Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Special Act on the Improvement of the Residential Environment and Promotion of Remodeling of Agricultural and Fishing Villages and matters necessary for the enforcement thereof.
Article 2(Community facilities) #
"Facilities prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Special Act on the Improvement of the Residential Environment and Promotion of Remodeling of Agricultural and Fishing Villages (hereinafter referred to as "the Act") means village collective sales facilities, agricultural machinery storage facilities, senior centers, day care centers, children's playgrounds, community exercise facilities, and other facilities for similar purposes, which are jointly used by residents of an improvement zone and prescribed by ordinance of a Si, Gun, or autonomous Gu of a Metropolitan City (hereinafter referred to as "Si/Gun/Gu").
Article 3(Formulation of comprehensive plan for agricultural and fishing village improvement) #
(1) "Matters prescribed by Presidential Decree" in Article 5(1)4 of the Act means the following:
1. Objectives of improvement projects;
2. Basic directions for improvement projects by sector, including dilapidated and substandard rural housing, fundamental infrastructure, community facilities, and communal rural housing;
3. Matters concerning agricultural and fishing village landscapes and environmental conservation;
4. Matters concerning the financing necessary for implementation of improvement projects.
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may conduct surveys on the technical and economic feasibility of improvement projects in order to formulate a comprehensive plan for agricultural and fishing village improvement under Article 5(1) of the Act.
Article 4(Minor changes to improvement plans) #
"Cases where minor matters prescribed by Presidential Decree are to be changed" in the latter part of Article 6(1) of the Act means any of the following cases:
1. Change in the name of an improvement project;
2. An increase or decrease of less than 10/100 of the area of an improvement zone;
3. An increase or decrease of less than 10/100 of the estimated project cost; provided, any amount of change due to price fluctuations shall be excluded from the calculation of such increase or decrease;
4. Change in the estimated project cost due to price fluctuations;
5. An increase or decrease of less than 10/100 of the area (in the case of a building, referring to the total floor area; hereinafter the same shall apply) of fundamental infrastructure, community facilities, or communal rural housing;
6. Changes reflecting the enactment, amendment, or repeal of other statutes;
7. Changes reflecting modifications to an urban or Gun master plan or an urban or Gun management plan under subparagraphs 3 and 4 of Article 2 of the National Land Planning and Utilization Act;
8. Correction of matters caused by simple errors, omissions, etc.
Article 5(Contents of improvement plans and procedures for designation of improvement zones) #
(1) The head of a Si/Gun/Gu may conduct surveys on the technical and economic feasibility of an improvement project in order to formulate an improvement plan under Article 6(1) of the Act.
(2) "Matters prescribed by Presidential Decree" in Article 6(2)14 of the Act means the following: <Amended on May 7, 2024>
1. A national heritage conservation plan;
2. A plan for improvement and renovation of dilapidated and substandard rural housing;
3. A plan for installation of electricity, telecommunications, gas, and district heating facilities under Article 35(1) of the Act;
4. Housing measures for tenants;
5. Estimated project cost;
6. Other matters deemed necessary by 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") for the implementation of improvement projects.
(3) If a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") intends to designate or change the designation of an improvement zone under the main clause of Article 6(3) of the Act, such person shall consult with the heads of relevant central administrative agencies before undergoing deliberation by the City/Do Urban Planning Committee under Article 113(1) of the National Land Planning and Utilization Act. In such cases, the head of a relevant central administrative agency who is requested to consult shall present an opinion within 30 days from the date of receipt of such request, unless there are extraordinary circumstances.
Article 6(Qualifications of master planners) #
(1) The head of a Si/Gun/Gu may appoint, as a master planner for the formulation of an improvement plan (hereinafter referred to as the "master planner") under Article 7(1) of the Act, any person falling under any of the following subparagraphs: <Amended on Aug. 16, 2017>
1. A person serving as an assistant professor or higher in a department related to rural area development or housing architecture at a school under Article 2 of the Higher Education Act;
2. A person engaged in the field of rural area development or housing architecture who falls under any of the following items:
a. A person holding a doctoral degree in rural area development or housing architecture, with at least 3 years of research or practical experience after obtaining such degree;
b. A certified architect under the Certified Architects Act;
c. A professional engineer under the National Technical Qualifications Act in fields related to rural area development or housing architecture, who is prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries;
d. A person who has graduated from a department related to rural area development or housing architecture at a school under Article 2 of the Higher Education Act, or who has an equivalent level of education under relevant statutes or regulations, and who has at least 7 years of practical experience in the relevant field.
(2) The scope of duties of the master planner shall be as follows:
1. Overall management of the process of formulating improvement plans;
2. Review and coordination of key contents of improvement plans;
3. Collection of data necessary for formulating improvement plans;
4. Gathering of residents' opinions;
5. Review and presentation of opinions on other matters instructed by the head of a Si/Gun/Gu in relation to the formulation of improvement plans.
(3) Where necessary for the performance of duties, the master planner may request relevant public officials or experts in related fields to submit relevant materials or opinions.
(4) The term of office of the master planner shall continue until the designation of an improvement zone is obtained under Article 6(4) of the Act; provided, the head of a Si/Gun/Gu may shorten such term where necessary.
Article 7(Restrictions on acts) #
(1) "Acts prescribed by Presidential Decree, such as construction of buildings, installation of structures, change in the form and quality of land, extraction of soil and stone, subdivision of land, and piling up of objects" in the former part of Article 10(1) of the Act means any of the following acts: <Amended on Jul. 2, 2019; Jan. 10, 2023>
1. Construction, major repair, or change of use of a building under Article 2(1)2 of the Building Act, and construction of a temporary building under Article 20(1) of that Act;
2. Installation of artificially produced facilities; provided, this shall not apply where such facilities are simple structures prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries as being used for the production of agricultural, fishery, or forestry products;
3. Changing the shape of land or excavating land by means of cutting, filling, leveling, or paving (referring to the act of hardening and decorating a road by laying stones, sand, etc., on the surface and covering it with cement, asphalt, etc.); provided, this shall not apply where the purpose is cultivation;
4. The division of land;
5. Reclaiming public waters;
6. Extracting earth and stone, such as soil, sand, gravel, and rocks;
7. Stacking objects that are difficult to move for at least 1 month; provided, this shall not apply to stacking objects on a site that has been decided to remain as is without improvement;
8. Recreational fishing under subparagraph 17 of Article 2 of the Fisheries Act or aquaculture under subparagraph 1 of Article 2 of the Aquaculture Industry Development Act;
9. The planting and felling of bamboo and trees; provided, this shall not apply where ornamental bamboo or trees are temporarily planted in a place other than farmland.
(2) When the head of a Si/Gun/Gu intends to grant permission for any act prescribed in any of the subparagraphs of paragraph (1) under the former part of Article 10(1) of the Act, he or she shall hear the opinion of the project implementer if the project implementer has already been designated under Article 11(1) of the Act.
(3) "Acts prescribed by Presidential Decree" in Article 10(2)2 of the Act means the acts referred to in subparagraph 1 of Article 53, subparagraph 2d of that Article, subparagraph 3a of that Article, subparagraph 4a of that Article, or subparagraph 5a through d of that Article of the Enforcement Decree of the National Land Planning and Utilization Act.
Article 8(Public notice of project implementer) #
"Matters prescribed by Presidential Decree" in Article 11(2) of the Act means the following matters:
1. The name of the improvement project and the method of implementation;
2. The name, address, and name of the representative of the project implementer;
3. The location and area of the improvement zone;
4. The scheduled commencement date and the scheduled completion date of the improvement project.
Article 9(Method of establishment of rural village improvement association) #
(1) A person who intends to obtain authorization for the establishment, alteration, or dissolution of a rural village improvement association (hereinafter referred to as the "association") under Article 13(1) of the Act shall submit to the competent head of a Si/Gun/Gu an application for authorization prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries, along with the documents classified in accordance with the following subparagraphs:
1. For obtaining authorization for establishment:
a. Minutes of the inaugural general meeting;
b. A written consent to the election of the chairperson of the association;
c. The articles of incorporation of the association bearing the joint signatures of all members of the association (hereinafter referred to as "members");
d. A project implementation plan including the planned number of housing units to be constructed;
e. Written consents from at least 2/3 of the owners of land, etc.;
2. For obtaining authorization for modify terms of authorization: Documents providing the details of modification;
3. For obtaining authorization for dissolution: Written consents from at least 2/3 of the total number of cooperative members.
(2) "Matters prescribed by Presidential Decree" in the former part of Article 13(2) of the Act means the following matters:
1. Objectives;
2. The name of the association;
3. Location of the principal office;
4. The date of authorization for establishment;
5. Names and addresses of officers;
6. Where the authority of representation of officers is restricted, the details thereof.
(3) The promotion committee for the establishment of an association (hereinafter referred to as the "promotion committee") under Article 13(3) of the Act shall perform the following duties:
1. Preparation for filing an application for authorization for the establishment of the association;
2. Formulation of the operating rules of the promotion committee;
Article 10(Matters to be stated in articles of incorporation) #
(1) The articles of incorporation shall include the following matters:
1. The name and location of the association;
2. The objectives of the association;
3. The method and scheduled timing of implementation of the improvement project;
4. The method and procedures for amending the articles of incorporation;
5. Matters concerning the qualifications of members;
6. Matters concerning expulsion, withdrawal, replacement, and replenishment of members;
7. The number of officers, the methods for appointment, change, and removal of officers, and the scope of their duties (including rights and obligations);
8. Matters concerning the timing and procedures for members' contributions toward the costs of the improvement project, and the accounting of the association;
9. Matters concerning the procedures and timing for convening a general meeting, matters subject to resolution, methods of exercising voting rights, and requests by members for convening a general meeting;
10. Where a delegate assembly or a board of directors is established, matters concerning its composition, functions, and methods of exercising voting rights;
11. Important matters requiring unanimous consent of all members, and the methods and procedures for such consent;
12. Details of the use of association dues, disclosure of matters resolved at general meetings, and methods of notification to members;
13. Matters concerning the method of valuation of ownership or superficies of land or buildings;
14. Matters concerning replotting plans and the designation of land intended for replotting;
15. Matters concerning the management and disposal of land secured for recompense of development outlay or reserved land;
16. Matters concerning procedures and methods for liquidation upon completion of the improvement project;
17. Other matters necessary for the promotion and operation of the association's improvement project.
(2) If the association intends to amend its articles of incorporation, it shall convene a general meeting, obtain the consent of members in accordance with the following classifications, and obtain authorization from the head of a Si/Gun/Gu:
Article 11(Qualification standards and additional recruitment and replenishment of members) #
(1) Persons eligible to become members shall be the owners of land, etc. within an improvement zone.
(2) After an association has obtained authorization for establishment, it may not additionally recruit or replenish members.
(3) Notwithstanding paragraph (2), members may be additionally recruited or replenished in any of the following cases:
1. Where approval for additional recruitment of members is obtained from the head of a Si/Gun/Gu within the scope of the expected number of housing units to be constructed at the time of authorization for the establishment of the association under Article 13(1) of the Act, by the date of application for approval of an implementation plan under Article 16 of the Act;
2. Where replenishment is made to the extent of vacancies resulting from any of the following reasons:
a. Death of a member;
b. Where the number of members falls below the expected number of housing units to be constructed according to the improvement project promotion plan due to withdrawal, loss of qualification, or other reasons.
Article 12(Rights and obligations of members) #
(1) The rights and obligations of members shall be as follows:
1. Equal voting rights regardless of the area of land owned, the scale of buildings, or the area of land subject to a superficies; provided, a member who has acquired all ownership and superficies of land and buildings held by another member within the relevant improvement zone may succeed to the voting rights of the member who transferred such ownership and superficies, separately from his or her original voting right, as prescribed by the articles of incorporation;
2. Payment of expenses necessary for the operation of the association and the implementation of improvement projects as prescribed by the articles of incorporation;
3. Other rights and obligations prescribed by the articles of incorporation.
(2) In applying Article 12(1)1, for land or buildings under co-ownership, only one representative co-owner who has obtained the consent of other co-owners shall have a voting right; and for a sectional owner under subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings, each sectional owner shall have a voting right.
(3) Notwithstanding paragraph (2), a person who has acquired sectional ownership by subdividing a sectional ownership under subparagraph 1 of Article 2 of the Act on Ownership and Management of Condominium Buildings after the date of public notice of the designation of an improvement zone under Article 6(4) of the Act shall not have a voting right.
Article 13(Officers of association and their duties) #
(1) An association shall have the following officers:
1. One chairperson;
2. Directors;
3. Auditors.
(2) Officers of an association under paragraph (1) shall be members having voting rights under Article 12(1)1 (hereinafter referred to as "voting rights"), and shall be elected at a general meeting as prescribed by the articles of incorporation.
(3) The chairperson shall represent the association, supervise its business affairs, and serve as the chair of the general meeting, the delegate assembly, and the board of directors.
(4) Directors shall assist the chairperson as prescribed by the articles of incorporation and take charge of the business affairs of the association.
(5) An auditor shall audit matters concerning the business affairs, financial status, and accounting of the association.
(6) With respect to contracts or litigation between the association and the chairperson or a director for his or her own interest, the auditor shall represent the association.
(7) No officer of an association may concurrently serve as an officer or employee of another association engaged in a project with the same objectives.
Article 14(Matters subject to resolution by the general meeting) #
An association shall have a general meeting, and the following matters shall be subject to a resolution by the general meeting:
1. Modification of the articles of association;
2. Formulation and amendment of an implementation plan for an improvement project under Article 16(1) of the Act (hereinafter referred to as "implementation plan");
3. Borrowing of funds, and the methods, interest rates, and methods of repayment thereof;
4. Income and expenditure budget of the association;
5. Amount of contributions for the costs of an improvement project by members or the methods of collection thereof;
6. Preparation of a replotting plan;
7. Designation of land intended for replotting;
8. Methods of disposal of land secured for recompense of development outlay;
9. Election of officers of the association;
10. Matters concerning the merger of the association;
11. Matters concerning the dissolution of the association (excluding cases where the association is dissolved after completing the collection and payment of liquidation money under Article 46 of the Urban Development Act, which is applied mutatis mutandis under Article 24 of the Act);
12. Other matters prescribed by the articles of incorporation.
Article 15(Delegate assembly) #
(1) An association with at least 100 members having voting rights may establish a delegate assembly in order to have it exercise the authority of the general meeting on its behalf.
(2) The number of delegates in the delegate assembly shall be not less than 10/100 of the total number of members having voting rights, and delegates shall be elected from among members having voting rights as prescribed by the articles of incorporation.
(3) The delegate assembly may act on behalf of the general meeting regarding matters under subparagraphs 2 through 8 of Article 14 (in the case of subparagraph 6, limited to minor changes to a replotting plan as prescribed in the subparagraphs of Article 60(1) of the Enforcement Decree of the Urban Development Act, which is applied mutatis mutandis under Article 24 of the Act) and subparagraph 12 of that Article.
Article 16(Withdrawal of consent to establishment of association and implementation plans) #
(1) An owner of land, etc. may withdraw consent or express opposition to the establishment of an association under Article 13(3) of the Act or to an implementation plan under Article 16(2) of the Act, before applying for authorization for the establishment of the association or approval of the implementation plan.
(2) Notwithstanding paragraph (1), consent to the establishment of an association may not be withdrawn, nor may opposition be expressed, after 30 days have elapsed from the date of the initial consent; provided, if matters prescribed by the Decree of the Ministry of Agriculture, Food and Rural Affairs or the Decree of the Ministry of Oceans and Fisheries, such as the articles of incorporation, are amended after consent to the establishment of the association, such consent may be withdrawn or opposition may be expressed even after 30 days have elapsed, as long as it is before applying for authorization for the establishment of the association.
(3) To withdraw consent or express opposition under paragraph (1) or (2), an owner of land, etc. shall affix his or her fingerprint to a written withdrawal of consent as prescribed by the Decree of the Ministry of Agriculture, Food and Rural Affairs or the Decree of the Ministry of Oceans and Fisheries, sign the written withdrawal in his or her own handwriting, attach a copy of an identification document that can verify his or her identity, such as a resident registration card or passport, and send it via certified mail to the counterparty of the consent and the head of a Si/Gun/Gu. In such cases, where a representative under Article 17(1)1 or 2 intends to withdraw consent or express opposition, the representative shall also submit a letter of consent for the designation of a representative and documents proving the identity of the representative.
(4) When the head of a Si/Gun/Gu receives a written withdrawal of consent under paragraph (3), he or she shall notify the other party to the consent of the receipt thereof without delay.
(5) The withdrawal of consent or expression of opposition under paragraph (1) or (2) shall take effect at the earlier of: the time the written withdrawal of consent reaches the counterparty; or the time the head of a Si/Gun/Gu notifies the counterparty that the written withdrawal has been received under paragraph (4).
Article 17(Methods for calculating number of consenting owners of land, etc.) #
(1) The number of consenting owners of land, etc. under Article 14(2) of the Act shall be calculated according to the following criteria:
1. Where a single parcel of land or a single building is under the co-ownership of several persons: One representative from among such persons shall be calculated as the owner of land, etc.;
2. Where a superficies is established on land: One representative from among the owner of the land and the superficiary of the relevant land shall be calculated as the owner of land, etc.;
3. Where a single person owns multiple parcels of land or multiple buildings: One person shall be calculated as the owner of land, etc. regardless of the number of parcels or buildings; provided, with respect to land or buildings acquired by an owner of land, etc. for the purpose of an improvement project after the designation of an improvement zone, the owner at the time of the designation of the improvement zone shall be included in the calculation of the number of owners of land, etc., but whether to consent shall follow the intent of the owner of land, etc. who acquired the same;
4. A person who has acquired land or a building from a person who consented to the establishment of an association or an implementation plan shall be deemed to have consented to the establishment of the association or the implementation plan;
5. A person who meets all of the following requirements shall be excluded from the number of owners of land, etc.:
a. Where no resident registration number was entered at the time such person was registered as an owner in the land register, building register, cadastral records, or building ledger;
b. Where the address entered at the time such person was registered as an owner in the land register, building register, cadastral records, or building ledger differs from the current address and the whereabouts of such person cannot be confirmed;
6. With respect to State-owned or public property, the managing authority of such property shall be counted as an owner of land, etc.
(2) Matters necessary for the methods and procedures for calculating the number of consenting persons other than those prescribed in paragraph (1) shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
Article 18(Preparation of implementation plans) #
(1) "Matters prescribed by Presidential Decree" in Article 16(1)11 of the Act means the following matters; provided, matters under subparagraphs 4 through 9 shall be included only where necessary: <Amended on May 7, 2024>
1. A plan for the ownership of fundamental infrastructure and land, objects, and rights under Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects;
2. A plan for existing buildings, structures, etc.;
3. Documents necessary for consultation with the heads of relevant administrative agencies;
4. A list of objects to be expropriated or used;
5. A loss compensation plan;
6. Documents concerning measures for the preservation of national heritage;
7. Resident relocation measures, including temporary housing facilities;
8. Matters concerning a management and disposition plan and liquidation under Article 28 of the Act;
9. Other matters deemed necessary by the head of a Si/Gun/Gu for the implementation of the improvement project.
(2) "Cases where the number of tenant households is not more than 1/2 of the owners of land, etc., or other reasons prescribed by Presidential Decree" in the proviso of Article 16(2) of the Act means any of the following cases:
1. Where the number of tenant households is not more than 1/2 of the owners of land, etc.;
2. Where a maintenance-and-preservation-type development project is to be implemented.
(3) An implementation plan publicly notified by the head of a Si/Gun/Gu under the former part of Article 16(4) of the Act shall include the following matters:
1. Name and purpose of the improvement project, and the location and area of the improvement zone;
2. The name, address, and name of the representative of the project implementer;
3. The method and period of implementation of the improvement project;
4. Details of determination of an urban or Gun management plan under subparagraph 4 of Article 2 of the National Land Planning and Utilization Act;
5. Methods for inspection of related materials.
Article 19(Special cases concerning approval of implementation plan) #
"Criteria prescribed by Presidential Decree" in the latter part, with the exception of the subparagraphs, of Article 18(1) of the Act means the following criteria: <Amended on Aug. 11, 2016>
1. Notwithstanding subparagraph 12 of Article 2 of the Housing Act, rural houses to be preserved or remodeled shall also be deemed to be within a single housing complex;
2. Standards for the installation of ancillary facilities and welfare facilities under Article 35(1)3 and 4 of the Housing Act may be applied by including rural houses to be preserved or remodeled;
3. The relationship between a building site and a road under Article 44 of the Building Act may not be applied where it is recognized that there is no obstruction to the entry and exit of rural houses to be preserved or remodeled;
4. The designation of building lines under Article 46 of the Building Act may not be applied to rural houses to be preserved or remodeled.
Article 20(Methods of consent by owners of rural houses) #
With respect to the methods of consent, etc., by owners of rural houses to be preserved or remodeled under Article 18(2) of the Act, Article 14 of the Act and Articles 16 and 17 of this Decree shall apply mutatis mutandis. In such cases, "owner of land, etc." shall be deemed "owner of a rural house," respectively.
Article 21(Installation of temporary housing facilities) #
"Reasons prescribed by Presidential Decree" in the former part of Article 19(2) of the Act means any reason falling under the following subparagraphs:
1. Where the State or a local government has entered into a sales contract with a third party for the relevant building or land before the project implementer files an application for use;
2. Where a plan for use of the relevant building or land has been finalized before the project implementer files an application for use;
3. Where the State or a local government has granted permission for use of the relevant building or land to a third party before the project implementer files an application for use.
Article 22(Supply of rural houses) #
(1) If a project implementer has obtained approval of an implementation plan, he or she may sell or lease building sites, rural houses, and other facilities under Article 27(1) of the Act.
(2) To sell or lease building sites, rural houses, and other facilities under paragraph (1), a project implementer shall prepare a sale or lease plan including the following matters, post it on its own website or the website of the Si/Gun/Gu having jurisdiction over the improvement zone, and publicly announce it for at least 7 days on the bulletin boards of the Si/Gun/Gu and Eup/Myeon, and in locations conspicuous to the residents of the improvement zone:
1. Particulars of the building sites, etc., to be sold or leased;
2. Qualifications for persons eligible for sale or lease;
3. The timing, methods, and conditions of sale or lease;
4. The sale price or lease price;
5. Procedures and period for application for sale or lease;
6. The name and address of the project implementer;
7. A post-management plan (applicable only to lease).
(3) A project implementer shall give priority in the sale of sites or rural houses to any of the following persons:
1. A person who, in response to consultation under the Act on Acquisition of and Compensation for Land for Public Works Projects as applied mutatis mutandis under Article 22 of the Act, has transferred all ownership of land and buildings located within the improvement zone to the project implementer;
2. A person eligible for relocation measures or relocation settlement money established by the project implementer under Article 78 of the Act on Acquisition of and Compensation for Land for Public Works Projects as applied mutatis mutandis under Article 22 of the Act for persons who lose their basis of livelihood due to the implementation of the improvement project.
(4) A project implementer may give priority in leasing rural houses or other facilities to any of the following persons:
1. A person who, as of the date of public notice of lease under paragraph (2), has resided for at least 1 year in the Eup/Myeon/Dong where the improvement project is implemented and is a non-homeowner head of a household;
2. A person falling under paragraph (3)2.
Article 23(Sale price of rural houses) #
(1) Where a project implementer sells building sites, rural houses, or other facilities under Article 27(1) of the Act, the price shall be determined by arithmetically averaging the amounts appraised by 2 or more appraisal cells, etc. under the Act on Appraisal and Certified Appraisers; provided, if a supply agreement is entered into before the sale price is finalized, the agreement may be concluded based on an estimated amount agreed upon by the parties to the agreement, and settlement may be made at the time the sale price is finalized. <Amended on Aug. 31, 2016; Jan. 21, 2022>
(2) Where a project implementer leases building sites, rural houses, or other facilities, the lease deposit and rent shall be calculated by taking into account the depreciation costs, repair and maintenance costs, fire insurance premiums, interest paid on loans, allowance for doubtful accounts, etc., for the rental housing or other facilities and their ancillary facilities.
(3) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may determine a standard lease agreement and recommend that the project implementer use it when entering into a lease agreement for a rural house.
(4) If a project implementer sells a rural house that is under lease, the implementer may provide preferential sale to a tenant who was the initial occupant at the time the rural house was first leased and has remained a non-homeowner from the date of the initial occupancy until the time of sale.
(5) The lease period, collection of management fees, management methods, and other matters necessary for the management of building sites, rural houses, or other facilities shall be prescribed by ordinance of the Si/Gun/Gu.
Article 24(Special cases concerning restrictions on resale of building sites) #
"Cases prescribed by Presidential Decree, such as circumstances regarding the livelihood of a person to whom a building site was supplied" in the proviso of Article 30(1) of the Act means any of the following cases:
1. Where all members of a household (referring to members of a household including the head of the household; hereafter in this Article the same shall apply) relocate to a Special City, another Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si or Gun (excluding other Guns within the jurisdiction of the same Metropolitan City) due to circumstances involving the work or livelihood of household members, or due to medical treatment, schooling, or marriage;
2. Where all members of a household relocate to a house acquired through inheritance;
3. Where all members of a household emigrate abroad or intend to stay abroad for a period of 2 years or more;
4. Where a building site is transferred to a divorcing spouse due to divorce;
5. Where a person eligible for relocation measures established under Article 78 of the Act on Acquisition of and Compensation for Land for Public Works Projects, which is applied mutatis mutandis under Article 22 of the Act, resells a building site intended for relocation measures;
6. Where an auction or public sale is conducted because a person to whom a building site was supplied fails to perform his or her obligations to the State, a local government, or any of the following institutions:
a. A bank under the Banking Act;
b. The Industrial Bank of Korea under the Industrial Bank of Korea Act;
c. A mutual savings bank under the Mutual Savings Banks Act;
d. An insurance company under the Insurance Business Act;
e. Any other institution engaged in financial business under statutes as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries;
7. Where a share of a building site is donated to a spouse for the purpose of joint ownership.
Article 25(Authorization of completion of improvement projects) #
(1) To obtain authorization of completion of an improvement project under Article 32(1) of the Act, a project implementer shall submit to the head of a Si/Gun/Gu an application for authorization of completion as prescribed by the Decree of the Ministry of Agriculture, Food and Rural Affairs or the Decree of the Ministry of Oceans and Fisheries, along with the following documents:
1. A completion report (including as-built drawings and completion photographs);
2. A cadastral survey result map;
3. A replotting plan (limited to cases where replotting is performed);
4. A management and disposition plan for building sites, buildings, and facilities, etc. resulting from the implementation of the improvement project, and records of its implementation (limited to improvement projects implemented by an association);
5. A comparative table of old and new cadastres;
6. Drawings of land, buildings, and facilities, etc. before and after completion;
7. Documents necessary for consultation with the heads of relevant administrative agencies under the latter part of Article 32(3) of the Act;
8. A statement and drawings concerning the attribution of fundamental infrastructure and land, etc. under Article 34 of the Act.
(2) When granting authorization of completion under Article 32(4) of the Act, the head of a Si/Gun/Gu shall issue a certificate of authorization of completion as prescribed by the Decree of the Ministry of Agriculture, Food and Rural Affairs or the Decree of the Ministry of Oceans and Fisheries to the project implementer, stating the following matters:
1. The name of the improvement project and the method of implementation;
2. Location of the improvement zone;
3. Name and address of the project implementer;
4. Details and date of authorization of completion.
(3) A public notice of completion of works under Article 32(4) and (5) of the Act shall include the following matters:
1. Name of the improvement project;
2. Location of the improvement zone;
3. Name and address of the project implementer;
Article 26(Permission for use prior to authorization of completion) #
(1) Where a project implementer intends to obtain permission for use for a completed building under Article 32(6) of the Act before obtaining authorization of completion, he or she shall submit an application for permission for use prior to authorization of completion to the head of a Si/Gun/Gu as prescribed by the Decree of the Ministry of Agriculture, Food and Rural Affairs or the Decree of the Ministry of Oceans and Fisheries.
(2) "Cases where a completed building is suitable for the standards prescribed by Presidential Decree, such as having no obstruction to use" in Article 32(6) of the Act means cases meeting all of the following criteria: <Amended on Feb. 9, 2018>
1. The completed building shall be equipped with electricity, water, heating, and water and sewage facilities, etc., so that there is no obstruction to using the relevant building;
2. The completed building shall be suitable for a management and disposition plan authorized under Article 74(1) of the Act on the Improvement of Urban Areas and Residential Environments, which is applied mutatis mutandis under Article 28 of the Act, or an implementation plan authorized under Article 29(1) of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement (limited to improvement projects implemented by an association);
3. Occupants shall be safe from hazards such as vehicle traffic, noise, and dust resulting from the construction of the relevant building.
(3) When granting permission for use prior to authorization of completion under Article 32(6) of the Act, the head of a Si/Gun/Gu may grant such permission by building, by household, or by section.
Article 27(Methods of priority right to purchase) #
(1) If there are building sites or buildings to be sold with a priority right to purchase to a person whose land or buildings were expropriated for the installation of fundamental infrastructure under Article 33(2) of the Act, the project implementer shall publicly announce the following matters in one or more daily newspapers whose main circulation area includes the relevant region:
1. The fact that a person falling under the former part of Article 33(2) of the Act has a priority right to purchase the building sites or buildings subject to sale in the improvement zone;
2. The location, area, and estimated sale price of the building sites or buildings to be sold;
3. The timing and method of payment of the sale price;
4. Other matters necessary for the sale.
(2) A person who intends to preferentially request to purchase under the former part of Article 33(2) of the Act (hereafter in this Article referred to as "person entitled to request purchase") shall submit a written request for purchase to the project implementer within 14 days from the date of the public announcement under paragraph (1). In such cases, if no request for purchase is made within such period, it shall be deemed that there is no intention to purchase.
(3) The sale price under Article 33(4) of the Act shall be determined by arithmetically averaging the amounts appraised by 2 or more appraisal corporations, etc. under the Act on Appraisal and Certified Appraisers. <Amended on Aug. 31, 2016; Jan. 21, 2022>
(4) Upon receipt of a purchase request under the former part of paragraph (2), the project implementer shall consult with the person entitled to request purchase regarding the timing and method of payment of the sale price, etc. In such cases, if a consultation fails to result in an agreement, the head of a Si/Gun/Gu shall, upon application by the project implementer or the person entitled to request purchase, make a determination following deliberation by the Si/Gun/Gu Agriculture, Rural Community and Food Industry Policy Committee under Article 15(1) of the Framework Act on Agriculture and Fisheries, Rural Community, and Food Industry or the Si/Gun/Gu Fisheries and Fishing Villages Policy Committee under Article 8(1) of the Framework Act on Fishers and Fishing Villages Development. <Amended on Dec. 22, 2015>
(5) Where a consultation results in an agreement or a determination is made under paragraph (4), the project implementer shall sell the relevant building sites or buildings to the person entitled to request purchase in accordance with the contents thereof.
Article 28(Timing for installation of arterial facilities) #
(1) The timing for installation under Article 35(2) of the Act shall be the period for implementing the improvement project specified in the implementation plan for the relevant improvement zone; provided, where there is a good cause that makes it impracticable to install them during the period for implementing the improvement project, such as disaster recovery or disaster response, an electricity, the providers of electricity, telecommunications, gas, or district heating may determine a different timing for installation in consultation with the project implementer.
(2) If the head of a Si/Gun/Gu directly establishes an implementation plan or a project implementer obtains approval for an implementation plan, the head of a Si/Gun/Gu or the project implementer shall notify the provider of electricity, telecommunications, gas, or district heating in the relevant area of such fact without delay.
Article 29(Gratuitous transfer of State-owned or public land) #
(1) The gratuitous transfer of State-owned or public land under Article 37(2) of the Act shall be governed by a contract between the administrative agency in charge of the relevant State-owned or public land and the project implementer.
(2) The total area of State-owned land gratuitously transferred under paragraph (1) shall not exceed 30/100 of the area of the relevant improvement zone.
Article 30(Duties of Rural Housing Environment Support Center) #
(1) "Persons prescribed by Presidential Decree" in Article 38(2) of the Act means the following persons:
1. The Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act (hereinafter referred to as the "Korea Rural Community Corporation");
2. Among public institutions under Article 4(1) of the Act on the Management of Public Institutions, institutions equipped with human resources capable of performing the duties referred to in the subparagraphs of paragraph (2).
(2) "Duties prescribed by Presidential Decree" in Article 38(3) of the Act means the following duties:
1. Support for the formulation of the comprehensive plan under Article 5 of the Act;
2. Support for the formulation of the improvement plan under Article 6 of the Act;
3. Support related to the evaluation of improvement project performance under Article 42 of the Act;
4. Other duties prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries to support improvement projects.
Article 31(Subsidies and loans) #
(1) If a project implementer intends to receive a subsidy or a loan from the State or a local government under Article 39(1) of the Act, the project implementer shall submit an application specifying the following matters to the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or the head of the competent local government:
1. The purpose and necessity of the improvement project;
2. The period and scale of the improvement project;
3. The total project cost and the funds required for the relevant year;
4. Other data explaining the feasibility of the relevant improvement project.
(2) Where the State or a local government decides to subsidize all or part of the funds necessary for implementing a comprehensive redevelopment project or a linked development project to a project implementer under Article 11(1)4 or 5 of the Act, and where necessary for achieving the purpose of the improvement project, it may enter into a contract with the project implementer to have the improvement project subject to subsidies implemented at the expense of the project implementer and reimburse such expenses to the project implementer afterward.
(3) Where a repayment agreement for the cost of an improvement project subject to subsidies is concluded under paragraph (2), the repayment period shall be within 3 years from the date of public notice of completion of the relevant construction under Article 25(3), and the repayment amount shall be the sum of the following costs:
1. Cost of the improvement project subject to subsidies;
2. Interest on the costs until the time the repayment is completed. In such cases, the interest rate shall be the interest rate for time deposits at the time the repayment agreement for the costs is entered into (which refers to the average interest rate for one-year time deposits of banks under the Banking Act); provided that if otherwise determined in a repayment agreement for the costs of an improvement project subject to subsidies, such agreement shall prevail.
(4) The interest rate and reimbursement period for funds loaned for an improvement project under Article 39(1) of the Act shall be determined by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries in consultation with the Minister of Planning and Budget. <Amended on Dec. 30, 2025>
Article 32(Evaluation of improvement project performance by improvement zone) #
(1) In order to evaluate project performance under Article 42(1) of the Act, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall formulate a plan for evaluating improvement project performance by improvement zone (hereafter in this Article referred to as the "evaluation plan"), reflecting the following evaluation criteria:
1. Whether the implementation plan for the improvement project is complied with;
2. Degree of achievement of the objectives of the improvement project and its performance;
3. Efficiency in execution;
4. Other matters the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries deems necessary.
(2) Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries establishes an evaluation plan under paragraph (1), he or she shall notify the Mayor/Do Governor, the head of a Si/Gun/Gu, and the project implementer thereof.
(3) The head of a Si/Gun/Gu and the project implementer shall submit documents necessary for evaluating the performance of improvement projects for each improvement zone to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries in accordance with the evaluation plan.
(4) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall evaluate the documents submitted under paragraph (3) in accordance with the evaluation plan and notify the Mayor/Do Governor, the head of a Si/Gun/Gu, and the project implementer of the results.
Article 32-2(Processing of unique identifying information) #
The head of a Si/Gun/Gu (including any person to whom the relevant authority is delegated or entrusted, where such authority is delegated or entrusted) and the project implementer under Article 11 of the Act may, where unavoidable for the performance of the following business affairs, process data containing resident registration numbers or passport numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Business affairs concerning the establishment of an association under Article 13(1) of the Act;
2. Business affairs concerning the composition of a promotion committee for the establishment of an association under Article 13(3) of the Act;
3. Business affairs concerning the preparation of an implementation plan for an improvement project under Article 16(1) of the Act.
[This Article Added on Mar. 27, 2017]
Article 33(Criteria for imposing administrative fines) #
Criteria for imposing administrative fines under Article 46 of the Act shall be as specified in the Appendix.