SPECIAL ACT ON PUBLIC HOUSING

영문법령 불러오는 중…

SPECIAL ACT ON PUBLIC HOUSING — 법갈피

Article 3(Plans for supply and management of public housing) #

(1) The Minister of Land, Infrastructure and Transport and 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") shall each include matters concerning the supply of public housing in a comprehensive housing plan under Article 5 of the Framework Act on Residence or a City/Do comprehensive housing plan under Article 6 of that Act, in formulating such plan. <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015; Nov. 15, 2022>

(2) For the purposes of smooth construction, purchase, management, etc. of public housing, the Minister of Land, Infrastructure and Transport shall formulate a plan for the supply and management of public housing every five years, which is in line with a 10-year comprehensive housing plan prescribed in Article 5 of the Framework Act on Residence. In such cases, the plan for the supply and management of public housing shall include the following: <Amended on Aug. 28, 2015; Oct. 24, 2017>

1. Matters concerning the supply of public housing by area and by demand group;

2. Matters concerning the operation and management of public housing inventory (including matters concerning improving facilities in order to prevent the deterioration of long-term public rental housing units under subparagraph 1 of Article 2 of the Act on the Support for Improving the Quality of Lives of occupants in Long-Term Public Rental Housing);

3. Expenses required for the supply, management, etc. of public housing, and matters concerning the securing of finances therefor;

4. Other matters that the Minister of Land, Infrastructure and Transport deems necessary for the supply and management of public housing.

(3) In formulating a plan for the supply and management of public housing pursuant to paragraph (2), the types of public housing units and the demand for moving-in by area shall be surveyed. <Amended on Aug. 28, 2015>

(4) Where the Minister of Land, Infrastructure and Transport intends to formulate a plan for the supply and management of public housing, he or she shall request the heads of related central administrative agencies and the heads of related local governments to submit their plans concerning the policies and projects under each jurisdiction that must be reflected in such plan for the supply and management of public housing. In such cases, the heads of central administrative agencies and the heads of local governments shall comply therewith unless there is a compelling reason not to do so. <Amended on Aug. 28, 2015>

(5) The Minister of Land, Infrastructure and Transport shall prepare a plan for the supply and management of public housing based on the plans under each jurisdiction received pursuant to paragraph (4), shall consult thereon with the heads of related central administrative agencies and the heads of related local governments; and shall finalize such plan following deliberation by the Housing Policy Deliberative Commission prescribed in Article 8 of the Framework Act on Residence. In such cases, the Minister of Land, Infrastructure and Transport shall notify the finalized plan for the supply and management of public housing, without delay, to the heads of related central administrative agencies and the heads of related local governments. <Added on Aug. 28, 2015>

(6) The head of a local government may formulate a plan for the supply and management of public housing in his or her jurisdictional area in accordance with the plan for the supply and management of public housing referred to in paragraph (2). <Added on Aug. 28, 2015>

(7) In order to ascertain the status of the supply and management of public housing, the Minister of Land, Infrastructure and Transport may assess the level of the supply and management of public housing by each local government. <Added on Aug. 28, 2015>

(8) The Minister of Land, Infrastructure and Transport shall reflect the results of the assessment conducted under paragraph (7) in a plan for the supply and management of public housing, and may reflect them in formulating other related plans or in establishing the criteria for supporting or selecting related projects. <Added on Aug. 28, 2015>

(9) The Minister of Land, Infrastructure and Transport may separately determine the assessment methods, standards for reflecting assessment results, etc., referred to in paragraphs (7) and (8). <Added on Aug. 28, 2015>

[Title Amended on Aug. 28, 2015]

Article 3-2(Funding for public housing and tax support) #

(1) The State and each local government shall endeavor to reflect funds required for constructing, purchasing, leasing public housing in their budget for expenditure each year.

(2) In order to stabilize the dwelling of groups in need of housing assistance, such as youth groups, persons with disabilities, aged persons, newlyweds, and low-income households (hereinafter referred to as "groups in need of housing assistance"), the State or a local government may reduce or exempt national or local taxes related to constructing, acquiring, or managing public housing, as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation statute, or any other tax-related Act or municipal ordinance. <Amended on Dec. 31, 2018>

(3) The Minister of Land, Infrastructure and Transport shall allocate funding from the Housing and Urban Fund preferentially to constructing, purchasing, or leasing public housing.

(4) Where a person who intends to execute a development project under any other statutes or regulations plans rental housing, he or she shall preferentially consider the public rental housing; and where the type of rental housing has not been determined as at the time the site for construction of rental housing is supplied, the site shall be provided preferentially to a public housing project operator prescribed in Article 4, who intends to supply public rental housing, in the manner prescribed by Presidential Decree.

(5) When the State, a local government, or a public corporation or quasi-governmental institution under Article 5(3) of the Act on the Management of Public Institutions sells or leases any land in its possession, it may sell or lease it preferentially to a public housing project operator who intends to construct public rental housing, notwithstanding Article 30(1) of the Housing Act and Article 18 of the Special Act on Private Rental Housing. <Amended on Jan. 19, 2016>

[This Article Added on Aug. 28, 2015]

Article 4(Public housing project operators) #

(1) The Minister of Land, Infrastructure and Transport shall designate a public housing project operator from among the following: <Amended on Apr. 5, 2010; Jan. 17, 2012; Mar. 23, 2013; Jan. 14, 2014; Jan. 20, 2015; Aug. 28, 2015; Jul. 20, 2021>

1. The State or a local government;

2. The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act;

3. A local government-invested public corporation, established for housing projects pursuant to Article 49 of the Local Public Enterprises Act;

4. An institution prescribed by Presidential Decree from among the public institutions referred to in Article 5 of the Act on the Management of Public Institutions;

5. A corporation established by any entity referred to in subparagraphs 1 through 4 by investing more than 50/100 of the total equity;

6. A real estate investment company established by the Housing and Urban Fund or a person who falls under any of subparagraphs 1 through 4, in accordance with the Real Estate Investment Company Act, by investing (including joint investment) the total equity (including where such person owns over 50/100 of the equity, in cases of an urban public housing complex project).

(2) The Minister of Land, Infrastructure and Transport may designate a person falling under any of paragraph (1)1 through 4, and a housing builder under Article 4 of the Housing Act, as joint public housing project operators. <Amended on Jan. 20, 2015; Aug. 28, 2015; Jan. 19, 2016>

(3) Such matters as the methods and procedures for selecting a public housing project operator, agreements on joint implementation, etc. under paragraphs (1) 5 and (2) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Added on Jan. 14, 2014; Aug. 28, 2015>

(4) If necessary for efficiently implementing public housing projects, a public housing project operator may require a housing construction project operator under Article 4 of the Housing Act to implement part of the public housing project, such as design and construction, on his or her behalf, as prescribed by Presidential Decree. In such cases, a public housing business operator may supply land in return for vicarious implementation. <Added on Jan. 31, 2025>

[Title Amended on Aug. 28, 2015]

[The amended provisions of Article 4(1)6 of the Act (Act No. 18311, Jul. 20, 2021) shall be effective until December 11, 2026 under the provisions of Article 2 of the Addenda to that Act]

Article 6(Designation of public housing zones) #

(1) The Minister of Land, Infrastructure and Transport may designate an area required for the advancement of a project for developing a public housing zone (hereinafter referred to as "housing zone development project") as a public housing zone (hereinafter referred to as "housing zone") or may alter or cancel the designation of a housing zone. <Amended on Mar. 23, 2013; Jan. 14, 2014>

(2) Any public housing project operator under Article 4 may propose that the Minister of Land, Infrastructure and Transport designate a housing zone, or alter or cancel the designation of a housing zone in any of the following cases: <Amended on Mar. 23, 2013; Jan. 14, 2014; Jan. 20, 2015; Aug. 28, 2015; Apr. 30, 2019>

1. Where the boundary line of a housing zone dissects a parcel of land;

2. Where the land or buildings outside a housing zone are restricted from entry or their utility value declines due to the designation of a housing zone;

3. Where the cost incurred in installing infrastructure decreases due to alteration of a housing zone;

3-2. Where the need to continuously promote a public housing project no longer exists or where it is clearly impractical to promote it due to changes in circumstances;

4. Other cases where it is necessary for the rational use of land.

(3) The Minister of Land, Infrastructure and Transport shall, whenever he or she intends to designate a housing zone or alter the designation of a housing zone, bring the case to the central urban planning commission under Article 106 of the National Land Planning and Utilization Act for deliberation, and Article 8 or 9 of that Act shall not apply in such cases; provided, the same shall not apply to any modification to insignificant matters specified by Presidential Decree. <Amended on Mar. 23, 2013>

(4) When a case is submitted to the commission for deliberation under paragraph (3), the central urban planning commission shall complete deliberation within 60 days; it shall be deemed that deliberation has been completed if it fails to complete deliberation within the aforesaid period.

(5) Where the Minister of Land, Infrastructure and Transport intends to designate a housing zone or to alter or cancel its designation pursuant to paragraph (1), or a public housing project operator intends to propose the designation of a housing zone or the alteration or cancellation of its designation pursuant to paragraph (2), the Minister or the public housing project operator shall comprehensively examine housing demand in the relevant area, the local conditions, etc. In such cases, the Minister or the public housing project operator may pre-consult with the heads of related central administrative agencies, the head of the competent local government, local government-invested public corporations, or any other relevant agencies on the designation of the housing zone or the alteration or cancellation of such designation, or on the proposal therefor. <Added on Apr. 30, 2019>

(6) Matters necessary for proposals for the designation or the alteration or cancellation thereof under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Apr. 30, 2019>

[Title Amended on Jan. 14, 2014]

Article 6-2(Designation of special management areas) #

(1) When canceling the designation of a housing zone pursuant to Article 6(1), the Minister of Land, Infrastructure and Transport may designate an area, which is not smaller than the size prescribed by Ministerial Decree of the Land, Infrastructure and Transport and is likely to be developed haphazardly unless it is managed under a systematic plan, as a special management area for a period of up to 10 years.

(2) Where the Minister of Land, Infrastructure and Transport intends to designate a special management area, he or she shall formulate a management plan for a special management area including the following matters (hereafter in this Article, referred to as "management plan"). In such cases, a public housing project operator of the former housing zone referred to in Article 4 (hereinafter referred to as "former project operator") may propose to formulate a management plan: <Amended on Aug. 28, 2015>

1. Matters concerning basic direction-setting for managing the special management area;

2. Matters concerning a plan for accommodating population and housing;

3. Matters concerning rearranging settlements, such as urban development projects under the Urban Development Act;

4. Matters concerning canceling designation and managing a development restriction zone maintained in accordance with a plan for restoring a damaged area under Article 4(4) of the Act on Special Measures for Designation and Management of Development Restriction Zones;

5. Other matters that the Minister of Land, Infrastructure and Transport deems necessary for the management.

(3) If the Minister of Land, Infrastructure and Transport intends to cancel the designation of a development restriction zone maintained pursuant to paragraph (2)4, among the matters specified in a management plan, he or she shall refer the issue to the Central Urban Planning Commission established under Article 106 of the National Land Planning and Utilization Act for deliberation.

(4) Upon formulating a management plan, the Minister of Land, Infrastructure and Transport shall send related documents to the relevant Mayor/Do Governor and the head of the relevant Si/Gun/Gu; and the head of the Si/Gun/Gu, in receipt of the related documents, shall publicly announce them to make them available to the general public for inspection. In such cases, the head of the relevant local government shall modify an urban or Gun master plan in accordance with Article 18 of the National Land Planning and Utilization Act by reflecting the management plan.

(5) When a management plan, which provides for canceling the designation of a development restriction zone maintained pursuant to paragraph (2)4, is formulated and publicly announced, it shall be deemed that a decision to adopt an urban or Gun management plan (referring to the urban or Gun management plan defined in subparagraph 4 of Article 2 of the Act on Special Measures for Designation and Management of Development Restriction Zones; hereinafter the same shall apply) is made to cancel the designation of the relevant development restriction zone pursuant to Articles 3 through 8 of the National Land Planning and Utilization Act. In such cases, a plan for restoring a damaged area under Article 4(4) of the Act on Special Measures for Designation and Management of Development Restriction Zones and the charges for preserving development restriction zones under Article 21(1) of that Act shall not apply.

[This Article Added on Jan. 20, 2015]

Article 6-3(Management of special management areas) #

(1) Constructing buildings and changing their uses; installing buildings; changing the form and quality of land; felling bamboo and trees; subdividing land; and stockpiling articles shall be prohibited within a special management zone; provided, only such activities prescribed by Presidential Decree may be conducted upon permission from the head of the competent Si/Gun/Gu, within the range that conforms to the purport of the special management area; the same shall also apply to the modification of the permitted matters.

(2) Article 11(2) through (6) shall apply mutatis mutandis to matters concerning the restrictions on activities other than those prescribed in paragraph (1). In such cases, "housing zone" shall be construed as "special management area".

(3) Notwithstanding paragraph (1), the Minister of Land, Infrastructure and Transport, the head of a related central administrative agency, or the head of a local government (hereafter in this Article and Article 6-4, referred to as the "head of the relevant agency") may make or grant designation, approval, permission, authorization, etc. (hereafter in this Article and Article 6-4, referred to as "designation, etc.") for any development project prescribed by Presidential Decree within a special management area.

(4) In making designation, etc. pursuant to paragraph (3), the head of the relevant agency shall have prior a consultation with the Minister of Land, Infrastructure and Transport.

(5) Where a special management area is designated, the State or a local government may provide administrative and financial support for the following. In such cases, the Minister of Land, Infrastructure and Transport may require the former project operator referred to in Article 4 to be responsible for all or some of the support specified below: <Amended on Aug. 28, 2015>

1. Formulating, etc. a plan for rearrangement of settlements;

2. Promptly executing infrastructure projects, the promotion of which has been suspended due to the designation of a housing zone;

3. Canceling the designation of a development restriction zone maintained pursuant to Article 6-2(5);

4. Developing industrial sites for programmatic relocation, maintenance and development of factories, manufacturing companies, etc. (including facilities related to animals and plants which are used by factories, manufacturing companies, etc. as at the time the special management area is designated) within the special management area and the former housing zones;

5. Other projects promoted by a local government to improve residential environment for settlements (limited to settlements for which no plan for rearrangement under subparagraph 1 is formulated).

(6) Where a former project operator implements a rearrangement project for a settlement district through an urban development project using the replotting method referred to in the Urban Development Act in accordance with a plan under paragraph (5)1, a person designating an urban development zone pursuant to Article 3 of that Act shall, if requested by the head of the relevant local government, obtain consent from the landowners who own land equivalent to at least 1/2 of the whole land located in the area to which the replotting method applies and consent from at least 1/2 of all landowners in such area, notwithstanding Article 4(4) of that Act. In such cases, the methods for calculating the number of consenting persons and consenting procedures shall be governed by the Urban Development Act. <Added on Aug. 9, 2017>

(7) Notwithstanding Article 7 of the Seoul Metropolitan Area Readjustment Planning Act, the head of the relevant agency may designate an industrial area within a special management area following deliberation by the Seoul Metropolitan Area Readjustment Commission under Article 21 of that Act to develop industrial sites under paragraph (5)4. <Amended on Aug. 9, 2017>

(8) A Mayor/Do Governor and the head of a Si/Gun/Gu may establish and operate a support center for special management areas (hereinafter referred to as "support center") to support the management and programmatic development of special management areas. In such cases, matters necessary for organizing, operating, etc. a support center shall be prescribed by ordinance of the relevant local government. <Amended on Aug. 9, 2017>

[This Article Added on Jan. 20, 2015]

Article 7(Designation of medium and small size housing zones within residential areas) #

(1) When the Minister of Land, Infrastructure and Transport designates a housing area of a size equal to, or smaller than, the size prescribed by Presidential Decree within a residential area defined in Article 36(1)1a of the National Land Planning and Utilization Act (hereinafter referred to as "residential area") or alters the designation of such housing zone, he or she need not submit the case to the central urban planning commission for deliberation under Article 6(3). <Amended on Mar. 23, 2013; Aug. 28, 2015>

(2) When making a proposal to designate a housing zone or to alter the designation of a housing zone pursuant to paragraph (1), a public housing project operator shall include the matters prescribed by Presidential Decree, such as a land use plan, in the proposal. <Amended on Aug. 28, 2015>

(3) Where the Minister of Land, Infrastructure and Transport designates a housing zone not exceeding the size prescribed by Presidential Decree or alters such designation, he or she may simultaneously approve a housing zone development plan pursuant to Article 17. In such cases, when a public housing project operator proposes to designate a housing zone pursuant to Article 6(2) or alter such designation, he or she may include an application for approval of a housing zone development plan under Article 16 in the proposal. <Added on Aug. 28, 2015; Oct. 24, 2023>

(4) Where the Integrated Commission for Deliberation on Public Housing Projects has deliberated under Article 33 for designating a housing zone under paragraph (3) in an urban area prescribed by Presidential Decree or altering such designation (limited to cases of designating or altering the designation of housing zones not exceeding the size prescribed by Presidential Decree), the deliberation thereon by the central urban planning commission under Article 6(3) may be omitted. <Added on Aug. 28, 2015; Oct. 24, 2023>

(5) Articles 8, 9, and 59 of the National Land Planning and Utilization Act shall not apply to any housing zone designated pursuant to paragraph (1) or (3). <Amended on Aug. 28, 2015>

[Title Amended on Aug. 28, 2015; Aug. 24, 2023]

Article 7-2(Rearrangement of neighboring areas of housing zones) #

(1) When the head of the competent local government designates a small-scale housing zone or alters such designation pursuant to Article 7, or approves a plan for a public housing construction project, or alters such approval thereof pursuant to Article 35, he or she may formulate and propose a plan for the rearrangement of its neighboring areas, including rearrangement of roads and installation of convenience facilities, to improve the residential environment for the areas neighboring the housing zone. In such cases, a public housing project operator may assist the competent local government in formulating such plan. <Amended on Oct. 24, 2017>

(2) The Minister of Land, Infrastructure and Transport may preferentially designate a residential zone proposed together with a plan for rearrangement of its neighboring areas or preferentially approve a plan for a public housing construction project pursuant to paragraph (1). In such cases, the Minister of Land, Infrastructure and Transport shall have a prior consultation with the head of a related central administrative agency and the head of a local government responsible for the projects included in the plan for the rearrangement of neighboring areas. <Amended on Oct. 24, 2017>

(3) When a residential zone is designated or a plan for a public housing construction project is approved pursuant to paragraph (2), the head of a related central administrative agency and the head of a local government responsible for the projects included in the plan for the rearrangement of neighboring areas formulated under paragraph (1) shall preferentially reflect the projects referred to in paragraph (1) when formulating plans for related projects or select projects eligible for support or promotion. <Amended on Oct. 24, 2017>

(4) Necessary matters under paragraphs (1) through (3), such as the methods for formulating a plan for the rearrangement of neighboring areas, shall be determined by the Minister of Land, Infrastructure and Transport.

[This Article Added on Aug. 28, 2015]

Article 8(Consultations with relevant agencies for designation of housing zones) #

(1) When the Minister of Land, Infrastructure and Transport intends to designate a housing zone or alter such designation, he or she shall consult with the heads of competent central administrative agencies, such as the Minister of National Defense and the Minister of Agriculture, Food and Rural Affairs, and the competent Mayor/Do Governor with regard to the bill for the designation of a housing zone or for the alteration of such designation, including matters specified by Presidential Decree, such as the overview of the zone, the purposes of designation, and a plan for accommodating population, before gathering consensus from residents and others pursuant to Article 10(1); provided, the same shall not apply to any modification to insignificant matters specified by Presidential Decree. <Amended on Mar. 23, 2013; Apr. 30, 2019>

(2) No period for consultations under paragraph (1) shall exceed 20 days, but such period may be extended on only one occasion, by up to 10 days, if the head of a competent central administrative agency or the competent Mayor/Do Governor makes a request to do so or the Minister of Land, Infrastructure and Transport deems it necessary to do so; provided, consultations shall be deemed held if such consultations are not completed within a period set for consultations. <Amended on Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport shall formulate a plan for taking measures reflecting the details of consultations with the heads of related central administrative agencies and the competent Mayor/Do Governor pursuant to paragraph (1), and shall faithfully implement such plan. <Added on May 18, 2021>

(4) Where the Minister of Land, Infrastructure and Transport holds a consultation pursuant to paragraph (1), he or she shall do so separately. In such cases, a period for such consultations shall not exceed 30 days:<Amended on Jul. 21, 2011; Mar. 23, 2013; Oct. 24, 2017; May 18, 2021>

1. Consultations on strategic environmental impact assessment under Article 16 of the Environmental Impact Assessment Act (consultations about impacts on natural scenic view under Article 28 of the Natural Environment Conservation Act are included herein, and collecting opinions under Article 13 of the Environmental Impact Assessment Act may be omitted for the purposes of security management pursuant to Article 9);

2. Consultations on disaster impact assessment, etc. under the Countermeasures against Natural Disasters Act.

(5) If an area that the Minister of Land, Infrastructure and Transport intends to designate as a housing zone is at least equal to the area prescribed by Presidential Decree, and if it is deemed necessary to submit such issue to the State Council for deliberation to stabilize citizens' dwelling conditions and to improve their residential standards, the Minister may submit the issue to the State Council for deliberation, subject to consultations under paragraph (1) to determine whether to designate the area as a housing zone after deliberation by the Council. <Amended on Mar. 23, 2013; Apr. 30, 2019; May 18, 2021>

[Title Amended on Apr. 30, 2019]

Article 9(Measures for prevention of speculation in real estate and security management) #

(1) The Minister of Land, Infrastructure and Transport, a public housing project operator who has proposed or intends to propose the designation of a housing zone pursuant to Article 6(2), the heads of related central administrative agencies that are relevant agencies for consultations, and the competent Mayor/Do Governor shall take measures necessary for preventing any related information from being divulged in the course of conducting surveys for the designation of a housing zone, preparing related documents, holding prior consultations or consultations with relevant agencies, and undergoing deliberation by the State Council, before giving public notice to gather consensus from residents and others pursuant to Article 10; provided, where the Minister of Land, Infrastructure and Transport deems it necessary to implement a public housing project under Article 40-2(1), he or she may disclose the relevant information beforehand. <Amended on Mar. 23, 2013; Jan. 14, 2014; Apr. 30, 2019>

(2) No current or former employee of any of the following agencies or companies shall use undisclosed information regarding the designation of a housing zone or regarding proposal for the designation of a housing zone he or she has learned in the coursing of handling business affairs (referring to information that may have a significant impact on determination as to whether to acquire assets or property gains before disclosure to a number of unspecified persons; hereafter in this Article and Article 57 the same shall apply) for any purpose other than for sale of real estate, etc. or other transactions; or provide or divulge such information to others: <Added on Apr. 30, 2019; Apr. 1, 2021>

1. Vice Minister I of Land, Infrastructure and Transportation;

2. A public housing project operator under Article 4(1);

3. A related central administrative agency, the competent local government, a local government-invested public corporation, or any other relevant agency to be consulted with under Article 6(5) or 8(1);

4. A company with which a public housing project operator has entered into a service contract to conduct inspections or prepare relevant documents necessary for proposing the designation of a housing zone or for designating a housing zone under Article 6(2) and (6).

(3) If the Minister of Land, Infrastructure and Transport deems that speculation in real estate prevails or is likely to prevail in an area he or she intends to designate as a housing zone or special management area or its neighboring areas, he or she shall establish countermeasures for preventing speculation, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jan. 20, 2015; Apr. 30, 2019>

(4) A person supplied with undisclosed information regarding the designation of a housing zone or regarding proposal for the designation of a housing zone from a current or former employee of the agencies or companies falling under any subparagraph of paragraph (2) or a person who obtains undisclosed information by wrongful means shall not use such information for purchase or sale of real estate, etc. or other transactions or provide or divulge such information to others: <Added on Apr. 1, 2021>

(5) The Minister of Land, Infrastructure and Transport shall conduct a regular investigation of the offenses prescribed in paragraph (2) or (4) every year; and may occasionally conduct fact-finding surveys, if necessary. <Added on Apr. 1, 2021>

(6) The Minister of Land, Infrastructure and Transport may request the institutions or enterprises under the subparagraphs of paragraph (2) to submit necessary documents, etc. for regular investigations and fact-finding surveys under paragraph (5), and may require public officials under his or her jurisdiction to enter the relevant institutions or enterprises to conduct investigations or ask relevant persons necessary questions. In such cases, a person requested to submit documents, etc., or to be subject to investigation following entry by, or to answer necessary questions from the relevant institution or enterprise shall comply with such request unless there is good cause. <Added on Apr. 1, 2021>

(7) The Minister of Health and Welfare may, where necessary to conduct the regular investigation and fact-finding survey under paragraph (5), request the head of a relevant central administrative agency, the head of a relevant local government, the head of a relevant public institution prescribed in the Act on the Management of Public Institutions, and the heads of other relevant corporations, or organizations to submit necessary materials or to present their opinions. In such cases, the head of a central administrative agency, etc. shall comply with such request unless there is a compelling reason not to do so. <Added on Apr. 1, 2021>

(8) The Minister of Land, Infrastructure and Transport shall notify the public service ethics committee under Article 9 of the Public Service Ethics Act of the results of a regular investigation and fact-finding survey under paragraph (5), and where he or she identifies any violation under paragraph (2) or (4), he or she may file a criminal complaint with an investigative agency or take other measures necessary for improving security control. <Added on Apr. 1, 2021>

(9) Matters necessary for the procedures, methods, etc. of conducting regular investigations and fact-finding surveys under paragraph (5) shall be prescribed by Presidential Decree. <Added on Apr. 1, 2021>

Article 11(Restrictions on activities) #

(1) Any person who intends to engage in any activity prescribed by Presidential Decree, such as erecting a building; installing a building; altering the form or quality of a parcel of land; collecting soil or rocks; partitioning or merging parcels of land; storing goods; and cutting or planting bamboo or trees, within an area for which public notice has been given to gather consensus from residents and others with regard to the designation of a housing zone or the alteration of such designation or within a housing zone under Article 10(1) shall obtain permission therefor from the head of a Si (referring to the relevant Special Self-Governing Province Governor if the area or zone is within a Special Self-Governing Province; hereinafter the same shall apply), Gun, or Gu (referring to an autonomous Gu; hereinafter the same shall apply). The same shall apply to any modification to the matters permitted.

(2) Any of the following activities may be conducted without permission, notwithstanding the provisions of paragraph (1):

1. Activities conducted for emergency measures necessary to the restoration from a disaster or the control of a disaster;

2. Other acts prescribed by Presidential Decree.

(3) Any person who has already begun any construction work or project based on permission for such activity, which requires permission pursuant to paragraph (1), or without permission because such activity does not require permission, before a housing zone is designated and the designation is publicly announced, may continue such work or project after filing a report thereon with the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

(4) The head of a Si/Gun/Gu may issue an order to restore to original state to a person who violates paragraph (1). In such cases, if a person to whom such order has been issued fails to perform his or her obligations, the head of a Si/Gun/Gu may perform the obligations vicariously on behalf of such person pursuant to the Administrative Vicarious Execution Act.

(5) Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to permission granted under paragraph (1), except as provided in this Act. <Amended on Jun. 9, 2020>

(6) Any permission granted pursuant to paragraph (1) shall be deemed permission granted pursuant to Article 56 of the National Land Planning and Utilization Act.

Article 12(Public notice of designation of housing zones) #

(1) When the Minister of Land, Infrastructure and Transport intends to designate a housing zone or alter or cancel such designation, he or she shall give public notice of such important matters as the location and area of the housing zone, the public housing project operator, the type of project, and a detailed list of parcels of land, goods, and rights (hereinafter referred to as "land, etc.") specified in Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects to be expropriated or used for the project, in the Official Gazette, as prescribed by Presidential Decree, and shall forward copies of relevant documents to the head of the competent Si/Gun/Gu. In such cases, public notice of topographical drawings shall be given in accordance with Article 8 of the Framework Act on the Regulation of Land Use. <Amended on Mar. 23, 2013; Aug. 28, 2015>

(2) When the Minister of Land, Infrastructure and Transport intends to designate a special management area, or alter or cancel such designation, he or she shall give public notice of such important matters as the location, area, etc. of the special management area in the official Gazette, as prescribed by Presidential Decree, and shall forward copies of the relevant documents to the head of the competent Si/Gun/Gu. In such cases, public notice of topographical drawings shall be given in accordance with Article 8 of the Framework Act on the Regulation of Land Use. <Added on Jan. 20, 2015>

(3) Upon receipt of the copies of relevant documents pursuant to paragraph (1) or (2), the head of a Si/Gun/Gu shall make them available to the general public for inspection. <Amended on Jan. 20, 2015>

(4) When the Minister of Land, Infrastructure and Transport gives public notice on the designation of a housing zone or the alteration or cancellation of such designation pursuant to paragraph (1), it shall be deemed that a specific use zone as an urban area under Article 36 of the National Land Planning and Utilization Act, urban or Gun planning facilities determined under Article 43 of that Act, and district-unit planning zones under Article 51(1) of that Act shall be deemed designated or altered; and when he or she gives public notice of the cancellation of designation of a housing zone, they shall be deemed reinstated to the status held as at the time the designation was made; provided, in the case of urban or Gun planning facilities separately specified in public notice on the cancellation of the designation, such as facilities for which projects or construction has already commenced as at the time of cancellation, the relevant projects or construction may continue. <Amended on Jan. 20, 2015; Aug. 28, 2015>

Article 17(Approval of housing zone development plans) #

(1) Each public housing project operator shall prepare a public housing zone development plan, which includes the following, and obtain approval from the Minister of Land, Infrastructure and Transport. The same shall apply to any amendment to a housing zone development plan approved; provided, the same shall not apply to the designation of a housing zone within a residential area pursuant to Article 7(1) or alteration of such designation and any modification to insignificant matters prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015>

1. Overview of a housing zone development plan;

2. Land use plan;

3. A plan for accommodating the relevant population and the expropriation of residential houses;

4. A plan to construct infrastructure, including facilities for traffic, public interests, and cultural activities and sports;

5. An environmental plan, including environmental conservation and reduction of carbon emissions;

6. A plan for supplying developed land;

7. Other matters prescribed by Presidential Decree.

(2) When the Minister of Land, Infrastructure and Transport intends to approve a housing zone development plan pursuant to paragraph (1), he or she shall submit the case to the Integrated Commission for Deliberation on Public Housing Projects referred to in Article 33; provided, the same shall not apply in cases prescribed by Presidential Decree, such as the cases where any modification (excluding modifications subject to examination or deliberation by a commission which falls under any of subparagraphs 2 through 7 of Article 34(3)) is made to a housing zone development plan or a request is received from a public housing project operator. <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015>

(3) When the Minister of Land, Infrastructure and Transport approves a housing zone development plan pursuant to paragraph (1), he or she shall give public notice thereof, as prescribed by Presidential Decree, and forward the copies of relevant documents to the head of the competent Si/Gun/Gu. <Amended on Mar. 23, 2013>

(4) Upon receipt of the copies of the relevant documents in accordance with paragraph (3), the head of a Si/Gun/Gu shall make them available to the general public for inspection.

(5) Upon receipt of the copies of the relevant documents in accordance with paragraph (3), the head of a Si/Gun/Gu shall take measures necessary for preparing topographic drawings in accordance with Article 32 of the National Land Planning and Utilization Act and Article 8 of the Framework Act on the Regulation of Land Use, if the documents contain any matter subject to a decision on an urban or Gun management plan. In such cases, the relevant public housing project operator shall submit documents necessary for giving public notice of topographic drawings to the head of the competent Si/Gun/Gu. <Amended on Apr. 14, 2011; Aug. 28, 2015>

Article 18(Authorization and permission deemed granted under other statutes) #

(1) Approval granted for a housing zone development project pursuant to Article 17 or approval granted for any amendment to such plan shall be deemed approval, permission, authorization, decision, reporting, designation, licenses, consultation, consent, cancellation, and deliberation (hereinafter referred to as "authorization, permission, etc.") granted, made, or completed pursuant to the following, and public notice given with regard to approval of a housing zone development plan shall be deemed public notice or public announcement regarding authorization, permission, etc., granted, made, or completed pursuant to the following statutes: <Amended on Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Jan. 14, 2014; Jun. 3, 2014; Jan. 19, 2016; Dec. 27, 2016; Jan. 17, 2017; Oct. 24, 2017; Mar. 13, 2018; Jan. 29, 2020; Mar. 31, 2020; Dec. 22, 2020; Dec. 27, 2022>

1. Building permission under Article 11 of the Building Act, reporting on building works under Article 14 of that Act, a modification to building permission or reporting under Article 16 of that Act, permission for or reporting on a temporary building under Article 20 of that Act, and consultation on a building project under Article 29 of that Act;

2. A permission to extract aggregate under Article 22 of the Aggregate Extraction Act;

3. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, consultation or approval under Article 10 of that Act, approval of or reporting on an implementation plan under Article 17 of that Act, a reclamation license of public waters under Article 28 of that Act, public notice of a reclamation license under Article 33 of that Act, consultation on or approval for reclamation implemented by the State, etc. under Article 35 of that Act, and approval of and public notice of an implementation plan for reclaiming land in public waters under Article 38 of that Act;

4. Deleted; <Apr. 15, 2010>

5. Disuse of administrative property under Article 11 of the Public Property and Commodity Management Act and permission to use or profit from administrative property under Article 20 of that Act;

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

7. Permission to use state property under Article 30 of the State Property Act or the disuse of administrative property under Article 40 of that Act;

8. Determination on an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act, determination of a district unit plan under Article 50 of that Act, permission for development activities under Article 56 of that Act, designation of the implementer of an urban or Gun planning facility project under Article 86 of that Act, and the preparation and authorization of an implementation plan under Article 88 of that Act;

9. Cancellation of the designation of a dairy zone designated under Article 4(1) of the Dairy Promotion Act;

10. Permission to use agricultural infrastructure under Article 23 of the Agricultural and Fishing Villages Improvement Act;

11. Changing or canceling designation of an agricultural promotion area under Article 31 of the Farmland Act and permission for or consultation on the diversion of farmland under Article 34 of that Act;

12. Permission to install emission facilities or reporting on such facilities 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;

13. Matters concerning public transportation facilities to be included in a development project plan under Article 9 of the Act on the Support and Promotion of Utilization of Mass Transit System Act;

14. Designating an urban development zone under Article 3 of the Urban Development Act, establishing or revising a development plan under Article 4 of that Act, designating a project implementer under Article 11 of that Act, preparing and authorization of an implementation plan under Article 17 of that Act, the submission of a plan to supply developed land, etc. under Article 26 of that Act, permission for use prior to completion of developed land, etc. under Article 53 of that Act, and permission for access to a third person's land under Article 64(2) of that Act;

15. Permission to implement road works for those other than the road management agency under Article 36 of the Road Act, permission to occupy and use a road under Article 61 of that Act, and consultation with or approval from the road management agency under Article 107 of that Act;

16. Permission to open a private road under Article 4 of the Private Road Act;

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

18. Designating an implementer for a project for developing an industrial complex under Article 16 of the Industrial Sites and Development Act, approval of an implementation plan for a project for developing an industrial complex under Article 17 or 18 of that Act, and approval of an implementation plan for a project for developing an urban high-tech industrial complex under Article 18-2 of that Act;

19. Approval of establishment, etc. of factories under Article 13 of the Industrial Cluster Development and Factory Establishment Act;

20. Permission to convert a mountainous district and reporting thereon under Articles 14 and 15 of the Mountainous Districts Management Act, permission to temporarily use a mountainous district and reporting thereon under Article 15-2 of that Act, permission to cut standing trees, etc. and reporting thereon under Article 36(1) or (5) of the Creation and Management of Forest Resources Act, and permission for acts inside a forest protection area and reporting thereon under Article 9(1) and (2)1 and 2 of the Forest Protection Act; provided, this shall not apply to forests for seed collection and experimental forests under the Creation and Management of Forest Resources Act and a forest genetic resources protection area under the Forest Protection Act;

21. Formulation and approval of a comprehensive plan for maintaining small rivers and formulation of an action plan for maintaining small rivers under Articles 6 and 8 of the Small River Maintenance Act; permission to implement small river works under Article 10 of that Act; and permission for or reporting on occupancy, use, etc. of small rivers under Article 14 of that Act;

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

23. Consultation on energy use programs under Article 10 of the Energy Use Rationalization Act;

24. Altering designation of a forestry promotion zone under Article 20 of the Forestry and Mountain Villages Development Promotion Act and the cancellation of such designation;

25. Consultations on disaster impact assessment, etc. of a development project under Article 5 of the Countermeasures against Natural Disasters Act;

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

27. Authorization of or report on an installation plan for a private electricity system under Article 8 of the Electrical Safety Management Act;

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

29. A report on commencement, alteration, or completion of a project under Article 86(1) of the Act on the Establishment and Management of Spatial Data;

30. Consultation on the feasibility of an integrated energy supply system under Article 4 of the Integrated Energy Supply Act;

30-2. Approval of implementation plans for each railroad construction project under Article 9 of the Act on Railroad Construction and Railroad Facilities Management;

30-3. Permission for occupation and use under Article 42 of the Railroad Service Act;

31. Approval of a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act;

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

33. Approval for, or reporting on, the installation of a wastes disposal facility under Article 29 of the Wastes Control Act;

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

35. Consulting with or approval from the river management authority under Article 6 of the River Act, the modification of a basic river plan and an implementation plan for a river project under Articles 25 and 27 of that Act, permission to execute a river project and authorization of an implementation plan for a river project under Article 30 of the River Act, permission to occupy and use a river under Article 33 of that Act, and permission to use a river water under Article 50 of that Act;

36. Modification of a basic harbor plan under Article 7 of the Harbor Act, permission to execute a harbor development project under Article 9(2) of that Act, and approval of a harbor development project implementation plan under Article 10(2) of that Act.

37. Permission to enter into a land transaction contract under Article 11 of the Act on Report on Real Estate Transactions.

(2) Whenever the Minister of Land, Infrastructure and Transport intends to approve a housing zone development plan that includes a matter specified in any subparagraph of paragraph (1), he or she shall have a consultation with the head of the competent administrative agency on such plan along with the relevant documents submitted by the public housing projects operator. In such cases, the head of the competent administrative agency shall present his or her opinion within 30 days from receipt of a request for such consultation; but if he or she fails to present an opinion within such period, it shall be deemed that he or she has no objection thereto. <Amended on Mar. 23, 2013; Aug. 28, 2015>

(3) Where it is deemed that authorization, permission, etc. under any other statute has been granted, made, or completed pursuant to paragraph (1), the license tax, fee, rent, and similar imposed pursuant to the relevant statute shall be exempted.

Article 27(Expropriation of land) #

(1) Any public housing project operator may expropriate or use land, etc., if necessary for developing a housing zone or constructing public housing. <Amended on Aug. 28, 2015; Dec. 22, 2020>

(2) The designation of a housing zone or the approval of a housing construction project plan under Article 35(1) and public notice thereof shall be deemed project approval and public notice thereof under Articles 20(1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Dec. 22, 2020>

(3) An application for adjudication on expropriation or use of land, etc. under paragraph (1) may be filed within the period for the execution of the project set in the relevant housing zone development plan or a housing construction project plan under Article 35(1), notwithstanding Articles 23(1) and 28(1) of the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Dec. 22, 2020>

(4) The Central Land Tribunal has jurisdiction to adjudicate on the expropriation or use of land, etc. under paragraph (1).

(5) If it is recognized that the price of any parcel of land that shall be acquired has changed due to public notice given to gather consensus from residents and others pursuant to Article 10(1); or if a case meets the requirements prescribed by Presidential Decree, the land price officially announced at the time nearest to the date of public notice given to gather consensus from residents and others under Article 10(1), among the officially announced land prices as on any date before the date of the public notice given to gather consensus from residents and others under Article 10(1), officially announced as on the base date for pricing the parcels of land involved, shall be deemed the officially announced price under Article 70(1) of the Act on Acquisition of and Compensation for Land for Public Works Projects, notwithstanding Article 70(3) through (5) of that Act.

(6) Except as provided in this Act, the expropriation or use of land, etc. under paragraph (1) shall be governed by the Act on Acquisition of and Compensation for Land for Public Works Projects.

Article 29(Attribution of ownership of public facilities) #

(1) Where a public housing project operator has installed a new public facility under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act (excluding parking lots and playgrounds; hereafter in this Article the same shall apply) or any facility as a substitute for an existing public facility, the attribution of ownership of such facility shall be governed by Article 65 of that Act. In such cases, "administrative agency" shall be construed as "public housing project operator." <Amended on Aug. 28, 2015; Jun. 9, 2020>

(2) If it is not clearly known which administrative agency is responsible for the management of any property in applying the National Land Planning and Utilization Act in accordance with paragraph (1), the Minister of Land, Infrastructure and Transport shall be deemed the responsible administrative agency if the property is a road or ditch; the Minister of Climate, Energy and Environment if the property is a river; and the Minister of Finance and Economy if the property is other than a road, river, or ditch. <Amended on Dec. 31, 2020; Oct. 1, 2025>

(3) If a public housing project operator intends to install any substitute public facility or similar pursuant to paragraph (1), he or she shall clarify the details of the intended facility in the application filed for approval for a housing zone development plan under Article 16, as prescribed by Presidential Decree; provided, where a housing zone is designated within a residential area pursuant to Article 7, the details of such facility shall be clearly described in the application filed for approval for the relevant plan for the housing construction project in accordance with Article 35. <Amended on Aug. 28, 2015>

(4) For purposes of registering public facilities and property under paragraph (1), a written approval of a housing zone development plan, a written approval of the plan for a housing construction project, or a written approval for the modification thereto, and a completion certificate may serve as a substitute for a document certifying a ground for registration under the Registration of Real Estate Act. <Amended on Jun. 9, 2020>

Article 32-3(Restrictions on resale of developed land) #

(1) A person who concludes a supply contract of any land developed as a housing zone (hereinafter referred to as "person supplied with land") shall not resell the relevant land without using it for its intended purposes (including transfer of title, sale, purchase or all other conduct incidental to any changes in rights, but excluding conveyance by inheritance; hereinafter the same shall apply) until registration for transfer of ownership is completed, and no person shall have such land resold; provided, the same shall not apply in cases prescribed by Presidential Decree, such as the resale of a site for construction of housing supplied for the purpose of relocation. <Amended on Dec. 22, 2020>

(2) A person selected as a person to be supplied with any developed land (hereinafter referred to as "person subject to the supply of land") shall not resell his or her right, qualification, status, etc. to be supplied with the relevant land, and no person shall have such land resold. <Added on Dec. 22, 2020>

(3) Where a person supplied with land resells the land in violation of paragraph (1), the relevant juristic act shall be nullified, and a public housing project operator (referring to the initial land supplier) shall revoke a contract for land supply already concluded. In such cases, the public housing project operator shall, without delay, pay the aggregate of the amounts excluding contract deposits specified in the relevant contract for land supply and interest thereon (referring to the interest calculated by applying the average interest rate on time deposits with the maturity of one year of a bank under the Banking Act), among the amounts paid by the person supplied with land. <Amended on Dec. 22, 2020>

(4) Where a person subject to the supply of land resells his or her right, qualification, status, etc. to be supplied with land in violation of paragraph (2), the relevant juristic act and the right, qualification, status, etc. to be supplied with land shall be nullified. <Added on Dec. 22, 2020>

[This Article Added on Aug. 28, 2015]

Article 33(Establishment of integrated committee for deliberation on public housing projects) #

(1) An integrated commission for deliberation on public housing projects (hereinafter referred to as the "Integrated Deliberative Commission") shall be established within the Ministry of Land, Infrastructure and Transport to deliberate on the following matters in connection with approval of housing zone development plans under Article 17, project plans under Article 35, or urban public housing complex projects under Article 40-8 (hereinafter referred to as "related plans"), such as urban planning, architecture, environmental issues, traffic issues, and natural disasters: <Amended on Apr. 14, 2011; Mar. 23, 2013; Jan. 14, 2014; Jul. 24, 2015; Aug. 28, 2015; Oct. 24, 2017; Mar. 13, 2018; Jun. 9, 2020; Dec. 22, 2020; Jul. 20, 2021>

1. Matters concerning the construction of buildings and the designation of special building zones under the Building Act;

1-2. Matters concerning urban or Gun management plans under the National Land Planning and Utilization Act;

2. Measures for improving metropolitan transport under the Special Act on the Management of Intercity Transport in Metropolitan Areas;

3. A traffic impact assessment report under the Urban Traffic Improvement Promotion Act;

4. Plans for using a mountainous district within the relevant housing zone under the Mountainous Districts Management Act;

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

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

7. Assessments on the educational environment under the Educational Environment Protection Act;

8. Railroad construction projects under the Act on Railroad Construction and Railroad Facilities Management;

9. Matters deliberated on by the central urban planning commission pursuant to Article 6(3);

10. Other matters deemed necessary by the Minister of Land, Infrastructure and Transport and referred to the Integrated Deliberative Committee for deliberation.

(2) A City/Do Public Housing Integrated Deliberative Commission may be established in each City/Do to examine and deliberate on matters subject to deliberation by the Integrated Deliberative Commission, which have been delegated to each Mayor/Do Governor pursuant to Article 53(1), and matters provided in paragraph (1) in connection with the approval of an urban public housing complex project under Article 40-8 among matters under the jurisdiction of the Minister of Land, Infrastructure and Transport. In such cases, paragraphs (3) through (7) and (9) and Article 34 shall apply mutatis mutandis to the composition and organization of, and deliberation by, City/Do Public Housing Integrated Deliberative Commissions and other relevant matters. <Added on Apr. 5, 2010; Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015; Dec. 22, 2020; Jul. 20, 2021>

(3) The Integrated Deliberative Commission shall be comprised of up to 33 members, including one chairperson and one vice-chairperson. <Amended on Apr. 5, 2010; Jan. 14, 2014; Dec. 22, 2020>

(4) The following persons shall serve as the members of the Integrated Deliberative Commission, and its chairperson shall be elected by and from among its members who fall under subparagraph 2; while the chairperson may appoint a public official who is in service for the Ministry of Land, Infrastructure and Transport and who falls under subparagraph 1 as the vice-chairperson of the Commission, if necessary for efficient deliberation: <Amended on Apr. 5, 2010; Mar. 23, 2013; Jan. 14, 2014; Jul. 24, 2015; Aug. 28, 2015; Oct. 24, 2017; Dec. 22, 2020>

1. Heads of responsible departments in each competent central administrative agency and in each City/Do having jurisdiction over the area in which the relevant housing zone or public housing is located, who are public officials of the Senior Executive Service (referring to at least Grade III officials in cases of each City/Do), and public officials who are in charge of housing-related affairs in the Ministry of Land, Infrastructure and Transport and who are the members of the Senior Executive Service;

2. Persons commissioned by the Minister of Land, Infrastructure and Transport from among experts in the fields of urban planning, architecture, traffic, environment, or natural disasters, or other relevant area, who have extensive knowledge of and experience in developing housing sites and housing projects;

3. Persons recommended by the chairperson of the Central Construction Commission under the Building Act from among the members of the relevant commission;

4. One person recommended by the chairperson of the Central Urban Planning Committee under the National Land Planning and Utilization Act from among its members and persons recommended by the chairperson of a City/Do urban planning committee established in the City/Do in which the relevant housing zone or public housing is located, including at least one expert from each of urban planning, architectural planning and designing, and environment, from among the members of the relevant City/Do urban planning commission;

5. Persons recommended by the chairperson of the Committee for Intercity Transport in Metropolitan Areas under the Special Act on the Management of Intercity Transport in Metropolitan Areas, from among the members of the relevant Committee;

6. Persons recommended by the chairperson of the traffic impact assessment deliberation commission under the jurisdiction of the Ministry of Land, Infrastructure and Transport under the Urban Traffic Improvement Promotion Act, from among the members of the relevant traffic impact assessment deliberation commission;

7. Persons recommended by the chairperson of the commission for the management of a mountainous district, authorized pursuant to the Mountainous Districts Management Act, to deliberate on a plan for the use of the mountainous district within the relevant housing zone, from among the members of the relevant commission for the management of the mountainous district;

8. Persons recommended by the chairperson of the commission authorized to deliberate on a plan for the use of energy under the Energy Use Rationalization Act from among the members of the relevant commission;

9. Persons recommended by the chairperson of the deliberative commission on disaster impact assessment established under the Countermeasures against Natural Disasters Act, from among the members of the commission;

10. Persons recommended by the chairperson of the Railroad Industry Commission under the Framework Act on Railroad Industry Development from among the members of the relevant commission;

11. Persons recommended by the chairperson of a City/Do Educational Environment Protection Committee under the Educational Environment Protection Act from among the members of the relevant Committee.

(5) The Commission chairperson shall request the chairperson of each commission, to which each member specified in paragraph (4)3 through 11 belongs, to recommend Commission members, and the chairperson of each commission so requested shall recommend Commission members within seven days after receipt of such request. <Amended on Apr. 5, 2010; Jan. 14, 2014>

(6) A majority of the incumbent members of the Integrated Deliberative Commission shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present; provided, the incumbent members may be operated differently according to the following classification: <Amended on Apr. 5, 2010; Jan. 14, 2014; Aug. 28, 2015; Dec. 22, 2020; Jul. 20, 2021>

1. In cases of deliberating on the modification of a housing zone development plan under Article 17(2): The chairperson and members who are related to the modified matters of the housing zone development plan shall be deemed the incumbent members;

2. Where the Integrated Deliberative Commission deliberates on a project plan under Article 35 or an urban public housing complex project plan under Article 40-8: Members provided in paragraph (4)1 through 6 shall be deemed the incumbent members;

3. In cases of deliberating on a housing zone development plan not including railroad facilities: The members falling under paragraph (4)10 shall not be included in the incumbent members.

(7) The Integrated Deliberative Commission shall audio-record proceedings of each meeting and prepare minutes of meeting. <Amended on Apr. 5, 2010>

(8) The members of the Integrated Deliberative Commission and a City/Do Public Housing Integrated Deliberative Commission who are not public officials shall be deemed public officials in applying Articles 127 and 129 through 132 of the Criminal Act. <Added on Dec. 22, 2020>

(9) Matters necessary for the organization and operation of the Integrated Deliberative Commission, such as the minimum quota for Commission members from each field specified in each subparagraph of paragraph (4) shall be prescribed by Presidential Decree. <Amended on Apr. 5, 2010; Dec. 22, 2020>

[Title Amended on Jan. 14, 2014]

[The amended provisions of Article 33 of the Act (Act No. 18311, Jul. 20, 2021) shall be effective until December 31, 2026 under the provisions of Article 2 of the Addenda to that Act]

Article 34(Procedures for deliberation by integrated deliberative commission) #

(1) Each public housing project operator shall attach documents as follows. In such cases, the Minister of Land, Infrastructure and Transport may, if necessary to efficiently process approval of related plans, request the relevant project operator to submit documents by specifying a deadline for submission: <Amended on Jul. 20, 2021>

1. Where an application for approval of a district plan is filed under Article 16(1): Documents related to the subparagraphs of Article 33(1);

2. Where an application for deliberation is filed by the Integrated Deliberative Commission when a project plan is approved pursuant to Article 35(1): Documents related to Article 33(1)1, 1-2, 2 through 4, and 10;

3. Where an application is filed for the deliberation by the Integrated Deliberative Commission when approving an urban public housing complex project under Article 40-8(1): Documents related to the subparagraphs of Article 33(1).

(2) A public housing project operator may submit a final written opinion to the Integrated Deliberative Commission, and the Integrated Deliberative Commission shall comprehensively examine and deliberate on matters relevant to approving the related plans, the public housing project operator's final written opinion, written opinions from competent agencies, and other relevant data. In such cases, the Minister of Land, Infrastructure and Transport shall reflect the results of the deliberation in his or her approval of the related plans, unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Aug. 28, 2015; Jun. 9, 2020>

(3) Where an application has undergone examination and deliberation by the Integrated Deliberative Commission, it shall be deemed to have undergone examination and deliberation by the following commissions: <Amended on Jan. 14, 2014; Jul. 24, 2015; Aug. 28, 2015; Oct. 24, 2017; Dec. 22, 2020>

1. A building commission under the Building Act;

1-2. The City/Do urban planning commission under the National Land Planning and Utilization Act;

2. The Committee for Intercity Transport in Metropolitan Areas under the Special Act on the Management of Intercity Transport in Metropolitan Areas;

3. The deliberative committee for traffic impact assessment under the Urban Traffic Improvement Promotion Act;

4. The commission on the management of the mountainous district under the Mountainous Districts Management Act;

5. The commission authorized to deliberate on a plan for the use of energy under the Energy Use Rationalization Act;

6. The deliberative commission on disaster impact assessment established under the Countermeasures against Natural Disasters Act;

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

8. The Railroad Industry Commission under the Framework Act on Railroad Industry Development.

[The amended provisions of Article 34(1) of the Act (Act No. 18311, Jul. 20, 2021) shall be effective until December 11, 2026 under the provisions of Article 2 of the Addenda to that Act]

Article 35(Approval of housing construction project plans) #

(1) Each public housing project operator shall prepare a plan for a public housing project (including a plan for the installation of ancillary facilities and welfare facilities) and obtain approval from the Minister of Land, Infrastructure and Transport. The same shall apply to any amendment to such project plan. <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015>

(2) If the Minister of Land, Infrastructure and Transport concludes that it is unavoidable to build any homes other than public housing units (hereinafter referred to as "homes subject to private sale in units") to be built within a housing zone together with the public housing units simultaneously, he or she may receive another project plan for the construction of the homes subject to private sale in units directly from the project owner or through the public housing project operator under this Act to approve the plan, as well. The same shall apply to any amendment to such project plan. <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015>

(3) Any public housing project operator may include a housing construction project plan in an application of approval for a housing zone development plan submitted in accordance with Article 16(1). <Amended on Aug. 28, 2015>

(4) When a public housing project operator obtains approval of a project plan pursuant to paragraph (1) or (2); it shall be deemed to have obtained or undergone the following authorization, permission, decision, deliberation, etc., and public notice given with regard to approval of a project plan shall be deemed public notice or public announcement given or made pursuant to the relevant statutes specified in the following: <Amended on Mar. 25, 2009; Jun. 9, 2009; Jan. 27, 2010; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Jan. 14, 2014; Jun. 3, 2014; Aug. 28, 2015; Jan. 19, 2016; Dec. 27, 2016; Mar. 13, 2018; Jul. 20, 2021; Dec. 27, 2022>

1. Building permission under Article 11 of the Building Act, reporting on building works under Article 14 of that Act, and permission for or reporting on a temporary building under Article 20 of that Act;

2. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, consultation or approval under Article 10 of that Act, approval of and report on an implementation plan for occupancy or use under Article 17 of that Act, a reclamation license of public waters under Article 28 of that Act, consultation on or approval of reclamation implemented by the State, etc. under Article 35 of that Act, and approval of an implementation plan for reclamation of public waters under Article 38 of that Act;

3. Disuse of administrative property under Article 11 of the Public Property and Commodity Management Act and a permit to use or profit from administrative property under Article 20 of that Act;

4. Authorization for a mining plan under Article 42 of the Mining Industry Act;

5. Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act (referring to a plan defined in the items of subparagraph 4 of Article 2 of that Act and a district-unit plan under Article 49 of that Act), permission for development activities under Article 56 of that Act, deliberation by an urban planning commission on development activities under Article 59 of that Act, the designation of a project implementer of an urban or Gun planning facility project under Article 86 of that Act, authorization of an implementation plan under Article 88 of that Act, and permission to access to a third person's land under Article 130(2) of that Act;

5-2. Permission to use state property under Article 30 of the State Property Act or the disuse of administrative property under Article 40 of that Act;

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

7. Permission for, or consultation about, diversion of farmland under Article 34 of the Farmland Act;

8. Permission to implement a road project under Article 36 of the Road Act or permission to occupy and use a road under Article 61 of that Act;

9. Designation of an urban development zone under Article 3 of the Urban Development Act, the designation of a project implementer under Article 11 of that Act, authorization of an implementation plan under Article 17 of that Act, and permission to access to a third person's land under Article 64(2) of that Act;

10. Permission for construction of a private road under Article 4 of the Private Road Act;

11. Permission to change the form and quality of land under Article 14 of the Erosion Control Work Act and cancellation of designation of land treated for erosion under Article 20 of that Act;

12. Permission to convert a mountainous district and reporting thereon under Articles 14 and 15 of the Mountainous Districts Management Act, permission to temporarily use a mountainous district and reporting thereon under Article 15-2 of that Act, permission to cut standing trees, etc. and reporting thereon under Article 36(1) or (5) of the Creation and Management of Forest Resources Act, and permission for acts inside a forest protection area and reporting thereon under Article 9(1) and (2)1 and 2 of the Forest Protection Act; provided, this shall not apply to forests for seed collection and experimental forests under the Creation and Management of Forest Resources Act and a forest genetic resources protection area under the Forest Protection Act;

13. Approval of a comprehensive small river maintenance plan under Article 6 of the Small River Maintenance Act, permission to implement a small river project under Article 10 of that Act, and permission to occupy and use a small river and reporting thereon under Article 14 of that Act;

14. Authorization for waterworks business under Article 17 or 49 of the Water Supply and Waterworks Installation Act and authorization for the installation of private-use waterworks under Article 52 of that Act;

15. Approving an implementation plan for a coastal maintenance project under Article 25 of the Coast Management Act;

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

17. Disposition of a grave, etc. in a third person's land under Article 27 of the Act on Funeral Services and disposition of an unclaimed grave under Article 28 of that Act;

17-2. Approval of a project plan under Article 15 of the Housing Act;

18. Permission for the development or use of ground water or reporting thereon under Article 7 or 8 of the Groundwater Act;

18-2. Approval of implementation plans for each railroad construction project under Article 9 of the Act on Railroad Construction and Railroad Facilities Management;

18-3. Permission for occupation and use under Article 42 of the Railroad Service Act;

19. Permission to divert grasslands prescribed in Article 23 of the Grassland Act;

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

21. Permission to engage in activities referred to in Article 6 of the Housing Site Development Promotion Act;

22. Permission to implement a public sewerage project under Article 16 of the Sewerage Act and reporting on the installation of a private sewerage treatment facility under Article 34(2) of that Act;

23. Permission to implement river works and authorization of an implementation plan for river works under Article 30 of the River Act, permission to occupy and use a river under Article 33 of that Act, and permission to use a river water under Article 50 of that Act;

24. Permission regarding a land transaction contract under Article 11 of the Act on Report on Real Estate Transactions.

(5) Whenever the Minister of Land, Infrastructure and Transport approves a project plan pursuant to paragraph (1) or (2), he or she shall give public notice of the details thereof and forward copies of the written approval of the project plan and relevant documents without delay to the competent Mayor/Do Governor. <Amended on Mar. 23, 2013>

(6) When the Minister of Land, Infrastructure and Transport intends to approve, pursuant to paragraph (1) or (2), a project plan that includes a matter specified in any subparagraph of paragraph (4), he or she shall have a prior consultation with the head of the competent administrative agency. In such cases, the head of the competent administrative agency shall state his or her opinion within 30 days from receipt of a request for such consultation from the Minister of Land, Infrastructure and Transport, but if he or she fails to state his or her opinion within the period, it shall be deemed that he or she has no objection thereto. <Amended on Mar. 23, 2013>

(7) Other matters concerning approving project plans under paragraph (1) or (2), such as application procedures, required documents, and methods of giving public notice, shall be prescribed by Presidential Decree. <Added on Aug. 28, 2015>

Article 36(Special cases concerning deliberation by construction commission) #

(1) If a project for the construction of public housing units or homes subject to private sale in units under Article 35(1) or (2) is required to undergo deliberation by the competent construction commission under Article 4 of the Building Act or subject to traffic impact assessment under Article 15 of the Urban Traffic Improvement Promotion Act, the Minister of Land, Infrastructure and Transport shall submit the case to the Central Construction Commission under Article 4 of the Building Act or the traffic impact assessment deliberation commission within the Ministry of Land, Infrastructure and Transport for deliberation under Article 17(1) of the Urban Traffic Improvement Promotion Act; provided, such deliberation may be omitted, if a project for the construction of public housing units or houses subject to private sale in units under Article 35(1) or (2) is executed by a local government or a local government-invested public corporation under Article 4 and the project has already undergone deliberation by the construction commission established by the competent Mayor/Do Governor pursuant to Article 4 of the Building Act or the traffic impact assessment deliberation commission within the approving administrative agency pursuant to Article 17 of the Urban Traffic Improvement Promotion Act. <Amended on Mar. 23, 2013; Jan. 14, 2014; Jul. 24, 2015>

(2) Deliberation conducted by the Central Construction Commission or the traffic impact assessment deliberation commission under the jurisdiction of the Ministry of Land, Infrastructure and Transport under paragraph (1), shall be deemed deliberation conducted by the construction commission under Article 4 of the Building Act or by the traffic impact assessment deliberation commission under the jurisdiction of the approving administrative agency under Article 17 of the Urban Traffic Improvement Promotion Act. <Amended on Mar. 23, 2013; Jul. 24, 2015>

(3) Notwithstanding paragraph (1), where an application for approval of a project plan was filed pursuant to Article 35(3), or where the Minister of Land, Infrastructure and Transport deems it necessary, the application may need to undergo deliberation by the Integrated Deliberative Commission; and where the application has undergone deliberation by the Integrated Deliberative Commission, it shall be deemed to have undergone deliberation by the construction commission or deliberation by the traffic impact assessment deliberation commission pursuant to paragraph (1). In such cases, the incumbent members of the Integrated Deliberative Commission shall be deemed the members falling under Article 33(4)2 through 6. <Amended on Jul. 24, 2015; Aug. 28, 2015; Dec. 22, 2020>

Article 40-2(Special cases concerning public housing projects on sites for public facilities) #

(1) Notwithstanding Article 76 of the National Land Planning and Utilization Act, the facilities determined and publicly notified by the Minister of Land, Infrastructure and Transport, such as commercial facilities, business facilities and lodging facilities under Article 2(2) of the Building Act, may be constructed in addition to public housing, where a public housing project is implemented on the land which includes any of the following land, the size of which is at least the ratio prescribed by Presidential Decree, in order to supply public rental housing prescribed by Presidential Decree. In such cases, the ratio of housing units under the latter part of subparagraph 2 of Article 2 shall not apply: <Amended on Aug. 28, 2015; Oct. 24, 2017; May 18, 2021>

1. Property for official use and property for public use under Article 6(2)1 and 2 of the State Property Act and Article 5(2)1 and 2 of the Public Property and Commodity Management Act;

2. Any of the following land owned by the State, a local government, a public institution under Article 5 of the Act on the Management of Public Institutions, or a local government-invested public corporation established under Article 49 of the Local Public Enterprises Act:

a. Land developed for sale under this Act, the Housing Site Development Promotion Act, or other related statutes, but not sold;

b. Land acquired to install public facilities, etc., but not used for such purpose;

c. Land being used after installing public facilities, etc., but on which public housing units may be constructed to the extent not hindering the use of the relevant facilities;

3. Other land prescribed by Presidential Decree, which is developed or was developed under this Act, the Housing Site Development Promotion Act, or other related statutes.

(2) Notwithstanding Article 35, Article 11 of the Building Act, and other relevant provisions, a public housing projects operator who intends to construct public housing and facilities together on the land referred to in paragraph (1) shall obtain approval therefor under Article 35 after preparing a housing construction project plan which includes matters concerning the construction of facilities; provided, where the facilities referred to in paragraph (1) are intended to be constructed in a building separate from public housing, the relevant facilities may be constructed after permission is obtained under Article 11 of the Building Act. <Amended on Aug. 28, 2015>

(3) Matters necessary to facilitate implementing public housing projects under paragraph (1) shall be prescribed by Ministerial Decree of the Land, Infrastructure and Transport.

[This Article Added on Jan. 14, 2014]

[Title Amended on May 18, 2021]

Article 40-3(Special cases concerning the State Property Act) #

(1) Where necessary for the smooth implementation of a public housing project under Article 40-2(1), the State and a local government may grant permission to use, sell, or lease state or public property to the public housing project operator by private contract, notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other related statutes. In such cases, the State and the local government may set the period of permission to use or lease at up to 50 years, and may reduce or exempt the fee for use or lease, as prescribed by Presidential Decree. <Amended on Aug. 28, 2015>

(2) The State property under paragraph (1) means the property under Article 6 of the State Property Act on which consultation has been completed with the head of a central government agency in charge of managing the relevant property. <Amended on Aug. 28, 2015; May 18, 2021>

(3) For facilitating implementation of a public housing project under Article 40-2(1), the Minister of Land, Infrastructure and Transport may, following consultation with the Minister of Finance and Economy, request the head of the central administrative agency that manages state property to disuse and transfer the state property under his or her jurisdiction to the Minister of Finance and Economy. <Added on Aug. 28, 2015; Oct. 1, 2025>

(4) The head of a central administrative agency, in receipt of the request under paragraph (3), shall notify the Minister of Land, Infrastructure and Transport of his or her opinion within 60 days from the receipt of such request. <Added on Aug. 28, 2015>

(5) Notwithstanding the State Property Act and the Public Property and Commodity Management Act, the State and a local government may allow the public housing project operator referred to in paragraph (1) to build permanent facilities on state or public property for which permission for use or lease has been granted under that paragraph. In such cases, the ownership of the relevant permanent facilities shall belong to the public housing project operator until such state or public property is returned, unless any separate agreement is made otherwise between the public housing project operator and the State, local government, or any other relevant institution. <Amended on Aug. 28, 2015; Jun. 9, 2020>

[This Article Added on Jan. 14, 2014]

Article 40-7(Designation of urban public housing complex projects) #

(1) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor (hereinafter referred to as "designating authority") may designate an area necessary for promoting an urban public housing complex project (hereinafter referred to as "complex project") as an urban public housing complex district (hereinafter referred to as "complex district") or may change or cancel the designated complex district as follows: <Amended on Jan. 31, 2025>

1. Where a local government-invested public corporation or a corporation invested or incorporated by a local government-invested public corporation by investing more than 50/100 of the total equity makes a proposal under paragraph (4), the designating authority: The Mayor/Do Governor;

2. Where a public housing project operator, other than those referred to in subparagraph 1, makes a proposal under paragraph (4): The Minister of Land, Infrastructure and Transport.

(2) The designating authority may select an area for which it is deemed necessary to examine the selection of a complex district as a candidate site for the complex district (hereinafter referred to as "candidate site") or may change the selected candidate site and publicly announce such fact, as prescribed by Presidential Decree, and the head of a Si/Gun/Gu may request the designating authority to select an area within his or her jurisdiction, in which it is deemed necessary to implement a complex project, as a candidate site. In such cases, where a Mayor/Do Governor intends to select a candidate site, he or she shall consult with the Minister of Land, Infrastructure and Transport; and where the Minister of Land, Infrastructure and Transport intends to select a candidate site, he or she shall consult with a Mayor/Do Governor in advance. <Added on Jan. 31, 2025>

(3) The designating authority may withdraw the selection of a candidate site selected in accordance with paragraph (2) in any of the following cases; in such cases, the designating authority shall publicly announce such fact, as prescribed by Presidential Decree: <Added on Jan. 31, 2025>

1. Where the need to continuously promote a complex project no longer exists or where it is clearly impracticable to promote it due to changes in circumstances;

2. Where at least 1/2 of the owners of land, etc. request the withdrawal of the selection of a candidate site (excluding where a public housing project operator has proposed the designation of a complex district to the designating authority in accordance with paragraph (4));

3. Where opinions of residents, etc. regarding the designation or change of the complex district under paragraph (7) are not heard within 2 years after the selection of the candidate site.

(4) A public housing project operator under Article 4 may propose the designation or change of a complex district for a candidate site selected in accordance with paragraph (2) to the designating authority, and may propose cancellation of the designation of a complex district in any of the following cases: <Amended on Oct. 24, 2023; Jan. 31, 2025>

1. Where the need to continuously promote a complex project no longer exists or where it is clearly impractical to promote it due to changes in circumstances;

2. Where at least 1/2 of the owners of land, etc. located in the relevant complex district request the public housing project operator to cancel the designation of the complex district within 3 years from the designation of the complex district (excluding where an application for an urban public housing complex project plan under Article 40-8 is filed).

(5) A public housing project operator may request the State or a local government to provide necessary cooperation, such as the provision of the addresses and telephone numbers of the owners of land, etc., issuance of documents necessary for the relevant complex project, and adjustment of records on destroyed buildings, as prescribed by Presidential Decree, within the limit for verifying whether he or she consents to the project under paragraph (8)1 and the State or a local government shall comply with such request, unless there is a compelling reason not to do so. In such cases, the State or a local government shall not impose any fee for documents issued. <Amended on Jan. 31, 2025>

(6) Where the designating authority intends to designate, change, or cancel a complex district in accordance with paragraph (1), or a public housing project operator intends to propose the designation, change, or cancelation of a complex district in accordance with paragraph (4), the designating authority and the public housing project operator shall comprehensively examine the demand for housing, regional conditions, etc. in the relevant area. In such cases, the designation authority and the public housing project operator shall consult in advance with the heads of related central administrative agencies, the heads of the competent local governments, local government-invested public corporations, and other related agencies on the designation, change, or cancelation of a complex district and on proposals therefor. <Amended on Jan. 31, 2025>

(7) Where the designating authority intends to designate or change a complex district (excluding where it changes insignificant matters prescribed by Presidential Decree; hereafter in paragraph (8) the same shall apply), it shall hold a hearing to hear the opinions of the residents and relevant experts, etc. after making a public announcement thereon. In such cases, an area the designation of which is publicly announced shall be deemed designated as a prearranged area for an urban public housing complex district (hereinafter referred to as "prearranged area"). <Amended on Jan. 31, 2025>

(8) The designating authority shall return proposals for designation or change of a complex district under paragraph (4) in any of the following cases: <Amended on Jan. 31, 2025>

1. Where the public housing project operator fails to obtain consent of at least 2/3 of the owners of land, etc. and to secure land equivalent to at least 1/2 of the area of the land (referring to obtaining the ownership of the land or obtaining consent for use from the owners of land, etc.) until 1 year elapses from the date of the public announcement on a hearing of the opinions of residents, etc. with respect to the designation or change of the complex district under paragraph (7);

2. Where the need to continuously promote a complex project no longer exists or where it is clearly impracticable to promote it due to changes in circumstances;

3. Where more than 1/2 of the owners of land, etc. request the cancellation of designation of the prearranged area, at least 6 months after the date of the public announcement on a hearing of the opinions of residents, etc. with respect to the designation or change of the complex district under paragraph (7).

(9) When a proposal for designation of a complex district is returned in accordance with paragraph (8), the designation of the prearranged area shall be deemed canceled, and the designating authority shall publicly announce such fact. <Amended on Jan. 31, 2025>

(10) Except as provided in paragraphs (1) through (9), matters necessary for the designation, change, or cancellation of a complex district, such as the types of districts, standards for the designation thereof, methods for proposal, and methods for calculation of the number of consenters, shall be prescribed by Presidential Decree. <Amended on Jan. 31, 2025>

[This Article Added on Jul. 20, 2021]

[The amended provisions of Article 40-7 of the Act (Act No. 18311, Jul. 20, 2021) shall be effective until December 31, 2026 under the provisions of Article 2 of the Addenda to that Act]

Article 40-8(Approval of master plans for urban public housing complex projects) #

(1) Each public housing project operator shall formulate an urban public housing complex project plan (hereinafter referred to as "complex project plan"), including the following, and shall obtain approval from the designating authority: The same shall also apply to changes to an approved complex business plan (excluding changes to insignificant matters prescribed by Presidential Decree):

1. Outline of the complex project plan;

2. A land use plan and an infrastructure installation plan;

3. A plan for construction and housing construction;

4. Measures to relocate residents, including temporary accommodation;

5. Measures for housing and relocating tenants;

6. A plan for supplying developed land;

7. Other matters prescribed by Presidential Decree, as necessary for the implementation of projects.

(2) The competent Mayor/Do Governor shall consult with the Minister of Land, Infrastructure and Transport before approving a complex project plan pursuant to paragraph (1).

(3) When a designating authority intends to approve a complex project plan or any revision thereof pursuant to paragraph (1), it shall make a public announcement and hear the opinions of residents, related experts, etc. <Added on Oct. 24, 2023>

(4) When the approval or approval of change of a complex project plan is granted pursuant to paragraph (1), the following authorization, permission, etc. shall be deemed obtained; and when the approval of a complex project plan is publicly notified, the following public notification of authorization, permission, etc. under statutes shall be deemed to have been made: <Amended on Dec. 27, 2022; Oct. 24, 2023>

1. Approval of housing construction project plans under Article 35 of this Act;

2. A building permit prescribed in Article 11 of the Building Act, a building report prescribed in Article 14 of that Act, any revision to a permit or report prescribed in Article 16 of that Act, permission for or reporting on temporary structures provided for in Article 20 of that Act, and construction consultation provided for in Article 29 of that Act;

3. A permission to extract aggregate under Article 22 of the Aggregate Extraction Act;

4. Examination of publication of maps, etc. under Article 15(3) of the Act on the Establishment and Management of Spatial Data, and reporting on the commencement, change, or completion of projects under Article 86(1) of that Act;

5. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, consultation or approval under Article 10 of that Act, approval of or reporting on an implementation plan under Article 17 of that Act, a reclamation license of public waters under Article 28 of that Act, public notice of a reclamation license under Article 33 of that Act, consultation on or approval for reclamation implemented by the State, etc. under Article 35 of that Act, and approval of and public notice of an implementation plan for reclaiming land in public waters under Article 38 of that Act;

6. Disuse of administrative property under Article 11 of the Public Property and Commodity Management Act and permission to use or profit from administrative property under Article 20 of that Act;

7. Permission to use state property under Article 30 of the State Property Act or the disuse of administrative property under Article 40 of that Act;

8. Determination on an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act; permission for development under Article 56 of that Act; deliberation on development by the Urban Planning Committee under Article 59 of that Act; designation of an implementer of an urban or Gun planning facility project under Article 86 of that Act; preparation of and authorization for an implementation plan under Article 88 of that Act; and granting permission to access to the land of a third person under Article 130(2) of that Act;

9. Change or cancellation of an agricultural promotion area under Article 31 of the Farmland Act; or permission to divert farmland or consultation under Article 34 of that Act;

10. Permission to install a discharging facility and reporting thereon 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;

11. Reflection of matters regarding mass transit systems in a development project plan under Article 9 of the Act on the Support and Promotion of Utilization of Mass Transit System Act;

12. Permission for a person who is not the competent road management authorities under Article 36 of the Road Act to implement a road project, the permission to occupy and use a road under Article 61 of that Act, and consultation with or approval from, the competent road management authorities under Article 107 of that Act;

13. Designation of an urban development zone under Article 3 of the Urban Development Act; the formulation or revision of an urban development project plan under Article 4 of the said Act; the designation of a project implementer under Article 11 of the said Act; the preparation and approval of an implementation plan under Article 17 of the said Act; the submission of a plan for the supply of developed land or other property under Article 26 of the said Act; a permit to use developed land or other property prior to completion under Article 53 of the said Act; or a permit to enter a third party's land under Article 64 (2) of the said Act;

14. Designation of an urban renewal acceleration district under Article 5 of the Special Act on the Promotion of Urban Renewal and the determination of an urban renewal acceleration plan under Article 12 of that Act;

15. Permission regarding a land transaction contract under Article 11 of the Act on Report on Real Estate Transactions.

16. Permission for construction of a private road under Article 4 of the Private Road Act;

17. Permission to fell trees, etc. under Article 14 of the Erosion Control Work Act; or cancellation of the designation of land for erosion control under Article 20 of that Act;

18. Designating a project operator under Article 16 of the Industrial Sites and Development Act, approval of an implementation plan for a project for developing an industrial complex under Article 17 or 18 of that Act, and approval of an implementation plan for a project for developing an urban high-tech industrial complex under Article 18-2 of that Act;

19. Approval of establishment, etc. of factories under Article 13 of the Industrial Cluster Development and Factory Establishment Act;

20. Permission to convert a mountainous district and reporting thereon under Articles 14 and 15 of the Mountainous Districts Management Act, permission to temporarily use a mountainous district and reporting thereon under Article 15-2 of that Act, permission to cut standing trees, etc. and reporting thereon under Article 36(1) or (5) of the Creation and Management of Forest Resources Act, and permission for acts inside a forest protection area and reporting thereon under Article 9(1) and (2)1 and 2 of that Article of the Forest Protection Act; provided, this shall not apply to forests for seed collection and experimental forests under the Creation and Management of Forest Resources Act and a forest genetic resources protection area under the Forest Protection Act;

23. Consultation on energy use programs under Article 10 of the Energy Use Rationalization Act;

24. Approving an implementation plan for a coastal maintenance project under Article 25 of the Coast Management Act;

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

26. Consultations on disaster impact assessment, etc. of a development project under Article 5 of the Countermeasures against Natural Disasters Act;

27. Disposition of a grave, etc. in a third person's land under Article 27 of the Act on Funeral Services and disposition of an unclaimed grave under Article 28 of that Act;

28. Approval for or reporting on a work plan of private-use electric installation pursuant to Article 8 of the Electrical Safety Management Act.

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

30. Permission for the development or use of ground water or reporting thereon under Article 7 or 8 of the Groundwater Act;

31. Consultation on the appropriateness of integrated energy supply under Article 4 of the Integrated Energy Supply Act;

32. Approval of implementation plans for each railroad construction project under Article 9 of the Act on Railroad Construction and Railroad Facilities Management;

33. Permission for occupation and use under Article 42 of the Railroad Service Act;

34. Approval of a project plan under Article 12 of the Installation and Utilization of Sports Facilities Act;

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

36. Permission to engage in activities referred to in Article 6 of the Housing Site Development Promotion Act;

37. Approval for or reporting on installation of waste disposal facilities under Article 29 of the Wastes Control Act;

38. Permission to execute construction works related to public sewerage system under Article 16 of the Sewerage Act, permission for occupation and use of public sewerage system under Article 24 of that Act, and report on installation of private sewerage treatment facilities under Article 34(2) of that Act;

39. Consulting with or approval from the river management authority under Article 6 of the River Act, the modification of a basic river plan and an implementation plan for a river project under Articles 25 and 27 of that Act, permission to execute a river project and authorization of an implementation plan for a river project under Article 30 of the River Act, permission to occupy and use a river under Article 33 of that Act, and permission to use a river water under Article 50 of that Act;

40. Modification of a basic harbor plan under Article 7 of the Harbor Act, permission to execute a harbor development project under Article 9(2) of that Act, and approval of a harbor development project implementation plan under Article 10(2) of that Act;

(5) Where a designating authority intends to approve a complex project plan that contains a matter falling under any subparagraph of paragraph (4), it shall consult in advance with the head of the relevant administrative agency by appending the related documents submitted by the public housing project operator. In such cases, the head of the relevant agency shall present his or her opinion within 30 days from the receipt of the request for consultation, and if no opinion is presented within such period, he or she shall be deemed to have no opinion. <Amended on Oct. 24, 2023>

(6) Where it is deemed that authorization, permission, etc. under any other statute has been granted, made, or completed pursuant to paragraph (4), the license tax, fee, rent, and similar imposed pursuant to the relevant statute shall be exempted. <Amended on Oct. 24, 2023>

(7) Except as provided in paragraphs (1) through (6), matters necessary for approving complex project plans shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2023>

[This Article Added on Jul. 20, 2021]

[The amended provisions of Article 40-8 of the Act (Act No. 18311, Jul. 20, 2021) shall be effective until December 31, 2026 under the provisions of Article 2 of the Addenda to that Act]

[The amended provisions of Article 40-8 of the Act (Act No. 19763, Oct. 24, 2023) shall be effective until December 31, 2026 under the provisions of Article 4 of the Addenda to that Act]

Article 40-10(Expropriation of land) #

(1) A public housing project operator may expropriate or use land, etc., if necessary to implement a complex project in a complex district.

(2) The designation of a complex district and public notice thereof shall be deemed project approval and the public notice thereof under Articles 20(1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects.

(3) The Central Land Tribunal has jurisdiction to adjudicate on the expropriation or use of land, etc. under paragraph (1). <Added on Jan. 31, 2025>

(4) If it is recognized that the price of land that shall be acquired has changed due to the selection of a candidate site under Article 40-7(2); or if a case meets the requirements prescribed by Presidential Decree, the land price officially announced at the time nearest to the date of date of selection of a candidate site, among the officially announced land prices at the point of time for price of the relevant land, officially announced on the base date for pricing the relevant land before the date of selection of a candidate site (referring to the date when the designating authority selects a candidate site and make a public announcement thereof in accordance with Article 40-7(2); hereinafter the same shall apply) shall be deemed the officially announced price under Article 70(1) of the Act on Acquisition of and Compensation for Land for Public Works Projects, notwithstanding Article 70(3) through (5) of that Act. <Added on Jan. 31, 2025>

(5) Where the owners of land, etc. who have acquired and continuously owned the land, etc. in the complex district before the date of selection of a candidate site (in the case of an area which becomes a candidate site due to the change of the candidate site, the date of public announcement after changing the candidate site; hereafter in this Article the same shall apply) transfer all of land, etc. in the complex district they own to a public housing project operator in response to the consultation held under the Act on Acquisition of and Compensation for Land for Public Works Projects, the public housing project operator may pay them compensation in kind, if they so desire. In such cases, the owners of land, etc. under any of the following subparagraphs shall be deemed to have owned the relevant land, etc. continuously before the date of selection of a candidate site: <Amended on Apr. 18, 2023; Oct. 24, 2023; Jan. 31, 2025>

1. A person who has continuously owned a building for which building permission for building under Article 2(2) of the Building Act (including where building permission is deemed granted with approval of a housing project plan in accordance with Article 19 of the Housing Act) has been obtained before the date of selection of a candidate site after completing the registration of ownership preservation until the designation of a complex district is publicly notified;

2. A person who has continuously owned a building, the ownership of which has been transferred until the designation of a complex district is publicly notified after concluding a contract on the transfer of ownership before the date of selection of a candidate site with respect to the building for which building permission for the construction of a building under Article 2(2) of the Building Act (including where building permission is deemed granted after obtaining approval of a housing project plan in accordance with Article 19 of the Housing Act) was obtained before the date of selection of the candidate site and for which registration of ownership preservation was made after the date of selection of the candidate site;

3. A person who has continuously owned land, etc. after acquiring it from the owner of land, etc. who owned it before the date of selection of a candidate site, by reason of inheritance or divorce.

(6) Where a public housing project operator intends to make compensation in kind in accordance with paragraph (5), he or she shall comply with the following standards and procedures; in such cases, a housing supplied as compensation in kind shall be deemed a public housing even if it exceeds the size of the national standard housing under subparagraph 6 of Article 2 of the Housing Act, and a building or land supplied as compensation in kind shall be deemed replotting conducted in accordance with Article 40 of the Urban Development Act: <Amended on Jan. 31, 2025>

1. Persons entitled to compensation with a building: Persons who have transferred the entire land, etc. within the complex district owned by them to a public housing project operator and who meet the requirements prescribed by Presidential Decree; in such cases, where eligible persons compete with one another, the compensation shall be paid preferentially to any person who has a high total amount of compensation with buildings and other matters, such as the priority order and method of determining eligible persons, shall be determined and publicly announced by the public housing project operator;

2. Persons entitled to compensation with land: Persons who has transferred to a public housing project operator all of the land, etc. for facilities prescribed by Presidential Decree, such as religious facilities, facilities for senior citizens and children, and commercial facilities, the scale of which exceeds that prescribed by Presidential Decree; in such cases, compensation shall be paid with land for the same purpose, which is created by the relevant complex project, as prescribed by Presidential Decree;

3. The standard amount for calculating the price of land, etc. subject to compensation: The sale price under Article 40-11 shall be applicable to buildings, and the price of land shall be determined by a public housing project operator, as prescribed by Presidential Decree;

4. Criteria for calculating rights: The calculation of the rights of a public housing business operator to compensation in kind shall be based on the time the agreement for compensation in kind is concluded; provided, if the land, etc. subject to compensation in kind falls under any of the following items after the date of selection of a candidate site, the right to receive compensation in kind shall be calculated based on the date of selection of a candidate site:

a. Where a parcel of land is divided into several parcels;

b. Where the same person jointly owns land or a building or disposes of part of the joint share of land or a building;

c. When detached housing or multi-unit housing is converted to multi-household housing, the number of owners of land, etc. increases;

d. Where the number of owners of land, etc. increases due to the division of the section for exclusive possession under subparagraph 3 of Article 2 of the Act on Ownership and Management of Condominium Buildings;

e. Where 1 or more parcels of land or a building, such as a house, owned by the same person are separated, thereby increasing the number of owners of land, etc.;

f. Where the number of owners of land, etc. increases as a new building is constructed on a vacant lot or multi-household housing or other multi-family housing is constructed after demolishing existing buildings;

5. Public announcement of compensation criteria, etc.: When a compensation plan is publicly announced in accordance with Article 15 of the Act on Acquisition of and Compensation for Land for Public Works Projects, such announcement shall include criteria for providing compensation in kind or shall include a content that such criteria will be separately publicly announced in daily newspapers.

(7) Notwithstanding paragraph (5), a public housing project operator may pay compensation in kind to the owners of land, etc. who acquire land, etc. in the relevant complex district on or after the date of selection of a candidate site in any of the following cases: <Added on Jan. 31, 2025>

1. Where all of the following matters are satisfied:

a. Where the owners of land, etc. acquire land, etc. within the period prescribed by Presidential Decree after the date of selection of a candidate site, from the date of public announcement of the standards, etc. for compensation in kind in accordance with the latter part of paragraph (6)1 to the date of occupancy, as a non-homeowner (a person prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as a person who owns a house in the relevant complex district, shall be deemed a non-homeowner);

b. Where the number of persons entitled to compensation in kind with respect to the relevant land, etc. does not increase;

c. Where ownership is transferred from a person who has continuously owned land, etc. before the date of selection of the candidate site; provided, if ownership is transferred due to a transaction, it shall be limited to where a special agreement is made to succeeds to the status of receiving compensation in kind and the fact is confirmed by the public housing project operator in the manner determined by the Minister of Land, Infrastructure and Transport;

2. Where a victim of Jeonse frauds under the Special Act on Support for Jeonse Fraud Victims and Housing Stabilization acquires a house affected by Jeonse frauds under that Act.

(8) A right to compensation in kind shall not be subject to resale (including trading and all other acts accompanied by a change in rights, but excluding inheritance and other cases prescribed by Presidential Decree) from the date on which compensation in kind is determined until the purchase agreement of a building or land supplied as compensation in kind is concluded, and if this is not complied with, a public housing project operator may cancel the relevant agreement on compensation in kind and pay it in cash. In such cases, the interest rate on compensation in cash shall be 1/2 of the interest rate under Article 63(9)1a of the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Oct. 24, 2023; Jan. 31, 2025>

(9) Except as provided in this Act, the expropriation or use of land, etc. or compensation for loss under paragraph (1) shall be governed by the Act on Acquisition of and Compensation for Land for Public Works Projects; provided, the standards and procedures for compensation for loss, such as the formulation of relocation measures in implementing a complex project, may be prescribed by Presidential Decree. <Amended on Oct. 24, 2023; Jan. 31, 2025>

(10) An application for adjudication on the expropriation or use of land, etc. under paragraph (1) may be filed within the implementation period of the relevant complex project from the time the complex district is designated, notwithstanding Articles 23(1) and 28(1) of the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Oct. 24, 2023; Jan. 31, 2025>

(11) A relevant person referred to in subparagraph 5 of Article 2 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall be deemed to include a person who has acquired superficies, easement, right to lease on a deposit basis and mortgage, right by a loan for use or lease, or rights other than the ownership of land, or a person who has acquired ownership or other rights to goods on the land by the deadline prescribed by Presidential Decree, with respect to the land, etc. subject to compensation in kind in accordance with paragraph (7). <Added on Jan. 31, 2025>

(12) Except as provided in paragraphs (3) through (7), matters necessary for compensation in kind, such as criteria for supplying buildings and land, shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2023; Jan. 31, 2025>

[This Article Added on Jul. 20, 2021]

[The amended provisions of Article 40-10 of the Act (Act No. 18311, Jul. 20, 2021) shall be effective until December 31, 2026 under the provisions of Article 2 of the Addenda to that Act]

[The amended provisions of Article 40-10 of the Act (Act No. 19763, Oct. 24, 2023) shall be effective until December 31, 2026 under the provisions of Article 4 of the Addenda to that Act]

Article 41(Purchase of insolvent rental housing units by public housing project operators) #

(1) Any public housing project operator may purchase housing units designated and publicly notified by the Minister of Land, Infrastructure and Transport, among insolvent rental housing units (referring to the insolvent rental housing units, etc. under subparagraph 8 of Article 2 of the Rental Housing Act among housing units falling under subparagraph 2-2 of that Article, before it is Amended on 13499; hereinafter the same shall apply) and supply them as public rental housing units. <Amended on Jul. 16, 2013; Jan. 14, 2014; Aug. 28, 2015>

(2) Where a lessee of a dilapidated rental housing unit gives consent to the public housing project operator to purchase his or her rental housing unit before it is designated or publicly notified under paragraph (1), he or she shall be deemed to have transferred the right of preferential purchase (referring to the right under Article 22 of the Rental Housing Act before it is Amended on 13499) granted to the lessee to the public housing project operator. In such cases, the public housing project operator may file a report on preferential purchase without providing a guaranty prescribed in Article 113 of the Civil Execution Act. <Added on Jul. 16, 2013; Aug. 28, 2015>

(3) The State or a local government may provide a subsidy to any public housing project operator who purchases insolvent rental housing units, based on the level of subsidization from its funds or the Housing and Urban Fund to the construction of public housing. <Amended on Jul. 16, 2013; Jan. 14, 2014; Jan. 6, 2015; Aug. 28, 2015; Jun. 9, 2020>

(4) Where a public housing project operator is provided with a subsidy or Housing and Urban Fund under paragraph (3), he or she may use the remainder after deducting the housing repair cost, etc. within the amount subsidized to cover the rental deposit of the lessee. <Added on Jul. 16, 2013; Jan. 6, 2015; Aug. 28, 2015>

(5) The procedures for purchasing dilapidated rental housing units and matters necessary for the subsidization for each public housing project operator shall be prescribed by Presidential Decree; while guidelines for such purchasing and other relevant matters shall be separately determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jul. 16, 2013; Aug. 28, 2015>

[Title Amended on Aug. 28, 2015]

Article 43(Purchase of existing homes by public housing project operators) #

(1) Any public housing project operator may purchase buildings that have undergone a pre-use inspection under Article 49 of the Housing Act or that are approved for use under Article 22 of the Building Act, which are homes, etc. that meet the size requirements and other standards prescribed by Presidential Decree (hereinafter referred to as "existing homes, etc.") to supply them as buy-to-rent public housing. <Amended on Jan. 14, 2014; Aug. 28, 2015; Jan. 19, 2016; Aug. 18, 2020>

(2) The State or a local government may provide a subsidy to any public housing project operator who purchases existing homes, etc. under paragraph (1), based on the level of subsidization from its funds or the Housing and Urban Fund to the construction of public housing. <Amended on Jan. 14, 2014; Jan. 6, 2015; Aug. 28, 2015; Jun. 9, 2020; Aug. 18, 2020>

(3) Where a person who has built housing units and concluded an agreement to sell them to a public housing project operator pursuant to paragraph (1) applies for approval of a project plan under Article 15 of the Housing Act or applies for building permission under Article 11 of the Building Act, a person authorized to approve project plans under Article 15 of the Housing Act or a permitting authority under Article 19 of the Building Act may apply the standards for the establishment of parking lots prescribed by Presidential Decree, notwithstanding Article 12-3 and 19 of the Parking Lot Act and Article 35 of the Housing Act. <Added on Aug. 18, 2020>

(4) Where a person who has built housing units in compliance with the standards for the establishment of parking lots under paragraph (3) undergoes a pre-use inspection under Article 49 of the Housing Act or obtains approval for use under Article 22 of the Building Act, a public housing project operator shall request the sale of the relevant housing units within one month from the date of the pre-use inspection or approval for use, unless there is a compelling reason not to do so prescribed by the Minister of Land, Infrastructure and Transport. <Added on Aug. 18, 2020>

(5) A person requested to sell housing units under paragraph (4) shall sell them within two months from the date of receipt of such request. <Added on Aug. 18, 2020>

(6) Where a person requested to sell housing units pursuant to paragraph (4) fails to sell them pursuant to paragraph (5), a public housing project operator shall notify such fact to a person authorized to conduct pre-use inspections for use under Article 49 of the Housing Act or a person authorized to approve use under Article 22 of the Building Act. <Added on Aug. 18, 2020>

(7) The procedures for purchasing existing homes, etc. and matters necessary for the subsidization for each public housing project operator shall be prescribed by Presidential Decree; while the guidelines for such purchase and other relevant matters shall be separately determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Aug. 28, 2015; Aug. 18, 2020>

[Title Amended on Aug. 28, 2015; Aug. 18, 2020]

Article 48-5(Provision of financial information) #

(1) Notwithstanding Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(1) of the Credit Information Use and Protection Act, the Minister of Land, Infrastructure and Transport may request the head of any financial institution, etc. (referring to a financial company, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and a credit information collection agency under Article 25 of the Credit Information Use and Protection Act) to provide financial information, credit information or insurance information (hereinafter referred to as "financial information, etc.") by sending a written consent submitted by an applicant, etc. for the supply of a public housing unit pursuant to Article 48-4(1), which is converted into an electronic form.

(2) Notwithstanding Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(1) and (3) of the Credit Information Use and Protection Act, the head of any financial institution, etc. in receipt of a request to provide financial information, etc. in accordance with paragraph (1) shall provide the financial information, etc. of the title holder.

(3) The head of a financial institution, etc. which has provided financial information, etc. pursuant to paragraph (2) shall notify the title holder of such fact; provided, where the title holder's consent has been obtained, he or she need not notify it, notwithstanding Article 4-2(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 35 of the Credit Information Use and Protection Act.

(4) Making a request for financial information, etc. and providing such under paragraphs (1) and (2) shall be processed through an information and communications network defined in Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; provided, the same shall not apply in extenuating circumstances, such as where the information and communications network malfunctions.

(5) No person who engages or has engaged in the duties referred to in paragraphs (1) and (2) shall misappropriate any financial information, etc. acquired while performing such duties for purposes other than those prescribed by this Act or provide or divulge it to any third person or institution.

(6) Matters necessary for requesting financial information, etc., the provision thereof, and other relevant matters under paragraphs (1), (2), and (4) shall be prescribed by Presidential Decree.

[This Article Added on Aug. 28, 2015]

Article 48-6(Request for data) #

(1) The Minister of Land, Infrastructure and Transport may request the heads of related institutions to provide the following data necessary for verifying the qualifications of applicants for supplying public housing or for investigating the status of tenants of public housing under Article 49-7. In such cases, the heads of the relevant institutions in receipt of such request shall comply therewith unless there is a compelling reason not to do so: <Amended on Mar. 20, 2018>

1. Registered matters concerning family relations under Article 9(1) of the Act on the Registration of Family Relationships or electronic information data of resident registration (including personally identifiable information, such as resident registration numbers and alien registration numbers) under Article 30(1) of the Resident Registration Act;

2. Data on national taxes and local taxes;

3. Data on all types of pensions, insurances, and benefits, such as the national pension, public officials pension, public officials accident compensation benefits, veterans' pension, private school teachers pension, special post office pension, pension for persons with disabilities, health insurance, employment insurance, industrial accident compensation insurance, and veteran's benefits;

4. Data on real estate and motor vehicles, such as the register defined in subparagraph 1 of Article 2 of the Registration of Real Estate Act, building register under Article 38 of the Building Act, and motor vehicle register under Article 5 of the Motor Vehicle Management Act;

5. Data on entries into and departures from Korea.

(2) No current or former public official belonging to the Ministry of Land, Infrastructure and Transport and the executive officers and employees of an institution delegated or entrusted with the authority pursuant to Article 53 shall use the information and data received pursuant to paragraph (1) for purposes other than those prescribed in this Act or provide or divulge it to any third person or institution.

(3) Any data provided to the Minister of Land, Infrastructure and Transport pursuant to paragraph (1) or an institution delegated or entrusted with the authority pursuant to Article 53 shall be subject to exemption from the fees for use, relevant charges, etc.

[This Article Added on Aug. 28, 2015]

Article 49(Rental conditions for public rental housing units) #

(1) The standards for rental conditions, such as rent (referring to a deposit and monthly rent; hereinafter the same shall apply) for a public rental housing unit shall be prescribed by Presidential Decree.

(2) When a public housing project operator requests an increase in rent (including where a lease agreement is to be renewed), it shall be increased by up to 5/100 of the rent, taking into account the price index of housing expenses, reflecting such factors as the rents for homes in the neighboring area, etc. In such cases, no rent shall be further increased within one year after such increase.

(3) Where a deposit, out of the rent, is increased pursuant to paragraph (2), a lessee may pay the increased portion in installments as prescribed by Presidential Decree.

(4) Rental conditions, such as rents, for public rental housing may be determined differentially based on the income level of individual lessees, the sizes of public rental housing units, etc. In such cases, paragraphs (2) and (3) shall not apply where a rent is modified due to changes in income levels, etc.

(5) A public housing project operator who intends to mutually convert a deposit and monthly rents shall notify the lessee of the matters prescribed by Presidential Decree, such as the amount of the loan from the Housing and Urban Fund for the construction of the relevant housing and the established amount of security rights in rem, such as mortgage.

(6) A public housing project operator shall report the details regarding a lease agreement, such as rental conditions, for the public rental housing to the head of the competent Si/Gun/Gu. In such cases, Article 46 of the Special Act on Private Rental Housing shall apply mutatis mutandis to the methods, etc. of reporting.

(7) A public housing project operator may collect rent calculated in accordance with the standards prescribed by Presidential Decree for any equity owned by him or her from a person supplied with an accumulated equity housing unit for sale during a period of shared ownership of said housing unit. <Added on May 18, 2021>

[This Article Added on Aug. 28, 2015]

[Previous Article 49 moved to Article 52-2 <Aug. 28, 2015>]

Article 49-5(Restrictions on resale of accumulated equity housing unit for sale) #

(1) Notwithstanding Article 64(1) of the Housing Act, resale shall not be allowed nor shall it be arranged with respect to the ownership shares of accumulated equity housing unit for sale or to the status of persons selected as occupants of said type of housing unit before a period prescribed by Presidential Decree has elapsed for a period of up to 10 years.

(2) Except as provided in this Act, Articles 64 (excluding paragraph (1) of that Article) and 92 of the Housing Act shall apply mutatis mutandis to the restriction on resale, etc. of any accumulated equity housing unit for sale under paragraph (1).

(3) Where a person supplied with an accumulated equity housing unit for sale intends to resell all of his or her ownership equity in the housing unit before acquiring the full ownership of the relevant housing unit after expiration of the resale restriction period under paragraph (1), he or she shall resell the entire ownership of the relevant housing unit, together with the ownership equity owned by the public housing project operator with the consent of said public housing project operator; provided, the same shall not apply where the ownership equity in the relevant house is given to a spouse.

(4) Where an accumulated equity housing unit for sale is resold under paragraph (3) and where the sale price is higher than the purchase price prescribed by Presidential Decree, the difference shall be divided between the public housing project operator and the person supplied with the relevant unit based on the percentage of equity owned by each at the time of resale.

(5) Notwithstanding Article 268 of the Civil Act, a claim for division of jointly-owned asset shall not be filed during the period in which a person supplied with an accumulated equity housing unit for sale and a public housing project operator share ownership of the relevant housing unit.

(6) Notwithstanding the main clause, with the exception of the subparagraphs, of Article 57-2(1) of the Housing Act, a person supplied with an accumulated equity housing unit for sale (excluding those who inherited said type of housing units; hereafter in this Article referred to as "mandatory resident") shall reside in the relevant housing unit for a specified period prescribed by Presidential Decree (hereinafter referred to as "mandatory residence period"), not exceeding five years from the earliest possible date of moving-in; provided, if there is an unavoidable cause prescribed by Presidential Decree, such as staying abroad, a person shall be deemed to have resided in the relevant housing unit for the period. <Amended on Oct. 24, 2023>

(7) If a mandatory resident intend to relocate their residence within the mandatory residence period without any reason under paragraph (6), the mandatory resident shall request that the public housing project operator purchase the house as prescribed by Presidential Decree. <Amended on Oct. 24, 2023>

(8) Where receiving a request for purchase under paragraph (7) or becoming aware that a mandatory resident has violated paragraph (6), the public housing project operator shall purchase the relevant house after hearing opinions on the relevant violation in accordance with the procedures prescribed by Presidential Decree unless there is a compelling reason prescribed by Presidential Decree not to do so. <Added on Oct. 24, 2023>

(9) Where a public housing project operator purchases a house pursuant to paragraph (8), and pays the mandatory resident an amount equal to the rent paid by the mandatory resident and the interest applied to the rent at the average interest rate of a one-year term deposit of a bank under the Banking Act, the public housing organization shall be deemed to have acquired the house on the date of such payment. <Added on Oct. 24, 2023>

(10) The public housing project operator shall add to the ownership registration a supplementary registration for the obligation of the mandatory resident to constantly reside during the mandatory residence period. In such cases, the supplementary registration shall be made at the same time as the registration of indefeasible ownership. <Added on Oct. 24, 2023>

(11) Where a mandatory resident constantly resides during the mandatory residence period and receives confirmation of such fact from the Minister of Land, Infrastructure and Transport or the head of a local government, the supplementary registration under paragraph (10) may be canceled. In such cases, the task of confirming the facts may be entrusted to a public housing project operator as prescribed by Presidential Decree. <Added on Oct. 24, 2023>

(12) Matters concerning the details and cancellation of the supplementary registration shall be prescribed by Presidential Decree. <Added on Oct. 24, 2023>

(13) Where a public housing project operator has acquired any accumulated equity housing unit for sale pursuant to paragraphs (8) and (9), he or she shall re-supply it as accumulated equity housing unit for sale, as prescribed by Ministerial Decree of the Land, Infrastructure and Transport. <Added on Jul. 20, 2021; Oct. 24, 2023>

(14) No person supplied with housing under paragraph (13) shall resell the housing for the remaining period of the resale restriction under paragraph (1) and such person shall constantly reside in the housing for the remaining mandatory residence period. <Added on Oct. 24, 2023>

(15) Paragraph (1) shall not apply if a public housing project operator acquires housing in accordance with paragraphs (8) and (9) or supplies housing in accordance with paragraph (13). <Added on Oct. 24, 2023>

[This Article Added on May 18, 2021]

Article 49-7(Investigations of status of dwelling in public housing units) #

(1) In order to verify the following, the Minister of Land, Infrastructure and Transport or the head of the relevant local government may request an occupant or lessee to submit necessary documents, etc. and require affiliated public officials to enter the relevant housing unit for investigation or to inquire as necessary with interested persons. In such cases, the occupant or lessee who has been requested to submit documents, etc. or to allow entry for investigation, or asked necessary questions shall comply unless there is a compelling reason not to do so, such as overseas business travel of all household members: <Amended on Mar. 23, 2013; Aug. 28, 2015; Aug. 20, 2019; Nov. 26, 2019; Jun. 9, 2020; Aug. 18, 2020; Oct. 24, 2023>

1. Whether the lessee actually resides in the relevant housing unit and whether a person other than the lessee resides in the housing unit;

2. Whether the lease right has been transferred or the relevant rental housing unit is subleased as referred to in Article 49-4;

3. Whether the mandatory resident under Articles 49-5 and 49-10 actually resides in the relevant house;

4. Whether the relevant rental housing unit is being used for any other purpose.

(2) If necessary for conducting an investigation pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport or the head of the relevant local government may request the relevant administrative agencies, related organizations, etc. to provide data in order to verify information on resident registration and whether tenants actually reside in the registered address. In such cases, the relevant administrative agencies, related organizations, etc. in receipt of a request to provide data, shall comply with such request, unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Jun. 9, 2020>

(3) Any person who enters housing units, conducts investigations and asks questions as prescribed in paragraph (1) shall carry a certificate prescribed by Ministerial Decree of the Land, Infrastructure and Transport and produce it to interested persons, and issue a document stating the name of the investigator, time and purpose of entry, etc. to such interested persons. <Amended on Aug. 28, 2015>

(4) Necessary matters, such as data the Minister of Land, Infrastructure and Transport or the heads of local governments may request from the relevant administrative agencies, related organizations, etc. in order to verify whether a lessee actually resides in the rental housing unit, etc. as prescribed in paragraphs (1) and (2), shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Aug. 28, 2015>

(5) The Minister of Land, Infrastructure and Transport or the heads of local governments shall notify the designated agency for computerized management of information on the lessee whose illegal act is confirmed pursuant to paragraph (1)2. <Added on Aug. 9, 2017>

(6) The designated agency for computerized management shall make computerized management of the information referred to in paragraph (5). <Added on Aug. 9, 2017>

(7) No person who is or was a public official of the Ministry of Land, Infrastructure and Transport or a local government shall use information and data that he or she has obtained under paragraphs (1), (2), and (4) for purposes other than those prescribed in this Act or provide or divulge such information and data to other persons or institutions. <Added on Oct. 24, 2023>

[This Article Added on Apr. 5, 2010]

[Title Amended on Aug. 28, 2015]

[Moved from Article 50-5 <Aug. 28, 2015>]

Article 49-10(Supply and disposal of profit-sharing housing unit for sale) #

(1) Repurchase conditions may be imposed depending on detailed types of supply and persons eligible to get supply in order to facilitate the supply of profit-sharing housing units for sale. In such cases, necessary matters, such as conditions of repurchase, criteria for calculating repurchase prices, supply prices, etc. shall be prescribed by Presidential Decree.

(2) Where a person supplied with a profit-sharing housing unit for sale intends to dispose of the relevant housing [including the status of being selected as an occupant of the relevant housing (including the rights, qualifications, status, etc. of an occupant to move into the relevant housing)], he or she shall apply for the purchase of the relevant housing to a public housing business operator according to the repurchase conditions under paragraph (1).

(3) Where a public housing project operator who has received an application for purchase pursuant to paragraph (2) redeems profit-sharing housing unit for sale, he or she shall share the profit and loss of the disposal with the public housing project operator according to the criteria prescribed by Presidential Decree in consideration of the supply prices, etc. of the relevant housing.

(4) Where a person who has been supplied with a profit-sharing housing unit for sale intends to dispose of such housing, an additional registration regarding its ownership shall me made to the effect that it is a housing redeemed by a public housing project operator. In such cases, the additional registration shall be made simultaneously with the registration of initial ownership of real estate, and details to be included in the additional registration shall be prescribed by Presidential Decree.

(5) Article 64 of the Housing Act shall not apply to the restriction on resale of profit-sharing housing units for sale.

(6) Notwithstanding the main clause, with the exception of the subparagraphs, of Article 57-2(1) of the Housing Act, a person supplied with a profit-sharing housing unit for sale (excluding those who inherited such housing units) shall reside in the relevant housing unit for a specified period prescribed by Presidential Decree, not exceeding five years from the earliest possible date of moving-in; provided, if there is an unavoidable cause prescribed by Presidential Decree, such as staying abroad, a person shall be deemed to have resided in the relevant housing unit for the period. <Amended on Oct. 24, 2023>

(7) Article 49-5(7) through (12) shall apply mutatis mutandis to the obligation to reside in types of profit-sharing housing unit for sale under paragraph (6). <Amended on Oct. 24, 2023>

(8) Articles 591, and 593 through 595 of the Civil Act shall not apply to the repurchase of profit-sharing housing units for sale.

(9) Where a public housing project operator repurchases the status of being selected as an occupant of a profit-sharing housing unit for sale or acquires the relevant housing by applying mutatis mutandis Article 49-5(8) and (9) pursuant to paragraph (7), he or she shall resupply it as a profit-sharing housing unit for sale, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Oct. 24, 2023>

(10) A person supplied with housing under paragraph (9) shall constantly reside in the housing for the remaining mandatory residence period under paragraph (6). <Added on Oct. 24, 2023>

[This Article Added on Jul. 20, 2021]

Article 50-3(Preferential conversion for sale of public rental housing units) #

(1) A public housing project operator who, after the lapse of the obligatory lease period, makes conversion for sale of any rental housing unit publicly constructed for the purpose of conversion for sale after the lease, shall convert it for sale preferentially (hereinafter referred to as "preferential conversion for sale") to any of the following persons. In such cases, such matters as the methods, procedures, etc. for preferential conversion for sale shall be prescribed by Presidential Decree: <Amended on Dec. 22, 2020>

1. Where a lessee residing in the relevant rental housing unit at the time of conversion for sale falls under any of the following:

a. Where the lessee is a non-homeowner who has resided in the relevant rental housing unit continuously from the time of moving into the relevant rental housing unit until the conversion for sale;

b. Where the lessee is a non-homeowner who moved into a publicly-constructed rental housing unit and owned another housing unit by inheritance, adjudication, or marriage but disposes of the another housing unit until the time of conversion for sale while having continued to reside in the relevant rental housing unit from the time of moving-in until the conversion for sale;

c. Where the lessee is a person taking over the lease right under the proviso of Article 49-4, who is a non-homeowner having resided in the relevant rental housing unit from the date of transfer until the conversion for sale;

d. Where the lessee is a person selected as an occupant of the relevant rental housing unit in the order of arrival, who meets the standards for homeownership among the requirements for the occupation of the relevant rental housing unit at the time of conversion for sale while having resided continuously from the occupancy date until the conversion for sale;

e. Where the area for exclusive use of the relevant rental housing unit in which he or she resides at the time of conversion for sale exceeds 85 square meters;

2. State agencies or corporations which are the lessees of the relevant rental housing units at the time of conversion for sale.

(2) A public housing project operator shall notify the lessee of the relevant public rental housing unit of the matters concerning preferential conversion for sale under paragraph (1), such as the qualifications and prices for preferential conversion for sale, after the expiry of the obligatory lease period for the publicly-constructed rental housing unit. In such cases, where the lessee who has been notified as qualified for preferential conversion for sale intends to accept the preferential conversion for sale, he or she shall conclude a contract for preferential conversion for sale within six months (referring to 12 months, in cases of publicly-constructed rental housing units with a 10-year obligatory lease period) after receipt of such notification. <Added on Dec. 22, 2020>

(3) A lessee who intends to accept preferential conversion for sale under paragraph (1) shall submit documents verifying whether he or she resides in the relevant public housing unit, as prescribed by Ministerial Decree of the Land, Infrastructure and Transport. In such cases, a public housing project operator shall verify the documents submitted by the lessee, as prescribed by Ministerial Decree of the Land, Infrastructure and Transport. <Added on Dec. 22, 2020>

(4) In any of the following cases, a public housing project operator may sell the relevant rental housing unit to a third party at a price not exceeding the price for conversion for sale notified under paragraph (2), as prescribed by Ministerial Decree of the Land, Infrastructure and Transport: <Amended on Dec. 22, 2020>

1. Where there is no person having the qualifications for preferential conversion for sale under paragraph (1);

2. Where the lessee fails to conclude a contract for preferential conversion for sale within six months (referring to 12 months, in cases of publicly-constructed rental housing units with a 10-year obligatory lease period) from the date the public housing project operator notifies the lessee of matters concerning preferential conversion for sale pursuant to paragraph (2).

(5) Appraisal for the computation of the price for conversion for sale under paragraph (1) and the price for sale under paragraph (4) shall be conducted by an appraisal and assessment entity selected by the head of a Si/Gun/Gu as prescribed by Presidential Decree, on condition that the public housing project operator bears the expenses therefor; provided, where a public housing project operator or a lessee who has obtained consent from a majority of lessees (where a council of lessees' representatives is organized, referring to the council of lessees' representatives) raises an objection by falling under any matter prescribed by Presidential Decree concerning the appraisal and assessment, the head of the Si/Gun/Gu may allow reappraisal only once as prescribed by Presidential Decree, such as the bearing of the expenses by the person who has raised such objection. <Amended on Dec. 22, 2020>

(6) Notwithstanding paragraph (5), where a public housing project operator intends to sell publicly-constructed rental housing units to a third party pursuant to paragraph (4) and where one year has passed since the appraisal under paragraph (5) was completed, the price for sale may be recalculated pursuant to that paragraph. <Added on Dec. 22, 2020>

[This Article Added on Aug. 28, 2015]

[Title Amended on Dec. 22, 2020]

[Previous Article 50-3 moved to Article 49-6 <Aug. 28, 2015>]

Article 57(Penalty provisions) #

(1) A person who uses undisclosed information related to the designation of a housing zone or proposal for the designation of a housing zone for purchase or sale of real estate, etc. or other transactions; or provides or divulges such information to others, in violation of Article 9(2) or (4) (including cases applied mutatis mutandis by Article 40-17), shall be punished by imprisonment with labor for up to five years, or by a fine equivalent to at least three times but not more than five times the amount of property gains obtained or losses avoided; provided, where the amount of profit gained or loss avoided from a violation does not exist, or where it is difficult to calculate such amount, or where the amount equivalent to five times the property gains or the loss avoided from such violation does not exceed one billion won, the maximum amount of a fine shall be one billion won. <Amended on Apr. 1, 2021; Jul. 20, 2021; Oct. 24, 2023>

(2) Where the amount of profit gained or loss avoided from the violation under paragraph (1) exceeds 500 million won, imprisonment with labor under paragraph (1) shall be aggravated as follows: <Added on Apr. 1, 2021>

1. If the amount of profit gained or loss avoided is at least five billion won, imprisonment with labor for an indefinite term or for a term of at least five years;

2. If the amount of profit gained or loss avoided is at least 500 million won, but not more than five billion won, imprisonment with labor for a limited term of at least three years.

(3) Where any person is punished by imprisonment with labor under paragraph (1) or (2), the fine prescribed in paragraph (1) shall be imposed concurrently. <Added on Apr. 1, 2021>

(4) The goods or property gains acquired by a person who committed an offense under paragraph (1) or knowingly acquired by a third party due to such offense shall be confiscated; provided, where it is impracticable to confiscate the same, the value of said goods or property gains shall be collected. <Added on Apr. 1, 2021>

(5) A person who uses, provides, or divulges information or data, in violation of Article 49-7(7), shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won. <Added on May 18, 2021; Jul. 20, 2021; Oct. 24, 2023>

(6) Any person who uses, provides, or divulges financial information, etc. in violation of Article 48-5(5) (including cases applied mutatis mutandis in accordance with Article 48-8; hereafter in Article 57-4 the same shall apply) shall be punished by imprisonment with labor for up to 5 years or by a fine not exceeding 30 million won. <Amended on Aug. 28, 2015; Apr. 30, 2019; Apr. 1, 2021; May 18, 2021; Jan. 31, 2025>

Article 57-3(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for up to three years, or by a fine not exceeding 30 million won; provided, a person falling under subparagraphs 4 through 6, in whose case three times the amount of gain from the violation exceeds 30 million won, shall be punished by imprisonment with labor for up to three years, or by a fine not exceeding three times the amount of such gain: <Amended on Dec. 22, 2020; May 18, 2021; Jul. 20, 2021>

1. A person who rents, or causes another person to rent, a rental housing unit by fraud or other improper means;

2. A person who selects, or is selected as, a contractor, in violation of Article 40-12;

3. A person who transfers the right to rent a public rental housing unit or subleases or arranges to sublease a public rental housing unit, in violation of Article 49-4;

4. A person who resells the status of being selected as an occupant or ownership equity in a housing unit or a person who mediates such resale, in violation of Article 49-5(1);

5. A person who resells the ownership equity in a housing unit without obtaining consent from a public housing project operator, in violation of Article 49-5(3);

6. A person who disposes of a housing unit to a person other than a public housing project operator, in violation of Article 49-10(2);

7. A public housing project operator who fails to make preferential conversion for sale to sell a housing unit a person who meets the qualifications under Article 50-3(2) after notifying him or her of the matters relating to preferential conversion for sale pursuant to paragraph (2) of that Article; provided, the same shall not apply where the person who meets the requirements under Article 50-3(1) fails to accept a contract for preferential conversion for sale.

[This Article Wholly Amended on Aug. 20, 2019]

[The amended provisions of subparagraph 2 of Article 57-3 of the Act (Act No. 18311, Jul. 20, 2021) shall be effective until December 31, 2026 under the provisions of Article 2 of the Addenda to that Act]

Article 59(Joint penal provisions) #

If the representative of a corporation or an agent, employee, or other staff member of the corporation or an individual commits an offense under any of Articles 57, 57-2 through 57-4, or 58 in connection with the businesses of the corporation or the individual, not only shall such offender be punished, but the corporation or the individual shall also be punished by a fine prescribed in the relevant Article; provided, the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense. <Amended on Aug. 28, 2015>

The amended provisions of Articles 50-3, 57-3, and 60 shall also apply to publicly-constructed rental housing units, whose conversion for sale under the previous Article 50-3 is not completed as at the time this Act enters into force. In such cases, notification of conversion for sale under the previous Article 50-3(2) shall be deemed notification of conversion for sale under the amended provisions of Article 50-3(2), and the period during which the lessee should accept preferential conversion for sale pursuant to the amended provisions of Article 50-3(2) shall be counted from the date a public housing project operator notifies the lessees of conversion for sale pursuant to the previous Article 50-3(2). (1) A person who sells the relevant rental housing unit to a third party at a price exceeding the price for preferential conversion for sale notified to the lessee pursuant to Article 50-3(2), in violation of paragraph (4) of that Article, shall be subject to an administrative fine equivalent to twice the profit acquired from such violation; provided, the same shall not apply where the price for sale varies due to the appraisal at the time of recalculation of the sale price under Article 50-3(6). <Added on Dec. 22, 2020>

(2) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Added on Jan. 31, 2025>

1. A person who fails to use the standard lease agreement, in violation of Article 49-2(1);

2. A person who fails to accumulate, or fails to deliver to the council of occupants' representatives, the reserves for appropriations for special repairs, in violation of Article 50-4(1) or (2).

(3) Any of the following persons shall be subject to an administrative fine not exceeding 3 million won: <Amended on Apr. 5, 2010; Jan. 17, 2012; Aug. 28, 2015; Nov. 26, 2019; Aug. 18, 2020; Dec. 22, 2020; Apr. 1, 2021; May 18, 2021; Jul. 20, 2021; Jan. 31, 2025>

1. A person who refuses to submit documents, etc., under Article 9(6), submits false documents, etc., or refuses, obstructs, or evades the entry by, or investigation or inquiry from the relevant institution or enterprise, without good cause;

2. A person who refuses or obstructs any activities conducted by a public housing project operator under Article 26(1), without good cause;

3. A person who fails to submit a report or material under Article 54(1) or submits a false report or material;

4. A person who refuses or obstructs an inspection conducted under Article 54(1);

4-2. Deleted; <Oct. 24, 2023>

5. A person who fails to apply for status as occupants or for purchase of a housing unit to a public housing project operator, in violation of Article 49-6(1);

6. A person who refuses to submit documents, etc., or obstructs or evades entry into the relevant housing unit, investigation thereof, or inquiries under Article 49-7(1);

7. A person who fails to report on a lease agreement under Article 49(6) or submits a false report;

8. A person who fails to verify whether or not the lessee resides in the relevant housing unit, in violation of Article 50-3(3);

9. A person who transfers a publicly-constructed rental housing converted for sale without reporting on the transfer of the publicly-constructed rental housing converted for sale, in violation of Article 50-5(1).

(4) Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Land, Infrastructure and Transport or the head of a local government. <Amended on Mar. 23, 2013; Dec. 22, 2020; Jan. 31, 2025>

SPECIAL ACT ON PUBLIC HOUSING

Article 1(Purpose) #

Article 2(Definitions) #

Article 2-2(Mutatis mutandis application to quasi-housing) #

Article 3(Plans for supply and management of public housing) #

Article 3-2(Funding for public housing and tax support) #

Article 4(Public housing project operators) #

Article 5(Relationship to other statutes) #

Article 6(Designation of public housing zones) #

Article 6-2(Designation of special management areas) #

Article 6-3(Management of special management areas) #

Article 6-4(Canceling designation of special management areas) #

Article 6-5(Measures for buildings in special management areas) #

Article 7(Designation of medium and small size housing zones within residential areas) #

Article 7-2(Rearrangement of neighboring areas of housing zones) #

Article 8(Consultations with relevant agencies for designation of housing zones) #

Article 9(Measures for prevention of speculation in real estate and security management) #

Article 10(Gathering consensus from residents) #

Article 11(Restrictions on activities) #

Article 12(Public notice of designation of housing zones) #

Article 13(Special cases concerning application of the National Land Planning and Utilization Act) #

Article 14(Special cases concerning application of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin) #

Article 15(Preferential designation of public housing project operators) #

Article 16(Application for approval for housing zone development plans) #

Article 17(Approval of housing zone development plans) #

Article 18(Authorization and permission deemed granted under other statutes) #

Article 19(Special cases concerning application of Mountainous Districts Management Act) #

Article 20(Special cases concerning application of the Water Supply and Waterworks Installation Act) #

Article 21(Special cases concerning application of the Sewerage Act) #

Article 22(Special cases concerning application of the Act on Special Measures for Designation and Management of Development Restriction Zones) #

Article 23(Special cases concerning application of the Environmental Impact Assessment Act) #

Article 24(Special cases concerning application of the Special Act on the Management of Metropolitan Transport in Metropolitan Areas) #

Article 24-2(Special cases concerning application of the Seoul Metropolitan Area Readjustment Planning Act) #

Article 25(Establishment of and support for arterial facilities) #

Article 26(Access to land) #

Article 27(Expropriation of land) #

Article 27-2(Retention of buildings) #

Article 27-3(Formulation and implementation of measures for support for residents in housing zones) #

Article 27-4(Special cases concerning expropriation of land in housing zones including areas concentrated with flophouses) #

Article 28(Restrictions on disposition of state-owned or public land) #

Article 29(Attribution of ownership of public facilities) #

Article 30(Reduction of or exemption from charges) #

Article 31(Completion inspection) #

Article 32(Supply of developed land) #

Article 32-2(Disclosure of development cost for developed land) #

Article 32-3(Restrictions on resale of developed land) #

Article 32-4(Advance payment) #

Article 33(Establishment of integrated committee for deliberation on public housing projects) #

Article 34(Procedures for deliberation by integrated deliberative commission) #

Article 35(Approval of housing construction project plans) #

Article 36(Special cases concerning deliberation by construction commission) #

Article 37(Standards for construction of public housing units) #

Article 37-2(Establishment of institutions for senior citizens) #

Article 38(Special cases concerning the Framework Act on the Construction Industry) #

Article 39(Contracts on division of projects) #

Article 40 #

Article 40-2(Special cases concerning public housing projects on sites for public facilities) #

Article 40-3(Special cases concerning the State Property Act) #

Article 40-4(Special cases concerning the Act on Railroad Construction and Railroad Facilities Management) #

Article 40-5(Special cases concerning the Act on the Special Cases concerning the Procurement of School Sites) #

Article 40-6(Special cases concerning building standards) #

Article 40-7(Designation of urban public housing complex projects) #

Article 40-8(Approval of master plans for urban public housing complex projects) #

Article 40-9(Special cases concerning building standards for complex projects) #

Article 40-10(Expropriation of land) #

Article 40-11(Special cases concerning housing supply) #

Article 40-12(Contracting methods and selection of contractors) #

Article 40-13(Resident consultation body and resident representative council) #

Article 40-14(Support for owners of land of complex projects) #

Article 40-15(Termination of contracts on superficies) #

Article 40-16(Suspension of using and profiting from buildings) #

Article 40-17(Application mutatis mutandis to urban public housing complex projects) #

Article 41(Purchase of insolvent rental housing units by public housing project operators) #

Article 42 #

Article 43(Purchase of existing homes by public housing project operators) #

Article 43-2(Special cases concerning floor area ratio of buy-to-rent public housing) #

Article 44(Purchase of homes under construction, by public housing project operators) #

Article 45(Acquisition of rental housing units) #

Article 45-2(Leasing of existing homes) #

Article 46(Establishment of public housing headquarters) #