ACT ON THE IMPROVEMENT OF URBAN AREAS AND RESIDENTIAL ENVIRONMENTS

영문법령 불러오는 중…

ACT ON THE IMPROVEMENT OF URBAN AREAS AND RESIDENTIAL ENVIRONMENTS — 법갈피

Article 9(Details of improvement plans) #

(1) An improvement plan shall include the following: <Amended on Jan. 16, 2018; Apr. 13, 2021; Jun. 10, 2022; Jan. 31, 2025>

1. The name of the improvement project;

2. The improvement zone and its area;

2-2. The estimated charge apportioned to the owners of a plot of land or structure by type and the ground for calculating the amount;

3. A plan for constructing urban or Gun planning facilities;

4. A plan for constructing common facilities;

5. A plan regarding main uses, the building-to-land ratio, the floor area ratio and height of each structure;

6. A plan for environmental conservation and disaster prevention;

7. A plan for protecting educational environments around the improvement zone;

8. Measures for housing tenants;

9. The time frames for implementing the improvement project;

10. The following matters, if it is intended to supply units of publicly-funded private rental housing or to entrust houses to a housing rental management business operator under subparagraph 11 of Article 2 of that Act (hereinafter referred to as "housing rental management business operator") for rental purposes; provided, items (b) and (c) shall be included only where a project meets the criteria prescribed by Presidential Decree with the ratio of publicly-funded private rental housing units or housing units the rental of which is outsourced to a housing rental management business operator (hereinafter referred to as "housing units under outsourced rental management") to the total number of housing units to be built being at least 20/100 and with the rent term being at least eight years:

(a) A land use plan for each lot for publicly-funded private rental housing units or housing units under outsourced rental management;

(b) A plan regarding the uses of structures, necessary for promoting combined land use by combining functions of housing, commercial activities, business activities, etc.;

(c) A plan for subdividing or altering a residential area provided for in Article 36 (1) 1 (a) of the National Land Planning and Utilization Act and the floor area ratio;

(d) Other matters prescribed by Presidential Decree for efficient supply, etc. of publicly-funded private rental housing units or housing units under outsourced rental management;

11. A plan regarding the matters specified in Article 52 (1) of the National Land Planning and Utilization Act (only where such matters are necessary);

12. Other matters prescribed by Presidential Decree as necessary for implementing improvement projects.

(2) An improvement plan that includes the matters specified in paragraph (1) 10 (c) need not comply with the relevant master plan that includes a plan for the density of structures, including the building-to-land ratio and the floor area ratio, under Article 5 (1) 11.

(3) When a Special Metropolitan City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun or the head of a Gu or a Gun in a Metropolitan City (hereinafter referred to as the "Authority to formulate improvement plans") formulates an improvement plan for an area for which a master plan has been formulated, including the matters specified in Article 5 (2), pursuant to Article 8 (4) or (5), he or she may formulate a detailed plan for the matters specified in Article 5 (2) for the relevant living circle where the improvement zone is located.

(4) Guidelines and methods for formulating improvement plans shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.

Article 12(Reconstruction diagnoses for reconstruction projects) #

(1) The head of a Si/Gun, etc. shall conduct a reconstruction diagnosis from the time for formulating an improvement plan for each prospective improvement zone under Article 5 (1) 10 arrives until the project implementation plan under Article 50 is authorized (hereinafter referred to as "authorization of the project implementation plan"). <Amended on Dec. 3, 2024>

(2) Notwithstanding paragraph (1), the head of a Si/Gun, etc. shall conduct a reconstruction diagnosis in any of the following cases; in such cases, the head of the Si/Gun, etc. shall require the person who requests the reconstruction diagnosis to bear expenses incurred in conducting the reconstruction diagnosis: <Amended on Dec. 3, 2024>

1. Where a person who intends to request the formulation of an implementation plan in accordance with Article 13-2 requests a reconstruction diagnosis with the consent of at least 1/10 of the owners of a structure and the land appurtenant to such structure in the relevant prospective improvement zone or prospective project zone before requesting the formulation of such plan;

2. Where a person who intends to propose the formulation of an implementation plan in accordance with Article 14 requests a reconstruction diagnosis with the consent of at least 1/10 of the owners of a structure and the land appurtenant to such structure in the relevant prospective improvement zone before proposing the formulation of such plan;

3. Where a person who intends to conduct a reconstruction project in an area not designated as a prospective improvement zone in accordance with Article 5 (2) requests a reconstruction diagnosis with the consent of at least 1/10 of the owners of a structure and the land appurtenant to such structure in the prospective project zone;

4. Where the owner of a building falling under subparagraph 3 (b) of Article 2, who intends to implement a reconstruction project, requests the implementation of a reconstruction diagnosis with consent of at least 1/10 of the owners of the building located in the prospective project area and land appurtenant thereto;

5. Where a person who intends to implement a reconstruction project in an area where an implementation plan has been formulated and made available to residents for inspection in accordance with Article 15 or an area designated as an improvement zone in accordance with Article 16 requests a reconstruction diagnosis with the consent of at least 1/10 of the owners of a structure and the land appurtenant to such structure located in the relevant zone;

6. Where a committee for promoting the establishment of an association (hereinafter referred to as "promoters' committee") approved by the head of the Si/Gun, etc. in accordance with Article 31 or a project implementer requests to implement a reconstruction diagnosis.

(3) A reconstruction diagnosis for a reconstruction project under paragraph (1) shall be conducted on structures in a housing complex (including adjoining complexes); provided, the structures prescribed by Presidential Decree in a housing complex may be excluded from such reconstruction diagnosis. <Amended on Dec. 3, 2024>

(4) The head of a Si/Gun, etc. shall entrust a reconstruction diagnosis institution prescribed by Presidential Decree to conduct a reconstruction diagnosis regarding the appropriateness of residential environments, structural safety of relevant structures, architectural finishes, the level of deterioration of facilities, etc. <Amended on Dec. 3, 2024>

(5) The reconstruction diagnosis institution entrusted to conduct a reconstruction diagnosis in accordance with paragraph (4) shall conduct reconstruction diagnosis in accordance with the standards determined and publicly notified by the Minister of Land, Infrastructure and Transport (including expenses incurred in securing seismic performance of buildings), prepare a report on the result of reconstruction diagnosis in accordance with the methods and procedures prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and submit it to the head of the relevant Si/Gun, etc. and the person who has requested a reconstruction diagnosis in accordance with paragraph (2). <Amended on Dec. 3, 2024>

(6) The head of a Si/Gun, etc. shall determine whether to authorize a project implementation plan (including adjustment of time frames under Article 75) by comprehensively examining the findings of the reconstruction diagnosis, urban planning, local conditions, etc. <Amended on Dec. 3, 2024>

(7) Subject matters of reconstruction diagnoses, the standards for reconstruction diagnoses, institutions authorized to conduct reconstruction diagnoses, the procedures for designating such institutions, fees, measures for findings thereof, etc. under paragraphs (1) through (6) shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2024>

[Title Amended on Dec. 3, 2024]

Article 13(Assessment of validity of findings from reconstruction diagnoses) #

(1) Upon receipt of a report on findings of a reconstruction diagnosis in accordance with Article 12 (5), the head of a Si/Gun, etc. (excluding a Special Self-Governing City Mayor and Special Self-Governing Province Governor; hereafter in this Article the same shall apply) shall without delay submit the report on findings of the relevant reconstruction diagnosis to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor. <Amended on Dec. 3, 2024>

(2) If necessary, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may request the Korea Authority of Land and Infrastructure Safety under the Act on the Korea Authority of Land and Infrastructure Safety or the Korea Institute of Civil Engineering and Building Technology under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes to assess the validity of findings of a reconstruction diagnosis. <Amended on Jun. 9, 2020; Dec. 3, 2024>

(3) The Minister of Land, Infrastructure and Transport may request a Mayor/Do Governor to submit a report on findings of a reconstruction diagnosis and may also request the Mayor/Do Governor to assess the validity of the findings of the reconstruction diagnosis, if necessary. <Amended on Jun. 9, 2020; Dec. 3, 2024>

(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor may request the head of a Si/Gun, etc. to take measures prescribed by Presidential Decree, such as a request for correction of the reconstruction diagnosis, if necessary based on the findings under paragraphs (2) and (3), and the head of the Si/Gun, etc. comply therewith unless there is a compelling reason not to do so. <Amended on Dec. 3, 2024>

(5) Matters necessary for assessing findings of reconstruction diagnoses under paragraphs (1) through (4) shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2024>

[Title Amended on Dec. 3, 2024]

Article 13-2(Requests for formulating improvement plans for designating improvement zones) #

(1) The owner of a plot of land or structure or a promoters' committee may request the Authority to formulate improvement plans to formulate an improvement plan for designating an improvement zone in any of the following cases: <Amended on Dec. 3, 2024>

1. Cases prescribed by Presidential Decree in which a master plan has not been formulated in accordance with the proviso of Article 4 (1);

2. Where no improvement plan has been formulated even after the deadline for formulating an improvement plan for each prospective improvement zone, according to the relevant phased improvement project implementation plan under Article 5 (1) 10;

3. Where matters under Article 5 (1) 9 and 10 are omitted in a master plan in accordance with paragraph (2) of that Article;

4. Where it is deemed necessary to implement an improvement project urgently due to any unavoidable reason prescribed by Presidential Decree, such as a natural disaster.

(2) Upon receipt of a request under paragraph (1), the Authority to formulate improvement plans shall determine whether to formulate an improvement plan and notify the owner of a plot of land or structure and the Authority to designate improvement zones thereof, within four months from the date of request; provided, the Authority to formulate improvement plans may extend the deadline for determining whether to formulate an improvement plan only once by up to two months.

(3) The Authority to designate improvement zones shall formulate basic directions for the use of land, construction of housing, installation of infrastructure, etc. (hereinafter referred to as "basic directions of an improvement plan") and present it to the Authority to formulate improvement plans, in any of the following cases:

1. Where the Authority to formulate improvement plans notifies the owners of a plot of land or structure of the determination to formulate an improvement plan pursuant to paragraph (2);

2. Where the Authority to formulate improvement plans makes a request according to a phased improvement project implementation plan under Article 5 (1) 10;

3. Cases prescribed by Presidential Decree where the Authority to formulate improvement plans determines to formulate improvement plans pursuant to Article 12 (6);

4. Cases prescribed by Presidential Decree where an improvement plan is amended.

(4) Except as provided in paragraphs (1) through (3), matters necessary for the preparation of requests for the designation of an improvement zone, the consent of the owners of a plot of land or structure, the processing of requests, and the formulation of basic directions of an improvement plan shall be prescribed by Presidential Decree.

[This Article Added on Jul. 18, 2023]

Article 14(Proposals to formulate improvement plans) #

(1) The owner of a plot of land or structure (in cases falling under subparagraph 5, referring to a person who intends to be a project implementer in accordance with Article 26 (1) 1 or 27 (1) 1) or the promoters' committee may propose the Authority to formulate improvement plans to draw up such plan in any of the following cases: <Amended on Jan. 16, 2018; Apr. 13, 2021; Dec. 3, 2024>

1. Where no improvement plan has been formulated even after the deadline for formulating an improvement plan for each prospective improvement zone, according to the relevant phased improvement project implementation plan under Article 5 (1) 10; or where no deadline is specified for formulating an improvement plan for each prospective improvement zone under that subparagraph;

2. Where the owner of a plot of land or structure intends to request the Authority to formulate improvement plans to designate the Korea Land and Housing Corporation or a local government-invested public corporation as a project implementer pursuant to Article 26 (1) 7 or 8;

3. Where a Si not recognized as a large city or a Gun is specified by City/Do ordinance;

4. Where a request is made to formulate an improvement plan that includes the matters specified in Article 9 (1) 10 to supply publicly-funded private rental housing units through an improvement project or to outsource rental of houses to a housing rental management business operator;

5. Where it is intended to implement an improvement project pursuant to Article 26 (1) 1 or 27 (1) 1;

6. Where the owners of a plot of land or structure (referring to members of the relevant association, if it exists; hereafter in this subparagraph the same shall apply) request an amendment of the relevant improvement plan with the consent of at least 2/3 of them; provided, it is unnecessary to follow the procedures for obtaining consent of the owners of a plot of land or structure, if it is intended to amend any of the minor matters under Article 15 (3);

7. Where the owners of a plot of land or structure intend to promote a public redevelopment project or public reconstruction project.

(2) Matters necessary for obtaining consent of the owners of a plot of land or structure to propose the formulation of improvement plans and for processing such proposal, etc. shall be prescribed by Presidential Decree.

Article 19(Restrictions on activities) #

(1) A person who intends to engage in any of the following activities in an improvement zone shall obtain permission from the head of a Si/Gun, etc.; the same shall apply where he or she intends to modify permitted matters:

1. Building a structure;

2. Installing an artificial structure;

3. Changing the form or quality of land;

4. Extracting soil and stone;

5. Partitioning land;

6. Storing materials;

7. Other activities prescribed by Presidential Decree.

(2) Notwithstanding paragraph (1), any of the following activities may be engaged in without permission: <Amended on Apr. 23, 2019>

1. Activities for emergency measures necessary for relief or recovery from a disaster;

2. Where an accident, such as collapse of an existing building, is likely to occur, activities as part of safety measures for the relevant building;

3. Other activities prescribed by Presidential Decree.

(3) A person who has obtained a permit for an activity requiring a permit under paragraph (1) according to relevant statutes or regulations a person who commenced construction works or project for any activity not requiring a permit at the time the relevant improvement zone was designated and publicly notified may continue the works or project after reporting the activity to the head of a Si/Gun, etc., as prescribed by Presidential Decree.

(4) The head of a Si/Gun, etc. may order any person who violates paragraph (1) to reinstate the relevant area. If the person so ordered fails to perform such obligation, the head of a Si/Gun, etc. may perform the obligation on behalf of the person pursuant to the Administrative Vicarious Execution Act.

(5) Except as otherwise under this Act, Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply to permits issued under paragraph (1).

(6) A permit issued under paragraph (1) shall be deemed a permit issued under Article 56 of the National Land Planning and Utilization Act.

(7) In order to prevent uneconomical construction of structures and an influx of speculative demand, the Minister of Land, Infrastructure and Transport, a City Mayor, Do Governor or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) may restrict the following activities in a prospective improvement zone for which a master plan has been made available for public inspection; or in an area for which an improvement plan is being formulated, in accordance with Article 6 (1), for a specified period not exceeding 3 years (the period may be extended only once by up to 1 year), according to the method and procedure prescribed by Presidential Decree: <Amended on Jan. 30, 2024>

1. Building a structure;

2. Partitioning land;

3. Converting general building registers from among building registers under Article 38 of the Building Act to collective building registers;

4. Dividing section for exclusive possession in collective building registers from among building registers under Article 38 of the Building Act.

(8) No local-based housing association under subparagraph 11 (a) of Article 2 of the Housing Act, shall solicit people to join the association as its members in a prospective improvement zone or an improvement zone (hereinafter referred to as "improvement zone, etc."). <Added on Jun. 12, 2018>

Article 20(Cancellation of improvement zones) #

(1) The Authority to designate improvement zones shall cancel an improvement zone, etc. in any of the following cases: <Amended on Jun. 12, 2018; Dec. 3, 2024>

1. Where the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun does not designate a prospective improvement zone as an improvement zone or the head of a Gu or a Gun in a Metropolitan City does not apply for a prospective improvement zone to be designated as an improvement zone, within three years from the scheduled date for designation of an improvement zone as specified in the master plan;

2. Where a redevelopment or reconstruction project (limited to projects implemented by an association established under Article 35 (hereinafter referred to as "association") falls under any of the following:

(a) Where the owners of a plot of land or structure fail to apply for approval of the promoters' committee by the second anniversary of the date of designation and public notice of the relevant improvement zone (limited to where the promoters' committee is organized in accordance with Article 31 (2) 1);

(b) Where the owners of a plot of land or structure fail to apply for authorization to establish an association under Article 35 (hereinafter referred to as "authorization to establish an association") by the third anniversary of the date of designation and public notice of the relevant improvement zone (limited to where the owners of a plot of land or structure do not organize a promoters' committee in accordance with Article 31 (7));

(c) Where the promoters' committee fails to apply for authorization to establish an association by the second anniversary of the date of approval of the promoters' committee (where the promoters' committee is organized in accordance with Article 31 (2) 2, it shall be deemed the date of designation and public notice of the relevant improvement zone under Article 16);

(d) Where an association fails to apply for authorization of a project implementation plan by the third anniversary of the date of authorization to establish the association;

3. Where the owners of a plot of land or structure fails to apply for authorization of a project implementation plan for a redevelopment project implemented by such owners of a plot of land or structure by the fifth anniversary of the date of designation and public notice of the relevant improvement zone.

(2) In any of the cases specified in paragraph (1), the head of a Gu or a Gun in a Metropolitan City shall request the competent Special Metropolitan City Mayor or Metropolitan City Mayor to cancel an improvement zone, etc.

(3) In either of the following cases, a Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun or the head of a Gu or a Gun in a Metropolitan City shall make his or her plan for canceling an improvement zone available to residents for inspection for at least 30 days to gather their consensus:

1. To cancel an improvement zone, etc. pursuant to paragraph (1);

2. To request the cancellation of an improvement zone, etc. pursuant to paragraph (2).

(4) When a Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun or the head of a Gu or a Gun in a Metropolitan City makes his or her plan for canceling an improvement zone available for public inspection under paragraph (3), he or she shall seek the opinion of the relevant local council on the plan. In such cases, the local council shall present its opinion to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of the Si/Gun or the head of a Gu or a Gun in a Metropolitan City in a Metropolitan City within 60 days from the date it is notified of the plan for canceling the improvement zone, etc. by the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of the Si/Gun or the head of the Gu or Gun in a Metropolitan City; but if it fails to present any opinion within the 60-day period, it shall be deemed to have no objection to the cancellation.

(5) When the Authority to designate improvement zones is requested to cancel an improvement zone or intends to cancel an improvement zone under paragraphs (1) through (4), the Authority shall refer the case to the local urban planning committee for deliberation; provided, in cases of an urban renewal acceleration district designated under Article 5 of the Special Act on the Promotion of Urban Renewal, the Authority shall cancel an improvement zone, etc., after deliberation by the relevant urban renewal committee established under Article 34 of that Act (hereinafter referred to as "urban renewal committee"). <Amended on Apr. 13, 2021>

(6) In either of the following cases, the Authority to designate improvement zones needs not cancel an improvement zone, etc. by extending the relevant deadline under paragraph (1) 1 through 3 by up to two years, notwithstanding paragraph (1):

1. Where the owners of a plot of land or structure in an improvement zone (referring to members of the relevant association, if it exists) request an extension, with the consent of at least 30/100 of the owners, before the relevant deadline under paragraph (1) 1 through 3 expires;

2. Where the Authority deems it necessary to maintain an improvement zone for the organized improvement, etc. of residential environments, in light of the progress of the relevant improvement project.

(7) When the Authority to designate improvement zones cancels an improvement zone under paragraph (5) (or elects not to cancel an improvement zone under paragraph (6)), the Authority shall give public notice of such cancellation in the public gazette of the relevant local government; notify the Minister of Land, Infrastructure and Transport thereof; and make relevant documents available to the general public for inspection.

Article 21(Ex officio cancellation of improvement zones) #

(1) The Authority to designate improvement zones may cancel designation of an improvement zone, etc., after deliberation by the local urban planning committee, in any of the following cases. Detailed criteria for eligibility under subparagraphs 1 and 2 and other necessary matters shall be prescribed by City/Do ordinance: <Amended on Apr. 23, 2019; Jun. 9, 2020>

1. Where implementing an improvement project will impose excessive burdens on the owners of a plot of land or structure;

2. Where the objectives of designating an improvement zone are deemed unattainable in light of the progress in promoting the improvement zone, etc.;

3. Where at least 30/100 of the owners of a plot of land or structure requests the cancellation of an improvement zone (limited to where a promoters' committee for such zone has not been organized);

4. Where the objectives of designating an improvement zone are deemed unattainable in light of the progress made in implementation, and at least a majority of the owners of a plot of land or structure consent to cancel the improvement zone, although at least 10 years have passed since the date such improvement zone was designated and publicly notified for a residential environment improvement project that has been implemented, as prescribed in Article 23 (1) 1;

5. Where at least 1/2 but not more than 2/3 of the owners of a plot of land or structure who have consented to the formation of a promoters' committee or the establishment of an association request the cancellation of designation of an improvement zone with the consent of at least the percentage prescribed by City/Do ordinance (limited to where no application is filed for authorization of a project implementation plan);

6. Where the owners of a plot of land or structure requests the cancellation of designation of an improvement zone where a promoters' committee is formed or an association is established with the consent of a majority of the owners of a plot of land or structure (limited to where no application is filed for authorization of a project implementation plan).

(2) Article 20 (3) through (5) and (7) shall apply mutatis mutandis to procedures for canceling an improvement zone, etc. under paragraph (1).

(3) If approval for organizing a promoters' committee or authorization to establish an association is revoked following cancellation of an improvement zone, etc. under paragraph (1), the Authority to designate improvement zones may partially subsidize expenses incurred by the promoters' committee or association, as prescribed by City/Do ordinance, within the limits prescribed by Presidential Decree.

Article 23(Methods for implementing improvement projects) #

(1) A residential environment improvement project shall be implemented by any of the following methods or by combining the following methods:

1. The project implementer under Article 24 constructs new fundamental infrastructure and common facilities or expands existing fundamental infrastructure and common facilities in the improvement zone; and the owners of a plot of land or a building directly repair, improve or ameliorate houses;

2. The project implementer under Article 24 builds houses by fully or partially expropriating the improvement zone under Article 63, and then supplies the houses preferentially to the owners of a plot of land or a building in the improvement zone or building sites to the owners of a plot of land or a building in the improvement zone or any person other than owners of a plot of land or a building in the improvement zone;

3. The project implementer under Article 24 supplies plots of land after replotting the improvement zone under Article 69 (2);

4. The project implementer under Article 24 builds and supplies houses, appurtenant facilities and welfare facilities in the improvement zone, according to the management and disposal plan authorized under Article 74.

(2) A redevelopment project shall be implemented by building and supplying structures in the improvement zone, according to the management and disposal plan authorized under Article 74; or by supplying plots of land after replotting the improvement zone under Article 69 (2).

(3) A reconstruction project shall be implemented by constructing and supplying structures in the improvement zone based on the management and disposal plan authorized in accordance with Article 74; provided, in the case of structures not located in a housing complex, it shall be limited to a project deemed as improvement zone, which is unavoidable for the implementation of the project, in light of geographical conditions and surrounding environments. <Amended on Jan. 31, 2025>

(4) Where a structure is built and supplied in accordance with paragraph (3), a structure other than housing, appurtenant facilities, and welfare facilities (hereafter referred to as "building other than multi-family housing" in this paragraph) may be built only in a quasi-residential area or commercial area under the National Land Planning and Utilization Act. In such cases, the total floor area of the building other than multi-family housing shall not exceed 30/100 of the total floor area of all structures. <Amended on Jan. 31, 2025>

Article 24(Implementers of residential environment improvement projects) #

(1) A residential environment improvement project to be implemented as prescribed in Article 23 (1) 1 shall be implemented by the head of a Si/Gun, etc.; but the Korea Land and Housing Corporation or a local government-invested public corporation shall obtain consent from a majority of the owners of a plot of land or structure as at the date of public announcement of public inspection under Article 15 (1), if the head of a Si/Gun, etc. intends to designate it as a project implementer to implement such project.

(2) The head of a Si/Gun, etc. may directly implement a residential environmental improvement project to be implemented as prescribed in Article 23 (1) 2 through 4; or may authorize any of the following persons to implement such project:

1. Where the head of a Si/Gun, etc. designates any of the following persons as a project implementer:

(a) The Korea Land and Housing Corporation or a local government-invested public corporation;

(b) A corporation established with funds invested by the State, a local government, the Korea Land and Housing Corporation, a local government-invested public corporation or a public institution under Article 4 of the Act on the Management of Public Institutions in excess of 50/100 of its total equity;

2. Where the head of a Si/Gun, etc. designates a person specified in subparagraph 1 and either of the following persons as co-implementers:

(a) A constructor registered under Article 9 of the Framework Act on the Construction Industry (hereinafter referred to as "constructor");

(b) A registered business entity deemed a constructor under Article 7 (1) of the Housing Act (hereinafter referred to as "registered business entity").

(3) In order to implement a residential environment improvement project pursuant to paragraph (2), consent shall be obtained from at least 2/3 of the owners of a plot of land or structure in the relevant prospective improvement zone or the holders of a surface right as of the date of public announcement of public inspection under Article 15 (1); and from a majority of households of tenants (referring to persons who have resided in the relevant prospective improvement zone for at least three month before the date of public announcement of public inspection under Article 15 (1)); provided, consent of tenants is not required if the number of households of tenants does not exceed 1/2 of the number of the owners of a plot of land or structure or if any of the reasons prescribed by Presidential Decree exists.

(4) If the head of a Si/Gun, etc. deems it necessary to urgently implement an improvement project, because of the possible collapse of a structure due to a natural disaster or any other force majeure event, he or she may directly implement the project or may designate the Korea Land and Housing Corporation or a local government-invested public corporation as a project implementer to implement the project, without the consent of the owners of a plot of land or structure or tenants, notwithstanding paragraphs (1) and (3). In such cases, the head of a Si/Gun, etc. shall without delay notify the owners of a plot of land or structure as to why, how and when he or she will implement the improvement project urgently and other necessary information.

Article 26(Public implementers of redevelopment or reconstruction projects) #

(1) Notwithstanding Article 25, the head of a Si/Gun, etc. may directly implement an improvement project or may designate the Korea Land and Housing Corporation or a local government-invested public corporation as a project implementer (including where the Korea Land and Housing Corporation or a local government-invested public corporation jointly implements such project with a constructor or registered business entity; hereafter in this paragraph through paragraph (4) the same shall apply) to implement the improvement project, in any of the following cases: <Amended on Jun. 12, 2018; Dec. 3, 2024>

1. Where it is deemed urgent that an improvement project be implemented due to a natural disaster; the restriction or prohibition on use under Article 27 of the Framework Act on the Management of Disasters and Safety or under Article 23 of the Special Act on the Safety Control and Maintenance of Establishments; or any other unavoidable cause;

2. Where no application for authorization of a project implementation plan has been filed within two years from the scheduled date for commencement of the improvement project, specified in the improvement plan publicly notified under the former part of Article 16 (2); or where an application for authorization of a project implementation plan contains any unlawful or unjust matter (excluding reconstruction projects);

3. Where a promoters' committee fails to apply for authorization of the establishment of an association within three years from the date of approval for organization by the head of a Si/Gun, etc.; or where an association fails to apply for authorization of a project implementation plan within three years from the date of authorization to establish the association;

4. Where it is deemed necessary to implement an improvement project concurrently with an urban or Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act, which is implemented by the head of the relevant local government;

5. Where it is deemed necessary to implement an improvement project by the circulative method prescribed in Article 59 (1);

6. Where authorization of a project implementation plan is revoked under Article 113;

7. Where the area of State or public land in an improvement zone or the area of State or public land and the land owned by Korea Land and Housing Corporation or a local government-invested public corporation in the improvement zone is at least 1/2 of the total area of land in the improvement zone; and a majority of the owners of a plot of land or structure consent to designate the head of a Si/Gun, etc., the Korea Land and Housing Corporation or a local government-invested public corporation as a project implementer;

8. The landowners who own at least 1/2 of the area of land in an improvement zone and at least 2/3 of the owners of a plot of land or structure in the improvement zone request the designation of the head of a Si/Gun, etc., the Korea Land and Housing Corporation or a local government-invested public corporation as a project implementer. If the owners of a plot of land or structure proposed the formulation of an improvement plan pursuant to Article 14 (1) 2, the owners of a plot of land or structure who consented to the proposal to formulate the plan shall be deemed to have consented to designate the Korea Land and Housing Corporation or a local government-invested public corporation as a project implementer. The foregoing shall not apply to the head of a Si/Gun, etc. and the owners of a plot of land or structure who oppose designating a project implementer in a resident representatives' meeting held under Article 47.

(2) When the head of a Si/Gun, etc. directly implements an improvement project or designates the Korea Land and Housing Corporation or a local government-invested public corporation as the improvement project implementer pursuant to paragraph (1), he or she shall give public notice of the matters prescribed by Presidential Decree, which need to be notified to the owners of a plot of land or structure, such as a zone where the improvement project is to be implemented, in the public gazette of the relevant local government; provided, in cases falling under paragraph (1) 1, the owners of a plot of land or structure shall be without delay notified of why, when and how the improvement project is implemented and other necessary information.

(3) When the head of a Si/Gun, etc. directly implements an improvement project or designates and publicly notifies the Korea Land and Housing Corporation or a local government-invested public corporation as the improvement project implementer pursuant to paragraph (2), approval for organizing a promoters' committee or authorization to establish an association shall be deemed revoked on the day immediately following the date of public notice. In such cases, the head of a Si/Gun, etc. shall publicly notify relevant facts in the public gazette of the relevant local government.

(4) A person (referring to a person comprised of the owners of a plot of land or structure) who intends to conclude an agreement, a contract, etc. (hereinafter referred to as "agreement, etc.") on matters necessary for the preparation for and implementation of a redevelopment project or reconstruction project with the Korea Land and Housing Corporation or a local government-invested public corporation may conclude an agreement, etc. before the project implementer is designated under paragraph (1), after obtaining confirmation from the head of the relevant Si/Gun, etc. that he or she has undergone procedures prescribed by Presidential Decree and obtaining consent from the owners of a plot of land or structure at a ratio not less than that prescribed by Presidential Decree. <Added on Dec. 3, 2024>

(5) Matters necessary for concluding an agreement, etc. under paragraph (4) shall be prescribed by Presidential Decree. <Added on Dec. 3, 2024>

Article 27(Qualified developers of redevelopment or reconstruction projects) #

(1) In any of the following cases, the head of a Si/Gun, etc. may designate a person who meets the requirements prescribed by Presidential Decree (hereinafter referred to as "qualified developer"), among the owners of a plot of land or structure, public-private partnership corporations under subparagraph 12 of Article 2 of the Act on Public-Private Partnerships in Infrastructure, and trust business entities, as the implementer of a redevelopment or reconstruction project to implement the improvement project: <Amended on Jun. 12, 2018>

3. Where persons who meet at least the consent requirements for establishing an association for a redevelopment or reconstruction project under Article 35 consent to designate a trust business entity as the project implementer.

(2) When the head of a Si/Gun, etc. designates a qualified developer as a project implementer under paragraph (1), he or she shall give public notice of the matters prescribed by Presidential Decree, which need to be notified to the owners of a plot of land or structure, such as a zone where the improvement project is to be implemented, in the public gazette of the relevant local government; provided, in cases falling under paragraph (1) 1, the owners of a plot of land or structure shall be without delay notified as to why, when and how the improvement project will be implemented and other necessary information.

(3) A trust business entity shall provide information about the following matters to the owners of a plot of land or structure before obtaining consent necessary for designating a project implementer under paragraph (1) 3:

1. The estimated amount of the charge apportioned to the owners of each plot of land or each structure and the ground for calculating the amount;

2. Other matters prescribed by City/Do ordinance relating to the calculation, etc. of the estimated charge.

(4) The consent of the owners of each plot of land or each structure under paragraph (1) 3 shall be obtained in the consent form prescribed by Decree of the Ministry of Land, Infrastructure and Transport. The consent form in such cases shall contain all the following:

1. Schematic design of the structure to be built;

2. The cost and expenses of the relevant improvement project (hereinafter referred to as "improvement project cost"), including the cost to be incurred for removing existing structures and building new structures;

3. Standards for apportioning the improvement project cost (including the apportionment of trust fees, etc. to be paid to the trust business entity);

4. Vesting of the ownership of property after completion of the project;

5. Enforcement regulations necessary for the method for implementing the improvement project, etc.;

6. Provisions of the relevant trust agreement.

(5) When the head of a Si/Gun, etc. designates and publicly notifies a qualified developer as a project implementer under paragraph (2), approval for organizing a promoters' committee or authorization to establish an association shall be deemed revoked on the day immediately following the date of public notice. In such cases, the head of a Si/Gun, etc. shall give public notice of relevant facts in the public gazette of the relevant local government.

(6) The Minister of Land, Infrastructure and Transport may prepare a standard form contract and standard enforcement regulations, as prescribed by Presidential Decree, and recommend the use thereof for the conclusion of fair contracts between a trust business entity and the owner of a plot of land or structure. <Added on Jul. 18, 2023>

(7) A person (referring to a person comprised of the owners of a plot of land or structure) who intends to conclude an agreement, a contract, etc. (hereinafter referred to as "agreement, etc.") on matters necessary for the preparation for and implementation of a redevelopment project or reconstruction project with the Korea Land and Housing Corporation or a local government-invested public corporation may conclude an agreement, etc. before the project implementer is designated, after obtaining confirmation from the head of the relevant Si/Gun, etc. that he or she has undergone procedures prescribed by Presidential Decree and openly recruiting a trust business entity with consent from the owners of a plot of land or structure at a ratio not less than that prescribed by Presidential Decree. <Added on Dec. 3, 2024>

(8) Matters necessary for open recruitment of a trust business entity or conclusion of an agreement, etc. under paragraph (7) shall be prescribed by Presidential Decree. <Added on Dec. 3, 2024>

Article 29(Contracting methods and selection of contractors) #

(1) Except as otherwise expressly provided for in this Act or any other statute or regulation, the chairperson of a promoters' committee or a project implementer (including a liquidator) shall award contracts (including contracts for construction works, services, purchase of goods, manufacturing, etc.; hereinafter the same shall apply) through competitive bidding; provided, a contract may be awarded through bidding among designated bidders or a no-bid contract may be awarded in cases prescribed by Presidential Decree according to the scale of a contract, the occurrence of a disaster or other relevant factors. <Added on Aug. 9, 2017>

(2) If a contract exceeding the scale prescribed by Presidential Decree is to be awarded by competitive bidding under the main sentence of paragraph (1), such contract shall be concluded through the Korea On-Line Electronic Procurement System, defined in subparagraph 4 of Article 2 of the Electronic Procurement Utilization and Promotion Act (hereinafter referred to as the "Electronic Procurement System"). <Added on Aug. 9, 2017>

(3) Methods and procedures for awarding contracts under paragraphs (1) and (2) and other necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Added on Aug. 9, 2017>

(4) An association shall select a constructor or registered business entity as a contractor through competitive bidding or under a negotiated no-bid contract (limited to where no bidder succeeds in any of at least two competitive bidding processes) under paragraph (1) at its general meeting after it obtains authorization for its establishment; provided, the contractor for an improvement project not exceeding the scale prescribed by Presidential Decree may be selected at the general meeting of the association, as stipulated by its articles of association. <Amended on Aug. 9, 2017>

(5) Where the owners of a plot of land or structure implement a redevelopment project as prescribed in Article 25 (1) 2, they shall select a constructor or registered business entity as the contractor for the project according to bylaws under subparagraph 11 (b) of Article 2, after the relevant project implementation plan is authorized, notwithstanding paragraph (1). <Amended on Aug. 9, 2017>

(6) Where the head of a Si/Gun, etc. directly implements an improvement project or designates the Korea Land and Housing Corporation, a local government-invested public corporation or a qualified developer as the implementer of an improvement project pursuant to Article 26 (1) or 27 (1), the project implementer shall select a constructor or registered business entity as the contractor through competitive bidding or under a negotiated no-bid contract under paragraph (1), after the project implementer is designated and publicly notified under Article 26 (2) or 27 (2). <Amended on Aug. 9, 2017>

(7) Where a contractor is selected pursuant to paragraph (6) or the project implementer of a residential environment improvement project implemented as prescribed in Article 23 (1) 4 selects a contractor, a contractor may be recommended at the resident representatives' meeting held under Article 47 or the plenary meeting of the owners of a plot of land or structure held under Article 48 by competitive bidding prescribed by Presidential Decree or a negotiated no-bid contract (limited to where no bidder succeeds in any of at least two competitive bidding processes). <Amended on Aug. 9, 2017>

(8) An association shall hold at least two joint briefing sessions so that a constructor or a registered business entity who participates in bidding processes for the selection of a contractor under paragraph (4) may provide the owner of a plot of land or structure with information on construction works. <Added on Dec. 26, 2023>

(9) The method and timing of holding a joint briefing session under paragraph (8) shall be prescribed by Ministerial Decree of the Land, Infrastructure and Transport. <Newly established on Dec. 26, 2023>

(10) Where a contractor is recommended at the resident representatives' meeting or the plenary meeting of the owners of a plot of land or structure pursuant to paragraph (7), the project implementer shall select the recommended person as the contractor. Article 9 of the Act on Contracts to Which a Local Government Is a Party or Article 39 of the Act on the Management of Public Institutions shall not apply to any contract entered into with the contractor in such cases. <Amended on Aug. 9, 2017; Dec. 26, 2023>

(11) When a project implementer (including a project agent) enters into a contract on construction works with the contractor selected under paragraphs (4) through (7) and (10), the project implementer shall ensure that the contract provides for removal of existing structures (including inspection, dismantlement and removal of asbestos under the Asbestos Safety Management Act). <Amended on Aug. 9, 2017; Dec. 26, 2023>

[Title Amended on Aug. 9, 2017]

Article 31(Organization and approval of committees for promoting establishment of associations) #

(1) Where an association is to be established, a committee for promoting the establishment of an association shall be formed with the consent of a majority of the owners of a plot of land or structure for the following matters and shall obtain approval from the head of a Si/Gun, etc. in accordance with the method and procedures prescribed by Decree of the Ministry of Land, Infrastructure and Transport; in such cases, the head of the Si/Gun, etc. shall publicly notify the matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as the boundaries of the zone after obtaining approval and the number of the owners of a plot of land or structure, in the public gazette of the relevant local government: <Amended on Dec. 3, 2024>

1. At least 5 members of the promoters' committee (hereinafter referred to as "promoters"), including the chairperson of the promoters' committee (hereinafter referred to as "chairperson of the promoters' committee");

2. Operating rules under Article 34 (1).

(2) A promoters' committee shall be comprised of the following areas: <Added on Dec. 3, 2024>

1. An area designated and publicly notified as an improvement zone in accordance with Article 16;

2. Any of the following areas, which has not been designated and publicly notified as an improvement zone in accordance with Article 16:

(a) Areas prescribed by Presidential Decree, where no master plan has been formulated in accordance with the proviso of Article 4 (1), or where matters referred to in Article 5 (1) 9 and 10 have been omitted from a master plan in accordance with Article 5 (2);

(b) Areas where a prospective improvement zone under Article 5 (1) 9 has been established in a master plan;

(c) Areas where the formulation of an improvement plan is determined in accordance with a request for formulation under Article 13-2 or a proposal for formulation under Article 14;

(d) Areas made available to residents for inspection to formulate an improvement plan in accordance with Article 15.

(3) The owners of a plot of land or structure who consented to organize a promoters' committee in accordance with paragraph (1) (hereafter in this Article referred to as "consenters to the promoters' committee") shall be deemed to consent to establish an association prescribed in Article 35 (1) through (5); provided, this shall not apply to consenters to the promoters' committee who expressed dissent on establishing an association to the head of a Si/Gun, etc. or to the promoters' committee before an application for authorizing the establishment of an association is filed. <Amended on Dec. 3, 2024>

(4) Where the promoters‘ committee has been established and approved in accordance with paragraph (2) 2, and the difference in the area between the zone as at the time of approval and the improvement zone designated and publicly notified in accordance with Article 16 is not less than the standards prescribed by Presidential Decree, the promoters‘ committee shall obtain approval for the matters specified in paragraph (1) from the head of the Si/Gun, etc. again with consent from a majority of the owners of a plot of land or structure. In such cases, a person who has consented to the formation of the promoters‘ committee under paragraph (1) shall be deemed to have consented thereto, if the person does not withdraw his or her consent within 1 month after the designation and public notice of the improvement zone. <Added on Dec. 3, 2024>

(5) Where approval is granted under paragraph (4), the rights and obligations related to the duties of the existing promoters' committee shall be deemed to have been comprehensively succeeded to the approved promoters' committee. <Added on Dec. 3, 2024>

(6) A person who intends to obtain consent of the owners of a plot of land or structure under paragraphs (1) and (4) shall comply with the method and procedure prescribed by Presidential Decree. In such cases, the provisions of paragraph (3) shall be explained and notified to such owners before obtaining consent. <Amended on Dec. 3, 2024>

(7) No promoters' committee need be organized, if it is planned to render public assistance under Article 118 to an improvement project. In such cases, methods and procedures for establishing associations and other necessary matters shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2024>

Article 35(Authorization to establish associations) #

(1) If any person, other than the head of a Si/Gun, etc., the Korea Land and Housing Corporation, a local government-invested public corporation or a qualified developer, intends to implement an improvement project, the person shall establish an association comprised of the owners of a plot of land or structure; provided, this shall not apply where the owners of a plot of land or structure intend to implement a redevelopment project in accordance with Article 25 (1) 2.

(2) When the promoters' committee for a redevelopment project (referring to the owners of a plot of land or structure, if no promoters' committee is organized in accordance with Article 31 (7)) intends to establish an association, the promoters' committee shall file an application for authorization to establish the association with the head of a Si/Gun, etc., with the consent of at least 3/4 of the owners of a plot of land or structure and the landowners owning at least 1/2 of the area of the land for the project after the designation and public notice of an improvement zone under Article 16, along with the following: <Amended on Dec. 3, 2024>

1. Articles of association;

2. Documents specified by Decree of the Ministry of Land, Infrastructure and Transport, including data related to the improvement project costs;

3. Other documents prescribed by City/Do ordinance.

(3) When the promoters' committee for a reconstruction project (referring to the owners of a plot of land or structure, if no promoters' committee is organized in accordance with Article 31 (7)) intends to establish an association, it shall file an application for authorization with the head of a Si/Gun, etc., with the consent of a of persons majority holding a strata title (at least 1/3 in the case of welfare facilities prescribed by Presidential Decree) in each unit of multi-family housing (in the case of a welfare facility, all welfare facilities in a housing complex shall be deemed 1 unit (excluding where the number of persons holding a strata title in each unit of multi-family housing does not exceed 5) in a housing complex, consent of at least 70/100 of all persons holding a strata title in each unit of the housing complex and consent of landowners owning at least 70/100 of the area of the land for the improvement project after the designation and public notice of the improvement zone under Article 16, along with the matters specified in paragraph (2). <Amended on Dec. 3, 2024; Jan. 31, 2025>

(4) If any area not located in the relevant housing complex is included in the improvement zone, an application for authorization shall be filed with the consent of at least 3/4 of the owners of a plot of land or structure in the area not located in the housing complex and consent of landowners owning at least 2/3 of the area of the land for the improvement project, notwithstanding paragraph (3). <Amended on Apr. 23, 2019>

(5) When an association established pursuant to paragraph (2) or (3) intends to amend the authorization, the association shall pass a resolution thereon at a general meeting by the concurring votes of at least 2/3 of its members and obtain authorization for the amendment from the head of a Si/Gun, etc., submitting the data specified in paragraph (2); provided, any of the minor matters prescribed by Presidential Decree may be amended by reporting to the head of a Si/Gun, etc. without a resolution thereon at a general meeting.

(6) The head of a relevant Si/Gun/Gu shall notify a person who has filed a report of whether or not to accept it, within 20 days from the date of receiving said report under the proviso of paragraph (5). <Added on Mar. 16, 2021>

(7) Where the head of a relevant Si/Gun/Gu fails to notify a person who has filed a report of whether or not to accept it or the extension of handling period pursuant to the statutes or regulations related to civil petition handling within the period prescribed in paragraph (6), the report shall be deemed accepted on the day following the end of such period (referring to the relevant extended handling period in cases of the extension or re-extension of the handling period under the statutes or regulations related to civil petition handling). <Added on Mar. 16, 2021>

(8) Where an association implements an improvement project, the association shall be deemed the project operator under subparagraph 10 of Article 2 of the Housing Act, for the purposes of applying Article 54 of that Act; and the association shall be deemed to have completed registration of a housing construction project under Article 4 of that Act on the date of authorization to establish the association. <Amended on Mar. 16, 2021>

(9) Matters that require the consent of owners of a plot of land or structure under paragraphs (2) through (5), procedures for obtaining consent, procedures for applying for establishing an association and authorization for establishment, matters necessary for changing matters authorized shall be prescribed by Presidential Decree. <Amended on Mar. 16, 2021>

(10) A promoters' committee shall provide the owners of a plot of land or structure with information prescribed by Presidential Decree, including estimated charges, before obtaining consent necessary for establishing an association. <Amended on Mar. 16, 2021>

Article 36(Method of obtaining consent from owners of plots of land or structures) #

(1) The owner of a plot of land or structure shall consent to any of the following matters (including withdrawing consent or expressing dissent under the proviso of Article 26 (1) 8, the proviso of Article 31 (3), and the proviso of Article 47 (4)) by submitting a written consent form or digital signature consent (referring to a consent form with digital signature under subparagraph 2 of Article 2 of the Digital Signature Act on an electronic document under subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions; hereinafter the same shall apply); in such cases, the written consent form shall be submitted by the owner of a plot of land or structure by writing his or her name and putting his or her fingerprint thereon, along with a copy of his or her identification certificate, such as a resident registration certification or passport: <Amended on Mar. 16, 2021; Dec. 3, 2024>

1. Where a request is filed for extending the cancellation of an improvement zone, etc. pursuant to Article 20 (6) 1;

2. Where an owner consents to canceling an improvement zone pursuant to Article 21 (1) 4;

3. Where it is intended to designate the Korea Land and Housing Corporation or a local government-invested public corporation as the implementer of a residential environment improvement project pursuant to Article 24 (1);

4. Where the owners of a plot of land or structure intend to implement a redevelopment project pursuant to Article 25 (1) 2;

5. Where it is intended to designate the public implementer or qualified developer of a redevelopment or reconstruction project pursuant to Article 26 or 27;

6. Where it is intended to organize a committee for promoting the establishment of an association in accordance with Article 31 (1);

7. Where any business activity of the promoters' committee under Article 32 (4) is likely to incur financial burden on the owners of a plot of land or structure or change any of their rights or obligations;

8. Where it is intended to establish an association pursuant to Article 35 (2) through (5);

9. Where it is intended to hold a resident representatives' meeting pursuant to Article 47 (3);

10. Where it is intended to apply for authorization of a project implementation plan pursuant to Article 50 (6);

11. Where a project implementer intends to formulate a project implementation plan pursuant to Article 58 (3).

(2) Notwithstanding paragraph (1), if the owner of a plot of land or structure stays abroad for a long time or is a corporation; or if the head of a Si/Gun, etc. deems that any other special circumstance exists, a written consent form may be submitted with his or her registered seal affixed thereto, along with a certificate of his or her seal impression.

(3) Where a written consent form or digital signature consent form (hereafter in this paragraph referred to as "consent form") is prepared in accordance with paragraphs (1) and (2), a consent form stamped or confirmed by the head of the relevant Si/Gun, etc., in accordance with the methods prescribed by Presidential Decree, shall be used in any case specified in Articles 31 (1) and 35 (2) through (4) and an unstamped or unconfirmed consent form shall be invalid. <Amended on Dec. 3, 2024>

(4) Methods and procedures for calculating the number of consenting owners of a plot of land or structure under paragraphs (1), (2), and Article 12, methods of verifying identity on digital signature consent form, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2024>

Article 36-2(Special cases concerning calculation of number of consenting owners of plots of land or structures in redevelopment projects implemented by owners of plots of land or structures) #

(1) Where the owners of a plot of land or structure implement a redevelopment project pursuant to Article 25 (1) 2 after the designation of an improvement zone and public notice thereof (excluding the amendment to such designation and public notice thereof; hereafter in this paragraph the same shall apply) has been made, the base date for calculating the number of consenting owners of a plot of land or structure shall be classified as follows:

1. Where a proposal for amendment to an improvement plan is made pursuant to Article 14 (1) 6: The date the designation of the improvement zone and public notice thereof is made;

2. Where an application for authorization of a project implementation plan is filed pursuant to Article 50 (6): The date the amendment to designation of the improvement zone and public notice thereof is made immediately before filing the application for authorization of the project implementation plan (referring to the date the designation of the improvement zone and public notice thereof is made for any land or building acquired for the relevant improvement project, in cases where no amendment to the designation of the improvement zone is made or after the designation of the improvement zone and public notice thereof is made).

(2) In calculating the number of consenting owners of a plot of land or structure under paragraph (1), if several persons come to hold the ownership of a plot of land or structure or the surface right in the plot of land by acquiring such ownership or surface right from one owner of the plot of land or structure after the base date for calculation classified under the subparagraphs of that paragraph, one person representing such several persons shall be deemed the owner of the plot of land or structure.

[This Article Added on Jun. 10, 2022]

Article 37(Special cases concerning reuse of consent forms of owners of plots of land or structures) #

(1) If a dispute arises due to a forged consent form; withdrawal of consent; shortfall of the consenters' ratio; the method for calculating the number of consenters; or any other cause or event after obtaining authorization to establish an association (including amended authorization; hereafter in this Article the same shall apply), uncontested consent forms of the owners of a plot of land or structure may be reused in either of the following cases:

1. Where an application for amended authorization to establish an association is filed by adding or amending some consent forms, while a lawsuit to nullify or cancel authorization to establish the association is pending;

2. Where an application for authorization to establish an association is re-filed after a court ruling nullifying or canceling authorization to establish the association becomes final and conclusive.

(2) In order to reuse consent forms of the owners of a plot of land or structure under paragraph (1), an association (referring to a promoters' committee in cases falling under paragraph (1) 2) shall satisfy all the following requirements:

1. The association shall explain and notify the owners of a plot of land or structure that the existing consent forms may be reused and the procedures and methods for expressing dissent;

2. The following requirements in cases falling under paragraph (1) 2:

(a) The purpose and method of implementing the improvement project by the association to be newly established are the same as those of the improvement project implemented by the association, authorization to establish which, was finally nullified or canceled;

(b) The inaugural general meeting for establishing a new association shall be held within the period prescribed by Presidential Decree, which shall not exceed three years from the date the nullification or cancellation of authorization to establish the association became final and conclusive.

(3) The requirements for reusing consent forms of the owners of a plot of land or structure under paragraph (1) (including details of the relevant improvement project and the scope of amendment of the relevant improvement plan), methods for procedures for reuse and other necessary matters shall be prescribed by Presidential Decree.

Article 39(Eligibility requirements for association members) #

(1) Members of an association for an improvement project under Article 25 (referring to trustors, if the project implementer is a trust business entity, and persons eligible for filing an application to purchase a building site under Article 72, if the project implementer is the Korea Land and Housing Corporation or a local government-invested public corporation; hereafter in this Article the same shall apply) shall be the owners of a plot of land or structure (limited to persons consenting to a reconstruction project, if the relevant improvement project is a reconstruction project); but 1 person representing several persons shall be deemed 1 member in any of the following cases; provided, a transferee (referring to 1 representative of co-owners, if the relevant property is co-owned) of a plot of land or structure owned by a public institution relocating in accordance with the policy and other relevant measures for relocating public institutions to provincial areas and promoting the development of innovation cities under Article 25 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development shall be deemed an association member: <Amended on Aug. 9, 2017; Mar. 20, 2018; Jun. 9, 2023; May 20, 2025>

1. Where the ownership of a plot of land or structure and the surface right in the plot of land are co-owned or jointly held by several persons;

2. Where several co-owners of a plot of land or structure belong to one household. In such cases, the spouse and unmarried lineal descendants under 19 years of age, not registered on the resident registration card for the same household, shall be deemed members of one household; and several co-owners of a plot of land or structure shall be deemed members of one household, if they belonged to one household but their household has been divided into at least two households after the authorization was granted to establish the association, except for divorce or the establishment of a family branch by a child aged 19 years or more (limited to where the households are registered as separate households and the actual abode of one household is different from the actual abode of the other household);

3. Where the ownership of a plot of land or structure or the surface right in the plot of land, owned or held by one person, has been transferred to several persons after the authorization was granted to establish the association (referring to the time the project implementer was designated, if the Korea Land and Housing Corporation or a local government-invested public corporation, or a trust business entity was designated as the project implementer in accordance with Article 26 (1) or 27 (1) 3 before authorizing the establishment of the association; hereafter in this Article the same shall apply).

(2) A person who acquires (including purchasing, accepting conveyance as a gift, and all other actions that cause a change in a right or interest, but excluding the transfer and acquisition by inheritance or as a consequence of divorce; hereafter in this Article the same shall apply) a structure or a plot of land included in an improvement project after the establishment of the association was authorized for a reconstruction project to be implemented in an area designated as an high-speculation area under Article 63 (1) of the Housing Act (hereinafter referred to as "high-speculation area"); or any person who acquires a structure or a plot of land included in an improvement project after a management and disposal plan under Article 74 was authorized for a redevelopment project is ineligible for membership in an association, notwithstanding paragraph (1); provided, this shall not apply to any person who acquires a structure or a plot of land from a transferor, if the transferor is in any of the following circumstances: <Amended on Oct. 24, 2017; Jun. 9, 2020; Apr. 13, 2021>

1. Where all members of his or her household relocate to the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun, in which the relevant project zone is not located, due to the job or business, the medical treatment of a disease (limited to where the head of a medical institution under Article 3 of the Medical Service Act diagnoses that medical treatment or care for at least one year is necessary), schooling, or marriage of his or her household member (referring to a member of the household, including the householder; hereafter in this Article the same shall apply);

2. Where all members of his or her household members relocate to the house acquired by inheritance;

3. Where all members of his or her household emigrate to a foreign country or plan to stay abroad for at least two years;

4. Where his or her household owns one house (at the time the household is deemed one household under paragraph (1) 2) and the household owns the transferred house and has resided in the transferred house respectively for at least the period prescribed by Presidential Decree;

5. Where a person intends to share a structure or land with the Korea Land and Housing Corporation or a local government-invested public corporation in order to get the supply of co-owned houses under Article 80;

6. Where a person intends to transfer the ownership of any structure or any plot of land to an implementer of a public redevelopment project who intends to acquire such structure or plot of land for the purpose of supplying public rental housing units, public housing for sale under the Special Act on Public Housing, or a project prescribed by Presidential Decree;

7. In cases prescribed by Presidential Decree where he or she transfers a structure or a plot of land due to any unavoidable cause.

(3) Where a person who acquired a plot of land, a structure or any right or interest in an improvement project is ineligible for membership in an association under the main sentence, with the exception of the subparagraphs, of paragraph (2), the project implementer shall compensate such person for losses by applying Article 73 mutatis mutandis to the person.

[The amended provisions of the proviso of Article 39 (1) of the Act, with the exception of its subparagraphs, (Act No. 14567, Feb. 8, 2017) shall be effective until January 1, 2018 pursuant to Article 2 of the Addenda]

Article 40(Mandatory provisions of articles of association) #

(1) An association's articles of association shall provide for the following: <Amended on Dec. 26, 2023>

1. The association's name and place of business;

2. Requirements for membership;

3. Expelling, withdrawing or replacing members;

4. The location and area of the improvement zone;

5. The number of association executive officers under Article 41 (hereinafter referred to as "association executive officers") and the scope of their duties;

6. Rights and duties of, and remuneration for, association executive officers, the methods for appointing association executive officers, and replacing and removing association executive officers;

7. The number of representatives, the method for appointing representatives, and the method for passing a resolution in a representatives' meeting;

8. Apportioning costs of the association and accounting of the association;

9. The year for implementing the improvement project and the method for implementation;

10. The procedures and timing for convening a general meeting and the method for passing a resolution in the general meeting;

11. Requests to hold general meetings or call general meetings of association members;

12. Paying interest under Article 73 (3);

13. The timing and procedures for paying the improvement project cost;

14. Procedures for liquidation at the time the improvement project is completed (including matters necessary for liquidation affairs, such as remuneration of liquidators after the dissolution of the association under Article 86-2);

15. The method and procedures for collecting and paying settlement money;

16. Selecting a contractor and a designer and provisions to be included in a contract;

17. The procedures for amending the articles of association;

18. Other provisions prescribed by Presidential Decree as necessary for implementing improvement projects and operating associations.

(2) A Mayor/Do Governor may formulate and distribute standard-form articles of association with the matters specified in the subparagraphs of paragraph (1) included therein. <Amended on Apr. 23, 2019>

(3) An amendment to an association's articles of association requires the concurring votes of a majority of association members at a general meeting and authorization by the head of a Si/Gun, etc., notwithstanding Article 35 (2) through (5); provided, an amendment to any of the matters specified in paragraph (1) 2, 3, 4, 8, 13 and 16 requires the concurring votes of at least 2/3 of association members.

(4) Any minor matter prescribed by Presidential Decree shall be modified as prescribed in this Act or stipulated by the articles of association; and shall be reported to the head of a Si/Gun, etc., notwithstanding paragraph (3).

(5) The head of a relevant Si/Gun/Gu shall notify a person who has filed a report of whether or not to accept it within 20 days from the date of receiving said report under paragraph (4). <Added on Mar. 6, 2021>

(6) Where the head of a relevant Si/Gun/Gu fails to notify a person who has filed a report of whether to accept it or the extension of handling period pursuant to the statutes or regulations related to civil petition handling within the period prescribed in paragraph (5), the report shall be deemed accepted on the date following the end of such period (referring to the relevant extended handling period in cases of the extension of re-extension of the handling period under the statutes or regulations related to civil petition handling. <Added on Mar. 16, 2021>

Article 41(Executive officers of associations) #

(1) An association shall have one president, directors, and an auditor who meet any of the following requirements as its executive officers, from among the members of the association who own (limited to where such members own the largest share (including where at least two co-owners own the largest share), in cases of sharing the ownership of a single structure or a plot of land with another person) a structure or a plot of land located in an improvement zone (referring to a structure and the land appurtenant to such structure; hereafter in this paragraph the same shall apply); in such cases, the president of an association shall reside in the relevant improvement zone during the period from the date of appointment to the date when he or she obtains authorization of a management and disposal plan pursuant to Article 74 (1) (referring to business operations in cases of a person who continues business operations; hereafter in this Article and Article 43 the same shall apply): <Amended on Apr. 23, 2019; Jul. 18, 2023>

1. To own a structure or a plot of land located in an improvement zone for at least five years;

2. To have resided in an improvement zone for at least one year during the three- year period immediately preceding the date of appointment;

3. Deleted. <Apr. 23, 2019>

(2) The number of directors and auditors of an association shall be stipulated by its articles of association, within the limits prescribed by Presidential Decree.

(3) An association may entrust the management of elections of its executive officers to the Election Commission pursuant to Article 3 of the Election Commission Act, by passing a resolution in a general meeting.

(4) The term of office of association executive officers shall be stipulated by the articles of association within three years, but may be renewed consecutively.

(5) The method for electing association executive officers shall be stipulated by the articles of association; provided, the head of a Si/Gun, etc. may select a person who meets the requirements prescribed by Presidential Decree, among attorneys-at-law, certified public accountants, professional engineers, etc., as the special administrator of the association to act on behalf of such executive officer in any of the following cases: <Amended on Apr. 23, 2019>

1. Where an association executive officer has not been appointed for at least six months from the time he or she becomes unable to perform his or her duties due to resignation, dismissal, expiration of his or her term of office, or any other unavoidable cause;

2. Where selection of the special administrator of an association is requested by the attendance of a majority of the association members and the consent of a majority of the members present at a general meeting.

(6) Procedures for selecting the special administer of an association under paragraph (5) and matters necessary for authorizing such person to act as an executive officer shall be prescribed by Presidential Decree.

Article 43(Disqualifications for, and removal of, executive officers of associations) #

(1) The following persons shall be disqualified from serving as an executive officer or a special administrator of an association: <Amended on Apr. 23, 2019; Jun. 9, 2020; Jul. 18, 2023>

1. A minor, a person under adult guardianship or a person under limited guardianship;

2. A person declared bankrupt and not yet reinstated;

3. A person in whose case two years have not passed since being sentenced to imprisonment without labor or heavier punishment and completed (or is deemed completely executed) or waived;

4. A person who was sentenced to a suspended imprisonment without labor or heavier punishment and is still in the period of suspension;

5. A person in whose case 10 years have not passed since being sentenced to a fine not exceeding one million won or heavier punishment for violating this Act;

6. The head of a local government who is the Authority to authorize the establishment of an association under Article 35, or a member of a local council or his or her spouse, lineal ascendant, or lineal descendant.

(2) An executive officer of an association shall retire ex officio from his or her office in any of the following cases: <Amended on Apr. 23, 2019; Jun. 9, 2020>

1. Where the executive officer of an association is disqualified on any of the grounds specified in any subparagraph of paragraph (1) or is found to have been unqualified at the time of appointment;

2. Where the executive officer of an association fails to meet the requirements under Article 41 (1).

(3) Actions involving an executive officer dismissed from office under paragraph (2) remain effective.

(4) Notwithstanding Article 44 (2), any executive officer of an association may be dismissed from office at a general meeting with a quorum of a majority of the association members, convened upon request by at least 1/10 of the members, and by the concurring vote of a majority of those present. In such cases, if a person elected as a representative by the members requesting to call the meeting convenes and presides over the general meeting for dismissal, the person shall act on behalf of the president of the association.

(5) Where the head of a Si/Gun/Gu selects a special administrator of an association under Article 41 (5) 2, the executive officer to act on behalf of the special administrator of an association shall retire ex officio from office. <Added on Apr. 23, 2019>

[Title Amended on Apr. 23, 2019]

Article 45(Resolutions at general meetings) #

(1) The following matters shall be resolved upon at a general meeting: <Amended on Apr. 23, 2019; Apr. 7, 2020; Mar. 16, 2021; Jun. 10, 2022>

1. Amending the articles of association (amending minor matters under Article 40 (4) shall be subject to resolution at a general meeting, if provided for in this Act or the articles of association);

2. Borrowing funds, the methods therefor, applicable interest rates thereon and the repayment method;

3. A budget bill and details of budget expenditure, including a plan for use of improvement project costs by item;

4. Executing contracts that will incur a financial burden on association members, in addition to the burden specified in the budget;

5. Selecting or replacing a contractor, designer or appraisal corporation, etc. (excluding an appraisal corporation, etc. selected and contracted by the head of a Si/Gun, etc. pursuant to Article 74 (4)); provided, selecting or replacing an appraisal corporation may be entrusted to the head of a Si/Gun, etc. by resolution at a general meeting;

6. Selecting or replacing a management entity specialized in improvement projects;

7. Appointing or dismissing association executive officers;

8. Details of apportionment of the improvement project cost to each association member;

9. Formulating or amending a project implementation plan under Article 52 (including provisions concerning suspension or discontinuance of an improvement project under the main sentence of Article 50 (1), but excluding a modification of any minor matter under the proviso of Article 50 (1));

10. Formulating and amending a management and disposal plan under Article 74 (excluding a modification of any minor mater under the proviso, with the exception of the subparagraphs, of Article 74 (1));

10-2. Dissolving the association under Article 86-2 and filing an accounting report at the time of dissolution of the association

11. Collecting and paying settlement money under Article 89 (including collection and payment in installments);

12. The costs under Article 93 and the method for collecting the amount;

13. Other matters prescribed by Presidential Decree or stipulated by the articles of association to determine important matters, including matters imposing a financial burden on association members.

(2) Matters that require the consent of association members under this Act or the articles of association, among the matters specified in paragraph (1), shall be referred to a general meeting for resolution.

(3) Except as provided in this Act or the articles of association, a majority of the members of an association shall constitute a quorum to hold a general meeting, and any resolution in the general meeting shall require the concurring votes of a majority of those present.

(4) In cases falling under paragraph (1) 9 or 10, a resolution shall require the concurring votes of a majority of association members; provided, a resolution to increase the improvement project cost by at least 10/100 (excluding the amount of an increase due to inflation of producer price and the amount of compensation for losses under Article 73) shall require the concurring votes of at least 2/3 of association members.

(5) An association member may exercise his or her voting right in writing or by proxy in any of the following cases. An association member exercising his or her voting right in writing shall be deemed to attend the meeting for the purpose of determining a quorum:

1. Where an association member is unable to exercise his or her right in person and submits a power of attorney designating an adult as proxy, among his or her spouse, lineal ascendants and descendants and siblings;

2. Where an association member residing abroad designates his or her proxy;

3. A corporation as the owner of a plot of land or structure designates its proxy. In such cases, the corporation's proxy may be appointed as an executive officer or representative of the association.

(6) Notwithstanding paragraph (5), an association member may exercise his or her voting rights by electronic means (referring to using an information processing system under subparagraph 2 of Article 2 of the Framework Act on Electronic Documents and Transactions or other information and communications technologies; hereinafter the same shall apply), if he or she satisfies all of the following requirements; in such cases, he or she shall be deemed to attend the meeting for the purpose of determining a quorum: <Added on Dec. 3, 2024>

1. The association member shall be allowed to exercise his or her voting rights by any of the methods under paragraph (5) in addition to electronic means;

2. The outcomes of the method of exercising voting rights shall be separately verified and managed;

3. The association member shall comply with the standards prescribed by Presidential Decree for the transparent exercise, etc. of voting rights by electronic means.

(7) An association shall endeavor to give priority to its members by using electronic means in order to expand the participation of its members. <Added on Dec. 3, 2024>

(9) An association shall verify the identity of the person who exercises a voting right in writing or by electronic means in accordance with paragraphs (5), (6), and (8). <Added on Aug. 10, 2021; Dec. 3, 2024>

(10) A resolution at a general meeting shall require the attendance of at least 10/100 of the association members in person (if an association member exercises his or her voting rights by proxy in accordance with paragraph (5) or by electronic means in accordance with Article 8, he or she shall be deemed to have exercised the voting rights in person; hereafter in this Article the same shall apply); provided, a general meeting held to pass a resolution to select a contractor shall require the attendance of a majority of the association members in person, and any of the general meetings prescribed by Presidential Decree, such as an inaugural general meeting; a general meeting held to revoke the selection of contractor, and a general meeting held to pass a resolution to formulate or amend a project implementation plan; or to formulate or amend a management and disposal plan, shall require the attendance of at least 20/100 of the association members in person, to constitute a quorum. <Amended on Aug. 10, 2021; Jul. 18, 2023; Dec. 3, 2024; May 20, 2025>

(11) Matters necessary for methods of resolutions at general meetings, the exercise of voting rights in writing or by electronic means, and the methods of verifying identity, etc. shall be prescribed by the articles of association. <Amended on Aug. 10, 2021; Dec. 3, 2024>

Article 47(Resident representatives' meetings) #

(1) If the owners of a plot of land or structure want the head of the relevant Si/Gun, etc., the Korea Land and Housing Corporation or a local government-invested public corporation to implement a project, they shall establish an organization comprised of representatives of residents (hereinafter referred to as "resident representatives' meeting") after the relevant improvement zone is designated and publicly notified; provided, where an agreement, etc. is concluded in accordance with Article 26 (4), they may establish a resident representatives' meeting before the designation and public notice of the improvement zone. <Amended on Dec. 3, 2024>

(2) A resident representatives' meeting shall be comprised of between five and 25 persons, including a chairperson.

(3) A resident representatives' meeting shall be formed with the consent of a majority of the owners of a plot of land or structure; and shall obtain approval from the head of a Si/Gun, etc. according to the method and procedures prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(4) Persons consenting to organize a resident representatives' meeting under paragraph (3) shall be deemed to consent to designate a project implementer under the latter part of Article 26 (1) 8; provided, this shall not apply to the owners of a plot of land or structure who dissented to the designation of a project implementer to the head of a Si/Gun, etc. or the resident representatives' meeting before the designation of a project implementer is requested.

(5) A resident representatives' meeting or tenants (including commercial tenants; hereinafter the same shall apply) may present their consensus to the project implementer at the time the project implementer formulates implementation rules on the following matters under Article 53. In such cases, the project implementer shall endeavor to reflect the consensus of the resident representatives' meeting or tenants in the implementation rules:

1. Demolishing structures;

2. Relocating residents (including evicting tenants);

3. Compensating for land and structures (including compensation for tenants, such as for relocation expenses);

4. Apportioning the improvement project costs;

5. Supplying rental housing units to tenants and tenant eligibility requirements;

6. Other matters prescribed by Presidential Decree as necessary for implementing improvement projects.

(6) Operating a resident representatives' meeting, apportioning costs, the methods and procedures for appointing members and other necessary matters shall be prescribed by Presidential Decree.

Article 48(Plenary meetings of owners of plots of land or structures) #

(1) A trust business entity designated as a project implementer under Article 27 (1) 3 shall refer the following matters for resolution to the meeting attended by all the owners of a plot of land or structure (hereinafter referred to as "plenary meeting of owners of a plot of land or structure") included in the relevant improvement project (referring to the owners of a plot of land or structure who consented to designate a trust business entity as the project implementer in cases of a reconstruction project; hereafter in this Article the same shall apply):

1. Establishing or amending implementation rules;

2. Using or changing any of the improvement project costs;

3. Entering into a contract that will impose a burden on the owners of a plot of land or structure, including an agreement with a management entity specialized in improvement projects;

4. Selecting or replacing a contractor;

5. Details of apportionment of the improvement project costs to the owner of each plot of land or each structure;

6. Borrowing funds, the method therefor, interest rate and the method of repayment;

7. Formulating or amending a project implementation plan under Article 52 (including provisions concerning suspension or discontinuance of the improvement project under the main sentence of Article 50 (1), but excluding a modification of any minor matter under the proviso of Article 50 (1));

8. Formulating or amending a management and disposal plan under Article 74 (excluding a modification of any minor mater under the proviso, with the exception of the subparagraphs, of Article 74 (1));

9. Collecting and paying settlement money under Article 89 (including collection and payment in installments) and the accounting report at the time of dissolution of the association;

10. The costs under Article 93 and the method for collecting them;

11. Other matters specified by implementation rules as those imposing a burden on the owners of a plot of land or structure.

(2) The plenary meeting of owners of a plot of land or structure shall be convened by the project implementer ex officio or upon request by at least 1/5 of the owners of a plot of land or structure.

(3) Articles 44 (5) and 44-2, and 45 (3) through (11) shall apply mutatis mutandis to the procedures and timing for convening the plenary meeting of the owners of a plot of land or structure, the method for passing a resolution, etc. In such cases, "general meeting" shall be construed as "plenary meeting of the owners of a plot of land or structure"; "association" as "project implementer"; and "association members" as "owners of a plot of land or structure". <Amended on Aug. 10, 2021; Dec. 3, 2024>

[Enforcement date: Dec. 4, 2025]

Article 50(Authorization of project implementation plans) #

(1) When a project implementer (including where a project is jointly implemented pursuant to Article 25 (1) or (2); but excluding where the project implementer is the head of a Si/Gun, etc.) intends to implement an improvement project, it shall submit a project implementation plan under Article 52 (hereinafter referred to as "project implementation plan") to the head of a Si/Gun, etc., along with the articles of association, etc. and other documents specified by Decree of the Ministry of Land, Infrastructure and Transport to obtain authorization of the project implementation plan; and the same procedure shall apply where the project implementer intends to amend the authorized plan or suspend or discontinue the improvement project; provided, the project implementer shall report to the head of a Si/Gun, etc. to modify any of the minor matters prescribed by Presidential Decree.

(2) The head of a relevant Si/Gun/Gu shall notify a person who has filed a report of whether or not to accept it within 20 days from the date of receiving said report under the proviso of paragraph (1). <Added on Mar. 16, 2021>

(3) Where the Minister of Oceans and Fisheries fails to notify a person who has filed a report of whether to accept it or the extension of handling period pursuant to the statutes or regulations related to civil petition handling within the period prescribed in paragraph (2), the report shall be deemed accepted on the date following the end of such period (referring to the relevant extended handling period in cases of the extension or re-extension of the handling period under the statutes or regulations related to civil petition handling). <Added on Mar. 16, 2021>

(4) The head of a relevant Si/Gun/Gu shall determine whether to authorize a project implementation plan and shall notify the project implementer of his or her decision within 60 days from the date the project implementation plan is submitted pursuant to paragraph (1), unless there is a compelling reason not to do so. <Amended on Mar. 16, 2021>

(5) A project implementer (excluding the head of a Si/Gun, etc. or the Korea Land and Housing Corporation or a local government-invested public corporation) shall pass a resolution adopting a project implement plan at a general meeting before filing an application for authorization of said plan and the same shall apply where the project implementer intends to modify matters authorized or to suspend or discontinue the improvement project; provided, modification of any minor matter under the proviso of paragraph (1) requires no resolution at the general meeting. <Amended on Mar. 16, 2021>

(6) Where the owners of a plot of land or structure intends to implement a redevelopment project as prescribed in Article 25 (1) 2, they shall obtain consent of at least 3/4 of the owners of a plot of land or structure and the landowners owning at least 1/2 of the area of the land for the project implementation plan before filing an application for authorization of the project implementation plan; provided, any modification of the authorized matters shall require consent of a majority of the owners of a plot of land or structure, as prescribed by regulations; but modification of any minor matter under the proviso of paragraph (1) requires no consent of the owners of a plot of land or structure. <Amended on Mar. 16, 2021>

(7) When a qualified developer intends to implement an improvement project, it shall obtain consent of a majority of the owners of a plot of land or structure and consent of the landowners owning at least 1/2 of the area of the land for the project before filing an application for authorization of a project implementation plan; provided, modification of any minor matter under the proviso of paragraph (1) requires no consent of the owners of a plot of land or structure. <Amended on Mar. 16, 2021>

(8) Notwithstanding paragraph (7), a project implementer under Article 26 (1) 1 or 27 (1) 1 needs not obtain consent of the owners of a plot of land or structure. <Amended on Mar. 16, 2021>

(9) Where the head of a relevant Si/Gun/Gu grants authorization of a project implementation plan under paragraph (1) (including a project implementation plan formulated by the head of a Si/Gun, etc.) or modifies, suspends, or discontinues an improvement project, he or she shall give public notice of the details thereof in the public gazette of the relevant local government, according to the methods and procedures prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, the same shall not apply to modification of a minor matter under the proviso of paragraph (1). <Amended on Mar. 16, 2021>

Article 50-2(Integrated deliberation on project implementation plans) #

(1) Where it is necessary to deliberate on at least 2 of the following matters related to authorization of a project implementation plan, the Authority to designate improvement zones shall conduct an integrated review and deliberation (hereinafter referred to as "integrated deliberation") on such matters: <Amended on Jan. 31, 2025>

1. Matters regarding the construction of buildings, the designation of special building zones, etc. under the Building Act;

2. Matters regarding deliberation on landscapes under the Landscape Act;

3. Educational environment assessment under the Educational Environment Protection Act;

4. Matters regarding urban or Gun management plans under the National Land Planning and Utilization Act;

5. Matters regarding traffic impact assessment under the Urban Traffic Improvement Promotion Act;

5-2. Matters regarding evaluation on performance-oriented design under the Act on Installation and Management of Firefighting Systems;

5-3. Matters regarding disaster impact assessment under the Countermeasures against Natural Disasters Act;

6. Matters regarding environmental impact assessment, etc. under the Environmental Impact Assessment Act;

7. Other matters submitted for an integrated deliberation, as deemed necessary by the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun, etc.

(2) Where a project implementer files an application for an integrated deliberation, such application shall be accompanied by documents related to the matters specified in the subparagraphs of paragraph (1). In such cases, where necessary to efficiently conduct an integrated deliberation, the Authority to designate improvement zones may require an applicant to submit an application within a specified deadline for submission.

(3) Where the Authority to designate improvement zones conducts an integrated deliberation, he or she shall do so by organizing an integrated deliberation committee comprised of members who belong to any of the following committees and are recommended by the chairperson of the relevant committee, public officials of a local government to which the Authority to designate improvement zones belongs, and public officials of a local government to which the Authority to authorize project implementation plans under Article 50 belongs; in such cases, the organization of the integrated deliberation committee and methods and procedures for integrated deliberation shall be prescribed by Presidential Decree: <Amended on Jan. 31, 2025>

1. A building committee under the Building Act;

2. A landscape committee under the Landscape Act;

3. An educational environment protection committee under the Educational Environment Protection Act;

4. A local urban planning committee;

5. A traffic impact assessment deliberation committee under the Urban Traffic Improvement Promotion Act;

6. An urban renewal committee (limited to where an improvement zone is located in an urban renewal acceleration district);

6-2. Performance-oriented design evaluation group or the Central Firefighting Technology Deliberative Committee under the Act on Installation and Management of Firefighting Systems;

6-3. Disaster impact assessment deliberative committee under the Countermeasures against Natural Disasters Act;

7. An environmental impact assessment council under the Environmental Impact Assessment Act;

8. Relevant committees authorized to deliberate on the matters specified in paragraph (1) 7.

(4) The head of a Si/Gun, etc. shall authorize a project implementation plan reflecting the findings of the integrated deliberation, unless there is a compelling reason not to do so.

(5) Where an integrated deliberation is conducted, it shall be deemed that the matters specified in the subparagraphs of paragraph (1) have undergone a review, deliberation, examination, consultation, mediation, or adjudication.

[This Article Added on Jul. 18, 2023]

Article 52(Formulation of project implementation plans) #

(1) A project implementer shall formulate a project implementation plan, including the following matters, according to the relevant improvement plan: <Amended on Jan. 16, 2018; Apr. 13, 2021>

1. A land use plan (including a structure layout plan);

2. A plan for constructing fundamental infrastructure and common facilities;

3. Measures for relocating residents, including temporary housing facilities;

4. Measures for housing and relocating tenants;

5. Measures for preventing crimes during the project implementation period, including installation of street lamps and closed circuit televisions in the improvement zone;

6. A plan to build rental housing units under Article 10 (excluding a reconstruction project);

7. A plan to build housing units of the national standard housing size under Articles 54 (4), 101-5, and 101-6 (excluding a residential environment improvement project);

8. A plan to build publicly-funded private rental housing units or housing units under outsourced rental management (limited to where necessary);

9. A building plan regarding the height, floor area ratio, etc. of structures;

10. A plan to dispose of wastes generated in the course of implementing the improvement project;

11. A plan to protect the environment of educational facilities (limited to where an educational facility exists within a 200-meter radius from the improvement zone);

12. The improvement project cost;

13. Other matters specified by City/Do ordinance, as prescribed by Presidential Decree, for implementing projects.

(2) Where a project implementer includes a plan to build public housing, under subparagraph 1 of Article 2 of the Special Act on Public Housing (hereinafter referred to as "public housing"), in the project implementation plan under paragraph (1), Article 37 of that Act shall apply to standards for the structure, functions, and facilities of the public housing, the scope of appurtenant facilities and welfare facilities, standards for installing such facilities and other necessary matters.

Article 54(Relaxation of floor area ratios for reconstruction projects and construction ratios of housing units of national standard housing size) #

(1) Where a project implementer implements any improvement project that falls within the following categories (excluding any redevelopment or reconstruction project implemented in an urban renewal acceleration district, under subparagraph 1 of Article 2 of the Special Act on the Promotion of Urban Renewal; hereafter in this Article the same shall apply), it may build structures with a maximum floor area ratio up to that specified in Article 78 of the National Land Planning and Utilization Act or any relevant statute (hereafter in this Article referred to as "statutory maximum floor area ratio") after deliberation by the local urban planning committee, notwithstanding the floor area ratio specified in the relevant improvement plan (including a plan deemed the relevant improvement plan under this Act; hereafter in this Article the same shall apply): <Amended on Jul. 18, 2023>

1. A redevelopment or reconstruction project implemented in an over-concentration control area (hereinafter referred to as "over-concentration control area"), under Article 6 (1) 1 of the Seoul Metropolitan Area Readjustment Planning Act (limited to a residential area and an industrial area prescribed by Presidential Decree under Article 78 of the National Land Planning and Utilization Act; hereafter in this Article the same shall apply);

2. A redevelopment or reconstruction project implemented in an area specified by City/Do ordinance, except the areas referred to in subparagraph 1.

(2) If a project implementer intends to build structures in excess of the floor area ratio specified in the relevant improvement plan pursuant to paragraph (1), the project implementer shall not be subject to the floor area ratio limits specified by ordinance of the competent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun pursuant to Article 78 of the National Land Planning and Utilization Act or the limits on the number of permitted households specified in the relevant improvement plan.

(3) Maximum floor area ratio specified in any relevant statute as under paragraph (1) means the floor area ratio up to which structures may be built, where building activities are restricted as follows: <Amended on Mar. 21, 2023; Aug. 8, 2023; Feb. 6, 2024>

1. Restrictions on the number of floors of a building under Article 76 of the National Land Planning and Utilization Act;

2. Height restrictions under Article 60 of the Building Act;

3. Building height restrictions for securing natural light, etc. under Article 61 of the Building Act;

4. Building height restrictions within an obstacle clearance surface zone under Article 34 of the Airport Facilities Act;

5. Building height restrictions within a flight safety zone under Article 10 of the Protection of Military Bases and Installations Act;

6. Restrictions on construction for protecting cultural heritage while performing construction works under Article 12 of the Act on Preservation and Utilization of Cultural Heritage;

6-2. Restrictions on construction for protecting natural monuments, etc. while performing construction works under Article 9 of the Act on Preservation and Utilization of Natural Heritage;

7. Other cases where the head of a Si/Gun, etc. demonstrates that restrictions on construction under any building-related statute prohibit relaxation of floor area ratios; and then the local urban planning committee or the building committee established in the relevant City/Do pursuant to Article 4 of the Building Act deliberates on the possibility of relaxation and concludes that it is impossible to relax floor area ratios.

(4) A project implementer shall build housing units of the national standard housing size in an area equivalent to any of the following percentage of the floor area ratio calculated by subtracting the floor area ratio specified in the relevant improvement plan from the statutory maximum floor area ratio (hereinafter referred to as "excess floor area ratio"); provided, this shall not apply to any improvement project implemented under Article 24 (4), 26 (1) 1, or 27 (1) 1: <Amended on Apr. 13, 2021>

1. In cases of a reconstruction project implemented in an over-concentration control area, the percent specified by City/Do ordinance within the range of 30/100 and 50/100 of the excess floor area ratio;

2. In cases of a redevelopment project implemented in an over-concentration control area, the percent specified by City/Do ordinance within the range of 50/100 and 75/100 of the excess floor area ratio;

3. In cases of a reconstruction project implemented in any area other than an over-concentration control area, the percent specified by City/Do ordinance within the maximum of 50/100 of the excess floor area ratio;

4. In cases of a redevelopment project implemented in any area other than an over-concentration control area, the percent specified by City/Do ordinance within the maximum of 75/100 of the excess floor area ratio.

[Title Amended on Apr. 13, 2021]

Article 55(Supply and transfer of housing units of national standard housing size) #

(1) A project implementer shall supply housing units of the national standard housing size built pursuant to Article 54 (4) to the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the Korea Land and Housing Corporation or a local government-invested public corporation (hereinafter referred to as "transferee"). <Amended on Apr. 13, 2021>

(2) The price of the housing units of the national standard housing size supplied under paragraphs (1) shall be determined with the standard construction cost of public rental housing publicly notified by the Minister of Land, Infrastructure and Transport under Article 50-4 of the Special Act on Public Housing; and the land appurtenant thereto shall be deemed donated to the transferee. <Amended on Apr. 13, 2021>

(3) When a project implementer intends to build housing units of the national standard housing size in excess of the floor area ratio specified in the relevant improvement plan pursuant to Article 54 (1) or (2), it shall consult with the transferee on the matters concerning housing units of the national standard housing size under paragraphs (1) and (2), before filing an application for authorization for the project implementation plan, and shall reflect the outcomes of the consultation in the project implementation plan. <Amended on Apr. 13, 2021>

(4) Procedures and methods for transferring housing units of the national standard housing size under paragraphs (1) and (2) and other necessary matters may be prescribed by Presidential Decree; and the transferred housing units of the national standard housing size shall be utilized as long-term public rental housing units prescribed by Presidential Decree; provided, if the requirements prescribed by Presidential Decree are met, such as alleviating the burden on the owners of a plot of land or structure, the transferred housing units of the national standard housing size may be utilized as rental housing units, rather than long-term public rental housing units. <Amended on Apr. 13, 2021>

(5) Notwithstanding paragraph (2), a transferee of rental housing units under the proviso of paragraph (4) shall acquire the land appurtenant to such housing units at the price prescribed by Presidential Decree within the maximum of 50/100 of the appraised price, based upon the obligatory lease period.

[Title Amended on Apr. 13, 2021]

Article 57(Deemed authorization or permission) #

(1) The authorization of a project implementation plan submitted by a project implementer (or the formulation of a project implementation plan, if the head of a Si/Gun, etc. directly implements an improvement project; hereafter in this Article the same shall apply) shall be deemed authorization, permission, decision, approval, reporting, registration, consultation, consent, examination, designation, and cancellation specified in the following (hereinafter referred to as "authorization, permission, etc."); the authorization of a project implementation plan publicly notified under Article 50 (9) shall be deemed authorization, permission, etc. publicly notified or announced under the following relevant statutes: <Amended on Mar. 31, 2020; Jun. 9, 2020; Mar. 16, 2021; Jul. 20, 2021; Nov. 30, 2021; Jun. 10, 2022; Dec. 27, 2022; Jan. 31, 2025>

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

2. Approving a housing construction project plan under Article 35 of the Special Act on Public Housing;

3. Issuing a building permit under Article 11 of the Building Act; issuing a building permit for or reporting the construction of a temporary building under Article 20 of that Act; or consulting on a building project under Article 29 of that Act;

4. Permission granted to a person, other than road managing authorities under Article 36 of the Road Act to execute roadworks; and permission to occupy and use a road under Article 61 of that Act;

5. Canceling the designation of an area of land for erosion control under Article 20 of the Erosion Control Work Act;

6. Issuing permission or consulting on diverting farmland under Article 34 of the Farmland Act; or reporting the diversion of farmland under Article 35;

7. Issuing permission or reporting on converting a mountainous district under Article 14 or 15 of the Mountainous Districts Management Act; permitting or reporting the temporary use of a mountainous district under Article 15-2 of that Act; permitting or reporting lumbering under Article 36 (1) or (5) of the Creation and Management of Forest Resources Act; or permitting activities in a reserved forest under Article 9 (1) or 9 (2) 1 of the Forest Protection Act; provided, this shall not apply to seed-gathering forests and experimental forests under the Creation and Management of Forest Resources Act; and to forest genetic resources protection zones under the Forest Protection Act;

8. Issuing permission for implementing a river project or authorizing an implementation plan for a river project under Article 30 of the River Act; issuing permission for occupying and using a river under Article 33 of that Act; or issuing permission for using water from a river under Article 50 of that Act;

9. Authorizing a general waterworks business under Article 17 of the Water Supply and Waterworks Installation Act; or authorizing the installation of private-use waterworks or private-use industrial waterworks under Article 52 or 54 of that Act;

10. Permission for public sewerage business under Article 16 of the Sewerage Act, and reporting on the installation of private sewerage treatment facilities under Article 34 (2) of that Act;

11. Examination for map production, etc. under Article 15 (4) of the Act on the Establishment and Management of Spatial Data;

12. Registering superstores, etc. under Article 8 of the Distribution Industry Development Act;

13. Granting permission for use under Article 30 of the State Property Act (limited to a redevelopment project);

14. Granting permission for use or profit-making under Article 20 of the Public Property and Commodity Management Act (limited to a redevelopment project);

15. Reports on commencement or alteration of a project prescribed in Article 86 (1) of the Act on the Establishment and Management of Spatial Data.

16. Designating the project implementer for an urban or Gun planning facility under Article 86 of the National Land Planning and Utilization Act; or authorizing an implementation plan under Article 88 of that Act;

17. Authorizing or reporting a plan for works for establishing an electric installation for private use under Article 8 of the Electric Utility Act;

18. Consent to building permission, etc. under Article 6 (1) of the Act on Installation and Maintenance of Firefighting Systems; and permission to build a factory, etc. under Article 6 (1) of the Act on the Safety Control of Hazardous Substances (A factory, etc. shall be limited to factory buildings or facilities appurtenant thereto);

19. Decision on park building plans under Article 16-2 of the Act on Urban Parks and Green Areas;

20. Verifying compliance with standards for installation of amenities under Article 9-2 of the Act on the Guarantee of Convenience Promotion of Persons with Disabilities, Senior Citizens, Pregnant Women and Nursing Mothers.

(2) Where a project implementer obtains authorization of its project implementation plan for a redevelopment project in an area where a factory is located, it shall be deemed to obtain the following authorization, permission, etc., in addition to the authorization, permission, etc. under paragraph (1). The authorization of a project implementation plan publicly notified under Article 50 (9) shall be deemed authorization, permission, etc. publicly notified or announced under the following related statutes: <Amended on Mar. 16, 2021>

1. Approving the establishment, etc. of a factory under Article 13 of the Industrial Cluster Development and Factory Establishment Act; or reporting on the completion of establishment of a factory, etc. under Article 15 of that Act;

2. Approving or reporting the establishment of a waste disposal facility under Article 29 (2) of the Wastes Control Act;

3. Issuing permission or reporting on the installation of an emission facility under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act or Article 8 of the Noise and Vibration Control Act;

4. Issuing permission to install an explosives storage facility under Article 25 (1) of the Act on the Safety Management of Guns, Swords, and Explosives.

(3) When a project implementer wishes to obtain deemed authorization, permission, etc. under paragraphs (1) and (2) for the relevant improvement project, it shall submit the documents required by the relevant statutes when filing an application for authorization of the project implementation plan under Article 50 (1); provided, if a project implementer is unable to submit required documents when filing an application for authorization of the project implementation plan, because no contractor has been selected yet; or if the head of a Si/Gun, etc. authorizes a project implementation plan under paragraph (6), the project implementer may submit such documents by the deadline specified by the head of a Si/Gun, etc. <Amended on June. 9, 2020>

(4) If a project implementation plan that the head of a Si/Gun, etc. intends to authorize or formulate includes any matter eligible for deemed authorization, permission, etc. under paragraph (1) or (2), the head of a Si/Gun, etc. shall consult with the heads of related administrative agencies thereon; and, upon request for consultation, the head of a related administrative agency shall present his or her opinion within 30 days from the date he or she is so requested (referred to the date the documents are delivered to the head of a related administrative agency, in cases falling under the proviso of paragraph (3)). If the head of a related administrative agency fails to present his or her opinion with the 30-day period, consultation shall be deemed complete.

(5) If a project implementation plan that the head of a Si/Gun, etc. intends to authorize (or a project implementation plan that the head of a Si/Gun, etc. intends to formulate) is related to an educational facility located within a 200-meter radius from the relevant improvement zone, the head of a Si/Gun, etc. shall consult with the Superintendent of the Office or District Office of Education in the relevant local government thereon; and the same procedures shall apply where he or she intends to amend such authorization.

(6) Notwithstanding paragraphs (4) and (5), if the head of a Si/Gun, etc. deems it necessary to urgently implement an improvement project due to a natural disaster or any other force majeure event, he or she may authorize a project implementation plan under Article 50 (1) before completing consultation with the head of a related administrative agency or with the Superintendent of the Office or District Office of Education. In such cases, no authorization, permission, etc. under paragraphs (1) and (2) shall be deemed granted or issued, until consultation is completed.

(7) Where a project implementer is deemed to have obtained authorization, permission, etc. under paragraph (1) or (2), it is exempt from fees to be otherwise imposed for such authorization, permission, etc. and from rents or user fees to be imposed for using or occupying the relevant State or public land, according to a relevant statute or City/Do ordinance.

Article 66(Special provisions concerning floor area ratio) #

(1) Notwithstanding Article 78 (1) of the National Land Planning and Utilization Act, a project implementer may relax floor area ratios in either of the following cases by up to 125/100 of the floor area ratio applicable to the relevant improvement zone by ordinance of the competent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun, as prescribed by Presidential Decree: <Amended on Jul. 18, 2023>

1. Where the project implementer pays at least the standard amount prescribed by Presidential Decree as compensation for losses to tenants, as relocation expenses, or compensate tenants for losses caused by discontinuing or suspending operation of business, pursuant to the proviso of Article 65 (1);

2. Where the project implementer builds rental housing units or rental commercial facilities, in addition to compensation for losses under the proviso of Article 65 (1); and formulates and implements further measures to compensate tenants for loss.

(2) Notwithstanding Articles 11 and 54 and Article 78 of the National Land Planning and Utilization Act, where an improvement zone meets the requirements prescribed by Presidential Decree, such as falling within the category of a station's sphere of influence (excluding where an improvement project is implemented under Articles 24 (4), 26 (1) 1, and 27 (1) 1), any of the following relaxation of the floor area ratio may apply: <Added on Jul. 18, 2023>

1. Relaxation by up to 120/100 of the statutory maximum floor area ratio, after deliberation by the relevant local urban planning committee;

2. Relaxation by up to the statutory maximum floor area ratio of a changed special-purpose area, after formulating an improvement plan (including amending an improvement plan; hereafter in this Article the same shall apply) by relaxing the floor area ratio following the change of the relevant special-purpose area.

(3) A project implementer shall construct housing units of the national standard housing size in an area equivalent to the ratio prescribed by City/Do ordinance, which shall not exceed 75/100 of the floor area ratio calculated by deducting the floor area ratio determined by the relevant improvement plan from the relaxed floor area ratio under paragraph (2), as prescribed by Presidential Decree, and shall supply the housing units to the relevant transferee. In such cases, Article 55 shall apply mutatis mutandis to the methods for supplying and acquiring housing units of the national standard housing size. <Added on Jul. 18, 2023>

(4) Notwithstanding paragraph (3), a transferee may sell housing units, the number of which is calculated based on the rate prescribed by Presidential Decree, among the housing units supplied by a project implementer under Article 48 of the Special Act on Public Housing. In such cases, the supply price of the relevant housing units shall be the construction cost publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 57 (4) of the Housing Act; and the price of the appurtenant land shall be prescribed by Presidential Decree, within the range of at least 50/100 of the appraised value. <Added on Jul. 18, 2023>

(5) Except as provided in paragraphs (3) and (4), matters necessary for the procedures for and utilization of the acquisition of housing units of the national standard housing size may be prescribed by Presidential Decree. <Added on Jul. 18, 2023>

[Title Amended on Jul. 18, 2023]

Article 67(Special provisions concerning scope of reconstruction projects) #

(1) In any of the following cases, a project implementer or a promoters' committee may request the competent authority to partition some plots of land in the relevant housing complex, even if the area of the land to be partitioned is smaller than that specified in Article 57 of the Building Act, notwithstanding that Article of that Act:

1. Where a reconstruction project is implemented in a housing complex where at least two structures built according to a project plan authorized pursuant to Article 15 (1) of the Housing Act exist;

2. Where it is necessary to satisfy requirements for consent to establish an association under Article 35 (3).

(2) When a project implementer or a promoters' committee intends to request the competent authority to partition some plots of land under paragraph (1), it shall reach an agreement thereon with the owners of a plot of land or structure, who have an interest in any of the plots of land to be partitioned or any of the structures on the land.

(3) If a project implementer or a promoters' committee fails to reach an agreement on partitioning some plots of land under paragraph (2), it may request the competent court to partition the land.

(4) If land partitioned according to a request to partition land in accordance with paragraph (3) and the structures on the land meet the following requirements, the head of a Si/Gun, etc. may authorize the establishment of an association; and may authorize a project implementation plan after deliberation by the building committee established in the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or Si/gun/Gu (Gu means an autonomous Gu) in accordance with Article 4 of the Building Act, even where partitioning the land has not been completed and the head of a Si/Gun, etc. fails to meet the requirements for consent under paragraph (1): <Amended on Jan. 30, 2024>

1. The number of owners of a plot of land or structure (excluding a person who has acquired the ownership of a structure or the land appurtenant to the structure located in an improvement zone after the day immediately following the base date under Article 77), who have an interest in any of the plots of land and structures at issue, shall not exceed 1/10 of all the owners of a plot of land or structure;

2. The structures on the partitioned land shall not be located on the partition line;

3. Other requirements prescribed by Presidential Decree for authorization of a project implementation plan shall be satisfied.

Article 68(Special provisions concerning relaxation of building regulations) #

(1) Article 8 of the Housing and Urban Fund Act providing for the purchase of the National Housing Bonds shall not apply where a building permit is issued for a residential environment improvement project and where an application for registering real estate (limited to registration to preserve ownership or registration for a transfer of ownership) is filed for such project.

(2) Standards for the determination, structures and installation of urban or Gun planning facilities under Article 43 (2) of the National Land Planning and Utilization Act and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(3) A project implementer may determine special standards for either of the following matters regarding a residential environment improvement zone, as prescribed by City/Do ordinance:

1. The relationship between building sites and roads under Article 44 of the Building Act (limited to the extent such special standards do not impede fire-fighting activities);

2. Building height restrictions under Article 60 and 61 of the Building Act (limited to where a project implementer builds and supplies multi-family housing units).

(4) A project implementer may have the standards for any of the following matters relaxed regarding an improvement zone for a public redevelopment project, a reconstruction zone under Article 26 (1) 1 or 27 (1) 1 (referring to an improvement zone in which a reconstruction project is implemented; hereinafter the same shall apply), or an improvement zone to which the relaxed floor area ratio applies pursuant to Article 66 (2), within the limits prescribed by Presidential Decree, following deliberation by the relevant local building committee or local urban planning committee under Article 72 (2) of the Building Act: <Amended on Apr. 13, 2021; Jul. 18, 2023>

1. Standards for landscaping building sites under Article 42 of the Building Act;

2. Standards for determining the building-to-land ratio under Article 55 of the Building Act;

3. Standards for vacant lots in building sites under Article 58 of the Building Act;

4. Building height restrictions under Articles 60 and 61 of the Building Act;

5. Standards for installing appurtenant facilities and welfare facilities under Article 35 (1) 3 and 4 of the Housing Act;

5-2. Standards for securing urban parks or green areas under Article 14 of the Act on Urban Parks and Green Areas;

6. Matters prescribed by Presidential Decree to facilitate the implementation of public reconstruction projects or reconstruction projects under Articles 26 (1) 1 and 27 (1) 1, in addition to the matters under subparagraphs 1 through 5 and 5-2.

Article 69(Application or waiver of other statutes or regulations) #

(1) A residential environment improvement zone shall be deemed determined and publicly notified, on the date of designation and public notice of the relevant improvement zone, as an area prescribed by Presidential Decree, from among the areas determined by subdividing a residential area pursuant to Article 36 (1) 1 (a) or (2) of the National Land Planning and Utilization Act; provided, this shall not apply in the following cases:

1. If the improvement zone is a development-restricted zone determined under Article 3 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones;

2. If the head of a Si/Gun, etc. finds it necessary for a residential environment improvement project to maintain part of the relevant improvement zone as the current special-use zone or to change the location of part of the improvement zone within the limits of the same area and formulates an improvement plan by reflecting such findings;

3. If the head of a Si/Gun, etc. formulates an improvement plan providing for the matters specified in Article 9 (1) 10 (c).

(2) Articles 28 through 49 of the Urban Development Act shall apply mutatis mutandis to replotted land in relation to an improvement project. In such cases, "time for replotting land" in the main sentence of Article 41 (2) of that Act shall be construed as "time a project implementation plan is authorized".

(3) Article 78 (4) of the Act on Acquisition of and Compensation for Land for Public Works Projects shall not apply to any residential environment improvement project, and a project implementer (in cases where the Korea Land and Housing Corporation or a local government-invested public corporation are the co-implementers, referring to the Korea Land and Housing Corporation or said local government-invested public corporation) under this Act shall be deemed a project operator under the Housing Act for purposes of applying that Act. <Amended on Apr. 23, 2019>

(4) Where an implementer of a public redevelopment project or a public reconstruction project implementer implements a public redevelopment project or a public reconstruction project, he or she may separately determine standards for placing construction project management engineers, as prescribed by Presidential Decree, notwithstanding relevant statutes or regulations, such as the Construction Technology Promotion Act. <Added on Apr. 13, 2021>

Article 72(Public announcement of building sites or units for sale and applications to purchase building sites or units) #

(1) A project implementer shall notify the owners of a plot of land or structure of the following matters within 90 days (in cases prescribed by Presidential Decree, such period may be extended within the extent of 30 days only once) from the date the authorization of a project implementation plan is publicly notified under Article 50 (9) or the date the project implementer concludes with the contractor, if such contractor is selected after the project implementation plan was authorized) and shall publicly announce the matters prescribed by Presidential Decree, including details of the building sites or structures for sale, via a daily newspaper published in the relevant area; provided, this shall not apply to a redevelopment project implemented by 1 person who owns a plot of land or structure: <Amended on Mar. 16, 2021; Jan. 31, 2025>

1. Details of the land or structure previously owned by each eligible purchaser and the price as at the date the authorization of a project implementation plan is publicly notified (in cases of a structure demolished under Article 81 (3) before a project implementation plan is authorized, the price as at the date the head of a Si/Gun, etc. permits such demolition);

2. The estimated amount of the charge apportioned to each eligible purchaser;

3. The period for filing applications to purchase a building site or unit;

4. Other matters prescribed by Presidential Decree.

(2) The period for filing an application to purchase a building site or unit under paragraph (1) 3 shall be at least 30 to 60 days from the date notice is given; provided, a project implementer may extend the period for filing an application to purchase a building site or unit only once by up to 20 days, if it determines such extension will not impede the formulation of a management and disposal plan under Article 74 (1).

(3) An owner of a plot of land or structure who intends to purchase a building site or unit shall file an application to purchase the building site or unit with the project implementer according to the method and procedure prescribed by Presidential Decree within the period set under paragraph (2).

(4) If the number of households or the size of each house is changed due to an amendment to the authorized project implementation plan under Article 50 (1) (excluding a modification of any minor matter) after the end of the period for filing an application to purchase a building site or unit specified under paragraph (2), the project implementer may publicly announce building sites or units for sale and take the steps again as prescribed in paragraphs (1) through (3).

(5) The project implementer may allow the owners of a plot of land or structure, specified in Article 73 (1) 1 or 2, to file an application to purchase a building site or unit pursuant to paragraph (4), if it is stipulated by articles of association, etc. or resolved upon at a general meeting.

(6) Notwithstanding paragraphs (3) through (5), any eligible purchaser under Article 74 (1) 2 or (1) 4 (a) regarding an improvement project for a high-speculation area according to the management and disposal plan under Article 74; and no person belonging to such eligible purchaser's household shall file an application to purchase a building site or unit under paragraphs (3) through (5) in the high-speculation area for five years from the date of selection of eligible purchaser (in cases of eligible purchasers of the units allocated to association members, it refers to the date of authorization of the initial management and disposal plan); provided, a person who obtains membership in an association by inheritance, marriage or divorce may file an application to purchase a building site or unit with the project implementer. <Added on Oct. 24, 2017>

(7) Where an implementer of a public redevelopment project intends to acquire a structure or land pursuant to Article 39 (2) 6, he or she shall make a public announcement of the conditions of the structure or land subject to acquisition when publicly announcing the sale thereof under paragraph (1) or (4) to prevent reckless applications for purchase. <Added on Apr. 13, 2021>

Article 74(Authorization of management and disposal plans) #

(1) Upon expiration of the period for filing an application to purchase a building site or unit specified under Article 72, the project implementer shall formulate a management and disposal plan, including the following matters, based on the applications filed to purchase a building site or unit; and shall obtain authorization thereof from the head of a Si/Gun, etc.; the project implementer shall also undergo the same procedure when it intends to amend, suspend or abolish the management and disposal plan; provided, the project implementer shall report to the head of a Si/Gun, etc. to modify any of the minor matters prescribed by Presidential Decree: <Amended on Jan. 16, 2018>

1. A plan for building sites and units for sale;

2. Addresses and names of eligible purchasers;

3. The estimated value of the building site or unit to be sold to each eligible purchaser (including details about housing units under outsourced rental management);

4. Details and the estimated value of the reserved area, etc. for the following and the method of disposal; provided, in cases of item (b), the name and address of the rental business entity selected under Article 30 (1) (if the business entity is a corporation, the name and domicile of the corporation and the name and address of its representative) shall be included:

(a) Units for sale to the general public;

(b) Publicly-funded private rental housing units;

(d) Other appurtenant facilities, welfare facilities, etc.;

5. Details of the land or structure previously owned by each eligible purchaser and the price as at the date the authorization of the project implementation plan was publicly notified (in cases of a structure demolished under Article 81 (3) before the project implementation plan was authorized, the price as at the date the head of a Si/Gun, etc. permits such demolition);

6. The estimated improvement project costs (including matters concerning the rebuilding charge under the Restitution of Excess Rebuilding Gains Act in cases of a rebuilding project), the costs apportioned to each association member, and the time for paying the apportioned cost;

7. Details of rights previously held by eligible purchasers, except ownership of the land or structures;

8. Details of each tenant's rights and the appraised value of such rights for compensating tenants for losses;

9. Other matters prescribed by Presidential Decree regarding rights, etc. related to an improvement project.

(2) The head of a relevant Si/Gun/Gu shall notify a person who has filed a report of whether or not to accept it within 20 days from the date of receiving said report under the proviso, with the exception of the subparagraphs, of paragraph (1). <Added on Mar. 16, 2021>

(4) In implementing an improvement project, property or rights under paragraph (1) 3, 5, or 8 shall be appraised as follows: <Amended on Apr. 7, 2020; Mar. 16, 2021; Jul. 27, 2021>

1. A price shall be determined by computing the arithmetic mean of the values appraised by the following appraisal corporations, etc., among the appraisal corporations, etc. registered under the Act on Appraisal and Certified Appraisers; provided, the estimated value of the building sites or units for sale and the price of previous plots of land or structures may be determined by agreement between the project implementer and all the owners of a plot of land or structure in order to modify, suspend, or abolish a management and disposal plan:

(a) For a residential environment improvement project or redevelopment project: At least two appraisal corporations, etc. selected and contracted by the head of a Si/Gun, etc.;

(b) For reconstruction project: At least one appraisal business entity selected and contracted by the head of a Si/Gun, etc. and at least one appraisal corporation, etc. selected and contracted following a resolution at the general meeting of the relevant association;

2. When the head of a Si/Gun, etc. intends to select and contract appraisal corporations, etc. pursuant to subparagraph 1, he or she shall select appraisal corporations, etc. through an objective and transparent process, considering appraisal business entities' capabilities, the number of appraisers in each appraisal corporation, etc., appraisal performance, compliance with laws and regulations, the validity of the appraisal plan, etc. In such cases, matters necessary for the procedure, method, etc. for selecting appraisal business entities shall be prescribed by City/Do ordinance;

3. When a project implementer intends to have property appraised pursuant to subparagraph 1, it shall request the head of a Si/Gun, etc. to select and contract appraisal corporation, etc.; and shall pre-deposit an amount of money for appraisal fees. After appraisal is completed, the head of a Si/Gun, etc. shall directly pay appraisal fees from the deposited amount and then return the balance to the project implementer.

(5) An association shall notify each association member, in writing, of the matters specified in paragraph (1) 3 through 6 one month before the date of the general meeting to be held to pass a resolution on the matter specified in Article 45 (1) 10. <Amended on Mar. 16, 2021>

(6) Contents of management and disposal plans under paragraph (1), the methods for management and disposal, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Mar. 16, 2021>

(7) Contents of management and disposal plans referred to in the subparagraphs of paragraph (1) and paragraphs (4) through (6) shall apply mutatis mutandis to management and disposal plans formulated by the head of a Si/Gun, etc. himself or herself. <Amended on Mar. 16, 2021>

Article 75(Adjustment of time frames for approving project implementation plans and management and disposal plans) #

(1) If the area adjacent to an improvement zone significantly lacks housing or the housing market becomes unstable due to the implementation of an improvement project; or if any event specified by ordinance of the competent Special Metropolitan City, Metropolitan City or Do occurs, the Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor may request the head of the Si/Gun/Gu concerned to adjust the time frames for authorizing a project implementation plan or a management and disposal plan under Article 74, after deliberation by the relevant City/Do Housing Policy Deliberative Committee under Article 9 of the Framework Act on Residence. Upon receipt of a request in such cases, the head of the Si/Gun/Gu concerned shall comply therewith, except in special circumstances, but the adjusted time frames for authorizing a project implementation plan or a management and disposal plan shall not exceed one year from the filing date of the application for authorization.

(2) If the area adjacent to an improvement zone significantly lacks housing or the housing market becomes unstable due to the implementation of an improvement project; or if any event specified by ordinance of the competent Special Self-Governing City or Special Self-Governing Province occurs, the Special Self-Governing City Mayor or Special Self-Governing Province Governor may adjust the time frames for authorizing a project implementation plan or a management and disposal plan under Article 74, after deliberation by the relevant City/Do Housing Policy Deliberative Committee under Article 9 of the Framework Act on Residence. In such cases, the adjusted time frames for authorizing a project implementation plan or a management and disposal plan shall not exceed one year from the filing date of the application for authorization.

(3) Methods and procedures for adjusting the time frames for authorizing a project implementation plan or a management and disposal plan under paragraph (1) and (2) and other necessary matters shall be prescribed by ordinance of the Special Metropolitan City or each Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province.

Article 76(Standards for formulating management and disposal plans) #

(1) Management and disposal plans formulated under Article 74 (1) shall comply with the following standards: <Amended on Oct. 24, 2017; Mar. 20, 2018; Feb. 3, 2022; Jun. 9, 2023; Jan. 30, 2024>

1. The project implementer shall ensure that building sites or structures are proportionately distributed to applicants to purchase a building site or unit and are reasonably used, comprehensively considering the area, special use, environment and other factors of plots of land or structures previously held by such applicants;

2. The project implementer shall ensure that building sites or structures are developed or built in appropriate sizes by increasing the sizes of excessively narrow plots of land or excessively small structures; or by reducing the sizes of excessively wide plots of land or excessively big structures;

3. If a person acquires an excessively narrow plot of land or excessively small structure or acquires a sectional ownership of partitioned land or condominium building, the project implement may make a cash settlement to the person in return for such plot of land or structure;

4. If adjusting the size of land is particularly necessary to prevent disasters or hygiene risks, the owners of an excessively narrow plot of land may be compensated by cash or by part of a structure and an undivided share of the land on which such structure stands, in return for such plot of land, to widen the excessively narrow plot of land;

5. A plan for building sites and units for sale shall be formulated as at the last day of the period for filing an application to purchase a building site or unit under Article 72;

6. One housing unit shall be supplied to one household or one person who owns one or more houses or one or more plots of land; while only one house shall be supplied to two or more persons who do not belong to one household, if they co-own one house or one plot of land;

7. Notwithstanding subparagraph 6, housing units may be supplied as follows in the following cases:

(a) If at least two persons co-own one plot of land and the supply of housing units in such cases is otherwise provided by City/Do ordinance, housing units may be supplied as prescribed by the relevant City/Do ordinance;

(b) Any of the following owners of a plot of land or structure may be supplied with as many houses as the number owned by the owner:

(i) An owner of a plot of land or structure in a reconstruction project not implemented in an over-concentration control area; provided, the owners of a plot of land or structure, who apply for authorization of a project implementation plan (referring to authorization of the initial project implementation plan) for a reconstruction project in a high-speculation area or an area subject to adjustment designated under Article 63-2 (1) 1 of the Housing Act (hereafter in this Article referred to as "area subject to adjustment"), shall be excluded herefrom;

(ii) The owners of plots of land or structures, who own houses as accommodation or dormitories for employees (including workers employed as public officials);

(iii) The State, a local government, the Korea Land and Housing Corporation or a local government-invested public corporation;

(iv) The transferee of a house owned by a public institution relocating according to the policy and other relevant measures for relocating public institutions to provincial areas and promoting the development of innovation cities under Article 25 of the Special Act on Local Autonomy, Decentralization, and Balanced Regional Development;

(c) Notwithstanding the proviso of item (b) (i), where several persons hold ownership over a plot of land or structure in an area subject to adjustment or an overheated speculation district, other than an over-concentration control area, by acquiring ownership of such land or structure from one owner of a plot of land or structure before it is designated as an area subject to adjustment or overheated speculation district, one house may be supplied to the transferor and the transferees, respectively;

(d) A person may be supplied with two housing units within the limit of the price under Article 74 (1) 5 or within the limit of the exclusive habitable area of the house previously owned thereby; but the exclusive habitable area of one of the housing units so supplied shall not exceed 60 square meters; provided, the housing unit with an area of not more than 60 square meters shall neither be resold (including sale, conveyance as a gift, and all other activities that cause a change in a right or interest, but excluding inheritance) nor arranged for resale, until at least three years before the date immediately following the date transfer of ownership is publicly notified under Article 86 (2);

(e) In cases of a reconstruction project implemented in an over-concentration control area, three housing units may be supplied to one person owning plots of land or structures, within the limit of the number of houses owned by the person; provided, this shall not apply to any reconstruction project for which the authorization of a project implementation plan (referring to the authorization of the initial project implementation plan) is applied in a high-speculation area.

(2) The guidelines for formulating management and disposal plans under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.

[The amended provisions of Article 76 (1) 7 (b) 4) of the Act (Act No. 14567, Feb. 8, 2017) shall be effective until January 1, 2018 pursuant to Article 2 of the Addenda]

Article 78(Procedures for public inspection and approval of management and disposal plans) #

(1) A project implementer shall make copies of related documents available to the owners of a plot of land or structure for public inspection and gather their consensus during at least 30 days before applying for the authorization of a management and disposal plan it has formulated under Article 74; provided, a modification of any of the minor matters prescribed by Presidential Decree under the proviso, with the exception of the subparagraphs, of Article 74 (1) requires no procedures for public inspection and gathering opinions from the owners of a plot of land or structure.

(2) The head of a Si/Gun, etc. shall determine whether he or she authorizes a management and disposal plan within 30 days from the date a project implementer applies for authorization of its management and disposal plan and shall notify the project implementer of his or her determination; provided, if the head of a Si/Gun, etc. requests a public institution to verify the validity of a management and disposal plan under paragraph (3), he or she shall determine whether he or she authorizes the management and disposal plan within 60 days from the date a project implementer applies for authorization of its management and disposal plan; and shall notify the project implementer of his or her determination. <Amended on Aug. 9, 2017>

(3) In any of the following cases, the head of a Si/Gun, etc. shall request any of the public institutions prescribed by Presidential Decree to verify the validity of a management and disposal plan. In such cases, the head of a Si/Gun, etc. may require the project implementer to pay expenses incurred in verifying the validity of its management and disposal plan: <Added on Aug. 9, 2017>

1. Where the improvement project cost under Article 74 (1) 6 increases by at least 10/100 of the improvement project cost under Article 52 (1) 12, which shall be at least the percent prescribed by Presidential Decree;

2. Where the amount of the charge apportioned to association members under Article 74 (1) 6 increases by at least 20/100 of the total estimated amount of the charge apportioned to each eligible purchaser under Article 72 (1) 2, which shall be at least the percent prescribed by Presidential Decree;

3. Where at least 1/5 of association members requests the head of a Si/Gun, etc. to verify the validity of the management and disposal plan within 15 days from the filing date of the application for authorization of the management and disposal plan;

4. Other cases where the head of a Si/Gun, etc. deems it necessary to verify the validity of the management and disposal plan.

(4) When the head of a Si/Gun, etc. authorizes a management and disposal plan under paragraph (2), he or she shall give public notice of the contents of the plan in the public gazette of the relevant local government. <Amended on Aug. 9, 2017>

(5) When a project implementer intends to make copies of related documents available for public inspection pursuant to paragraph (1) or the head of a Si/Gun, etc. publicly notifies a management and disposal plan under paragraph (4), the project implementer shall notify the owners of a plot of land or structure of the plan for public inspection; and shall give notice to each person who filed an application to purchase a building site or unit of the contents, etc. of the authorized management and disposal plan. <Amended on Aug. 9, 2017>

(6) Paragraphs (1), (4) and (5) shall apply mutatis mutandis where the head of a Si/Gun, etc. directly formulates a management and disposal plan. <Amended on Aug. 9, 2017>

(7) Where the details of a management and disposal plan fall under paragraph (3) 1 or 2, a project implementer may request a public institution under paragraph (3) to verify the validity of the management and disposal plan before filing an application for authorization of the management and disposal plan (limited to where a resolution is adopted at the general meeting under Article 45 (1) 10). In such cases, it shall be deemed that a request for validity verification under paragraph (3) has been made. <Added on Jan. 31, 2025>

Article 79(Disposal according to management and disposal plans) #

(1) Building sites developed and structures built while implementing an improvement project shall be managed and disposed of according to the relevant management and disposal plan.

(2) A project implementer shall supply structures built by implementing an improvement project to the owners of a plot of land or structure according to its management and disposal plan authorized under Article 74.

(3) When a project implementer (or a person who builds houses on a building site supplied under Article 23 (1) 2; hereafter in this paragraph and paragraphs 6 and 7 the same shall apply) builds houses in an improvement zone, he or she may separately determine the conditions of, and methods and procedures for soliciting prospective occupants; the methods, timing and procedures for making payments for purchase (referring to the down payment, intermediate payments and balance); the methods and procedures for housing supply, etc. with approval from the head of a Si/Gun, etc., within the limits prescribed by Presidential Decree, notwithstanding Article 54 of the Housing Act.

(4) If some lots remain unsold after receiving applications to purchase a building site or unit under Article 72, the project implementer may designate such remaining plots as a reserved area (including structures) or may sell such plots to any person other than an association member or owners of a plot of land or structure. Procedures for publicly announcing building sites or units for sale or for filing applications to purchase a building site or unit and other necessary matters in such cases shall be prescribed by Presidential Decree.

(5) Upon receipt of a request from an association, the Minister of Land, Infrastructure and Transport, the competent Mayor/Do Governor, the head of the relevant Si/Gun/Gu, the Korea Land and Housing Corporation or a local government-invested public corporation shall acquire rental housing units built by implementing a redevelopment project. Procedures and methods for acquiring redeveloped rental housing units, the acquisition price and other necessary matters in such cases shall be prescribed by Presidential Decree.

(6) When a project implementer builds rental housing units by implementing an improvement project, it may separately determine guidelines for conditions of lease, including tenant eligibility requirements; the method for selecting tenants; a security deposit and rents; guidelines for preferential sale to non-homeowner householders, etc. with the approval of the head of a Si/Gun, etc., within the limitations prescribed by Presidential Decree, notwithstanding Articles 42 and 44 of the Special Act on Private Rental Housing and Articles 48, 49 and 50-3 of the Special Act on Public Housing; provided, the transferee shall separately determine such guidelines, within the limitations prescribed by Presidential Decree, if the tenants to be selected are not the initial tenants of redeveloped rental housing units.

(7) A project implementer may supply any person other than the persons eligible to be supplied with housing units under paragraphs (2) through (6) with the housing units remaining after supplying housing units to the persons eligible to be supplied with housing units under paragraphs (2) through (6).

(8) Article 54 of the Housing Act shall apply mutatis mutandis to the method, procedure, etc. for supplying houses under paragraphs (7); provided, a project implementer may solicit prospective occupants, even before a court judgment in favor of the project implementer becomes final and conclusive, notwithstanding Article 54 of the Housing Act, if the project implementer deposits compensation money for losses in the competent court after winning a lawsuit seeking sale of property under Article 64 to indemnify occupants from losses and secures the structures for sale; but the project implementer shall acquire ownership in the building sites for the housing construction project before filing an application for authorization for completion of the project under Article 83.

Article 81(Discontinuance of exercise of usufruct on structures and demolition of structures) #

(1) If authorization of a management and disposal plan is publicly notified under Article 78 (4), the owners and other right holders, including holders of a surface right, a right to lease on a deposit basis or a leasehold right, over a previous plot of land or a previous structure may not use or make profit from previous plots of land or structures until transfer of ownership is publicly notified under Article 86; provided, this shall not apply in the following cases: <Amended on Aug. 9, 2017>

1. Where a person obtains consent from the project implementer;

2. Where compensation for loss under the Act on Acquisition of and Compensation for Land for Public Works Projects is incomplete.

(2) A project implementer shall demolish existing structures after obtaining authorization of its management and disposal plan under Article 74 (1).

(3) In either of the following cases, a project implementer may demolish an existing structure with the consent of its owner and permission from the head of a Si/Gun, etc., notwithstanding paragraph (2). In such cases, the demolition of a structure shall not affect any rights and obligations of the owner of the relevant plot of land or structure:

1. Where an accident, such as collapse of an existing structure, or any other event specified in the Framework Act on the Management of Disasters and Safety, the Housing Act, the Building Act or in any other relevant statute or regulation, is likely to occur;

2. Where a crime is likely to occur due to the concentration of deserted or unoccupied houses.

(4) When a project implementer demolishes existing structures pursuant to paragraph (2) or evict possessors for such demolition, the head of a Si/Gun, etc. may restrict the demolition of structures or the eviction of possessors at the following relevant time: <Amended on Jun. 10, 2022; Feb. 14, 2023>

1. Before sunrise and after sunset;

2. When the Administrator of the Korea Meteorological Administration issues a severe weather alert under Article 13-2 of the Weather Act because a serious disaster is likely to occur in the relevant area due to a heavy rain, heavy snow, storm surge, seismic sea wave, typhoon, strong wind, wind wave, cold wave or other event;

3. When a disaster under Article 3 of the Framework Act on the Management of Disasters and Safety occurs;

4. The time the head of a Si/Gun, etc. recognizes as similar to those specified in subparagraphs 1 through 3.

Article 83(Approval of completion of improvement projects) #

(1) When a project implementer who is not the head of a Si/Gun, etc. completes construction works of an improvement project, it shall obtain authorization for completion of the project from the head of a Si/Gun, etc. according to the method and procedure prescribed by Presidential Decree.

(2) Upon receipt of an application for authorization for completion of a project under paragraph (1), the head of a Si/Gun, etc. shall conduct a completion inspection without delay. If necessary for conducting a completion inspection efficiently in such cases, the head of a Si/Gun, etc. may request a related administrative agency, public institution, research institute or any other specialized institution or organization to conduct the completion inspection.

(3) If the head of a Si/Gun, etc. concludes, as a result of a completion inspection conducted under the former or latter part of paragraph (2), that an improvement project has been completed according to the authorized project implementation plan, the head of a Si/Gun, etc. shall grant authorization for completion of the project and give public notice of the completion of the project in the public gazette of the relevant local government.

(4) When construction works for an improvement project implemented directly by the head of a Si/Gun, etc. are completed, the head of a Si/Gun, etc. shall give public notice of the completion in the public gazette of the relevant local government.

(5) If a completed structure can be used without any problem even before such completion is authorized under paragraph (1); or if such structure meets the criteria prescribed by Presidential Decree, the head of a Si/Gun, etc. may permit the project implementer to allow prospective occupants to use the completed structure; provided, if the head of a Si/Gun, etc. is a project implementer, he or she may allow prospective occupants to use the completed structure.

(6) Procedures and methods for publicly notifying the completion of construction works under paragraphs (3) and (4) and other necessary matters shall be prescribed by Presidential Decree.

Article 85(Deemed authorization or permission following completion of construction works) #

(1) When completion of construction works is authorized or publicly notified under Article 83 (1) through (4), the matters on which the head of a Si/Gun, etc. has consulted with the heads of related administrative agencies regarding a completion inspection, authorization for completion, pre-use inspection, approval of use, etc. (hereinafter referred to as "completion inspection, authorization, etc.") according to the authorization, permission, etc. deemed granted or issued under Article 57 shall be deemed to have passed and obtained the relevant completion inspection, completion authorization, etc.

(2) If a project implementer who is not the head of a Si/Gun, etc. wishes to have the completion inspection, authorization, etc. deemed completed or issued under paragraph (1), it shall submit the documents specified by relevant statutes, along with an application for authorization for completion of construction works under Article 83 (1). <Amended on Jun. 9, 2020>

(3) If a project involves matters eligible for deemed completion inspection, authorization, etc. according to the authorization, permission, etc. deemed granted or issued under Article 57 when the head of a Si/Gun, etc. intends to authorize or publicly notify completion of project construction works under Article 83 (1) through (4), the head of a Si/Gun, etc. shall consult on such matters with the heads of related administrative agencies.

(4) Upon receipt of a request for consultation under paragraph (3), the head of the related administrative agency shall submit his or her opinions within 10 days from the date of receiving such request. <Added on Mar. 16, 2021>

(5) Where the heads of related administrative agencies fail to submit their opinions within the period prescribed in paragraph (4) (where the period for reply is extended pursuant to Article 20 (2) of the Civil Petitions Treatment Act, referring to such extended period), consultation shall be deemed to have been provided. <Added on Mar. 16, 2021>

(6) Article 57 (6) shall apply mutatis mutandis to the deemed completion inspection, authorization, etc. under paragraph (1). <Amended on Mar. 16, 2021>

Article 95(Subsidies and loans) #

(1) The State or a City/Do may provide a subsidy or loan to the head of a Si/Gun/Gu, the Korea Land and Housing Corporation or a local government-invested public corporation to partially cover expenses for conducting basic surveys and for constructing fundamental infrastructure, temporary housing facilities and common facilities in a residential environment improvement project, prescribed by Presidential Decree as necessary for implementing an improvement project by the head of the Si/Gun/Gu, the Korea Land and Housing Corporation or the local government-invested public corporation. In such cases, the State or a City/Do may provide a subsidy or loan preferentially for the following projects:

1. A residential environment improvement project implemented by the head of a Si/Gun, etc., the Korea Land and Housing Corporation or a local government-invested public corporation in any of the following areas:

(a) An improvement zone, etc. canceled under Article 20 or 21;

(b) An urban renewal acceleration district canceled under Article 7 (2) of the Special Act on the Promotion of Urban Renewal;

2. A redevelopment project implemented solely by the head of a Si/Gun, etc., the Korea Land and Housing Corporation or a local government-invested public corporation in an area prescribed by Presidential Decree, which is an undeveloped area formed with indigent urban dwellers relocated by the Sate or a local government.

(2) Where the Korea Land and Housing Corporation or a local government-invested public corporation, as a project implementer, constructs the fundamental infrastructure, common facilities and temporary housing facilities under paragraph (1) regarding a residential environment improvement project it implements, the head of a Si/Gun, etc. shall fully or partially subsidize the Korea Land and Housing Corporation or the local government-invested public corporation to cover the construction cost.

(3) The State or a local government may provide a subsidy or loan or arrange a loan to partially cover the cost of an improvement project implemented by a project implementer who is not the head of a Si/Gun, etc.

(4) Where the State or a local government provides a subsidy or loan for the cost necessary for improvement projects under paragraphs (1) and (2), it may give priority to provide a subsidy or loan for an improvement project implemented by the circulative method provided for in Article 59 (1). In such cases, the State or a local government may provide a subsidy or loan to cover some of the following costs and expenses: <Amended on Jun. 12, 2018>

1. Construction cost of housing units for circulative dwelling;

2. Remodeling cost of housing units for circulative dwelling for the purposes of enhancing energy performance and improving energy efficiency by reinforcing thermal insulation and replacing windows and doors;

3. Expenses for the maintenance of unoccupied houses.

(5) The State may provide a subsidy or loan for a local government, the Korea Land and Housing Corporation or a local government-invested public corporation to fully or partially cover the following costs and expenses:

1. The costs and expenses, such as the costs of constructing housing units and maintenance expenses for unoccupied houses, where public rental housing units owned by the Korea Land and Housing Corporation or a local government-invested public corporation are provided to an association as housing units for circulative dwelling pursuant to Article 59 (2);

2. The costs for acquiring rental housing units, where a Mayor/Do Governor, the head of the relevant Si/Gun/Gu, the Korea Land and Housing Corporation or a local government-invested public corporation acquires redeveloped rental housing units pursuant to Article 79 (5).

(6) The State or a local government may provide a subsidy or loan for persons supplied with land-leasehold housing units under Article 80 (2) to fully or partially cover the costs of such housing units.

Article 97(Vesting of ownership of fundamental infrastructure and land) #

(1) Where the head of a Si/Gun, etc., the Korea Land and Housing Corporation or a local government-invested public corporation constructs new fundamental infrastructure or any fundamental infrastructure replacing existing fundamental infrastructure, by implementing an improvement project, the ownership of the existing fundamental infrastructure shall vest gratuitously in the project implement, notwithstanding the State Property Act and the Public Property and Commodity Management Act, while the ownership of the newly built fundamental infrastructure shall vest gratuitously in the State or a local government, whoever is responsible for managing the infrastructure.

(2) The ownership of new fundamental infrastructure built by implementing an improvement project by any project implementer, other than the head of a Si/Gun, etc., the Korea Land and Housing Corporation or a local government-invested public corporation, shall be vested gratuitously in the State or a local government, whoever is responsible for managing the infrastructure; while the ownership of fundamental infrastructure owned by the State or a local government but fell into disuse due to the implementation of an improvement project shall be transferred to the relevant project implementer within the equivalent of the costs of constructing fundamental infrastructure by the project implementer.

(3) Roads classifiable as fundamental infrastructure referred to in paragraphs (1) and (2) are as follows:

1. Roads determined and built according to an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act;

2. Roads managed by the road management authority under Article 23 of the Road Act;

3. Roads built under the Urban Development Act or any other statute and owned by the State or a local government;

4. Other sites provided for public traffic, among public property managed under the Public Property and Commodity Management Act. Specific criteria for such sites, including the special use, size and functions, in such cases may be prescribed by City/Do ordinance.

(4) When the head of a Si/Gun, etc. intends to implement an improvement project or authorize the implementation of an improvement project, which includes matters related to the vesting and transfer of the ownership of fundamental infrastructure under paragraphs (1) through (3), he or she shall seek consensus from the relevant management authority. The same procedures shall apply where it is intended to amend such authorization.

(5) A project implementer shall notify the relevant management authority of the categories and subcategories of the fundamental infrastructure, the ownership of which shall vest in the management authority, and the property, ownership in which shall vest in or be transferred to the project implementer, under paragraphs (1) through (3), before completing the relevant improvement project; and the ownership in such fundamental infrastructure shall be deemed to vest in the State or a local government or to vest in or transferred to the project implementer as at the time the notice of authorization for completion is given to the management authority after the completion of the improvement project is authorized.

(6) In the case of registering the fundamental infrastructure under paragraph (5), the certificate of authorization to implement an improvement project; and the certificate of authorization of completion (referring to the public notice of authorization of a project implementation plan under Article 50 (9) and the public notice of completion of construction works under Article 83 (4), if the head of a Si/Gun, etc. directly implements an improvement project) shall substitute for any document certifying the cause of registration under the Registration of Real Estate Act. <Amended on Jun. 9, 2020; Mar. 16, 2021>

(7) In cases of the fundamental infrastructure fell into disuse due to the implementation of an improvement project under paragraph (1) or (2) and owned by the State or a local government, the project implementer is exempt from rents for such fundamental infrastructure during the period for which it implements the improvement project.

Article 98(Disposal of State or public property) #

(1) If a project implementation plan that the head of a Si/Gun, etc. intends to authorize or directly formulates under Article 50 or 52 includes matters regarding the disposal of State or public property, the head of a Si/Gun, etc. shall consult beforehand with the relevant management authority. In such cases, if it is not clear who the management authority for certain property is, the Minister of Land, Infrastructure and Transport shall be deemed the management authority for roads, ditches, etc.; the Minister of Environment for rivers; and the Minister of Economy and Finance for any property other than the aforesaid. <Amended on Dec. 31, 2020; Jan. 5, 2021>

(2) Upon receipt of a request for consultation under paragraph (1), the management authority shall present its opinion within 20 days.

(3) No State or public property in an improvement zone shall be sold or transferred for any purpose other than the relevant improvement project.

(4) Notwithstanding the comprehensive plan for State property under Article 9 of the State Property Act or the public property management plan under Article 10 of the Public Property and Commodity Management Act and the contracting method provided for in Article 43 of the State Property Act or Article 29 of the Public Property and Commodity Management Act, the State or public property in an improvement zone may be sold or leased preferentially to the project implementer, owner or user under a negotiated no-bid contact.

(5) Notwithstanding the State Property Act, the Public Property and Commodity Management Act and other statutes or regulations regarding the management and disposal of State or public land, the previous use of the State or public property that may be sold or leased preferentially to others under paragraph (4) shall be deemed to be discontinued on the date the authorization of the relevant project implementation plan is publicly notified.

(6) The State or public property to be sold preferentially for an improvement project under paragraph (4) shall be appraised as at the date the authorization of the relevant project implementation plan is publicly notified; and the sale price of such property in cases of a residential environment improvement project shall be 80/100 of the appraised value; provided, matters regarding the state or public land for which no sale and purchase agreement has been executed within three years from the date the authorization of the relevant project implementation plan is publicly notified shall be prescribed by the State Property Act or the Public Property and Commodity Management Act.

Article 101(Gratuitous transfer of State or public land) #

(1) The previous use of the land owned by the State or a local government in any of the following zones shall be deemed discontinued on the date the authorization of the relevant project implementation plan is publicly notified under Article 50 (9); and such land shall be gratuitously transferred to the relevant project implementer, notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other statutes or regulations regarding the management and disposal of State or public land; provided, this shall not apply to the administrative property provided for in Article 6 (2) of the State Property Act or the administrative property provided for in Article 5 (2) of the Public Property and Commodity Management Act and the land for which the State or a local government has received partial payment under a transfer contract as at the date the designation of the relevant project implementation zone is publicly notified: <Amended on Mar. 16, 2021>

1. A residential environment improvement zone;

2. A redevelopment zone prescribed by Presidential Decree, which is an undeveloped area formed with indigent urban dwellers relocated by the State or a local government (notwithstanding the main sentence, with the exception of the subparagraphs, of this paragraph, State land shall be excluded from the property to be gratuitously transferred; while public land may be transferred only where the head of a Si/Gun, etc., the Korea Land and Housing Corporation or a local government-invested public corporation solely serves as a project implementer).

(2) Deleted. <Aug. 10, 2021>

(3) No revenue generated by using and making profit from, or disposing of land gratuitously transferred under paragraph (1) shall be used for any purpose other than the residential environment improvement project or redevelopment project.

(4) The head of a Si/Gun, etc. shall consult with the State or a local government that owns or manages State or public land to be gratuitously transferred under paragraph (1).

(5) Matters necessary for managing and disposing of land gratuitously transferred to a project implementer shall be prescribed by ordinance of the relevant City/Do or implementation rules of the Korea Land and Housing Corporation or a local government-invested public corporation with the approval of from the Minister of Land, Infrastructure and Transport.

Article 101-2(Designation and public notice of proposed public redevelopment project zones) #

(1) The Authority to designate improvement zones may designate a zone in which a public redevelopment project is to be promoted as a proposed public redevelopment project zone, to prevent any uneconomical conduct of construction and inflow of speculative demand and to formulate a reasonable project plan. In such cases, Article 16 shall apply mutatis mutandis to procedures for the designation and public notice of a proposed public redevelopment project zone.

(2) The Authority to formulate improvement plans, or the Korea Land and Housing Corporation or a local government-invested public corporation may apply for the designation of a proposed public redevelopment project zone to the Authority to designate improvement zones. In such cases, the Korea Land and Housing Corporation or a local government-invested public corporation shall file an application through the Authority to formulate improvement plans.

(3) A person who intends to engage in activities provided in any of the subparagraphs of Article 19 (7) or paragraph (8) of that Article in a proposed public redevelopment zone shall obtain permission from the head of a Si/Gun, etc. The same shall apply to changes of the permitted matters.

(4) Notwithstanding Article 77, if a structure allotted for sale in a proposed public redevelopment project zone falls under any subparagraph of Article 77 (1), the right to purchase such structure shall be calculated as of the day following the date a proposed public redevelopment zone is designated and publicly notified or such date prior to the designation and public notice of a proposed public redevelopment project zone as separately determined by the competent Mayor/Do Governor to restrain speculation. In such cases, Article 77 (2) shall apply mutatis mutandis where the Mayor/Do Governor separately determines the cut-off date for the rights to purchase a structure.

(5) If a proposed public redevelopment project zone is not designated as an improvement zone for a public redevelopment project or if the implementer of the public redevelopment project is not designated within two years after the date a proposed public redevelopment project zone is designated and publicly notified, the Authority to designate improvement zones shall revoke the designation of the proposed public redevelopment project zone on the day following the second anniversary; provided, the Authority to designate improvement zones may extend the designation of a proposed public redevelopment project zone only once by up to one year.

(6) Matters necessary for the designation of a proposed public redevelopment project zone under paragraph (1) and the application for designation under paragraph (2), and the procedures therefor shall be prescribed by Presidential Decree.

[This Article Added on Apr. 13, 2021]

Article 101-5(Relaxation of floor area ratios for public redevelopment projects and construction ratios of houses therefor) #

(1) Notwithstanding Article 78 of the National Land Planning and Utilization Act and ordinance of a local government, where a public redevelopment project implementer implements a public redevelopment project (including a public redevelopment project implemented in an urban renewal acceleration district under subparagraph 1 of Article 2 of the Special Act on the Promotion of Urban Renewal), he or she may develop at a floor area ratio of up to 120/100 of the statutory maximum floor area ratio (hereinafter referred to as "surplus floor area ratio exceeding the statutory limit"), subject to deliberation by the local urban planning committee and the urban renewal committee.

(2) Notwithstanding Article 54, the implementer of a public redevelopment project shall construct housing units of the national standard housing size in an area prescribed by City/Do ordinance, within a range corresponding to at least 20/100 but not more than 70/100 of the floor area ratio calculated by deducting the floor area ratio specified in the improvement plan from the surplus floor area ratio exceeding the statutory limit, and shall supply them to the transferee; provided, this shall not apply where an improvement project under Article 24 (4), 26 (1) 1, or 27 (1) 1 is implemented. <Amended on Jul. 18, 2023>

(3) Article 55 shall apply mutatis mutandis to the methods of supplying and transferring housing units of the national standard housing size under paragraph (2).

(4) Notwithstanding paragraph (3), a transferee may sell housing units at the rate prescribed by Presidential Decree, among housing units supplied by the implementer of a public redevelopment project pursuant to Article 48 of the Special Act on Public Housing. In such cases, Article 66 (4) shall apply mutatis mutandis to the determination of the supply price of the relevant housing units and the price of the appurtenant land. <Added on Jul. 18, 2023>

[This Article Added on Apr. 13, 2021]

Article 101-6(Relaxation of floor area ratios for public reconstruction projects and housing construction ratios therefor) #

(1) An improvement zone for a public reconstruction project may obtain a floor area ratio of up to the upper limit of the floor area ratio applicable to the relevant zone by deeming that such zone is determined and publicly notified, on the date of designation and public notice of the relevant improvement zone, as an area prescribed by Presidential Decree, from among the areas determined by subdividing a residential area pursuant to Article 36 (1) 1 (a) or (2) of the National Land Planning and Utilization Act; provided, this shall not apply in the following cases:

1. If the improvement zone is a development-restricted zone determined under Article 3 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones;

2. If the head of a Si/Gun, etc. finds it necessary for a public reconstruction project to maintain part of the relevant improvement zone as the current special-use zone or to change the location of part of the improvement zone within the limits of the same area and formulates an improvement plan by reflecting such findings;

3. If the head of a Si/Gun, etc. formulates an improvement plan providing for the matters specified in Article 9 (1) 10 (c).

(2) Notwithstanding Article 54 (4), where the public reconstruction project implementer implements a public reconstruction project (including a public reconstruction project implemented in an urban renewal acceleration district under subparagraph 1 of Article 2 of the Special Act on the Promotion of Urban Renewal), he or she shall construct housing units of the national standard housing size in an area prescribed by City/Do ordinance, which is determined in consideration of the size of increase in the number of housing units, financial conditions of an improvement zone for a public reconstruction project, and other factors, within a range corresponding to at least 40/100 but not more than 70/100 of the floor area ratio calculated by deducting the floor area ratio specified in the improvement plan from the relaxed floor area ratio pursuant to paragraph (1), and shall supply them to the transferee.

(3) The supply price of housing units under paragraph (2) shall be equal to such standard construction cost of publicly-constructed rental housing as publicly notified by the Minister of Land, Infrastructure and Transport under Article 50-4 of the Special Act on Public Housing; and the supply price of housing units acquired for purposes of sale under the proviso of paragraph (4) shall be the construction costs for basic type publicly notified by the Minister of Land, Infrastructure and Transport under Article 57 (4) of the Housing Act. In such cases, the land appurtenant to the housing units shall be deemed donated to the transferee.

(4) Article 55 shall apply mutatis mutandis to the methods of supplying and transferring housing units of the national standard housing size under paragraph (2); provided, a transferee may sell housing units corresponding to the ratio prescribed by Presidential Decree, among housing units supplied by the public reconstruction project implementer, under Article 48 of the Special Act on Public Housing.

(5) Notwithstanding the latter part of paragraph (3), a transferee of housing units under the proviso of paragraph (4) shall acquire the land appurtenant to such housing units at the price prescribed by Presidential Decree within the range of at least 50/100 of the appraised price.

[This Article Added on Apr. 13, 2021]

Article 101-8(Special cases concerning designation of improvement zones) #

(1) The Korea Land and Housing Corporation or a local government-invested public corporation (limited to cases where it intends to be designated as a project implementer under Article 26; hereafter in this Chapter the same shall apply) or a qualified developer (limited to trust business entities under Article 27 (1); hereafter in this Chapter the same shall apply) may propose the designation of an improvement zone (including the amendment to the designation; hereafter in this Article the same shall apply) to the Authority to designate improvement zones (limited to the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun; hereafter in this Chapter the same shall apply) with the consent of the owners of a plot of land or structure at not less than the ratio prescribed by Presidential Decree, notwithstanding Article 8; in such cases, the Korea Land and Housing Corporation, the local government-invested public corporation, or the qualified developer shall submit a written proposal including the following information to the Authority to designate improvement zones:

1. The name of the improvement project;

2. Outline of the improvement zone, such as its location and area;

3. Basic direction for land utilization, housing construction, installation of infrastructure, etc.;

4. Other matters prescribed by Presidential Decree as necessary for proposing the designation.

(2) Where the Korea Land and Housing Corporation, a local government-invested public corporation, or a qualified developer proposes the designation of an improvement zone pursuant to paragraph (1), the Authority to designate improvement zones may designate an improvement zone before formulating an improvement plan, notwithstanding Articles 8 and 16.

(3) Where the Authority to designate improvement zones intends to designate an improvement zone pursuant to paragraph (2), the Authority shall hear the opinions of residents and the relevant local council and shall refer the case to the relevant local urban planning committee for deliberation; provided, the foregoing shall not apply to a minor modification under Article 15 (3).

(4) Article 16 (2) and (3) shall apply mutatis mutandis to public notice of designation of an improvement zone. In such cases, "improvement zone, including the relevant improvement plan" shall be construed as "improvement zone".

(5) Except as provided in paragraphs (1) through (4), matters necessary for the procedures, etc. for proposing the designation of an improvement zone and for designating such zone shall be prescribed by Presidential Decree.

[This Article Added on Jul. 18, 2023]

Article 101-10(Integrated formulation of improvement plans and project implementation plans) #

(1) Where an improvement zone is designated pursuant to Article 101-8, the relevant project implementer shall formulate a plan including the following (hereinafter referred to as "improvement project plan"; hereinafter the same shall apply), which integrates an improvement plan under Article 9 and a project implementation plan under Article 52:

1. Details of an improvement plan under Article 9 (1) (excluding subparagraph 9);

2. Details of a project implementation plan under Article 52 (1).

(2) A project implementer that intends to implement an improvement project shall submit the improvement project plan formulated under paragraph (1), along with articles of association, etc. and other documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the Authority to designate improvement zones to obtain authorization of the improvement project plan, and the same shall also apply where he or she intends to modify the authorized matters or suspend or discontinue the improvement project; provided, in cases of modification of any minor matter under Article 15 (3) or the proviso of Article 50 (1), a report thereon shall filed with the Authority to designate improvement zones.

(3) A qualified developer that intends to implement an improvement project shall obtain consent surplus to the consent requirements for establishing an association for a redevelopment or reconstruction project under Article 35 before filing an application for authorization of an improvement project plan (referring to the first authorization of an improvement project plan). In such cases, the owners of a plot of land or structure who have consented to the designation of a project implementer under Article 101-9 shall be deemed to have consented thereto.

(4) Where the Authority to designate improvement zones grants authorization of an improvement project plan or modifies, suspends, or discontinues an improvement project plan pursuant to paragraph (2), the Authority shall give public notice of the details thereof in the public gazette of the relevant local government according to the methods and procedures prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, the foregoing shall not apply to a modification of any minor matter under the proviso of paragraph (2).

(5) Where authorization of an improvement project plan is publicly notified under paragraph (4), any matter in the relevant improvement project plan, which is specified in the subparagraphs of Article 52 (1) of the National Land Planning and Utilization Act shall be deemed to be determined and publicly notified as a district-unit planning zone and a district-unit plan.

(6) Public notice of authorization of an improvement project plan under paragraph (4) shall be deemed as public notice of a determination of an improvement plan under Article 16 (2) and public notice of authorization of a project implementation plan under Article 50 (9).

(7) Articles 10 through 13, 17 (3) through (5), 50 (2) through (8) (excluding paragraph (7)), 50-2, 51, and 53 through 59 shall apply mutatis mutandis to improvement project plans. In such cases, "head of a Si/Gun, etc." shall be construed as "Authority to designate improvement zones", "improvement plan" and "project implementation plan" as "improvement project plan".

(8) Except as provided in paragraphs (1) through (7), matters necessary for authorization and public notice, etc. of improvement project plans shall be prescribed by Presidential Decree.

[This Article Added on Jul. 18, 2023]

Article 102(Registration of management business specialized in improvement projects) #

(1) A person who intends to engage in business activities for the following matters upon entrustment by a promoters' committee or a project implementer or to advise on such matters shall meet the standards prescribed by Presidential Decree for capital, technical personnel, etc. and shall register his or her business or amend such registration (excluding a modification of any of the minor matters prescribed by Presidential Decree) with the competent Mayor/Do Governor; provided, this shall not apply to the institutions prescribed by Presidential Decree, including public institutions performing work related to improvement projects, such as housing construction:

1. Act as an agent to obtain consent to establish an association and consent to an improvement project;

2. Act as an agent to file applications for authorization to establish an association;

3. Assessing the feasibility of projects and formulating the implementation plan for an improvement project;

4. Assisting in selecting a designer or contractor;

5. Acting as an agent to file applications for authorization of a project implementation plan;

6. Acting as an agent to formulate a management and disposal plan;

7. The following work necessary for establishing a promoters' committee, where the head of a Si/Gun, etc. selects a management entity specialized in improvement projects under Article 118 (2) 2:

(a) Receiving consent forms;

(b) Assisting in preparing operating rules;

(2) Procedures and methods for registration under paragraph (1), registration fees, and other necessary matters shall be prescribed by Presidential Decree.

(3) A Mayor/Do Governor shall report to the Minister of Land, Infrastructure and Transport the status of registration or amended registration of management business specialized in improvement projects under paragraph (1) and the status of the orders revoking the registration of management business specialized in improvement projects or suspending business operations of management entities specialized in improvement projects under Article 106 (1), according to the method and procedure prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 105(Grounds for disqualification of management entities specialized in improvement projects) #

(1) None of the following persons shall apply for registration of management business specialized in improvement projects or work as an executive officer or employee representing or assisting a management entity specialized in improvement projects for business activities: <Amended on Jun. 9, 2020>

1. A minor (limited to where a minor becomes the representative or an executive officer) or a person under adult guardianship or limited guardianship;

2. A person declared bankrupt, but not yet reinstated;

3. A person in whose case two years have not passed since a sentence of imprisonment without labor or heavier punishment imposed upon him or her for a crime related to the implementation of an improvement project was completely executed (or is deemed completely executed) or waived;

4. A person who was sentenced to a suspended prison sentence or heavier punishment for a crime related to the implementation of an improvement project and is still in the period of suspension;

5. A person in whose case two years have not passed since the person was sentenced to a fine or heavier punishment for violating this Act;

6. A person in whose case two years have not passed since the person’s registration was revoked under Article 106 (referring to the representative of a corporation, if the person is a corporation);

7. A corporation with executive officers and/or employees representing or assisting the corporation in business activities who fall under any provision of subparagraphs 1 through 6.

(2) If an executive officer or employee representing or assisting a management entity specialized in improvement projects for business activities meets the requirements of the subparagraphs of paragraph (1) or is found to have met the requires thereof at the time he or she was appointed, such executive officer or employee shall be automatically dismissed from office. <Amended on Jun. 9, 2020>

(3) The activities in which an executive officer or employee who is dismissed from office under paragraph (2) has been involved shall remain in effect.

Article 106(Revocation of registration of management business specialized in improvement projects) #

(1) In any of the following cases, a Mayor/Do Governor may revoke the registration of a management entity specialized in improvement projects; or may order a management entity specialized in improvement projects to completely or partially suspend its business operations for a specified period not exceeding one year; provided, the registration shall be revoked, if a management entity specialized in improvement projects falls under subparagraph 1, 4, 8 or 9:

1. If a management entity specialized in improvement projects was registered by fraud or other wrongful means;

2. If a management entity specialized in improvement projects ceases to meet the standards for registration under Article 102 (1);

3. If a management entity specialized in improvement projects engages in any of the activities under Article 102 (1) without a contract entered into with a promoters' committee, a project implementer or the head of a Si/Gun, etc. for entrusting business activities or providing advice;

4. If a management entity specialized in improvement projects does not directly engage in any of the activities under Article 102 (1);

5. If a management entity specialized in improvement projects, intentionally or negligently, inflicts economic loss upon an association by at least 1/3 of the contract amount (referring to the total amount of the contract executed between the management entity specialized in improvement projects and an association);

6. If a management entity specialized in improvement projects fails to submit a report or document under Article 107; submits a false report or document; or refuses, interferes with or evades an investigation or inspection;

7. If a management entity specialized in improvement projects fails to submit a report or document under Article 111; submits a false report or document or refuses; interferes with or evades an investigation;

8. If a management entity specialized in improvement projects has been ordered to suspend business operations at least twice during the most recent three years and the total period of business suspension exceeds 12 months;

9. If a management entity specialized in improvement projects permits another person to engage in any of the business activities provided for in this Act in its name or trade name or lends the management entity's certificate of registration;

10. If a management entity specialized in improvement projects is sentenced to a fine or heavier punishment for violating this Act (including the management entity's executive officers and employees, if the management entity is a corporation);

11. If a management entity specialized in improvement projects violates this Act; or an order issued or a disposition made under this Act.

(2) The criteria for revoking registration and suspending business operations under paragraph (1) shall be prescribed by Presidential Decree.

(3) A management entity specialized in improvement projects who is subjected to a revocation of registration or is ordered to suspend business operations under paragraph (1) and a Mayor/Do Governor who orders revocation of registration shall notify a promoters' committee or a project implementer details thereof without delay. <Amended on Aug. 20, 2019>

(4) A management entity specialized in improvement projects may continue to engage in the business activities for which a contract was executed before its registration is revoked or it is ordered to suspend business operations under paragraph (1). Such management entity shall be deemed a management entity specialized in improvement projects until it completely engages in the relevant business activities.

(5) Notwithstanding the former part of paragraph (4), a management entity specialized in improvement projects shall not continue to engage in business activities in any of the following cases:

1. If a project manager terminates the relevant contract for business activities following a resolution passed at the general meeting or the representatives' meeting within three months from the date the project implementer receives notice given under paragraph (3) or becomes aware of the relevant disposition;

2. If a management entity specialized in improvement projects fails to obtain consent of the project implementer to continue engaging in business activities within three months from the date the management entity faces revocation of its registration or is ordered to suspend business operations. The project implementer shall refer the case to the general meeting or representatives' meeting for resolution to give its consent;

3. If a management entity specialized in improvement projects faces revocation of its registration under the proviso, with the exception of the subparagraphs, of paragraph (1).

Article 107(Investigation of management entities specialized in improvement projects) #

(1) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may require the management entity to submit a report or materials regarding its business operations or may issue any other necessary order; and may authorize subordinate public officials to enter a place of business, etc. of the management entity to investigate or inspect books of accounts, documents, etc. in any of the following cases: <Amended on Aug. 20, 2019>

1. Where it is necessary to ascertain whether any matter prescribed by this Act has been violated, such as the requirements for registration or grounds for disqualification;

2. Where any dispute arises between a management entity specialized in improvement projects, the owner of a plot of land or structure, members of the relevant association, or other interested parties in the improvement project;

3. Other cases prescribed by City/Do ordinance.

(2) Public officials who enter a place of business to conduct an inspection, etc. under paragraph (1) shall carry identification indicating their authority; and shall show it to relevant persons.

(3) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor intends to require a management entity specialized in improvement projects to report matters related to its business activities or to submit materials, or to conduct an investigation or inspection under paragraph (1), he or she shall give prior notice thereof pursuant to Article 17 of the Framework Act on Administrative Investigations. <Added on Aug. 20, 2019>

(4) A management entity specialized in improvement projects, upon receipt of an order to report business operations or to submit materials pursuant to paragraph (1), shall report or submit (including reporting or submission by electronic document) to the relevant management entity within 15 days from the date of receiving such order. <Added on Aug. 20, 2019>

(5) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall notify the results of a report or submission of materials related to business operations, of investigation, or inspection under paragraph (1) within 30 days from the date such report, submission, investigation, or inspection is completed. <Added on Aug. 20, 2019>

Article 111(Submission of materials) #

(1) Each Mayor/Do Governor shall submit a quarterly report on the performance of improvement projects to the Minister of Land, Infrastructure and Transport according to the methods and procedures prescribed by Decree of the Ministry of Land, Infrastructure and Transport; and the head of each Si/Gun/Gu shall report the performance of improvement projects to the competent Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor, as prescribed by City/Do ordinance.

(2) If necessary for supervision to ensure efficient implementation of an improvement project (including the affairs of liquidation of an association dissolved pursuant to Article 86-2; hereafter in this paragraph the same shall apply), the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may have the relevant promoters' committee, project implementer (including a liquidator), management entity specialized in improvement projects, designer, contractor, or any person engaging in any business activity under this Act report matters relating to said affairs or submit materials or may issue other necessary orders; and may have subordinate public officials enter places of business to investigate or inspect books of accounts, documents, etc.: <Amended on Aug. 20, 2019; Jun. 9, 2020; Dec. 26, 2023>

1. Where it is necessary to ascertain whether any business entity or person has violated this Act;

2. Where any dispute arises between the owner of a plot of land or structure, a member thereof, or any other interested party in the relevant improvement project;

3. Where it is necessary to confirm whether the liquidator is faithfully performing the duties of the liquidator, such as the delivery of surplus assets of the association dissolved pursuant to Article 86-2;

4. Other cases prescribed by City/Do ordinance.

(3) Article 107 (2) through (5) shall apply mutatis mutandis to the reporting of matters regarding the business activities prescribed in paragraph (2), submission of materials, investigations, or inspections. <Amended on Aug. 20, 2019>

Article 112(Audits) #

(1) Any project implementer or promoters' committee, other than the head of a Si/Gun, etc., the Korea Land and Housing Corporation or a local government-invested public corporation, shall request the head of a Si/Gun, etc. to select and enter into a contract with an audit institution to undergo an audit by the auditor under subparagraphs 7 and 9 of Article 2 of the Act on External Audit of Stock Companies within the following time periods; report the findings of the audit to the head of a Si/Gun, etc. and the relevant association; and make such findings available to association members for public inspection, within 15 days from the date the audit is completed; provided, if the project implementer is a qualified developer, subparagraph 1 shall not apply: <Amended on Oct. 31, 2017; Jan. 5, 2021; Mar. 16, 2021>

1. Where the sum, of an amount paid or disbursed until transfer of relevant documents from the promoters' committee to the association under Article 34 (4) and of a final amount to be spent on a contract, etc. exceeds the amount prescribed by Presidential Decree: Within seven days before transfer from the promoters' committee to the project implementer;

2. Where the amount paid or disbursed until the date of public notice of a project implementation plan under Article 50 (9) exceeds the amount prescribed by Presidential Decree: Within 20 days from the date the authorization of the project implementation plan is publicly notified;

3. Where the amount paid or disbursed until the date of application for authorization for completion under Article 83 (1) exceeds the amount prescribed by Presidential Decree: Within seven days from the date of application for authorization for completion;

4. Where at least 1/5 of the owners of a plot of land or structure or of members of an association request the project implementer to conduct an audit: Within the reasonable period taking into consideration the procedures under paragraph (4).

(2) Upon receipt of a request under paragraph (1), the head of a Si/Gun, etc. shall immediately select an audit institution to conduct an audit. <Amended on Jan. 5, 2021>

(3) Where an audit institution is selected and contracted with pursuant to paragraph (2), the head of a Si/Gun, etc. shall supervise the selected audit institution to ensure fair auditing; and may order such audit institution to make necessary dispositions or take necessary measures.

(4) When a project implementer or a promoters' committee intends to request the head of a Si/Gun, etc. to select and contract with an audit institution pursuant to paragraph (1), it shall deposit an amount with the head of a Si/Gun, etc. equal to the expenses to be incurred for auditing. After the audit is completed, the head of a Si/Gun, etc. shall directly pay expenses incurred in auditing from the deposited amount; and shall return the remainder to the project implementer. <Amended on Jan. 5, 2021; Jul. 27, 2021>

Article 113(Supervision) #

(1) If it is found that an improvement project (including the affairs of liquidation of an association dissolved in accordance with Article 86-2; hereafter in this Article the same shall apply) is implemented in violation of this Act or an order issued or a disposition made under this Act or the relevant project implementation plan or management and disposal plan, the Minister of Land, Infrastructure and Transport may revoke, amend or suspend a disposition, suspend or alter construction works, recommend the replacement of an executive officer, or take other necessary measures regarding a Mayor/Do Governor, the head of the relevant Si/Gun/Gu, a promoters' committee, a resident representatives' meeting, a project implementer (including a liquidator; hereafter in this paragraph the same shall apply), or a management entity specialized in improvement projects; the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor to the head of a Si/Gun/Gu, a promoters' committee, a resident representatives' meeting, a project implementer or a management entity specialized in improvement projects; or the head of a Si/Gun/Gu to a promoters' committee, a resident representatives' meeting, a project implementer or a management entity specialized in improvement projects, to the extent necessary to ensure the improvement project is properly implemented. <Amended on Feb. 3, 2022; Dec. 26, 2023>

(2) To ensure improvement projects under this Act are efficiently implemented, the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor or the head of a Si/Gun/Gu may organize an inspection team comprised of relevant public officials and experts and may mediate in disputes, require project implementers to correct violations, report to an investigative agency, or take other necessary measures by conducting field inspections of improvement projects. In such cases, the heads of local governments, associations, etc. shall fully cooperate with an inspection team in its activities by providing the documents prescribed by Presidential Decree. <Amended on Dec. 26, 2023>

(3) Article 107 (2), (3), and (5) shall apply mutatis mutandis to field inspections of improvement projects under paragraph (2). <Amended on Aug. 20, 2019>

Article 113-3(Restrictions on participation of constructors or registered business entities in bidding processes) #

(1) The Mayor/Do Governor shall restrict a constructor or registered business entity falling under either subparagraph of Article 113-2 (1) from participating in bidding processes for improvement projects for a period prescribed by Presidential Decree not exceeding 2 years. <Amended on Jun. 10, 2022; Jan. 30, 2024>

(2) Where the Mayor/Do Governor intends to restrict a constructor or registered business entity from participating in bidding processes for improvement projects in accordance with paragraph (1), he or she shall disclose the projects subject to such restriction, the period of restriction, the reasons for restriction, and other details related to the restriction on participation in bidding processes, as prescribed by Presidential Decree, and shall notify such information to the head of the Si/Gun/Gu having jurisdiction over the relevant area or the relevant project implementer; provided, where the constructor or registered business entity whose participation in bidding processes is to be restricted has been subject to restriction on qualifications for participation in bidding processes, the Mayor/Do Governor shall notify the heads of Sis/Guns/Gus nationwide of the details regarding the restriction of participation in bidding processes, and the heads of Sis/Guns/Gus nationwide shall, upon receipt of such notification, shall notify the project implementer in his or her jurisdiction of such details again. <Amended on Jun. 10, 2022; Jan. 30, 2024>

(3) A project implementer notified of the details related to the restriction from participating in bidding processes in accordance with paragraph (2) shall restrict the constructor or registered business entity from participating in bidding processes. In such cases, no project implementer shall award any contract (including negotiated no-bid contracts) to a constructor or registered business entity subject to restriction on participation in bidding processes in accordance with the former part.

(4) Where a Mayor/Do Governor restricts participation in bidding processes for the improvement projects in accordance with paragraph (1), he or she shall register the details related to the restriction on participation in bidding processes in the improvement project management systems under Article 119 (1), as prescribed by Presidential Decree. <Added on Jan. 30, 2024>

(5) Notwithstanding paragraphs (1) through (3), the Mayor/Do Governor may replace restriction on participation in bidding processes under paragraph (1) by a penalty surcharge only once for any violation prescribed by Presidential Decree. In such cases, Article 113-2 (1) and (3) shall apply mutatis mutandis to the standards and procedures for the imposition of penalty surcharges, and matters necessary for the amount of penalty surcharges according to the type and degree of violation, etc. for which penalty surcharges are imposed shall be prescribed by Presidential Decree. <Added on Jan. 30, 2024>

[This Article Added on Jun. 12, 2018]

[Title Amended on Jun. 10, 2022]

Article 116(Organization of urban disputes mediation committee) #

(1) In order to mediate in disputes arising in connection with the implementation of an improvement project, an urban disputes mediation committee (hereinafter referred to as "mediation committee") shall be established in the Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter the same shall apply) in which an improvement zone is designated: Provided, a mediation committee may be established in a City/Do, if necessary to mediate in disputes involving the head of a Si/Gun, etc. as a party and arising in connection with the implementation of an improvement project.

(2) A mediation committee shall be comprised of not more than 10 members; and shall be chaired by a Vice-Mayor or Vice Governor or the deputy head of a Si/Gun/Gu.

(3) Members of a mediation committee shall be appointed or commissioned by the head of a Si/Gun, etc., from among the following persons with abundant knowledge and experience in improvement projects. At least two persons from each category of persons specified in subparagraphs 1, 3 and 4 shall be included in the mediation committee:

1. At least Grade V public officials in charge of duties related to improvement projects in the Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu;

2. Persons working as at least an associate professor or with an equivalent position in a university, college or research institute;

3. Persons who have worked as a judge, public prosecutor or attorney-at-law for at least five years;

4. Persons who have worked as an architect, appraiser or certified public accountant for at least five years;

5. Other persons prescribed by City/Do ordinance as having expertise in improvement projects.

(4) A mediation committee shall have subcommittee comprised of three members (hereinafter referred to as "subcommittee"); and at least one person from each category of persons specified in paragraphs (3) 1 and 3 shall be included in each subcommittee.

Article 117(Mediation by mediation committee) #

(1) A mediation committee shall examine and mediate in the following disputes regarding the implementation of an improvement project; provided, any subject matters of the examination by a committee established pursuant to the Housing Act, the Act on Acquisition of and Compensation for Land for Public Works Projects or any other relevant statute may be excluded from mediation:

1. A dispute on the appraised value in exercising the right to request sale;

2. A dispute on the method for allocating various sizes of multi-family housing units;

3. Other disputes prescribed by Presidential Decree.

(2) The head of a Si/Gun, etc. may convene a mediation committee meeting in either of the following cases; and the mediation committee shall complete mediation proceedings within 60 days from the date of receiving the relevant application for mediation (referring to the date the first mediation committee meeting is held in cases of subparagraph 2); provided, if it is deemed impracticable to complete mediation proceedings within the specified period for good cause, the period may be extended by up to 30 days by resolution of the mediation committee: <Amended on Aug. 9, 2017>

1. Where either party to a dispute applies for mediating in a dispute arising due to the implementation of an improvement project;

2. Where the head of a Si/Gun, etc. deems it necessary to convene a mediation committee for mediation.

(3) The chairperson of a mediation committee may authorize a subcommittee to conduct a preliminary examination prior to examination by the mediation committee; provided, if all members of such subcommittee unanimously agree that further examination by the mediation committee is unnecessary, the subcommittee may complete mediation proceedings without referring the dispute to the mediation committee for further examination.

(4) When a mediation committee or subcommittee completes mediation proceedings under paragraph (2) or (3), it shall prepare a proposed settlement agreement and shall present it to each party without delay. Upon receipt of the proposed settlement agreement, each party shall notify the mediation committee or subcommittee that it has accepted or rejected the proposed settlement agreement, within 15 days from the date it receives the proposed settlement agreement.

(5) If the parties accept the proposed settlement agreement, the mediation committee shall prepare a settlement agreement immediately and have the chairperson and each party sign and seal the agreement.

(6) When the parties sign and seal a settlement agreement to the effect that they accept compulsory execution under paragraph (5), the originals of the settlement agreement have the same effect as an enforceable executive title, notwithstanding Article 56 of the Civil Execution Act; provided, Article 44 (2) of the Civil Execution Act shall not apply to any objection to a claim.

(7) The organization and operation of a mediation committee, the apportionment of expenses, the extension of the mediation period and other necessary matters shall be prescribed by City/Do ordinance. <Amended on Aug. 9, 2017>

Article 118(Public assistance in improvement projects) #

(1) In order to enhance the transparency and efficiency of improvement projects, the head of a Si/Gun, etc. may render assistance in the course of implementing the improvement projects specified by City/Do ordinance (hereinafter referred to as "public assistance"); or may entrust public assistance to the Korea Land and Housing Corporation, a local government-invested public corporation, a trust business entity, the Korea Housing and Urban Guarantee Corporation established under the Housing and Urban Fund Act or any of the institutions prescribed by Presidential Decree pursuant to the proviso, with the exception of the subparagraphs, of Article 102 (1) of this Act.

(2) The head of a Si/Gun, etc. who renders public assistance in improvement projects under paragraph (1) or a person entrusted with such public assistance (hereinafter referred to as "entrusted assistant") shall perform the following activities:

1. Organizing a promoters' committee or a resident representatives' meeting;

2. Selecting a management entity specialized in improvement projects (an entrusted assistant's activity shall be limited to assistance for selection);

3. Methods, etc. for selecting a designer and a contractor;

4. Formulating measures for housing and relocating tenants under Article 52 (1) 4 (including measures for negotiations in response to refusal to relocation);

5. Formulating a management and disposal plan;

6. Other matters prescribed by City/Do ordinance.

(3) To help an entrusted assistant fairly perform his or her activities, the head of a Si/Gun, etc. may take necessary measures, such as submitting relevant documents and conducting investigations and on-site inspections. In such cases, the head of a Si/Gun, etc. shall be liable to third parties for an entrusted assistant's activities.

(4) Expenses incurred in rendering public assistance shall be borne by the head of a Si/Gun, etc., but the Special Metropolitan City Mayor or a Metropolitan City Mayor or a Do Governor may provide a subsidy for the head of a Si/Gun/Gu within his or her jurisdiction to partially cover such expenses, as prescribed by ordinance of the Special Metropolitan City, Metropolitan City or Do.

(5) Article 32 (2) shall not apply where a promoters' committee selects a management entity specialized in improvement projects, who has been selected by the head of a Si/Gun, etc. under paragraph (2) 2.

(6) Methods, procedures and guidelines for rendering public assistance and matters necessary for providing subsidies from the Urban and Residential Environment Improvement Fund under Article 126, the timing for selecting a contractor and other necessary matters shall be prescribed by City/Do ordinance.

(7) Notwithstanding paragraph (6), a contractor may be selected pursuant to Article 29 (4) with the consent of a majority of the owners of a plot of land or structure (referring to association members, if an association is established pursuant to Article 35) in either of the following cases; provided, the relevant constructor shall be deemed a contractor in cases falling under subparagraph 1: <Amended on Aug. 9, 2017>

1. Where an association that implements an improvement project jointly with a constructor in accordance with Article 25 concludes an agreement with the constructor;

2. Where a project agent implements an improvement project pursuant to Article 28 (1) or (2).

(8) Further details about terms and conditions of an agreement referred to in paragraph (7) 1 may be prescribed by City/Do ordinance.

Article 123(Change of methods for implementing redevelopment projects) #

(1) If the head of a Si/Gun, etc. deems it necessary to change the method for implementing a redevelopment project as prescribed in Article 23 (2), when he or she designates a project agent under Article 28 (1) or upon request by at least 4/5 of the owners of a plot of land or structure, he or she may approve the change of the implementation method for all or part of the improvement zone, within the limits prescribed by Presidential Decree, even before the improvement project is completed.

(2) When a project implementer intends to amend a management and disposal plan to change the implementation method under paragraph (1), it shall obtain consent of the landowners owning at least 2/3 of the area of land and consent of at least 4/5 of the owners of a plot of land or structure; but Article 74 (1) that provides for the amendment of a management and disposal plan shall apply mutatis mutandis to the procedures for amending such plan.

(3) When a project implementer intends to change the implementation method for part of an improvement zone under paragraph (1), such implementer shall obtain authorization for the completed section of a redevelopment project and give public notice of the completion of construction works for such section in the public gazette of the relevant local government under Article 83; and shall change the implementation method for the part subject to the intended change according to the procedure provided for in this Act.

(4) When the completion of construction works is publicly notified under paragraph (3), transfer of ownership shall be deemed made under Article 86 in accordance with the relevant management and disposal plan, notwithstanding Article 86 (3) of the Act on the Establishment, Management of Spatial Data.

(5) When a project implementer intends to change a residential environment improvement project for which an improvement plan has been formulated to the implementation method prescribed in Article 23 (1) 4, it shall obtain consent of at least 2/3 of the owners of a plot of land or structure.

Article 124(Disclosure of relevant documents) #

(1) The chairperson of a promoters' committee or a project implementer (referring to executive officers of an association, including the liquidator, for an association, or the representative of the owners of a plot of land or structure, for a redevelopment project solely implemented by the owners of a plot of land or structure) shall disclose the following documents concerning the implementation of the improvement project and relevant materials within 15 days after such documents are prepared or revised, via Internet and by any other means concurrently, to inform association members, the owners of a plot of land or structure or tenants of such documents and materials: <Amended on Jun. 10, 2022>

1. Operating rules of the promoters' committee under Article 34 (1), articles of associations, etc.;

2. Contracts for selecting service providers, such as a designer, contractor, demolisher, and management entity specialized in improvement projects;

3. Minutes of meeting of the promoters' committee, the residents' general meeting, or the general meeting, directors' meeting, representatives' meeting of the association;

4. The project implementation plan;

5. The management and disposal plan;

6. Official documents regarding the implementation of the improvement project;

7. The auditor's report;

8. Details of monthly receipts and payments of funds;

8-2. Borrowing funds reported pursuant to Article 111-2;

9. The report on settlement of accounts;

10. The progress of administration by the liquidator;

11. Other documents and relevant materials prescribed by Presidential Decree regarding the implementation of improvement projects.

(2) In cases of the documents and relevant materials to be disclosed under paragraph (1), association members or the owners of a plot of land or structure shall be quarterly notified, in writing, of a list of documents and materials to be disclosed, a summary of such documents and materials, the place of disclosure, the methods of inspection and copying, etc. in accordance with the methods and procedures prescribed by Presidential Decree.

(3) In disclosing documents and materials or making documents and materials available for inspection, copying, etc. under paragraphs (1) and (4), the chairperson of a promoters' committee or a project implementer shall disclose the documents and materials, except for resident registration numbers, in accordance with the methods and procedures prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(4) When an association member or the owner of a plot of land or structure requests inspection or copy of the documents under paragraph (1) and the documents and relevant materials regarding the implementation of the relevant improvement project, including the following, the chairperson of a promoters' committee or a project implementer shall make such documents and materials available in compliance with such request within 15 days:

1. A list of owners of a plot of land or structure;

2. A list of association members;

3. Other documents and relevant materials prescribed by Presidential Decree.

(5) Actual expenses incurred in copying documents and materials under paragraph (4) shall be borne by the applicant. Methods and time for paying the expenses, and the amount of the expenses and other necessary matters shall be prescribed by City/Do ordinance.

(6) No person who requested to inspect or copy documents and materials under paragraph (4) shall use the documents and materials so provided, for any purposes other than proper purposes.

Article 126(Establishment of urban and residential environment improvement fund) #

(1) The Special Metropolitan City Mayor and each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, and Special Self-Governing Province Governor, who formulates or approves a master plan under Article 4 or 7, shall establish an Urban and Residential Environment Improvement Fund (hereinafter referred to as the "Improvement Fund") to efficiently implement improvement projects; provided, the head of a Si/Gun, not required to formulate a master plan, may also establish the Improvement Fund, if necessary.

(2) The Improvement Fund shall consist of the following financial resources: <Amended on Jun. 12, 2018; Apr. 13, 2021>

1. Cash payments made by project implementers under Article 17 (4);

2. Security deposits and rents for housing units supplied to a Mayor/Do Governor or the head of a Si/Gun/Gu under Articles 55 (1), 101-5 (2), and 101-6 (2);

3. Part of an amount allocated to the local government, out of the charges collected under Article 94 and the development charges collected from improvement projects under the Restitution of Development Gains Act;

4. An amount equal to at least the percent prescribed by Presidential Decree of the sale price for State or public land in an improvement zone under Article 98 (excluding a reconstruction zone);

4-2. A penalty surcharge under Article 113-2;

5. An amount allocated to the local government under Article 4 (3) or (4) of the Restitution of Excess Rebuilding Gains Act, out of the redevelopment charges collected under that Act;

6. An amount equal to at least the percent prescribed by Presidential Decree of local consumption tax imposed and collected under Article 69 of the Local Tax Act or property tax imposed and collected under Article 112 (excluding paragraph (1) 1 of that Article) of that Act;

7. Other financial resources specified by City/Do ordinance.

(3) The Improvement Fund shall not be used for any purpose other than the following: <Amended on Aug. 9, 2017; Dec. 3, 2024>

1. The following purposes for implementing improvement projects under this Act:

(a) Formulating a master plan;

(b) Conducting reconstruction diagnoses and formulating improvement plans;

(d) Other purposes specified by this Act and City/Do ordinance;

2. Constructing and managing rental housing;

3. Assisting tenants for stabilizing their dwelling;

4. Imposing and collecting rebuilding charges under the Restitution of Excess Rebuilding Gains Act;

5. Subsidizing the improvement of houses;

6. Subsidizing the construction of fundamental infrastructure in the canceled improvement zone, etc.;

7. Subsidizing projects for improving unoccupied houses and small housing units under Article 44 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;

8. Subsidizing safety inspections for expansion remodeling under Article 68 of the Housing Act;

9. Paying rewards for reporting under Article 142.

(4) The management and operation of the Improvement Fund, the percent at which the amount allocated to a local government out of development charges shall be set aside for the Improvement Fund and other necessary matters shall be prescribed by City/Do ordinance.

Article 136(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won: <Amended on Aug. 9, 2017; Apr. 23, 2019; Feb. 3, 2022; Dec. 26, 2023; Dec. 3, 2024>

1. The chairperson of a promoters' committee, the special administrator of an association, or an executive officer of an association (referring to the liquidator of an association or the representative of the owners of a plot of land or structure in cases of a redevelopment project implemented by the owners of a plot of land or structure or the representative of a qualified developer, if a qualified developer is the project implementer), who enters into a contract, in violation of the contracting method provided for in Article 29 (1);

2. A person who selects a contractor and a person selected as a contractor, in violation of any provision of Article 29 (4) through (7) and (10);

2-2. A person who enters into a contract on construction works with a contractor, in violation of Article 29 (11);

3. A person who selects a management entity specialized in improvement projects, without approval of a promoters' committee by the head of a Si/Gun, etc. under Article 31 (1);

4. The chairperson of a promoters' committee (including the special administrator of an association) who selects a management entity specialized in improvement projects, in violation of the contracting method provided for in Article 32 (2);

5. A person who sells or purchases a written consent form or digital signature consent form submitted by the owner of a plot of land or structure under Article 36;

6. A person who becomes a member of an association or the head of a plot of land or structure or an executive officer or employee of an association (including the special administrator of an association), who aids and abets a person to become a member of an association, by fraud or other improper means, in violation of Article 39 (2);

7. A person who conceals the transfer or acquisition of a structure or a plot of land with intent to transfer or be supplied with a housing unit sold under Article 72 by circumventing Article 39 (2);

8. A person who resells a house or intermediates the resale of a house, in violation of the proviso of Article 76 (1) 7 (d).

Article 137(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won: <Amended on Jun. 9, 2020; Dec. 3, 2024>

1. A person who prepares a false report on findings of a reconstruction diagnosis conducted under Article 12 (5);

2. A person who fails to obtain permission or permission for change or engages in an activity with permission or permission for change obtained by fraud or other wrongful means, in violation of Article 19 (1);

3. A person who engages in any of the activities specified in Article 32 (1) or organizes and operates a resident representatives' meeting, without the approval from a promoters' committee or a resident representatives' meeting, in violation of Article 31 (1) or 47 (3);

4. A person who organizes a promoters' committee or a resident representatives' meeting, without due authority, although a promoters' committee or a resident representatives' meeting organized with approval under Article 31 (1) or 47 (3) exists;

5. A person who continues to operate a promoters' committee, although the relevant association has already been established pursuant to Article 35;

6. An executive officer (including the special administrator of an association) of an association, who engages in an activity specified in paragraph (1) (excluding the matters stipulated by articles of association under subparagraph 13 of that paragraph), without due authority and without resolution by the general meeting under Article 45;

7. A person who implements an improvement project, without authorization of the project implementation plan under Article 50, and a person who builds a structure in violation of such project implementation plan;

8. A person who transfers ownership under Article 86, without authorization of the management and disposal plan under Article 74;

9. A person entrusted with an improvement project under this Act without being registered, in violation of Article 102 (1), or a person registered as a management entity specialized in improvement projects by fraud or other wrongful means;

10. A person who continues business operations, despite being de-registered under the proviso, with the exception of the subparagraphs, of Article 106 (1);

11. A promoters' committee, a project implementer, a resident representatives' meeting or a management entity specialized in improvement projects, who fails to comply with an order to revoke, modify, or suspend a disposition or suspending or altering construction works under Article 113 (1) through (3);

12. The chairperson of a promoters' committee or an executive officer of an association (or the representative of the owners of a plot of land or structure, in the case of a redevelopment project implemented by the owners of a plot of land or structure), who presents any false document or material in disclosing documents and relevant materials under Article 124 (1);

13. The chairperson of a promoters' committee or an executive officer of an association (or the representative of the owners of a plot of land or structure, in the case of a redevelopment project implemented by the owners of a plot of land or structure), who makes available materials containing false information for inspection and copying, upon request for inspection and copying under Article 124 (4).

Article 138(Penalty provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jun. 12, 2018; Jun. 9, 2020; Jan. 5, 2021>

1. A person who solicits another person to join a local-based housing association, under subparagraph 11 (a) of Article 2 of the Housing Act, in violation of Article 19 (8);

2. The chairperson of a promoters' committee (including the special administrator of an association) who fails to transfer books of accounts and relevant documents of the promoters' committee to the relevant association, in violation of Article 34 (4);

3. A person who uses a structure, etc., without authorization for completion under Article 83 (1), and a person who uses a structure, without permission for use by the head of a Si/Gun, etc. under the main sentence of Article 83 (5);

4. A management entity specialized in improvement projects that allows another person to engage in any business activity specified by this Act in its name or trade name or lends its certificate of registration to another person;

5. A management entity specialized in improvement projects that lets another service provider or its employee engage in any activity under Article 102 (1);

6. A promoter, the special administer of an association, or an association executive officer who has not requested for an audit under Article 112 (1) (in the case of a redevelopment project implemented by the owner of a plot of land or structure or an improvement project implemented by a qualified developer under Article 27, referring to the representative of said project);

7. The chairperson of a promoters' committee, the special administrator of an association or any executive officer of an association (referring to the liquidator of an association; the representative of the owners of a plot of land or structure in cases of a redevelopment project implemented by the owners of a plot of land or structure; or the representative of a qualified developer, if a qualified developer under Article 27 is the project implementer), who fails to disclosure documents and materials related to the implementation of an improvement project via Internet and by any other means concurrently, in violation of Article 124 (1), or who does comply with a request of an association member or the owner of a plot of land or structure to make such documents and materials available for inspection and copying, in violation of Article 124 (4);

8. The chairperson of a promoters' committee, the special administrator of an association or any executive officer of an association (referring to the liquidator of an association; the representative of the owners of a plot of land or structure in cases of a redevelopment project implemented by the owners of a plot of land or structure; or the representative of a qualified developer, if a qualified developer under Article 27 is the project implementer), who fails to make stenographic records, etc. or retain relevant materials until liquidation, in violation of Article 125 (1).

(2) If a constructor or registered business entity fails to take measures under Article 132-2 and consequently any executive officer or employee of a service provider violates any subparagraph of Article 132 (1), the constructor or registered business entity shall be punished by a fine not exceeding 50 million won. <Added on Jun. 12, 2018; Jun. 10, 2022>

ACT ON THE IMPROVEMENT OF URBAN AREAS AND RESIDENTIAL ENVIRONMENTS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Basic policy for improving urban and residential environments) #

Article 4(Formulation of master plans to improve urban and residential environments) #

Article 5(Contents of master plans) #

Article 6(Gathering residents' opinions for formulating master plans) #

Article 7(Final determination and public notice of master plans) #

Article 8(Designation of improvement zones) #

Article 9(Details of improvement plans) #

Article 10(Construction ratio of rental housing and other housing by size) #

Article 11(Relaxation of floor area ratios in formulating master plans or improvement plans) #

Article 12(Reconstruction diagnoses for reconstruction projects) #

Article 13(Assessment of validity of findings from reconstruction diagnoses) #

Article 13-2(Requests for formulating improvement plans for designating improvement zones) #

Article 14(Proposals to formulate improvement plans) #

Article 15(Gathering residents' opinions for formulating improvement plans) #

Article 16(Determination of improvement plans and designation and public notice of improvement zones) #

Article 17(Effects of designation and public notice of improvement zones) #

Article 18(Subdivision, consolidation, and combination of improvement zones) #

Article 19(Restrictions on activities) #

Article 20(Cancellation of improvement zones) #

Article 21(Ex officio cancellation of improvement zones) #

Article 21-2(Requests for designation of urban regeneration leading areas) #

Article 22(Effect of cancellation of improvement zones) #

Article 23(Methods for implementing improvement projects) #

Article 24(Implementers of residential environment improvement projects) #

Article 25(Implementers of redevelopment or reconstruction projects) #

Article 26(Public implementers of redevelopment or reconstruction projects) #

Article 27(Qualified developers of redevelopment or reconstruction projects) #

Article 28(Project agents for redevelopment or reconstruction projects) #

Article 29(Contracting methods and selection of contractors) #

Article 29-2(Requests for verification of construction costs) #

Article 30(Selection of rental business entities) #

Article 31(Organization and approval of committees for promoting establishment of associations) #

Article 32(Business activities of promoters' committees) #

Article 33(Composition of promoters' committees) #

Article 34(Operation of promoters' committees) #

Article 35(Authorization to establish associations) #

Article 36(Method of obtaining consent from owners of plots of land or structures) #

Article 36-2(Special cases concerning calculation of number of consenting owners of plots of land or structures in redevelopment projects implemented by owners of plots of land or structures) #

Article 36-3(Special Cases concerning recognition of consent from owners of plots of land or structures) #

Article 37(Special cases concerning reuse of consent forms of owners of plots of land or structures) #

Article 38(Legal personality of associations) #

Article 39(Eligibility requirements for association members) #

Article 40(Mandatory provisions of articles of association) #

Article 41(Executive officers of associations) #

Article 42(Duties of executive officers of association) #

Article 43(Disqualifications for, and removal of, executive officers of associations) #

Article 43-2(Separate sentence of fine) #

Article 44(Convocation of general meetings) #

Article 44-2(Online general meetings) #

Article 45(Resolutions at general meetings) #

Article 46(Representatives’ meetings) #

Article 47(Resident representatives' meetings) #

Article 48(Plenary meetings of owners of plots of land or structures) #

Article 49(Application mutatis mutandis of the Civil Act) #

Article 50(Authorization of project implementation plans) #

Article 50-2(Integrated deliberation on project implementation plans) #

Article 50-3(Special cases concerning deliberation on amendments to improvement plans and authorization for implementation of projects) #

Article 51(Guidelines for donation of infrastructure) #

Article 52(Formulation of project implementation plans) #

Article 53(Formulation of implementation rules) #

Article 54(Relaxation of floor area ratios for reconstruction projects and construction ratios of housing units of national standard housing size) #

Article 55(Supply and transfer of housing units of national standard housing size) #

Article 56(Public inspection of related documents and gathering of opinions) #

Article 57(Deemed authorization or permission) #

Article 58(Special provisions concerning approval of project implementation plans) #

Article 59(Improvement projects by circulative method) #

Article 60(Deposit of improvement project cost by qualified developers) #

Article 61(Installation of temporary dwelling facilities and temporary commercial facilities) #

Article 62(Compensation for loss incurred by installing temporary dwelling facilities or temporary commercial facilities) #

Article 63(Expropriation or use of land) #

Article 64(Request for sale to implement reconstruction projects) #

Article 65(Application mutatis mutandis of the Act on Acquisition of and Compensation for Land for Public Works Projects) #

Article 66(Special provisions concerning floor area ratio) #

Article 67(Special provisions concerning scope of reconstruction projects) #

Article 68(Special provisions concerning relaxation of building regulations) #

Article 69(Application or waiver of other statutes or regulations) #

Article 70(Termination of contracts on surface rights) #