ACT ON SPECIAL CASES CONCERNING THE PROCUREMENT OF SCHOOL SITES

Article 1(Purpose) #

The purpose of this Act is to facilitate the procurement of school sites and to facilitate the extension of existing schools in close proximity where procuring school sites is impossible by prescribing special cases concerning the creation, development and supply of school sites for public kindergartens, elementary schools, middle schools and high schools. <Amended on May 19, 2020>

[This Article Wholly Amended on Dec. 14, 2007]

Article 2(Definitions) #

The definitions of terms used in this Act are as follows: <Amended on Mar. 21, 2017; Dec. 26, 2017; May 19, 2020; Dec. 22, 2020; Dec. 20, 2024>

1. The term "school sites" means land necessary to establish school buildings, sports grounds and training fields for public kindergartens, elementary schools, middle schools and high schools, and other school facilities;

2. The term "development projects" means projects which create and develop land for housing construction of at least 300 households or construct multi-family housing (including officetels of a size prescribed by Presidential Decree, among quasi-housing defined in subparagraph 4 of Article 2 of the Housing Act; hereinafter the same shall apply), among the projects implemented under any of the following Acts:

(a) The Building Act;

(b) The Urban Development Act;

(c) The Act on the Improvement of Urban Areas and Residential Environments;

(d) The Housing Act;

(e) The Housing Site Development Promotion Act;

(f) The Industrial Sites and Development Act;

(g) The Special Act on Public Housing;

(h) The Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-Up Measures for New Administrative Capital;

(i) The Special Act on the Construction and Development of Innovation Cities;

(j) The Special Act on Designation and Management of Free Economic Zones;

(k) The Special Act on the Development of Enterprise Cities;

(l) The Special Act on the Construction and Support of Cities for the Purpose of Relocating Do Offices;

(m) The Special Act on Support for Areas, etc. Adjacent to Districts Granted to the United States Armed Forces in Korea;

(n) The Special Act on Private Rental Housing;

(o) The Special Act on Promotion of Special Research and Development Zones;

(p) The Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;

(q) The Act on Developing and Using Station's Sphere of Influence;

(r) The Special Act on Promotion of and Support for Urban Regeneration;

(s) The Regional Development Assistance Act;

(t) The Special Act on the Development of Asian Cultural Hub City;

(u) The Act on the Assistance to the Development of Small Local Towns;

(v) The Special Act on the Development of the East, West, and South Coast Areas and Inland Areas;

(w) The Special Act on the Utilization of Waterfronts;

3. The term "charges for school sites" means expenses (hereinafter referred to as "charges") collected incurred in development projects from persons implementing such development projects by the Special Metropolitan City Mayor, Metropolitan City Mayors, the Metropolitan Autonomous City Mayor, Do Governors or the Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") in order to procure school sites or to extend existing schools in close proximity where procuring school sites is impossible.

[This Article Wholly Amended on Dec. 14, 2007]

Article 3(Creation and development of school sites) #

(1) Those (hereinafter referred to as "development project implementers") who implement development projects of at least 300 households (development projects falling under Article 5 (5) 3 shall target the number of households excluding that of such development projects; reconstruction projects under subparagraph 2 (c) of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments; and small-scale reconstruction project under Article 2 (1) 3 (c) of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement shall target the number of households excluding that of existing households) shall include the matters of creation and development of school sites in the plans to be established to implement such development projects. In such cases, the provisions of Article 43 of the National Land Planning and Utilization Act concerning the standards, etc. for establishment of school facilities shall apply mutatis mutnandis to the location, scale, etc. of school sites. <Amended on Feb. 8, 2017; Mar. 21, 2017; May 19, 2020>

(2) The superintendents of offices of education of Special Metropolitan City, Metropolitan Cities, Metropolitan Autonomous City, Dos or Special Self-Governing Provinces (hereinafter referred to as "superintendents of education") shall ensure that the development project implementers of development projects with school facilities not meeting the standards for installation procure school sites of an appropriate scale in consideration of the scale of such development projects and conditions of the area; provided, such area is so small that procuring school sites of an appropriate scale is concluded as impossible, they may allow the development project implementers to procure school sites adjacent to such project sites. <Amended on Mar. 21, 2017>

(3) When development project implementers intend to develop school sites as prescribed in paragraph (1) or to procure school sites as prescribed in paragraph (2), they shall hear the opinions of the superintendents of education. In such cases, the superintendents of education shall consult with the Mayors/Do Governors on the sharing of expenses, etc., who bear 1/2 of the expenses for purchasing school sites as prescribed in Article 4 (4). <Amended on May 28, 2009>

(4) When development project plans that include the plans for the creation and development of school sites under paragraph (1) are permitted, authorized or approved, the Mayors/Do Governors or heads of Sis or Guns shall formulate, without delay, an urban/Gun management planning under Article 25 of the National Land Planning and Utilization Plan on such school sites. <Amended on Apr. 14, 2011>

Article 3-2(Notification of current status of approval of project plans) #

(1) A person authorized to grant permission or authorization for or approval of a project plan to create and develop land for housing construction of at least 30 but less than 300 households or to construct multi-family housing pursuant to the statutes falling under any item of subparagraph 2 of Article 2 shall notify the relevant superintendent of education of the current status of permission or authorization for or approval of such project plan on a quarterly basis.

(2) Methods, procedures, etc. for notifying the current status of permission or authorization for or approval of a project plan under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Added on Dec. 22, 2020]

Article 4(Procurement of school sites and sharing expenses) #

(1) The Special Metropolitan City, Metropolitan Cities, Special Self-Governing City , Dos or Special Self-Governing Province (hereinafter referred to as "Cities/Dos") that are the development project implementers, shall procure school sites under Article 3 and make them public property belonging to the special accounts of City/Do educational expenses. <Amended on Mar. 21, 2017>

(2) Development project implementers, other than Cities/Dos shall supply school sites under Article 3 to Cities/Dos, and Cities/Dos shall procure school sites and make them as public property belonging to the special accounts of City/Do educational expenses.

(3) The supply price of school sites under paragraphs (1) and (2) shall be as follows: <Amended on May 28, 2009; Jan. 19, 2016; May 19, 2020>

1. Where development project implementers in the following items perform development projects, school sites shall be supplied without compensation (for rearrangement projects under the Act on the Improvement of Urban Areas and Residential Environments, at 50/100 of the cost of creating school sites for kindergartens, elementary schools, and middle schools and at 70/100 of the cost of creating school sites for high schools, in cases of 2,000 households or more; at creation cost, in cases below 2,000 households):

(a) The State or local governments;

(b) Public institutions under Article 4 of the Act on the Management of Public Institutions;

(c) Local government-directly operated enterprises under Article 5 of the Local Public Enterprises Act;

(d) Local government-invested public corporations under Article 49 of the Local Public Enterprises Act;

(e) Local government public corporations under Article 76 of the Local Public Enterprises Act;

2. The supply price of school sites supplied by development project implementers, other than the development project implementers under the items of subparagraph 1, shall be the based on the appraisal under subparagraph 2 of Article 2 of the Act on Appraisal and Certified Appraisers.

(4) Expenses incurred by Cities/Dos in procuring school sites shall be borne one-half by the general accounts and special accounts of charges for school sites under Article 5-4 of Cities/Does of Cities/Dos and one-half by the special accounts of Cities/Dos educational expenses, respectively. <Amended on Mar. 21, 2017>

Article 4-2(Special cases to school facilities) #

(1) Where development project implementers under the items of Article 4 (3) 1 perform development projects which have to supply school sites without compensation in the Seoul Metropolitan area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act, they shall install and supply school facilities including small parks and landscaped green areas to City/Do offices of education without compensation as public property belonging to the special accounts of City/Do educational expenses.

(2) Development project implementers installing school facilities as prescribed in paragraph (1) shall consult with the superintendents of education concerning the number and scale of schools, small parks, landscaped green areas to be installed in the school sites, time to open schools, expenses to establish schools, etc.

(3) Notwithstanding Article 14 (2) of the Act on Urban Parks, Green Areas, Etc., development project implementers installing school facilities as prescribed in paragraph (1) may procure an area obtained by subtracting a maximum of 1/100 of the area of development projects from the standard areas under the same paragraph as urban parks or green areas.

(4) The development gains earned while urban parks and green areas shrink as prescribed in paragraph (3) shall be used for expenses to install school facilities.

(5) Where school facilities are installed as prescribed in paragraph (1) and the expenses thereof exceed the development gains under paragraph (4), the difference shall be determined through consultation under paragraph (2) and be borne by the superintendents of education.

(6) Where development project implementers who do not supply school facilities without compensation as prescribed in paragraph (1) install and supply school facilities without compensation, the provisions of paragraphs (2) through (4) shall apply mutatis mutandis.

[This Article Added on May 28, 2009]

Article 5(Imposition and collection of charges) #

(1) The Mayors/Do Governors may impose and collect charges from those who develop land to construct detached housing and sell in parcels or who sell multi-family housing in parcels within the development project areas (hereinafter referred to as "person who sells multi-family housing in parcels, etc."); provided, in cases of development projects falling under any of the following subparagraphs, this shall not apply: <Amended on Dec. 14, 2007; Jan. 20, 2015; Jan. 19, 2016; Feb. 8, 2017; Mar. 21, 2017; May 19, 2020>

1. Where housing sites for relocation or houses for relocation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects therefor are sold in parcels;

2. Where rental houses are sold in parcels;

3. Where the number of household in the relevant urban development zone has not increased after the implementation of an urban development project under Article 2 (1) 2 of the Urban Development Act;

4. Cases of residential environment improvement projects under subparagraph 2 (a) of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments;

5. Where the number of household in the relevant rearrangement project area and project zone has not increased after the implementation of a rearrangement project under subparagraph 2 (b) through (c) of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments and a small-scale reconstruction project under Article 2 (1) 3 (b) and (c) of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;

6. Where the aforementioned are sold in parcels to the constituent members of remodeling housing associations under subparagraph 11 (c) of Article 2 of the Housing Act.

(2) Where a person who sells multi-family housing in parcels, etc. has sold land to construct detached housing or multi-family housing, he or she shall submit sales materials such as details of contractors for selling and supplying and contracts for selling and supplying to the relevant Mayor/Do Governor by the deadline prescribed by Presidential Decree. <Added on Mar. 21, 2017>

(3) Upon receipt of sales materials under paragraph (2), the relevant Mayor/Do Governor shall immediately issue a payment notice, on which the amount of charges, payment deadline, payment method and place of payment, etc. are written, to the relevant person who sells multi-family housing in parcels, etc. <Added on Mar. 21, 2017>

Article 5-2(Standards for calculating charges) #

(1) The charges under Article 5 (1) shall be imposed on the basis of price of sale in parcels in the case of multi-family housing; on the basis of price of sale in parcels of sites for detached housing in the case of land on which to construct detached housing.

(2) The charges under paragraph (1) shall be calculated according to the standards in the following subparagraphs: <Amended on May 28, 2009; May 19, 2020; Dec. 20, 2024>

1. Multi-family housing: Price of sale in parcels of multi-family housing by household × 4/1,000;

2. Land to construct detached housing on: Price of sale in parcels of sites for detached housing × 14/1,000.

[This Article Wholly Amended on Dec. 14, 2007]

Article 5-3(Compulsory collection of charges) #

(1) If persons obliged to pay charges fail to pay charges by the relevant deadline, the Mayors/Do Governors shall issue a reminder notice within ten days from such deadline. In such cases, the new deadline shall be ten days after the date such reminder is issued.

(2) If persons obliged to pay charges fail to pay charges by the deadline under the former part of paragraph (1), the Mayors/Do Governors may collect the charges in arrears calculated by adding an amount equivalent to 1/1,000 of the charges in arrears for each day from the date on which the deadline for payment expires. In such cases, the additional charges shall not exceed 30/1,000 of the charges in arrears. <Amended on Mar. 21, 2017; Mar. 24, 2020>

(3) If persons obliged to pay charges fail to pay charges and additional charges by the specified deadline, the Mayors/Do Governors may collect them in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Mar. 24, 2020>

[This Article Wholly Amended on Dec. 14, 2007]

Article 5-4(Formulation of special accounts of charges for school sites) #

(1) Cities/Dos shall formulate special accounts of charges for school sites (hereinafter referred to as "special account" in this Article) to raise expenses as necessary for procurement, etc. of school sites, and appropriately manage charges.

(2) The Mayors/Do Governors shall manage and operate special accounts.

(3) The revenue of special accounts shall be as follows:

1. Charges imposed and collected under Article 5 (1);

2. Additional charges imposed and collected under Article 5-3 (2);

3. Other financial resources determined by Ordinance of the relevant City/Do.

(4) The expenditures of special accounts shall be as follows:

1. Expenditures to be borne for procurement of school sites under Article 4 (4);

2. Expenditures to extend schools under Article 6 (2);

3. Refund for overpayment or erroneous payment of charges;

4. Expenses to be spent for imposition and collection of charges;

5. Other matters determined by Ordinance of the relevant City/Do, which are necessary to procure school sites or appropriately manage charges.

(5) The Mayors/Do Governors shall notify the operating status of special accounts to the Minister of the Interior and Safety as prescribed by Presidential Decree, and the Minister of the Interior and Safety shall notify the Minister of Education of the details which he or she is notified. <Amended on Jul. 26, 2017; Dec. 20, 2024>

(6) Necessary matters for formulation, operation and management of special account, etc. shall be determined by Ordinance of the relevant City/Do.

[This Article Added on Mar. 21, 2017]

Article 6(Financial resources for expenses to be borne by cities/dos) #

(1) The Cities/Dos may raise expenses to be borne under Article 4 (4) by City/Do general accounts to procure school sites from the financial resources in the following subparagraphs under Article 4 (4): <Amended on Mar. 21, 2017>

1. Tax amount determined by Presidential Decree from local taxes imposed and collected in areas where development projects are implemented;

2. Amount determined by Presidential Decree among development charges imposed and collected in the development project areas in accordance with the Restitution of Development Gains Act;

3. Deleted; <Mar. 21, 2017>

4. Deleted. <May 28, 2009>

(2) Where school sites cannot be secured under paragraph (1) and paragraph (2) of Article 4, the expenses necessary to extend a nearby school shall be borne by the general accounts of the City/Do and the special accounts of charges for school sites under Article 5-4 for one-half, and by the special accounts for educational expenses of the City/Do for one-half, respectively. <Amended on Mar. 21, 2017, Dec. 20, 2024>

(3) A Mayor/Do Governor shall enter the amounts borne under paragraph (2) in the budgets of the general accounts of the City/Do and the special accounts of charges for school sites under Article 5-4, and shall transfer them to the special accounts for educational expenses of the City/Do within the following fiscal year from the time when the superintendent of education makes a request for transfer. <Added on Dec. 20, 2024>

[This Article Wholly Amended on Dec. 14, 2007]

Article 7(Creation, development of national and public land as school sites) #

(1) Where national land which is general property or public land exists in an area where development projects are implemented at the time when development project plans are approved, the State and local governments may create, develop, and procure it as school sites, or concede it to development project implementers notwithstanding Article 55 of the State Property Act and Article 40 of the Public Property and Commodity Management Act. <Amended on Jan. 30, 2009; May 28, 2009; Mar. 24, 2020>

(2) The size of national land and public land to be procured as school sites or to be conceded to development project implementers as prescribed in paragraph (1) shall be as needed for school sites, and the proportion of national land and public land shall be the rate of size of national land which is general property and size of public land. <Amended on Jan. 30, 2009; Mar. 24, 2020>

(3) Where development project implementers procure or supply school sites as prescribed in Article 4, and if national land and public land under paragraph (1) exist with regard to such development projects, the price of such national land and public land shall be deducted from the expenses needed to procure such school sites or from the price of school sites being supplied. In such cases, the price of national land and public land shall be calculated by applying mutatis mutandis the provisions of Articles 67 (1), 70, 71, 74 through 77, and 78 (5) through (7) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects therefor.

[This Article Wholly Amended on Dec. 14, 2007]

Article 7-2(Transfer of existing school sites) #

Where a development project implementer supplies school sites free of charge pursuant to Article 4 (3) 1 in the Seoul Metropolitan Area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act, local governments may transfer the school sites for existing public schools or closed public schools in development project areas to the development project implementer within the scope of costs borne by them.

[This Article Added on Mar. 24, 2020]

Article 8(Mitigating application of standards for school facilities) #

The standards for school sites, such as the standards, etc. for facilities of public kindergartens, elementary schools, middle schools, and high schools in areas where development projects are implemented may be applied after mitigation in consideration of the conditions of such areas, as prescribed by Presidential Decree. <Amended on May 19, 2020>

[This Article Wholly Amended on Dec. 14, 2007]

Article 8-2(Cancellation of use of school sites which are not used for long time) #

(1) Where school sites included in a development project plan have been unused for a long time and the additional inflow of students does not exist in the surrounding areas, a development project implementer may apply for the cancellation of the use of school sites to a person authorized to formulate urban or Gun management plans under Article 24 of the National Land Planning and Utilization Act.

(2) The Minister of Education may prepare and publicly notify guidelines necessary for handling affairs concerning the cancellation of use of school sites.

(3) The National Land Planning and Utilization Act shall apply mutatis mutandis to the procedures, etc. for canceling the use of school sites.

[This Article Added on Mar. 24, 2020]

Article 9(Delegation of authority) #

(1) The Mayors/Do Governors may delegate duties concerning the imposition and collection of charges under Article 5 to the heads of Sis, Guns and Gus (refers to the heads of autonomous Gus), as prescribed by Municipal Ordinance of such Cities/Dos.

(2) The superintendents of education may delegate duties concerning the procurement of adjacent school sites under Article 3 and concerning the expression of opinions of the superintendents of education to the heads of Si/Gun/Gu offices of education, as prescribed by the relevant educational regulations.

[This Article Wholly Amended on Dec. 14, 2007]

Article 10(Requests for suspension of works) #

Where any development project implementer violates the conditions of permission, authorization, or approval for development project plans by not procuring school sites according to the development project plans under Article 3, the superintendents of education may request persons with authority to permit, authorize, or approve such development project plans to suspend works under Article 79 of the Building Act, Article 75 of the Urban Development Act, Article 113 of the Act on the Improvement of Urban Areas and Residential Environments, Article 94 of the Housing Act, Article 23 of the Housing Site Development Promotion Act, Article 48 of the Industrial Sites and Development Act, Article 55 of the Special Act on Public Housing, Article 55 of the Special Act on the Construction and Development of Innovation Cities, Article 47 of the Special Act on the Development of Enterprise Cities, Article 38 of the Special Act on the Construction and Support of Cities for the Purpose of Relocating Do Offices, Article 40 of the Special Act on Private Rental Housing, Article 54 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement, Article 31 of the Act on Developing and Using Station's Sphere of Influence, Article 75 of the Regional Development Assistance Act, Article 50 of the Special Act on the Development of Asian Cultural Hub City, Article 34 of the Special Act on the Development of the East, West, and South Coast Areas and Inland Areas, and Article 27 of the Special Act on the Utilization of Waterfronts. <Amended on Mar. 21, 2008; Jan. 19, 2016; Feb. 8, 2017; Mar. 21, 2017; Dec. 26, 2017; May 19, 2020>

[This Article Wholly Amended on Dec. 14, 2007]

Article 11(Administrative fines) #

(1) Any person who fails to submit sales materials by deadline or submits false materials, in violation of Article 5 (2), shall be punished by an administrative fine not exceeding five million won.

(2) The Mayors/Do Governors shall impose and collect an administrative fine under paragraph (1), as prescribed by Presidential Decree.

[This Article Added on Mar. 21, 2017]