promoting supply of public support rental housing including the following matters (hereinafter referred to as "district plan") and obtain approval of the designation authority. The same shall also apply to modification of an approved district plan (excluding modification of any minor matters prescribed by Presidential Decree): <Amended on Jan. 17, 2017; Jan. 16, 2018>

1. Outline of the district plan;

2. Name or title of the project implementer (including address and the representative's name);

3. Project implementation period and fund-raising plans;

4. Land-use plans and outline designs and specifications;

5. Plans for accommodation of residents and houses;

6. Infrastructure installation plans, including transport, public, and cultural and sports facilities;

7. Environmental plans for environmental conservation, reduction of carbon emissions, etc.;

8. Other matters prescribed by Presidential Decree, including district-unit plans.

(2) A designation authority may impose on a project implementer all or some of the site or installation costs necessary for securing infrastructure facilities specified in the district plan. In such cases, the amount of the site or installation costs for infrastructure facilities to be borne by the project implementer shall not exceed the increased portion of land value generated from the lenient building restrictions (referring to the difference of land values appraised by an appraisal corporation before and after the relaxation of building restrictions, respectively). <Amended on Jan. 19, 2016; Jan. 16, 2018; Apr. 7, 2020>

(3) In approving a district plan by a designation authority under paragraph (1), if requested by the project implementer, the district plan shall undergo deliberation by the committee for integrated deliberation of publicly-funded private rental housing established under Article 32. <Amended on Jan. 16, 2018>

(4) Where a designating authority intends to approve a district plan or any modification thereof pursuant to paragraph (1), it shall hear the opinion of the head of the competent local government; provided, this shall not apply where the relevant project implementer has a prior consultation with the head of the competent local government. <Added on Aug. 16, 2023>

(5) Upon receipt of a request for opinions under paragraph (4), the head of the competent local government shall submit opinions within 30 days from the date of receiving such request; and where he or she fails to submit opinions within the period, he or she shall be deemed to have no opinion. <Added on Aug. 16, 2023>

(6) Upon approving a district plan under paragraph (1), the designation authority shall publicly notify the details thereof in the Official Gazette or public gazette and send copies of the relevant documents to the head of the competent Si/Gu/Gun, and the head of the Si/Gun/Gu in receipt of them shall make them available to the general public for perusal. <Amended on Aug. 16, 2023>

(7) The head of a Si/Gun/Gu in receipt of copies of the relevant documents under paragraph (6) shall, where the relevant documents include any matter prescribed by an urban or Gun management plan, take measures necessary to prepare topographical drawings under Article 32 of the National Land Planning and Utilization Act and Article 8 of the Framework Act on the Regulation of Land Use. In such cases, the project implementer shall submit documents necessary for the public notice of topographical drawings to the head of the Si/Gun/Gu. <Amended on Aug. 16, 2023>

Article 29(Constructive authorization and permission under other statutes) #

(1) Where approval or public notice of approval, or approval of modification or public notice of approval of modification, of a district plan is made under Article 28, the following approval, permission, authorization, decision, reporting, designation, license, consultation, consent, revocation, deliberation, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed obtained; and where public notice of approval or approval of modification, of a district plan is made, public notice or a public announcement of authorization, permission, etc. shall be deemed made under the following statutes: <Amended on Dec. 27, 2016; Jan. 17, 2017; Jan. 16, 2018; Mar. 31, 2020; Dec. 27, 2022>

1. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act, reclamation license of public waters under Article 28 of that Act, consultation on or approval of reclamation conducted by the State, etc. under Article 35 of that Act, and approval and public notice of an implementation plan for reclamation of public waters under Article 38 of that Act;

2. Permission to use and to gain benefits under Article 20 of the Public Property and Commodity Management Act;

3. Approval of a development plan under Article 54 of the Tourism Promotion Act and permission for the implementation of a development project under Article 55 of that Act;

4. Non-permission for creating mining rights under Article 24 of the Mining Industry Act and the revocation of mining rights or reduction of a mining concession under Article 34 of that Act;

5. Permission to use administrative property under Article 30 of the State Property Act (the permission period shall expire when the project for developing publicly-funded private rental housing is completed);

6. Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act; determination of a district-unit plan under Article 50 of that Act; permission for development activities under Article 56 of that Act; designation of an implementer of urban or Gun planning facilities under Article 86 of that Act; preparation of an implementation plan and authorization, etc. under Article 88 of that Act; and permission for a land transaction contract under Article 118 of that Act;

7. Permission to use agricultural production infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;

8. Permission or consultation to divert farmland under Article 34 of the Farmland Act; reporting on diversion of farmland under Article 35 of that Act; permission to temporarily use farmland for other purposes under Article 36 of that Act; and approval of alteration of use under Article 40 of that Act;

9. Permission and reporting on installation of emission facilities under Article 23 of the Clean Air Conservation Act;

10. Permission to perform road construction works under Article 36 of the Road Act, and permission to occupy a road under Article 61 of that Act;

11. Designation of an urban development zone under Article 3 of the Urban Development Act; preparation and modification of a development plan under Article 4 of that Act; designation of a project implementer under Article 11 of that Act; preparation of and authorization for an implementation plan under Article 17 of that Act; submission of a supply plan of developed land, etc. under Article 26 of that Act; and permission to use developed land, etc. prior to completion under Article 53 of that Act;

12. Permission for opening a private road prescribed in Article 4 of the Private Road Act;

13. Permission for the felling of trees, etc. under Article 14 of the Erosion Control Work Act or cancellation of the designation of an erosion control area under Article 20 of that Act;

14. Permission for or reporting on the felling, etc. of standing trees under Article 36(1) or (5) of the Creation and Management of Forest Resources Act or reporting of the felling, etc. of standing trees under Article 36(5) of that Act;

15. Permission for and reporting on the diversion of mountainous districts under Articles 14 and 15 of the Mountainous Districts Management Act, permission for and reporting on temporary use of mountainous districts under Article 15-2 of that Act, and permission for collecting earth or stone under Article 25 of that Act;

16. Permission for and reporting on installation of emission facilities under Article 8 of the Noise and Vibration Control Act;

17. Permission to execute small river conservation works under Article 10 of the Small River Maintenance Act, and permission for occupancy, use, etc. of small rivers under Article 14 of that Act;

18. Authorization for waterworks business under Article 17 or 49 of the Water Supply and Waterworks Installation Act and authorization for the installation of an exclusive potable water supply system or an exclusive industrial water supply system under Article 52 or 54 of that Act;

19. Permission for and reporting on installation of discharge facilities under Article 33 of the Water Environment Conservation Act;

20. Consultation about a plan for use of energy under Article 10 of the Energy Use Rationalization Act;

21. Registration for the opening of a superstore under Article 8 of the Distribution Industry Development Act;

22. Permit to open an abandoned grave under Article 27(1) of the Act on Funeral Services;

23. Authorization for or reports on the plan to construct an electric facility for private use pursuant to Article 8 of the Electric Safety Management Act;

24. Consultation about the feasibility of integrated energy supply under Article 4 of the Integrated Energy Supply Act;

25. Reporting on the commencement, change or completion of a project under Article 86(1) of the Act on the Establishment and Management of Spatial Data;

26. Approval for a business plan prescribed in Article 12 of the Installation and Utilization of Sports Facilities Act;

27. Permission to change the form and quality of land under Article 21-2 of the Grassland Act; and permit to convert grassland under Article 23 of that Act;

28. Permission to execute a public sewerage project under Article 16 of the Sewerage Act and permit to occupy and use a public sewerage system under Article 24 of that Act;

29. Permission to perform river conservation works and approval of an implementation plan of river conservation works under Article 30 of the River Act, permission to occupy and use a river under Article 33 of said Act, permission to use river water under Article 50 of said Act.

(2) A project implementer who intends to be deemed to have obtained authorization, permission, etc. listed in paragraph (1) shall submit documents prescribed by the relevant statutes.

(3) A designation authority who intends to approve a district plan that contains a matter falling under any subparagraph of paragraph (1) shall consult in advance with the head of the relevant administrative agency by appending the related documents submitted by the project implementer. In such cases, the head of the relevant agency shall present his or her opinion within 30 days from the receipt of the request for consultation, and if no opinion is presented within such period, he or she shall be deemed to have no opinion.

Article 30(Special cases concerning related statutes) #

(1) Where it is necessary to modify a basic urban or Gun plan defined in subparagraph 3 of Article 2 of the National Land Planning and Utilization Act to designate a promotion district proposed by the person falling under Article 23(1)1, the Mayor/Do Governor shall hold a public hearing and gather the opinions of the local council, etc. at the same time and determine whether to modify such plan before the expiration of the period prescribed by Presidential Decree within 90 days. <Amended on Jan. 16, 2018>

(2) Where it is necessary to modify a basic urban or Gun plan to designate, modify or cancel the promotion district proposed by the person falling under Article 23(1)2 and where a designation authority publicly notifies such designation, modification or cancellation of the promotion district, modification to the basic urban or Gun plan shall be deemed finalized or approved by the competent Do Governor under Articles 18, 22, and 22-2 of the National Land Planning and Utilization Act. <Added on Jan. 16, 2018>

(3) Where a district plan is approved under Article 28, the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si or Gun (excluding the head of a Gun in a Metropolitan City; hereafter the same shall apply in this Article) shall prioritize reflecting it in the sewerage management plan referred to in Article 5 of the Sewerage Act. In such cases, the Minister of Climate, Energy and Environment shall approve the sewerage management plan within 30 days from receipt of the application for the approval thereof from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, whoever is competent, unless there is good cause. <Amended on Jan. 16, 2018; Jan. 11, 2022; Oct. 1, 2025>

(4) When a district plan is approved in accordance with Article 28, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si or Gun shall prioritize reflecting it in the framework plan for sewerage management under Articles 5 and 6 of the Sewerage Act. In such cases, the Minister of Climate, Energy and Environment shall approve the framework plan for sewerage management within 40 days from receipt of the application for the approval thereof from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si or Gun, whoever is competent, unless there is good cause. <Amended on Jan. 16, 2018; Oct. 1, 2025>

Article 32(Committee for integrated deliberation of publicly-funded private rental housing) #

(1) In order to examine and deliberate on the following matters related to approval of district plans, including urban plans, construction, environment, transportation, and disasters, a designation authority shall establish a committee for integrated deliberation of publicly-funded private rental housing (hereinafter referred to as "Integrated Deliberative Committee"): <Amended on Oct. 24, 2017; Jan. 16, 2018>

1. Matters concerning an urban or Gun management plan under the National Land Planning and Utilization Act;

2. Measures to improve transportation systems in a metropolitan area under the Special Act on the Management of Intercity Transport in Metropolitan Areas;

3. Traffic impact assessments under the Urban Traffic Improvement Promotion Act;

4. Plans to use mountainous districts belonging to a promotion district under the Mountainous Districts Management Act;

5. Energy-use plans under the Energy Use Rationalization Act;

6. Disaster impact assessment, etc. under the Countermeasures against Natural Disasters Act;

7. Assessment of educational environment under the Educational Environment Protection Act;

8. Prior landscape plans under the Landscape Act;

9. Deliberation on construction of buildings under the Building Act;

10. Other matters referred to the Integrated Deliberative Committee as deemed necessary by the designation authority.

(2) The Integrated Deliberative Committee shall consist of not more than 24 members, including one chairperson and one vice chairperson.

(3) The following persons shall be members of the Integrated Deliberative Committee, and the chairperson shall be elected by members from among those falling under subparagraph 2: <Amended on Jan. 17, 2017; Oct. 24, 2017; Jan. 16, 2018>

1. The heads of relevant departments belonging to the Ministry of Land, Infrastructure, relevant administrative agencies (referring to agencies with which prior consultation is to be held under Article 24(1)) or the designation authority, who are public officials prescribed by Presidential Decree;

2. Persons commissioned by the designation authority from among experts in the fields of urban planning, construction, transport, environment, disasters, etc., who have extensive knowledge on and experience in the development of housing sites and housing projects;

3. Persons recommended by the chairpersons of the Central Urban Planning Committee (limited to where the Minister of Land, Infrastructure and Transport has designated a promotion district) or a City/Do Urban Planning Committee, including at least one person each from among urban planning experts, design experts, and environment experts who are members thereof;

4. Persons recommended by the chairperson of the National Transport Commission or a local transport committee established under the National Transport System Efficiency Act, from among members thereof;

5. Persons recommended by the chairperson of the Traffic Impact Assessment Deliberative Committee established under the Urban Traffic Improvement Promotion Act, from among members thereof;

6. Persons recommended by the chairperson of the mountainous district management committee having authority to deliberate on plans to use mountainous districts which belong to the relevant housing zone under the Mountainous Districts Management Act, from among members thereof;

7. Persons recommended by the chairperson of the committee having authority to deliberate on energy-use plans under the Energy Use Rationalization Act, from among members thereof;

8. Persons recommended by the chairperson of the deliberation committee on disaster impact assessment under the Countermeasures against Natural Disasters Act, from among members thereof;

9. Persons recommended by the chairperson of the City/Do Educational Environment Protection Committee established under the Educational Environment Protection Act, from among members thereof;

10. Persons recommended by the chairperson of the Landscape Committee established under the Landscape Act, from among members thereof;

11. Persons recommended by the chairperson of a building committee established under the Building Act, from among members thereof.

(4) A majority of the members of the Integrated Deliberative Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.

(5) The Integrated Deliberative Committee shall tape-record the details of meetings and prepare minutes.

(6) A project implementer who intends to undergo an integrated deliberation shall submit the documents related to the matters specified in the subparagraphs of paragraph (1), as prescribed by Presidential Decree, and may submit his or her final opinion to the Integrated Deliberative Committee.

(7) The Integrated Deliberative Committee shall comprehensively examine and deliberate on matters concerning approval of a district plan, project implementer's final written opinion, written opinions of the relevant institutions, etc. In such cases, the designation authority shall approve the district plan reflecting the result of the deliberation unless there is good cause not to do so.

(8) Where any matter has undergone examination and deliberation by the Integrated Deliberative Committee, it shall be deemed to have undergone examinations and deliberations of the following committees: <Amended on Oct. 24, 2017; Jan. 16, 2018>

1. The Central Urban Planning Committee (limited to where the Minister of Land, Infrastructure and Transport has designated a promotion district) and a City/Do Urban Planning Committee;

2. The National Transport Commission established under the National Transport System Efficiency Act;

3. The Traffic Impact Assessment Deliberative Committee established under the Urban Traffic Improvement Promotion Act;

4. A mountainous district management committee established under the Mountainous Districts Management Act;

5. A committee having authority to deliberate on energy-use plans under the Energy Use Rationalization Act;

6. A deliberation committee on disaster impact assessment under the Countermeasures against Natural Disasters Act;

7. A City/Do Educational Environment Protection Committee established under the Educational Environment Protection Act;

8. The Landscape Committee established under the Landscape Act;

9. The Central Building Committee established under the Building Act; provided, the same shall only apply where approval of a district plan and approval of a project plan (including building permission) are simultaneously processed with the designation of a promotion district under Article 33.

[Title Amended on Jan. 16, 2018]

Article 33(Special cases concerning procedures for designation of promotion districts) #

(1) Where a promotion district does not exceed the size prescribed by Presidential Decree within 100,000 square meters, the project implementer may, in applying for the designation as a promotion district, file an application including the following approval or permission. In such cases, the designation authority shall grant the approvals or permission in line with the designation of the promotion district: <Amended on Jan. 19, 2016>

1. Approval of a district plan under Article 28;

2. Approval of a project plan under Article 15 of the Housing Act;

3. Building permission under Article 11 of the Building Act.

(2) Where a designation authority has undergone deliberation of the Integrated Deliberative Committee to grant the approval of a district plan in line with the designation of a promotion district under paragraph (1) in an urban area, instead of a green area under Article 36(1) of the National Land Planning and Utilization Act, an area prescribed by Presidential Decree, it may omit the deliberation of the Central Urban Planning Committee or a City/Do Urban Planning Committee under Article 24(3). <Added on Jan. 16, 2018>

(3) Where a designation authority seeks to designate or modify a promotion district, the surface area of which does not exceed that prescribed by Presidential Decree, up to 100,000 square meters, in a residential area defined in Article 36(1)1a of the National Land Planning and Utilization Act, it may omit the deliberation of the Central Urban Planning Committee or a City/Do Urban Planning Committee. <Amended on Jan. 16, 2018>

(4) A proposal for designation or modification of a promotion district submitted by a project implementer under paragraph (3) shall include a land use plan and other matters prescribed by Presidential Decree. <Amended on Jan. 16, 2018>

(5) Articles 8, 9 and 59 of the National Land Planning and Utilization Act shall not apply to a promotion district designated under paragraphs (2) and (3). <Amended on Jan. 16, 2018>

Article 35(Special cases concerning construction of public support private rental housing in promotion districts) #

(1) In order to ensure the smooth construction of public support publicly-funded private rental housing in a promotion district, the designation authority shall apply the following lenient standards: <Amended on Jan. 17, 2017; Jan. 16, 2018>

1. Notwithstanding restrictions on the use, types, scale, etc. of buildings within special-purpose areas under Article 76 of the National Land Planning and Utilization Act, it shall be permitted to install buildings except facilities prescribed by Presidential Decree, such as recreational facilities and general accommodation facilities, among buildings other than publicly-funded private rental housing; provided, where it is intended to designate a promotion district in a residential area pursuant to Article 33(3), exceeding the scope permitted by special-purpose area, the designating authority shall submit the case to the Integrated Deliberative Committee for deliberation;

2. Notwithstanding the building-to-land ratios prescribed by municipal ordinances under Article 77 of the National Land Planning and Utilization Act, they shall be relaxed to the upper limit thereof prescribed by said Article and the relevant statutes or regulations;

3. Notwithstanding the floor area ratios prescribed by municipal ordinances under Article 78 of the National Land Planning and Utilization Act, they shall be relaxed to the upper limit thereof prescribed by said Article and the relevant statutes or regulations;

4. Restrictions on the number of floors of buildings under Article 2(2) of the Building Act shall be relaxed as prescribed by Presidential Decree.

(2) In order to ensure the smooth construction of publicly-funded private rental housing in a promotion district, the designation authority shall apply the following lenient standards within the scope prescribed by Presidential Decree, notwithstanding the relevant provisions set out below: <Amended on Jan. 19, 2016; Jan. 16, 2018>

1. Restrictions on landscaping of building sites, height of buildings, etc. under Articles 42, 60, and 61 of the Building Act;

2. Standards for the securement of urban parks or greenbelts under Article 14 of the Act on Urban Parks and Green Areas;

3. Housing construction standards under Article 35 of the Housing Act.

(3) Where a district-unit plan is modified to construct publicly-funded private rental housing on the land developed by the State, a local government, the Korea Land and Housing Corporation, or a local government-invested public corporation, paragraphs (1) and (2) shall apply even where no promotion district is designated. <Amended on Jan. 16, 2018>

[Title Amended on Jan. 16, 2018]

Article 39-2(Completion inspection) #

(1) Where a project implementer completes construction works for a project for developing a promotion district, he or she shall prepare a construction completion report and undergo a completion inspection by the head of the Si/Gun/Gu, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, where a project implementer is the Korea Land and Housing Corporation, or a local government-invested public corporation, the authority of completion inspection granted to the head of the Si/Gun/Gu may be entrusted to the Korea Land and Housing Corporation or the relevant local government-invested public corporation.

(2) The head of a Si/Gun/Gu may request a State agency, local government, or the head of a public institution which will acquire or manage the public facilities included in details of a construction completion report (including infrastructure prescribed in Article 28(2)) to participate in a completion inspection. In such cases, the head of an institution or organization shall comply with such request except in an extenuating circumstance.

(3) Where a completion inspection shows that the project for the construction of publicly- funded private rental housing is completed in accordance with an implementation plan, the head of a Si/Gun/Gu shall issue a certificate for completion inspection to the project implementer; and where an inspection shows that the construction is not completed in accordance with the implementation plan, he or she shall, without delay, issue an order to take necessary measures, such as supplementary construction.

(4) Where a project implementer has undergone a completion inspection, he or she shall be deemed to have undergone a completion inspection or authorization for completion for the relevant project in accordance with the authorization, permission, etc. deemed granted under Article 29.

(5) Except as provided in paragraphs (1) through (4), matters necessary for undergoing completion inspection, such as public notice of construction completion, procedures for applying for completion inspection and other matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

[This Article Added on Jan. 16, 2018]

Article 42(Supply of private rental housing) #

(1) A rental business entity shall supply private rental housing in accordance with the following standards on the eligibility and selection methods of lessees, etc.: <Amended on Jan. 16, 2018; Aug. 18, 2020; Dec. 3, 2024>

1. In cases of publicly-funded private rental housing: Based on standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport to ensure residential stability for those entitled to residential support;

2. In cases of long-term private rental housing and short-term private rental housing: Based on the standards prescribed by a rental business entity.

(2) A lessee of publicly-funded private rental housing shall meet the eligibility prescribed by Decree of the Ministry of Land, Infrastructure and Transport; and shall not obtain publicly-funded private rental housing by fraud or other improper means. <Amended on Jan. 16, 2018>

(3) Articles 20, 54, and 57 through 63, 64 and 65 of the Housing Act shall not apply to the supply of private rental housing; provided, some of the provisions may apply as prescribed by Decree of the Ministry of Land, Infrastructure and Transport in order to facilitate the process of recruiting and managing lessees, including checking eligibility of lessees. <Added on Jan. 16, 2018; Apr. 23, 2019>

(4) Where a rental business entity which has constructed or purchased at least 30 units of private rental housing supplies the private rental housing for the first time, he or she shall file a report thereon to the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. <Added on Jan. 17, 2017; Jan. 16, 2018>

(5) Upon receiving a report on supplying publicly-funded private rental housing under paragraph (4), the head of a Si/Gun/Gu shall review the details and accept it if it deems the report complies with this Act. <Added on Jun. 9, 2020>

(6) The head of a Si/Gun/Gu shall notify the reporting person of whether his or her report on supplying long-term private rental housing or short-term private rental housing is accepted within seven days of receiving the report under paragraph (4). <Added on Jun. 9, 2020>

(7) Where the head of a Si/Gun/Gu fails to notify the reporting person of receipt of a report or of an extension of the processing period under statutes or regulations related to treatment of civil petitions within a period specified in paragraph (6), the report shall be deemed received on the day following the expiry date of such period (referring to the relevant processing period if the processing period is extended or re-extended pursuant to statutes or regulations related to treatment of civil petitions). <Added on Jun. 9, 2020>

Article 42-4(Requests for verifying eligibility of lessees) #

(1) A rental business entity may request the Minister of Land, Infrastructure and Transport to verify the eligibility of a lessee in accordance with Articles 42-5 through 42-7, if necessary for verifying the eligibility of a lessee. <Added on Apr. 23, 2019>

(2) Where the Minister of Land, Infrastructure and Transport deems it necessary to verify the eligibility of a lessee, as requested by a rental business entity under paragraph (1), for the residential stability, etc. of a lessee, he or she may request the lessee, etc. to submit a written consent necessary to receive the following information or data: <Amended on Apr. 23, 2019>

1. Data or information regarding the balance, installment, and amount paid of deposits, installment deposits, savings and the value of securities or certificates of financial assets such as securities among data or information regarding financial assets and financial transactions under subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality (hereinafter referred to as "financial information, etc.");

2. Data on obligation and delinquency out of credit information prescribed in subparagraph 1 of Article 2 of the Credit Information Use and Protection Act (hereinafter referred to as "credit information");

3. Premiums paid for insurance policies referred to in the subparagraphs of Article 4 of the Insurance Business Act, refunds, and amount paid (hereinafter referred to as "insurance information").

(3) Where the Minister of Land, Infrastructure and Transport requests the submission of written consent pursuant to paragraph (2), the relevant lessee, etc. shall submit written consent. <Added on Apr. 23, 2019>

(4) Matters necessary for the methods of requesting verification, methods of obtaining consent, procedures therefor, etc. under paragraphs (1) through (3), and specific data or information shall be prescribed by Presidential Decree. <Amended on Apr. 23, 2019>

[This Article Added on Jan. 16, 2018]

[Title Amended on Apr. 23, 2019]

Article 42-5(Provision of financial information) #

(1) Notwithstanding Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(1) of the Credit Information Use and Protection Act, the Minister of Land, Infrastructure and Transport may request the head of a financial institution, etc. (referring to financial companies, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and credit information collection agency under Article 25 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, credit information or insurance information (hereinafter referred to as "financial information, etc.") by written consent submitted by a lessee, etc., in electronic form, a switch from paper form, if it is deemed necessary to verify the eligibility of a lessee under Article 42-4(2). <Amended on Apr. 23, 2019>

(2) The head of a financial institution, etc. in receipt of a request for provision of financial information, etc. under paragraph (1) shall provide relevant financial information, etc. of the title holder, notwithstanding Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(1) and (3) of the Credit Information Use and Protection Act.

(3) The head of a financial institution, etc. which has provided financial information, etc. under paragraph (2) shall notify the title holder of the fact that the financial information, etc. has been provided; provided, where the title holder gives consent, the head of a financial institution, etc. need not provide notification, notwithstanding Article 4-2(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 35 of the Credit Information Use and Protection Act.

(4) Financial information, etc. under paragraphs (1) and (2) shall be requested and provided via the information and communications network under Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; provided, this shall not apply in extenuating circumstances, such as where the information and communications network malfunctions.

(5) Requests for, and provision of, financial information, etc. under paragraphs (1), (2), and (4) and other necessary matters shall be prescribed by Presidential Decree.

[This Article Added on Jan. 16, 2018]

Article 43(Mandatory rental periods and transfers) #

(1) A rental business entity shall continue to lease a private rental house from the time prescribed by Presidential Decree, such as the date of registration as a rental business entity, until a period under subparagraph 4, 5, or 6-2 of Article 2 (hereinafter referred to as "mandatory rental period"), and shall not transfer it before the expiration of such period. <Amended on Aug. 18, 2020; Sep. 14, 2021; Dec. 3, 2024>

(2) Notwithstanding paragraph (1), a rental business entity may transfer a private rental house to another rental business entity after filing a report thereon with the head of the competent Si/Gun/Gu even during the mandatory rental period, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. In such cases, the transferee shall succeed to the transferor's status as a rental business entity by the universal title of the transferor, and such purport shall be specified in the acquisition contract.

(3) Where a rental business entity intends to transfer a private rental housing after the mandatory rental period expires, he or she shall report to the head of a Si/Gun/Gu as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. In such cases, the latter part of paragraph (2) shall apply where the transferee registers as a rental business entity. <Amended on Jun. 9, 2020>

(4) Notwithstanding paragraph (1), where a rental business entity falls under any of the following cases, he or she may discontinue leasing and cancel the registration or transfer such private rental house to a person who is not a rental business entity, with approval from the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree even during the mandatory rental period: <Amended on Aug. 18, 2020>

1. Where he or she is unable to continue to lease a private rental house due to bankruptcy, insolvency, or any other financial condition, etc. prescribed by Presidential Decree;

2. Where he or she sells any of the houses he or she originally intended to continue to lease for at least 20 years under Article 21-2(1)4 after 10 years of lease to raise operating expenses, etc. necessary for continuing to lease publicly-funded private rental housing for at least 20 years;

3. Where he or she cancels registration pursuant to Article 6(1)11.

(5) Where a rental business entity files a report to transfer a private rental house to another rental business entity during a mandatory rental period under paragraph (2) or a publicly-funded private rental house after the mandatory rental period expires under paragraph (3), the head of a Si/Gun/Gu shall review the details of the report and accept it if it conforms with this Act. <Added on Jun. 9, 2020; Aug. 18, 2020>

(6) A rental business entity may transfer a long-term private rental housing and short-term private rental housing reported pursuant to paragraph (3) and a publicly-funded private rental housing for which a report is accepted under paragraph (5). <Added on Jun. 9, 2020; Aug. 18, 2020; Dec. 3; 2024>

Article 44(Rents) #

(1) Where a rental business entity leases out a private rental house, the initial rent (including rental security deposit and monthly rent; hereinafter the same shall apply) shall be as follows: <Amended on Apr. 23, 2019; Aug. 18, 2020; Dec. 3, 2024>

1. Publicly-funded private rental housing: Rents determined by the rental business entity according to standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport to ensure residential stability for those entitled to residential support and the like;

2. Long-term private rental housing and short-term private rental housing: Rents determined by the rental business entity; provided, the rents prescribed by the previous rental agreement where there is an existing rental agreement (hereinafter referred to as "previous rental agreement") as at the time the private rental house is registered under Article 5.

(2) Where a rental business entity requests rent increase during the rental period, he or she shall charge rent at a rate not exceeding five percent of the rent, with a rate of increase not exceeding that prescribed by Presidential Decree, taking into account the house price index, fluctuations of rental rates in the adjacent area, number of rental households, etc. <Amended on Jan. 16, 2018; Aug. 14, 2018; Apr. 23, 2019>

(3) A rental business entity shall not charge increased rent under paragraph (2) within one year from the conclusion of a rental agreement or agreed rent increase. <Added on Aug. 14, 2018>

(4) The applicable standards for mutual conversion of rental security deposit and monthly rents when a rental business entity requests an increase in rents pursuant to paragraph (2) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Jan. 16, 2018; Aug. 14, 2018>

(5) A rental business entity may receive rent in cash or by credit card, debit card or pre-paid card under Article 2 of the Specialized Credit Finance Business Act. <Added on Dec. 18, 2018>

Article 49(Guarantee for rental security deposit) #

(1) A rental business entity (including a person who intends to be registered as a rental business entity under Article 5(1); hereafter in this Article, the same shall apply) shall purchase a guarantee for rental security deposit when leasing out any of the following private rental housing: <Amended on Apr. 23, 2019; Aug. 18, 2020; Jun. 1, 2023>

1. Privately constructed rental housing;

2. Buy-to-rent private housing leased out after getting a preferred supply of all housing units sold in lots under Article 18(6);

3. Buy-to-rent private housing (excluding buy-to-rent private housing falling under subparagraph 2) which leases out housing units of such number, not less than 100, as prescribed by Presidential Decree within the same housing complex;

4. Buy-to-rent private housing other than those prescribed in subparagraphs 2 and 3.

(2) In purchasing a guarantee under paragraph (1), the amount of guarantee coverage shall be the full amount of rental security deposit; provided, where a rental business entity recruits lessees before receiving an inspection for use, the amount of guarantee coverage from the date of recruitment of lessees until the date of receiving the inspection for use shall be the amount obtained by deducting the amount of rental security deposit to be paid after receiving the inspection for use from the amount of rental security deposit. <Amended on Jan. 17, 2017>

(3) Notwithstanding paragraph (2), in cases falling under all of the following, the guarantee coverage may be in such amount prescribed by Presidential Decree, not less than the value of security rights plus the aggregate of rental security deposits minus the amount equivalent to 60/100 of the housing price. In such cases, the method of calculating the housing price shall be prescribed by Presidential Decree: <Amended on Apr. 23, 2019; Sep. 14, 2021>

1. Where revolving mortgage is separately established for each housing unit (where a revolving mortgage is established on a housing complex, the joint security for the mortgage may be canceled and registration of the alteration of the mortgage which reduces the maximum amount of related claims may be made);

2. Where the rental business entity has cleared restricted real rights (excluding revolving mortgage separately established for each housing unit under subparagraph 1), seizure, provisional seizure, provisional disposition, etc. taking priority over the rental security deposit;

3. Where the right to lease on a deposit basis has been established or where the lessee has met the requirements for opposing power or has obtained the fixed date pursuant to Article 3-2(2) of the Housing Lease Protection Act;

4. Where the lessee has consented to have the amount prescribed by Presidential Decree covered by guarantee pursuant to the former part, with the exception of the subparagraphs, of this paragraph;

5. Other cases prescribed by Presidential Decree, which are similar to the cases described in subparagraphs 1 through 4.

(4) A rental business entity shall purchase a guarantee under paragraph (1) before the following dates and shall maintain the subscription until the date the registration of the rental business entity is canceled pursuant to Article 6: <Amended on Jan. 17, 2017; Apr. 23, 2019; Aug. 18, 2020; Sep. 14, 2021; Jun. 1, 2023>

1. Private rental housing falling under paragraph (1)1 and 2: The date of filing an application for a pre-use inspection or approval for temporary use under Article 49 of the Housing Act or an application for approval for use or temporary use under Article 22 of the Building Act; provided, in cases of recruiting lessees before filing an application, the purchase of a guarantee shall be made before the date of recruitment;

2. Where there is a rental agreement existing on the date of registration, from among private rental housing except for those specified in subparagraph 1: The date of filing an application for registration of the private rental housing;

3. Where there is no rental agreement existing on the date of registration, from among private rental housing except for those specified in subparagraph 1: The date the first rental agreement commences after the date of registration of the private rental housing.

(5) A rental business entity may pay the fee for a guarantee under paragraph (1) in installments by recalculating the fee on a yearly basis; and where he or she fails to pay the recalculated guarantee fee to a company providing such guarantee even after one year has passed from the date of purchasing the guarantee, the company may terminate the guarantee contract; provided, this shall not apply where the relevant lessee pays the guarantee fee. <Amended on Jun. 1, 2023>

(6) Where a rental business entity purchases a guarantee for rental security deposit pursuant to paragraph (1), or terminates a guarantee contract pursuant to paragraph (5), the company providing such guarantee shall inform the head of a Si/Gun/Gu of the fact that the guarantee is purchased or the guarantee contract is terminated, and submit the relevant data. In such cases, the head of the Si/Gun/Gu shall provide the Minister of Land, Infrastructure and Transport with the relevant data, as prescribed by Presidential Decree. <Added on Aug. 18, 2020; Sep. 14, 2021>

(7) Notwithstanding paragraph (1), a rental business entity need not purchase a guarantee for rental security deposit in any of the following cases: <Amended on Sep. 14, 2021>

1. Where the rental deposit is not more than the amount under Article 8(3) of the Housing Lease Protection Act and the lessee has consented not to purchase the guarantee for rental security deposit;

2. Where a rental business entity concludes a rental agreement with a public housing project operator that leases existing homes under Article 45-2 of the Special Act on Public Housing, and the relevant public housing project operator takes measures necessary for the collection of rental security deposits, such as purchase of a guarantee;

3. Where the lessee has purchased a guarantee, which guarantees the return of deposit money, operated by the company providing such guarantee or any equivalent institution, and the rental business entity has fully paid the guarantee fee to the lessee.

(8) Where a rental business entity has purchased a guarantee for rental security deposit in accordance with paragraph (1), the company providing guarantee shall not oppose against the lessee by terminating or canceling the guarantee for the relevant rental security deposit if there is no cause attributable to the lessee even where there has been fraud, intentional act or gross negligence. <Amended on Jan. 14, 2025>

(9) A company providing guarantee shall separately manage a rental business entity who meets the requirements for cancellation under Article 6(1)12-2 (hereafter referred to as "rental business entity who does not return security deposits" in this Article) among rental business entities who have purchased a guarantee for rental security deposit in accordance with paragraph (1), and shall ensure that the rental business entity who does not return security deposits does not additionally purchase a guarantee for rental security deposit in accordance with paragraph (1); provided, this shall not apply in cases prescribed by Presidential Decree, such as where the rental business entity has obtained authorization of the court's repayment plan or is fulfilling its obligations in accordance with the relevant authorization plan. <Amended on Jan. 14, 2025>

(10) A company providing guarantee may share information, etc. necessary for identifying a rental business entity who fails to return deposits in order not to additionally purchase a guarantee for rental security deposit in accordance with the main sentence of paragraph (9), and other matters necessary for the scope, procedures, etc. for specific information sharing shall be prescribed by Presidential Decree. <Amended on Jan. 14, 2025>

(11) Matters necessary for the methods of paying a guarantee fee to purchase a guarantee under paragraph (1), the apportion ratio of incurred expenses, scope of rental security deposit to be covered by the guarantee, and the purchase and maintenance of, and withdrawal from, the guarantee shall be prescribed by Presidential Decree. <Added on Jan. 14, 2025>

Article 51(Management of private rental housing) #

(1) Matters necessary for the preparation, keeping, and other management of financial statements relating to privately constructed rental housing and buy-to-rent private housing prescribed by Presidential Decree shall be governed by the Multi-Family Housing Management Act, as prescribed by Presidential Decree. <Amended on Aug. 28, 2015>

(2) Where the scale of private rental housing exceeds the scale prescribed by Presidential Decree, such as multi-family housing with not less than 300 households, a rental business entity shall entrust the management thereof to a housing management business entity defined in Article 2(1)15 of the Multi-Family Housing Management Act or perform in-house management thereof. <Amended on Aug. 28, 2015>

(3) Where a rental business entity intends to perform in-house management of private rental housing pursuant to paragraph (2), he or she shall have necessary technical personnel and equipment prescribed by Presidential Decree and obtain approval from the head of the competent Si/Gun/Gu, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(4) Where a rental business entity (including at least two rental business entities) manages private rental housing in the same Si (including the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, and a Special Self-Governing Province) or Gun, he or she may manage such housing jointly, as prescribed by Presidential Decree.

(5) A private rental business entity may collect fees from lessees to cover expenses incurred in the management of private rental housing, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(6) A private rental business entity may pay expenses incurred in maintaining, managing, and operating private rental housing (hereinafter referred to as "advance management expenses") until the relevant lessee makes the first payment of expenses incurred in managing the private rental housing, as prescribed by Presidential Decree. <Added on Aug. 16, 2023>

Article 52(Council of lessees' representatives) #

(1) Lessees who live in a multi-family housing complex where a rental business entity supplies private rental housing in a number exceeding the number of households prescribed by Presidential Decree within at least 20 households may organize a council of lessees' representatives; provided, lessees who take occupancy in a multi-family housing complex prescribed by Presidential Decree among multi-family housing complexes, in which at least 150 units are supplied in the form of private rental housing, shall organize a council of lessees’ representatives. <Amended on Aug. 14, 2018>

(2) When more than half of the expectant occupants have taken occupancy in rental houses, the rental business entity shall notify the lessees who have taken occupancy in the rental houses of the current status of occupancy and the fact that they can or shall organize a council of lessees' representatives, within 30 days from the date a majority of lessees have taken occupancy in the rental houses; provided, where the rental business entity fails to give notice as provided for in the main clause, the head of the competent Si/Gun/Gu may notify the lessees to enable them to form a council of lessees' representatives. <Amended on Aug. 14, 2018>

(3) Where a lessee who shall organize a council of lessees’ representatives under the proviso of paragraph (1) fails to do so, a rental business entity shall assist him or her in organizing a council of lessees’ representatives as prescribed by Presidential Decree. <Added on Aug. 14, 2018>

(4) When a council of lessees' representatives is organized under paragraph (1), a rental business entity shall consult with the council on the following matters: <Amended on Aug. 14, 2018>

1. Formulating and revising the management regulations for the private rental housing;

2. Management expenses;

3. Maintaining and repairing common areas, incidental facilities, and welfare facilities of the private rental housing;

4. Increasing and decreasing rents;

5. Other matters prescribed by Presidential Decree as necessary for maintaining, repairing, managing, etc. the private rental housing.

(5) Matters necessary for organizing, operating, etc. a council of lessees' representatives under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Aug. 14, 2018>

Article 55(Rental housing dispute mediation committee) #

(1) The head of a Si/Gun/Gu shall organize a rental housing dispute mediation committee (hereinafter referred to as "mediation committee") with persons who have abundant knowledge of and experience in rental housing (referring to private rental housing and public rental housing; hereinafter the same shall apply). <Amended on Jan. 17, 2017>

(2) A mediation committee shall consist of not more than 10 members, including one chairperson, and matters necessary for operating a mediation committee as well as other procedural matters, shall be prescribed by Presidential Decree. <Amended on Aug. 14, 2018>

(3) The head of the relevant local government shall serve as the chairperson.

(4) Members other than the chairperson shall be appointed or commissioned by the head of a relevant Si/Gun/Gu from among any of the following persons; at least one person shall be chosen for each subparagraph; and at least six of the members shall be other than public officials: <Added on Aug. 14, 2018>

1. Those majoring in laws, economics, real estate, and other academics related to housing and with at least one year's experience working as an assistant professor at the schools prescribed in subparagraph 1, 2 or 5 of Article 2 of the Higher Education Act;

2. Lawyers, certified public accountants, certified public appraisers, or tax accountants, with at least one year’s experience in business affairs related to the relevant qualifications;

3. Those with at least three years’ experience as a housing manager after acquiring qualifications under Article 67(2) of the Multi-Family Housing Management Act;

4. Public officials of at least Grade V performing affairs related to authorization, permission, etc. for private rental housing or public rental housing in the State or other local governments and who are recommended for membership by the head of a relevant institution; or public officials of at least Grade V performing affairs related to authorization, permission, etc. for private rental housing or public rental housing at a relevant local government;

5. An executive officer or employee of the Korea Land and Housing Corporation or a local government-invested public corporation who engages in business affairs related to private rental housing or public rental housing and who is recommended by the head of the relevant corporation;

6. Those recommended by a civic group or consumer group related to rental housing.

(5) Members who are not public officials shall serve a term of two years, and such term may be renewed only twice. <This Article Added on Aug. 14, 2018>

Article 60(Rental housing information system) #

(1) The Minister of Land, Infrastructure and Transport may build and operate a rental housing information system (hereinafter referred to as the "Information System") for the purposes of enabling people to have easy access to information on rental housing, enhancing the relevant statistical accuracy and using it for real estate policies or the like. <Amended on Aug. 18, 2020>

(2) The head of a Si/Gun/Gu and a public housing business entity shall provide the Minister of Land, Infrastructure and Transport with data prescribed by Presidential Decree, including data on rental housing, rental business entities (including project implementers), lessees (limited to public rental housing), and rental agreements, in accordance with the procedures and methods prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(3) In order to enhance the accuracy of the data on rental housing registered on the Information System and statistics of rental housing, the Minister of Land, Infrastructure and Transport may request the head of any relevant institution to provide data prescribed by Presidential Decree, such as resident registration, national taxes, and local taxes. In such cases, the head of the relevant institution shall examine the purpose and method of the use of the data, the safety of the use of the data, etc. and comply with such request in the absence of good cause to the contrary. <Added on Dec. 26, 2017>

(4) The head of a local government may utilize data provided by the Information System in order to manage rental housing efficiently. In such cases, the Minister of Land, Infrastructure and Transport may limit the types and content of information to be provided if any extraordinary circumstance exits for the operation of the Information System or when such limitation is deemed necessary to protect personal information. <Amended on Dec. 26, 2017>

(5) No person currently or formerly engaged in affairs described in paragraphs (1) through (4), shall use any information or data he or she has received pursuant to paragraphs (2) through (4) for any purpose other than that provided for in this Act, or provide or divulge such information or data to any other person or institution; provided, if otherwise provided in other statutes, he or she may provide the information or data received under paragraphs (2) through (4). <Amended on Dec. 26, 2017; Aug. 18, 2020>

(6) In using information contained in the Information System pursuant to this Act, the Minister of Land, Infrastructure and Transport shall protect the information in order not to breach the privacy of individuals. <Added on Aug. 18, 2020>

(7) Matters necessary for building and operating the Information System shall be prescribed by Presidential Decree. <Amended on Dec. 26, 2017; Aug. 18, 2020>

Article 60-2(Disclosure of rental business entities who fail to fulfill obligation to return security deposit) #

(1) Where a deposit not returned by a rental business entity is at least 100 million won, although six months have passed since the head of a Si/Gun/Gu cancels the registration of the rental business entity under Article 6(1)12, the Minister of Land, Infrastructure and Transport may make the following information public for three years through information and communications networks defined in Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, such as the website of the Ministry of Land, Infrastructure and Transport; provided, this shall not apply where the rental business entity has died or any other ground prescribed by Presidential Decree exists:

1. The name or title of the rental business entity whose registration has been canceled, and the registration number of the rental business entity;

2. The location of the rental housing for which registration has been canceled;

3. The reasons for the cancellation of the registration of the rental business entity and the date of cancellation.

(2) The head of a Si/Gun/Gu who has canceled the registration of a rental business entity pursuant to Article 6(1)12 shall submit the information specified in the subparagraphs of paragraph (1) to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

(3) Where the Minister of Land, Infrastructure and Transport intends to disclose the cancellation of registration of a rental business entity on an information and communications network pursuant to paragraph (1), he or she shall notify the relevant rental business entity thereof.

(4) A rental business entity may file a written objection with the Minister of Land, Infrastructure and Transport within one month after the date of receiving notification under paragraph (3).

(5) A Deliberation Committee for Disclosure of Information on Lessors shall be established under the Ministry of Land, Infrastructure and Transport to deliberate on whether to disclose the information specified in the subparagraphs of paragraph (1). In such cases, matters necessary for the organization, operation, etc. of the Deliberation Committee for Disclosure of Information on Lessors shall be prescribed by Presidential Decree.

(6) Where any ground prescribed by Presidential Decree arises, such as where a rental business entity returns a security deposit, the Minister of Land, Infrastructure and Transport shall delete the information specified in the subparagraphs of paragraph (1) from the information and communications network.

(7) Procedures and methods for disclosing information under paragraph (1) and the management thereof, notification under paragraph (3), procedures and methods for raising an objection under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree.

[This Article Added on Mar. 28, 2023]

Article 65(Penalty provisions) #

(1) A person who misappropriates, provides, or divulges any information or data in violation of Articles 42-7(3), 59-2(3), and 60(5), shall be punished by imprisonment with labor for at least five years or by a fine not exceeding 50 million won. <Amended on Dec. 26, 2017; Jan. 16, 2018>

(2) Any of the following persons shall be punished by imprisonment with labor for at least two years or by a fine not exceeding 20 million won: <Amended on Nov. 26, 2019; Jun. 9, 2020>

1. A person who recruits members of a cooperative without filing a report or without open invitation in violation of the proviso of Article 5-3(1);

2. A person who fails to make members deposit up-front fees, in violation of Article 5-5(1);

3. A person who fails to request refund of up-front fees, etc., in violation of Article 5-5(4);

4. A person who runs a housing rental management business without registration under Article 7 or a person who obtains registration by fraud or other improper means;

5. A person who runs a housing rental management business during the period of business suspension imposed under Article 10;

6. A housing rental management business entity who fails to purchase a guarantee instrument provided for in Article 14;

7. A housing rental management business entity who allows a third person to perform the business or affairs prescribed by this Act by using his or her name or trade name, or lends the relevant certificate, in violation of Article 16(1);

8. A person who is not a housing rental management business entity but uses the word "housing rental management business" or similar in his or her trade name, in violation of Article 16(2);

9. Deleted. <Sep. 14, 2021>

(3) Any of the following persons shall be punished by imprisonment with labor for at least one year or by a fine not exceeding 10 million won: <Amended on Jan. 17, 2017; Jan. 16, 2018>

1. A person who is designated as or replaced for a project implementer under Article 23 by fraud or other improper means;

2. A person who is engaged in construction, etc. of a building in a promotion district without obtaining permission from the head of a Si/Gun/Gu, in violation of Article 26(3), or obtains permission by fraud or other improper means;

3. A person who obtains approval of a district plan under Article 28 (including cases applied mutatis mutandis under Article 41-2) by fraud or other improper means;

4. A person who executes a project in violation of the details of the approval of a district plan or the approval of modification thereof granted under Article 28(1) (including cases applied mutatis mutandis under Article 41-2);

5. A person who is supplied with publicly-funded private rental housing in violation of Article 42(2);

6. A person who manages private rental housing in violation of Article 51.

Article 67(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 30 million won: <Added on Apr. 23, 2019; Jun. 9, 2020; Aug. 18, 2020>

1. A person who fails to lease out private rental housing during the mandatory rental period, in violation of Article 43(1);

2. A person who transfers private rental housing to a person who is not a rental business entity during the mandatory rental period without permission from the head of a Si/Gun/Gu, in violation of Article 43(4);

3. A person who fails to set the initial rent of publicly-funded private rental housing in accordance with the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport, in violation of Article 44(1)1;

4. A person who requests an increase in rent in excess of the rate of increase in rent prescribed in Article 44(2).

(2) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Jan. 17, 2017; Jan. 16, 2018; Apr. 23, 2019>

1. A rental business entity who fails to file a report, in violation of Article 42(4);

2. Deleted; <Apr. 23, 2019>

3. Deleted; <Apr. 23, 2019>

4. A rental business entity who revokes, terminates, or refuses to renew a rental agreement, in violation of Article 45;

5. A person who fails to file a report on a rental agreement provided for in Article 46 or files a false report;

6. A rental business entity who fails to use a standard form rental agreement provided for in Article 47;

7. A person who uses a quasi-housing unit for a non-residential purpose, in violation of Article 50;

8. A person who fails to accumulate, or fails to deliver to the council of occupants' representatives, the reserves for appropriations for special repairs provided for in Article 53(1) and (2).

(3) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Aug. 14, 2018; Apr. 23, 2019; Nov. 26, 2019; Jun. 9, 2020; Aug. 18, 2020>

1. A person who fails to make supplementary registration under Article 5-2;

2. A person who fails to provide explanation or to obtain confirmation regarding matters explained, in violation of Article 5-4;

3. A housing rental management business entity who fails to report a change or cancellation of any registered matter, in violation of Article 7;

4. A housing rental management business entity who fails to report current status provide for in Article 12;

5. A rental business entity who violates the obligation to provide explanation and obtain confirmation under Article 48(1) or the obligation to provide information under Article 48(2);

6. A person who refuses, interferes with, or evades to give reports or data or to receive inspections under Article 50(2), 60 or 61, or gives false reports;

7. A rental business entity who fails to consult with a council of lessees' representatives about the formulation, revision, etc. of the management regulations, in violation of Article 52(4);

8. Where no rental agreement exists as at the time of filing an application for registration under Article 5(7), a rental business entity who fails to comply with the maximum limit of the rental security deposit reported at that time of registration in a rental agreement made thereafter.

(4) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Aug. 14, 2018; Apr. 23, 2019>

1. Deleted; <Jun. 9, 2020>

2. A housing rental management business entity who neglects the obligation to prepare, issue, and keep an outsourcing contract provided for in Article 13(1) and (2);

2-2. A person who transfers private rental housing without filing a report on the transfer thereof, in violation of Article 43(2) or (3);

3. A rental business entity who fails to notify lessees that they can or shall organize a council of lessees' representatives, in violation of Article 52(2).

(5) A rental business entity who fails to purchase a guarantee for rental security deposit, in violation of Article 49, shall be subject to an administrative fine equivalent to not more than 10/100 of the rental security deposit. In such cases, where the amount exceeds 30 million won, an administrative fine of 30 million won shall be imposed. <Added on Sep. 14, 2021>

(6) Administrative fines prescribed in this Article shall be imposed and collected by the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Apr. 23, 2019; Sep. 14, 2021>

SPECIAL ACT ON PRIVATE RENTAL HOUSING

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relationship to other statutes) #

Article 4(Support by the State) #

Article 5(Registration of rental business entities) #

Article 5-2(Supplementary registration of registered private rental housing) #

Article 5-3(Report on recruitment of members of housing cooperative and open invitation) #

Article 5-4(Obligation to provide explanation when recruiting members of housing cooperatives) #

Article 5-5(Withdrawal of subscription and refund of up-front fees) #

Article 5-6(Grounds for disqualification of rental business entities) #

Article 5-7(Restrictions on additional registration of rental housing by rental business entities) #

Article 6(Cancellation of registration of rental business entities) #

Article 7(Registration of housing rental management business) #

Article 8(Criteria for registration of housing rental management business) #

Article 9(Disqualification from conducting housing rental management business) #

Article 10(Cancellation of registration of housing rental management business) #

Article 11(Scope of business of housing rental management business entities) #

Article 12(Reporting on current status of housing rental management business entities) #

Article 13(Outsourcing contracts) #

Article 14(Purchase of guarantee instruments) #

Article 15(Obligations of In-House Management Type Housing Rental Management Business Entities) #

Article 16(Prohibition of lending of registration certificates) #

Article 17(Construction of private rental housing) #

Article 18(Preferred supply of land) #

Article 19(Preferential installation of arterial facilities) #

Article 20(Special cases concerning the Act on Acquisition of and Compensation for Land for Public Works Projects) #

Article 21(Special cases concerning the National Land Planning and Utilization Act) #

Article 21-2(Supply of houses constructed based on relaxed floor area ratios) #

Article 21-3(Supply of housing constructed following changes in special-purpose areas) #

Article 22(Designation of promotion districts) #

Article 23(Project implementers) #

Article 24(Procedures for designation of promotion districts) #

Article 25(Hearing opinions of residents) #

Article 26(Public notice of designation of promotion districts) #

Article 27(Revocation of designation of promotion districts) #

Article 28(Approval of district plans) #

Article 28-2(Supervision of construction works for projects for development of promotion districts) #

Article 29(Constructive authorization and permission under other statutes) #

Article 30(Special cases concerning related statutes) #

Article 31(Special cases concerning development restriction zones) #

Article 32(Committee for integrated deliberation of publicly-funded private rental housing) #

Article 33(Special cases concerning procedures for designation of promotion districts) #

Article 34(Expropriation of land) #

Article 35(Special cases concerning construction of public support private rental housing in promotion districts) #

Article 35-2(Supply of housing resulting from relaxation of floor area ratios in promotion districts) #

Article 36(Special cases concerning the State Property Act) #

Article 37(Modification of utilization plans for previous real estate of relocated public institutions) #

Article 38(Utilization of unsold sites in completed project districts) #

Article 39(Supply of developed land) #

Article 39-2(Completion inspection) #

Article 40(Supervision) #

Article 41(Application mutatis mutandis of relevant statutes) #

Article 41-2(Application mutatis mutandis to projects outside promotion districts) #

Article 42(Supply of private rental housing) #

Article 42-2(Verification of taking occupancy of publicly-funded private rental housing and another housing unit) #

Article 42-3(Verification of eligibility of lessees) #

Article 42-4(Requests for verifying eligibility of lessees) #

Article 42-5(Provision of financial information) #

Article 42-6(Request for data) #

Article 42-7(Collection of data and information) #

Article 43(Mandatory rental periods and transfers) #

Article 44(Rents) #

Article 44-2(Claim for refund of overpaid rents) #

Article 45(Revocation and termination of rental agreements) #

Article 46(Reporting of rental agreements) #

Article 47(Standard form rental agreement) #

Article 48(Rental business entity's obligation to provide explanation) #

Article 49(Guarantee for rental security deposit) #

Article 50(Restrictions on use of quasi-housing) #

Article 50-2(Special cases concerning operation of home-based child-care centers) #

Article 51(Management of private rental housing) #

Article 52(Council of lessees' representatives) #

Article 53(Accumulation of reserves for appropriations for special repairs) #

Article 54(Special cases concerning quasi-housing) #

Article 55(Rental housing dispute mediation committee) #

Article 56(Applications for mediation of disputes) #

Article 57(Effect of mediation) #

Article 58(Establishment of association) #

Article 59(Authorization to incorporate association) #