SPECIAL ACT ON THE IMPROVEMENT OF RESIDENTIAL ENVIRONMENTS AND PROMOTION OF REMODELING IN AGRICULTURAL AND FISHING VILLAGES

Article 1(Purpose) #

The purpose of this Act is to contribute to creating eco-friendly, sustainable, and livable agricultural and fishing villages by providing for matters necessary to improve residential environments and dilapidated and substandard housing in such villages in a planned and efficient manner.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jun. 22, 2015>

1. "Agricultural and fishing village" means an agricultural village defined in subparagraph 5 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry and a fishing village defined in subparagraph 6 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development;

2. "Remodeling" means an act of extending, reconstructing, or carrying out major repairs to a building in order to suppress its deterioration or improve its functions;

3. "Improvement zone" means a zone designated and publicly notified under Article 6 for the purpose of improving agricultural and fishing villages;

4. "Improvement project" means any of the following projects carried out in an improvement zone in accordance with the procedures prescribed by this Act, to improve fundamental infrastructure and to upgrade or construct rural housing (including buildings and land appurtenant thereto; hereinafter the same shall apply), residential environments, and landscapes of agricultural and fishing villages:

a. Comprehensive redevelopment project: A project to comprehensively redevelop a village by designating, as an improvement zone, an area contiguous to an existing village where fundamental infrastructure and dilapidated and substandard rural housing are extremely poor;

b. Linked development project: A project to designate, as an improvement zone, an area contiguous to an existing village where fundamental infrastructure is poor, expand and redevelop the fundamental infrastructure of the existing village, improve dilapidated and substandard rural housing, and develop the contiguous area into a new village;

c. Maintenance and preservation-type development project: A project to improve residential environments by remodeling dilapidated and substandard rural housing and expanding and redeveloping fundamental infrastructure, while preserving the existing village without modifying an urban or Gun management plan under Article 2(4) of the National Land Planning and Utilization Act;

5. "Project implementer" means a person who implements an improvement project;

6. "Dilapidated and substandard rural housing" means rural housing structured for long-term independent residential living, which falls under any of the following:

a. Rural housing in which slate has been used;

b. Rural housing where a building is damaged or partially destroyed, posing a risk of collapse or other safety accidents;

c. Rural housing for which demolition is inevitable due to functional defects, poor construction, or structural defects caused by deterioration;

d. Rural housing that has not been inhabited or used by anyone for at least 1 year from the date on which the head of a Si/Gun or the head of an autonomous Gu of a Metropolitan City (hereinafter referred to as the "head of a Si/Gun/Gu") confirms whether it is inhabited or used;

7. "Fundamental infrastructure" means roads, water supply and sewerage systems, and sewage and wastewater treatment facilities;

8. "Community facilities" means village halls, community workshops, and other facilities jointly used by residents, as prescribed by Presidential Decree;

9. "Communal rural housing" means communal living-type housing utilizing existing senior citizen centers, closed schools, housing, etc. referred to in subparagraph 6d, for the purpose of promoting the welfare of vulnerable groups in agricultural and fishing villages, such as senior citizens living alone and child-headed households;

10. "Building site" means land created through an improvement project;

11. "Owner of land, etc." means an owner of land or a building located within an improvement zone, or a holder of superficies thereon.

Article 3(Responsibilities of the State and local governments) #

The State and local governments shall establish comprehensive policy measures and administrative and financial support plans for improving residential environments and enhancing welfare in agricultural and fishing villages.

Article 4(Relationship to other statutes) #

This Act shall apply in preference to other statutes with respect to improvement projects; provided, where any other statute contains provisions more relaxed than the special provisions concerning regulations under this Act, such other statute shall apply.

Article 5(Establishment of comprehensive plans for the improvement of agricultural and fishing villages) #

(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall, in consultation with the heads of relevant agencies, establish a comprehensive plan for the improvement of agricultural and fishing villages (hereinafter referred to as the "comprehensive plan") that includes the following matters:

1. Basic direction of improvement projects;

2. Areas subject to improvement projects (excluding residential, commercial, and industrial areas within urban areas under Article 36(1)1 of the National Land Planning and Utilization Act);

3. Estimated project costs;

4. Other matters prescribed by Presidential Decree.

(2) Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries deems it necessary to establish a comprehensive plan, he or she may request the heads of relevant agencies to submit data necessary for establishing such plan. In such cases, the heads of relevant agencies so requested shall comply therewith unless there is a good cause not to do so. <Amended on Feb. 11, 2020>

Article 6(Establishment of improvement plans and designation of improvement zones) #

(1) The head of a Si/Gun/Gu shall establish an improvement plan in consideration of the comprehensive plan, notify residents thereof in writing, hold a briefing session for residents, make the plan available for public inspection by residents for at least 30 days, and hear opinions of residents, and then apply for the designation of an improvement zone to a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") along with such opinions attached. When it is necessary to modify the contents of an improvement plan, he or she shall apply for modification of the designation following the same procedures; provided, if minor matters prescribed by Presidential Decree are to be modified, the procedures for written notification to residents, residents' briefing sessions, public inspection by residents, and hearing of opinions may be omitted.

(2) An improvement plan under paragraph (1) shall include the following matters; provided, the matters under subparagraphs 8 through 14 shall be formulated only if necessary:

1. The name of the improvement project, and the location and area of the improvement zone;

2. The implementation method and scheduled time of the improvement project;

3. The prospective implementer of the improvement project;

4. Details of land, real rights, or other rights to be expropriated or used;

5. Matters concerning the financing of the project costs;

6. Plans concerning scenery, traditional villages, rural community improvement, etc.;

7. Energy performance improvement of rural housing;

8. Installation plans for communal rural housing and children's activity spaces;

9. Supply and management of rural rental housing;

10. Land use plans, plans for fundamental infrastructure, and installation plans for community facilities;

11. Plans concerning environmental conservation;

12. Plans for the installation of Urban/Gun planning facilities under subparagraph 7 of Article 2 of the National Land Planning and Utilization Act;

13. Plans concerning the matters under the subparagraphs of Article 52(1) of the National Land Planning and Utilization Act;

14. Other matters prescribed by Presidential Decree as necessary for the implementation of the improvement project.

(3) If a Mayor/Do Governor intends to designate or change the designation of an improvement zone, he or she shall undergo deliberation by the local urban planning committee under Article 113 of the National Land Planning and Utilization Act (hereafter in this Article referred to as the "local urban planning committee"), as prescribed by Presidential Decree; provided, if it is not necessary to change the district unit planning and the district unit planning zone under Article 49 and 51 (1) of the National Land Planning and Utilization Act, or where he or she intends to change minor matters under the latter part of paragraph (1), deliberation by the local urban planning committee may be omitted.

(4) If a Mayor/Do Governor designates or changes the designation of an improvement zone under paragraph (3), he or she shall publicly notify the details of such designation or change, including the relevant improvement plan, in the public gazette of the relevant local government; report the details of such designation or change to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries in accordance with the methods and procedures prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries; and make the relevant documents available for public inspection.

(5) Where public notification of the designation or changed designation of an improvement zone is made under paragraph (4), any matters falling under any subparagraph of Article 52(1) of the National Land Planning and Utilization Act among the relevant improvement zone and improvement plan shall be deemed decided and publicly notified as the district unit planning and the district unit planning zone under Articles 49 and 51(1) of that Act.

(6) Where the head of a Si/Gun/Gu intends to include matters concerning the vesting and disposal of fundamental infrastructure, State property, and public property when formulating an improvement plan under paragraph (1), he or she shall hear the opinions of the management authorities of the relevant fundamental infrastructure, State property, and public property in advance.

Article 7(Operation of master planners) #

(1) The head of a Si/Gun/Gu may appoint an expert in the fields of rural area development and housing construction as a master planner in order to comprehensively oversee and coordinate all processes for establishing an improvement plan.

(2) Matters necessary for the qualifications, scope of duties, and operation of a master planner under paragraph (1) shall be prescribed by Presidential Decree.

Article 8(Consultation on strategic environmental assessment and environmental impact assessment) #

If an improvement plan includes an improvement project subject to consultation on a strategic environmental assessment, environmental impact assessment, or small-scale environmental impact assessment (hereafter in this Article referred to as "environmental impact assessment, etc."), the head of a Si/Gun/Gu or the project implementer shall conduct consultation on such environmental impact assessment, etc. under Articles 9, 16, 22, 27, 43, and 44 of the Environmental Impact Assessment Act.

Article 9(Revocation of improvement zone) #

(1) Where an improvement zone falls under any of the following, the head of a Si/Gun/Gu shall request the Mayor/Do Governor to revoke the improvement zone: <Amended on Feb. 11, 2020>

1. Where the project implementer fails to commence the improvement project by the date on which 3 years have elapsed from the date of designation of the improvement zone;

2. Where at least 2/3 of owners of land, etc. request the revocation of the improvement zone.

(2) If the head of a Si/Gun/Gu requests the revocation of an improvement zone under paragraph (1), he or she shall make the details of such revocation available for public inspection by residents for at least 30 days in advance.

(3) Article 6(3) through (6) shall apply mutatis mutandis to the procedures for the revocation of an improvement zone under paragraphs (1) and (2). In such cases, "designation or changed designation" shall be deemed "revocation."

(4) If an improvement zone is revoked, the use district, fundamental infrastructure, etc., changed by the improvement plan shall be deemed to have reverted to their original state prior to the designation of the improvement zone.

Article 10(Restrictions on acts) #

(1) Any person who intends to engage in acts prescribed by Presidential Decree, such as the construction of buildings, installation of artificial structures, change in the form and quality of land, extraction of soil and stone, partition of land, or piling up of objects in an improvement zone, shall obtain permission from the head of a Si/Gun/Gu; provided, the same shall apply where he or she intends to change any permitted matter. <Amended on Feb. 11, 2020>

(2) The following acts do not require permission, notwithstanding paragraph (1):

1. Taking emergency measures necessary for disaster relief or disaster recovery;

2. Other acts prescribed by Presidential Decree.

(3) Where a person has commenced construction or a project with respect to any act requiring permission under paragraph (1), for which permission had been obtained or was not required under relevant statutes as of the date of public notice of designation (including changed designation) of an improvement zone, such person may continue to implement such construction or project after filing a report with the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 11, 2020>

(4) The head of a Si/Gun/Gu may order a person who violates paragraph (1) to restore the relevant property to its original state. In such cases, if the person who receives the order fails to perform the obligation, the head of a Si/Gun/Gu may conduct administrative vicarious execution under the Administrative Vicarious Execution Act.

(5) Except as provided in this Act, Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the permission under paragraph (1).

(6) If permission is obtained under paragraph (1), such permission shall be deemed obtained under Article 56 of the National Land Planning and Utilization Act.

Article 11(Project implementer) #

(1) The head of a Si/Gun/Gu may designate a project implementer from among persons falling under any of the following to implement an improvement project: <Amended on Jan. 19, 2016; May 26, 2020>

1. Local governments;

2. The Korea Rural Community Corporation established under the Korea Rural Community Corporation and Farmland Management Fund Act (hereinafter referred to as the "Korea Rural Community Corporation");

2-2. A person who implements a comprehensive fishing village development project under the proviso of Article 9(1) of the Fishing Villages and Fishery Harbors Act;

3. A local public enterprise under the Local Public Enterprises Act (hereinafter referred to as "local public enterprise");

4. A rural village improvement association established under Article 13(1);

5. A corporation jointly funded and established by the head of a Si/Gun/Gu, the Korea Rural Community Corporation, a local public enterprise, or a rural village improvement association established under Article 13(1), in partnership with the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act, a housing construction business entity registered under Article 4 of the Housing Act, or other institutions or organizations prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries.

(2) Where the head of a Si/Gun/Gu directly implements an improvement project or designates a project implementer, he or she shall publicly notify matters requiring notification to owners of land, etc. within the improvement zone, as prescribed by Presidential Decree, in the public gazette of the relevant local government.

Article 12(Special exceptions to designation of project implementers) #

Where the Korea Rural Community Corporation or a local public enterprise is designated as a project implementer under Article 11, it shall be deemed a project entity under subparagraph 10 of Article 2 of the Housing Act and shall be deemed registered as a rental business operator under Article 5 of the Special Act on Private Rental Housing. <Amended on Aug. 28, 2015; Jan. 19, 2016>

Article 13(Establishment of rural village improvement associations and formation of steering committees) #

(1) A person who intends to implement an improvement project in an improvement zone may establish a rural village improvement association (hereinafter referred to as the "association") upon obtaining authorization from the competent the head of a Si/Gun/Gu. The same shall apply where he or she intends to change any authorized matter or dissolve the association.

(2) An association shall be a corporation and shall be established by registering matters prescribed by Presidential Decree at the location of its principal office within 30 days from the date on which authorization for its establishment is obtained under paragraph (1). In such cases, the association shall include the words "Village Improvement Project Association" in its name.

(3) To establish an association under paragraph (1), a steering committee for the establishment of the association shall be formed with the consent of at least 2/3 of the owners of land, etc., in the improvement zone, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries, and shall obtain approval from the head of a Si/Gun/Gu.

(4) The head of a Si/Gun/Gu may provide guidance and supervision for the sound operation of an association.

(5) The methods and procedures for the establishment of an association, qualification criteria for its members, its operation, and other necessary matters shall be prescribed by Presidential Decree.

Article 14(Methods of obtaining consent from owners of land, etc.) #

(1) Consent under Articles 13(3) and 16(2) shall be obtained by means of written consent, on which the owner of land, etc., affixes his or her fingerprint and signs in his or her own handwriting, accompanied by a copy of an identification card that can verify his or her identity, such as a resident registration card or a passport; provided, if the head of a Si/Gun/Gu recognizes that there are unavoidable reasons, such as where an owner of land, etc., stays overseas for a long period or is a corporation, it may be obtained by affixing a personal seal to the written consent and attaching the relevant certificate of personal seal impression, or by signing the written consent in his or her own handwriting and attaching a certificate of confirmation of personal signature under subparagraph 3 of Article 2 of the Act on Verification of Personal Signature. <Amended on Jun. 15, 2021>

(2) Matters necessary for the methods and procedures for calculating the number of owners of land, etc., who have given consent under Article 13(3) and Article 16(2) shall be prescribed by Presidential Decree.

Article 15(Entry onto another person's land, etc.) #

(1) If a project implementer intends to conduct surveys or measurements for the implementation of an improvement project, he or she may enter land owned or occupied by another person or may temporarily use such land as a materials storage site, temporary passage, or temporary road, and, where particularly necessary, may alter or remove trees, soil, stones, or other obstacles. In such cases, the owner or person in possession of the land shall not interfere with or refuse such entry without good cause.

(2) If a project implementer intends to enter land of another person under paragraph (1), he or she shall notify the owner or person in possession of such land in advance; and where he or she intends to temporarily use the land or alter or remove trees, soil, stones, or other obstacles, he or she shall obtain consent from the owner or person in possession of the land; provided, where consent cannot be obtained due to the absence or unknown address of the owner or person in possession of the land, an administrative agency acting as a project implementer shall notify the head of the competent Si/Gun/Gu of such fact, and a project implementer that is not an administrative agency shall obtain permission from the head of the competent Si/Gun/Gu in advance.

(3) A project implementer shall not, without the consent of the owner or person in possession of the relevant land, enter residential land or land enclosed by a fence owned by another person before sunrise or after sunset.

(4) Any person who intends to enter land of another person under paragraph (1) shall carry identification verifying his or her authority and present it to the owner or person in possession of such land, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries.

(5) The Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to compensation for losses incurred under paragraph (1).

Article 16(Preparation of implementation plans) #

(1) If a project implementer intends to implement an improvement project, he or she shall prepare an implementation plan for the improvement project (hereinafter referred to as the "implementation plan") along with the following documents and drawings:

1. The name, purpose, location, and area of the improvement project;

2. The method and period of implementation of the improvement project;

3. The name and address of the project implementer and the name of the representative;

4. A planned floor plan and rough design documents;

5. An improvement project plan;

6. Matters concerning landscapes, traditional villages, agricultural and fishing village improvement, etc.;

7. Matters concerning sale and lease (limited to cases where sale and lease are required);

8. A list of land, real rights, or other rights to be expropriated or used (limited to cases where necessary);

9. A land replotting plan (limited to cases where land replotting is required);

10. A funding plan (including an annual fund injection plan and a financing plan);

11. Other matters necessary for the implementation of the improvement project as prescribed by Presidential Decree.

(2) A project implementer shall obtain consent from at least 2/3 of the owners of land, etc., and a majority of the number of tenant households, respectively, in the relevant improvement zone as of the date of public notice under Article 6(4) regarding the implementation plan; provided, where there are reasons prescribed by Presidential Decree, such as where the number of tenant households is not more than 1/2 of the number of owners of land, etc., the procedure for obtaining consent from tenants may be waived.

(3) A project implementer other than the head of a Si/Gun/Gu shall obtain approval from the head of a Si/Gun/Gu for the implementation plan accompanied by the written consent obtained under paragraph (2). In such cases, the head of a Si/Gun/Gu shall verify the cadastral map of the improvement zone through administrative data matching under Article 38 of the Electronic Government Act.

(4) If the head of a Si/Gun/Gu directly establishes or approves an implementation plan, he or she shall publicly notify it as prescribed by Presidential Decree and notify the heads of relevant administrative agencies of the contents of the implementation plan and copies of relevant documents. In such cases, the contents of the implementation plan and copies of relevant documents shall be made available for public inspection for at least 14 days.

(5) Paragraphs (1) through (4) shall also apply where he or she intends to change an implementation plan; provided, this shall not apply to changes to minor matters prescribed by Presidential Decree.

Article 17(Deemed authorization, permission, etc. under other statutes) #

(1) If a project implementer obtains approval of an implementation plan under Article 16 (in cases where the head of a Si/Gun/Gu directly implements an improvement project, where the implementation plan is prepared), with respect to authorization, permission, approval, reporting, registration, consultation, consent, examination, or revocation, etc. under any of the following subparagraphs (hereinafter referred to as "authorization, permission, etc."), any matter on which the head of a Si/Gun/Gu has consulted in advance with the heads of the relevant administrative agencies having jurisdiction over such authorization, permission, etc. shall be deemed to have obtained or completed such authorization, permission, etc.; and where approval or public notice of an implementation plan is made under Article 16(4), any public notice, announcement, etc. of authorization, permission, etc. under the relevant statutes specified in the following subparagraphs shall be deemed to have been made: <Amended on Jan. 14, 2014; Jun. 3, 2014; Jan. 19, 2016; Dec. 27, 2016; Jan. 17, 2017; Nov. 28, 2017; Feb. 11, 2020; Mar. 31, 2020; Jul. 20, 2021; Nov. 30, 2021; Dec. 27, 2022; Jul. 25, 2023>

1. Deliberation by the deliberative committee on construction technology under Article 5 of the Construction Technology Promotion Act;

2. Building permission under Article 11 of the Building Act, a building report under Article 14 of that Act, or building permission for a temporary building or a report on construction thereof under Article 20 of that Act, and building consultation under Article 29 of that Act;

3. Permission for the extraction of construction aggregate under Article 22 of the Aggregate Extraction Act;

4. Permission for use or profit-making under Article 20 of the Public Property and Commodity Management Act;

5. Permission to use under Article 30 of the State Property Act;

6. Permission for development activities under Article 56 of the National Land Planning and Utilization Act, designation of an implementer of an urban/Gun planning facility project under Article 86 of that Act, and authorization of an implementation plan under Article 88 of that Act;

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

8. Permission for or consultation on conversion of farmland under Article 34 of the Farmland Act, and reporting of farmland conversion under Article 35 of that Act;

9. Permission for or reporting on installation of emission facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, and Article 8 of the Noise and Vibration Control Act;

10. Permission for road works by a person other than a road management authority under Article 36 of the Road Act; permission for road occupancy under Article 61 of that Act; and consultation with or approval of the road management authority under Article 107 of that Act;

11. Formulation and modification of an urban development project plan under Article 4 of the Urban Development Act; hearing of opinions from residents, etc. under Article 7 of that Act; designation of a project implementer under Article 11 of that Act; and authorization of an implementation plan under Article 17 of that Act;

12. Revocation of designation of erosion control areas under Article 20 of the Erosion Control Work Act;

13. Permission for or reporting on conversion of mountainous districts under Articles 14 and 15 of the Mountainous Districts Management Act; and permission for or reporting on temporary use of mountainous districts under Article 15-2 of that Act;

14. Permission for or reporting on tree cutting, etc. under Article 36(1) and (5) of the Creation and Management of Forest Resources Act; and permission for acts within forest protection zones under Article 9(2)1 of the Forest Protection Act; provided, seed forests and experimental forests under the Creation and Management of Forest Resources Act and forest genetic resource protection zones under the Forest Protection Act shall be excluded;

15. Consent to building permission under Article 6 of the Installation and Management of Firefighting Systems, and permission to build a factory, etc. under Article 6(1) of the Act on the Safety Control of Hazardous Substances (limited to those related to factory buildings or ancillary facilities thereof);

16. Permission for implementation of small river projects under Article 10 of the Small River Maintenance Act; and permission for occupancy, etc. of small river under Article 14 of that Act;

17. Authorization of general water supply business under Article 17 of the Water Supply and Waterworks Installation Act; and authorization of installation of exclusive water supply systems or exclusive industrial waterworks under Article 52 or 54 of that Act;

18. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;

19. Permission for relocation of graves under Article 27 of the Act on Funeral Services;

20. Authorization of or reporting on construction plans for private-use electrical installations under Article 8 of the Electrical Safety Management Act;

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

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

23. Permission for alteration of the form and quality of land, etc. under Article 21-2 of the Grassland Act; and permission for conversion of grassland under Article 23 of that Act;

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

25. Approval of or reporting on installation of waste treatment facilities under Article 29 of the Waste Management Act;

26. Permission for implementation of public sewerage works under Article 16 of the Sewerage Act; and reporting of installation of private sewage treatment facilities under Article 34(2) of that Act;

27. Permission for river works and authorization of implementation plans for river works under Article 30 of the River Act; permission for river occupancy under Article 33 of that Act; and permission for use of river water under Article 50 of that Act.

(2) If there are matters corresponding to the authorization, permission, etc. deemed to be granted under each subparagraph of paragraph (1) when the head of a Si/Gun/Gu intends to approve or prepare an implementation plan, he or she shall have a prior consultation with the heads of the relevant administrative agencies. <Amended on Jul. 25, 2023>

(3) Notwithstanding paragraph (2), where the head of a Si/Gun/Gu recognizes an urgent need to implement an improvement project due to natural disasters or other unavoidable reasons, he or she may approve the implementation plan before completing consultations with the heads of the relevant administrative agencies; provided, the authorization, permission, etc. under paragraph (1) shall not be deemed obtained until such consultations are completed. <Amended on Jul. 25, 2023>

(4) If authorization, permission, etc. under other statutes are deemed obtained for an improvement project under paragraph (1), license taxes, fees, occupation fees, and usage fees (excluding usage fees following permission for use of State property), etc., imposed as consideration for the relevant authorization, permission, etc. under the relevant statutes or ordinances of a Si/Do, may be reduced or exempted. <Amended on Jul. 25, 2023>

(3) Except as provided in paragraphs (1) and (4), Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards, effects, etc. of deemed authorization or permission. <Added on Jul. 25, 2023>

Article 18(Special cases concerning approval of implementation plans) #

(1) A project implementer may apply for approval of an implementation plan by preparing an implementation plan that includes matters concerning a maintenance-and-preservation-type development project among improvement projects; in such cases, the head of a Si/Gun/Gu may approve the implementation plan in accordance with standards prescribed by Presidential Decree even where rural housing to be retained or remodeled does not conform to the following building-related standards under the Housing Act and the Building Act: <Amended on Jan. 19, 2016>

1. The scope of a housing complex under subparagraph 12 of Article 2 of the Housing Act;

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

3. The relationship between a site and a road under Article 44 of the Building Act;

4. The designation of building lines under Article 46 of the Building Act.

(2) If a project implementer intends to prepare an implementation plan under paragraph (1), he or she shall obtain consent from the owners of rural housing to be retained or remodeled.

(3) Matters necessary for the method, etc. of obtaining consent from owners of rural housing under paragraph (2) shall be prescribed by Presidential Decree.

Article 19(Installation of temporary housing facilities) #

(1) A project implementer shall take measures equivalent to temporary housing for the owners or tenants of houses to be demolished due to the implementation of an improvement project, such as providing them with temporary residence in rental housing or other facilities located within or outside the relevant improvement zone, or arranging for home loans. In such cases, if necessary for such temporary housing, the project implementer may temporarily use facilities or land owned by the State, a local government, other public organizations, or individuals.

(2) When the State or a local government receives an application from a project implementer for the use of buildings or land necessary for the temporary housing facilities under paragraph (1), it shall not refuse such application unless there are grounds prescribed by Presidential Decree; provided, the usage fees or loan fees therefor may be exempted. <Amended on Feb. 11, 2020>

(3) When a project implementer completes the construction of an improvement project, he or she shall demolish the temporary housing facilities and restore the buildings or land to their original state within 30 days from the date of completion.

Article 20(Compensation for loss) #

(1) If any person suffers losses due to the temporary use of facilities or land of public entities or private persons under Article 19, the project implementer shall compensate for such losses and, in doing so, shall consult with the person who has suffered such losses. <Amended on Feb. 11, 2020>

(2) If consultation on compensation for losses under paragraph (1) fails or cannot be conducted, the project implementer or the person who has suffered such losses may file an application for adjudication with the competent Land Tribunal established under Article 49 of the Act on Acquisition of and Compensation for Land for Public Works Projects.

(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 compensation for loss.

Article 21(Expropriation or use of land) #

If necessary to implement an improvement project in an improvement zone, a project implementer may expropriate or use land, objects, and rights under Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects.

Article 22(Application mutatis mutandis of the Act on Acquisition of and Compensation for Land for Public Works Projects) #

(1) Except as otherwise provided in this Act, the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the expropriation or use of ownership of land or buildings and other rights for implementing an improvement project within an improvement zone.

(2) If there is a public notice of an implementation plan under Article 16(4), project approval and public notice thereof under Article 20(1) and Article 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall be deemed to have been granted and made.

(3) Notwithstanding Articles 23 and 28(1) of the Act on Act on Acquisition of and Compensation for Land for Public Works Projects, an application for adjudication on expropriation or use under paragraph (1) shall be filed within the project implementation period determined at the time of authorization of project implementation.

(4) Notwithstanding Article 42 of the Act on Acquisition of and Compensation for Land for Public Works Projects, where compensation in kind is made with land or buildings, such compensation in kind may be made after completion authorization under Article 32.

Article 23(Special cases concerning application of the Housing Act) #

When a building permit is obtained or real estate registration (limited to registration of ownership preservation or transfer) is made in connection with an improvement project, the provisions regarding the purchase of national housing bonds under Article 68 of the Housing Act shall not apply.

Article 24(Application mutatis mutandis of the Urban Development Act to land replotting plans) #

`Articles 28 through 32, 32-2, 32-3, 33 through 36, 36-2, and 37 through 49 of the Urban Development Act shall apply mutatis mutandis to land replotting related to improvement projects. In such cases, "at the time of land replotting disposition" in Article 41(2) of the Urban Development Act shall be deemed "at the time of authorization of the implementation plan."

Article 25(Termination of contracts such as superficies) #

(1) Where the purpose of establishing a superficies, right of lease on a deposit basis, or leasehold cannot be achieved due to the implementation of an improvement project, the holder of such right may terminate the contract.

(2) A person entitled to terminate a contract under paragraph (1) may exercise against the project implementer his or her right to claim the return of a lease deposit, security deposit, or any other monetary claim under the contract.

(3) Where a project implementer pays such money following the exercise of the right to claim return under paragraph (2), he or she may seek reimbursement from the relevant owner of land, etc.

(4) Where the reimbursement under paragraph (3) is not made, the project implementer may seize the site or building to be vested in the relevant owner of land, etc. In such cases, the seized right shall have the same effect as a mortgage.

(5) Where approval of a management and disposition plan is obtained under Article 28, Articles 280, 281, and 312(2) of the Civil Act, Article 4(1) of the Housing Lease Protection Act, and Article 9(1) of the Commercial Building Lease Protection Act shall not apply to the contract period of a superficies, right of lease on a deposit basis, or lease contract.

Article 26(Disposition of rural housing where owners are difficult to identify) #

(1) If it is significantly difficult to verify the location of an owner of a building or land as of the date of public notice under Article 11(2) during the implementation of an improvement project, the project implementer may implement the improvement project after placing a public notice at least twice in 2 or more daily newspapers distributed nationwide and depositing an amount corresponding to the appraised value of the building or land with a court after at least 30 days have elapsed from the date of such public notice. <Amended on Feb. 11, 2020>

(2) Land or buildings under the joint ownership of all members of an association as of the date of authorization for the establishment of the association during the implementation of an improvement project by the association shall be deemed land or buildings owned by the association. <Amended on Feb. 11, 2020>

(3) Matters concerning the disposition of land or buildings deemed to be owned by an association under paragraph (2) shall be specified in the management and disposition plan under Article 28.

(4) The appraised value of land or buildings under paragraph (1) shall be calculated by arithmetically averaging the amounts appraised by 2 or more appraisal corporations, etc. under Article 2 of the Act on Appraisal and Certified Appraisers. <Amended on Jan. 19, 2016; Apr. 7, 2020>

Article 27(Sale of rural housing) #

(1) A project implementer may replot, sell, or lease land, rural housing, or other facilities following the implementation of an improvement project.

(2) Matters necessary for determining supply prices and the methods and procedures for supplying land, rural housing, or other facilities shall be prescribed by Presidential Decree.

Article 28(Application mutatis mutandis of management and disposition plans) #

Where an association implements an improvement project, it shall establish a management and disposition plan, and Articles 24, 72 through 74, 76 through 82, and 86 through 91 of the Act on the Improvement of Urban Areas and Residential Environments shall apply mutatis mutandis to matters necessary therefor. In such cases, "the date on which public notice of authorization for a project implementation plan is given" in Article 72(1)1 of the Act on the Improvement of Urban Areas and Residential Environments shall be deemed "the date on which public notice of authorization for an implementation plan is given." <Amended on Feb. 8, 2017>

Article 29(Use of sites) #

A person who has been supplied with a building site (excluding the State and local governments; hereinafter the same shall apply) shall construct rural housing or other facilities under the implementation plan.

Article 30(Restrictions on resale of sites) #

(1) A person who has been supplied with a building site may not resell (including change of name, sale, or any other acts involving a change in rights, but excluding inheritance; hereinafter the same shall apply) the building site until he or she completes the registration of transfer of ownership after constructing rural housing or other facilities according to the purpose for which the building site was supplied; provided, this shall not apply to cases prescribed by Presidential Decree, such as circumstances involving the livelihood of the person supplied with the building site. <Amended on Feb. 11, 2020>

(2) Where a building site is resold in violation of paragraph (1), the relevant juristic act shall be null and void, and the project implementer may repurchase the building site upon paying the sum of the value at the time of the supply of the building site and the average interest rate for 1-year maturity fixed deposits of banks under the Banking Act.

Article 31(Demolition of buildings) #

(1) A project implementer shall demolish existing buildings after obtaining authorization for a management and disposition plan under Article 28.

(2) Notwithstanding paragraph (1), a project implementer may demolish an existing building upon obtaining the consent of the owner of the relevant building and permission from the head of a Si/Gun/Gu in any of the following cases; provided, such demolition of the building shall not affect the rights and obligations of the person as an owner of land, etc.:

1. Where there is a risk of safety accidents, such as collapse of existing buildings, under relevant statutes or regulations including the Framework Act on the Management of Disasters and Safety, the Housing Act, and the Building Act;

2. Where rural housing under subparagraph 6d of Article 2 are concentrated.

(3) Where a project implementer demolishes an existing building under paragraph (1), the head of a Si/Gun/Gu may restrict the demolition of the building during any of the following periods: <Amended on Feb. 14, 2023>

1. Before sunrise and after sunset;

2. When the Administrator of the Korea Meteorological Administration issues a special report under Article 13-2 of the Weather Act because a serious disaster is expected to occur in the relevant area due to heavy rain, heavy snow, storm surges, tsunamis, typhoons, strong winds, high waves, cold waves, etc.;

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

4. Other periods recognized by the head of a Si/Gun/Gu as being equivalent to those under subparagraphs 1 through 3.

Article 32(Completion authorization of improvement projects) #

(1) When a project implementer other than the head of a Si/Gun/Gu completes construction of an improvement project, he or she shall obtain completion authorization from the head of a Si/Gun/Gu in accordance with the methods and procedures prescribed by Presidential Decree.

(2) Upon receipt of an application for completion authorization under paragraph (1), the head of a Si/Gun/Gu shall, without delay, conduct a completion inspection. In such cases, where necessary for efficient completion inspection, he or she may request relevant administrative agencies, specialized institutions, or organizations to conduct such inspection.

(3) Where a project implementer obtains completion authorization under paragraph (1), he or she shall be deemed to have undergone inspection, authorization, reporting, confirmation, etc. concerning completion of the relevant project under authorization, permission, etc. prescribed in Article 17. In such cases, the head of a Si/Gun/Gu shall consult in advance with the heads of the relevant administrative agencies.

(4) Where the head of a Si/Gun/Gu recognizes that an improvement project has been completed in accordance with the approved implementation plan according to the results of the completion inspection under paragraph (2), he or she shall grant completion authorization and publicly notify the completion of construction in the public gazette of the relevant local government.

(5) Where construction of an improvement project directly implemented by the head of a Si/Gun/Gu is completed, he or she shall publicly notify the completion of such construction in the public gazette of the relevant local government.

(6) Even before granting completion authorization under paragraph (1), where completed buildings meet standards prescribed by Presidential Decree, such as where there is no impediment to their use, the head of a Si/Gun/Gu may permit a prospective occupant to use such completed buildings.

(7) Matters necessary for the procedures and methods for public notice of completion of construction under paragraphs (4) and (5), and other necessary matters, shall be prescribed by Presidential Decree.

Article 33(Installation of fundamental infrastructure) #

(1) A project implementer shall install fundamental infrastructure in an improvement zone in consultation with the head of the competent local government.

(2) A person whose land or building has been expropriated for the installation of fundamental infrastructure under paragraph (1) may preferentially request to purchase any land or building located in the relevant improvement zone that is subject to sale. In such cases, where the relevant land or building is owned by the State or a local government, it may be sold by private contract notwithstanding Article 9 of the State Property Act or Article 10 of the Public Property and Commodity Management Act concerning the comprehensive plan for State property or the management plan for public property, and notwithstanding Article 43 of the State Property Act or Article 29 of the Public Property and Commodity Management Act concerning the method of contract.

(3) If necessary for the installation of access roads to an improvement zone at the time of designation of the improvement zone under Article 6, a Mayor/Do Governor may designate the improvement zone to include the access road area and adjacent areas thereto. <Amended on Feb. 11, 2020>

(4) Matters necessary for the method of determining the sale price, payment period, and payment method for the sale under paragraph (2) shall be prescribed by Presidential Decree.

Article 34(Vesting of fundamental infrastructure and land) #

(1) If a project implementer other than a partnership installs new fundamental infrastructure or fundamental infrastructure replacing existing fundamental infrastructure through the implementation of a redevelopment project, the existing fundamental infrastructure shall vest in the project implementer free of charge, and the newly installed fundamental infrastructure shall vest in the State or a local government that will manage such facilities free of charge, notwithstanding the provisions of the State Property Act or the Public Property and Utensils Management Act.

(2) Fundamental infrastructure newly installed by an association through the implementation of a improvement project shall vest in the State or a local government that will manage such facilities free of charge, and fundamental infrastructure owned by the State or a local government whose use is abolished due to the implementation of a improvement project shall be transferred to the project implementer free of charge within the limit of the costs incurred in installing the new fundamental infrastructure.

(3) The head of a Si/Gun/Gu shall hear the opinion of the relevant management authority in advance where they intend to implement an improvement project that includes matters concerning the vesting and transfer of fundamental infrastructure under paragraphs (1) and (2) or intend to approve the implementation thereof. The same shall also apply where they intend to change any approved matters.

(4) A project implementer shall notify the management authority of the types and details of the fundamental infrastructure to be vested in the management authority and the property to be vested in or transferred to the project implementer under paragraphs (1) and (2) before the completion of the improvement project; such fundamental infrastructure shall be deemed to have been vested in the State or a local government, and vested in or transferred to the project implementer at the time the completion authorization of the improvement project is granted and the notification of such completion authorization is made to the management authority.

(5) In the registration of fundamental infrastructure under paragraph (4), the approval for the implementation plan and the certificate of completion authorization (referring to the public notice of the implementation plan under Article 16(4) and the public notice of the completion of construction under Article 32(5) where the head of a Si/Gun/Gu directly implements the improvement project) shall substitute for documents certifying the cause of registration under the Registration of Real Estate Act. <Amended on Feb. 11, 2020>

Article 35(Installation of arterial facilities) #

(1) Electricity, telecommunications, gas, and district heating facilities shall be installed at the expense of those who supply electricity, telecommunications, gas, and heating to the relevant area; provided, if underground installation of arterial electricity facilities is requested by a project implementer, etc., the cost shall be borne by the supplier of electricity and the person requesting the underground installation at a ratio of 50/100 each.

(2) The timing to install each facility under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.

Article 36(Disposal of State property or public property) #

(1) Where an implementation plan directly prepared or to be approved under Article 16 includes matters concerning the disposal of State property or public property, the head of a Si/Gun/Gu shall have a prior consultation with the competent management authority. In such cases, among properties whose management authority is unclear, the Minister of Land, Infrastructure and Transport shall be deemed the management authority for roads, ditches, etc.; the Minister of Climate, Energy and Environment for rivers; and the Minister of Finance and Economy for other properties. <Amended on Dec. 31, 2020; Oct. 1, 2025>

(2) A management authority requested to consult under paragraph (1) shall submit its opinion within 20 days from the date of such request.

(3) State property or public property within an improvement zone shall not be sold or transferred for purposes other than improvement projects.

(4) Notwithstanding the comprehensive plan for State property or the management plan for public property under Article 9 of the State Property Act or Article 10 of the Public Property and Item Management Act, and the methods of contract under Article 43 of the State Property Act and Article 29 of the Public Property and Item Management Act, State property or public property within an improvement zone may be sold or leased to a project implementer, person in possession, or user by negotiated contract in preference to others.

(5) State property or public property that may be sold or leased in preference to others under paragraph (4) shall be deemed to have its former use abolished as of the date the implementation plan is publically notified under Article 16(4), notwithstanding the provisions of the State Property Act, the Public Property and Commodity Management Act, and other relevant statutes governing the management and disposal of State or public land.

(6) The appraisal of State or public land preferentially sold for the purpose of an improvement project under paragraph (4) shall be conducted based on the date the implementation plan is publicly notified under Article 16(4), and in the case of a comprehensive redevelopment project, the selling price shall be 80/100 of such appraised value; provided, State or public land for which a sale contract is not entered into within 3 years from the date the implementation plan is publicly notified under Article 16(4) shall be governed by the State Property Act or the Public Property and Commodity Management Act.

Article 37(Gratuitous transfer of State or public land) #

(1) Land owned by the State or a local government within an improvement zone shall be deemed to have its former use abolished as of the date the implementation plan is publicly notified under Article 16(4).

(2) Notwithstanding the provisions of the State Property Act, the Public Property and Commodity Management Act, and other relevant statutes governing the management and disposal of State or public land, the State or a local government may gratuitously transfer State property or public property whose use has been abolished under paragraph (1) to the relevant project implementer, as prescribed by Presidential Decree.

(3) Land owned by the State or a local government within an improvement zone shall not be transferred or sold for purposes other than an improvement project from the date the designation of the improvement zone is publicly notified under Article 6(4).

(4) Revenue derived from the use of, profit from, or disposal of land gratuitously transferred under paragraph (2) shall not be used for purposes other than an improvement project.

(5) The head of a Si/Gun/Gu shall consult with the State or the local government that owns or manages the State or public land subject to gratuitous transfer under paragraphs (1) and (2).

Article 38(Establishment and operation of rural housing environment support center) #

(1) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may establish and operate a Rural Housing Environment Support Center to support duties necessary for improvement projects.

(2) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may entrust the establishment and operation of the Rural Housing Environment Support Center under paragraph (1) to a person prescribed by Presidential Decree.

(3) The Rural Housing Environment Support Center may perform duties prescribed by Presidential Decree to improve the rural housing environment.

(4) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may provide support for expenses necessary for the establishment and operation of the Rural Housing Environment Support Center under paragraph (1).

Article 39(Subsidies and loans) #

(1) The State and local governments may subsidize or provide loans for all or part of the following costs:

1. Costs for installation and improvement of fundamental infrastructure and compensation expenses;

2. Costs necessary for improvement projects;

3. Other expenses prescribed by Presidential Decree.

(2) Matters necessary for the methods, procedures, etc., for providing subsidies and loans under paragraph (1) shall be prescribed by Presidential Decree.

Article 40(Reduction or exemption of taxes and charges) #

(1) If necessary to facilitate the smooth implementation of improvement projects, the State and local governments may reduce or exempt taxes such as corporate tax, income tax, acquisition tax, registration and license tax, and property tax imposed on project implementers, as prescribed by the Act on Restriction on Special Cases concerning Taxation and the Act on Restriction on Special Cases concerning Local Taxation.

(2) Where necessary to facilitate the smooth implementation of improvement projects, the State and local governments may reduce, exempt, or not impose on project implementers development charges, farmland preservation charges, substitute grassland creation costs, substitute forest resource creation costs, traffic inducement charges, ecosystem conservation cooperation charges, public water occupancy or use fees, environmental improvement charges, infrastructure installation costs, and metropolitan transportation facility charges, as prescribed by the Restitution of Development Gains Act, the Farmland Act, the Grassland Act, the Mountainous Districts Management Act, the Urban Traffic Improvement Promotion Act, the Natural Environment Conservation Act, the Public Waters Management and Reclamation Act, the Environmental Improvement Cost Liability Act, the National Land Planning and Utilization Act, and the Special Act on the Management of Intercity Transport in Metropolitan Areas.

Article 41(Reports and inspections) #

(1) Where deemed necessary for improvement projects, the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or the head of a local government may require a project implementer to submit necessary reports or order the submission of materials, and may have public officials under his or her jurisdiction enter the office, place of business, or other necessary places of the project implementer to inspect business affairs and accounting related to improvement projects or to question relevant persons.

(2) In conducting an inspection under paragraph (1), the inspection plan, including the date and time, purpose, and details of the inspection, shall be notified to the relevant project implementer at least 7 days prior to the inspection; provided, this shall not apply in urgent cases or where prior notice of the inspection plan is deemed likely to defeat the purpose of the inspection, such as destruction of evidence.

Article 42(Evaluation of performance of improvement projects) #

(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall evaluate project performance by improvement zone, as prescribed by Presidential Decree, in order to improve rural housing environments.

(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may provide different administrative and financial support for each improvement zone based on the results of the evaluation under paragraph (1).

Article 43(Delegation and entrustment of authority) #

(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may delegate part of his or her authority under this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

(2) The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust part of his or her authority under this Act to the Korea Rural Community Corporation, as prescribed by Presidential Decree.

Article 44(Penalty provisions) #

(1) A person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won:

1. A person who forges a written consent of an owner of land, etc. under Article 14(1);

2. A person who uses subsidies or loans provided under Article 39 for purposes other than an improvement project.

(2) Any of the following persons shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won: <Amended on Feb. 8, 2017>

1. A person who implements an improvement project without being designated as a project implementer under Article 11;

2. A person who implements an improvement project without obtaining approval of the implementation plan under Article 16(3);

3. A person who obtains approval of the implementation plan under Article 16(3) by improper means;

4. A person who relocates under Article 86 of the Act on the Improvement of Urban Areas and Residential Environments without obtaining authorization of a management and disposition plan under Article 74 of that Act as applied mutatis mutandis under Article 28.

(3) Any person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won:

1. A person who conducts an act without obtaining permission or modified permission in violation of Article 10(1), or who conducts an act by obtaining permission or modified permission by fraud or other improper means;

2. A person who resells a building site in violation of Article 30;

3. A person who uses a building, etc. without obtaining completion authorization under Article 32(1), and a person who uses a building without obtaining permission for use from the head of a Si/Gun/Gu under paragraph (6) of that Article.

Article 45(Joint penalty provisions) #

Where a representative of a corporation, or an agent, employee, or other servant of a corporation or an individual commits a violation under Article 44 in connection with the business of the corporation or individual, not only shall such offender be punished, but the corporation or individual shall also be subject to a fine prescribed in the relevant Article; provided, this shall not apply where the corporation or individual has not neglected to exercise due care and supervision with respect to the relevant business to prevent such violation.

Article 46(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won:

1. A person who obstructs or refuses an act under Article 15(1);

2. A person who performs an act under Article 15(1) without obtaining permission under paragraph (2) of that Article;

3. A person who fails to submit a report or data under Article 41(1), or who submits a false report or data;

4. A person who refuses, obstructs, or evades an inspection under Article 41(1).

(2) An administrative fine not exceeding 5 million won shall be imposed on a person who is negligent in giving notice under Article 78(5) or 86(1) of the Act on the Improvement of Urban Areas and Residential Environments, which is applied mutatis mutandis under Article 28. <Amended on Feb. 8, 2017>

(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the head of a local government, as prescribed by Presidential Decree.