ENFORCEMENT DECREE OF THE PUBLIC PROPERTY AND COMMODITY MANAGEMENT ACT

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ENFORCEMENT DECREE OF THE PUBLIC PROPERTY AND COMMODITY MANAGEMENT ACT — 법갈피

Article 5(Acceptance of donation) #

(1) When the head of a local government accepts a donation under Article 7 (1) of the Act, he or she shall receive from the donor a donation letter clearly specifying the following matters and the documents necessary to secure the rights; in such cases, the head of a local government shall, if necessary, verify the building register or land register, building ledger, land ledger, forest land ledger, cadastral map, or forest land map of the relevant property through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: <Amended on Jul. 7, 2014>

1. Specification of the donated property;

2. Name, title (in the case of a corporation, the name of its representative), and address of the donor;

3. Purpose of the donation;

4. Value of the donated property;

5. Drawings of the donated property.

(2) Where a representative makes a donation, the head of a local government shall have such representative attach to the donation letter under paragraph (1) a document proving the representative status and a detailed statement specifying the names and addresses of each donor and the donated property.

(3) Where a donor and his or her heirs or other universal successors intend to have another person use or profit from administrative property with the approval of the head of a local government under the proviso of Article 20 (3) of the Act, they shall submit to the head of a local government a sublease business plan specifying the following matters within the period for which permission for use has been granted under Article 20 (1) of the Act: <Amended on Jan. 9, 2018; Apr. 20, 2022>

1. Description of the property to be subleased;

2. Purpose, method, and period of the use or profit from the property to be subleased;

3. Name and address of the person who will use or profit from the subleased property.

(4) "Where it is impracticable for a local government to manage the property to be donated or where a local government does not need such property" in the main clause of Article 7 (2) of the Act means any of the following cases: <Amended on Apr. 20, 2022>

1. Where it is difficult for the relevant local government to directly use the property even after the period of gratuitous permission for use has expired;

2. Where the maintenance and repair costs are excessively high compared to the value of the property;

3. Deleted; <Apr. 20, 2022>

4. Any other case recognized as not beneficial to local finance.

(5) Where a building or other permanent facility is constructed under the condition of donation, the head of a local government shall, before granting permission for use, enter into a contract concerning the donation or obtain a written undertaking of performance. <Added on Jul. 7, 2014; Apr. 20, 2022>

[This Article Wholly Amended on Apr. 24, 2009]

Article 7(Public property management plan) #

(1) The matters to be included in a plan for the acquisition and disposal of public property (hereinafter referred to as "public property management plan") under the former part of Article 10-2 (1) of the Act shall be the acquisition [referring to purchase, acceptance of donation, gratuitous acquisition, land substitution, gratuitous reversion, exchange, construction or extension of buildings and installation of structures, investment, and other acquisition; hereinafter the same shall apply in this Article] and disposal (referring to sale, transfer, exchange, gratuitous reversion, demolition of buildings, investment, and other disposal; hereinafter the same shall apply in this Article) of any of the following property: <Amended on Apr. 20, 2022>

1. Property of which the standard price per case for acquisition or disposal of public property is not less than the amount prescribed by municipal ordinances of the relevant local government;

2. Land of which the standard area per case for acquisition or disposal of public property is not less than the area prescribed by municipal ordinances of the relevant local government.

(2) When establishing a public property management plan under paragraph (1), the following matters shall be specified: <Amended on Apr. 20, 2022>

1. Project purpose and use;

2. Project period;

3. Required budget;

4. Project scale;

5. Details of the standard price;

6. Method of contract.

(3) Notwithstanding paragraph (1), the acquisition or disposal of any of the following property shall not be included in a public property management plan: <Amended on Feb. 9, 2018; Apr. 20, 2022>

1. Gratuitous reversion under any other Act than the Public Property and Commodity Management Act;

2. Land substitution under the Urban Development Act or other statutes;

3. Acquisition or loss of ownership, etc. pursuant to a court judgment;

4. Acquisition or disposal under the Act on Acquisition of and Compensation for Land for Public Works Projects (limited to cases of installing, improving, or rehabilitating infrastructure under subparagraph 6 (a), (b), or (e) of Article 2 of the National Land Planning and Utilization Act);

5. Gratuitous transfer under Article 101 of the Act on the Improvement of Urban Areas and Residential Environments;

6. Sale of factory sites to small and medium enterprises under Article 14 of the Act on Special Measures for the Deregulation of Corporate Activities;

7. Acquisition or disposal of property approved or consented to by the local council;

8. Payment in kind under Article 117 of the Local Tax Act;

9. Acquisition or disposal of property to which a public property management plan is not applicable under other statutes;

10. Acquisition or disposal of property the acquisition or disposal of which is mandatory for the relevant local government under other statutes;

11. Acquisition of public facilities attached to the main project objects under the conditions of authorization, permission, or project approval under other statutes;

12. Acquisition of property replacing existing public property with the same purpose and scale.

(4) Where any of the following grounds arises after obtaining a resolution from the local council on a public property management plan, the head of a local government shall establish a modification plan and obtain a resolution from the local council thereon: <Amended on Apr. 20, 2022>

1. Where the project purpose or use is changed;

2. Where the location of the public property to be acquired or disposed of is changed;

3. Where the area of the land increases or decreases by more than 30 percent;

4. Where the standard price of land, buildings, or other facilities increases or decreases by more than 30 percent: provided, this shall not apply where the contract amount is changed due to price fluctuations during construction.

(5) The criteria for preparing a public property management plan shall be determined by the Minister of the Interior and Safety and notified to each local government by July 31 of the preceding year. <Amended on Nov. 19, 2014; Jul. 20, 2015; Jul. 26, 2017; Apr. 20, 2022>

(6) In paragraph (1) 1 and 2, "per case" means any of the following: <Amended on Apr. 20, 2022>

1. Where accounting procedures are carried out simultaneously using the same acquisition or disposal method;

2. Where land, buildings, and their ancillary facilities are acquired or disposed of over multiple years according to a single project plan;

3. Where the counterparty to the purchase or sale is the same person;

4. Where a building and the land on which it is located are acquired or disposed of together;

5. Where property adjacent to or forming ancillary facilities to the relevant property, which is inseparable from such property, is acquired or disposed of together;

6. Where dispersed or subdivided property is nonetheless managed and operated for the same purpose and is acquired or disposed of together;

7. Any other case recognized as requiring approval for acquisition or disposal as one case according to social norms or the specific circumstances of the relevant property.

(7) In this Article, "standard price" means the price of the property classified as follows; provided, in the case of construction or extension of buildings and installation of structures or other facilities, the project cost, such as construction cost and facility cost, excluding the cost for acquiring land, such as land compensation cost, shall apply: <Amended on Aug. 31, 2016; Apr. 20, 2022>

1. Land: The individual officially assessed land price under Article 10 of the Act on the Public Announcement of Values and Appraisal of Real Estate (where no individual officially assessed land price exists for the land, the amount calculated based on the officially assessed reference land price under Article 8 of the same Act; hereinafter referred to as "individual officially assessed land price");

2. Housing: The price classified as follows:

a. Detached housing: The individual housing price publicly notified under Article 17 of the Act on the Public Announcement of Real Estate Values;

b. Multi-family housing: The multi-family housing price publicly notified under Article 18 of the Act on the Public Announcement of Real Estate Values;

c. Housing for which neither an individual housing price nor a multi-family housing price is publicly notified: The standard market price under the proviso of Article 4 (1) of the Local Tax Act;

d. Deleted; <Apr. 20, 2022>

3. Property other than those under subparagraphs 1 and 2: The standard market price under Article 4 (2) of the Local Tax Act.

[This Article Wholly Amended on Jul. 7, 2014]

[Title Amended on Apr. 20, 2022]

Article 9(Prohibition on construction of permanent facilities) #

(1) The cases where permanent facilities may be constructed on public property under the proviso of Article 13 of the Act shall be limited to the following: <Amended on Jul. 7, 2014; Jul. 2, 2019; Dec. 22, 2020; Apr. 20, 2022>

1. Where permanent facilities are constructed on condition that they are donated to the relevant local government upon completion;

2. Deleted; <Dec. 22, 2020>

3. Where a person who has obtained permission for use or a lease constructs permanent facilities to use them during the permitted period of use or lease period, on condition of voluntary demolition and deposit of demolition costs; in such cases, the demolition costs shall be deposited before commencing the construction of the permanent facilities;

4. Deleted; <Jan. 9, 2018>

5. Where the person who has leased general property by private contract under Article 29 (1) 13 or 23 or who has leased general property under subparagraph 19 of that paragraph constructs permanent facilities on condition that the leased property will be purchased upon expiration of the lease period;

6. Where public facilities the ownership of which vests in the local government under other statutes are constructed;

7. Where permanent facilities are constructed with consent to use property for which a contract for sale, transfer, or exchange has been concluded but ownership has not yet been transferred; provided, in the case of installment sale or exchange, this shall be limited to cases where at least 1/2 of the sale or exchange price has been paid;

8. Where general property is developed through trust or entrustment;

9. Where structures are installed in the air, on the ground, or underground of the relevant public property within the extent not interfering with the current or future use of public property by the local government, and such installation meets the standards prescribed by the Minister of the Interior and Safety;

10. Where the head of a local government other than the head of the relevant local government installs complex facilities such as cultural and welfare facilities or living sports facilities in a public school that can be jointly used by students and residents;

11. Where the head of a local government other than the head of the relevant local government constructs permanent facilities on public property falling under public property under Article 5 (2) 1 (hereinafter referred to as "public property") or public-use property under subparagraph 2 of that paragraph (hereinafter referred to as "public-use property"), with mutual consent between the heads of local governments and approval of the relevant local council.

(2) A person who intends to construct permanent facilities under the proviso of Article 13 of the Act and each subparagraph of paragraph (1) shall submit to the head of the relevant local government a plan regarding the construction or restoration of such permanent facilities. <Added on Jul. 7, 2014>

[This Article Wholly Amended on Apr. 24, 2009]

Article 13(Methods of permission for use) #

(1) Where an open competitive bid process, a selective competitive bid process, or a nominated competitive bid process is conducted pursuant to Article 20 (2) of the Act, the bid notice, bid opening, and bid winner announcement shall be made using the information processing system designated and publicly announced by the Minister of the Interior and Safety (hereinafter referred to as the "designated information processing system"). In such cases, the head of a local government may, if deemed necessary, additionally publish such matters in daily newspapers. <Amended on Aug. 4, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 20, 2022>

(2) In an open competitive bid process, a selective competitive bid process, or a nominated competitive bid process under Article 20 (2) of the Act, if there is at least 1 valid bid submitted at or above the estimated amount of the usage fee, the person who has submitted the highest bid shall be selected as the successful bidder. <Amended on Jul. 7, 2014; Jul. 12, 2016; Apr. 20, 2022>

(3) In any of the following cases, permission for the use of administrative property may be granted by private contract pursuant to Article 20 (2) 1 of the Act: <Amended on Aug. 4, 2010; Jun. 21, 2013; Jul. 7, 2014; Jul. 20, 2015; Jul. 12, 2016; Jan. 9, 2018; Dec. 4, 2018; Dec. 22, 2020; Apr. 20, 2022; Jun. 28, 2022; Aug. 22, 2023>

1. Where the State, a local government, a public corporation, or a public interest corporation intends to use the property directly;

2. Where a local government grants permission to a farmer residing in its jurisdiction (referring to a "farmer" as defined in Article 3 (2) of the Framework Act on Agriculture, Rural Community and Food Industry; hereinafter the same shall apply) to use farmland of not more than 10,000 square meters for cultivation;

3. Where permission is granted for the use of property within a government office compound for the welfare of public officials;

4. Where a person entitled by statute to use such property free of charge is granted paid use of the property;

5. Where a person eligible for exemption from user fees under Article 24 (1) of the Act or any other statute is granted permission for use;

6. Where the price of the property, calculated by the methods under the subparagraphs of Article 31 (2) at the time of application for permission (in cases of partial permission, referring to the price of the entire administrative property), does not exceed 10 million won (or 30 million won for property located in autonomous Gus of a Special Metropolitan City or a Metropolitan City);

7. Where 2 rounds of open competitive bid precesses have failed to yield a valid bid;

8. Where necessary for the production, exhibition, or sale of local specialties or locally produced goods that contribute to revitalizing the local economy, as prescribed by municipal ordinances;

9. Where the owner of a public-interest facility relocated for a project implemented by a local government intends to use property directly related to the facility during the relocation period;

10. Where a person intending to donate a newly constructed building intends to use the land during the construction period;

11. Where use is permitted for recovery and relief efforts following a disaster under the Framework Act on the Management of Disasters and Safety (hereinafter referred to as "disaster");

12. Where permission is temporarily granted on the condition of voluntary demolition for a public-interest project;

13. Where a person entitled to lease public property preferentially under another statute is granted permission for use;

14. Where permission is granted to a government-funded research institute under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, a science and technology government-funded research institute under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, a specific research institute under Article 2 of the Specific Research Institutes Support Act (hereinafter referred to as "government-funded research institutes, etc."), or a specialized production technology research institute under Article 42 (1) of the Industrial Technology Innovation Promotion Act;

15. Where permission for use is granted with respect to the portion corresponding to the share of the local government in property jointly owned by the local government and another party;

16. Where non-building structures are installed above or below public property without interfering with the current use and management by the local government;

17. Where permission is granted to a startup enterprise under the Support for Small and Medium Enterprise Establishment Act to use public property as a startup space such as an office or business site (excluding startup incubators; hereinafter referred to as "startup space");

18. Where permission is granted to an organization prescribed by municipal ordinance that falls under any of the following:

a. An international organization (referring to the United Nations, its subsidiary and specialized agencies, intergovernmental organizations, or quasi-governmental organizations);

b. A nonprofit private organization with members from at least 50 different countries;

19. Where a person intends to operate a rest restaurant or bakery business using a food truck under Article 21 (8) (a) or (b) of the Enforcement Decree of the Food Sanitation Act;

20. Where permission is granted to a nonprofit public corporation or public corporation, funded or invested in by the local government, for its nonprofit business;

21. Where permission is granted for the use of administrative property to support startup activities for unemployed youth or other unemployed persons pursuant to the job policy formulated by the head of the local government;

22. Where permission is granted to any of the following enterprises or cooperatives that meet the employment ratio of vulnerable groups publicly announced by the Minister of the Interior and Safety:

a. A social enterprise under subparagraph 1 of Article 2 of the Social Enterprise Promotion Act;

b. A social cooperative under subparagraph 3 of Article 2 of the Framework Act on Cooperatives;

c. A self-support enterprise under Article 18 of the National Basic Living Security Act;

d. A village enterprise under Article 2 (1) 9 of the Special Act on Promotion of and Support for Urban Regeneration that meets the criteria publicly announced by the Minister of the Interior and Safety;

23. Where permission is granted to an enterprise designated and announced by the Minister of Employment and Labor as having youth-friendly working conditions among the priority-supported enterprises under Article 19 (2) of the Employment Insurance Act;

24. Other than the matters provided for in subparagraphs 1 through 23, where it is impracticable to put the property up for an open competitive bid process due to the location, shape, or use of the administrative property or the purpose or nature of the contract and the relevant matters and scope are prescribed by municipal ordinances of the local government.

(4) The cases where permission for the use of administrative property may be granted through a method of selective competitive bid process pursuant to Article 20 (2) 1 of the Act shall be as follows: <Added on April 20, 2022; Aug. 22, 2023>

1. Where it is necessary to restrict the competition to persons whose addresses are located in the relevant local government for the purpose of revitalizing the local economy;

2. Where it is necessary to restrict the competition to persons whose addresses are located in the relevant local government, in consideration of the location, form, and use of the property, or the purpose and nature of the contract.

(5) The cases where permission for the use of administrative property may be granted through a method of nominated competitive bid process pursuant to Article 20 (2) 1 of the Act shall be as follows: <Added on July 7, 2014; April 20, 2022>

1. Considering the use of the land, etc., where it is necessary to designate the owner of land adjacent to the relevant property for the competition;

2. Where there is a conflict of applications for permission under paragraph (3);

3. Where the head of the local government deems it necessary to designate the person to be granted permission for use, in consideration of the location, form, and use of the property or the purpose and nature of the contract.

(6) Where the head of a local government grants permission for the use of administrative property through a method of private contract pursuant to paragraph (3) 19, he or she may allow 1 or more persons to use and profit from one or more administrative properties on a daily or hourly basis in accordance with the methods of invitation and the criteria for selecting preferred candidates, as prescribed by the ordinance of the local government. <Added on July 12, 2016; Jan. 9, 2018; April 20, 2022>

[This Article Wholly Amended on Apr. 24, 2009]

[Title Amended on Apr. 20, 2022]

Article 14(Usage fees) #

(1) The annual usage fee under Article 22 (1) of the Act shall be prescribed by the ordinance of the local government within the scope of not less than 10/1,000 of the appraised value of the relevant property reflecting the market price, and may be calculated on a monthly or daily basis; provided, where other statutes or regulations provide otherwise regarding the usage fee of administrative property, such statutes or regulations shall apply, and where any of the following cases arises the rate classified under each of the following subparagraphs may be applied: <Amended on Mar. 31, 2020; Apr. 20, 2022; Aug. 22, 2023; Sep. 2, 2025>

1. Where a person who has obtained permission for use suffers damage due to a disaster the rate temporarily reduced for a specified period through deliberation by the Public Property Deliberation Council (which shall be not less than 10/1,000 per year);

2. Where a micro-enterprise under Article 2 of the Framework Act on Micro Enterprises (hereinafter referred to as “micro-enterprise”) or a small or medium enterprise under Article 2 of the Framework Act on Small and Medium Enterprises (hereinafter referred to as “small or medium enterprise”) directly uses a business category operated by such enterprise (excluding business categories falling under the proviso of Article 5 (1) of the Support for Small and Medium Enterprise Establishment Act) and where the Minister of the Interior and Safety publicly announces a specified period to alleviate managerial burdens caused by economic downturn or mass unemployment the rate temporarily reduced for that period through deliberation by the Public Property Deliberation Council (which shall be not less than 10/1,000 per year).

(2) Where the head of a local government deems it particularly necessary for efficient management of administrative property that serves as a facility for public use, he or she may determine the usage fee by hour or by number of uses, as prescribed by the ordinance of the relevant local government.

(3) When calculating the usage fee under paragraphs (1) and (2), Articles 31 (2) through (8) shall apply mutatis mutandis to matters concerning appraisal of the property, calculation of the deposit amount, and temporary use. <Amended on June 21, 2013; Apr. 20, 2022>

(4) "Amount prescribed by Presidential Decree" in the proviso of Article 22 (1) of the Act means 200,000 won. <Added on Apr. 20, 2022>

(5) Where permission for use is renewed pursuant to Article 21 (2) and (3) of the Act, Article 31-2 shall apply mutatis mutandis to the annual usage fee for the renewed period of permission for use. <Added on June 21, 2013; Apr. 20, 2022>

(6) Where permission for use of administrative property is granted by day or by hour pursuant to Article 13 (6), the usage fee by day or by hour shall be calculated based on the criteria prescribed by the Minister of the Interior and Safety. <Added on July 12, 2016; July 26, 2017; Apr. 20, 2022>

(7) The deadline for payment of the usage fee shall be within 60 days from the date permission for use is granted, and the fee shall be paid in advance. <Amended on June 21, 2013; July 7, 2014; July 12, 2016; Apr. 20, 2022>

(8) Where installment payment of the usage fee is permitted pursuant to the proviso of Article 22 (2) of the Act, it shall be limited to cases where the usage fee exceeds 500,000 won, and installment payments may be made up to 12 times per year with interest applied at the rate prescribed and publicly notified by the Minister of the Interior and Safety in consideration of the average interest rate on 1-year term deposits at commercial banks. <Amended on Aug. 4, 2010; June 21, 2013; July 12, 2016; July 26, 2017; Dec. 22, 2020; Apr. 20, 2022; Aug. 22, 2023>

(9) Where the head of a local government applies a temporarily reduced rate for a specified period pursuant to the proviso of paragraph (1), the payment deadline for the usage fee due during such period may be deferred for up to 1 year (or for the remaining period of permission for use if such remaining period is less than 1 year based on the due date). <Added on Dec. 22, 2020; Apr. 20, 2022>

(10) Where a deposit is required or a performance guarantee insurance is concluded with the local government as the insured pursuant to Article 22 (3) of the Act, the amount thereof shall not exceed 50 percent of the annual usage fee. <Added on Aug. 4, 2010; June 21, 2013; July 12, 2016; Dec. 22, 2020; Apr. 20, 2022>

[This Article Wholly Amended on Apr. 24, 2009]

Article 17(Reduction or exemption of usage fees) #

(1) The period during which usage fees are exempted pursuant to Article 24 (1) 2 of the Act shall not exceed the number of years calculated by dividing the value of the donated property by the annual usage fee.

(2) Notwithstanding paragraph (1), the period during which usage fees are exempted for intellectual property under Article 4 (1) 5 of the Act (hereinafter referred to as "intellectual property") shall be 20 years. <Added on Jul. 20, 2015>

(3) Where a building or other facility is donated, the usage fee for the public property site shall be added to the annual usage fee referred to in paragraph (1); provided, this shall not apply where the usage fee for the site is charged separately. <Amended on Jul. 20, 2015>

(4) When calculating the value of the donated property and the usage fee for the site to be added under paragraph (3), the value of the site shall be calculated as of the time the initial permission for use is granted by applying mutatis mutandis Article 31, and the usage fee shall be determined in consideration of the expected revenue. <Amended on Jul. 20, 2015; Apr. 20, 2022>

(5) "Cases prescribed by Presidential Decree, such as permitting local residents affected by a disaster to use the administrative property for a certain period" under Article 24 (1) 4 of the Act means any of the following cases: <Amended on Jul. 20, 2015; Jul. 12, 2016; Dec. 22, 2020; Apr. 20, 2022; Aug. 22, 2023>

1. Where permission for use is granted for a certain period to local residents affected by natural disasters or other calamities;

2. Where the owner of a public-interest facility relocated for a project implemented by the local government intends to use property directly related to the facility during the relocation period;

2-2. Where the property is used for a nonprofit project by a nonprofit public corporation or a public corporation funded or invested in by the relevant local government;

3. Where the property is used for a nonprofit project by a local public enterprise or local public corporation under the Local Public Enterprises Act;

4. Where permission for use is granted by means of a private contract under Article 13 (3) 8 or 14;

5. Where permission for use is granted to a local government association under Article 176 of the Local Autonomy Act (hereinafter referred to as "local government association"), to which the relevant local government belongs.

(6) "Cases prescribed by Presidential Decree including where it is necessary to vitalize the local economy" in Article 24 (2) of the Act means any of the following cases: <Amended on Dec. 22, 2020; Feb. 18, 2022; Apr. 20, 2022>

1. Where permission for use is granted by means of a private contract under Article 13 (3) 8;

2. Where permission for use is granted by means of a private contract under Article 13 (3) 21, 22, or 23;

3. Where the use of administrative property permitted has been restricted due to reasons attributable to the local government; provided, this shall not apply where the period of permission has been extended under Article 21 (4) 2 of the Act;

4. Where permission for use is granted for administrative property located in a specially designated industrial crisis response area under Article 10 (1) of the Special Act on Response to Local Industrial Crisis and Recovery of Local Economy, an employment disaster area declared under Article 32-2 of the Framework Act on Employment Policy, or an area designated and publicly announced by the Minister of Employment and Labor under Article 29 of the Enforcement Decree of that Act.

(7) The head of a local government may, pursuant to Article 24 (2) of the Act, reduce usage fees within the following ranges in accordance with the relevant municipal ordinances: <Amended on Aug. 4, 2010; July 20, 2015; Dec. 4, 2018; Dec. 22, 2020>

1. In the case of paragraph (6) 1: 30/100 of the usage fee;

2. In the case of paragraph (6) 2 or 4: 50/100 of the usage fee;

3. In the case of paragraph (6) 3: 100/100 of the usage fee for the period during which use and benefit were not available.

[This Article Wholly Amended on Apr. 24, 2009]

Article 19(Eligibility and period for entrustment of management of administrative property) #

(1) Where administrative property is entrusted for management pursuant to Article 27 (1) of the Act, if the management of the relevant administrative property requires special skills and expertise, such entrustment shall be made to a person who possesses such skills and expertise and is suitable for the management of the property.

(2) The period for entrustment of management of administrative property shall not exceed 5 years and may be renewed only once. In such cases, the renewal period shall also not exceed 5 years.

(3) Notwithstanding paragraph (2), where the entrustment of management is made by means of a private contract under Article 19-5, the period may be renewed more than twice after evaluating the performance and management capability of the entrusted entity in accordance with the municipal ordinances of the relevant local government at the time of each renewal. In such cases, the renewal period shall not exceed 5 years for each renewal. <Amended on Jun. 21, 2013; Jul. 20, 2015>

(4) Notwithstanding paragraphs (2) and (3), the entrustment of management shall not be renewed in any of the following cases: <Added on Jun. 21, 2013; Jul. 20, 2015>

1. Where the administrative property entrusted for management is required to be used directly by the State or another local government for official or public purposes;

2. Where the person entrusted for management (hereinafter referred to as "entrusted manager") becomes disqualified for such entrustment as prescribed in paragraph (1);

3. Where the entrusted manager violates the terms and conditions of the entrustment of management;

4. Where the entrustment of management is no longer necessary.

(5) Where the entrusted manager intends to use or derive profits from a part of the entrusted property, or permit others to do so, such use or profit shall be made within the period of the management entrustment. <Amended on Jun. 21, 2013>

[This Article Wholly Amended on Apr. 24, 2009]

Article 21(Entrustment fees for entrusted property) #

(1) Where the head of a local government intends to collect entrustment fees pursuant to Article 27 (3) of the Act, he or she shall calculate the entrustment fees annually. <Amended on Jul. 20, 2015>

(2) The entrustment fees calculated under paragraph (1) shall be determined by the head of the local government, taking into account the anticipated revenue based on the following income and expenditure: <Amended on Jul. 20, 2015; Jul. 12, 2016; Jul. 26, 2017; Dec. 22, 2020; Apr. 20, 2022>

1. Income:

a. Admission fees and other usage fees generated from the entrusted property;

b. Usage fees paid by the person who directly uses or profits from the entrusted property pursuant to Article 27 (4) of the Act and by the sublessee under paragraph (5) of that Article;

c. Other income generated from the management or operation of the entrusted property, as prescribed by the Minister of the Interior and Safety;

2. Expenditure:

a. Personnel expenses, operating expenses, or repair and maintenance expenses related to the management of the entrusted property;

b. Taxes, public charges, or insurance premiums related to the management of the entrusted property.

(3) When calculating entrustment fees under paragraph (1), the fees shall be calculated appropriately through a cost analysis. In such cases, the head of the local government may, if deemed necessary, commission the cost analysis to a specialized institution or organization. <Added on Jul. 20, 2015>

(4) The usage fees collected from persons deemed to have obtained permission to use the administrative property pursuant to Article 27 (4) or (5) of the Act, or from sublessees, shall be determined based on the rates and evaluation methods provided in Article 14; and the usage fees under Article 27 (6) of the Act shall be determined in accordance with the municipal ordinances of the local government, taking into account anticipated revenue. <Amended on Aug. 4, 2010; Jun. 21, 2013; Jul. 20, 2015; Jul. 12, 2016; Apr. 20, 2022>

(5) The method of calculating the amount payable by the local government and the amount to be collected by the entrusted manager with respect to the difference between the usage fees collected and the expenses incurred in management under Article 27 (6) of the Act shall be determined before the conclusion of the contract. <Amended on Aug. 4, 2010; Jun. 21, 2013; Jul. 20, 2015; Apr. 20, 2022>

(6) Detailed matters concerning the method of calculation under paragraph (5) may be separately prescribed by the Minister of the Interior and Safety. <Amended on Jun. 21, 2013; Nov. 19, 2014; Jul. 20, 2015; Jul. 26, 2017; Apr. 20, 2022>

[This Article Wholly Amended on Apr. 24, 2009]

[Title Amended on Jul. 20, 2015]

Article 26(Methods of contracts) #

(1) Where leasing or selling is conducted through an open competitive bid, a selective competitive bid, or a nominated competitive bid under Article 29 of the Act, a designated information processing system shall be used for the bidding announcement and for the declaration of bid opening and successful bidding; in such cases, the head of the local government may concurrently use methods such as publication in daily newspapers, if deemed necessary. <Amended on Aug. 4, 2010; Jul. 20, 2015; Apr. 20, 2022>

(2) An open competitive bid, a selective competitive bid, or a nominated competitive bid under Article 29 of the Act shall award the contract to the person who has bid the highest price among one or more valid bids at or above the estimated price. <Amended on Aug. 4, 2010; Jul. 7, 2014; Jul. 20, 2015; Jul. 12, 2016; Apr. 20, 2022>

(3) Notwithstanding paragraph (1), in the case of selling by a nominated competitive bid, an on-site bidding may be conducted. <Amended on Aug. 4, 2010; Jul. 7, 2014>

(4) Where securities are sold under the proviso of Article 29 (1) of the Act, the head of the local government shall determine the method of calculating the estimated price by taking into consideration the calculation method prescribed in Articles 43 and 44 of the Enforcement Decree of the State Property Act. <Amended on Jul. 27, 2009; Apr. 20, 2022>

(5) Notwithstanding paragraph (2), where it is deemed necessary to vitalize the local economy, in cases of leasing general property to attract any of the following facilities, the successful bidder may be determined comprehensively considering the impact on the region in addition to the price evaluation method: <Added on Jul. 12, 2016>

1. Facilities falling under Article 29 (1) 19 of the Act;

2. Facilities to be established for the development of the relevant public property or for attracting investment by the relevant local government, with the consent of the local council.

(6) Detailed evaluation criteria, procedures, and methods for determining the successful bidder under paragraph (5) shall be prescribed and publicly announced by the Minister of the Interior and Safety. <Added on Jul. 12, 2016; Jul. 26, 2017>

[This Article Wholly Amended on Apr. 24, 2009]

Article 27(Evaluation of prices of general property) #

(1) When selling or exchanging general property under Article 30 of the Act, the head of a local government shall determine the estimated price of such property at market value and publicly announce it. In such cases, the market value shall be at least the arithmetic mean of the appraised values assessed by not less than 2 appraisal corporations, etc. commissioned for appraisal, and may include expenses incurred for appraisal or subdivision surveying. <Amended on Feb. 16, 2015; Jan. 21, 2022>

(2) The appraised value referred to in the latter part of paragraph (1) shall apply only for 1 year from the date of appraisal; provided, the period may be extended in cases prescribed by the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) When exchanging property with the State or another local government, notwithstanding paragraph (1), the exchange may be based on the appraised value assessed by one appraisal corporation, etc. commissioned for appraisal, or without appraisal, on the property value calculated by any of the methods referred to in each subparagraph of Article 31 (2). <Amended on Jul. 12, 2016; Jan. 7, 2025>

(4) In cases of properties estimated to be less than 10 million won (30 million won for those in a Special Metropolitan City, a Metropolitan City, or a City with a population of at least 500,000), notwithstanding paragraph (1), appraisal may be omitted. In such cases, the price of land may be based on the officially announced individual land price (where no such price is available for the land, the price of adjacent land shall be preferentially applied), and the price of a building may be based on the standard market price under the Local Tax Act. <Amended on Aug. 4, 2010>

(5) When determining the property value pursuant to paragraphs (1) through (4), the head of a local government shall prepare a price assessment report, to which the following documents shall be attached: <Amended on Feb. 16, 2015; Jul. 12, 2016; Jan. 21, 2022>

1. An appraisal report prepared by the appraisal corporation, etc. serving as the basis for the assessment;

2. An appraisal report prepared by the appraisal corporation, etc. serving as the basis for the assessment;

3. Other relevant documents, such as examples of sales, which may serve as reference.

(6) When selling general property required for a public project to the project operator of such public project subject to the Act on Acquisition of and Compensation for Land for Public Works Projects, notwithstanding paragraph (1), the compensation amount calculated under that Act may be used as the selling price of the relevant property.

(7) Deleted. <Jan. 7, 2025>

(8) Where a person who has applied for the sale or exchange of general property withdraws the application without a compelling reason after the appraisal, the head of a local government may have such applicant (excluding cases where the applicant is the State or a local government) bear part of the expenses incurred for appraisal and surveying.

[This Article Wholly Amended on Apr. 24, 2009]

Article 29(Lease contracts for general property) #

(1) In any of the following cases, general property may be leased through a private contract under the proviso of Article 29 (1) of the Act: <Amended on Aug. 4, 2010; Jul. 7, 2014; Feb. 16, 2015; Jul. 20, 2015; Jul. 12, 2016; Jul. 26, 2017; Jan. 9, 2018; Dec. 4, 2018; Jul. 2, 2019; Dec. 22, 2020; Jun. 28, 2022; Aug. 22, 2023>

1. Where the State, a local government, a public corporation, or a public interest corporation intends to use the property directly;

2. Where farmland not exceeding 10,000 square meters in area is leased to a farmer residing in the local government concerned for cultivation purposes;

3. Where property, due to its nature or for social policy reasons, is difficult to sell through an open competitive bid process;

4. Where forest land is leased for purposes such as stock raising, mining, or quarrying;

5. Where property within a government office compound is leased for the welfare of public officials;

6. Where property is leased for compensation to a person to whom the property may be transferred gratuitously or leased free of charge under any statute;

7. Deleted; <Jul. 12, 2016>

8. Where a site surrounded by the same person's private land is leased;

9. Where land without a building thereon is smaller than the minimum lot size under Article 57 (1) of the Building Act and is leased to the owner of adjacent private land who has an interest in that land;

10. Where the price calculated by the method under each subparagraph of Article 31 (2) (in the case of leasing part of general property, referring to the price of the entire general property) at the time of application for a lease contract is not more than 30 million won (50 million won in the case of property located in an autonomous Gu of a Special Metropolitan City or a Metropolitan City);

11. Where 2 valid open competitive bid processes have failed to be concluded;

12. Where deemed necessary by a municipal ordinance for the production, exhibition, and sale of local specialty products or local products that can contribute to revitalizing the local economy;

13. Where property is leased to a person relocating facilities falling under subparagraphs 1 through 3 and 5 of Article 3 of the Enforcement Decree of the Seoul Metropolitan Area Readjustment Planning Act to a local area to relocate such facilities;

14. Where the owner of a public facility being relocated for a project implemented by a local government intends to use property directly related to the said facility during the relocation period;

15. Where a person who intends to newly construct a building, etc. for donation uses the site during the construction period;

16. Where property is leased for the purpose of disaster recovery and relief;

17. Where property is leased to a nonprofit public corporation invested in or contributed to by the local government concerned;

18. Where property is temporarily used on the condition of voluntary demolition for public purposes;

19. Where property is leased to attract any of the following facilities with at least 10 full-time employees residing in the relevant area to revitalize the local economy; in such cases, detailed selection criteria, selection procedures, and methods for lease candidates shall be determined and publicly notified by the Minister of the Interior and Safety:

a. Factories or research facilities and their support facilities;

b. Tourism facilities under Article 3 of the Tourism Promotion Act or cultural facilities under Article 2 of the Culture and Arts Promotion Act designated by the Minister of the Interior and Safety as having a significant job creation effect;

c. Other facilities deemed necessary by a municipal ordinance for revitalizing the local economy;

20. Where property is leased for use by unemployed youth, etc. under a job creation policy established by the head of a local government;

21. Where property is leased to a person entitled to priority leasing of public property under other statutes;

22. Where property, whose use is restricted to a specific project under other statutes, is leased to the project operator;

23. Where property is leased to attract government-funded research institutes, etc. or specialized production technology research institutes under Article 42 (1) of the Industrial Technology Innovation Promotion Act;

24. Where public property is leased as a start-up space to start-up enterprises under the Support for Small and Medium Enterprise Establishment Act;

25. Where property is leased to an enterprise or association under Article 13 (3) 22 items that meets the employment ratio for the vulnerable class prescribed and publicly notified by the Minister of the Interior and Safety;

26. Where property is leased to an enterprise falling under Article 19 (2) of the Employment Insurance Act as a priority support enterprise, which is publicly announced by the Minister of Employment and Labor as having youth-friendly working conditions;

27. Where property is leased to a person eligible for exemption from lease fees under Article 34 (1) of the Act or other statutes;

28. Where, due to the location, shape, or use of the general property, or the purpose or nature of the contract, it is deemed difficult to put the property up for an open competitive bid process, and the details and scope are prescribed by municipal ordinance.

(2) "Property, due to its nature or for social policy reasons, is difficult to sell through an open competitive bid process" in paragraph (1) 3 means any of the following property: <Amended on Aug. 4, 2010>

1. Buildings located on privately owned land;

2. Sites on which privately owned buildings are located; provided, where no structures are installed on the boundary, such sites shall be limited to those not exceeding 660 square meters;

3. Property on which structures have been installed with permission;

4. Share of public property;

5. Property installed for disaster restoration or other relief projects;

6. Property for which the person subject to sale is specified by statute or a court judgment.

(3) With respect to cases where general property may be leased by selective competitive bid process under the proviso of Article 29 (1) of the Act, Article 13 (4) shall apply mutatis mutandis. <Added on Apr. 20, 2022>

(4) General property may be leased by a nominated competitive bid process if it falls under any of the following cases under the proviso of Article 29 (1) of the Act: <Added on Jul. 7, 2014; Jul. 12, 2016; Apr. 20, 2022>

1. Considering the use of the land, etc., where it is necessary to designate the owner of land adjacent to the relevant property for the competition;

2. Where applications for lease under paragraph (1) are in competition;

3. Where, in view of the location, shape, or use of the property, or the purpose or nature of the contract, it is necessary for the head of a local government to designate the person to lease the property.

(5) The head of a local government shall attach the conditions under subparagraphs 1 and 2 when leasing general property; provided, in cases of a lease under paragraph (1) 3 and 14, the condition under subparagraph 3 may additionally be attached: <Amended on Jul. 7, 2014; Apr. 20, 2022>

1. Where the State or a local government demands the return of the leased property for direct public or official use, it shall be returned immediately;

2. The lessee shall commence the project for which the property is leased within 1 year from the date of the lease contract and shall not use it for purposes other than those for which it is leased;

3. Where the head of a local government demands purchase, the property shall be purchased at the price demanded by the head of a local government.

(6) When leasing under paragraph (1), the estimated price of the rent shall be disclosed in advance, and when leasing by an open competitive bid process, selective competitive bid process, or nominated competitive bid process, any bid process submitted for less than the disclosed estimated price of the rent shall be null and void. <Amended on Aug. 4, 2010; Jul. 7, 2014; Apr. 20, 2022>

(7) A person whose lease contract has been rescinded or terminated due to his or her own fault may be denied a lease of the relevant property for 3 years from the date of rescission or termination. <Amended on Jul. 7, 2014>

(8) Where it is necessary to lease, in a stable manner for a long period, part of public facilities such as an international stadium, sports facilities, an international conference hall, conference facilities, an international exhibition hall, exhibition facilities, or other public facilities the use of which has been partially discontinued, the successful bidder shall be determined by examining the ability to perform the contract, the ability to pay the rent, and the ability to execute the project, in the order of the highest price among those who have participated in an open competitive bid process at a price not less than the estimated price. <Amended on Aug. 4, 2010; Jul. 7, 2014; Jul. 20, 2015>

[This Article Wholly Amended on Apr. 24, 2009]

Article 31(Lease fee rates and valuation of leased property) #

(1) The rental fee for general property under Article 32 (1) of the Act shall be prescribed by municipal ordinances within a range not less than 10/1,000 per year of the appraised value of the property reflecting the market price and may be calculated on a monthly or daily basis; provided, where any of the following cases arises the rate classified under each of the following subparagraphs may be applied under the proviso of this paragraph: <Amended on Mar. 31, 2020; Sep. 2, 2025>

1. Where the person who has obtained the lease suffers damage due to a disaster: The rate temporarily reduced for a specified period through deliberation by the Public Property Deliberation Council (which shall be not less than 10/1,000 per year);

2. Where a micro-enterprise or a small or medium enterprise directly uses a business category operated by such enterprise (excluding business categories falling under the proviso of Article 5 (1) of the Support for Small and Medium Enterprise Establishment Act) and where the Minister of the Interior and Safety publicly announces a specified period to alleviate managerial burdens caused by economic downturn or mass unemployment: The rate temporarily reduced for that period through deliberation by the Public Property Deliberation Council (which shall be not less than 10/1,000 per year).

(2) When calculating the lease fee under paragraph (1), the value of the relevant property shall be calculated by the following methods; in such cases, the value of the property under the main clause of subparagraph 1, the main clauses of subparagraphs 2 and 3 shall be determined every year during the lease period, and the value of the property under the proviso of subparagraph 1 and the proviso of subparagraph 3 shall be applicable only within 3 years from the date of appraisal; and the costs incurred for surveying or appraisal, etc. may be included in the first year: <Amended on Jun. 21, 2013; Feb. 16, 2015; Jul. 12, 2016; Aug. 31, 2016; Dec. 4, 2018; Jan. 21, 2022>

1. Land: The individual officially assessed land price as of the time of determining the property value for calculating the lease fee (referring to the individual officially assessed land price of the relevant land under Article 10 of the Act on the Public Announcement of Real Estate Values; if such individual officially assessed land price does not exist, the amount calculated based on the officially assessed standard land price under Article 8 of that Act); provided, where it is necessary to apply a different land price to a part of the land used for a purpose different from the main purpose of the lot as a whole or depending on the location, etc., as deemed necessary by the head of the local government, the amount shall be not less than the appraised value evaluated by an appraisal corporation, etc.;

2. Housing: The housing price as of the time of determining the property value for calculating the lease fee, according to the following classification:

a. Detached housing: The individual housing price publicly notified under Article 17 of the Act on the Public Announcement of Real Estate Values;

b. Multi-family housing: The multi-family housing price publicly notified under Article 18 of the Act on the Public Announcement of Real Estate Values;

c. Housing for which neither an individual housing price nor a multi-family housing price is publicly notified: The standard market price under the proviso of Article 4 (1) of the Local Tax Act;

3. Property other than those under subparagraphs 1 and 2: The standard market price under Article 4 (2) of the Local Tax Act; provided, where no such standard market price exists, the appraised value assessed by an appraisal corporation, etc. shall apply.

(3) In cases of leasing by bidding, the lease fee for the first year shall be determined by the highest bid price, and the lease fee for the period after the second year (limited to the lease contract period without renewing the lease contract) shall be calculated according to the following formula; provided, during the period when the temporarily reduced rate pursuant to the proviso of paragraph (1) is applied, the lease fee shall be calculated by reflecting the rate reduction under the proviso of paragraph (1) in the lease fee under the main clause: <Amended on Jun. 21, 2013; Mar. 31, 2020; Apr. 20, 2022>

[(Lease fee for the first year determined by bidding) × (Property price for the relevant year calculated under paragraph (2)) ÷ (Property price at the time of bidding calculated under paragraph (2))]

(4) Where the head of a local government deems it particularly necessary due to the location, form, use, or nature of the formation of public property, the public property may be leased in such a way that a key money is collected for the relevant property.

(5) Where it is particularly necessary for the efficient management of general property, the head of a local government may lease the relevant property by days, hours, or number of times as prescribed by the municipal ordinances of the relevant local government. In such cases, rent may be collected for each day, hour, or number of times the property is leased.

(6) Where the aboveground or underground portion of public property land is used substantially permanently, the lease fee for such space shall be appraised as the amount obtained by multiplying the price of such land by the appropriate ratio corresponding to the extent to which the use of the land is impeded by such space usage (hereinafter referred to in this paragraph as "3-dimensional use impediment ratio"). Where the underground or aboveground space of public property land is used for a certain period, the lease fee for such space shall be appraised as the amount obtained by multiplying the lease fee calculated under paragraph (1) by the 3-dimensional use impediment ratio. <Amended on Apr. 20, 2022>

(7) The lease fee for land leased for cultivation may be the lesser of the lease fee calculated under paragraph (1) and 1/10 of the agricultural income per unit area of each farmhouse in the relevant City/Do, as surveyed and published by a statistical agency under subparagraph 3 of Article 3 of the Statistics Act (The statistics of Gyeonggi-do shall be applied for Seoul Special Metropolitan City and Incheon Metropolitan City; the statistics of Chungcheongnam-do for Daejeon Metropolitan City and Sejong Special Self-Governing City; the statistics of Jeollanam-do for Gwangju Metropolitan City; the statistics of Gyeongsangbuk-do for Daegu Metropolitan City; and the statistics of Gyeongsangnam-do for Busan Metropolitan City and Ulsan Metropolitan City). <Amended on Jun. 21, 2013; Dec. 4, 2018>

(8) Where public property is leased as a start-up space to a start-up enterprise under the Support for Small and Medium Enterprise Establishment Act, and the lease fee calculated under paragraph (1) exceeds 25/1000 per annum of the appraised price of the relevant property, such amount may be the maximum limit of the lease fee. <Amended on Jun. 28, 2022>

(9) "Amount prescribed by Presidential Decree" in the proviso of Article 32 (1) of the Act means 200,000 won. <Added on Apr. 20, 2022>

[This Article Wholly Amended on Apr. 24, 2009]

Article 35(Reduction or exemption of lease fees) #

(1) "Cases prescribed by Presidential Decree where it is deemed necessary to promote the local economy" in Article 34 (1) 2 of the Act means any of the following cases: <Amended on Jul. 12, 2016; Dec. 4, 2018; Dec. 22, 2020; Aug. 22, 2023>

1. Where a private contract is concluded for lease under Article 29 (1) 12 and the head of a local government deems it necessary to promote the local economy;

2. Where public property is leased for a fixed period to residents of an area affected by natural disasters or other calamities;

3. Where public property is leased for nonprofit projects of a nonprofit public corporation or a juristic person established with contributions or investments by the relevant local government;

4. Where a private contract is concluded for lease under Article 29 (1) 14, 15, or 23;

5. Where public property is leased to an association of local governments (limited to cases where the relevant local government is a member).

(2) The head of a local government may, under Article 34 (2) of the Act, reduce or exempt lease fees for general property within the scope classified as follows, as prescribed by the ordinance of the relevant local government; provided, where a lease period is extended under Article 31 (4) 2 of the Act, no reduction of lease fees shall be granted in the case referred to in subparagraph 1: <Amended on Nov. 16, 2011; Jul. 12, 2016; Dec. 4, 2018; Dec. 22, 2020; Feb. 18, 2022>

1. Where the use of general property leased is restricted due to a cause attributable to the relevant local government: 100/100 of lease fees for the period of non-use;

2. Where any of the following applies: 50/100 of lease fees:

a. Where property is leased to attract facilities falling under Article 29 (1) 19;

b. Where a private contract is concluded for lease under Article 29 (1) 20, 25, or 26;

c. Where general property located in a specially designated industrial crisis response area under Article 10 (1) of the Special Act on Response to Local Industrial Crisis and Recovery of Local Economy, an employment disaster area declared under Article 32-2 of the Framework Act on Employment Policy, or an area designated and publicly notified by the Minister of Employment and Labor under Article 29 of the Enforcement Decree of that Act, is leased;

3. Cases other than those under subparagraphs 1 and 2: 30/100 of lease fees.

(3) Where the head of a local government reduces lease fees under Article 34 (4) of the Act, the amount of reduction shall be limited to the lease fees calculated on the basis that the property of another person occupied by the relevant local government is regarded as general property. <Added on Apr. 20, 2022>

[This Article Wholly Amended on Apr. 24, 2009]

Article 38(Cases where property may be sold by a private contract) #

(1) The head of a local government may sell general property by a private contract under the proviso of Article 29 (1) of the Act, if it falls under any of the following cases: <Amended on Dec. 15, 2009; Jun. 28, 2010; Aug. 4, 2010; Apr. 10, 2012; Mar. 23, 2013; Jul. 7, 2014; Nov. 19, 2014; Feb. 16, 2015; Jul. 20, 2015; Jul. 12, 2016; Jul. 26, 2017; Jan. 9, 2018; Sep. 18, 2018; Apr. 11, 2023; Jan. 7, 2025>

1. Where the State or another local government intends to use the property for official or public purposes;

2. Where the property is sold to a person who has leased such property under the conditions of a lease contract pursuant to Article 29 (5) 3;

3. Where the appraised value of property calculated by the methods under Article 31 (2) does not exceed 30 million won;

4. Where a person who owns adjacent land is the sole owner and the land without any buildings thereon falls short of the minimum lot size prescribed in Article 57 (1) of the Building Act, such land may be sold to the owner of such adjacent land;

5. Where apartments, tenement houses, or public housing constructed by a local government and the sites thereof are sold to persons of distinguished service to the State designated by the Minister of Patriots and Veterans Affairs or to beneficiaries under the National Basic Living Security Act;

6. Where property created through a development project under the Tourism Promotion Act is sold to end users moving into a designated district in accordance with the occupancy plan;

7. Where property is sold to village residents for residential or public facility sites or sold to a residents' organization to establish communal facilities, in order to support or encourage residential environment improvement projects under the Agricultural and Fishing Villages Improvement Act;

8. Where it is necessary to sell property secretly for diplomatic or national defense reasons;

9. Where property is disposed of for disaster recovery or relief purposes due to a natural disaster or other calamity;

10. Where property is sold to persons relocating population-concentrating facilities in the Seoul Metropolitan Area, as defined in subparagraphs 1 through 3 and 5 of Article 3 of the Enforcement Decree of the Seoul Metropolitan Area Readjustment Planning Act, in order to relocate such facilities to non-metropolitan areas;

11. Where stocks are sold by entrusting the sale thereof to investment traders or investment brokers;

12. Where the property provided for business handled by a local government is sold to a person who comprehensively takes over such business from the local government;

13. Where property is sold to a social welfare corporation that conducts early childhood education or child welfare services, or to a children's educational organization governed by the Act on the Establishment and Operation of Public Interest Corporations, in order to support early childhood education or child welfare projects;

14. Where property necessary for business purposes is sold to any of the following institutions:

a. A corporation established under the Local Public Enterprises Act;

b. Any institution designated as a public institution by the Minister of Economy and Finance among institutions prescribed in Article 4 (1) 1 through 3 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution");

c. The Government Employees Pension Service established under the Public Officials Pension Act;

d. The Public Officials Benefit Association established under the Public Officials Benefit Association Act;

e. The Korean Broadcasting System established under the Broadcasting Act;

f. The Korea Educational Broadcasting System established under the Korea Educational Broadcasting System Act;

g. The Korea Local Information Research and Development Institute established under the Electronic Government Act;

15. Where property is sold to a person entitled to be donated such property or leased such property free of charge under other Acts;

16. Where land designated for a specific use under Article 97 of the National Land Planning and Utilization Act is sold to the implementer of an urban or gun planning project so that it may be used for the designated purpose;

17. Where work land directly used by a welfare factory for persons of distinguished service to the State designated by the Minister of Patriots and Veterans Affairs is sold;

18. Where property created as a rural tourism and resort district under Article 82 of the Agricultural and Fishing Villages Improvement Act is sold to farmers and fishers;

19. Where land used for a project under Article 78 (1) of the Agricultural and Fishing Villages Improvement Act (industrial complex project) is sold to a person implementing such project;

20. Where no bidders or successful bidders exist despite public notice and rebidding through an open competitive bid process;

21. Where school property of a school closed under the Act on the Promotion of Education in Islands and Remote Areas is sold for the purposes of youth education and projects for improving residents' welfare, to any of the following:

a. A school foundation under Article 2 (2) of the Private School Act;

b. A social welfare corporation under subparagraph 3 of Article 2 of the Social Welfare Program Act;

c. A public interest corporation under Article 2 of the Act on the Establishment and Operation of Public Interest Corporations;

d. Other non-profit corporations;

22. Where a school located in an eup or myeon area other than an island or remote area under subparagraph 21 is closed, and the school property is sold to a school foundation;

23. Where, in view of the location, form, or use of the property, it is difficult to put such property up for an open competitive bid process, or where it is unavoidable to sell such property by a private contract in light of the purpose or nature of the contract, and the details and scope thereof are prescribed by municipal ordinances of the local government;

24. Where property necessary for the implementation of a market rearrangement project under subparagraph 6 of Article 2 of the Special Act on the Development of Traditional Markets and Shopping Districts is sold to a project implementer, occupant, or user;

25. Deleted; <Jan. 9, 2018>

26. Where property is sold for the installation of a charnel facility under subparagraph 9 of Article 2 of the Act on Funeral Services;

27. Where land isolated and surrounded by private land owned by the same person is sold to such owner;

28. Where property is sold in order to attract factories or research facilities that meet the standards prescribed by municipal ordinances of the local government to revitalize the local economy, provided that the number of full-time employees residing in the relevant area is at least 30 or that at least 30 percent of raw materials are to be procured from the relevant area;

29. Where land incorporated into a housing construction project under the Housing Act is sold according to the standards prescribed by the Minister of the Interior and Safety;

30. Where land necessary for establishing a school under Article 2 of the Elementary and Secondary Education Act or Article 2 of the Higher Education Act is sold to a school foundation under Article 2 (2) of the Private School Act;

31. Where property co-owned by a local government and another person is sold to such co-owner, provided that the share owned by the local government is not more than 300 square meters in a metropolitan city area, not more than 500 square meters in a dong area of a special self-governing city, a province, or Jeju Special Self-Governing Province, or not more than 1,000 square meters in an eup or myeon area of a special self-governing city, a province, or Jeju Special Self-Governing Province, and that the shareholding ratio of the other co-owner is at least 50 percent;

32. Where a building or structure owned by a local government is constructed or installed on private land, and such property is sold to the landowner in consideration of the location, scale, form, and use of such building or structure;

33. Where, due to the nature of intellectual property, the implementation thereof (referring to the implementation as defined in subparagraph 3 of Article 2 of the Patent Act, subparagraph 3 of Article 2 of the Utility Model Act, and subparagraph 7 of Article 2 of the Design Protection Act; hereinafter the same shall apply) requires a specific person's technology or facilities, making it difficult to put such property up for an open competitive bid process;

34. Where equity securities in a corporation to which a local government has contributed funds are sold to shareholders or other investors of such corporation, pursuant to Article 44-2 (1) of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development;

35. Where property necessary for the purpose business of a stock company to which a local government has contributed funds is sold to such company according to the standards prescribed and publicly notified by the Minister of the Interior and Safety, pursuant to Article 44-2 (1) 2 of the Enforcement Decree of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development.

(2) Notwithstanding paragraph (1), where property is subject to long-standing factual or legal disputes between conflicting interested parties, making it extremely difficult to resolve, or where property is deemed inappropriate to be sold by a private contract, such property shall be sold by an open competitive bid process. <Amended on Aug. 4, 2010; Jul. 20, 2015>

[This Article Wholly Amended on Apr. 24, 2009]

Article 39(Payment of sale price and installment payment) #

(1) Where it is deemed difficult to pay the entire sale price of general property in a lump sum in any of the following cases, the purchaser may be allowed to pay the price in installments over a period not exceeding 10 years, with interest applied at the rate prescribed and publicly notified by the Minister of the Interior and Safety, taking into account the average deposit interest rate on one-year time deposits at commercial banks; provided, where the relevant local government continues to occupy or use the property sold for a certain period, the purchaser may be required to pay such interest from the time when he or she receives delivery of, or begins to occupy or use, the property sold: <Amended on Jun. 21, 2013; Jul. 7, 2014; Jul. 12, 2016; Jul. 26, 2017; Nov. 16, 2023>

1. Where property is sold to the State or another local government to be directly used for public or official purposes;

2. Where the purchaser of the property suffers significant damage to property due to a disaster, etc.;

3. Other cases prescribed by the municipal ordinances of the relevant local government.

(2) Notwithstanding paragraph (1), where any of the following cases applies, the purchaser may be allowed to pay the price in installments over a period not exceeding 20 years, with interest applied at the rate prescribed and publicly notified by the Minister of the Interior and Safety, taking into account the average deposit interest rate on 1-year time deposits at commercial banks: <Amended on Jun. 21, 2013; Jul. 12, 2016; Jul. 26, 2017>

1. Where apartments, tenement houses, public housing, and their sites constructed by a local government for low-income residents are sold;

2. Where property related to rural development or the construction of a multi-purpose dam is sold;

3. Where it is deemed particularly necessary due to natural disasters or other calamities;

4. Where property is sold to relocate population-concentrating facilities in the Seoul Metropolitan Area, under subparagraphs 1 through 3 and 5 of Article 3 of the Enforcement Decree of the Seoul Metropolitan Area Readjustment Planning Act;

5. Where property necessary for foreign-invested enterprises prescribed by municipal ordinances of a local government is sold; in such cases, the interest applied during the installment payment period shall not exceed 4 percent per annum, and if the property is sold before the investment project plan for the foreign-invested enterprise is approved, the purchaser may be required to pay interest from the date the investment project plan is approved;

6. Where property is sold to attract factories or research facilities of manufacturing enterprises that meet the standards prescribed by the head of a local government to revitalize the local economy, provided that the number of full-time employees residing in the relevant area is at least 30 or that at least 30 percent of raw materials are to be procured from the relevant area.

(3) The period for paying the entire sale price in a lump sum under Article 37 (1) of the Act shall not exceed 60 days from the date of contract conclusion; provided, for foreign-invested enterprises prescribed by municipal ordinances of the relevant local government, the payment period may be separately prescribed by such ordinances.

(4) Where property developed through direct public development or revenue-generating projects by the head of a local government is sold, the purchaser may be allowed to pay the price in installments without interest in accordance with municipal ordinances of the relevant local government, notwithstanding paragraph (1).

(5) The remaining balance of the sale price shall be subject to the interest rates under paragraphs (1) and (2).

[This Article Wholly Amended on Apr. 24, 2009]

Article 45(Payment of exchange differential) #

(1) The exchange differential of general property shall be paid in a lump sum; provided, in cases falling under any subparagraph of Article 11-3 (1), where it is difficult to pay the entire amount in a lump sum, the balance may be paid in installments over a period not exceeding 10 years, together with interest calculated at the rate publicly announced by the Minister of the Interior and Safety, taking into account the average deposit interest rate for 1-year time deposits at commercial banks. <Amended on Jun. 21, 2013; Jul. 12, 2016; Jul. 26, 2017>

(2) Where the property is exchanged to relocate population-concentrating facilities in the Seoul Metropolitan Area under subparagraphs 1 through 3 and 5 of Article 3 of the Enforcement Decree of the Seoul Metropolitan Area Readjustment Planning Act to a non-metropolitan area, the exchange differential may be paid in installments over a period not exceeding 20 years, with interest calculated at the rate publicly notified by the Minister of the Interior and Safety, considering the average interest rate on 1-year time deposits of commercial banks. <Amended on Jun. 21, 2013; Jul. 12, 2016; Jul. 26, 2017>

(3) The proviso of paragraph (1) shall not apply to the exchange differential of movables among general property.

(4) The period for lump-sum payment of the exchange differential under paragraph (1) shall not exceed 60 days from the date of contract conclusion.

(5) The transfer of ownership in the exchange of general property shall be made only after the exchange differential has been fully paid; provided, where the exchange differential is paid in installments pursuant to the proviso of paragraph (1) or paragraph (2), ownership may be transferred before full payment of the exchange differential, but necessary measures shall be taken to secure claims, such as the creation of a mortgage. <Amended on Jul. 7, 2014>

[This Article Wholly Amended on Apr. 24, 2009]

[Title Amended on Jul. 7, 2014]

Article 46(Transfer) #

(1) Where a transfer is made pursuant to Article 40 (1) 1 of the Act, the registered price of the relevant public property shall be deemed the price of the relevant property.

(2) Cases where a transfer may be made pursuant to Article 40 (1) 2 of the Act shall be any of the following cases: <Amended on Aug. 4, 2010; Aug. 22, 2023>

1. Where the relevant general property falls under property for disaster preparedness, disaster recovery, relief projects, or property of a similar purpose;

2. Where the public building (including ancillary facilities) is located on land owned by the State or another local government, and the public building is transferred to the State or the local government which is the owner of the land for use according to its purpose.

(3) A transfer pursuant to Article 40 (1) of the Act shall be within the value of facilities provided; and where the floor area ratio, building-to-land ratio, or number of stories has been relaxed under Article 52 (3) of the National Land Planning and Utilization Act, the transfer value shall be within the amount excluding the corresponding value; provided, in the case of land, it shall be calculated by area. <Amended on Aug. 4, 2010>

(4) "Cases prescribed by Presidential Decree, where the value of assets falls or it is not necessary to possess assets" in Article 40 (1) 5 of the Act means any of the following cases: <Amended on Aug. 4, 2010>

1. Where some of the products of public forest are transferred to current residents who have contributed to the protection of the forest or cooperated in measures necessary for forest protection;

2. Where a building owned by a local government is located on land not owned by the local government, and where lease or sale is difficult, and the demolition cost exceeds the value of the building, and the landowner requests demolition, thereby making it unavoidable to transfer the building to the landowner;

3. Where a discontinued community center located on land not owned by the local government is transferred to joint representatives or a village council with the consent of a majority of village residents, so that residents may use it jointly.

(5) When transferring general property pursuant to Article 40 (1) of the Act, the head of a local government shall clearly record and manage the following matters: <Added on Aug. 4, 2010>

1. The name (and the name of the representative in the case of a corporation) and address of the transferee;

2. The price of the general property to be transferred;

3. The condition of the property to be transferred;

4. Grounds and conditions for the transfer, if any;

5. The contract and receipt.

(6) Where the effect of the special contract registration entered as an additional note expires pursuant to Article 40 (2) of the Act, the head of a local government shall provide the landowner, upon request, with the information and documents necessary for filing an application for cancellation of registration. <Added on Jul. 12, 2016>

[This Article Wholly Amended on Apr. 24, 2009]

Article 48(Trust of general property) #

(1) Where general property is entrusted under Article 42 of the Act, the trustee may be selected through a private contract. In such cases, the head of a local government shall receive business plans from at least 2 real estate trust companies and evaluate their appropriateness.

(2) Where general property is entrusted, a trust agreement prescribed by the rules of the relevant local government shall be used.

(3) A trustee entrusted with general property shall, as of the end of each year during the trust period, prepare accounts of the entrusted affairs and pay the profits arising from the trust to the head of the relevant local government by the end of February of the following year.

(4) Where the trust period expires or the trust agreement is terminated, the trustee shall finalize the accounts of the entrusted affairs, obtain approval from the head of the relevant local government, and transfer the entrusted property to the local government by the following methods:

1. Land and fixtures: The trust registration shall be canceled and registered to the transfer of ownership to the local government; provided, fixtures that are difficult to register shall be transferred in their existing condition;

2. Other property generated by the trust: It shall be paid in cash to the local government.

(5) The trust fees paid by a local government to a trustee shall be determined by any of the following criteria:

1. Fees estimated by examining similar cases of private real estate trusts;

2. The lowest ratio of the proposed fee amount to the estimated feasible trust dividends, among proposals made by at least 2 trustees;

3. The fee of the trustee selected based on the business plans proposed by at least 2 trustees;

4. Fees calculated by the results of a service on trust fees.

(6) Except as provided for in paragraphs (1) through (5), matters necessary for the management of the trust of general property shall be prescribed by the ordinance of the relevant local government.

[This Article Wholly Amended on Apr. 24, 2009]

Article 48-4(Methods of attribution of property developed by entrustment to local governments) #

(1) Property developed by entrustment pursuant to Article 43-3 (1) of the Act shall vest in the local government simultaneously with its completion.

(2) The entrusted institution shall prepare a report on the management status of entrusted general property and details of various revenues as of the end of each year, and submit it to the entrusted institution, which is the head of the relevant local government.

(3) Disclosure of the results of the entrustment development project under Article 43-3 (8) of the Act shall be made according to the following criteria: <Added on Apr. 20, 2022>

1. Details to be disclosed: The following matters:

a. Overview of the entrustment development project;

b. Statement of entrustment development costs;

c. Statement of profits generated by entrustment development;

d. Vacancy rate of property developed by entrustment;

e. Remuneration of the entrusted institution;

f. Other matters equivalent to those under items a. through e., which the Minister of the Interior and Safety deems necessary to disclose regarding the results of the entrustment development project;

2. Time of disclosure: The time classified as follows:

a. Initial disclosure: Within 3 months from the completion of property developed by entrustment;

b. Regular disclosure: The time classified as follows:

1) Sale-type development under Article 43-3 (3) 1 of the Act: Within 1 month from the lapse of 1 year after the initial disclosure under item a.;

2) Lease-type development under Article 43-3 (3) 2 of the Act: Within 1 month from the lapse of 5 years after the initial disclosure under item a.;

3) Mixed-type development under Article 43-3 (3) 3 of the Act: Within 1 month from the lapse of 3 years after the initial disclosure under item a.;

c. Final disclosure: Within 6 months from the expiration of the entrustment period;

3. Method of disclosure: Posting on the Internet website of the relevant local government.

(4) The head of a local government shall separately determine matters concerning the method of sale and lease of property developed by the entrusted institution, the remuneration of the entrusted institution, and other necessary matters, through deliberation by the Public Property Deliberation Committee. <Amended on Mar. 31, 2020; Apr. 20, 2022>

[This Article Added on Apr. 24, 2009]

Article 78(Methods of disposal of commodities in disuse and special cases) #

(1) When commodities in disuse are disposed of by an open competitive bid process, the bid notice, bid opening, and declaration of successful bidders shall be conducted using a designated information processing system. <Added on Jan. 9, 2018>

(2) Where commodities in disuse are disposed of by an open competitive bid process under paragraph (1), if there is at least one valid bid at or above the estimated price, the successful bidder shall be the person who has submitted the highest bid. <Added on Jan. 9, 2018>

(3) Commodities in disuse that have not been disposed of by an open competitive bid process after 2 or more attempts may be disposed of by an auction or private contract pursuant to the proviso of Article 76 (2) of the Act; provided, in the following cases, such commodities may be disposed of by an auction or private contract without undergoing an open competitive bid process: <Amended on Aug. 4, 2010, Jul. 12, 2016, Jan. 9, 2018, Apr. 20, 2022>

1. Where commodities in disuse are disposed of with a disposal unit price of not more than 100,000 won and a total disposal amount of not more than 5,000,000 won;

2. Where agricultural machinery in disuse is disposed of with a disposal unit price of not more than 5,000,000 won and a total disposal amount of not more than 10,000,000 won to farmers residing in the relevant local government;

3. Where such commodities are disposed of to the State or another local government.

(4) Where commodities in disuse are disposed of pursuant to paragraphs (1) through (3), the estimated price shall be the appraisal value assessed by an appraisal corporation, etc.; provided, for commodities in disuse falling under any of the following subparagraphs, the estimated price may be determined based on quotations obtained from the contracting party or a third party: <Amended on Jul. 7, 2014, Feb. 16, 2015, Jan. 9, 2018, Jan. 21, 2022, Apr. 20, 2022>

1. Commodities in disuse with an acquisition unit price of not more than 100,000 won: The contracting party or a third party;

2. Commodities in disuse with an acquisition unit price of not more than 100,000 won: The contracting party or a third party;

3. Commodities in disuse with an acquisition unit price of not more than 100,000 won: The contracting party or a third party;

4. Commodities in disuse that are automobiles under the Motor Vehicle Management Act: Persons qualified to investigate and assess automobile prices pursuant to Article 58-5 of that Act.

(5) The estimated price determined under paragraph (4) shall not be disclosed to a prospective purchaser of such commodities in disuse; provided, if it is deemed that the disposal can be easily carried out by disclosing the estimated price, such disclosure may be made. <Amended on Jan. 9, 2018>

[This Article Wholly Amended on Apr. 24, 2009]

Article 79(Transfer of commodities in disuse) #

(1) "Persons prescribed by Presidential Decree" in the provisions, with the exception of its subparagraphs, of Article 78 (1) of the Act means the following persons: <Amended on Apr. 20, 2022; Apr. 11, 2023; Aug. 22, 2023>

1. The State;

2. Other local governments;

3. Associations of local governments;

4. Institutions prescribed in Article 4 (1) 1 through 3 of the Act on the Management of Public Institutions, which are designated as public institutions by the Minister of Economy and Finance;

5. Local public corporations and local public enterprises under Articles 49 and 76 of the Local Public Enterprises Act;

6. Institutions established under the Act on the Operation of Local Government-Invested or -Funded Institutions, whose purpose is to establish educational or research institutions;

7. Social welfare corporations under the Social Welfare Services Act;

8. Social enterprises under the Enforcement Decree of the Social Enterprise Promotion Act;

9. Organizations related to veterans designated by the Minister of Patriots and Veterans Affairs at the request of the Minister of the Interior and Safety;

10. Persons equivalent to those under subparagraphs 1 through 9, deemed necessary for transfer of commodities in disuse by the Minister of the Interior and Safety, and publicly announced.

(2) Commodities that may be transferred to local residents under Article 78 (1) 8 of the Act shall be limited to the following: <Amended on Apr. 20, 2022>

1. Commodities acquired for the purpose of provision to local residents;

2. Commodities required by recipients under subparagraph 2 of Article 2 of the National Basic Living Security Act.

(3) Deleted. <Apr. 20, 2022>

(4) When the head of a local government transfers commodities under Article 78 (1) of the Act, he or she shall specify the following matters: <Amended on Apr. 20, 2022>

1. Name (and the name of the representative in the case of an institution) and address of the transferee;

2. Classification number, name, specifications, quantity, and value of the commodities;

3. Usage history of the commodities;

4. Condition of the commodities;

5. Reason for gratuitous transfer;

6. The contract and receipt.

[This Article Wholly Amended on Apr. 24, 2009]

Article 81(Indemnities) #

(1) Indemnities under Article 81 of the Act shall be the amount equivalent to 120/100 of the total of the usage fees or lease fees calculated pursuant to Articles 14, 31, and 74 by fiscal year for the period during which the property or commodities were occupied or used for profit without authorization (in the case of intellectual property, it refers to the usage fees calculated under Article 52-4 (1)); provided, where the indemnities exceed 500,000 won, they may be paid in installments within 3 years with interest added at the rate publicly announced by the Minister of the Interior and Safety, considering the average interest rate for one-year time deposits at commercial banks. <Amended on Aug. 4, 2010, Jun. 21, 2013, Jul. 20, 2015, Jul. 12, 2016, Jul. 26, 2017, Dec. 22, 2020, Apr. 20, 2022, Aug. 22, 2023>

(2) When indemnities under paragraph (1) are collected, the amount, payment deadline, place of payment, and the basis of calculation shall be specified in writing.

(3) The payment deadline under paragraph (2) shall be within 60 days from the date of the notice of payment of indemnities.

(4) Where an unauthorized occupant under Article 81 (1) of the Act (hereinafter referred to as "unauthorized occupant") falls under any of the following subparagraphs, the head of a local government may defer collection of indemnities within 1 year from the initial payment deadline as prescribed by municipal ordinances: <Added on Jul. 7, 2014, Apr. 20, 2022, Aug. 22, 2023>

1. Where the property has suffered significant damage due to a disaster or theft;

2. Where the unauthorized occupant or his or her family living together requires long- term treatment due to illness or serious injury;

3. Where the unauthorized occupant is a recipient under subparagraph 2 of Article 2 of the National Basic Living Security Act;

4. Other cases deemed equivalent to subparagraphs 1 and 2.

(5) Deleted. <Apr. 20, 2022.>

(6) Where the unauthorized occupant satisfies all of the following requirements, the head of a local government shall not collect indemnities for the period from the date of the notice of payment of indemnities to the date of payment: <Amended on Aug. 22, 2023>

1. The indemnities shall be paid within the payment deadline under paragraph (3);

2. Unauthorized occupation or unauthorized use or profit of the relevant public property or commodities shall be corrected before the payment of indemnities under subparagraph 1.

[This Article Wholly Amended on Apr. 24, 2009]

Article 85-2(Excavation of local buried objects) #

(1) The affairs concerning the excavation of objects buried in land or other property owned by a local government (hereinafter referred to as "local buried objects") shall be administered by the head of the relevant local government; provided, where they are buried in military facilities under the Protection of Military Bases and Installations Act, such affairs shall be administered by the Minister of National Defense or the head of a military unit or agency delegated thereby.

(2) An institution administering affairs concerning the excavation of local buried objects pursuant to paragraph (1) (hereinafter referred to as the "administering institution") may permit a person who has obtained its approval in accordance with this Decree to excavate the buried objects.

(3) A person who intends to obtain approval for excavation of local buried objects (hereinafter referred to as "excavation approval") shall submit to the administering institution an application (including applications in electronic document form) stating the indication of the buried objects, their estimated quantity and estimated value, and the background of the excavation, with the following documents (including electronic documents) attached; in such cases, the administering institution shall verify, through joint use of administrative information under Article 36 (1) of the Electronic Government Act, a property tax or comprehensive landholding tax payment certificate of the financial guarantor (applicable only where a financial guarantor is providing the guarantee, and the property must correspond to not less than 1/2 of the required expenses); and where the financial guarantor does not consent to such verification, the certificate shall be attached:

1. A drawing indicating the location of the buried objects;

2. A work plan;

3. A business financing plan;

4. A statement of estimated expenses;

5. A letter of financial guarantee jointly guaranteed by 2 financial guarantors, or a performance bond policy containing a special clause for fixed compensation not less than the required expenses.

(4) A person who intends to obtain excavation approval under paragraph (2) shall, at the time of application, pay to the administering institution an excavation deposit of not less than 10/100 of the estimated value of the buried objects, and where the excavation approval is canceled, the administering institution shall cause the deposit to be forfeited to the treasury of the local government or to the national treasury.

(5) With respect to the method of payment of the excavation deposit, Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which a Local Government is a Party or Article 6 (1) of the Regulations on the Excavation of Objects Buried in State Property shall apply; and with respect to the method of forfeiture to the treasury of the local government or to the national treasury, where the excavation deposit is received in the form of a guarantee or an insurance policy, Article 38 (1) of the Enforcement Decree of the Act on Contracts to Which a Local Government is a Party or Article 6 (3) of the Regulations on the Excavation of Objects Buried in State Property shall apply.

(6) Except as provided in paragraphs (1) through (5), the Regulations on the Excavation of Goods Buried in State Property shall apply mutatis mutandis to the excavation of local buried articles. In such cases, "State property" shall be construed as "co-ownership," "State" as "local government," "national treasury" as "treasury or national treasury of a local government," and "Minister of Strategy and Finance" as "Minister of the Interior and Safety," respectively. <Amended on Nov. 19, 2014; Jul. 26, 2017>

[This Article Added on Jul. 7, 2014]

Article 95-2(Management of personally identifiable information) #

(1) The head of a local government may, if unavoidable, process data containing resident registration numbers under Article 19 (1) 1 of the Enforcement Decree of the Personal Information Protection Act in order to perform the following administrative affairs: <Amended on Feb. 16, 2015; Jul. 20, 2015; Apr. 20, 2022>

1. Affairs concerning contributed acceptance under Article 7 of the Act;

2. Affairs concerning prohibition on constructing permanent facilities under Article 13 of the Act;

3. Affairs concerning permission for use of administrative property and lease of general property under Articles 20 and 29 of the Act;

4. Affairs concerning entrusted management of administrative property, trust of general property, and entrustment of general property under Articles 27, 42, and 43-2 of the Act;

5. Affairs concerning sale, exchange, and transfer of general property under Articles 36, 39, and 40 of the Act;

6. Affairs concerning permission for use, etc. of intellectual property under Article 43-5 of the Act;

7. Affairs concerning inspection of public property under Article 44 of the Act;

8. Affairs concerning lease and exchange of commodities under Articles 74 and 79 of the Act;

9. Affairs concerning sale and transfer of commodities in disuse under Articles 76 and 78 of the Act;

10. Affairs concerning collection of overdue charges and indemnities under Articles 80 and 81 of the Act;

11. Affairs concerning return of erroneously paid money under Article 82 of the Act;

12. Affairs related to orders, etc. for restoration to the original state under Article 83 of the Act;

13. Affairs concerning reports of concealed public property under Article 84 of the Act.

(2) An institution entrusted with management of administrative property under Article 27 of the Act may, if unavoidable, process data containing resident registration numbers under Article 19 (1) 1 of the Enforcement Decree of the Personal Information Protection Act in order to perform affairs concerning sublease, collection of usage fees, and management of administrative property under paragraphs (5) and (6) of that Article. <Added on Feb. 16, 2015; Jul. 20, 2015>

(3) An institution entrusted under Article 43-2 of the Act may, if unavoidable, process data containing resident registration numbers under Article 19 (1) 1 of the Enforcement Decree of the Personal Information Protection Act in order to perform affairs concerning management and disposition of entrusted property. <Added on Feb. 16, 2015>

[This Article Added on Jun. 21, 2013]

ENFORCEMENT DECREE OF THE PUBLIC PROPERTY AND COMMODITY MANAGEMENT ACT

Article 1(Purpose) #

Article 2(Scope of public property) #

Article 3(Classification of public property) #

Article 4(Property insurance and mutual-aid contracts) #

Article 5(Acceptance of donation) #

Article 6(Registration or records) #

Article 6-2(Medium-term public property management plan) #

Article 7(Public property management plan) #

Article 8(Transfer of property between accounts) #

Article 9(Prohibition on construction of permanent facilities) #

Article 10(Attribution of usage fees) #

Article 10-2(Report by public officials on acquisition or exchange of public property) #

Article 10-3(Composition and operation of public property council) #

Article 10-4(Revenue sources of public property management fund) #

Article 10-5(Composition and operation of public property policy council) #

Article 11(Restrictions on disposal) #

Article 11-2(Type and price of administrative property to be exchanged) #

Article 11-3(Payment of exchange differential) #

Article 12(Permission for use) #

Article 13(Methods of permission for use) #

Article 14(Usage fees) #

Article 15(Reduction of usage fees) #

Article 16(Adjustment of usage fees) #

Article 17(Reduction or exemption of usage fees) #

Article 18(Compensation for losses due to cancellation of permission for use) #

Article 19(Eligibility and period for entrustment of management of administrative property) #

Article 19-2(Establishment of bids and qualifications for participation) #

Article 19-3(Contracts with restriction on eligibility for bid participation) #

Article 19-4(Contracts by nominated bid) #

Article 19-5(Cases subject to private contract) #

Article 20(Management of entrusted property) #

Article 21(Entrustment fees for entrusted property) #

Article 22(Reporting on management status) #

Article 23 #

Article 24(Investment in kind and appraisal) #

Article 25(Payment in substitutes) #

Article 26(Methods of contracts) #

Article 27(Evaluation of prices of general property) #

Article 27-2 #

Article 28(Price appraisal when improving public property) #

Article 29(Lease contracts for general property) #

Article 30(Period of lease) #

Article 31(Lease fee rates and valuation of leased property) #

Article 31-2(Lease fees upon renewal of lease contracts) #

Article 32(Due dates for lease fees) #

Article 33(Reduction of lease fees) #

Article 34(Adjustment of lease fees) #

Article 35(Reduction or exemption of lease fees) #

Article 36(Compensation for losses due to cancellation or termination of lease contracts) #

Article 37(Cases where sale may be made by nominated competitive bid process) #

Article 37-2(Restrictions on sale of general property) #

Article 37-3(Sale with specified use) #

Article 38(Cases where property may be sold by a private contract) #

Article 39(Payment of sale price and installment payment) #

Article 40(Reduction of sale price) #

Article 41(Transfer of ownership) #

Article 42(Special cases concerning sale of general property) #

Article 43(Brokerage fees for sale of general property) #

Article 44(Exchange) #

Article 45(Payment of exchange differential) #

Article 46(Transfer) #

Article 47 #

Article 48(Trust of general property) #

Article 48-2(Entrusted institutions of general property) #

Article 48-3(Management of entrusted property) #

Article 48-4(Methods of attribution of property developed by entrustment to local governments) #

Article 49(Management of public property register) #

Article 50(Register price) #

Article 51 #

Article 52(Reports on increases, decreases, and current prices) #

Article 52-2(Permission to use intellectual property) #

Article 52-3(Methods of permission for use, etc. of intellectual property) #

Article 52-4(Standards for calculating usage fees of intellectual property) #

Article 52-5(Reduction of or exemption from usage fees of intellectual property) #

Article 52-6(Period of permission for use, etc. of intellectual property) #

Article 52-7(Criteria for calculating usage fees, etc. in cases where permission for use, etc. is renewed) #

Article 52-8(Evaluation of prices of intellectual property) #

Article 53(Commodity classification numbers) #

Article 54(Standardization of commodities) #