Article 1(Purpose) #
The purpose of this Act is to prescribe matters regarding the formulation, implementation, etc. of housing policies on housing welfare, etc. and to guarantee housing rights of people, thereby contributing to enhancing residential stability and improving housing standards for the people.
Article 2(Housing rights) #
The people have the right to live a decent residential life in a pleasant and stable dwelling environment protected against any physical or social danger, as prescribed by relevant statutes and regulations, and ordinances.
Article 3(Basic principles for housing policies) #
The State and a local government shall devise and implement housing polices in accordance with the following basic principles to guarantee the housing rights referred to in Article 2: <Amended on Dec. 31, 2018; Apr. 23, 2019>
1. The people's housing expenses shall be maintained at affordable levels through supply of housing and subsidization of housing expenses according to income levels, life cycle, etc.;
2. Housing standards for classes in need of housing support such as the disabled, the aged, low-income persons, newlyweds, the youth, and children subject to support (referring to children subject to support defined in subparagraph 5 of Article 3 of the Child Welfare Act) (hereinafter referred to as "classes in need of housing support") shall be elevated by giving them priority in rental-house supply and housing-expense subsidization according to demand for housing welfare;
3. The construction of good-quality houses shall be facilitated, and the supply of rental houses shall be expanded;
4. Housing shall be supplied in a systematic and efficient manner;
5. Housing shall be managed in a way that can ensure people live in a pleasant and safe environment;
6. Housing standards for residents of existing houses shall be elevated by improving the residential environment, worn-out houses, etc.;
7. Support shall be provided to ensure that the disabled, the aged, and other housing underprivileged are able to maintain a safe and convenient residential life;
8. Preemptive countermeasures shall be taken in response to long-term socioeconomic changes, such as a low birth rate, an aging population, and a diversified mode of life;
9. The normal functioning of the housing market and the sound development of the relevant housing industry shall be encouraged.
Article 4(Relationship to other statutes) #
The State shall ensure that other enacted or amended statutes related to housing policies comply with the provisions of this Act.
Article 5(Formulation of comprehensive housing plans) #
(1) The Minister of Land, Infrastructure and Transport shall formulate and implement a comprehensive housing plan containing the following (hereinafter referred to as "comprehensive housing plan") in order to enhance residential stability and housing standards for the people: <Amended on Dec. 31, 2018>
1. Basic objectives and basic directions of housing policies;
2. Supply of and demand for housing or housing sites;
3. Supply of public housing, such as public rental houses;
4. Management of multi-unit housing;
5. Raise and operation of funds for housing policies;
6. Improvement of the residential environment, worn-out houses, etc.;
7. Preferential supply of rental houses, subsidization of housing expenses, etc. for classes in need of housing support;
8. Deleted; <Dec. 31, 2024>
9. The housing welfare delivery system referred to in Article 21;
10. Other matters prescribed by Presidential Decree.
(2) The comprehensive housing plan shall be classified into an annual plan and a 10-year plan, and the annual plan shall be formulated by the end of February of the pertinent year based on the 10-year plan.
(3) The Minister of Land, Infrastructure and Transport shall review the feasibility of a 10-year comprehensive housing plan every five years after formulating the plan.
(4) The comprehensive housing plan shall comply with the comprehensive national land plan under the Framework Act on the National Land.
(5) The State, a local government, Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act (hereinafter referred to as "Korea Land and Housing Corporation"), and a local government-invested public corporation established to conduct housing projects pursuant to Article 49 of the Local Public Enterprises Act shall implement housing construction projects or building site development projects according to the comprehensive housing plan.
(6) Where the Minister of Land, Infrastructure and Transport intends to formulate or modify a 10-year comprehensive housing plan, he or she shall conduct a survey on residential conditions referred to in Article 20; provided, the survey on residential conditions may be omitted where such survey is deemed unnecessary as prescribed by Presidential Decree, such as where a separate survey on residential conditions has been conducted in relation to the formulation or modification of the relevant comprehensive housing plan and where minor modifications have been made thereto.
Article 6(Formulation of comprehensive City/Do housing plans) #
(1) A Mayor/Do Governor shall formulate both an annual comprehensive City/Do housing plan and a 10-year comprehensive City/Do housing plan according to the comprehensive housing plan referred to in Article 5 and to the extent prescribed by Presidential Decree, as prescribed by Municipal Ordinance of the Special Metropolitan City, a relevant Metropolitan City, a Metropolitan Self-Governing City, Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do"). In such cases, a comprehensive City/Do housing plan shall conform to the comprehensive housing plan referred to in Article 5, and an annual comprehensive City/Do housing plan shall conform to the relevant 10-year comprehensive City/Do housing plan.
(2) Where a Mayor/Do Governor has established an annual comprehensive City/Do housing plan or a 10-year comprehensive City/Do housing plan pursuant to paragraph (1), he or she shall submit it to the Minister of Land, Infrastructure and Transport without delay.
(3) A Mayor/Do Governor shall review the feasibility of a 10-year comprehensive City/Do housing plan every five years after formulating the plan.
(4) Where a Mayor/Do Governor intends to establish or modify a 10-year comprehensive City/Do housing plan, he or she shall conduct a survey on residential conditions referred to in Article 20; provided, the survey on residential conditions may be omitted where the survey is deemed unnecessary, such as where a separate survey on residential conditions has been conducted in relation to the formulation or modification of the comprehensive housing plan and where minor modifications have been made thereto.
(5) Standards, procedures, etc. for formulating comprehensive City/Do housing plans may be prescribed by the Minister of Land, Infrastructure and Transport.
Article 7(Consultation on housing policies) #
(1) Where the head of a central administrative agency and a Mayor/Do Governor intends to take necessary measures for affairs under his or her jurisdiction, except as provided for in this Act concerning the following, he or she shall pre-consult with the Minister of Land, Infrastructure and Transport:
1. Construction, supply, or management of housing;
2. Raise and operation of funds for the affairs referred to in subparagraph 1.
(2) Agencies for consultation, and the scope of, and procedures for, consultation under paragraph (1) and other matters shall be prescribed by Presidential Decree.
Article 8(Housing Policy Deliberative Committee) #
(1) A Housing Policy Deliberative Committee (hereinafter referred to as the "Committee") shall be established under the Ministry of Land, Infrastructure and Transport to deliberate on the following matters related to housing policies: <Amended on Jan. 19, 2016>
1. Establishment of and changes to the minimum residential standards referred to in Article 17 and the recommended residential standards referred to in Article 19;
2. Formulation and modification of comprehensive housing plans;
3. Designation, alteration, or cancellation of designation of housing site development zones under the Housing Site Development Promotion Act (limited to where the designating authority is the Minister of Land, Infrastructure and Transport; and including where approval from the Minister of Land, Infrastructure and Transport is required pursuant to Article 3 (2) of the same Act);
4. Designation, and cancellation of designation, of areas subject to the sales price ceiling system referred to in Article 58 of the Housing Act;
5. Designation, and cancellation of designation of high-speculation areas referred to in Article 63 of the Housing Act;
6. Matters required by other statutes or regulations to undergo deliberation by the Committee;
7. Other important policies related to housing policies on housing welfare, etc. and to construction, supply and transactions of houses and are referred by the Minister of Land, Infrastructure and Transport to the Committee for deliberation).
(2) The Committee established under paragraph (1) shall be comprised of up to 29 persons, including one chairperson. <Amended on Dec. 7, 2021>
(3) The Minister of Land, Infrastructure and Transport shall serve as the chairperson and the following persons, as members of the Committee. In such cases, the persons commissioned under subparagraph 5 shall comprise a majority of the members of the Committee: <Amended on Dec. 7, 2021>
1. A vice minister-level public official of a related central administrative agency prescribed by Presidential Decree;
2. The Mayor/Do Governor having jurisdiction over the relevant housing site development zone (limited to deliberations on matters referred to in paragraph (1) 3);
3. The CEO of Korean Land and Housing Corporation;
Article 9(City/Do Housing Policy Deliberative Committee) #
(1) A City/Do Housing Policy Deliberative Committee shall be established in a City/Do to deliberate on such matters as comprehensive City/Do housing plans and the designation, alteration, or cancellation of designation of housing site development zones under the Housing Site Development Promotion Act (limited to where the designating authority is the Mayor/Do Governor; and excluding where approval from the Minister of Land, Infrastructure and Transport is required pursuant to Article 3 (2) of the same Act).
(2) Matters necessary for the composition, operation, etc. of the City/Do Housing Policy Deliberative Committee shall be prescribed by ordinance of the City/Do, as prescribed by Presidential Decree.
Article 10(Construction and supply of housing) #
(1) The State and a local government shall endeavor to ensure that housing is constructed and supplied systematically and efficiently, and shall assist the housing market and industry in functioning in a sound manner.
(2) Necessary matters concerning paragraph (1) shall be separately prescribed by other statutes.
Article 11(Supply of rental housing) #
(1) The State and a local government shall supply public rental houses for classes in need of housing support. <Amended on Dec. 31, 2018>
(2) The State and a local government shall provide support to facilitate the supply of private rental houses.
(3) The State and a local government may assist non-profit organizations, such as social enterprises and social cooperatives, in supplying rental houses for the public interests.
(4) Necessary matters concerning paragraphs (1) through (3) shall be separately prescribed by other statutes.
Article 12(Management of multi-unit housing) #
(1) The State and a local government shall establish a transparent and efficient multi-unit housing management system so that the people can maintain a fulfilling residential life.
(2) Necessary matters concerning paragraph (1) shall be separately prescribed by other statutes.
Article 13(Funds for housing policies) #
(1) The State may set up and operate funds necessary to efficiently execute housing policies.
(2) The State may subsidize a local government with financial resources required to implement housing policies.
(3) The State may provide funds necessary to purchase, rent, construct, or improve housing.
(4) Necessary matters concerning paragraph (1) shall be separately prescribed by other statutes.
Article 14(Improvement of residential environment) #
(1) The State and a local government shall provide support to enhance the quality of residents' lives by improving the residential environment and worn-out houses.
(2) Necessary matters concerning paragraph (1) shall be separately prescribed by other statutes.
Article 15(Subsidization of housing expenses) #
(1) The State and a local government shall grant housing benefits to low-income households that have a difficulty affording housing due to a heavy burden of housing expenses.
(2) Necessary matters concerning paragraph (1) shall be separately prescribed by other statutes.
(3) The State and a local government may fully or partially subsidize housing expenses, within budgetary limits, for low-income households other than those eligible for the housing benefits referred to in paragraphs (1) and (2).
Article 16(Support for housing underprivileged) #
(1) The State and a local government shall provide support for the housing underprivileged, such as the disabled and the aged, so that they are able to maintain a safe and convenient residential life.
(2) Necessary matters concerning paragraph (1) shall be separately prescribed by other statutes.
Article 17(Establishment of minimum residential standards) #
(1) The Minister of Land, Infrastructure and Transport shall establish and publicly announce the minimum residential standards as an indicator of the minimum level of housing necessary for the people to maintain a pleasant and fulfilling life.
(2) Where the Minister of Land, Infrastructure and Transport intends to establish and publicly announce the minimum residential standards pursuant to paragraph (1), he or she shall have the standards undergo deliberation by the Housing Policy Deliberative Committee after prior consultation with the heads of related central administrative agencies. The same shall also apply where the minister intends to change the publicly announced minimum residential standards.
(3) The minimum residential standards shall include matters prescribed by Presidential Decree, such as a residential area, the number of rooms by use, the structure, facilities and performance of a house. <Amended on Dec. 3, 2024>
(4) The appropriateness of the minimum residential standards shall be maintained in response to changes in social and economic conditions, such as changes in the population structure, characteristics of households, and income levels. <Added on Dec. 3, 2024>
(5) The Minister of Land, Infrastructure and Transport shall re-examine the appropriateness of the minimum residential standards every 5 years in connection with the comprehensive housing plan. <Added on Dec. 3, 2024>
Article 18(Preferential subsidization for households below minimum residential standards) #
(1) The State or a local government may give priority to supplying housing or subsidizing improvement funds for households below the minimum residential standards.
(2) Where the State or a local government establishes or executes housing policies, or where a business entity implements a housing construction project, it shall endeavor to reduce the number of households below the minimum residential standards.
(3) When the Minister of Land, Infrastructure and Transport or the head of a local government grants authorization, permission, etc. related to housing construction, he or she shall take necessary measures, such as issuing an order to supplement an application for approval for project plans in compliance with the minimum residential standards, if the details of the relevant construction project fail to satisfy such standards; provided, the same shall not apply to houses prescribed by Presidential Decree, such as small houses for single-person households, etc. built in the downtown area of a city.
(4) The Minister of Land, Infrastructure and Transport or the head of a local government may take necessary measures to give priority to constructing rental houses or to implementing a maintenance project under the Act on the Improvement of Urban Areas and Residential Environments, in an area densely packed with households below the minimum residential standards.
Article 19(Establishment of recommended residential standards) #
(1) The Minister of Land, Infrastructure and Transport shall establish and publicly announce recommended residential standards as an indicator to encourage the elevation of the housing standards for the people. <Amended on Dec. 3, 2024>
(2) Where the Minister of Land, Infrastructure and Transport intends to establish and publicly announce the recommended residential standards pursuant to paragraph (1), he or she shall have the standards undergo deliberation by the Housing Policy Deliberative Committee after prior consultation with the heads of related central administrative agencies. The same shall also apply where the minister intends to change the recommended residential standards publicly announced.
(3) Where the State or a local government intends to establish or implement a housing policy, it shall endeavor to reduce the number of households below the recommended residential standards.
(4) The Minister of Land, Infrastructure and Transport shall re-examine the appropriateness of the recommended residential standards every 5 years in connection with the comprehensive housing plan. <Added on Dec. 3, 2024>
Article 20(Survey on residential conditions) #
(1) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun may conduct a survey on residential conditions (hereinafter referred to as "survey on residential conditions") for matters prescribed by Presidential Decree in relation to the following:
1. Dwelling and residential environment;
2. Household characteristics;
3. Demand for housing welfare;
4. Other matters to grasp the residential conditions.
(2) The survey on residential conditions may be conducted separately for the following persons: <Amended on Apr. 18, 2017; Dec. 31, 2018; Apr. 23, 2019>
1. Eligible recipients and the next lowest income bracket defined in Article 2 of the National Basic Living Security Act;
2. Newlyweds, the disabled, and the aged;
3. Persons living in a place other than a house, such as a goshiwon, which is a tiny residential room for a person preparing for national examinations;
4. The youth, such as students attending schools referred to in Article 2 of the Higher Education Act;
5. Children subject to support defined in subparagraph 5 of Article 3 of the Child Welfare Act;
6. Single-person households that meet the criteria regarding income, assets and age, as prescribed by Presidential Decree;
7. Other matters prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun may conduct a survey on residential conditions by classifying it into a regular and irregular survey. In such cases, survey items for the latter may be separately determined, if deemed especially necessary by the Minister of Land, Infrastructure and Transport, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun.
(4) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun may entrust business relating to the survey on residential conditions to an institution or organization established to promote housing welfare, the housing industry, etc., as prescribed by Presidential Decree.
(5) A person who intends to conduct the survey on residential conditions pursuant to paragraph (1) or (4) shall carry both a certificate indicating his or her authority and a document describing matters prescribed by Presidential Decree, such as the period and scope of the survey, the person in charge of the survey and relevant statutes or regulations, and shall present them to relevant persons. <Added on Jan. 19, 2016>
Article 21(Housing welfare delivery system) #
(1) The State and a local government shall establish a regionally and functionally balanced housing welfare delivery system to allow the people to easily access the system.
(2) The State and a local government shall have organization, human resources, budget, etc. necessary for efficiently operating a housing welfare delivery system.
(3) The State and a local government shall endeavor to ensure that the housing welfare delivery system in the private sector can be properly utilized and efficiently correlated with the housing welfare delivery system in the public sector.
Article 22(Housing welfare centers) #
(1) The State and a local government may establish a housing welfare center in order to conduct the following affairs:
1. Provision of information and consultations on housing welfare;
2. Support for housing-related surveys under Article 20 and relevant statutes or regulations;
3. Other matters prescribed by Presidential Decree.
(2) The State and a local government may entrust the establishment and operation of a housing welfare center to an institution equipped with expertise, organization, and human resources suitable for housing support business, as prescribed by Presidential Decree.
Article 23(Housing welfare information system) #
(1) The Minister of Land, Infrastructure and Transport may establish and operate a housing welfare information system through linkage with the information system, etc. prescribed by Presidential Decree to ensure that people have easier access to housing welfare policies.
(2) The Minister of Land, Infrastructure and Transport may entrust business referred to in paragraph (1) to an institution or organization established to promote housing welfare, the housing industry, etc., as prescribed by Presidential Decree.
(3) No person who engages or previously engaged in business referred to paragraph (1) or (2) shall disclose or steal secrets he or she learned in the course of performing his or her duties.
(4) Details necessary for the establishment, operation, etc. of the housing welfare information system referred to in paragraph (1) shall be prescribed by Presidential Decree.
Article 24(Nurturing of housing welfare experts) #
(1) The State and a local government shall endeavor to nurture housing welfare experts.
(2) The State and a local government may support education for nurturing housing welfare exerts. In such cases, matters regarding specialized institutions for such education, subsidization for expenses, etc. shall be prescribed by Presidential Decree.
(3) The State, a local government, and a public institution may preferentially employ and place housing welfare experts to efficiently conduct the housing welfare affairs prescribed by Presidential Decree.
(4) Matters necessary for the employment, placement, etc. of housing welfare experts referred to in paragraph (3) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.
Article 25(Penalty provisions) #
A person who discloses or steals any secret he or she learned in the course of performing his or her duties in violation of Article 23 (3) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Nov. 28, 2017>