Article 1(Purpose) #
The purpose of this Act is to contribute to the sound management of national finance through the promotion of the appropriate management of State property by prescribing matters concerning special cases concerning State property, such as the reduction of and exemption from fees of State property, etc., and the regulation thereof.
Article 2(Definitions) #
The term "special cases concerning State property" in this Act means any of the following:
1. Reduction of and exemption from fees, rent, other prices for the use of or proceeds from State property (hereinafter referred to as "fees, etc.") to which Article 32(1), 34(1) or 47(1) of the State Property Act does not apply;
2. A permit to use or lending of State property beyond the period (hereinafter referred to as "permission for long-term use, etc.") prescribed by Article 35(1) or 46(1) of the State Property Act;
3. Transfer of State property to which Article 55(1) of the State Property Act does not apply.
Article 3(Scope of application) #
This Act shall not apply to any of the following cases: <Amended on Jan. 29, 2020; Jan. 11, 2022>
1. Where fees, etc. of State property are reduced and exempted, a permission for long-term use of State property is granted, or State property is transferred as the prices for contributions to the State or provision of replacement facilities thereto (including cases corresponding thereto) by any statute;
2. Where permission to occupy or use State property is granted or State property is lent or transferred, in accordance with the Road Act, the River Act, the Small River Maintenance Act, the Public Waters Management and Reclamation Act, the Fishing Villages and Fishery Harbors Act, or the Harbor Act.
Article 4(Regulation of special cases concerning State property) #
(1) No special cases concerning any State property shall be prescribed without conforming to the statutes prescribed in the Appendix. <Amended on Dec. 30, 2014>
(2) The Appendix of this Act cannot be amended by any statute other than this Act.
(3) Where other statutes have provisions different from the Appendix of this Act regarding the duration of special cases concerning State property, the Appendix of this Act shall apply thereto, notwithstanding the provisions of such other statutes. <Added on Jan. 11, 2022>
Article 5(Basic principles for special cases concerning State property) #
Where the State newly establishes, modifies, or operates special cases concerning State property by enacting or amending a statute that provides for special cases concerning State property, the purpose of this Act and the following principles shall be complied with:
1. The operation of special cases concerning State property shall conform to the interests of the entire State;
2. Special cases concerning State property shall be more appropriate than budgetary support, investment in kind, and other methods, as a method of financial support to persons eligible for special cases;
3. Purposes and subject matters of, and application requirements for, special cases concerning State property shall be prescribed specifically and clearly in a statute;
4. Special cases concerning State property shall be operated for the shortest period of time necessary to achieve the objectives thereof.
[This Article Wholly Amended on Jan. 11, 2022]
Article 5-2(Duration period of State property) #
(1) Where any special case concerning State property is newly established, the duration period of the provisions of a statute governing such special case shall be specified in the Appendix. <Amended on Jan. 11, 2022>
(2) The provisions of other statutes governing special cases concerning State property shall remain in force until the expiration of the duration period specified in the Appendix. <Added on Jan. 11, 2022>
(3) The duration period under paragraph (1) shall be set as the shortest period of time necessary to achieve the purpose of the special cases on State property and shall not exceed 10 years, except in cases of permission for long-term use, etc. <Amended on Jan. 11, 2022>
[This Article Added on Dec. 30, 2014]
[Title Amended on Jan 11, 2022]
Article 6(Examination on establishment of special cases concerning State property) #
(1) Where it is necessary to establish or change a special case concerning State property (hereafter in this Article referred to as "establishment, etc.") by enacting or amending statutes or regulations, the head of each central government agency (referring to the head of a central government agency under Article 6 of the National Finance Act) shall request the Minister of Finance and Economy to examine the validity of the establishment, etc. of the special case concerning State property before he or she pre-announces legislation of the relevant statutes or regulations. <Amended on Oct. 1, 2025>
(2) Where the head of each central government agency requests an examination pursuant to paragraph (1), he or she shall submit a plan for the establishment, etc. of special cases concerning State property (hereinafter referred to as "plan").
(3) Where the Minister of Finance and Economy is requested to make an examination in accordance with paragraph (1), he or she shall examine whether the establishment, etc. of special cases concerning State property complies with the basic principles of special cases concerning State property under Article 5: <Amended on Jan. 11, 2022; Oct. 1, 2025>
1. Deleted; <Jan. 11, 2022>
2. Deleted; <Jan. 11, 2022>
3. Deleted; <Jan. 11, 2022>
4. Deleted. <Jan. 11, 2022>
(4) Where the Minister of Finance and Economy makes an examination in accordance with paragraph (3), he or she shall have the State Property Policy Deliberative Committee under Article 26 of the State Property Act deliberate thereon. <Amended on Oct. 1, 2025>
(5) Where the Minister of Finance and Economy deems that, as a result of making an examination under paragraph (3), the establishment, etc. of special cases concerning State property fails to comply with the principles specified in the subparagraphs of Article 5, he or she may request the head of a central government agency who has submitted the relevant plan to review or revise the plan. <Amended on Jan. 11, 2022; Oct. 1, 2025>
Article 7(Inspection and assessment on special cases concerning State property) #
(1) The Minister of Finance and Economy shall conduct the following examinations and evaluations on a regular basis, after deliberation by the State Property Policy Deliberative Committee to efficiently manage and operate special cases concerning State property: <Amended on Jan. 11, 2022; Oct. 1, 2025>
1. Examinations on the actual operational status, such as the amount of expenditure and procedures for administration of special cases concerning State property;
2. Evaluations of effectiveness and feasibility, such as the level of attainment of objectives, economic expenses, and performance of management in regard to special cases concerning State property.
(2) The Minister of Finance and Economy may take the following measures based on the results of the examinations and evaluations under paragraph (1): <Amended on Jan. 11, 2022; Oct. 1, 2025>
1. Where it is deemed that the operation of special cases concerning State property is inappropriate or it is unnecessary to maintain the special cases concerning State property: Requesting the head of the competent central government agency to improve the system, such as amending statutes or regulations for the repeal, etc. of the relevant special cases concerning State property;
2. Where it is deemed necessary to extend the duration period of special cases concerning State property: Promotion of amending statutes or regulations for the extension of the duration period of the relevant special cases concerning State property in consultation with the head of the competent central government agency.
(3) The head of the competent central government agency who has been requested to improve the system in accordance with paragraph (2)1 shall consult with the Minister of Finance and Economy by preparing measures such as amending statutes or regulations to repeal the relevant special cases concerning State property, etc. <Amended on Jan. 11, 2022; Oct. 1, 2025>
(4) Where the Minister of Finance and Economy deems it necessary for inspection and assessment under paragraph (1), he or she may request the head of the competent central government agency to submit necessary data. <Amended on Oct. 1, 2025>
(5) The Minister of Finance and Economy shall disclose the outcomes of inspection and assessment under paragraph (1) to the public according to the method and procedure prescribed by Presidential Decree.
(6) The Minister of Finance and Economy may entrust specialized research institutes with surveys and research related to the evaluations under paragraph (1)2 and may pay expenses incurred in performing the entrusted affairs, within the budget. <Added on Jan. 11, 2022; Oct. 1, 2025>
Article 8(Formulation of comprehensive plans for special cases concerning State property) #
(1) The head of each central government agency shall formulate a plan for special cases concerning State property for the next year and submit it to the Minister of Finance and Economy by no later than June 30 each year by including it in a plan for the next year on the management and disposition of State property under Article 9(2) of the State Property Act. <Amended on Dec. 30, 2025>
(2) The Minister of Finance and Economy shall formulate a comprehensive plan for special cases concerning State property by integrating and adjusting plans for special cases concerning State property for the next year submitted by the heads of the central government agencies in accordance with paragraph (1) and include it in a comprehensive plan for State property under Article 9(3) of the State Property Act. <Amended on Oct. 1, 2025>
(3) A comprehensive plan for special cases concerning State property shall include the following matters:
1. The basic-direction setting for operation of special cases concerning State property;
2. The actual outcomes and prospects of the operation of special cases concerning State property by types;
3. Kinds and sizes of State property, the use of which is to be permitted, or to be lent or transferred in the next year, and the basis for the calculation thereof;
4. Matters prescribed by Presidential Decree in addition to those under the provisions of subparagraphs 1 through 3.
Article 9(Reports on actual outcomes of operation) #
(1) The head of a central government agency shall submit the actual outcomes of operation according to a comprehensive plan for special cases concerning State property to the Minister of Finance and Economy by no later than the end of February of the next year by including it in the management and operation report of State property under Article 69(1) of the State Property Act. <Amended on Oct. 1, 2025>
(2) The Minister of Finance and Economy shall integrate the actual outcomes of operation submitted by the heads of the central government agencies in accordance with paragraph (1) and include it in the general management and operation report of State property under Article 69(2) of the State Property Act. <Amended on Oct. 1, 2025>
Article 10(Preparation of expenditure budget for special cases concerning State property) #
(1) The Minister of Finance and Economy shall prepare a report in which the actual outcomes of funding in the immediately preceding fiscal year according to special cases concerning State property, such as reduction of and exemption from fees, etc., transfer, etc., and the estimated amount of funding in the relevant year and the next year are analyzed by types of special cases concerning State property (hereinafter referred to as "expenditure budget for special cases concerning State property"). <Amended on Oct. 1, 2025>
(2) When necessary for preparing an expenditure budget for special cases concerning State property, the Minister of Finance and Economy may request the heads of the central government agencies to submit data. <Amended on Oct. 1, 2025>
(3) Matters concerning the specific method of preparing an expenditure budget for special cases concerning State property shall be prescribed by Presidential Decree.
Article 11(Consultation on transfer of State property) #
Where any of the following persons intends to transfer any State property in accordance with any statute other than the State Property Act, he or she shall have prior consultation with the Minister of Finance and Economy: <Amended on Dec. 30, 2025>
1. The head of a central government agency;
2. A person to whom the affairs related to the administration and disposal of general property are delegated or entrusted under Article 42(1) of the State Property Act.
[This Article Added on Dec. 30, 2014]
[(Previous) Article 11 moved to Article 12 <Dec. 30, 2014>]
Article 12(Restrictions on uses of transfer) #
(1) A person to whom State property is transferred under any statute shall use such property for the designated purpose for not less than 10 years from the date of transfer.
(2) Where the head of a central government agency transfers State property, he or she shall register a special agreement to the effect that a transfer contract shall be terminated if any transferred property is used within 10 years for a purpose other than for what it was transferred.
[Moved from Article 11; (Previous) Article 12 moved to Article 13 <Dec. 30, 2014>]
Article 13(Delegation of authority) #
(1) The Minister of Finance and Economy may delegate part of his or her affairs regarding the inspection and assessment on special cases concerning State property under Article 7 to the Administrator of the Public Procurement Service, as prescribed by Presidential Decree. <Amended on Dec. 30, 2025>
(2) Where the Administrator of the Public Procurement Service conducts an inspection and assessment on special cases concerning State property in accordance with paragraph (1), he or she shall report the findings thereof to the Minister of Finance and Economy. <Amended on Oct. 1, 2025>
[Moved from Article 12 <Dec. 30, 2014>]