URBAN REDEVELOPMENT ACT

Article 1(Purpose) #

The purpose of this Act is to expedite the redevelopment projects and to contribute to the sound urban development and the improvement of public welfare, by providing for the matters necessary for the systematic redevelopment of a city.

Article 2(Definitions) #

For the purposes of this Act, <Amended by Act No. 6655, Feb. 4, 2002>

1. the term “redevelopment area” means the area that has been designated and publicly announced by the urban management planning in order to execute the redevelopment project;

2. the term “redevelopment project” means the projects related to the consolidation of the buildings and their sites, the creation of sites, and the consolidation of public facilities, and those incidental thereof, which are executed under the conditions as prescribed by this Act, in order to recover the urban functions and to achieve the high-level land utilization in a rational and efficient manner within the redevelopment area, and they shall be executed by means of classifications as the redevelopment projects listed in each of the following items:

(a) Downtown redevelopment project: Redevelopment project executed in order to recover or divert the urban functions, with the subject of city areas wherein the functions of central, sub-central districts or arterial roadsides have been deteriorated;

(b) Housing redevelopment project: Redevelopment project executed in order to improve residential environments of the areas wherein the worn-out or inferior houses are congested or the consolidation of public facilities is inferior; and

(c) Factory redevelopment project: Redevelopment project executed in order to recover the function of industrial areas wherein the worn-out or inferior factories are located;

3. the term “developer” means the person who executes the redevelopment project within the redevelopment area pursuant to the procedures prescribed in this Act;

4. the term “public facilities” means roads, square and other public facilities as prescribed by the Presidential Decree;

5. the term “site” means the land developed by the redevelopment project;

6. the term “constructed facilities” means the structures constructed by the redevelopment project; and

7. the term “circular redevelopment method” means such redevelopment method as erecting the housing in a part of the redevelopment area or in other areas than the relevant redevelopment area, or as developing the redevelopment area in regular sequence by utilizing the erected housing (hereinafter referred to as the “circular housing” by combining both housings), or as implementing it in regular sequence by dividing the redevelopment areas or the redevelopment project implementing districts into several work sections.

Article 3(Production of Principal Redevelopment Plan) #

(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of Si/Gun which is prescribed by the Presidential Decree shall formulate the principal plan for urban redevelopment within the urban areas under jurisdiction which contains the matters falling under any of the following subparagraphs (hereinafter referred to as the “principal plan for redevelopment”), and obtain an approval from the Minister of Construction and Transportation. The same shall apply when the approved principal plan for redevelopment is modificated: Provided, That any minor matters prescribed by the Presidential Decree may be altered only with filing a report thereon to the Minister of Construction and Transportation: <Amended by Act No. 6655, Feb. 4, 2002>

1. Basic directions of redevelopment;

2. Period of the plans;

3. Extents subject to designation as the redevelopment area;

4. Land utilization plan, traffic plan, and public facilities plan;

5. Plans for the building-to-land ratio and building volume ratio by area;

6. Promotion plan by phase; and

7. Other matters prescribed by the Presidential Decree.

(2) When any such Mayor or head prescribed in paragraph (1) intends to formulate or modify the principal plan for redevelopment under paragraph (1), he shall hold a public hearing and hear the opinion of the relevant local council, and thereafter he shall go through a deliberation by the Local Urban Planning Committee under Article 113 of the National Land Planning and Utilization Act: Provided, That the same shall not apply to the modification of any minor matters falling under the proviso of paragraph (1). <Amended by Act No. 6655, Feb. 4, 2002>

(3) When the Minister of Construction and Transportation intends to grant an approval or an approval for modification for the principal plan for redevelopment under paragraph (1), he shall go through a resolution by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act. <Amended by Act No. 6655, Feb. 4, 2002>

(4) Matters necessary for the formulation and modification of the principal plan for redevelopment shall be prescribed by the Presidential Decree.

Article 4(Designation of Redevelopment Area) #

(1) The Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the “Mayor/Do governor”) may designate or modify a redevelopment area by an urban management planning within the extent suitable for the principal plan for redevelopment, for the areas falling under any of the following subparagraphs, upon request from the head of Si/Gun/autonomous Gu within his jurisdiction (hereinafter referred to as the “head of Si/Gun/ Gu”): <Amended by Act No. 6655, Feb. 4, 2002>

1. Areas having a concern over making their urban environments remarkably inferior, because the land becomes unable to display its full utility as a building site due to the consolidation of pubic facilities, or becoming too small land;

2. Areas facing difficulties in ensuring a rational utilization and an increase of value of the lands within their boundary, because the buildings are worn out and inferior and thus are unable to display their full functions, or they are excessively congested;

3. Areas requiring the rational utilization of lands in order to recover the urban functions, because the population, industry, etc. are excessively concentrated; and

4. Other areas corresponding to the requirements set forth by the Presidential Decree.

(2) When the head of Si/Gun/Gu intends to apply for the designation or modification of the redevelopment area to the Mayor/Do governor under paragraph (1), he shall investigate the matters falling under any of the following subparagraphs, and thereafter publicly notify in advance the matters falling under each subparagraph of paragraph (3) on daily newspapers under the conditions as prescribed by the Presidential Decree, and hear the opinion of the relevant local council after going through the public perusal: Provided, That the same shall not apply to the modification of any minor matters prescribed by the Presidential Decree:

1. Population or current status of industry;

2. Conditions of the land and building utilization;

3. Current installing status of the urban planning facilities;

4. Traffic situations in the redevelopment area and its surrounding areas; and

5. Other matters prescribed by the Presidential Decree.

(3) When the Mayor/Do governor intends to designate or modify the redevelopment area under paragraph (1), he shall make a decision on the matters falling under any of the following subparagraphs after going through a deliberation by the Local Urban Planning Committee: Provided, That the same shall not apply to the modification of any minor matters corresponding to the proviso of paragraph (2): <Amended by Act No. 6655, Feb. 4, 2002>

1. Title of the redevelopment project;

2. Area and size of the redevelopment project;

3. Plans for the installation and consolidation of public facilities and the urban planning facility constructed under the National Land Planning and Utilization Act;

4. Plans for the building-to-land ratio and building volume ratio, main use, height and number of floors of the building facility, aggregated area, or the housing ratio by size;

5. Scheduled period of the project implementation (limited to the housing redevelopment projects); and

6. Other matters prescribed by the Presidential Decree.

(4) When the Mayor/Do governor has designated or modified the redevelopment area under paragraph (1), he shall promptly announce it publicly on the official Gazette or public bulletin, and thereafter file a report thereon with the Minister of Construction and Transportation.

(5) Of the contents of public announcement under paragraph (4), the matters to be decided by an urban management planning in the National Land Planning and Utilization Act shall be deemed to be under the decision on an urban management planning pursuant to this Act, and the previous decision on an urban management planning that is in conflict with the contents of the public announcement shall be deemed to have been abolished. <Amended by Act No. 6655, Feb. 4, 2002>

(6) When the Mayor/Do governor deems it necessary for efficiently promoting the redevelopment project, he may decide on the matters under paragraph (3) 3 through 6 separately from those under subparagraphs 1 and 2 of the same paragraph. In this case, the provisions of paragraphs (2) through (5) shall be applied mutatis mutandis.

Article 5(Divided Implementation of Redevelopment Project) #

When a developer deems it necessary for the efficient implementation of the redevelopment project, he may implement the redevelopment project by dividing the redevelopment area into two or more areas of project implementation pursuant to the contents of public announcement under the provisions of Article 4 (4) and (6).

Article 6(Succession, etc. to Rights and Obligation) #

(1) Deleted. <by Act No. 5956, Mar. 31, 1999>

(2) When there exists any alteration in a developer and a rightful claimant, any disposition, proceedings and other activities taken by the previous developer and rightful claimant, or taken against them, under the conditions as stipulated by this Act or the order, covenant, articles of association or enforcement rule under this Act, shall be deemed to have been taken by a person who has newly become a developer and a rightful claimant, or taken against them.

Article 7(Delegation of Authority) #

The Minister of Construction and Transportation may delegate his authorities under the provisions in this Act in part to the Mayor/Do governor under the conditions as prescribed by the Presidential Decree.

Article 8(Implementation by Owners of Lands, etc.) #

(1) A redevelopment project shall be implemented by the owners of the land or buildings within the redevelopment project area (hereinafter referred to as “owners of lands, etc.”), or the redevelopment partnership (hereinafter referred to as the “partnership”) organized by them.

(2) Owners of lands, etc. or the partnership may implement the redevelopment project jointly with the contractor licensed under the Construction Business Act or the house-building constructor registered under the Housing Construction Promotion Act, under the conditions as stipulated by the covenant or articles of association.

Article 9(Implementation by Local Governments, etc.) #

(1) When there exists a reason falling under any of the following subparagraphs, the head of Si/Gun/Gu may, notwithstanding the provisions of Article 8, implement any redevelopment project by himself, or by designating a developer from among the Korea Housing Corporation, Korea Land Corporation (limited to the downtown redevelopment project), or local public corporations established under Article 49 of the Local Public Enterprises Act with an implementation of the redevelopment projects as its business item (hereinafter referred to as the “Corporation” by combining these corporations):

1. When acknowledged that it requires an urgent implementation of the redevelopment project due to the natural disaster and other reasons;

2. When the owner of lands, etc. or the partnership fails to apply for an approval for implementation under Article 22 within one year and 6 months from the day there has been a public announcement of the designation of redevelopment area under Article 4 (4) and (6) (in the case of a housing redevelopment project, referring to one year prior to the expiration of scheduled period of project implementation under Article 4 (3) 5), or when acknowledged that the content of an application for an approval for implementation is illegal or unjustifiable;

3. When acknowledged that it requires an implementation in parallel with the urban planning or the project related to public facilities implemented by the head of a local government;

4. When the implementation approval for the redevelopment project has been revoked under Article 50;

5. When acknowledged that it requires an implementation of the redevelopment project by the circular redevelopment method;

6. When the size of the national or public land within the relevant redevelopment area is in excess of one half of the total land size;

7. When the owner of the land in excess of one half of the land size within the relevant redevelopment area, and more than one half of the total number of the landowners and of the building-owners, request for a project implementation by the head of Si/Gun/Gu or the Corporation; and

8. Other occasions corresponding to the requirements prescribed by the Presidential Decree.

(2) When the head of Si/Gun/Gu implements by himself any redevelopment project or designates the Corporation as the developer under the provisions of paragraph (1), he shall publicly announce it on the Official Gazette or public bulletin, under the conditions as prescribed by the Presidential Decree.

(3) In case where any redevelopment project is implemented by the circular redevelopment method under the provisions of paragraph (1) 5, the circular housing may be used or leased as a temporary accommodation facility under Article 27 (1), notwithstanding the provisions of Article 32 of the Housing Construction Promotion Act: Provided, That when the tenants desire to continually reside in the circular housing even after the completion of the redevelopment project, it may be parcelled out or continually leased; and in this case, the circular housing shall be deemed to have been disposed of by the administrative disposition plan under Article 34.

(4) In case where there exists a concern over making a continual implementation of the project is difficult because of the current business situations of the owners of lands, etc. or of the partnership, if the head of Si/Gun/Gu admits that any objectives of project are unable to be achieved by a supervisory disposition under Article 50, he may either directly implement the redevelopment project as proxy, or let the Corporation implement the redevelopment project as proxy.

(5) Any project proxy under paragraph (4) may seize the site or building facility to be reverted to the developer, by means of his claiming rights for remunerations or for redemption of expenses, which are held against the developer; and in this case, the said rights shall have the same effects as the mortgage.

(6) Any decision on, or effects of, commencing a project implementation as proxy under paragraph (4), an execution of duties of the project performer as proxy, a completion of project implementation as proxy, and matters necessary for public announcement, etc. shall be prescribed by the Presidential Decree.

Article 10(Implementation by Third Party Developer) #

(1) When there exists any reason falling under any of the following subparagraphs, the head of Si/Gun/Gu may, notwithstanding the provisions of Articles 8 and 9, designate a person satisfying the requirements prescribed by the Presidential Decree as the third party developer, and let him implement the redevelopment project:

1. When the direct implementation under Article 9 has not been done, or the designation of a developer has not been made, within 30 days after an elapse of one year and 6 months from the day there has been a public announcement of the designation of redevelopment area under Article 4 (4) (in the case of a housing redevelopment project, referring to one year prior to the expiration of scheduled period of project implementation under Article 4 (3) 5); and

2. When acknowledged that it requires an urgent implementation of the redevelopment project due to the natural disasters and the reasons equivalent thereto, or that it remarkably hampers the public interests by causing the delay in the implementation of the redevelopment project.

(2) The provisions of Article 9 (2) shall apply mutatis mutandis to the case of paragraph (1).

Article 11(Invalidation of Designation of Redevelopment Area) #

(1) In case where there exists no application (in case where the head of Si/Gun/Gu directly implements the redevelopment project, referring to the preparation of enforcement rules and project implementation plans) for the approval under Articles 22, 23 and 24 (hereinafter referred to as “project implementation approval”) within two years from the day there has been a public announcement of the designation of redevelopment area under Article 4 (4) (in the case of a housing redevelopment project, referring to the scheduled period of project implementation under Article 4 (3) 5; hereafter in this Article, the same shall apply), the designation of redevelopment area shall lose its effect on the date next to that on which the second year elapses.

(2) When the designation of redevelopment area has been invalidated under the provisions of paragraph (1), the Mayor/Do governor shall promptly announce it publicly on the Official Gazette or the public bulletin.

Article 12(Authorization for Establishment of Partnership) #

(1) When intending to establish a partnership, 5 or more owners of lands, etc. shall prepare the articles of association under the conditions as prescribed by the Presidential Decree, and obtain an authorization from the head of Si/Gun/Gu for the establishment of the partnership. Such authorization from the head of Si/Gun/Gu shall also be obtained when the authorized matters are to be modified: Provided, That a report shall substitute for the authorization, when modifying any minor matters set forth by the Municipal Ordinance of the Special Metropolitan City, Metropolitan City, or Do (hereinafter referred to as “City/ Do”).

(2) When intending to apply for an authorization for the establishment of a partnership under paragraph (1), the consent shall be obtained in advance from two-thirds or more of the total number of the landowners and of the building-owners within the redevelopment area (in case where the redevelopment project is implemented under the division by project execution area, referring to the project execution area; hereinafter the same shall apply).

(3) Matters necessary for a computation method of the consent and for the consent procedures under paragraph (2) shall be prescribed by the Presidential Decree.

Article 13(Legal Personality, etc. of Partnership) #

(1) A partnership shall be a juristic person.

(2) A partnership shall be established by registering the matters as prescribed by the Presidential Decree at the seat of its principal office, within 30 days from the day an approval for the establishment of partnership has been granted.

(3) A partnership shall use the title of “redevelopment partnership,” and any other person than a partnership shall be prohibited from using the title of redevelopment partnership or other ones similar thereto.

Article 14(Members of Partnership) #

Members of a partnership shall be the owners of lands within the redevelopment area and the persons with superficies, but when the ownership and superficies of lands, etc. belong to several co-owners, such several persons shall be deemed to be one member.

Article 15(Officers of Partnership) #

(1) A partnership shall have the following officers:

1. One head of partnership;

2. Directors; and

3. Auditors.

(2) Matters necessary for the number, etc. of directors and auditors under paragraph (1) shall be determined by the articles of association within the limit set forth by the Municipal Ordinance of the City/ Do.

(3) Officers of the partnership shall be appointed by the general meeting from among its members under the conditions as determined by the articles of association.

Article 16(Duties, etc. of Officers) #

(1) The head of a partnership shall represent the partnership, and exercise control over its affairs, and preside over the general meeting or the representatives meeting.

(2) Directors shall assist the head of partnership and take partial charge of the affairs of partnership, pursuant to the articles of association.

(3) Auditors shall inspect the affairs, property status, and audit accounts of the partnership.

(4) Auditors shall represent the partnership in respect of any contract or litigation by the head of partnership or directors against the partnership for themselves.

(5) Officers of the partnership shall not concurrently take the position of officers or staff members of other partnerships carrying on the projects with identical objectives.

Article 17(Disqualifications for Officers of Partnership) #

(1) Any person falling under one of the following subparagraphs shall not become an officer of a partnership:

1. Incompetent, quasi-incompetent, or minor;

2. Bankrupt who fails to be reinstated;

3. Person who has been sentenced to imprisonment without forced labor or heavier sentence, and for whom not more than 2 years have passed after the completion of, or the fixed exemption from, its execution, or who is in the period of its suspension; and

4. Person for whom 2 years have not passed after being subjected to a disposition of officer’s replacement under the provisions of Article 50 (1).

(2) When a person appointed as an officer of the partnership under Article 15 (3) comes to fall under any subparagraph of paragraph (1), he shall lose such qualification on the day next thereto.

Article 18(General Meeting and Matters for Resolution) #

(1) A partnership shall have a general meeting consisted of its members, and the following matters shall pass through a resolution by the general meeting:

1. Modification of the articles of association;

2. Formulation and modification of the plans for project implementation;

3. Borrowing of funds and method thereof, interest rate, and method of repayment;

4. Receipt and payment budget for the expenses;

5. Contracts to be charged to the members other than the matters appropriated in the budget;

6. Selection of the co-developer under Article 8 (2);

7. Appointment of the partnership officers under Article 15;

8. Amount or collection method of the dues under Article 20;

9. Administrative disposition plan; and

10. Other matters as prescribed by the Presidential Decree or the articles of association.

(2) The procedure and time for convocation of the general meeting, number of voting rights, and method of resolution, etc. shall be prescribed by the articles of association within the limit set forth by the Municipal Ordinance of the City/Do.

Article 19(Representative Meeting) #

(1) A partnership having not less than 100 members may have a representative meeting.

(2) The representative meeting shall consist of the representatives in excess of one-tenth of the total number of partnership members, and it may carry out the authority of general meeting as proxy, except for the matters prescribed by the Presidential Decree from among those subject to resolution by the general meeting.

(3) The number of representatives, method of resolution, and method of appointment, etc. shall be prescribed by the articles of association within the limit set forth by the Municipal Ordinance of the City/Do.

Article 20(Imposition of Expenses) #

(1) A partnership may impose and collect the expenses from the members in order to appropriate them for those required for the redevelopment project.

(2) When any members have neglected the payment of dues, the partnership may impose and collect the delinquent charges.

(3) Matters necessary for the collection of dues and delinquent charges under paragraphs (1) and (2) shall be prescribed by the articles of association.

(4) When there exist any delinquent payers of dues and delinquent charges,

the partnership may entrust the head of Si/Gun/Gu with the collection of them.

(5) When the head of Si/Gun/Gu has been entrusted with the collection under paragraph (4), he may collect them by referring to the practices of dispositions on default of local taxes. In this case, the partnership shall deliver the amount equivalent to 4/100 of the collected amount to the relevant local government.

Article 21(Mutatis Mutandis Application, etc. of Civil Act) #

Except as provided in this Act, the provisions concerning an incorporated association as referred to in the Civil Act shall apply mutatis mutandis to the partnership.

Article 22(Authorization for Implementation by Owner of Land, etc. or by Partnership) #

(1) When the owner of land, etc. or partnership intends to implement the redevelopment project, he or it shall prepare the covenant (limited to the owner of land, etc.) and the plan for project implementation under the conditions as prescribed by the Presidential Decree, and obtain the authorization from the head of Si/Gun/Gu. The same shall also apply when intending to alter the covenant or the plan for project implementation, or to suspend or discontinue the redevelopment project: Provided, That

a report shall substitute for the authorization, when altering any minor matters set forth by the Municipal Ordinance of the City/Do.

(2) When the owner of land, etc. or partnership applies for an authorization for implementation under paragraph (1), he or it shall obtain the consent of landowners in excess of two-thirds of the land size within the redevelopment area and the consents of persons equivalent to more than two-thirds respectively of the total number of landowners and of building-owners: Provided, That when the landowners or buildingowners refuse to consent without any justifiable reasons, the same shall not apply in case where the consent has been obtained from more than one half of the total number of the landowners and of building-owners, respectively, and thereafter the head of Si/Gun/Gu renders a decision after going through a deliberation by the relevant Local Urban Planning Committee.

(3) Matters necessary for the computation method and procedures, etc. for the consent under paragraph (2) shall be prescribed by the Presidential Decree.

(4) When the head of Si/Gun/Gu has authorized an implementation of the redevelopment project under paragraph (1), or has altered, suspended, or discontinued such project, he shall announce the said contents publicly on the Official Gazette or public bulletin under the conditions as prescribed by the Presidential Decree: Provided, That the same shall not apply to the case of alteration of minor matters under the proviso of paragraph (1).

Article 23(Procedures for Implementation by Local Governments, etc.) #

(1) When the head of Si/Gun/Gu intends to implement the redevelopment project under Article 9, he shall prepare the enforcement rules and the plan for project implementation under the conditions as prescribed by the Presidential Decree.

(2) When the Corporation intends to implement the redevelopment project under Article 9, it shall prepare the enforcement rules and the plan for project implementation under the conditions as prescribed by the Presidential Decree, and obtain an authorization from the head of Si/ Gun/Gu.

(3) The provisions of Article 22 (1) and (4) shall apply mutatis mutandis to the cases under paragraphs (1) and (2).

Article 24(Approval for Implementation by Third Party Developer) #

(1) When the third party developer intends to implement the redevelopment project under Article 10, he shall prepare the covenant and the plan for project implementation under the conditions as prescribed by the Presidential Decree, and obtain an authorization from the head of Si/Gun/Gu.

(2) When the head of Si/Gun/Gu deems it necessary for preventing any insufficiency of project in granting an authorization for implementation under paragraph (1), he may let the developer deposit part of the project costs or take other necessary measures under the conditions as prescribed by the Presidential Decree.

(3) The provisions of Article 22 shall apply mutatis mutandis to the case under paragraph (1).

Article 25(Opinion Hearing of Related Documents and its Exhibition Before Public) #

(1) When the head of Si/Gun/Gu intends to grant an authorization for project implementation or to prepare the enforcement rules and the plans for project implementation, he shall exhibit the copy of related documents to the general public for 30 or more days: Provided, That the same shall not apply to the case of alteration of minor matters under the proviso of Article 22 (1).

(2) The owners of lands, etc. and other persons who have an interest in the redevelopment project (hereinafter referred to as “interested parties”) may submit a statement of opinion to the head of a Si/Gun/Gu within the period of exhibition under paragraph (1).

(3) When the head of Si/Gun/Gu deems that it requires to adopt the opinions submitted under paragraph (2) after examining them, he shall adopt them, and if it is not such case, he shall notify the submitter of a statement opinions of such reasons.

Article 26(Legal Fiction of Authorization, Permission, etc. under Other Acts) #

(1) When a developer has obtained an authorization for project implementation (in case where the head of Si/Gun/Gu directly implements the redevelopment project, referring to the time when the enforcement rules and the plans for project implementation have been prepared; hereafter the same shall apply in this Article), it shall be deemed that there exists an authorization, permission, approval, report, registration, consultation, consent or cancellation (hereinafter referred to as the “authorization, permission, etc.”) listed in any of the following subparagraphs, and when there has been a public announcement of project implementation, it shall be deemed that there exists a public announcement under the related Acts falling under any of the following subparagraphs: <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5893, Feb. 8, 1999>

1. Registration of a housing construction business under Article 6 of the Housing Construction Promotion Act, and approval for project plan under Article 33 of the same Act;

2. Construction permission under Article 8 of the Building Act, and construction permission or erection report on temporary building under Article 15 of the same Act;

3. Permission for road works execution under Article 34 of the Road Act, and permission for road occupation under Article 40 of the same Act;

4. Cancellation of the designation of erosion control areas under Article 20 of the Work against Land Erosion or Collapse Act;

5. Permission, consultation, consent or approval as to farmland transfer under Article 36 of the Farmland Act, and report on the farmland transfer under Article 37 of the same Act;

6. Permission for or consultation on the diversion of conserved forest under Article 18 of the Forestry Act, and permission under Articles 62 and 90 of the same Act: Provided, That the cases of natural protection forest, seed collection forest and experimental forest shall be excluded;

7. Permission for riparian work under Article 30 of the River Act, and permission for an occupation of river under Article 33 of the same Act;

8. Authorization for general waterworks under Article 12 of the Water Supply and Waterworks Installation Act, and authorization for private-use waterworks under Article 36 or 38 of the same Act;

9. Permission for public sewerage project under Article 13 of the Sewerage Act;

10. Approval for the use of surveying results under Article 25 of the Land Survey Act;

11. Registration of a superstore under Article 8 of the Distribution Industry Development Act;

12. Permission for usage and profit-making under Article 24 of the State Properties Act;

13. Permission for rent or use under Article 82 of the Local Finance Act; and

14. Report on commencement, modification or conclusion of the project under Article 24 of the Cadastral Act.

(2) When a developer has obtained an authorization for project implementation in respect to the factory redevelopment project, it shall be deemed that there have been the authorization, permission, etc. under paragraph (1), and besides deemed that there have been the authorization, permission, etc. under each of the following subparagraphs, and when there has been a public announcement of project implementation, it shall be deemed that there has been a public announcement under the related Acts listed in each of the following subparagraphs: <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5756, Feb. 5, 1999; Act No. 5864, Feb. 8, 1999>

1. Report on factory establishment under Article 13 of the Industrial Placement and Factory Construction Act, and registration of factory under Article 16 of the same Act;

2. Authorization for and report on the plans for exclusive electric installation works under Article 32 of the Electric Utility Act;

3. Approval for, or report on (including approval for modification, or report for modification), waste disposal facilities under Article 30 (2) of the Wastes Control Act;

4. Report on installation of the treatment facilities of sewage or separate septic tanks under Articles 9 (2) and 10 (2) of the Act on the Disposal of Sewage, Excreta and Livestock Wastewater;

5. Consent to the construction permission, etc. under Article 8 (1) of the Fire Services Act, and permission for setting up a factory, etc. under Article 16 (1) of the same Act;

6. Permission for the installation of exhaust facility under Article 10 of the Clean Air Conservation Act, Article 10 of the Water Quality Conservation Act, and Article 9 of the Noise and Vibration Control Act; and

7. Permission for the installation of gunpowder (temporary) storage under Article 25 (1) of the Control of Firearms, Swords, Explosives, etc. Act.

(3) When the head of Si/Gun/Gu intends to directly implement a redevelopment project containing the matters listed in each of paragraphs (1) and (2), or to grant an approval for project implementation, he shall consult with the head of related authorities.

(4) In the case of deeming that there have been the authorization, permission, etc. by other Acts under paragraphs (1) and (2), the commission or fees, etc. to be imposed under the related Acts or Municipal Ordinances of local governments shall be exempted.

Article 27(Installation of Temporary Housing Facilities, etc.) #

(1) Any developer shall not implement a redevelopment project unless subsequent to an accommodation in an adequate facility in, or outside of, a redevelopment area, of the persons whose residences are to be removed by the implementation of the redevelopment project, from among the residents within the redevelopment area, or after taking measures commensurate with temporary accommodation, such as the arrangement of housing loan, etc. In this case, the developer may temporarily utilize the facility or land of the State, public organization or individuals, when needed for such temporary accommodation.

(2) The State or local government shall, when it has received an application for the use of buildings or lands required for a temporary accommodation facility under paragraph (1), not refuse unless there exist any justifiable reasons. In such case, any use of the State or public land shall be free of charge.

(3) When a developer has completed the works of redevelopment project, he shall remove the temporary accommodation facility within 30 days from the date of such completion, and restore the land to its original status, and thereafter he shall hand over such land to the management office or the owner of the relevant land.

Article 28 #

Deleted.<by Act No. 5956, Mar. 31, 1999>

Article 29 #

Deleted.<by Act No. 5956, Mar. 31, 1999>

Article 30(Indemnification for Losses) #

(1) When there exists any person who has suffered any losses in the case under Article 27, a developer shall indemnify him for such losses. <Amended by Act No. 5956, Mar. 31, 1999>

(2) With regard to the indemnification for losses under paragraph (1), a developer and a person suffering the losses shall hold consultations thereon.

(3) A developer or a person suffering the losses may apply for an adjudication to the Land Expropriation Committee having jurisdiction over such redevelopment area, in case where their consultations under paragraph (2) have failed to yield any agreement, or they are unable to hold any consultations.

(4) The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to the indemnification for losses incurred by the subsidence of ground, crevice of the building, etc. which have been caused by the works for implementation of redevelopment project.

Article 31(Expropriation of Lands, etc.) #

(1) A developer may expropriate the land, buildings, and other rights, which are required for the redevelopment project within its area, on the conditions that the land or constructed facilities are to be parceled out for the indemnification. In this case, the provisions of Article 42 (1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall not be applicable. <Amended by Act No. 6656, Feb. 4, 2002>

(2) A developer may expropriate, under Article 95 of the National Land Planning and Utilization Act, the rights on the land, buildings, and other rights of the persons falling under any of the following subparagraphs, notwithstanding the provisions of paragraph (1): <Amended by Act No. 6655, Feb. 4, 2002>

1. Person who has failed to apply for parceling-out;

2. Person who has withdrawn an application for parceling-out; and

3. Person who has been excluded from those subject to parceling-out pursuant to the standards under the administrative disposition plan as prescribed in Article 35.

Article 32(Mutatis Mutandis Application of Act on Acquisition of Land, etc. for Public Works and Compensation Therefor) #

(1) With regard to the utilization or expropriation for the implementation of redevelopment project, the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall be applied, except as otherwise prescribed by this Act. <Amended by Act No. 6656, Feb. 4, 2002>

(2) In applying mutatis mutandis the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor under the provisions of paragraph (1), the project implementation authorization under this Act (in case where the head of Si/Gun/Gu directly implements the redevelopment project, referring to the preparation of the enforcement rules and the plans for project implementation; hereafter the same shall apply in this Article) shall be deemed as an approval for the project under Article 20 (1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. In this case, an application for adjudication shall be filed within the implementation period of redevelopment project set in granting an authorization for project implementation, notwithstanding the provisions of Articles 23 (1) and 28 (1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. <Amended by Act No. 6656, Feb. 4, 2002>

Article 33(Application, etc. for Parceling-Out) #

(1) A developer shall notify the owners of lands, etc. of the period of an application for parceling-out within 14 days from the date of public announcement of project implementation, and make a public notice thereon in daily newspapers. In this case, the period of application for parceling-out shall be not less than 30 days but not more than 60 days from the date of a public announcement of project implementation.

(2) Any owners of lands, etc. intending to obtain parceling-out of the site or constructed facilities shall file an application for parceling-out of the site or constructed facilities with the developer under the conditions as prescribed by the Presidential Decree, within the period of an application for parceling-out under the provisions of paragraph (1). <Amended by Act No. 5956, Mar. 31, 1999>

(3) Deleted. <by Act No. 5956, Mar. 31, 1999>

Article 34(Authorization, etc. for Administrative Disposition Plan) #

(1) Any developer other than the head of Si/Gun/Gu shall, under the conditions as prescribed by this Act, formulate the plans for administrative disposition as to the site and constructed facilities (hereinafter referred to as “administrative disposition plan”) when the period of application for parceling-out under Article 33 has expired, and obtain an authorization from the head of Si/Gun/Gu: Provided, That the same shall not apply to the case where there exists no owner of lands, etc. other than the developer.

(2) An authorization shall also be obtained when intending to alter, suspend, or abolish the administration disposition plan authorized under paragraph (1): Provided, That a report thereon shall substitute for an authorization when altering the minor matters prescribed by the Municipal Ordinance of the City/Do.

(3) The provisions of Article 25 shall apply mutatis mutandis to the cases of paragraphs (1) and (2).

(4) Any administrative disposition plan shall determine the matters falling under each of the following subparagraphs:

1. Design for parceling-out;

2. Addresses and names of the persons subject to parceling-out;

3. Estimated amount of the site or constructed facilities scheduled for parceling-out by each person subject thereto, particulars of the previous land and constructed facilities, and price on the basis of the date of public announcement of project implementation;

4. Estimated amount of the expenses required for redevelopment project;

5. Particulars of rights other than the ownership on the previous land and buildings of the person subject to parceling-out; and

6. Other matters as prescribed by the Presidential Decree.

(5) When the head of Si/Gun/Gu authorizes the administrative disposition plan under paragraphs (1) and (2), he shall publicly announce the content thereof in the Official Gazette or public bulletin: Provided, That the same shall not apply to any alteration of minor matters falling under the proviso of paragraph (2).

(6) When there has been a public announcement under paragraph (5),

the developer shall promptly notify the applicant for parceling-out of the contents of authorization for the administrative disposition plan, under the conditions as prescribed by the Presidential Decree.

(7) The provisions of paragraphs (3) through (6) shall apply mutatis mutandis to the administrative disposition plan directly prepared by the head of Si/Gun/Gu.

(8) When there has been a public announcement under paragraph (5), the previous owner of land, etc., person with superficies, person with a right to lease on a deposit basis, and person with a right to lease shall neither exercise those rights to the previous lands, etc. nor profit from them not later than the date of a public announcement of the parcelingout disposition under Article 38 (4): Provided, That the same shall not apply to the case of having obtained a consent of the developer.

(9) When there exist any remaining portions subsequent to a receipt of the applications for parceling-out under Article 33, the developer may designate them as the reserved lands (including the constructed facilities) or parcel them out to the general public, for the purposes as prescribed by the covenants, the articles of association, the enforcement rules, or the project implementation plan.

(10) Any sites and constructed facilities, which have been created by the implementation of redevelopment project, shall be disposed of or managed pursuant to the administrative disposition plan.

Article 35(Standards for Administrative Disposition Plan) #

(1) A developer shall formulate the administrative disposition plan pursuant to the standards falling under each of the following subparagraphs:

1. He shall ensure that the sites or constructed facilities shall be allocated to under the well-balanced manner, or effciently utilized by, the applicants for parceling-out, by taking comprehensive account of the location, size, utilization situations, environments, and other conditions of the previous land and buildings;

2. In case where it is required for too small or vast land or buildings, he shall ensure that the site or constructed facilities are to become an adequate size by either increasing or decreasing them;

3. He may make a cash indemnity to the persons who have acquired too small lands or buildings, and the lands divided subsequent to a designation of redevelopment area;

4. When there exists a special need to adjust the scale of land in order to prevent any disaster or hygienic harms, the developer may adjust the land whose acreage became small and narrow by the administrative disposition plan so as not to make it too small, and he may either make an indemnity in lieu of the land, or deliver a portion of constructed facilities and a co-owned share for the site whereon such facilities are located; and

5. Any design for parceling-out from among the administrative disposition plan shall be formulated on the basis of the date of expiration of the period for application of parceling-out under the provisions of Article 33.

(2) Matters necessary for the contents of the administrative disposition plan, the method and standards for administrative disposition, and the

evaluation of assets, etc. shall be determined by the Municipal Ordinance of City/ Do, within the limits as prescribed by Presidential Decree.

Article 36(Measures for Persons Failing to Apply for Parceling-out) #

When the owners of lands, etc. fall under any subparagraph of Article 31 (2), the developer shall make a settlement under the provisions of Article 42: Provided, That the same shall not apply to the case where the lands, etc. have been expropriated under the provisions of Article 31.

Article 37 #

Deleted.<by Act No. 5956, Mar. 31, 1999>

Article 38(Completion Inspection and Parceling-Out Dispositions, etc.) #

(1) When any developer other than the head of Si/Gun/Gu has completed the works for a redevelopment project, he shall submit a report on completion of works to the head of Si/Gun/ Gu, and undergo an inspection on work completion.

(2) When the head of Si/Gun/Gu acknowledges that the redevelopment project has been completed in pursuance of the project implementation plan as a result of the inspection on work completion under the provisions of paragraph (1), he shall deliver the certificate of completion of inspection to the developer and publicly notify the completion of construction works. A public notice shall also be made upon the completion of construction works for the redevelopment project implemented directly by the head of Si/Gun/Gu.

(3) When there exists a public notice under paragraph (2), the developer shall promptly make a confirmation surveying, and proceed with the parceling-out dispositions in pursuance of the administrative disposition plan by going through the procedures for land divisions: Provided, That in case where it is required for an efficient promotion of redevelopment project, he may undergo the completion inspection for the completed portions before the entire completion of relevant redevelopment project, and make a parceling-out disposition by site and constructed facility.

(4) When the developer intends to proceed with a parceling-out disposition under paragraph (3), he shall notify the persons to receive a par celing-out of the matters as set in the administrative disposition plan, and file a report with the head of Si/Gun/Gu after announcing such contents publicly.

Article 39(Confirmation of Rights Over Site and Constructed Facilities) #

(1) Any person subjected to parceling-out of site or constructed facilities shall acquire the ownership in relevant site or constructed facilities on the day next to that on which a public announcement of parcelingout dispositions has been made under Article 38 (4). In this case, any superficies, right to lease on a deposit basis, mortgage, or registered right to lease, and the right to lease satisfying the requirements under Article 3 (1) of the Housing Lease Protection Act, shall be deemed to have been established on the parceled-out site or constructed facilities.

(2) Any site or constructed facilities acquired under paragraph (1) shall be regarded as the substituted land pursuant to the provisions of the Land Compartmentalization and Rearrangement Projects Act, and the reserved land under Article 34 (9) and the site or constructed facilities for parceling-out to the general public, shall be regarded as the reserved land, etc. pursuant to the provisions of the same Act.

Article 40(Registration Process and Limitation on Changes in Rights) #

(1) When there exists a public announcement of parceling-out dispositions under Article 38 (4), a developer shall promptly entrust or apply for the registration of the site and constructed facilities.

(2) Matters necessary for the registration under paragraph (1) shall be prescribed by the Supreme Court Regulations.

(3) Other registrations shall be prohibited from being made for such period as from the day of a public announcement of parceling-out dispositions under Article 38 (4) to the time of registration under paragraph (1), with regard to the redevelopment project.

Article 41(Special Cases for Application, etc. for Changes in Cadastral Registration) #

With respect to a report on or application for any changes in the land due to an implementation of redevelopment project, a developer may do so in substitution for the owner of relevant lands, etc., notwithstanding the provisions of the Local Tax Act.

Article 42(Clearing Money, etc.) #

(1) When there exist any differences between the prices of the lands or buildings previously owned by a person subjected to parceling-out of the site or constructed facilities and the prices of the parceled-out site or constructed facilities, a developer shall collect or pay the amount equivalent to such differences, subsequent to a public announcement of the parceling-out dispositions.

(2) Prices under the provisions of paragraph (1) shall be assessed by taking account of the location, purpose, utilization status, and costs required for the works of the site or buildings: Provided, That the same shall not apply in case where there exists the consent of whole owners of lands, etc.

(3) Matters necessary for the method and procedure for price assessment under paragraph (1) shall be prescribed by the Presidential Decree.

Article 43(Collection, etc. of Clearing Money) #

(1) Clearing money under Article 42 may be collected or paid in installments under the conditions as prescribed by the Presidential Decree.

(2) When a person liable to pay the clearing money fails to pay it, a developer who is the head of Si/Gun/Gu may collect it by referring to the practices of collecting the local tax, and a developer other than the head of Si/Gun/Gu may entrust the head of Si/Gun/Gu with the collection of clearing money. In this case, the provisions of Article 20 (5) shall be applied mutatis mutandis.

(3) When a person entitled to receive the clearing money under the provisions of Article 42 (1) has been unable to receive it, or refused to do so, such clearing money may be deposited.

(4) Any right over receiving or collecting the clearing money shall be extinguished if it is not exercised for five years from the day next to that on which a public announcement of parceling-out dispositions has been made.

Article 44(Subrogation) #

Any mortgage established on the land or buildings located within the redevelopment area may be exercised against the clearing money to be paid to the mortgagee. In this case, it shall be seized before it has been paid.

Article 45(Revocation of Contracts Such as Superficies, etc.) #

(1) When it becomes impossible to accomplish the purpose of establishing the superficies, right to lease on a deposit basis, or right to lease due to the implementation of redevelopment project, any users of the said rights may terminate the contracts thereon.

(2) Any right of claim on returning the key money for lease on deposit basis, deposit money, and other money for contracts, which are possessed by the person entitled to terminate the contract under paragraph (1), may be exercised against the developer.

(3) Any developer who has paid the money under paragraph (2) may demand for its reimbursement from the owners of relevant lands, etc.

(4) When the demand for reimbursement under paragraph (3) has not been attained, the developer may seize the site or constructed facilities to be reverted to the owners of relevant lands, etc., and in this case, it shall hold the same effect as the mortgage.

(5) When 60 days have elapsed from the day there existed a public announcement of administrative disposition plan under Article 34, any contracts under paragraph (1) shall not be terminated.

Article 46(Principle of Expense Bearing) #

(1) Except for the cases as otherwise provided for in this Act or other Acts, the expenses for an implementation of redevelopment project shall be borne by the relevant Si/Gun/autonomous Gu in the case of implementation by the head of Si/Gun/ Gu, and in the case of implementation by other persons, it shall be borne by themselves.

(2) The Si/Gun/autonomous Gu may bear the whole or part of expenses required for installing the principal public facilities as prescribed by the Presidential Decree, from among the public facilities to be installed by a redevelopment project implemented by the developer other than the

head of Si/Gun/Gu: Provided, That with regard to the roads or parks as prescribed by the Presidential Decree to be offered for use by the relevant area and its vicinity in the case of housing redevelopment project, the Si/Gun/autonomous Gu shall bear the whole or part of expenses for installing them. <Amended by Act No. 5288, Jan. 13, 1997>

Article 47(Expense Burdens by Public Facilities Managers) #

(1) When there exist any public facilities benefitted remarkably from the redevelopment project implemented by the head of Si/Gun/ Gu, he may let a manager of such public facilities bear a part of expenses required for relevant redevelopment project, under the conditions as prescribed by the Presidential Decree, after having a consultation with the said manager.

(2) In case where the developer installs a utility tunnel, he may let the person liable to install the facilities to be admitted in such utility tunnel under other Acts and subordinate statutes bear the expense for installing the utility tunnel.

(3) Ratio of expense bearing and method of bearing under paragraph (2) and matters necessary for the management of utility tunnel shall be determined by the Municipal Ordinance of the City/Do.

Article 48(Subsidy and Loan) #

(1) A part of expenses required for the basic survey and an implementation of redevelopment project to be implemented by the head of Si/ Gun/Gu may be subsidized or loaned by the State or City/Do under the conditions as prescribed by the Presidential Decree.

(2) The State or local government may subsidize, loan, or arrange for loan, under the conditions as prescribed by the Presidential Decree, a part of expenses required for the redevelopment project implemented by the person other than the head of Si/Gun/Gu.

Article 49(Submission of Data) #

(1) The Mayor/Do governor shall file a report on actual records by quarter of the promotion of redevelopment project with the Minister of Construction and Transportation under the conditions as prescribed by the Presidential Decree, and the head of Si/Gun/Gu shall file a report on actual records of the promotion of redevelopment project with the Mayor/ Do governor under the conditions as prescribed by the Municipal Ordinance of the City/Do.

(2) When the head of Si/Gun/Gu deems it necessary to supervise an implementation of the redevelopment project, he may order the developer to file a report or to submit the data, and let the public officials under his command investigate the matters related to the developer’s business.

(3) Any public official who investigates the developer’s business under paragraph (2) shall carry with him a voucher indicating his authority, and show it to the interested parties.

(4) Any owner of lands, etc., partnership, or the third-party developer from among the developers of housing redevelopment projects, shall undergo an audit under the conditions as prescribed by the Presidential Decree, and the result of audit shall be reported to the head of Si/Gun/ Gu, and they shall report the result of such an audit to the head of Si/ Gun/ Gu, and make it available for the perusal by the owners of lands, etc. in the relevant redevelopment area: Provided, That the same shall not apply to the cases as prescribed by the Presidential Decree.

Article 50(Supervision) #

(1) When an implementation of redevelopment project is deemed to have violated this Act, any orders or dispositions under this Act, the project implementation plan, or the administrative disposition plan, any cancellation, modification or suspension of such dispositions, any suspension or modification of such construction works, any replacement of officers, and any other necessary measures may be taken, within the limits needed for an adequate implementation of redevelopment project, by the Minister of Construction and Transportation on the Mayor/Do governor, by the Mayor/Do governor on the head of Si/Gun/ Gu, and by the head of Si/Gun/Gu on the developer, respectively.

(2) When the head of Si/Gun/Gu deems that there exists a concern over remarkably harming the public interests by any continued implementation of redevelopment project due to a change of the situation, he may revoke an authorization or approval under this Act, or order the developer to suspend or modify the construction works, or to take other necessary dispositions or measures.

(3) Deleted. <by Act No. 5453, Dec. 13, 1997>

Article 50-2(Hearing) #

In case where the head of Si/Gun/Gu intends to make the dispositions falling under any of the following subparagraphs under the provisions of Article 50, he shall hold a hearing:

1. Cancellation of an authorization for the establishment of a partnership under Article 12 (1);

2. Cancellation of an authorization for implementation under Article 22 (1), 23 (2), or 24 (1); and

3. Cancellation of an authorization for the administrative disposition plan under Article 34 (1).

[This Article Newly Inserted by Act No. 5453, Dec. 13, 1997]

Article 51(Omission of Required Documents) #

With regard to a designation of the redevelopment area under Article 4, an approval for project implementation under Article 22, 23 or 24, and an approval for the administrative disposition plan under Article 34, the Mayor/Do governor or the head of Si/Gun/Gu may omit a part of the required documents under the conditions as prescribed by the Municipal Ordinance of the City/Do.

Article 52(Measures, etc. for Prevention of Speculation) #

(1) When the head of Si/Gun/Gu judges that there exists a concern over an excessive speculation within the redevelopment area, he may let the developer submit the details reported under Article 6 (1).

(2) The head of Si/Gun/Gu shall notify the competent tax office of the reported details and transaction trends submitted under paragraph (1). The same shall apply to the case where the head of Si/Gun/Gu directly implements the redevelopment project.

Article 53(Establishment, etc. of Fund) #

(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of Si/ Gun, who formulates the principal plan for redevelopment under Article 3 (1), shall reserve annually a specific ratio or more of the urban planning taxes, fixed by the Presidential Decree, as the redevelopment project fund, in order to promote the said project smoothly.

(2) In case where any national or public land within the redevelopment area is sold under Article 57, not more than 30/100 of proceeds from the sale of national land, and a specific ratio of proceeds from the sale of public land, fixed by the Municipal Ordinance of the City/ Do, shall be laid aside for the redevelopment project fund through a consultation with its management agency, notwithstanding the provisions of the State Properties Act, Local Finance Act, or other regulations related to the management and disposition of national properties.

(3) The amount to be borne under Article 47, a part of the portions reverted to the local government out of the development burdens under the Restitution of Development Gains Act which has been generated by the redevelopment project, and other financial resources fixed by the Municipal Ordinance of the City/ Do, shall be laid aside for the redevelopment project fund of the relevant local government.

(4) The redevelopment project fund shall not be disbursed for any other purposes than its own purposes.

(5) Matters necessary for the management and operation of the redevelopment project fund, and the ratio, etc. to be laid aside for the redevelopment fund out of the portions of development burdens to be reverted to the local government, shall be determined by the Municipal Ordinance of the City/Do.

Article 54(Application and Exclusion of Other Acts and Subordinate Statutes) #

(1) Except as otherwise provided in this Act, the provisions of the National Land Planning and Utilization Act (excluding Article 43 (1)) shall be applied to the matters necessary for the redevelopment project. <Amended by Act No. 6655, Feb. 4, 2002>

(2) The provisions of Article 38 of the Land Compartmentalization and Rearrangement Projects Act shall apply mutatis mutandis to the perusal, etc. of related books by the developer, and except as otherwise provided in this Act with regard to the administrative disposition plan, the provisions related to the plan for land substitution in the Land Compartmentalization and Rearrangement Projects Act shall be applied mutatis mutandis.

(3) The provisions related to approval set forth in Articles 36 (2) and 70 (1) of the Building Act shall not be applied to any implementation of the redevelopment project.

Article 55(Installation, etc. of Public Facilities) #

(1) Any public facilities within the redevelopment area shall be installed by a developer: Provided, That the head of Si/Gun/Gu may, if deemed necessary, install the public facilities within the redevelopment area under Articles 88 through 91, and 93 through 96 of the National Land Planning and Utilization Act, and in case where any public facilities are installed, they shall be compatible with the contents of public announcement under Article 4 (4). <Amended by Act No. 6655, Feb. 4, 2002>

(2) Any person whose land, etc. have been expropriated for the installation of public facilities under the proviso of paragraph (1), may put in a claim for purchase in preference over the others for the site or constructed facilities intended for sale by the developer within the relevant redevelopment area.

(3) Matters necessary for the method of determining a purchase price, payment period, payment method including the payment in installments, etc. under paragraph (2), shall be prescribed by the Presidential Decree.

(4) When the redevelopment area is designated or modified under Article 4 in order to prevent an excessive traffic congestion due to the implementation of housing redevelopment project and to protect urban scenery, the building volume ratio, number of floors in buildings, or the installation of parking lots may be prescribed by the Municipal Ordinance of the City/Do by tightening the standards therefor, within the extent of standards prescribed by the Presidential Decree, notwithstanding the provisions of the related Acts and subordinate statutes, such as the Building Act, Housing Construction Promotion Act, etc.

(5) When it is necessary for installing an approach way to the redevelopment area, the Mayor/Do governor may designate, as the redevelopment area, the area of an approach way including an area adjacent thereto. In this case, when the owner of land, etc., partnership, or thirdparty developer performs the divided implementation under Article 5, he may apply for an authorization for project implementation by obtaining the consent of the owners of one half or more land sizes within the relevant approach way area, and that of one half or more of the total number of landowners and building owners, notwithstanding the provisions of Article 22.

Article 56(Reversion of Public Facilities and Land, etc.) #

(1) In case where a developer, who is the head of Si/Gun/Gu or the Corporation, has newly installed new public facilities due to an implementation of redevelopment project, or installed the public facilities replacing the existing ones, the previous public facilities shall revert gratuitously to the developer, and the newly-installed public facilities shall revert gratuitously to the State or local government to manage them, notwithstanding the provisions of the State Properties Act and the Local Finance Act.

(2) The public facilities newly installed by the owner of land, etc., partnership or third-party developer due to the implementation of redevelopment project, shall revert gratuitously to the State or local government to manage them, and the public facilities owned by the State or local government whose usage is to be abolished due to the implementation of redevelopment project shall revert gratuitously to the developer within the extent equivalent to the costs for installing the public facilities newly installed by him, notwithstanding the provisions of the State Properties Act and the Local Finance Act.

(3) When the head of Si/Gun/Gu intends to implement the redevelopment project including the matters of reversion and transfer of public facilities under paragraphs (1) and (2), or to authorize its implementation, he shall hear in advance the opinions of its management office. The same shall also apply to the case of modifying the authorized matters.

(4) With regard to the public facilities to be reverted to the management office and the properties to be reverted or transferred to the developer under paragraphs (1) and (2), the developer shall notify the management office of the types and particulars of redevelopment project prior to the completion of such project, and the relevant public facilities shall be deemed to have been reverted to the State or local government, or reverted or transferred to the developer, when the inspection on work completion has been notified to the management office upon of the completion of works for such project.

(5) In making a registration of public facilities under paragraph (4), the written authorization for implementation of redevelopment project and the written inspection on work completion (in case where the head of Si/Gun/Gu directly implements a redevelopment project, referring to a public announcement under Article 23 (3) and a public notice of work

completion under Article 38 (2), respectively) shall substitute for the documents to attest the causes of registration pursuant to the Registration of Real Estate Act.

Article 57(Disposition, etc. of National or Public Property) #

(1) When any disposition of the national or public land is contained in the project implementation plan which is intended to be directly prepared or to be authorized by the head of Si/Gun/Gu under Article 22, 23 or 24, he shall hold in advance a consultation with the management office. In this case, the Minister Construction and Transportation shall be deemed to be the management office for the roads, rivers, ditches, etc. from among the properties whose management offices are obscure, and the Minister of Finance and Economy shall be deemed to be the said office for any other properties.

(2) Any national or public lands within the redevelopment area shall not be sold or transferred for any other purposes than redevelopment projects, and they may be sold or leased to a developer, occupant, or user in preference over others, notwithstanding the management plans for national properties or for public properties under Article 12 of the State Properties Act or Article 77 of the Local Finance Act: Provided, That the same shall not apply to such properties as are used in fact for the public or official purposes, from among the administrative property and preserved property under Article 4 of the State Properties Act and under Article 72 of the Local Finance Act, which are prescribed by the Presidential Decree.

(3) Any national or public lands, which may be preferentially sold or leased under paragraph (2), shall be deemed that their previous usage has been abolished from the date of a public announcement of project implementation, notwithstanding the provisions of the State Properties Act, the Local Finance Act, and other Acts and subordinate statutes related to the management and disposition of the national or public lands.

(4) The sale price of national or public lands to be preferentially sold under paragraph (2) shall be assessed on the basis of the date of a public announcement of project implementation, but in fixing the price in case where any contract for sale is not concluded within 2 years from the date of a public announcement of project implementation, the related provisions in the State Properties Act and the Local Finance Act shall govern.

Article 58(Deliberation of Redevelopment Project) #

Matters falling under each of the following subparagraphs pertaining to the redevelopment project shall go through a deliberation by the Urban Planning Committee. In this case, the Urban Planning Committee shall ensure that the owners of lands, etc. within the relevant area subject to a deliberation participate therein, under the conditions as prescribed by the Presidential Decree:

1. Formulation and adjustment of the principal redevelopment plan;

2. Designation and modification of the redevelopment area;

3. Recommendation of consultation and other presentation of opinions to the party when making a purchase by consultation;

4. In the case of project implementation by other person than the head of Si/Gun/ Gu, recommendation, advice, and other demand for necessary measures, for a prior prevention of any disputes;

5. Submission of the written opinions or data to the Land Expropriation Committee;

6. Matters related to the cancellation of authorization, etc. due to a change of the situation under Article 50 (2); and

7. Other matters requiring a deliberation by the Urban Planning Committee under the provisions of this Act.

Article 59(Custody of Related Documents) #

(1) When the developer, who is the owner of land, etc., partnership or third-party developer, has completed or discontinued a redevelopment project, he shall hand over the related documents to the head of Si/Gun/ Gu under the conditions as prescribed by the Municipal Ordinance of the City/Do.

(2) The developer who is the head of Si/Gun/Gu or a Corporation, and the head of Si/Gun/Gu who has taken over the related documents under paragraph (1), shall take the documents related to a relevant redevelopment project in custody for 5 years.

Article 60(Administrative Appeal) #

When the developer is dissatisfied with any disposition made under this Act, he may institute an administrative appeal against the Mayor/Do governor: Provided, That in respect of what are related with the dispositions by the Korean Housing Corporation and the Korea Land Corporation, any administrative appeal shall be instituted against the Minister of Construction and Transportation.

Article 61(Legal Fiction as Public Officials in Applying Penal Provisions) #

Officers and employees of the partnership under this Act shall be deemed to be public officials in applying Articles 129 through 132 of the Criminal Act.

Article 62(Penal Provisions) #

Any person who falls under one of the following subparagraphs shall be punished by imprisonment for not more than 2 years or a fine not exceeding 20 million won:

1. Person who has implemented the project without obtaining an authorization for the project implementation under the provisions of Article 22, 23 or 24; and

2. Person who has made a disposition of parceling-out without obtaining an authorization for the administrative disposition plan under the provisions of Article 34.

Article 63(Penal Provisions) #

Any person who falls under one of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding 10 million won:

1. Person who has refused, obstructed or avoided the investigation under the provisions of Article 49 (2);

2. Person who has failed to undergo an audit of accounts under the provisions of Article 49 (4); and

3. Person who has violated the disposition, measures or order under the provisions of Article 50.

Article 64(Fine for Negligence) #

(1) Any person who falls under one of the following subparagraphs shall be punished by a fine for negligence not exceeding 5 million won:

1. Person who has violated the provisions of Article 13 (3);

2. Person who has neglected the notification under the provisions of Article 33 (1), 34 (6), or 38 (4);

3. Person who has neglected to file reports or to submit the data under the provisions of Article 49 (2); and

4. Person who has neglected to hand over the related documents under the provisions of Article 59.

(2) The fine for negligence under the provisions of paragraph (1) shall be imposed and collected by the head of Si/Gun/Gu under the conditions as prescribed by the Presidential Decree.

(3) Any person who is dissatisfied with a disposition of fine for negligence under the provisions of paragraph (2) may raise an objection to the authority for such disposition within 30 days from the date of receiving the notice of such disposition.

(4) In case where any person subjected to a disposition of a fine for negligence under the provisions of paragraph (2) raise an objection under the provisions of paragraph (3), the authority for such disposition shall promptly notify the competent court thereof, and the court in receipt of such a notice shall bring the case to trial under the Non-Contentious Case Litigation Procedure Act.

(5) If neither an objection is raised nor is a fine for negligence paid within the period as prescribed in paragraph (3), it shall be collected by referring to the practices of dispositions on default of local taxes.

Article 65(Joint Penal Provisions) #

If the representative of a juristic person, or an agent, an employee or any other employed person of the juristic person or an individual has committed such an act as prescribed in Articles 62 and 63 in connection with the affairs of said juristic person or individual, not only shall such an actor be punished accordingly, but the juristic person or individual shall be punished by a fine under a respective relevant Article.