Article 1(Purpose) #
The purpose of this Act is to prescribe matters necessary for implementing maintenance projects for buildings neglected for a long period after discontinuance of construction, thereby improving the aesthetics of sites where construction works have been discontinued, ensuring the safety of such sites and enhancing the efficiency of use of national land.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Jan. 19, 2016; Apr. 18, 2017; Mar. 16, 2021>
1. The term "building neglected after discontinuance of construction" means either a building under construction or substantial repair after the commencement of construction works is reported pursuant to Article 21 of the Building Act or a building under construction or substantial repair after the commencement of construction works under Article 16 (2) of the Housing Act, the construction works of which are found to have been discontinued for a total of at least two years in a fact-finding survey conducted under Article 4;
1-2. The term "building, etc. neglected after discontinuance of construction" means a building neglected after discontinuance of construction and rights thereto other than ownership thereof, as well as the site of such building required for implementing a maintenance project, standing timber and structures fixed at the site, other articles, and rights thereto other than ownership thereof;
2. The term "maintenance projects" means a series of projects that a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu") implements by demolishing any building neglected after discontinuance of construction or completing its construction by any of the following maintenance methods in accordance with a maintenance plan for buildings neglected after discontinuance of construction under Article 6 to improve aesthetics, control safety and prevent crimes and thereby utilizes the relevant land or building:
(a) Demolition of hazardous buildings neglected after discontinuance of construction and hazardous buildings neglected after long-term discontinuance of construction under Articles 7 and 7-2;
(b) Subsidizing or financing construction costs pursuant to Article 8;
(c) Conciliating disputes under Article 9;
(d) Granting tax reductions or exemptions pursuant to Article 10;
(e) Demolishing a building neglected after discontinuance of construction, construction of a new building, or resuming construction works under Article 12;
(f) Demolishing a building, constructing a new building, or resuming construction works through an entrusted project provided for in Article 12-2;
(g) Resuming construction works through a project implemented by a project agent under Article 12-3;
3. The term "client" means a client defined in Article 2 (1) 12 of the Building Act;
4. The term "person involved in construction" means a designer, project supervisor, contractor, or related specialized engineer defined in Article 2 (1) of the Building Act;
5. The term "interested party" means a person who holds a right to a building neglected after discontinuance of construction other than ownership thereof, such as a real right granted by way of security.
Article 3(Relationship to other statutes) #
(1) This Act shall take precedence over other statutes regarding maintenance projects.
(2) Except as provided in this Act, the Building Act; the Act on Acquisition of and Compensation for Land for Public Works Projects; and the Public Property and Commodity Management Act shall apply mutatis mutandis to maintenance projects.
Article 4(Fact-finding surveys on buildings neglected after discontinuance of construction) #
(1) The Minister of Land, Infrastructure and Transport shall conduct a fact-finding survey on buildings neglected after discontinuance of construction (hereinafter referred to as "fact-finding survey") every three years in relation to the following matters: <Amended on Apr. 18, 2017>
1. Status of the locations of buildings neglected after discontinuance of construction by region;
2. The progress of construction and period of discontinuance of construction by building neglected after discontinuance of construction;
3. Direct and indirect causes of discontinuing construction by building neglected after discontinuance of construction;
4. Status of legal relationship by building neglected after discontinuance of construction;
5. Other matters prescribed by Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport may designate a specialized institution prescribed by Presidential Decree to conduct a fact-finding survey under paragraph (1) on his or her behalf. <Added on Jan. 19, 2016>
(3) The Minister of Land, Infrastructure and Transport or the head of a specialized institution which conducts a fact-finding survey on his or her behalf pursuant to paragraph (2) may request the relevant client, a person involved in construction, or an interested party to submit necessary data to conduct the fact-finding survey under paragraph (1) and may enter construction sites, such as buildings and sites, to inspect matters necessary for the fact-finding survey. <Added on Jan. 19, 2016>
(4) The method and procedures for conducting fact-finding surveys and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jan. 19, 2016>
Article 5(Formulation of master plans to maintain buildings neglected after discontinuance of construction) #
(1) The Minister of Land, Infrastructure and Transport shall formulate a master plan to maintain buildings neglected after discontinuance of construction (hereinafter referred to as "master plan"), including the following matters, every three years based on the findings of a fact-finding survey; and shall finalize the master plan upon consultation with the heads of related central administrative agencies and subject to deliberation by the building committee established under the Ministry of Land, Infrastructure and Transport pursuant to Article 4 of the Building Act. The same shall also apply to any amendment to the master plan: <Amended on Apr. 18, 2017>
1. Direction-setting for national policies on maintenance of buildings neglected after discontinuance of construction;
2. Direction-setting for formulating maintenance plans for buildings neglected after discontinuance of construction referred to in Article 6;
3. Rough standards for determining maintenance of buildings neglected after discontinuance of construction as well as maintenance methods for such buildings;
4. A financial assistance plan for maintenance projects;
5. Any other matters prescribed by Presidential Decree, which are necessary to maintain buildings neglected after discontinuance of construction.
(2) The Minister of Land, Infrastructure and Transport shall notify without delay the heads of related central administrative agencies and the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor, or the Governor of the Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the location of the relevant building neglected after discontinuance of construction of the master plan finalized in accordance with paragraph (1); and shall publicly notify it in the Official Gazette. <Amended on Mar. 16, 2021>
Article 6(Formulation of maintenance plans for buildings neglected after discontinuance of construction) #
(1) Upon receipt of notice of a master plan in accordance with Article 5 (2), a Mayor/Do Governor shall formulate a maintenance plan for buildings neglected after discontinuance of construction (hereinafter referred to as "maintenance plan"), including the following matters, based on the master plan without delay: <Amended on Apr. 18, 2017; Mar. 16, 2021>
1. Basic direction-setting for maintenance projects;
2. Period for maintenance projects;
3. Standards for determining the maintenance of buildings neglected after discontinuance of construction and maintenance methods for such buildings;
4. Whether to maintain each building neglected after discontinuance of construction and the method of maintenance; in such cases, where a building neglected after discontinuance of construction for not less than 7 years is included in the list, measures to demolish the building neglected after discontinuance of construction or to complete and utilize such building through the resumption of projects shall be specifically prepared through the methods of improvement referred to in subparagraph 2 (a) and (e) through (g) of Article 2;
5. A plan to sell or utilize the land remaining after buildings neglected after discontinuance of construction are demolished pursuant to Article 12 (1) or buildings the construction of which has been completed;
6. A plan to settle accounts for the owners and interested parties of buildings, etc. neglected after discontinuance of construction;
6-2. Details of a building, etc. neglected after discontinuance of construction which are subject to acquisition pursuant to Article 11, if any;
7. A financial assistance plan for maintenance projects;
8. Any other matters prescribed by Presidential Decree, which are necessary to implement maintenance projects.
(2) Where a Mayor/Do Governor formulates or amends a maintenance plan, he or she shall hold a briefing session for the relevant project after notifying the client of the relevant building neglected after discontinuance of construction, persons involved in construction, and interested parties of a draft maintenance plan in writing; and shall consult thereon with the head of a Si/Gin/Gu having jurisdiction over the location of the building and shall hear the opinion of the local council. In such cases, the local council shall state its opinion within 60 days; and shall be deemed to have no opinion unless it states its opinion by the time limit. <Amended on Mar. 16, 2021>
Article 7(Demolition of hazardous buildings neglected after discontinuance of construction) #
(1) With respect to any of the following buildings neglected after discontinuance of construction and deemed inevitable to be demolished (hereafter in this Article referred to as "hazardous building neglected after discontinuance of construction"), the head of a Si/Gun/Gu may order the client to demolish it, as prescribed by the relevant maintenance plan; provided, if no maintenance plan has been formulated, the client may be ordered to demolish it after deliberation by the local building committee.
1. A building neglected after discontinuance of construction, which is highly likely to cause accidents, such as collapse or fire, or crimes;
2. A building neglected after discontinuation of construction, which is likely to be harmful to the public interest or to seriously disrupt urban aesthetics or residential environment;
(2) Where the head of a Si/Gun/Gu issues an order for demolition in accordance with paragraph (1), the client shall demolish the building vulnerable to discontinuance of construction within 6 months, unless there is a compelling reason not to do so. In such cases, permission granted in accordance with Article 11 (1) of the Building Act or a report filed in accordance with Article 14 (1) of that Act shall be deemed revoked or invalidated, respectively.
(3) Where a client of a hazardous building neglected after discontinuance of construction fails to perform his or her obligation of demolition under paragraph (2), notwithstanding the absence of any compelling reason not to do so, the head of a Si/Gun/Gu may demolish the hazardous building neglected after discontinuance of construction ex officio, or take measures to acquire the right, other than the ownership of the relevant hazardous building neglected after discontinuance of construction, and the site, standing trees, buildings, other articles fixed on the site, and the right, other than the ownership, of the relevant hazardous building neglected after discontinuance of construction (hereafter referred to as "hazardous building, etc. neglected after discontinuance of construction" in this Article) necessary for a maintenance project, as prescribed by Presidential Decree.
(4) Where the whereabouts of the client of a hazardous building neglected after discontinuance of construction in accordance with paragraph (3) is unknown, the head of a Si/Gun/Gu shall publicly announce an order to demolish the relevant hazardous building neglected after discontinuance of construction and a statement that he or she will demolish it ex officio if the client fails to comply with such order, in a daily newspaper and on its website at least once, and where the client of a hazardous building neglected after discontinuance of construction fails to demolish such building after 90 days from the date of public announcement in a daily newspaper, he or she may demolish it ex officio.
Article 7-2(Demolition of hazardous buildings neglected after long-term discontinuance of construction) #
(1) Notwithstanding Article 7 (1), where the head of a Si/Gun/Gu deems it inevitable to demolish a building neglected after discontinuance of construction for a total period of at least 10 years because it falls under any subparagraph of Article 7 (1) (hereafter referred to as "hazardous buildings neglected after long-term discontinuance of construction" in this Article), he or she shall issue an order to the client to demolish the hazardous buildings neglected after long-term discontinuance of construction, following deliberation by the relevant local building committee.
(2) Article 7 shall apply mutatis mutandis to procedures for demolishing hazardous buildings neglected after long-term discontinuance of construction, compensation therefor, etc. under paragraph (1).
[This Article Added on Mar. 16, 2021]
[Previous Article 7-2 moved to Article 7-3 <Mar. 16, 2021>]
Article 7-3(Order to take safety measures) #
Where deemed necessary to ensure the safety of a building, etc. or improve the aesthetics thereof neglected after discontinuance of construction as a result of a fact-finding survey, the head of a Si/Gun/Gu may issue an order to take any of the following measures to the relevant client: <Amended on Jun. 9, 2020; Mar. 16, 2021>
1. Installing and maintaining safety fences, etc. to control access to the construction site as well as installing warnings;
2. Preventing structures, temporary materials, etc. of a building, etc. neglected after discontinuance of construction from falling off, collapsing or scattering;
3. Pumping out stagnant water from structures or excavation pits;
4. Taking measures to ensure the stability of underground sheathing and retaining walls;
5. Installing a screen to cover buildings neglected after discontinuation of construction;
6. Any other measures against threats to the safety of local residents posed by a building, etc. neglected after discontinuance of construction.
[This Article Added on Apr. 18, 2017]
[Title Amended on Mar. 16, 2021]
[Moved from Article 7-2 <Mar. 16, 2021>]
Article 8(Subsidization for construction costs) #
(1) Where the head of a local government deems it necessary to resume construction or demolish a building neglected after discontinuance of construction (excluding demolitions in accordance with Articles 7 and 7-2), comprehensively taking account of its architectural and aesthetic value, the possibility of utilizing the building through converting it to a building for public use, etc., he or she may arrange a new client; or may partially subsidize or finance the construction costs for the client within the budget, as prescribed by the relevant maintenance plan. <Amended on Mar. 16, 2021>
(2) The standards and procedures for subsidizing or financing construction costs pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
Article 9(Conciliation of disputes) #
(1) The head of a Si/Gun/Gu may conciliate disputes among the client of a building neglected after discontinuance of construction, persons involved in construction and interested parties to resume construction of such building. <Amended on Mar. 16, 2021>
(2) The client of a building neglected after discontinuance of construction, any person involved in construction, or any interested party may file an application for conciliation with the competent head of a Si/Gun/Gu under paragraph (1). <Amended on Mar. 16, 2021>
(3) The head of a Si/Gun/Gu may delegate conciliation of disputes under paragraph (1) to the working committee for conciliation of construction disputes under Article 88 (1) of the Building Act. <Amended on Jan. 19, 2016; Mar. 16, 2021>
(4) Detailed procedures and methods for conciliating disputes pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
Article 10(Tax reduction and exemption) #
A local government may grant a reduction of or exemption from acquisition tax to a person who intends to acquire a building, etc. neglected after discontinuance of construction to construct a new building or resume construction pursuant to the Restriction of Special Local Taxation Act. <Amended on Apr. 18, 2017>
Article 11(Acquisition of buildings, etc. neglected after discontinuance of construction) #
(1) Where the head of a local government deems it necessary to resume construction or demolish a building neglected after discontinuance of construction (excluding demolitions in accordance with Articles 7 and 7-2), comprehensively taking account of its architectural and aesthetic value, the possibility of utilizing the building through converting it to a building for public use, etc., he or she may arrange a new client; or may partially subsidize or finance the construction costs for the client within the budget, as prescribed by the relevant maintenance plan. <Amended on Mar. 16, 2021>
(2) A purchase price individually agreed upon under paragraph (1) shall be determined by mutual agreement of the parties based on an amount evaluated considering the location, shape, environment, usage, etc. of the building, etc. neglected after discontinuance of construction subject to purchase. In such cases, the timing, method, etc. for calculating the evaluated amount, which serves as a basis for the purchase price, shall be prescribed by Presidential Decree. <Amended on Apr. 18, 2017>
(3) Except as provided in this Act, the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the acquisition of a building, etc. neglected after discontinuance of construction by consultation or expropriation under that Act in accordance with paragraph (1). In such cases, the public notice of a maintenance plan under Article 6 (5) shall be deemed the public notice of approval of the project under Article 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects. <Added on Apr. 18, 2017; Mar. 16, 2021>
(4) The standards and procedures for indemnification following the implementation of maintenance projects may be separately prescribed by Presidential Decree. <Amended on Apr. 18, 2017>
[Title Amended on Apr. 18, 2017]
Article 12(Maintenance of acquired buildings neglected after discontinuance of construction) #
(1) Where the head of a Si/Gun/Gu or an entrusted business entity under Article 12-2 acquires a building, etc. neglected after discontinuance of construction in accordance with Article 11 (1), he or she shall demolish the building, etc., construct a new building, or resume construction works without delay, as prescribed by the relevant maintenance plan. <Amended on Apr. 18, 2017; Mar. 16, 2021>
(2) Where the head of a Si/Gun/Gu resumes construction works in accordance with paragraph (1), he or she may conclude a contract for the relevant project preferentially with a person involved in construction who is not responsible for discontinuance of construction, notwithstanding Article 9 of the Act on Contracts to Which a Local Government Is a Party. <Amended on Mar. 16, 2021>
Article 12-2(Implementation of entrusted projects) #
(1) To efficiently implement maintenance projects, the head of a Si/Gun/Gu may designate an entrustment business entity (hereinafter referred to as "entrusted business entity") from among the following persons to entrust it with all or some of the affairs concerning acquiring buildings, etc. neglected after discontinuance of construction under Article 11 and maintenance of buildings neglected after discontinuance of construction under Article 12:
1. The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act (hereinafter referred to as the "Korea Land and Housing Corporation");
2. A local government-invested public corporation incorporated to implement housing projects pursuant to the Local Public Enterprises Act (hereinafter referred to as "local government-invested public corporation");
3. A corporation a person specified in subparagraph 1 or 2 has incorporated by making an investment exceeding 50/100 of the total equity.
(2) Where the head of a Si/Gun/Gu intends to designate an entrusted business entity in accordance with paragraph (1), he or she shall prepare an agreement on entrusted projects prescribed by Decree of the Ministry of Land, Infrastructure and Transport, including the following matters, upon consultation with the entrusted business entity and shall publicly notify the major information prescribed by Presidential Decree in the public gazette of the relevant local government: <Amended on Apr. 18, 2017; Mar. 16, 2021>
1. The relevant entrusted business entity;
2. Matters specified in Article 6 (1) 1 through 8 (limited to relevant matters);
3. The scope of entrustment;
4. A detailed list of buildings, etc. neglected after discontinuance of construction subject to acquisition;
5. Income and expenditure expected to occur in relation to maintenance projects;
6. A compensation plan for interested parties;
7. Matters to be supported by the head of a Si/Gun/Gu;
8. Other matters prescribed by Presidential Decree.
(3) Paragraph (2) shall apply mutatis mutandis to the procedures for amending the agreement on entrusted projects; provided, any amendment to insignificant matters prescribed by Presidential Decree shall be made through consultation between the competent head of a Si/Gun/Gu and the relevant entrusted business entity. <Amended on Mar. 16, 2021>
Article 12-3(Designation of project agents) #
(1) Where it is deemed impracticable for the client to continue to perform construction works due to long-term discontinuance of construction, disputes over legal relationship, etc. and the following requirements are satisfied, the competent head of a Si/Gun/Gu may designate a project agent to implement construction works on behalf of the client (hereinafter referred to as "project agent") from among the persons specified in Article 12-2 (1) 1 through 3 and may authorize such project agent to implement the relevant maintenance project: <Amended on Jun. 9, 2020; Mar. 16, 2021>
1. The client must fully delegate the management and disposal of the relevant building and site to the project agent, and the client must give consent to the relevant compensation plan (including where the sum of the equity held by joint owners who have given consent thereto is at least 80/100, if the site is jointly owned);
2. The interested parties must delegate their rights to the relevant building, land, etc. to the project agent, and the interested parties must give consent to the relevant plan for the amount of compensation (including where the sum of the equity held by interested parties who have given consent thereto is at least 80/100, if at least two interested parties exist).
(2) Where the head of a Si/Gun/Gu intends to designate a project agent in accordance with paragraph (1), he or she shall prepare an agreement on vicarious implementation of projects prescribed by Decree of the Ministry of Land, Infrastructure and Transport, including the following matters, upon consultation with the project agent and shall publicly notify the major information prescribed by Presidential Decree in the public gazette of the relevant local government: <Amended on Mar. 16, 2021>
1. The relevant project agent;
2. Matters specified in Article 6 (1) 1 through 8 (limited to relevant matters);
3. The scope of vicarious implementation;
4. Matters specified in Article 12-2 (2) 4 through 7;
5. Other matters prescribed by Presidential Decree.
(3) Paragraph (2) shall apply mutatis mutandis to the procedures for amending an agreement on vicarious implementation of projects; provided, any amendment to insignificant matters prescribed by Presidential Decree shall be made through consultation between the competent head of a Si/Gun/Gu and the relevant project agent. <Amended on Mar. 16, 2021>
(4) Where the designation of a project agent is publicly notified pursuant to paragraph (2), the project agent shall be deemed to have obtained the status of a client defined in Article 2 (1) 12 of the Building Act for the relevant building, etc. neglected after discontinuance of construction and deemed to have succeeded to the rights and responsibilities of the client pursuant to relevant statutes or regulations. <Amended on Apr. 18, 2017>
Article 12-4(Special cases concerning maintenance projects for neglected buildings) #
(1) Where a Mayor/Do Governor publicly notifies the maintenance plan including the details of relaxing the following standards at the request of an entrusted business entity or project agent, he or she may apply the following relaxed standards: <Amended on Mar. 16, 2021>
1. Restrictions on the use, type and scale of buildings prescribed by the relevant ordinance pursuant to the delegation provisions of Article 76 (1) or (2) of the National Land Planning and Utilization Act (limited to those permissible by the relevant ordinance for a special-purpose area which is classified into the areas specified in each item of Article 36 (1) 1 of the National Land Planning and Utilization Act);
2. The maximum limit on the floor area ratio prescribed by the relevant ordinance pursuant to the delegation provisions related to Article 78 of the National Land Planning and Utilization Act (not exceeding the maximum limit on the floor area ratio provided for in Article 78 of the National Land Planning and Utilization Act);
3. Matters prescribed by Presidential Decree among housing construction standards under Article 35 of the Housing Act;
4. Any other standards prescribed by ordinance of the relevant local government in accordance with the delegation provisions of relevant statutes or regulations (if the relevant statutes or regulations set the limit that can be prescribed by ordinances, such limit shall not be exceeded).
(2) Where a Mayor/Do Governor applies a relaxed floor area ratio pursuant to paragraph (1) 2, he or she shall be subject to joint deliberation by the building committee provided for in Article 4-2 of the Building Act and the City/Do Urban Planning Committee established under Article 113 (1) of the National Land Planning and Utilization Act.
(3) Article 73 of the Building Act shall apply mutatis mutandis to application, etc. of construction standards to buildings neglected after discontinuance of construction.
(4) Where expenditure is exceeding income as in the course of the settlement of accounts of any maintenance project under Article 12-2 or 12-3, the head of a Si/Gun/Gu may request that expenditure for other maintenance projects implemented in his or her jurisdiction by the relevant entrusted business entity or project agent be calculated in consideration of such excess expenditure. <Amended on Mar. 16, 2021>
(5) Any surplus accruing from maintenance projects shall be assigned to the Maintenance Fund for Buildings Neglected after Discontinuance of Construction under Article 13, as prescribed by Presidential Decree. <Amended on Apr. 18, 2017; Mar. 16, 2021>
Article 13(Establishment of maintenance fund for buildings neglected after discontinuance of construction) #
(1) A Mayor/Do Governor having jurisdiction over the locations of buildings neglected after discontinuance of construction shall establish the Maintenance Fund for Buildings Neglected after Discontinuance of Construction (hereinafter referred to as the "Maintenance Fund") to provide, etc. support for maintenance projects and the head of a Si/Gun/Gu may establish and operate the Maintenance Fund if necessary to seamlessly implement, etc. maintenance projects implemented in his or her jurisdiction. <Amended on Apr. 18, 2017; Mar. 16, 2021>
(2) The Maintenance Fund shall be raised by any of the following funding categories: <Amended on Jan. 19, 2016; Apr. 18, 2017>
1. Contributions or donations by the Government or persons other than the Government;
2. Deleted; <Mar. 16, 2021>
3. Surplus accruing from the settlement of accounts of maintenance projects provided for in Article 12 (1), 12-2, or 12-3;
4. Revenues accruing from the operation of the Maintenance Fund;
4-2. An amount equivalent to the share prescribed by ordinance of the relevant local government in the enforcement fines imposed and collected pursuant to Article 80 of the Building Act;
5. Other gains prescribed by Presidential Decree.
(3) The Maintenance Fund shall be used for any of the following purposes: <Amended on Jan. 19, 2016; Apr. 18, 2017; Mar. 16, 2021>
1. Ex officio demolition of hazardous buildings neglected after discontinuance of construction and hazardous buildings neglected after long-term discontinuance of construction under Articles 7 and 7-2;
2. Subsidizing or financing construction costs pursuant to Article 8;
3. Paying compensation to the clients and interested parties of buildings, etc. neglected after discontinuance of construction which are acquired pursuant to Article 11;
4. Demolishing buildings neglected after discontinuance of construction, constructing new buildings, or resuming construction works pursuant to Article 12, 12-2, or 12-3;
5. Incidental expenses incurred in operating and managing the Maintenance Fund;
5-2. Offsetting losses from maintenance projects;
Article 13-2(Establishment and operation of maintenance support organization) #
(1) To efficiently implement maintenance projects, the Minister of Land, Infrastructure and Transport may establish a maintenance support organization (hereinafter referred to as the "Maintenance Support Organization") or designate it from among the following persons:
1. The Korea Land and Housing Corporation established pursuant to the Korea Land and Housing Corporation Act;
2. A local government-invested public corporation incorporated to implement housing projects pursuant to the Local Public Enterprises Act;
3. Other persons prescribed by Presidential Decree.
(2) The Maintenance Support Organization shall engage in any of the following activities: <Amended on Apr. 18, 2017; Mar. 16, 2021>
1. Support for fact-finding surveys on buildings neglected after discontinuance of construction;
2. Support for formulating master plans to maintain buildings neglected after discontinuance of construction as well as maintenance plans therefor;
3. Implementation of maintenance projects under Articles 12-2 and 12-3;
4. Implementing leading projects pursuant to Article 13-3;
5. Other activities prescribed by the Minister of Land, Infrastructure and Transport.
(3) Where any surplus revenues accrue from implementing leading projects and maintenance projects, the Maintenance Support Organization shall manage such revenues in a separate account. In such cases, the revenues shall be used only for maintenance projects. <Amended on Mar. 16, 2021>
[This Article Added on Jan. 19, 2016]
Article 13-3(Implementation of and support for leading projects to maintain buildings neglected after discontinuance of construction) #
(1) In order to facilitate maintenance projects, the Minister of Land, Infrastructure and Transport may promote projects deemed urgent or to have a significant ripple effect on maintenance projects as leading projects. In such cases, the Minister of Land, Infrastructure and Transport shall consult with the head of a Si/Gun/Gu having jurisdiction over the building neglected after discontinuance of construction. <Amended on Apr. 18, 2017; Mar. 16, 2021>
(2) In implementing a leading project pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall formulate a plan for the leading project. <Added on Apr. 18, 2017>
(3) Notwithstanding paragraph (2), where the head of a Si/Gun/Gu makes a request in consultation with the relevant Mayor/Do Governor, the Minister of Land, Infrastructure and Transport may designate the Maintenance Support Organization as a project implementer and formulate a plan for leading projects. The same shall also apply where he or she modifies a plan for leading projects. <Added on Mar. 16, 2021>
(3) The Minister of Land, Infrastructure and Transport may provide financial and administrative assistance to a Special Self-Governing Province, a Special Self-Governing City, a Si/Gun/autonomous Gu, entrusted business entities, project agents, the Maintenance Support Organization, etc. participating in leading projects under paragraphs (1) and (3). <Amended on Apr. 18, 2017; Mar. 16, 2021>
(4) Articles 11, 12, and 12-4 shall apply mutatis mutandis to the acquisition, maintenance, and special cases concerning maintenance projects of buildings neglected after discontinuance of construction which are necessary to implement leading projects. In such cases, "maintenance projects" under Article 11 shall construed as "leading projects", "publicly notify" under Article 6 (5) as "publicly notify the plan for leading projects", and "maintenance plan" under Article 11, 12, or 12-4 as "plan for leading projects". <Added on Apr. 18, 2017; Mar. 16, 2021>
[This Article Added on Jan. 19, 2016]
Article 14(Delegation of authority) #
(1) A Mayor/Do Governor (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor) may delegate part of his or her authority under this Act to the head of a Si/Gun/Gu (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor), as prescribed by Presidential Decree. <Amended on Mar. 16, 2021>
(2) Deleted. <Jan. 19, 2016>
Article 15(Legal fiction as public officials for purposes of applying penalty provisions) #
Executive officers or employees of a public corporation or corporation who perform the duties entrusted under Article 12-2 shall be deemed public officials in the application of the provisions of Articles 129 through 132 of the Criminal Act.
[This Article Added on Aug. 14, 2018]
[Previous Article 15 moved to Article 16 <Aug. 14, 2018>]
Article 16(Penalty provisions) #
A client who violates Article 7-3 shall be punished by imprisonment with labor of up to 2 years or by a fine of up to 100 million won. <Amended on Mar. 16, 2021>
[This Article Added on Apr. 18, 2017]
[Moved from Article 15 <Aug. 14, 2018>]