Building Act


Published: 2013-05-10

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purposes)   print
The purposes of this Act are to improve the safety, functions, environment, and aesthetic view of buildings, and to promote public welfare by establishing the standards for and purposes of use of sites, structures, and facilities of buildings.
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 Article 2 (Definitions)   print
(1) The definitions of terms used in this Act shall be as follows: <Amended by Act No. 9774, Jun. 9, 2009; Act No. 11057, Sep. 16, 2011; Act No. 11182, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013>
1. The term "site" means a parcel of land partitioned under the Act on Land Survey, Waterway Survey and Cadastral Records: Provided, That two or more parcels of land or part of one or more parcels of land may be regarded as one site, if they are parcels of land prescribed by Presidential Decree;
2. The term "building" means a structure fixed to land, with a roof and columns or walls and facilities appurtenant thereto; an office, a structure for public performances, a shop, a garage, or a warehouse installed in an underground or elevated structure; or other structures prescribed by Presidential Decree;
3. The term "use of buildings" means classification of buildings according to similarity of structure, purpose of use, or style;
4. The term "facilities of a building" means systems installed in a building for electricity, telephone, high-speed information communication, intelligent home network, gas, water supply, water distribution, drainage, air ventilation, heating, fire fighting, smoke ventilation, and disposal of wastes; chimneys, elevators, lightning conductors, flag poles, common antenna, cable television-receiving devices, mail boxes, and water reservoirs in a building; and other facilities specified by Ordinance of the Ministry of Land, Infrastructure and Transport;
5. The term "basement level" means a level below the ground level of a building, the average height of which from its floor up to the ground level shall not be lower than half of the height of the level;
6. The term "living room" means a room of a building, used for dwelling, business, working, meeting, recreation, or another similar purpose;
7. The term "main structural parts" means bearing walls, columns, floors, beams, roof frameworks, and main stairways: Provided, That studs, the lowest floor, small beams, sunshades, outdoor stairways, and other similar parts not essential to the structure of a building shall be excluded herefrom;
8. The term "construction" means to build a new building; to extend, alter, or rebuild an existing building; or to relocate a building;
9. The term "substantial repair" means repairing, altering, or extending the structure or external form of columns, beams, bearing walls, main stairways of a building, which is further defined by Presidential Decree;
10. The term "remodelling" means activities of substantial repair or partial extension of a building for keeping the building from aging or for improving functions of the building;
11. The term "road" means a road or a proposed road of four meters or wider for pedestrian and motor vehicle traffic, falling under any of the following items (or a road with a structure and width prescribed by Presidential Decree, in cases where geographical features make use by motor vehicle traffic impossible, or it has a dead end):
(a) A road for which a public announcement of new construction or alteration has been issued pursuant to the National Land Planning and Utilization Act, the Road Act, the Private Road Act, or any other relevant Act and subordinate statute;
(b) A road, the location of which has been designated and publicly announced by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) as of the time when a building permit is granted or a report on a building project is filed;
12. The term "project owner" means a person who has awarded a contract for construction or substantial repair of a building, alteration of a building for another use, installation of facilities of a building, or erection of a structure (hereinafter referred to as "construction, etc. of a building") to someone, or who carries out such construction works by him/herself with a site manager employed;
13. The term "architect" means a person who prepares architectural plans and drawings under his/her responsibility (including cases where he/she performs such works with assistants), interprets the design of the plans and drawings, and provides guidance and advice on the plans and drawings;
14. The term "architectural plans and drawings" means drawings, structure calculation sheets, specifications, and other documents necessary for construction works as specified by Ordinance of the Ministry of Land, Infrastructure and Transport;
15. The term "project supervisor" means a person responsible for inspection of construction works to ensure that a building, facilities of a building, or a structure is built or elected in compliance with the details of architectural plans and drawings, under his/her responsibility (including cases where he/she performs such works with assistants), as prescribed by this Act, as well as for guidance and supervision over quality control, project management, and safety control;
16. The term "contractor" means a person who performs construction works as defined in subparagraph 4 of Article 2 of the Framework Act on the Construction Industry;
16-2. The term "maintenance and management of a building" means the acts of managing a building conducted by the owner or the manager thereof until it is destructed to maintain the site, structure, facilities, usage of the building continuously for which an approval on the use has been obtained;
17. The term "related specialized engineer" means a holder of qualifications for a specialized area of engineering relating to a building, such as structure or facilities of a building, who participates in planning and supervision of the building and cooperates with the architect and project supervisor;
18. The term "special building zone" means an area specially designated as exempt from some regulations under this Act or any other Act and subordinate statute or one to which such regulations shall be relaxed or integrated for application in order to facilitate the creation of beautiful urban landscape, the development of construction technology, and the improvement of systems relating to construction through construction of harmonious and creative buildings;
19. The term "high-rise building" means a building whose number of floors is not less than 30 and height is not less than 120 meters.
(2) The uses of buildings shall be classified into the following categories, and the subcategories of the uses of buildings in each such category shall be prescribed by Presidential Decree:
1. Detached houses;
2. Multi-unit houses;
3. Class I neighborhood living facilities;
4. Class II neighborhood living facilities;
5. Facilities for cultural activities and assembly;
6. Religious facilities;
7. Commercial facilities;
8. Transportation facilities;
9. Medical facilities;
10. Education and research facilities;
11. Facilities for the aged and children;
12. Training facilities;
13. Sports facilities;
14. Business facilities;
15. Lodging facilities;
16. Amusement facilities;
17. Factories;
18. Warehouses;
19. Facilities for storage and treatment of dangerous substance;
20. Facilities for motor vehicles;
21. Facilities for animals and plants;
22. Facilities for treatment of excreta and wastes;
23. Correctional facilities and military installations;
24. Facilities for broadcasting and telecommunications;
25. Facilities for power generation;
26. Cemeteries and related facilities;
27. Facilities for tourism and relaxation;
28. Other facilities prescribed by Presidential Decree.
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 Article 3 (Buildings, etc. Excluded from Scope of Application)   print
(1) A building shall not be governed by this Act, if it falls under any of the following subparagraphs:
1. An item of cultural heritage designated, permanently or provisionally, pursuant to the Cultural Heritage Protection Act;
2. Any of the following facilities within the site of a railroad or track:
(a) A facility for safety of operations;
(b) A facility installed over or under a railroad for pedestrian traffic;
(c) A platform;
(d) A facility for supplying water, coal, or oil for operation of a railroad or track;
3. An expressway tollgate;
4. Temporary storage made of cargo containers (limited to those installed in the site of a building that shall be used only as a factory under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act and that shall be easily movable).
(2) Articles 44 through 47, 51, and 57 shall not apply to any area that does not fall within either an urban area defined in the National Land Planning and Utilization Act or a district unit planning zone under Article 51 (3) of the same Act and that is not in the boundary of a Dong or Eup (or an island within a Dong or Eup, only if the island has a population of 500 or more persons). <Amended by Act No. 10599, Apr. 14, 2011>
(3) Articles 45 through 47 shall not apply in cases where a building or structure under Article 47 (7) of the National Land Planning and Utilization Act is built on the site of a proposed road designated for the planned urban/Gun facility. <Amended by Act No. 10599, Apr. 14, 2011>
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 Article 4 (Building Committee)   print
(1) The Minister of Land, Infrastructure and Transport, each Mayor/Do Governor and the head of each Si/Gun/Gu shall establish a building committee, which is responsible for investigating, deliberating on, conciliating, and arbitrating the following matters (hereafter referred to as "deliberation, etc." in this Article): <Amended by Act No. 9594, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
1. Essential matters for the enforcement of this Act and relevant municipal ordinances;
2. Matters concerning the conciliation or arbitration of disputes related to construction, etc. of a building: Provided, That a building committee established under the jurisdiction of the head of each Si/Gun/Gu shall be excluded herefrom;
3. Matters specified by other Acts and subordinate statutes as subject to the deliberation by a building committee;
4. Matters referred to a building committee pursuant to any other Act and subordinate statute for deliberation, in cases where such Act and subordinate statute exists that allows the deliberation by the building committee as an alternative for the deliberation under the relevant Act and subordinate statute.
(2) The Minister of Land, Infrastructure and Transport, each Mayor/Do Governor, or the head of each Si/Gun/Gu may, if necessary for the efficient execution of deliberation, etc. by a building committee, organize and operate a specialized committee for conciliation of building disputes (limited to a building committee established by the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor) and a special subcommittee for each area under the control of the building committee established by himself/herself. <Amended by Act No. 9594, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
(3) The specialized committees for conciliation of building disputes and the special subcommittees for each area under paragraph (2) shall engage in deliberation, etc. on the matters prescribed by the building committee. <Amended by Act No. 9594, Apr. 1, 2009>
(4) Matters that have been deliberated by a specialized committee for conciliation of building disputes or a special subcommittee for each area under paragraph (3) shall be deemed to have been deliberated upon by the building committee. <Amended by Act No. 9594, Apr. 1, 2009>
(5) The organization and operation of each building committee under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or municipal ordinance of the competent local government (referring to municipal ordinance of the Special Metropolitan City or the competent Metropolitan City, in cases where the building committee is established by the head of an autonomous Gu; hereinafter the same shall apply), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 5 (Relaxed Application)   print
(1) A project owner, an architect, a contractor, or a project supervisor (hereinafter referred to as "party to a building project") may, while carrying out his/her works, request the Special Metropolitan City Mayor, the competent Metropolitan City Mayor, the Special Self-Governing Province Governor, or the competent head of Si/Gun/Gu (hereinafter referred to as "permitting authority") to relax the criteria under this Act in applying the criteria to a site or building prescribed by Presidential Decree, if the party to a building project considers it highly unreasonable to apply this Act to such site or building.
(2) The competent permitting authority shall, upon receiving a request under paragraph (1), determine whether to allow such relaxation and to what extent such relaxation shall be allowed, subject to deliberation by the building committee under Article 4 (hereinafter referred to as "building committee"), and shall notify the applicant of his/her determination.
(3) The procedures for filing requests and making determinations under paragraphs (1) and (2), and other necessary matters, shall be prescribed by municipal ordinance of the competent local government.
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 Article 6 (Special Exception to Existing Buildings, etc.)   print
In cases where a site or a building offends any provision of this Act as a consequence of the enactment of, or amendment to an Act and subordinate statute or due to any of the reasons prescribed by Presidential Decree, the competent permitting authority may grant a permit for relevant building works as prescribed by municipal ordinance of the competent local government within the extent prescribed by Presidential Decree.
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 Article 7 (Municipal Ordinances of Do for Maintenance of Uniformity)   print
Each Do government may, if deemed necessary for maintaining uniformity in municipal ordinances of Sis/Guns within its jurisdiction, enact a uniform municipal ordinance to prescribe the matters to be prescribed otherwise by municipal ordinance of each Si/Gun respectively pursuant to Articles 5 (3), 6, 17 (2), 20 (1), 27 (3), 42, 57 (1), 58, 60 (3), and 61.
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 Article 8 (Special Exception in Preparation of Remodelling)   print
If an application for building permit is filed for multi-unit houses with a structure prescribed by Presidential Decree, the standards under Articles 56, 60, and 61 may be relaxed to a rate prescribed by Presidential Decree within the extent of 120/100, to apply the standards to such application, in order to encourage the construction of multi-unit houses with an easy-to-remodel structure.
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 Article 9 (Exclusion of Other Acts and Subordinate Statutes)   print
(1) Article 244 (1) of the Civil Act shall not apply to cases where the excavation of basement levels is required for construction, etc. of a building: Provided, That measures necessary for safety shall be taken to prevent hazards.
(2) Article 38 of the Sewerage Act shall not apply to the planning and design works of a private sewage treatment facility appurtenant to a building.
CHAPTER II CONSTRUCTION OF BUILDINGS
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 Article 10 (Prior Determination on Location and Size of Buildings)   print
(1) Any person who intends to erect a building that requires a building permit under Article 111 may file an application to request the competent permitting authority to make a prior determination on whether this Act and other relevant Acts and subordinate statutes allow the applicant to erect such building on the specific site before he/she files an application for the building permit.
(2) Any person who files an application for prior determination under paragraph (1) (hereinafter referred to as "applicant for prior determination") may also file applications for deliberation by the competent building committee and examination of the traffic impact assesment and improvement measures under the Urban Traffic Improvement Promotion Act simultaneously. <Amended by Act No. 9071, Mar. 28, 2008>
(3) In cases where the area of the building site for which an application for prior determination has been filed in accordance with paragraph (1) is subject to the small-scale prior assessment of environmental impacts under Article 43 of the Environmental Impact Assessment Act, the competent permitting authority shall consult with the Minister of Environment or the head of the competent local environment office on the small-scale assessment of environmental impacts. <Amended by Act No. 10892, Jul. 21, 2011>
(4) The competent permitting authority shall, upon receiving applications under paragraphs (1) and (2), make a prior determination on the location, size, and use of the building and notify the applicant of the results thereof.
(5) Necessary matters concerning the procedure for application under paragraphs (1) and (2), documents required for such application, and notice thereof shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(6) The receipt of a notice of prior determination issued pursuant to paragraph (4) shall be deemed to have been granted permission or have received a report, or have held a consultation under any of the following subparagraphs: <Amended by Act No. 10331, May 31, 2010>
1. Permission for development activities under Article 56 of the National Land Planning and Utilization Act;
2. Permission for or reporting on the diversion of a mountainous district under Articles 14 and 15 of the Management of Mountainous Districts Act, or permission for or reporting on the temporary use of a mountainous district under Article 15-2 of the same Act: Provided, That if the mountainous district is subject to conservation, the same shall apply only to one within an urban area;
3. Permission for, or reporting or consultation on, the conversion of farmland under Articles 34, 35 and 43 of the Farmland Act;
4. Permission for occupation and use of a river under Article 33 of the River Act.
(7) The competent permitting authority shall, whenever he/she makes a prior determination that involves the disposition under any subparagraph of paragraph (6), first consult with the head of the relevant administrative agency, and the head of the administrative agency shall, upon receiving such request for consultation, present his/her opinion within 15 days from the date on which such request is received.
(8) An applicant for prior determination shall file an application for a building permit under Article 11 within two years from the date on which a notice of prior determination under paragraph (4) is issued, and the prior determination shall become ineffective if he/she fails to file an application for the building permit within the applicable period.
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 Article 11 (Building Permits)   print
(1) Any person who intends to erect a building or commence substantial repair of a building shall obtain a permit from a Special Self-Governing Province Governor or the head of a Si/Gun/Gu: Provided, That a person who intends to erect a building for a use and in a size prescribed by Presidential Decree, including a building with 21 or more floors, within the Special Metropolitan City or a Metropolitan City, shall obtain a permit from the Special Metropolitan City Mayor or the competent Metropolitan City Mayor.
(2) The head of each Si/Gun shall, whenever he/she intends to grant a permit for construction of any of the following buildings in accordance with paragraph (1), submit a building plan along with basic architectural plans and drawings indicating the use, size, and shape of the building, as specified by Ordinance of the Ministry of Land, Infrastructure and Transport, to the competent Do Governor for approval: <Amended by Act No. 11690, Mar. 23, 2013>
1. A building under the proviso to paragraph (1);
2. A building for a use prescribed by Presidential Decree, such as a building that is intended to be erected as part of amusement facilities or lodging facilities within a specific area designated and publicly announced by a Do Governor for conservation of natural environment or water quality and that is to have three or more floors or a total floor area of 1,000 or more square meters;
3. A building that is planned to be erected for the intended use of amusement or lodging facilities within an area designated and publicly announced by the competent Do Governor, as deemed necessary for the protection of environment of nearby communities, such as residential or educational environment.
(3) Any person who desires to obtain a permit under paragraph (1) shall file an application for such permit with the competent permitting authority along with the architectural plans and drawings, as specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(4) In any of the following cases, a permitting authority may deny the building permit notwithstanding this Act or any other Act: <Amended by Act No. 11182, Jan. 17, 2012; Act No. 11495, Oct. 22, 2012>
1. In cases where building permission for a building for amusement facilities or lodging facilities is deemed inappropriate taking into account that the use, size, or shape of the building is not suited for the environment of nearby communities, such as residential or educational environment;
2. Where it is deemed inappropriate to use part of space, such as basement level, of a building to be erected in an area prone to floods or likely to be flooded, including disaster-prevention districts under Article 37 (1) 5 of the National Land Planning and Utilization Act and areas requiring improvement against natural disaster under Article 12 (1) of the Countermeasures against Natural Disasters Act, for residential purpose or to set up a living room.
(5) A building permit granted pursuant to paragraph (1) shall be deemed permission granted or reporting completed under any of the following subparagraphs, while a building permit granted for a factory building shall be deemed authorization or permission under the relevant Act pursuant to Articles 13-2 and 14 of the Industrial Cluster Development and Factory Establishment Act: <Amended by Act No. 9770, Jun. 9, 2009; Act No. 10331, May 31, 2010; Act No. 10755, May 30, 2011>
1. Reporting on the construction of a temporary building for construction works under Article 20 (2);
2. Reporting on the construction of a structure under Article 83;
3. Permission for development activities under Article 56 of the National Land Planning and Utilization Act;
4. Designation of project executors under Article 86 (5) of the National Land Planning and Utilization Act and authorization for implementation plans under Article 88 (2) of the said Act;
5. Permission for and reporting on the diversion of mountainous districts under Articles 14 and 15 of the Management of Mountainous Districts Act, or permission for or reporting on the temporary use of a mountainous district under Article 15-2 of the same Act: Provided, That if a mountainous district is subject to conservation, the same shall apply only to one within an urban area;
6. Permission for the opening of private roads under Article 4 of the Private Road Act;
7. Permission for, or reporting or consultation on, the conversion of farmland under Article 34, 35, or 43 of the Farmland Act;
8. Permission for the occupation and use of roads under Article 38 of the Road Act;
9. Permission for the execution of construction works, and permission for construction and linking of roads by a non-managing authority under Articles 34 and 64 (2) of the Road Act;
10. Permission for the occupation and use of rivers under Article 33 of the River Act;
11. Reporting on the installation of drainage systems under Article 27 of the Sewerage Act;
12. Reporting on the installation of private sewage treatment facilities under Article 34 (2) of the Sewerage Act;
13. Application for water supply under municipal ordinance enacted by the competent local government pursuant to Article 38 of the Water Supply and Waterworks Installation Act, in cases where the water supplier is the local government, itself;
14. Authorization for, or reporting on a construction plan of a private power generation facility under Article 62 of the Electric Utility Act;
15. Permission for, or reporting on the installation of facilities for discharging water pollutants under Article 33 of the Water Quality and Aquatic Ecosystem Conservation Act;
16. Permission for, or reporting on the installation of facilities for emitting air pollutants under Article 23 of the Clean Air Conservation Act;
17. Permission for, or reporting on the installation of facilities producing noise or vibrations under Article 8 of the Noise and Vibration Control Act;
18. Permission for, or reporting on the installation of waste-generating facilities under Article 11 of the Act on the Management and Use of Livestock Excreta;
19. Permission of acts under Article 23 of the Natural Parks Act;
20. Permission for occupying and using urban parks under Article 24 of the Act on Urban Parks, Greenbelts, etc.;
21. Reporting on specific facilities subject to control of soil contamination under Article 12 of the Soil Environment Conservation Act.
(6) If any other administrative agency has power over any matter falling under any subparagraph of paragraph (5), the competent permitting authority shall first consult thereon with the head of such administrative agency, and the head of such administrative agency shall, upon receiving a request for consultation, present his/her opinion within 15 days from the date on which such request is received. In such cases, the head of the administrative agency concerned shall not refuse to respond to the request for consultation on any ground, other than those in the guidelines for processing under paragraph (8).
(7) The competent permitting authority shall revoke a permit granted to a person pursuant to paragraph (1), if the person falls under any of the following subparagraphs: Provided, That the permitting authority may extend the deadline for commencement of the project by up to one year, if the case in question falls under subparagraph 1 and the permitting authority finds that a justifiable ground exists to do so:
1. If the person fails to commence the project within one year from the date on which the permit was granted;
2. If the person commenced the project within one year from the date on which the permit has been granted, but the project is found to be impossible to complete.
(8) The head of the competent central administrative agency responsible for the control of matters falling under any subparagraph of paragraph (5) and the enforcement of the relevant Act and subordinate statute under Article 12 (1) shall notify the Minister of Land, Infrastructure and Transport of the guidelines for processing. The same shall also apply to any amendment to the guidelines for processing. <Amended by Act No. 11690, Mar. 23, 2013>
(9) The Minister of Land, Infrastructure and Transport shall, upon receiving notice of the guidelines for processing under paragraph (8), combine them to issue public notice. <Amended by Act No. 11690, Mar. 23, 2013>
(10) Where a person who has undergone the deliberation of a building committee prescribed in Article 4 (1) fails to file an application for a building permit within two years from the date on which the result of the deliberation is received, such deliberation of the building committee shall lose its effect. <Newly Inserted by Act No. 10755, May 30, 2011>
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 Article 12 (Council for Processing Complex Civil Petitions en bloc)   print
(1) The competent permitting authority shall, whenever he/she is requested to grant a permit pursuant to Article 11, examine whether the project for erecting a building with the intended use, size, or form on the planned site does not violate any provision of Articles 54, 56 through 62, and 76 through 82 of the National Land Planning and Utilization Act and other relevant Acts and subordinate statutes prescribed by Presidential Decree, and shall hold a meeting of the council for processing complex civil petitions en bloc, as prescribed by Presidential Decree, to process the matters under subparagraphs of Article 10 (6) and (7) or subparagraphs of Article 11 (5) and (6).
(2) The head of the competent administrative agency responsible for examination under paragraph (1) and the heads of administrative agencies concerned under Articles 10 (7) and 11 (6) shall have public officials under their control attend meetings of the council for processing complex civil petitions en bloc under paragraph (1).
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 Article 13 (Deposit for Safety Control of Construction Site)   print
(1) Any person who holds a building permit under Article 11 shall, when he/she suspends construction works for the building and abandons the project site for a lengthy period, take necessary measures, including the improvement of the view and safety control of the site.
(2) As regards a building specified by municipal ordinance of the competent local government, with a total floor area of 5,000 square meters or more, (excluding a building sold by units under a guarantee of the Korea Housing Guarantee Co., Ltd. under Article 77 (1) 1 of the Housing Act or a building erected under a guarantee for sale by units or a trust contract under Article 4 (1) 1 of the Act on Sale of Building Units), the permitting authority may require the project owner who files a report on commencement of a project in accordance with Article 21 (excluding the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act or a local public corporation established pursuant to the Local Public Enterprises Act for carrying out construction projects) to deposit, in advance, the expenses required for the improvement of the view and safety control of the site in preparation for hazards caused by abandoning the project site for a lengthy period within the limit of one percent of the project costs (including a letter of guarantee prescribed by Presidential Decree; hereinafter referred to as "deposit money"). <Amended by Act No. 11599, Dec. 18, 2012>
(3) The competent permitting authority shall, when he/she refunds the deposit money, pay the interest calculated at the interest rate fixed by Presidential Decree, in addition to the refunded deposit money: Provided, That the same shall not apply in cases where a letter of guarantee is submitted as a substitute for such deposit money.
(4) Necessary matters concerning the method of calculation and deposit of the deposit money under paragraph (2) and the refunding thereof shall be prescribed by municipal ordinance of each local government.
(5) The competent permitting authority may, if he/she finds that an abandoned project site degrades the urban view and causes hazards to safety, issue an order to the person to whom the building permit was granted to take measures to improve the view and safety control of the project site.
(6) If the person to whom an order for improvement was issued pursuant to paragraph (5) does not take measures for such improvement, the competent permitting authority may take such measures on behalf of the person pursuant to the Administrative Vicarious Execution Act. In such cases, the deposit money paid by the project owner in accordance with paragraph (2) may be appropriated for the expenses incurred for the vicarious administrative execution, and the difference may, if the expenses incurred for such vicarious administrative execution exceed the amount of the deposit money already paid, be charged and collected additionally pursuant to Article 6 of the Administrative Vicarious Execution Act.
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 Article 14 (Building Report)   print
(1) A report filed, in advance, with the Governor of a Special Self-Governing Province or the head of Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, on a project for a building that falls under any of the following subparagraphs may be deemed to be a building permit granted, even in cases where the building is subject to a permit under Article 11: <Amended by Act No. 9437, Feb. 6, 2009; Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013>
1. Extending, altering, or reconstructing the floor area of a building by an area of 85 square meters or less;
2. Erecting a building with a total floor area of less than 200 square meters and less than three floors in a controlled area, an agricultural and forest area, or a natural environment conservation area as defined in the National Land Planning and Utilization Act: Provided, That the erection of a building in a district unit planning zone designated under Article 51 (3) of the National Land Planning and Utilization Act shall be excluded herefrom;
3. Substantially repairing a building with a total floor area of less than 200 square meters and less than three floors;
4. Substantially repairing a building prescribed by Presidential Decree without any demolition of its main structural parts;
5. Erecting any other small building prescribed by Presidential Decree.
(2) Article 11 (5) shall apply mutatis mutandis to reporting on a building project under paragraph (1).
(3) A report under paragraph (1) shall become invalid, if the person who has filed the report fails to commence the construction works within one year from the reporting date.
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 Article 15 (Contracting with Project Owners)   print
(1) Each party to a building project shall perform their works conscientiously in accordance with architectural plans and drawings so that the building can be constructed in conformity with this Act, orders and dispositions under this Act, and other relevant Acts and subordinate statutes, and shall not forcibly demand any other party to commit an illegal or unlawful act or disadvantage any other party in relation to such demand.
(2) Except as provided for in this Act, the terms, conditions, and scope of liability of each party to a building project shall be stipulated by agreements made by and between the project owner and the architect, the project owner and the contractor, and the project owner and the project supervisor.
(3) The Minister of Land, Infrastructure and Transport may prepare and distribute standard contract forms necessary for formation of contracts under paragraph (2) so that they can be widely used, or may commission the Registered Architects Association under Article 31 of the Architects Act (hereinafter referred to as the "Registered Architects Association"), the Construction Association, the Specialty Contractors Association, or an association of contractors specialized in performing specific works as defined in Article 50 of the Framework Act on the Construction Industry to prepare and distribute such forms. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 16 (Revision to Permits and Reports)   print
(1) A project owner who intends to revise any matter in a permit granted or a report filed pursuant to Article 11 or 14 shall obtain permission on the revision from the competent permitting authority or file a report on the revision with the Special Self-governing Province Governor or the head of Si/Gun/Gu, as prescribed by Presidential Decree, prior to making such revision: Provided, That the same shall not apply to a modification to insignificant matters prescribed by Presidential Decree.
(2) A report on the revision to matters prescribed by Presidential Decree among the matters subject to the permission or reporting under the main sentence of paragraph (1) may be filed with the competent permitting authority together with an application for approval on the use under Article 22 at the time such application is filed.
(3) With respect to the permission for revision or the report on revision of the permitted or reported matters under paragraph (1), Article 11 (5) and (6) shall apply mutatis mutandis. <Newly Inserted by Act No. 10755, May 30, 2011>
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 Article 17 (Fees for Building Permits, etc.)   print
(1) Any person who files an application for a permit or files a report in accordance with Article 11, 14, 16, 19, 20, or 83 shall pay fees to the competent permitting authority or the authority receiving the report.
(2) The fees under paragraph (1) shall be prescribed by municipal ordinance of each local government within the limit set by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 18 (Restrictions on Building Permits)   print
(1) The Minister of Land, Infrastructure and Transport may, if he/she deems it particularly necessary for the management of national land or at the request of the Minister responsible for a specific affair who deems it particularly necessary for national defence, preservation of cultural heritages, conservation of environment, or national economy, place a restriction on a building permit granted by a permitting authority or on the commencement of a permitted building project. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The competent Mayor/Do Governor may, if deemed necessary particularly for a community plan or urban/Gun plan, place a restriction on a building permit granted by the head of a Si/Gun/Gu or on the commencement of a permitted building project. <Amended by Act No. 10599, Apr. 14, 2011>
(3) Where a restriction is placed on a building permit or the commencement of a building project pursuant to paragraph (1) or (2), the effective period of such restriction shall be two or fewer years: Provided, That the effective period of such restriction may be extended only once by up to one year.
(4) The Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor shall, when he/she intends to place a restriction on a building permit or the commencement of a building project pursuant to paragraph (1) or (2), determine the purpose and period of the restriction, the use of the building subject to the restriction or, the location, area, and boundaries of the area subject to the restriction in detail and notify the competent permitting authority of his/her determination, and the permitting authority so notified shall, in return, issue public notice thereof forthwith. <Amended by Act No. 11690, Mar. 23, 2013>
(5) The Mayor/Do Governor shall, when he/she places a restriction on a building permit granted by the head of the competent Si/Gun/Gu or on the commencement of a building project pursuant to paragraph (2), promptly report it to the Minister of Land, Infrastructure and Transport, and the Minister of Land, Infrastructure and Transport may, upon receiving the report, issue an order to cancel the restriction, if he/she finds that the restriction is excessive. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 19 (Changes of Use)   print
(1) Any change of the use of a building shall be made in conformity with the guidelines of the building for which the changed use is to be made.
(2) Any person who intends to change the use of a building for which approval for use has been granted pursuant to Article 22 shall obtain permission therefor from the Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu or file a report thereon with the Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, according to the following classification: <Amended by Act No. 11690, Mar. 23, 2013>
1. The permission is required: For the building when the use of the building that falls within any group of facilities under any subparagraph of paragraph (4) is changed to a use of any group higher than the group (referring to a group that has any smaller item number of paragraph (4) than the item number of the group of facilities within which the building for the changed use falls);
2. The report is subject matter of report: For a building when the use of which falls within any group of facilities under subparagraphs of paragraph (4) is changed to the use of any group lower than the group (referring to a group that has any larger number of paragraph (4) than the item number of the group of facilities within which the building for the changed use falls).
(3) A person who intends to change the use of a building within an identical group of facilities under paragraph (4) shall file an application for the change of use in the building register with the Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the same shall not apply to changes prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The groups of facilities shall be classified as follows, and the detailed uses of buildings shall be prescribed by Presidential Decree:
1. Group of facilities relating to motor vehicles;
2. Group of facilities for industrial purposes;
3. Group of facilities for electricity and telecommunications;
4. Group of facilities for cultural activities and assembly;
5. Group of facilities for commerce;
6. Group of facilities for education and welfare;
7. Group of neighborhood living facilities;
8. Group of facilities for residential and business purposes;
9. Miscellaneous groups of facilities.
(5) Article 22 shall apply mutatis mutandis to approval for use of a building subject to permission or reporting under paragraph (2), in cases where the total floor area of the part for the intended change of use is 100 or more square meters.
(6) Article 23 shall apply mutatis mutandis to the planning and designing for the change of use of a building subject to permission under paragraph (2), in cases where the total floor area of part for the intended change of use is 500 or more square meters (excluding cases prescribed by Presidential Decree).
(7) As to the change of use of a building under paragraph (1) or (2), Articles 3, 5, 6, 7, 11 (2) through (9), 12, 14 through 16, 18, 20, 27, 29, 35, 38, 42 through 44, 48 through 56, 58, 60 through 64, 64-2, 66 through 68, and 78 through 87 hereof and Article 54 of the National Land Planning and Utilization Act shall apply mutatis mutandis. <Amended by Act No. 10755, May 30, 2011>
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 Article 20 (Temporary Buildings)   print
(1) Any temporary building erected in an urban planning facility or a site for a planned urban planning facility shall meet the requirements under Article 64 of the National Land Planning and Utilization Act, shall not be higher than three floors, and shall obtain permission therefor from the Special Self-Governing Province Governor or the head of the competent Si/Gun/ Gu, as prescribed by municipal ordinance of the competent local government, within the limit of the guidelines prescribed by Presidential Decree. <Amended by Act No. 10599, Apr. 14, 2011>
(2) A person who intends to erect any temporary building, other than a temporary building under paragraph (1), for disaster recovery, performances, exhibition, construction works, or any other purpose of use prescribed by Presidential Decree, shall submit a report thereon to the Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu in compliance with the guidelines and procedure for the duration of its existence and installation prescribed by Presidential Decree.
(3) In cases where a temporary building under paragraph (1) or (2) is erected or built, Articles 25, 38 through 42, 44 through 64, and 66 through 68 hereof and part of Article 76 of the National Land Planning and Utilization Act shall not apply, as prescribed by Presidential Decree.
(4) The Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu shall, when he/she grants permission for erection of a temporary building or receives a report on erection of a temporary building pursuant to paragraph (1) or (2), record and keep the details of permission or reporting in the register of temporary buildings, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 21 (Reporting on Commencement of Construction Works)   print
(1) A project owner who intends to commence a building project with a permit granted or a report filed in accordance with Article 11, 14, or 20 (1) shall report the project plan to the competent permitting authority, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the same shall not apply in cases where a report submitted in accordance with Article 36 for demolition of a building contains the scheduled commencement date of works. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A report on a project plan or a revision thereto filed in accordance with paragraph (1) shall be signed jointly by the project supervisor (applicable only where a project supervisor has been appointed in accordance with Article 25 (1)) and the contractor.
(3) No project owner may carry out or have anyone carry out the building project in violation of Article 41 of the Framework Act on the Construction Industry.
(4) A project owner who obtained a building permit pursuant to Article 11 shall submit a copy of each contract under Article 15 (2) when he/she files a report under paragraph (1).
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 Article 22 (Approval for Use of Building)   print
(1) A project owner who desires to use a building after completion of the building project permitted or reported in accordance with Article 11, 14, or 20 (1) (including cases where construction works for each unit of buildings are completed in cases where two or more units of buildings are erected on a site) shall file an application for approval of the use thereof with the competent permitting authority, along with a report on completion of supervision prepared by the project supervisor in accordance with Article 25 (5) (applicable only where a project supervisor has been appointed in accordance with paragraph (1) of the said Article) and the architectural plans and drawings for the completed project, as specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The competent permitting authority shall, upon receiving an application for approval of the use of a building under paragraph (1), conduct an inspection on the following matters within the period set by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall issue a letter of approval for the use of the building, if the building successfully passes the inspection: Provided, That a letter of approval of the use may be issued for the buildings specified by municipal ordinance of the competent local government without necessarily conducting an inspection for the approval of the use: <Amended by Act No. 11690, Mar. 23, 2013>
1. Whether the building for which an application for approval of use is filed has been built in compliance with the architectural plans and drawings under which the permit was granted or the report was filed in accordance with this Act;
2. Whether the documents, plans, and drawings, including a report on completion of supervision and plans and drawings for the completed project, have been properly prepared.
(3) No project owner may use or allow any other person to use a building, unless and until he/she obtains approval for use thereof in accordance with paragraph (2): Provided, That the same shall not apply to any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where the competent permitting authority has not issued a letter of approval within the period under paragraph (2);
2. Where the part of construction works which has been completed before a letter of approval for use was issued conforms to the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for the building-to-land ratio, the floor area ratio, equipment, emergency escape, and fire prevention, and so approval for temporary use has been granted for a fixed period, as prescribed by Presidential Decree.
(4) Approval for use granted to a project owner pursuant to paragraph (2) shall be deemed approval for use, a final inspection for completion, and an application for registration obtained or filed in accordance with the following subparagraphs, while such approval for use of a factory building shall be deemed an inspection, etc. under the relevant Acts successfully passed in compliance with Article 14-2 of the Industrial Cluster Development and Factory Establishment Act: <Amended by Act No. 9384, Jan. 30, 2009; Act No. 9774, Jun. 9, 2009; Act No. 10599, Apr. 14, 2011, Act No. 10755, May 30, 2011>
1. Final inspection of a drainage system under Article 27 of the Sewerage Act and the final inspection of a private sewage treatment facility under Article 37 of the said Act;
2. Application for registration of changes in descriptions of the cadastral register under Article 64 of the Act on Land Survey, Waterway Survey and Cadastral Records;
3. Inspection of completion of elevators under Article 13 of the Elevator Facilities Safety Management Act;
4. Inspection of installation of a boiler system under Article 39 of the Energy Use Rationalization Act;
5. Pre-inspection of the use of electric equipment under Article 63 of the Electric Utility Act;
6. Pre-inspection of the use of information and communication works under Article 36 of the Information and Communications Construction Business Act;
7. Confirmation of completion of construction works that have occupied and used a road under Article 38 (3) of the Road Act;
8. Final inspection of completion of development activities under Article 62 of the National Land Planning and Utilization Act;
9. Final inspection of completion of an urban/Gun planning facility project under Article 98 of the National Land Planning and Utilization Act;
10. Report on commencement of operation of facilities for discharging water pollutants under Article 37 of the Water Quality and Aquatic Ecosystem Conservation Act;
11. Report on commencement of operation of facilities for emitting air pollutants under Article 30 of the Clean Air Conservation Act;
12. Deleted. <by Act No. 9770, Jun. 9, 2009>
(5) If approval for use under paragraph (2) involves the matters under any subparagraph of paragraph (4), the competent permitting authority shall first consult with the head of the administrative agency concerned.
(6) The Special Metropolitan City Mayor or a Metropolitan City Mayor shall, whenever he/she grants approval for use under paragraph (2), notify the head of the competent Gun/Gu of the approval forthwith so that the details of the approval can be recorded in the building register. In such cases, the building register shall contain information on the architect, the contractors of main works prescribed by Presidential Decree, and the project supervisor.
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 Article 23 (Planning of Buildings)   print
(1) No one, other than architects, may engage in planning and designing for a project for construction of a building, if the building is subject to a building permit under Article 11 (1) or to the reporting under Article 14 (1), or if the age of the building is twenty years or older since the date on which approval for use under Article 22 was granted and is about to be remodelled in accordance with Article 42 (2) or (3) of the Housing Act: Provided, That the same shall not apply to any of the following cases:
1. Where a building is to be extended, altered or reconstructed by less than 85 square meters of its total floor area;
2. Where a building with a total floor area of less than 200 square meters and with less than three floors is to be substantially repaired;
3. Where a project is for construction of any of the buildings prescribed by Presidential Decree, considering special purposes and use of the buildings.
(2) Each architect shall ensure that the building for which he/she carries out planning and designing works shall conform to the requirements under this Act, orders and dispositions under this Act, and other relevant Acts and subordinate statutes and shall have no problem in its safety, functions, and aesthetic appearance, and shall follow the guidelines for preparation of architectural plans and drawings as specified and publicly notified by the Minister of Land, Infrastructure and Transport in preparing such plans and drawings: Provided, That the same shall not apply to cases in which an extraordinary construction method is applied to the building and which has successfully passed the deliberation by the building committee, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Each architect who has prepared architectural plans and drawings under paragraph (2) shall ensure that such plans and drawings conform to the requirements under this Act, orders and dispositions under this Act, and other relevant Acts and subordinate statutes, and shall place his/her signature and seal on such plans and drawings.
(4) Paragraph (1) shall not apply to a building, if the building project is carried out in compliance with the standard plans and drawings prepared or recognized by the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, or plans and drawings to which an extraordinary construction method has been applied. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 24 (Performance of Building Projects)   print
(1) Each contractor shall carry out construction works conscientiously in compliance with the terms and conditions of the contract under Article 15 (2), and shall transfer possession of the building to the project owner upon completion of the building project in compliance with this Act, orders and dispositions under this Act, and other relevant Acts and subordinate statutes.
(2) Each contractor shall keep relevant plans and drawings at the site of a building project (applicable only to buildings subject to the building permit or permission for change of use).
(3) Any contractor may, if he/she finds that architectural plans and drawings do not conform to the requirements under this Act, an order or a disposition under this Act, or any other relevant Act and subordinate statute, or he/she considers them unreasonable in light of the conditions of the project, request the architect, in writing, to revise such plans and drawings, subject to the prior consent of the project owner and the project supervisor. In such cases, the architect shall comply with the request, if no justifiable grounds exist otherwise.
(4) Each contractor shall, if he/she deems it necessary for carrying out a project or if he/she is requested by the project supervisor to prepare detailed shop drawings in accordance with Article 25 (4), prepare such shop drawings for confirmation of the project supervisor, and shall follow the shop drawings in carrying out the project.
(5) Each contractor shall, when commencing a building project subject to the building permit or the permission for change of use, install a sign displaying the permit or permission at the project site, as prescribed by Ordinance of the Ministry of the Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 25 (Supervision of Building Projects)   print
(1) A project owner who erects a building for the use and of the size and structure prescribed by Presidential Decree shall designate an architect or any person prescribed by Presidential Decree as a project supervisor, who shall be responsible for supervision of the project. In such cases, the contractor him/herself or an affiliate as defined in Article 2 of the Monopoly Regulation and Fair Trade Act shall not be designated as the project supervisor, in designating an architect for the supervision of the construction works.
(2) Each project supervisor shall, if he/she finds, while supervising the project, that there has been a violation of this Act, an order or a disposition under this Act, or any other relevant Act and subordinate statute or that the contractor fails to follow the architectural plans and drawings in executing the project, notify the project owner of his/her finding and request the contractor to take corrective measures or execute reconstruction, and may, if the contractor fails to comply with the request for corrective measures or reconstruction works, request the contractor, in writing, to suspend the project. In such cases, the contractor shall, upon receiving such request, suspend the project immediately, unless any justifiable ground exists otherwise.
(3) A project supervisor shall, if the contractor fails to comply with a request made in accordance with paragraph (2) for corrective measures or reconstruction or continues construction works after receiving a request for suspension of the project, report thereon to the competent permitting authority, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(4) A project supervisor responsible for supervision of a project for the use or of the size prescribed by Presidential Decree may, if deemed necessary, request the contractor to prepare detailed shop drawings.
(5) Each project supervisor shall keep and maintain daily records of supervision, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall submit to the project owner an interim supervision report, when the progress of the project has reached the stage prescribed by Presidential Decree, and a report on completion of supervision, when the project is completed, respectively as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The project owner shall submit the interim report on supervision and the report on completion of supervision to the competent permitting authority together, when he/she files an application for approval of use of the building in accordance with Article 22. <Amended by Act No. 11690, Mar. 23, 2013>
(6) Neither a project owner nor a contractor may cancel the designation of a project supervisor, refuse to pay him/her remuneration, delay such payment, or disadvantage the project supervisor otherwise on the ground that the project supervisor has made a request for corrective measures for a violation or reconstruction in accordance with paragraph (2) or (3) or has submitted a report on such violation to the competent permitting authority.
(7) The methods and scope of supervision of projects under paragraph (1) shall be prescribed by Presidential Decree, considering the use, size, and other factors of buildings. However the Minister of Land, Infrastructure and Transport may, if necessary, prescribe detailed guidelines or commission the Registered Architects Association to prepare such guidelines subject to the approval of the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(8) The Minister of Land, Infrastructure and Transport shall, whenever he/she prescribes or approves detailed guidelines pursuant to paragraph (7), issue public notice thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(9) Notwithstanding the provisions of paragraphs (1) through (8), the supervision of the building projects subject to approval of the project plan under Article 16 of the Housing Act and the building projects subject to obligatory supervision under Article 27 of the Construction Technology Management Act shall be governed by the relevant Act and subordinate statute, respectively.
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 Article 26 (Allowable Tolerances)   print
In applying this Act, an inevitable error in the course of survey of a building site (excluding the cadastral land survey under the Act on Land Survey, Waterway Survey and Cadastral Records) or construction of a building shall be allowed within the extent prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 9774, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>
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 Article 27 (Agents for On-Site Surveys, Inspections and Confirmations)   print
(1) The competent permitting authority may designate a person who has filed a report on his/her architectural business to act as its agent for any on-site surveys, inspections, or confirmations under this Act (excluding those for a building subject to reporting), as prescribed by Presidential Decree.
(2) A person who performs the affairs under paragraph (1) as an agent shall report the results of the on-site survey, inspection, or confirmation in writing to the competent permitting authority, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The competent permitting authority that has designated a person as its agent for the affairs under paragraph (1) shall pay the fee prescribed by municipal ordinance of the competent local government within the limit set by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 28 (Preventative Measures against Hazards on Project Sites)   print
(1) Each contractor of a building project shall take measures necessary for preventing hazards on project sites, as prescribed by Presidential Decree.
(2) The competent permitting authority shall take measures as may be necessary for counselling on disputes arising between parties to a building project in connection with construction works of the project.
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 Article 29 (Special Exception to Buildings for Public Use)   print
(1) The State or a local government shall, when it intends to erect a building, carry out substantial repair works, alter building for another use, erect a temporary building or structure under Article 11, 14, 19, 20 or 83 first consult with the permitting authority having jurisdiction over the location of the building, as prescribed by Presidential Decree. <Amended by Act No. 10755, May 30, 2011>
(2) An agreement that the State or a local government made with the permitting authority having jurisdiction of the location of a building through consultation under paragraph (1) shall be deemed a building permit granted or reporting filed under Article 11 or 14. <Amended by Act No. 10755, May 30, 2011>
(3) The provisions of Article 22 (1) through (3) shall not apply to the buildings on which the consultation under paragraph (1) has been completed: Provided, That the completion of the project shall be notified to the competent permitting authority forthwith, upon completion.
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 Article 30 (Statistics on Building Projects)   print
(1) Each permitting authority shall submit a report on the following matters (hereinafter referred to as "statistics on building projects") to the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>
1. Current status of building permits granted pursuant to Article 11;
2. Current status of building projects reported in accordance with Article 14;
3. Current status of permits for and reports on change of use under Article 19;
4. Current status of reports on commencement of project under Article 21;
5. Current status of approval for use granted pursuant to Article 22;
6. Other matters prescribed by Presidential Decree.
(2) Necessary matters concerning the preparation of statistics on building projects shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 31 (Computerization of Administration of Building Projects)   print
(1) The Minister of Land, Infrastructure and Transport may establish and implement a comprehensive plan for computerizing works related to administration of building projects under this Act. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Each permitting authority may require persons to file applications, reports, accompanying documents, notices, and information under Articles 10, 11, 14, 16, 19 through 22, 25, 29, 30, 35, 36, 38, 83, and 92 in the form of a diskette or a disc or via an information network.
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 Article 32 (Computerization of Building Permit Process)   print
(1) Each permitting authority may process the affairs provided for in this Act by an electronic information processing system, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in order to carry out the affairs relating to building permits in an efficient manner. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Any person who desires to have access to the data processed by the electronic information processing system under paragraph (1) (hereinafter referred to as "computerized data") shall obtain approval from the Minister of Land, Infrastructure and Transport, the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu according to the following classifications, subject to the examination by the head of the relevant central administrative agency, as prescribed by Presidential Decree: Provided, That such examination by the relevant central administrative agency is not required in cases where the head of a local government files an application for such approval: <Amended by Act No. 11690, Mar. 23, 2013>
1. For computerized data for the whole country: The Minister of Land, Infrastructure and Transport;
2. For computerized data for a specific City/Do or Special Self-Governing Province: The competent Mayor/Do Governor;
3. For computerized data for a specific Si/Gun/Gu (referring to an autonomous Gu): The head of the competent Si/Gun/Gu.
(3) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may, upon receiving an application for approval under paragraph (2), approve such application only in cases where it is judged that it will not have any impact on the efficiency of the building permit process and does not violate the guidelines for the protection of personal information of project owners and other parties prescribed by Presidential Decree. In such cases, approval may be granted with some restrictions on the purpose of use. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Any person who desires to have access to computerized data with approval under paragraph (2) shall pay the applicable service fee.
(5) Matters concerning the operation of the electronic information processing system under paragraphs (1) through (4) and necessary matters concerning the extent of accessible computerized data, the criteria for examination, the procedure for approval, and service fees shall be prescribed by Presidential Decree.
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 Article 33 (Guidance and Oversight of Users of Computerized Data)   print
(1) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may, if considered necessary in relation to the maintenance or management of computerized data, provide guidance to, and oversee, users of the computerized data under Article 32. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Necessary matters concerning users subject to the guidance and oversight under paragraph (1) and the procedures for such guidance and oversight shall be prescribed by Presidential Decree.
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 Article 34 (Installation of Integrated Civil Service Center for Building Projects)   print
The Special Self-governing Province Governor or the head of each Si/Gun/Gu shall install and operate a civil service center for building projects, which shall comprehensively receive and process building permits, reports on building projects, approval of use, and other civil petitions, as prescribed by Presidential Decree.
CHAPTER III MAINTENANCE AND MANAGEMENT OF BUILDINGS
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 Article 35 (Maintenance and Management of Buildings)   print
(1) Each owner or manager of a building shall maintain and manage the building, site, and equipment for the building in compliance with Articles 40 through 58, 60 through 64, 64-2, 65, 65-2, 66, 66-2, 67 and 68. <Amended by Act No. 10755, May 30, 2011>
(2) For the maintenance and management of a building, the owner or manager thereof shall conduct regular and occasional inspections as prescribed by Presidential Decree, and report on the result thereof to the competent permitting authority. <Newly Inserted by Act No. 11182, Jan. 17, 2012>
(3) Necessary matters concerning the standards and procedures for the maintenance and management of buildings under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended by Act No. 11182, Jan. 17, 2012>
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 Article 36 (Reporting on Demolition of Buildings)   print
(1) An owner or a manager of a building shall, if he/she intends to demolish such building, file a report thereon with the Special Self-governing Province Governor or the head of the competent Si/Gun/Gu before commencing such demolition.
(2) An owner or a manager of a building shall, if the building has been completely destroyed by a disaster, file a report thereon within thirty days after such destruction.
(3) Buildings subject to reporting under paragraphs (1) and (2) and the procedure for such reporting shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 37 (Building Instructors)   print
(1) The Special Self-governing Province Governor or the head of a Si/Gun/Gu may, as prescribed by Presidential Decree, designate building instructors whose duties shall be to prevent buildings from being built in violation of this Act or an order or disposition under this Act, and to provide guidance for proper maintenance and management of buildings.
(2) The qualifications for and the scope of duties of building instructors under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 38 (Building Registers)   print
(1) The Special Self-governing Province Governor or the head of each Si/Gun/Gu shall record and keep the status of each building and its site in building registers if it falls under any of the following subparagraphs, so that such records can be used as basic data for examining the status of ownership, use, maintenance and management of each building and establishing policies on buildings: <Amended by Act No. 11182, Jan. 17, 2012>
1. Where a letter of approval of use is issued pursuant to Article 22 (2);
2. Where a request for recording is filed after completion of any building, other than buildings subject to the building permit under Article 11 (including those subject to reporting under Article 14);
3. Matters concerning the maintenance and management of a building under Article 35;
4. Where prescribed by Presidential Decree.
(2) The form and mandatory descriptions of the building register under paragraph (1), the procedure for recording, and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 39 (Requests for Registration)   print
(1) The Special Self-governing Province Governor or the head of each Si/Gun/Gu may, whenever any change occurs in the descriptions recorded in the building register due to any of the following events (excluding newly registered descriptions in the case of subparagraph 2), request the registration thereof by the competent registry office. In such cases, the registration requested pursuant to subparagraphs 1 and 4 shall be deemed to have been made by the competent local government for itself:
1. When there is a change in a lot number or the name of an administrative district;
2. When there is a change in the area, structure, use, or number of floors recorded as the descriptions of approval of the use of a building for which approval was granted pursuant to Article 22;
3. When a building is demolished in accordance with a report on demolition of the building in accordance with Article 36 (1);
4. When a report on complete destruction is filed in accordance with Article 36 (2) after a building has been completely destroyed.
(2) Necessary matters concerning the procedure for requests for registration under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013]
CHAPTER IV SITES OF BUILDINGS AND ROADS
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 Article 40 (Safety on Building Sites)   print
(1) A building site shall not be lower than the surface level of any road adjacent to it: Provided, That a building site may be lower than the surface level of any road adjacent to it, if there are no difficulties with drainage of water from the site or if there is no need for damp-proofing measures in light of the use of the building.
(2) In cases where a building is to be erected on any land filled with damp soil, soil likely to discharge water, wastes, or any similar soil, necessary measures, such as raising the ground level and improving the foundation, shall be taken.
(3) Each building site shall be equipped with sewage pipes, drains, water storage tanks and similar facilities as may be necessary for the discharge and treatment of rainwater and waste water.
(4) Whenever a building site is developed on land that is likely to collapse, retaining walls shall be installed or any other necessary measure shall be taken as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 41 (Measures for Excavated Areas of Land)   print
(1) A contractor who excavates soil for the development of a building site or erection of a building shall take measures necessary for the prevention of hazards and conservation of environment and other measures for the excavated area as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and install a sign of the excavated area at the project site. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The competent permitting authority may order a person who violates paragraph (1) to take measures necessary for the performance of his/her obligations.
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 Article 42 (Landscaping of Building Sites)   print
(1) A project owner of a building on an area of 200 square meters or larger shall carry out landscaping works or take other necessary measures in accordance with the standards prescribed by municipal ordinance of the competent local government according to the area for the specific use and the size of the building: Provided, That landscaping works or any other measure may be omitted for a building, if the building falls within the buildings prescribed by Presidential Decree as those for which landscaping works are unnecessary, while the standards prescribed by Presidential Decree shall apply to rooftop landscaping, if such standards are prescribed separately.
(2) The Minister of Land, Infrastructure and Transport may prescribe and publicly notify the standards for planting, the types of landscaping facilities and method of installation thereof, the method of rooftop landscaping, and other matters necessary for landscaping. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 43 (Securing Open Space for Public Purposes)   print
(1) An open area or open space for resting facilities in a small area shall be installed in a building in accordance with the standards prescribed by Presidential Decree, if the use and size of the building falls within those prescribed by Presidential Decree, so as to develop pleasant environment for the community falling under any of the following subparagraphs and make it available to the public:
1. General residential zone and quasi-residential zone;
2. Commercial zone;
3. Quasi-industrial zone;
4. An area designated and publicly notified by the Special Self-governing Province Governor or the competent head of Si/Gun/Gu as an area that is highly anticipated to be urbanized.
(2) The regulation under Articles 55, 56, and 60 may be relaxed, as prescribed by Presidential Decree, in cases where those provisions shall apply to an open area or space installed in accordance with paragraph (1).
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 Article 44 (Relationship between Building Site and Road)   print
(1) The site of a building shall adjoin to a road of at least two meters wide (excluding a road exclusively dedicated to motor vehicle traffic): Provided, That the same shall not apply to any of the following cases:
1. Where there is deemed to be no problem in accessibility to the building;
2. Where there is any vacant area around the building as prescribed by Presidential Decree.
(2) The width of a road adjoining to a building site, the length of the part of the road adjoining to a building site, and other necessary matters concerning the relation between a building site and a road shall be prescribed by Presidential Decree.
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 Article 45 (Designation of Road and Cancellation and Alteration Thereof)   print
(1) A permitting authority shall, whenever it intends to designate and publicly notify the location of a road pursuant to Article 2 (1) 11 (b), obtain the consent of interested parties to the road as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That a road may be designated without the consent of interested parties, subject to deliberation by the building committee, if the case falls under any of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013>
1. The permitting authority finds that it is difficult to obtain the consent of interested parties because the interested parties reside abroad or due to any other reason;
2. The road has been actually used by residents as a passage for a long time and is specified as such by municipal ordinance of the competent local government.
(2) A permitting authority shall, whenever it intends to cancel or alter the designation of a road designated pursuant to paragraph (1), obtain the consent of interested parties to the road. The same shall also apply in cases where the owner of the land included in the road or the project owner of a building thereon files an application for the cancellation or alteration of the designation of the road designated pursuant to paragraph (1) with the permitting authority.
(3) A permitting authority shall keep and maintain records of the roads designated or altered pursuant to paragraph (1) or (2) in the road management register as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10755, May 30, 2011; Act No. 11690, Mar. 23, 2013>
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 Article 46 (Designation of Building Lines)   print
(1) The line to which a building is allowed to be erected from the part adjoining to a road (hereinafter referred to as "building line") shall be determined by the border between the building site and the road: Provided, That the building line shall be the line fixed at a certain distance away from the median line of a road by one-half of the horizontal distance of the required width of the road, in cases where the width of the road does not reach the required width under Article 2 (1) 11, and the building line shall be the line fixed at the horizontal distance amounting to the required width from the road boundary line on the side where there is a slope, a river, a railroad, a track site, or any thing similar thereto, in cases where there is such slope, river, railroad, track site, or any thing similar thereto, while the building line at a corner of a road shall be the line prescribed by Presidential Decree.
(2) Notwithstanding paragraph (1), the Special Self-governing Province Governor or the head of each Si/Gun/Gu may, if deemed necessary for the adjustment of location and environment of buildings within an urban area, define the building line separately within the limit prescribed by Presidential Decree.
(3) The Special Self-governing Province Governor or the head of each Si/Gun/Gu shall, when he/she defines the building line separately pursuant to paragraph (2), issue public notice thereof forthwith.
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 Article 47 (Restriction on Building by Building Line)   print
(1) No building nor its walls may protrude over the vertical section of the building line: Provided, That the same shall not apply to the section below ground level.
(2) Every gate, window, or any other similar structure installed at a height of not exceeding 4.5 meters from the surface of a road shall not protrude over the vertical section of the building line when it is open or closed.
CHAPTER V STRUCTURES AND MATERIALS OF BUILDINGS
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 Article 48 (Structural Bearing Strength)   print
(1) Every building shall be made of a structure safe against dead load, live load, snow load, wind pressure, earthquake, and other vibration and impacts.
(2) In cases where a building under Article 11 (1) is newly constructed or substantially repaired, the safety of its structure shall be examined as prescribed by Presidential Decree.
(3) The head of a local government shall, where he/she grants permission, etc. on a building subject to an examination of the safety of its structure under paragraph (2), make sure whether it is equipped with earthquake-resistant performance. <Amended by Act No. 11057, Sep. 16, 2011>
(4) Necessary matters concerning the standards for the structural bearing strength under paragraph (1) and the method of structural calculation shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 49 (Egresses from Buildings and Restrictions on their Use)   print
(1) Each building and its site that meet the criteria prescribed by Presidential Decree for the use and the size of buildings shall have corridors, stairs, gates and other egresses, fire hydrants, water tanks and other fire-fighting facilities, and a passage required for evacuation and fire-fighting within the site, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Necessary matters concerning the restrictions on the use and structure required for the safety, sanitation, and fire-fighting of the buildings that meet the criteria prescribed by Presidential Decree for the use and size, the fire-fighting partition, the structure of toilets, the heights of stairs, gates, and living rooms, and lighting, air ventilation and damp-proofing of floors in living rooms shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 50 (Fireproof Structure and Fireproof Wall of Buildings)   print
(1) Main structural parts of the buildings prescribed by Presidential Decree, including facilities for cultural activities and assembly, medical facilities, and multi-unit houses, shall be fireproof structures in accordance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The buildings that meet the criteria prescribed by Presidential Decree for the use and size shall be partitioned with fireproof walls in accordance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 50-2 (Egress from High-rise Buildings and Safety Control)   print
(1) In cases of high-rise buildings, egress safety zones shall be established or staircases where sheltering spaces are secured shall be installed, as prescribed by Presidential Decree. In such cases, necessary matters concerning the standards for establishment of egress safety zones, standards for installation of staircases and structure thereof, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) To prevent high-rise buildings from fire and to reduce the damage thereof, the standards which are stricter than those prescribed in Articles 48 through 50 and 64 may be applicable, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[The Article Newly Inserted by Act No. 11057, Sep. 16, 2011]
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 Article 51 (Buildings in Fire Prevention Zones)   print
(1) Main structural parts and outer walls of each building in a fire prevention zone as defined in the National Land Planning and Utilization Act shall be fireproof structures: Provided, That the same shall not apply to cases prescribed by Presidential Decree.
(2) Main parts of each structure installed on the roof of a building or a structure with a height of three or more meters in a fire prevention zone, such as a signboard, an advertising tower, and other structures prescribed by Presidential Decree, shall be built with incombustible materials.
(3) Roofs, fire doors, and outer walls adjoining to the boundaries of adjoining building sites in a fire prevention zone shall be built with the structures and materials specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 52 (Finishing Materials for Building)   print
(1) Finishing materials for the interior of buildings that meet the criteria prescribed by Presidential Decree for the use and size shall not cause any limit to the prevention of fire, and shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, subject to consultation with the heads of central administrative agencies concerned, considering the standards and recommendations for the maintenance of indoor air quality under Articles 5 and 6 of the Indoor Air Quality Control in Public-Use Facilities, etc. Act. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Finishing materials used for the outer walls of buildings prescribed by Presidential Decree shall not cause any limit to the prevention of fire. In such cases, the criteria for finishing materials shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 9858, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013>
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 Article 53 (Basement Levels)   print
The structure and facilities of basement levels installed in buildings shall conform to the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER VI BUILDINGS BY AREAS AND ZONES
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 Article 54 (Measures to be Taken Where Building Site Stretches over Two or More Areas, Zones or Districts)   print
(1) In cases where a building site stretches over two or more areas, zones (excluding green areas and fire prevention zones; hereafter the same shall apply in this Article) or districts as defined in this Act or any other Act, the provisions of this Act, relevant to the buildings and their sites in an area, zone, or district in which more than half of the site lies, shall apply to the whole of the building and its site as prescribed by Presidential Decree: Provided, That the provisions of this Act, relevant to the buildings and their sites in an aesthetic zone, shall apply to the whole of a building and its site, if the building site stretches over an aesthetic zone.
(2) In cases where a single building stretches over a fire prevention zone and other district, the provisions of this Act, relevant to the buildings in a fire prevention zone, shall apply to the whole of the building: Provided, That the same shall not apply to any section in any district other than a fire prevention zone, in cases where the part in a fire prevention zone and the part in another district is partitioned by a fireproof wall.
(3) In cases where a building site stretches over a green area and any other area, zone, or district, the provisions of this Act, relevant to the buildings and their sites in any area, zone, or district other than a green area, shall apply: Provided, That the proviso to paragraph (1) or paragraph (2) shall apply to a building in a green area, if it stretches over an aesthetic zone or a fire prevention zone.
(4) Notwithstanding paragraph (1), if the competent local government prescribes, by municipal ordinance, a separate method applicable to a specific building site, because it deems it necessary to do so in light of the size of the site in question, the nature of the area, zone, or district for a specific use, and other conditions in the surroundings of the site, such separate method shall apply to the site.
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 Article 55 (Building-to-Land Ratio)   print
The maximum limit on the ratio of the building area (which shall be the aggregate of building areas, in cases where there are two or more buildings on a building site) to the area of a building site (hereinafter referred to as "building-to-land ratio") shall conform to the standards for the building-to-land ratio under Article 77 of the National Land Planning and Utilization Act: Provided, That if any provision of this Act requires higher or lower standards than the afore-said standards, such provision shall prevail.
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 Article 56 (Floor Area Ratio)   print
The maximum limit on the total floor area (which shall be the aggregate of total floor areas, in cases where there are two or more buildings on a building site) to the area of a building site (hereinafter referred to as "floor area ratio") shall conform to the standards for the floor area ratio under Article 78 of the National Land Planning and Utilization Act: Provided, That if any provision of this Act requires higher or lower standards than the afore-said standards, such provision shall prevail.
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 Article 57 (Restrictions on Partition of Building Sites)   print
(1) A piece of land on which a building is situated may not be partitioned into pieces with an area that does not reach the area specified by municipal ordinance of the competent local government within the limit prescribed by Presidential Decree.
(2) A piece of land on which a building is situated may not be partitioned into pieces that do not meet the standards under Article 44, 55, 56, 58, 60, or 61.
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 Article 58 (Vacant Lot within Building Site)   print
Whenever a building is newly constructed, such building shall be constructed with the distance set by municipal ordinance of the competent local government, as prescribed by Presidential Decree, within the limit of six meters from the building line or the boundary of adjoining building sites, depending upon the zone or district of specific use, the use and size of the building under the National Land Planning and Utilization Act. <Amended by Act No. 10755, May 30, 2011>
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 Article 59 (Construction of Double Walls and Connecting Corridors)   print
(1) Articles 58 and 61 hereof and Article 242 of the Civil Act shall not apply to any of the following cases:
1. Where two or more buildings are erected with double walls (referring to those erected with a distance of 50 centimeters or less from the boundary of the building site; hereinafter the same shall apply) in consideration of the aesthetics of the urban view in an area prescribed by Presidential Decree;
2. Where a corridor or passage connecting to an adjacent building is installed in accordance with the standards prescribed by Presidential Decree.
(2) Necessary matters concerning the structure and size of double walls, connecting corridors and passages under subparagraphs of paragraph (1) shall be prescribed by Presidential Decree.
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 Article 60 (Restriction on Height of Buildings)   print
(1) Each permitting authority may determine and publicly notify the maximum height of buildings within a specific block (referring to an area surrounded by roads; hereinafter the same shall apply) in compliance with the standards and procedure prescribed by Presidential Decree: Provided, That the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may relax the limit on the maximum height of a building in a specific building site, subject to deliberation by the building committee as prescribed by Presidential Decree, if he/she considers it necessary to relax the maximum height of buildings in a specific block.
(2) The Special Metropolitan City Mayor or each Metropolitan City Mayor may, if he/she considers it necessary for maintenance of the city, prescribe the maximum height of each building in each block under paragraph (1) by municipal ordinance of the Special Metropolitan City or the Metropolitan City.
(3) In cases where no maximum height under paragraph (1) is specified for a specific block, the height of each section of a building may not exceed 1. 5 times the horizontal distance from each section to the boundary line of the opposite side of the front road: Provided, That the maximum height of buildings may be separately prescribed by municipal ordinance of the competent local government for cases where a building site adjoins two or more roads, a park, a public square, or a river.
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 Article 61 (Restriction on Height of Buildings for Securing Sunshine, etc.)   print
(1) The height of buildings erected within an exclusive residential area or a general residential area shall not exceed the height prescribed by Presidential Decree according to the distance from the boundary line of adjoining building sites due north, in order to secure sunshine, etc.
(2) The height of any of the following multi-unit houses (excluding those erected in a general commercial area or a central commercial area) shall not exceed the height prescribed by Presidential Decree, in order to secure lighting, etc.: <Amended by Act No. 11763, May 10, 2013>
1. Where a multi-unit house has windows for lighting facing the boundary line of adjoining building sites;
2. Where two ore more multi-unit houses are constructed on the same building site.
(3) A building may be erected to a height not exceeding the height prescribed by Presidential Decree according to the distance from the boundary line of adjoining building sites due south, notwithstanding paragraph (1), if the building falls under any of the following subparagraphs: <Amended by Act No. 10764, May 30, 2011>
1. If the building is to be erected in a housing site development district under Article 3 of the Housing Site Development Promotion Act;
2. If the building is to be erected in a building site development project district under Article 16 of the Housing Act;
3. If the building is to be erected in a greater local development zone or a development promotion district under Article 4 or 9 of the Balanced Regional Development and Support for Local Small and Medium Enterprises Act;
4. If the building is to be erected in a national industrial complex, a general industrial complex, an urban high-tech industrial complex, or an agro-industrial complex under any provision of Articles 6 through 8 of the Industrial Sites and Development Act;
5. If the building is to be erected in an urban development zone under Article 2 (1) 1 of the Urban Development Act;
6. If the building is to be erected in a maintenance and improvement zone under Article 4 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;
7. If the building is to be erected on a building site adjoining a road, park, river, or any vacant lot due north, on which construction of any building is prohibited;
8. If there is an agreement with the owners of the adjoining building sites due north, or it falls under any other case prescribed by Presidential Decree.
(4) A building with two floors or less with a height of eight meters or less may be exempted by municipal ordinance of the competent local government from the application of the provisions of paragraphs (1) through (3).
CHAPTER VII FACILITIES OF BUILDINGS
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 Article 62 (Standards for Facilities of Buildings)   print
The standards for the installation and structure of facilities of buildings and necessary matters concerning the planning and supervision of projects shall be prescribed by Presidential Decree.
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 Article 63 (Installation of Ondol and Heating Systems)   print
The ondol (traditional floor heating system) and other heating systems installed in a building shall conform to the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to ensure that it will not cause any problem to safety or fire prevention. <Amended by Act No. 10755, May 30, 2011; Act No. 11690, Mar. 23, 2013>
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 Article 64 (Elevators)   print
(1) A project owner of a building (excluding buildings prescribed by Presidential Decree) with six or more floors and a total floor area of 2,000 square meters or more shall have an elevator installed therein. In such cases, the size and structure of elevators shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A building higher than 31 meters shall have an additional elevator for emergency purposes as prescribed by Presidential Decree in addition to the elevator under paragraph (1): Provided, That the same shall not be apply to any of the buildings specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 64-2 (Protection of Building from Heat Loss)   print
Where a building is erected, necessary measures for prevention of heat loss shall be taken for reasonable use of energy, such as use of insulators and installation of vapour proof layer, as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10755, May 30, 2011]
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 Article 65 Deleted. <by Act No. 11365, Feb. 22, 2012>   print
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 Article 65-2 (Accreditation of Intelligent Buildings)   print
(1) In order to vitalize construction of intelligent buildings, the Minister of Land, Infrastructure and Transport shall implement an intelligent building accreditation program. <Amended by Act No. 11690, Mar. 23, 2013>
(2) For the accreditation of intelligent buildings provided for in paragraph (1), the Minister of Land, Infrastructure and Transport may designate accrediting institutions. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Any person who intends to obtain accreditation of an intelligent building shall apply for the accreditation to an accrediting institution referred to in paragraph (2).
(4) In order to maximize the productivity of buildings and efficiency of operation of facilities through optimized combination of facilities constituting buildings and various technologies, the Minister of Land, Infrastructure and Transport shall publicly notify the standards for accreditation of intelligent buildings including each of the following matters: <Amended by Act No. 11690, Mar. 23, 2013>
1. Standards and procedure for accreditation;
2. Standards for publicizing indication of accreditation;
3. Term of validity;
4. Fees;
5. Grades of accreditation and screening criteria, etc.
(5) Matters necessary for the standards for designation of accrediting institutions, procedure for the designation, procedure for application of accreditation, etc. under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(6) As regards a building which has obtained the accreditation of an intelligent building, the competent permitting authority may relax the restrictions on the landscaping area prescribed in Article 42 down to 85/100 and the floor area ratio and height of the buildings prescribed in Articles 56 and 60 up to 115/100.
[This Article Newly Inserted by Act No. 10755, May 30, 2011]
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 Article 66 Deleted. <by Act No. 11365, Feb. 22, 2012>   print
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 Article 66-2 Deleted. <by Act No. 11365, Feb. 22, 2012>   print
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 Article 67 (Related Specialized Engineers)   print
(1) Every architect or project supervisor shall, when he/she carries out planning and design works for the safety of a building site, safety of the structure of a building, or installation of facilities of a building, or supervises over construction works, under Articles 40, 41, 48 through 52, 62, 64, and 66, consult with the related specialized engineers, as prescribed by Presidential Decree.
(2) Every related specialized engineer shall, whenever he/she provides his/her services, ensure that the relevant building complies with the provisions of this Act, orders and dispositions under this Act, and other relevant Acts and subordinate statutes and that it will not cause any trouble to safety, functions, and view.
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 Article 68 (Technical Standards)   print
(1) Except as otherwise provided for in this Act, the technical standards for the safety of building sites, the safety of the structure of buildings, and facilities of a building under Articles 40, 41, 48 through 52, 62, 64, and 66 shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, but the Minister of Land, Infrastructure and Transport may, if further detailed standards are required, prescribe such detailed standards or may allow a research institute (including any testing laboratory or inspection institution), an academic organization, or any other related institution or organization designated by the Minister of Land, Infrastructure and Transport to formulate such standards, subject to the approval of the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport shall, when he/she intends to prescribe the detailed standards or grant approval pursuant to paragraph (1), refer the proposed standards to the building committee in advance for deliberation. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport shall issue public notice of the detailed standards prescribed or approved by him/her pursuant to paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER VIII SPECIAL BUILDING ZONES
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 Article 69 (Designation of Special Building Zones)   print
(1) The Minister of Land, Infrastructure and Transport may, whenever it is deemed necessary to make a special exception for part of any of the following cities or areas, designate such part as a special building zone: <Amended by Act No. 11690, Mar. 23, 2013>
1. A project zone prescribed by Presidential Decree for a national policy project under any relevant Act and subordinate statute for harmonized and creative building works;
2. Any other project zones in cities or areas prescribed by Presidential Decree.
(2) None of the following areas and zones may be designated as a special building zone, notwithstanding paragraph (1):
1. A development restriction zone under the Act on Special Measures for Designation and Management of Areas of Restricted Development;
2. A natural park under the Natural Parks Act;
3. A road zone under the Road Act;
4. A conserved mountainous district under the Management of Mountainous Districts Act;
5. A zone for protection of military bases and installations under the Protection of Military Bases and Installations Act.
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 Article 70 (Buildings in Special Building Zones)   print
In order for a building to be eligible for the exception under Article 73 to the building standards to be built in a special building zone, the building shall fall under any of the following subparagraphs:
1. A building constructed by the State or a local government;
2. A building constructed by a public agency prescribed by Presidential Decree among the public agencies under Article 4 of the Act on the Management of Public Institutions;
3. Any other building for a use and of a size prescribed by Presidential Decree, to which the competent permitting authority deems necessary to make a special exception for the creation of the aesthetics of urban views, the improvement of construction technology, or the improvement of systems relating to building works.
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 Article 71 (Procedure for Designation of Special Building Zones)   print
(1) The head of a central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu having jurisdiction over a project zone under any subparagraph of Article 69 (1) (hereafter referred to as "designation applicant" in this Chapter) may file an application for designation of a special building zone with the Minister of Land, Infrastructure and Transport along with the following information, if it is necessary to designate such special building zone: <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013>
1. Matters concerning the location, boundaries, area, etc. of the special building zone;
2. Purposes of, and needs for the designation of the special building zone;
3. Matters concerning the size, and purpose of use of buildings within the special building zone;
4. Matters concerning the urban/Gun management plan for the special building zone. In such cases, further details of the urban/Gun management plan shall be prescribed by Presidential Decree;
5. Matters concerning the method of placing orders for planning and design of buildings, and supervision over and execution of construction works;
6. A plan for operation and management of facilities, such as art ornaments, ancillary parking area, and park, which shall be uniformly applicable to the whole or part of the special building zone pursuant to Article 74 . In such cases, matters concerning the method of preparation, form, and contents of plans for operation and management shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
7. Other matters prescribed by Presidential Decree which are necessary for designation of special building zones.
(2) The Minister of Land, Infrastructure and Transport shall, upon receiving an application for designation under paragraph (1), examine the contents thereof, such as needs for, feasibility of, and public interest in the designation of the special building zone and the matters concerning the measures for emergency escape and fire prevention, and shall refer the application to a building committee established by the Minister of Land, Infrastructure and Transport (hereinafter referred to as the "Central Building Committee") for deliberation to make a decision on whether to approve the designation within 30 days from the date on which the application for designation is received. <Amended by Act No. 9594, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport may make adjustments of the boundaries of the special building zone, the urban/Gun management plan, and other matters, if he/she deems necessary, considering the results of the deliberation by the Central Building Committee under paragraph (2). <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013>
(4) The Minister of Land, Infrastructure and Transport may, at his/her discretion, designate a special building zone, if necessary, without receiving any application for designation under paragraph (1). In such cases, paragraphs (1) and (2) shall apply mutatis mutandis to the procedures for such designation, but the Minister of Land, Infrastructure and Transport shall be regarded as the designation applicant. <Amended by Act No. 11690, Mar. 23, 2013>
(5) The Minister of Land, Infrastructure and Transport shall, whenever he/she designates a special building zone, revises or cancels such designation, issue public notice of essential information thereon through the Official Gazette, as prescribed by Presidential Decree, and shall forward each copy of relevant documents to the designation applicant. <Amended by Act No. 11690, Mar. 23, 2013>
(6) The designation applicant who has received copies of relevant documents under paragraph (5) shall take measures as may be necessary, such as application for approval on the topographical drawings pursuant to Article 32 of the National Land Planning and Utilization Act, if the relevant documents include any matter subject to the decision on the urban/Gun management plan. <Amended by Act No. 10599, Apr. 14, 2011>
(7) The relevant designation applicant shall, if there is any change after the special building zone is designated, obtain a revised designation. In such cases, necessary matters concerning the scope of changes subject to the revised designation and the procedure for the revised designation shall be prescribed by Presidential Decree.
(8) The Minister of Land, Infrastructure and Transport may cancel the designation of a special building zone entirely or partially, if any of the following causes and events occurs. In such cases, the Minister of Land, Infrastructure and Transport shall hear the opinion of the designation applicant: <Amended by Act No. 11690, Mar. 23, 2013>
1. If there is a request from the designation applicant;
2. If the designation was obtained by false or other fraudulent means;
3. If construction works for the buildings appropriate for the purpose of the designation of the special building zone have not commenced within five years from the date of designation of the special building zone;
4. If any violation of any requirement for the designation of the special building zone has occurred, but it is impossible to rectify such violation.
(9) The designation of a special building zone or a revision thereto shall be deemed to be a decision on the urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act (excluding the designation of an area, a district, or a zone for a specific purpose of use or revision thereto). <Amended by Act No. 10599, Apr. 14, 2011>
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 Article 72 (Deliberation on Buildings within Special Building Zones)   print
(1) Any person who intends to file an application for building permit with the exception to the building standards in accordance with Article 73 (hereafter referred to as "building permit applicant" in this Article) shall file the application for building permit with the competent permitting authority in accordance with Article 11, along with a special exception plan that shall include the following matters. In such cases, the method of preparation of such special exception plan and the documents required shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>
1. Matters for which the applicable standards are requested to be relaxed pursuant to Article 5;
2. Matters concerning the requirements for the designation of the special building zone under Article 71;
3. Grounds on which the special exception for exclusion from the application of Article 73 (1) is applicable and expected effects therefrom;
4. Documentary evidence of the equal or higher performance for justifying the special exception for applying relaxed standards under Article 73 (2);
5. A plan for construction, maintenance, and management of the buildings.
(2) Every building permit under paragraph (1) shall be subject to deliberation by the building committee established by the competent Mayor/Do Governor or the head of Si/Gun/Gu pursuant to Article 4 (1) (hereinafter referred to as "local building committee") on whether the relevant building is appropriate for the purposes of designation of the special building zone, the special exception plan, and other relevant matters.
(3) An applicant for building permit who desires to examine the traffic impact assessment and improvement measures noted in Article 16 of the Urban Traffic Improvement Promotion Act carried out simultaneously with the process for the building permit under paragraph (1) may file an application for examination with the competent permitting authority, along with the documents related to the traffic impact assessment and improvement measures under Article 16 of the said Act. <Amended by Act No. 9071, Mar. 28, 2008>
(4) In cases where the competent local building committee completes the combined deliberation on the traffic impact assessment and improvement measures under paragraph (3), it shall be deemed that the review on the traffic impact assessment and improvement measures under Article 17 of the Urban Traffic Improvement Promotion Act has been completed. <Amended by Act No. 9071, Mar. 28, 2008>
(5) Whenever there occurs any of the changes prescribed by Presidential Decree in the matters deliberated pursuant to paragraphs (1) and (2), such change shall be referred to the local building committee for deliberation on revision. In such cases, paragraphs (1) through (3) shall apply mutatis mutandis to the deliberation on revision.
(6) The Minister of Land, Infrastructure and Transport may designate buildings subject to monitoring (referring to reviewing the progress of construction of a building, supervision over construction works, maintenance and management of the building to which the special exception has applied and analyzing and assessing the functions, aesthetics of the view, and environment of the building that have been actually realized; hereafter the same shall apply in this Chapter) among the buildings, for which a building permit has been granted pursuant to paragraphs (1) and (2), hearing the opinion of the competent permitting authority, in order to improve systems relating to building works and construction technology. <Amended by Act No. 11690, Mar. 23, 2013>
(7) Each permitting authority shall submit to the Minister of Land, Infrastructure and Transport the special exception plan for the buildings for which a building permit has been granted pursuant to paragraphs (1) and (2) and other materials specified by Ordinance of the Ministry of Land, Infrastructure and Transport as may be necessary for designating buildings subject to monitoring under paragraph (6). <Amended by Act No. 11690, Mar. 23, 2013>
(8) The administrative agency concerned as a project owner under subparagraph 5 of Article 2 of the Construction Technology Management Act, to whom a building permit was granted pursuant to paragraphs (1) and (2) may, if necessary for realizing the intended design, monitoring construction works and supervision, and carrying out other works commissioned by the project owner, retain the architect to participate in the construction works of the building continuously, even after the building permit was granted. In such cases, the scope of the works of such architect and the remuneration therefor shall be prescribed by Presidential Decree.
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 Article 73 (Special Exception to Application of Related Acts and Subordinate Statutes)   print
(1) Buildings erected in a special building zone may be exempted from application of the following provisions:
1. Articles 42, 55, 58, 60, and 61 hereof;
2. Provisions prescribed by Presidential Decree among the provisions of Article 21 of the Housing Act.
(2) In cases where a building that is planned to be erected in a special building zone falls under any provision of Articles 49 through 53, 62, 64, and 66, the standards of the relevant provision may be, entirely or partially, relaxed in being applied to such building, only if the competent local building committee approves that it is possible to satisfy the standards or functions required by the relevant provision with any other means.
(3) In cases where it is possible to satisfy the standards or functions required by Articles 9 and 11 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act with any other means in compliance with the procedure and method of examination prescribed by Presidential Decree, such standards may be relaxed in being applied to such cases, entirely or partially. <Amended by Act No. 11037, Aug. 4, 2011>
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 Article 74 (Preparation and Implementation of Integrated Application Plan)   print
(1) The provisions of related Acts and subordinate statutes governing the following matters may be integrated to apply to the whole or a part of a special building zone, instead of applying them individually to each of the buildings therein:
1. Art ornaments of a building under Article 9 of the Culture and Arts Promotion Act;
2. Installation of an ancillary parking area under Article 19 of the Parking Lot Act;
3. Installation of a park under the Act on Urban Parks, Greenbelts, etc.
(2) A designation applicant who intends to apply the integrated provisions of related Acts and subordinate statutes pursuant to paragraph (1) shall estimate the demand for art ornaments, ancillary parking lots, and parks for the whole or a part of a special building zone to meet or exceed the standards prescribed by individual Acts, and shall establish an integrated application plan, considering the convenience, comfortableness, and safety of users.
(3) Each designation applicant shall, when he/she prepares an integrated application plan pursuant to paragraph (2), consult with the competent permitting authority having jurisdiction over the zone concerned, and the permitting authority shall, upon receiving a request for such consultation, present his/her opinion to the designation applicant within 20 days from the date on which such request is received.
(4) Each designation applicant shall, when he/she prepares an integrated application plan that requires a consequential revision to the urban/Gun management plan concerned, forward the plan to the person having the authority to make decisions on the urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act, and the person having the authority to make decisions on the urban/Gun management plan shall take measures as may be necessary for revision of the urban/Gun management plan, unless any extraordinary situation exists otherwise. <Amended by Act No. 10599, Apr. 14, 2011>
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 Article 75 (Obligations of Project Owners or Similar)   print
(1) Every project supervisor, contractor, project owner, owner, or manager of a building project under construction in a special building zone with a building permit granted by applying the special exception for the building standards pursuant to Article 73 shall take measures necessary for maintaining the original shape, materials, and colors of the building as described in the building permit during the construction period and after an approval for the use of the building is granted. <Amended by Act No. 11182, Jan. 17, 2012>
(2) Every project owner or owner of a building designated as subject to monitoring under Article 72 (6) shall submit to the competent permitting authority a report on monitoring the progress and evaluation of planning and design works, construction works, and supervision over the works at the time when approval for the use of the building is granted, and he/she shall submit to the permitting authority a report on the results of monitoring the maintenance and management of the building at an interval prescribed by Presidential Decree on a regular basis after approval of the use of the building is granted. In such cases, the contents and form of the monitoring report and the method of preparation of the report shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 76 (Obligations of Permitting Authorities, etc.)   print
(1) Each permitting authority shall make efforts to encourage architects to manifest their creativeness and aesthetic value through their architectural works in each special building zone and initiate the improvement of related systems and technology.
(2) Each permitting authority shall submit a report on monitoring of buildings in a special building zone under Article 75 (2) to the Minister of Land, Infrastructure and Transport, and the Minister of Land, Infrastructure and Transport shall analyze the monitoring report, along with the results from the inspection under Article 77 and the monitoring results, and make efforts to improve the systems under this Act or any relevant Acts and subordinate statute. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 77 (Inspection of Buildings within Special Building Zones)   print
(1) The Minister of Land, Infrastructure and Transport and the competent permitting authority may conduct an inspection of buildings within a special building zone pursuant to Article 87, and take necessary measures, such as a corrective order, pursuant to Article 79. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport and the competent permitting authority may carry out monitoring works for the buildings designated as subject to monitoring pursuant to Article 72 (6) on his/her own or request an expert or an institution specializing in a specific field to provide such service. In such cases, the project owner, owner, or manager of the building concerned shall cooperate in the matters necessary for such monitoring, unless any extraordinary situation exists otherwise. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER IX SUPPLEMENTARY PROVISIONS
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 Article 78 (Supervision)   print
(1) If the Minister of Land, Infrastructure and Transport finds that any order issued or disposition made by a certain Mayor/Do Governor or the head of a certain Si/Gun/Gu violates this Act, an order issued or a disposition made pursuant to this Act, or any municipal ordinance of the competent local government or is unreasonable, he/she may order the Mayor/Do Governor or the head of Si/Gun/Gu to revoke or amend such order or disposition or to take other necessary measures. <Amended by Act No. 11690, Mar. 23, 2013>
(2) If the Mayor/Do Governor finds that any order issued or a disposition made by the head of a certain Si/Gun/Gu violates this Act, an order issued or a disposition made pursuant to this Act, or any municipal ordinance of the competent local government, the Mayor/Do Governor may order the head of Si/Gun/Gu to revoke or amend such order or disposition or to take other necessary measures.
(3) The Mayor/Do Governor or the head of a Si/Gun/Gu who receives an order to take necessary measures under paragraph (1) shall promptly report the results of measures taken for correction to the Minister of Land, Infrastructure and Transport, while the head of a Si/Gun/Gu who receives such order under paragraph (2) shall promptly report the results of measures taken for correction to the competent Mayor/Do Governor. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The Minister of Land, Infrastructure and Transport and each Mayor/Do Governor shall establish and implement a plan for guidance and inspection for each year, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in order to provide guidance and conduct an inspection for proper operation of the building permit system, the actual state of management of illegal buildings, and the better operation of building administration. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 79 (Measures against Non-compliant Buildings, etc.)   print
(1) A permitting authority may, if a building site or a building violates this Act, an order issued or a disposition made pursuant to this Act, revoke the permit or approval granted to it pursuant to this Act, issue an order to the project owner, contractor, site manager, building owner, manager, or occupant (hereinafter referred to as "project owner or similar") of the building concerned to suspend construction works or remove, alter, extend, repair, change of purpose of use of, prohibit or restrict use of the building, or take other necessary measures within a reasonable period of time given by the permitting authority.
(2) As regards a building for which a permit or approval is revoked pursuant to paragraph (1) or a building for which an order issued for corrective measures pursuant to paragraph (1) has not been complied with, the competent permitting authority may request the relevant person to refrain from granting such building permit or license for a business or any other activities under any other Act and subordinate statute: Provided, That the same shall not apply to the residential houses which the competent permitting authority has allowed to use or carry on a business, or conduct any other activity for a fixed period of time and the cases prescribed by Presidential Decree.
(3) The person who has received the request under paragraph (2) shall comply with it, unless extraordinary circumstances exist otherwise.
(4) A permitting authority shall, when he/she issues an order for corrective measures pursuant to paragraph (1), install a sign as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in the non-compliant building or its site, and record the details of the violation in the building register. <Amended by Act No. 11690, Mar. 23, 2013>
(5) No one may disallow or interfere with installation of any sign pursuant to paragraph (4), or destroy it.
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 Article 80 (Charges for Compelling Performance)   print
(1) As regards a project owner or similar who has not performed his/her obligation to comply with an order for corrective measures within a given period of time after the order had been served pursuant to Article 79 (1), the competent permitting authority shall impose the following charges for compelling the performance upon the project owner or similar, if the project owner or similar fails to perform his/her obligation within a reasonable period of time re-issued for his/her performance: Provided, That if the building involved is a residential building with a total floor area (basing on the area of a unit, in the case of a multi-unit house) of 85 square meters or less or a residential building prescribed by Presidential Decree among those under subparagraph 2, an amount fixed by municipal ordinance of the competent local government within the limit of one-half of any of the following amounts shall be imposed upon the project owner or similar of such building: <Amended by Act No. 10755, May 30, 2011>
1. If the building erected exceeds the building-to-land ratio or the floor area ratio under Article 55 or 56, or is erected without obtaining a permit or filing a report, the charge for compelling the performance shall not exceed the amount calculated by multiplying the amount equivalent to 50/100 of the standard market value per square meter applicable to the building pursuant to the Local Tax Act by the area of the non-compliant part;
2. If the building is any non-compliant one other than those under subparagraph 1, the charge for compelling the performance shall be the amount prescribed by Presidential Decree according to the nature of the violation within the limit of 10/100 of the amount equivalent to the standard market value applicable to the building pursuant to the Local Tax Act.
(2) The competent permitting authority shall issue a warning in writing to the effect that the charge for compelling the performance under paragraph (1) shell be imposed and collected, prior to imposing it pursuant to paragraph (1).
(3) Every permitting authority shall, whenever he/she imposes a charge for compelling the performance pursuant to paragraph (1), clearly notify the amount, the grounds for imposition, the time limit for payment, the receiving institution, the method and institution for filing an objection in writing.
(4) A permitting authority may impose and collect charges for compelling the performance under paragraph (1) no more than twice annually repeatedly beginning on the date on which the initial order for corrective measures is issued until the order for corrective measures is complied with: Provided, That for the cases that fall under the proviso above subparagraphs of paragraph (1), the frequency for imposing charges for compelling the performance may be prescribed separately by municipal ordinance of the competent local government within the limit of five times in total.
(5) Once the person to whom an order for corrective measures has been served pursuant to Article 79 (1) performs his/her obligation, the competent permitting authority shall immediately cease to impose any further charge, but shall collect the charge for compelling the performance already imposed.
(6) If the person against whom a disposition of imposing a charge for compelling the performance was made pursuant to paragraph (3) fails to pay it within the time limit for payment, the competent permitting authority shall collect it in accordance with the practices for disposition of default on local taxes.
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 Article 81 (Safety Inspections of Existing Buildings and Orders for Corrective Measures)   print
(1) If an existing building falls within the criteria prescribed by Presidential Decree because there is any cause that is likely to undermine the national security or it violates any provision of Chapter IV (Articles 40 through 47), the Special Self-governing Province Governor or the head of Si/Gun/Gu may issue an order to remove, alter, extend, repair, change the purpose of use of, prohibit or restrict the use of the building, or take other necessary measures.
(2) The Special Self-governing Province Governor or the head of Si/Gun/Gu may, if he/she finds that a building in a zone for conservation of views or scenery significantly deteriorates the urban view or residential environment, issue an order to alter or repair it, after hearing the opinion of the building committee.
(3) The Special Self-governing Province Governor or the head of Si/Gun/Gu shall, when he/she issues an order to take necessary measures pursuant to paragraph (1), pay reasonable compensation as prescribed by Presidential Decree.
(4) The project owner of a building identified by the Special Self-governing Province Governor or the head of Si/Gun/Gu as the one that is likely to cause a hazard shall retain the Registered Architects Association or any other legal entity or organization that has experts recognized by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree, to inspect the building to ascertain whether it is structurally safe, and shall report the results of the inspection to the Special Self-governing Province Governor or the head of Si/Gun/Gu. <Amended by Act No. 11690, Mar. 23, 2013>
(5) The Special Self-governing Province Governor or the head of Si/Gun/Gu may, if deemed necessary as a result of the inspection under paragraph (4), issue an order to remove, alter, repair, change the use of, or prohibit or restrict the use of the building, or to take other necessary measures.
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 Article 82 (Delegation and Entrustment of Authority)   print
(1) The Minister of Land, Infrastructure and Transport may delegate part of his/her authority under this Act to the Mayors/Do Governors, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Each Mayor/Do Governor may delegate part of his/her authority under this Act to the head of each Si (including the head of each administrative Si; hereafter the same shall apply in this Article)/Gun/Gu, as prescribed by Presidential Decree.
(3) The head of each Si/Gun/Gu may delegate part of his/her authority under this Act to the head of each Gu (referring to the head of Gu that is not an autonomous Gu) and the head of each Dong/Eup/Myeon, as prescribed by Presidential Decree.
(4) The Minister of Land, Infrastructure and Transport may entrust the operation of the electronic information processing system established for efficiently processing affairs relating to building permits, etc. pursuant to Articles 31 (1) and 32 (1) to an institution or organization prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 83 (Mutatis Mutandis Application to Retaining Walls and other Structures)   print
(1) Any person who intends to erect a retaining wall, a chimney, an advertising tower, a high-rise water tank, an underground shelter, or any other similar structure prescribed by Presidential Decree shall file a report thereon with the Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree.
(2) Articles 14, 21 (3), 29, 35 (1), 40 (4), 41, 47, 48, 55, 58, 60, 61, 79, 81, 84, 85, and 87 hereof and Article 76 of the National Land Planning and Utilization Act shall apply mutatis mutandis to cases under paragraph (1), as prescribed by Presidential Decree.
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 Article 84 (Calculation of Area, Height and Number of Floors)   print
The method for calculating the area of a building site, the total floor area, floor area, height, eaves, ceiling, floor of a building, and the number of floors of a building shall be prescribed by Presidential Decree.
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 Article 85 (Special Exception to Application of the Administrative Vicarious Execution Act)   print
(1) If a permitting authority takes necessary measures pursuant to Article 11, 14, 41, or 79 (1), and if he/she finds it difficult to achieve the purpose by following the procedure described in Article 3 (1) and (2) of the Administrative Vicarious Execution Act in any of the following cases, he/she may carry out vicarious execution without necessarily following such procedure:
1. Where there is an urgent need to mitigate any potential risks associated with the occurrence of natural disasters;
2. Where there are any potential risks associated with property damage, such as collapse, due to the existence of any substantial defect in the structural safety of a building;
3. Where, despite the receipt of an order to suspend construction works issued by the permitting authority, a person refuses to comply with such order and continues to carry out such construction works;
4. Where an illegally constructed building poses a substantial impediment to road traffic;
5. The cases prescribed by Presidential Decree as deemed necessary to swiftly implement such measures because of substantial endangering of public safety or undermining of the public interest.
(2) Vicarious execution under paragraph (1) shall be performed to the minimum extent necessary to manage a building.
[This Article Wholly Amended by Act No. 9594, Apr. 1, 2009]
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 Article 86 (Hearings)   print
Any permitting authority shall, whenever he/she intends to revoke a permit or approval pursuant to Article 79, hold a hearing.
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 Article 87 (Reporting and Inspections)   print
(1) The Minister of Land, Infrastructure and Transport, each Mayor/Do Governor, the head of each Si/Gun/Gu, a public official under the control of any of them, an agent under Article 27, or a building instructor under Article 37 may demand the project owner or similar, project supervisor, or contractor of the building to furnish him/her with necessary informative materials or reports, and may enter a building, building site, or project site to conduct inspections or necessary tests of the building, facilities therein, and other materials relating to the building project. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Any person who conducts an inspection or a test pursuant to paragraph (1) shall carry with him/her identification indicating his/her authority to produce it to persons concerned.
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 Article 88 (Specialized Committees for Conciliation of Building Disputes)   print
(1) Specialized committees for conciliation of building disputes under Article 4 (2) shall be responsible for conciliation and arbitration of the following disputes arising in connection with building projects (excluding disputes subject to conciliation under Article 69 of the Framework Act on the Construction Industry; hereinafter the same shall apply), and they shall be divided into the central specialized committee for conciliation of building disputes which comes under the jurisdiction of the Central Building Committee and local specialized committees for conciliation of building disputes which come under the jurisdiction of local building committees established by Mayors/Do Governors: <Amended by Act No. 9594, Apr. 1, 2009>
1. Disputes between parties to a building project and neighboring residents who suffer any damage caused by construction works of the building (hereinafter referred to as "neighboring residents");
2. Disputes between related specialized engineers and neighboring residents;
3. Disputes between parties to a building project and related specialized engineers;
4. Disputes between parties to a building project;
5. Disputes between neighboring residents;
6. Dispute between related specialized engineers;
7. Other matters prescribed by Presidential Decree.
(2) The central specialized committee for conciliation of building disputes shall have jurisdiction over the matters for which the Special Metropolitan City Mayor, Metropolitan City Mayor, or Special Self-Governing Province Governor has the authority to grant permission, while each local specialized committee for conciliation of building disputes shall have jurisdiction over the matters for which the head of a Si (including the head of an administrative Si)/Gun/Gu has the authority to grant permission. <Amended by Act No. 9594, Apr. 1, 2009>
(3) The matters concerning the meetings and operation of the central specialized committee for conciliation of building disputes and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, while the matters concerning the meetings and operation of each local specialized committee for conciliation of building disputes and other necessary matters shall be prescribed by municipal ordinance of each Special Metropolitan City, Metropolitan City, Do, and Special Self-Governing Province (hereinafter referred to as "City/Do"). <Amended by Act No. 9594, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
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 Article 89 (Composition of Specialized Committee for Conciliation of Building Disputes)   print
(1) The central specialized committee for conciliation of building disputes and each local specialized committee for conciliation of building disputes (hereinafter referred to as "specialized committee for conciliation of building disputes") shall be comprised of fifteen or fewer members, including one chairperson and one vice chairperson. <Amended by Act No. 9594, Apr. 1, 2009>
(2) Members of the central specialized committee for conciliation of building disputes shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among the persons who have considerable knowledge and experience in construction or law and who fall under any of the following subparagraphs. In such cases, the committee shall have at least two members who fall under subparagraph 4: <Amended by Act No. 9594, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
1. Any person who has served as a Grade I public official or a public official equivalent to or higher in rank than Grade I for at least one year;
2. Any person who has served as Grade II or III public official or a public official equivalent to or higher in rank than Grade II or III for at least three years;
3. Any person who has served as an assistant or higher professor teaching architectural engineering or law in a college or university under the Higher Education Act for at least three years;
4. Any person who has served as a judge or a public prosecutor, or practiced as an attorney-at-law for at least six years;
5. Any architect who has filed a report on his/her practice as an architect under the Architects Act (hereinafter referred to as "architect") and who has engaged in the business for at least six years;
6. Any person who has considerable knowledge and experience in construction works or the construction industry and who have engaged in the industry for at least 15 years.
(3) Members of each local specialized committee for conciliation of building disputes shall be appointed or commissioned by the competent Mayor/Do Governor from among the persons who fall under any subparagraph of paragraph (2). In such cases, each committee shall have at least two persons who fall under paragraph (2) 4. <Amended by Act No. 9594, Apr. 1, 2009>
(4) The chairperson and vice chairperson of each specialized committee for conciliation of building disputes shall be elected from among and by its members. <Amended by Act No. 9594, Apr. 1, 2009>
(5) The term of office of members who are not public officials shall be three years, but may be renewed consecutively, while the term of office of a member elected to fill a vacancy shall be the remaining term of his/her predecessor.
(6) Meetings of each specialized committee for conciliation of building disputes shall be duly formed with the attendance of a majority of incumbent members and shall adopt a resolution by an affirmative vote of a majority of the members present at the meeting. <Amended by Act No. 9594, Apr. 1, 2009>
(7) No person who falls under any of the following subparagraphs may become a member of any specialized committee for conciliation of building disputes: <Amended by Act No. 9594, Apr. 1, 2009>
1. Any person declared incompetent, quasi-competent or bankrupt, but not yet reinstated;
2. Any person in whose case two years have not passed since a sentence of imprisonment without prison labor or any heavier punishment upon him/her was completely carried out (or was held as completely carried out) or discharged;
3. Any person whose qualifications are suspended by a court judgment or operation of law.
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 Article 90 (Exclusion of Members from Office)   print
(1) A member of any specialized committee for conciliation of building disputes shall, if he/she falls under any of the following subparagraphs, be excluded from office: <Amended by Act No. 9594, Apr. 1, 2009>
1. If the member, or his/her spouse or ex-spouse is a party to a dispute case at issue (hereinafter referred to as "case") or has an interest in the case as a joint right-holder of a party or an obligor to a party;
2. If the member was or is a relative of a party to the case;
3. If the member has testified or given an expert opinion on the case;
4. If the member has ever been involved or is involved in the case as the agent of a party to the case;
5. If the member has been involved in a disposition or omission that has given rise to the case.
(2) A specialized committee for conciliation of building disputes shall, if there is a ground for excluding a member from office, make a decision on such exclusion at its discretion or at the request of a party. <Amended by Act No. 9594, Apr. 1, 2009>
(3) A party who has any grounds to believe that it is difficult to expect that a member will perform his/her duties fairly may file a challenge against such member with the specialized committee for conciliation of building disputes, and the committee shall, if it finds that the challenge is reasonable, make a decision to exclude the member from office. <Amended by Act No. 9594, Apr. 1, 2009>
(4) A member who believes that any ground under paragraph (1) or (3) is applicable to him/her may refrain from performing his/her duties in the case at issue.
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 Article 91 (Agents)   print
(1) A party to a case may appoint any of the following persons as his/her agent:
1. The party's spouse, lineal ascendant or descendant, or sibling;
2. An executive or employee of the legal entity involved in the case as a party;
3. An attorney-at-law.
(2) A party who intends to appoint any person falling under paragraph (1) 1 or 2 as his/her agent shall obtain permission therefor from the chairperson of the specialized committee for conciliation of building disputes. <Amended by Act No. 9594, Apr. 1, 2009>
(3) The power delegated to an agent shall be supported by written statement.
(4) Each agent shall have the power delegated by the principal to perform the following activities:
1. To withdraw applications;
2. To accept proposals for conciliation;
3. To appoint subagents.
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 Article 92 (Applications for Conciliation, etc.)   print
(1) A person who intends to file an application for conciliation or arbitration (hereinafter referred to as "conciliation, etc.") on a dispute arising in connection with construction works, etc. of a building shall file such application with the competent specialized committee for conciliation of building disputes under Article 88 (2). <Amended by Act No. 9594, Apr. 1, 2009>
(2) An application for conciliation under paragraph (1) shall be filed by one or more parties to the case, while an application for arbitration shall be filed under agreement between parties to the case: Provided, That the specialized committee for conciliation of building disputes shall, upon receiving an application for conciliation, notify all parties to the case of the fact that the application has been filed. <Amended by Act No. 9594, Apr. 1, 2009>
(3) The specialized committee for conciliation of building disputes that has received an application for conciliation from a party shall complete all the proceedings within 90 days, while it shall, upon receiving an application for arbitration, complete all the proceedings within 180 days: Provided, That the period may be extended by a resolution by the specialized committee for conciliation of building disputes, if any extenuating circumstance exists. <Amended by Act No. 9594, Apr. 1, 2009>
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 Article 93 (Denial and Suspension of Conciliations, etc.)   print
(1) Any specialized committee for conciliation of building disputes may, if it finds that it is not proper to resolve a dispute by its conciliation, etc. in light of the nature of the dispute or that the application for conciliation, etc. has been filed for an unjust purpose, deny its conciliation, etc. In such cases, the committee shall notify the applicant of the grounds for its denial of conciliation, etc. <Amended by Act No. 9594, Apr. 1, 2009>
(2) Any specialized committee for conciliation of building disputes shall, when a party files a lawsuit while the proceedings for an application filed for the case are pending, discontinue the proceedings for conciliation, etc., and shall notify the other party thereof. <Amended by Act No. 9594, Apr. 1, 2009>
(3) The Mayor/Do Governor or the head of a Si/Gun/Gu shall not suspend a project only on the ground that an application for conciliation, etc. has been filed in connection with the project, unless it is urgently required to prevent any hazard or any other extenuating circumstance exists.
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 Article 94 (Conciliation Panel and Arbitration Panel)   print
(1) Conciliation shall be carried out by a conciliation panel consisting of three members, while arbitration shall be carried out by an arbitration panel consisting of five members.
(2) Members of a conciliation panel (hereinafter referred to as "conciliators") and members of an arbitration panel (hereinafter referred to as "arbitrators") shall be appointed on a case-by-case basis by the committee chairperson from among members of the specialized committee for conciliation of building disputes. In such cases, the arbitration panel shall have at least one member who falls under Article 89 (2) 4. <Amended by Act No. 9594, Apr. 1, 2009>
(3) Meetings of a conciliation panel or an arbitration panel shall be duly formed with the attendance of all members and shall adopt a resolution by an affirmative vote of a majority of the members.
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 Article 95 (Investigation for Conciliation and Consideration of Opinions)   print
(1) A conciliation panel may, if deemed necessary for conciliation, assign a conciliator or a public official of its secretariat to inspect relevant documents or enter the place of business concerned for investigation.
(2) A conciliation panel may, if deemed necessary, summon a party or a witness to the panel to take into consideration his/her opinions.
(3) A conciliation panel who has received an application for conciliation of a dispute shall examine the case and prepare a proposal for conciliation within the period set for conciliation.
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 Article 96 (Effect of Conciliations)   print
(1) Once a conciliation panel completes a proposal for conciliation pursuant to Article 95 (3), it shall promptly present the proposal to parties.
(2) Each party shall, upon receiving a proposal for conciliation under paragraph (1), notify the conciliation panel of whether to accept the proposal within 15 days from the date on which the proposal was delivered.
(3) The conciliation panel shall, if all parties accept the proposal for conciliation, prepare a protocol of conciliation, and the conciliators and parties shall write their names and affix their seals thereon.
(4) Once parties accept a proposal for conciliation and write their names and affix their seals on the protocol of conciliation in accordance with paragraph (3), it shall be deemed that agreement with the terms and conditions identical with those of the protocol of conciliation has been duly made.
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 Article 97 (Arbitration of Disputes)   print
(1) Arbitration shall be referred in writing, and the written statement of arbitration shall contain the following descriptions, on which arbitrators shall write their names and affix their seals:
1. Reference number and name of the case;
2. Addresses and names of parties, appointed representatives, representative of parties, and agents;
3. Main text;
4. Claims;
5. Rationales;
6. Date of arbitration.
(2) The rationales under paragraph (1) 5 shall indicate parties'' claims to the extent that it can be agreed that the contents of the main text are fair enough.
(3) The arbitration panel shall, once it makes a decision, deliver the original statement of arbitration to parties or their agents forthwith.
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 Article 98 (Authority to Investigate for Arbitration)   print
(1) An arbitration panel may, if deemed necessary for arbitration of a dispute, assign an arbitrator or a public official under its control, at the request of a party or at its discretion, to perform the following acts:
1. To demand a party or a witness to make an appearance before the panel, seek advice, or hear testimony;
2. To demand an expert to make an appearance before the panel or provide his/her expert opinion;
3. To inspect or make copies of a document or an article relevant to the case, demand a person to submit such document or article, or keep such document or article in custody;
4. To enter and investigate a place relevant to the case.
(2) Parties to a case may participate in investigations, etc. under paragraph (1).
(3) An arbitration panel shall, when it completes an investigation under paragraph (1) at its discretion, hear parties' opinions on the results thereof.
(4) An arbitration panel shall, when it have a party or a witness give testimony or an expert provide an expert opinion under paragraph (1), require the party, witness, or expert to take an oath.
(5) An arbitrator or a public official of the committee who performs the duty under paragraph (1) 4 shall carry with him/her identification indicating his/her authority to produce it to relevant persons.
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 Article 99 (Effect of Arbitration)   print
An arbitration award decided by an arbitration panel shall be deemed as an agreement between parties on the terms and conditions identical with those of the arbitration award, if both parties or one party fails to file a lawsuit for the claims that have given rise to a dispute on the building project brought for the arbitration within 60 days from the date the original statement of arbitration was delivered to the parties or if such lawsuit is voluntarily dismissed.
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 Article 100 (Interruption of Prescriptions)   print
In determining whether a prescriptive period is interrupted and the deadline for filing a lawsuit, an application for arbitration shall be deemed a claim filed for a trial with a court at the time when a party files a lawsuit in protest against the arbitration award.
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 Article 101 (Transfer for Conciliation)   print
Upon receiving an application for arbitration of a case, the competent specialized committee for conciliation of building disputes may, at its discretion, initiate the proceedings for conciliation of the case, if it is deemed appropriate to settle the case by conciliation. <Amended by Act No. 9594, Apr. 1, 2009>
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 Article 102 (Liability for Expenses)   print
(1) Each party to a case shall be liable to pay the expenses incurred in appraisal, examination, testing, and similar, in proportion to the rate agreed to by the parties to the case: Provided, That the conciliation panel or the arbitration panel may determine the rate for sharing expenses, if the parties fail to reach agreement on the rate.
(2) A conciliation panel or an arbitration panel may, if deemed necessary, require parties to a case to deposit a certain amount of money to cover the expenses under paragraph (1), as prescribed by Presidential Decree.
(3) As regards the extent of the expenses under paragraph (1), the matters over which the central specialized committee for conciliation of building disputes has jurisdiction shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, while the matters over which a local specialized committee for conciliation of building disputes has jurisdiction shall be prescribed by municipal ordinance of the competent City/Do. <Amended by Act No. 9594, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
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 Article 103 (Secretariat)   print
(1) The committee may have a secretariat that shall carry out the administrative affairs for the committee.
(2) The committee shall have examiners who engage in one of the following administrative affairs:
1. To investigate facts as may be necessary for conciliation, etc. of a dispute and discover the causal relations thereof;
2. To determine damage and losses and to research and develop the standards for determining damage and losses;
3. Other affairs determined by the committee chairperson.
(3) In order to manage the matters that require expertise in connection with a specific case, the committee chairperson may commission competent specialists to carry out the administrative affairs under subparagraphs of paragraph (2).
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 Article 104 (Procedures for Conciliation, etc.)   print
Necessary matters concerning the method and procedures for conciliation, etc. of disputes shall be prescribed by Presidential Decree, in addition to those provided for in Articles 88 through 103.
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 Article 105 (Legal Fiction for Penalty Provisions Applicable to Public Officials)   print
Any of the following persons shall be deemed a public official, although he/she is not actually a public official, for the purposes of Articles 129 though 132 of the Criminal Act and Articles 2 and 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes: <Amended by Act No. 9594, Apr. 1, 2009>
1. A person who carries out an on-site survey, inspection, or confirmation as an agent under Article 27;
2. A building instructor under Article 37;
3. An executive or employee of an accrediting institution under Article 65 (2);
4. An executive or employee of an institution or organization under Article 82 (4);
5. A member of a specialized committee for conciliation of building disputes under Article 89.
CHAPTER X PENALTY PROVISIONS
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 Article 106 (Penalty Provisions)   print
(1) A person shall be punished by imprisonment for not more than ten years, if he/she violates Article 23, 24 (1), or 25 (2) while performing planning and design works, construction works, or works for supervision of a project and if his/her poor performance of such works causes serious damages or destruction to the foundation and main structural sections of a public use building during the warranty period under Article 28 of the Framework Act on the Construction Industry after the commencement of the project.
(2) A person who commits a crime under paragraph (1), causing the death or injury of another person shall be punished by imprisonment for life or for not less than three years.
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 Article 107 (Penalty Provisions)   print
(1) A person who commits a crime under Article 106 (1) by his/her malpractice in the course of performing his/her duty shall be punished by imprisonment, with or without labor, for not more than five years, or by a fine not exceeding 50 million won.
(2) A person who commits a crime under Article 106 (2) by his/her malpractice in the course of performing his/her duty shall be punished by imprisonment, with or without labor, for not more than ten years, or by a fine not exceeding 100 million won.
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 Article 108 (Penalty Provisions)   print
(1) A person shall be punished by imprisonment for not more than three years or by a fine not exceeding 50 million won, if he/she is a project owner or contractor who has erected or substantially repaired a building, or has changed the specific use of a building in an urban area in violation of Article 11 (1), 19, 47, 55, 56, 58, 60, or 61.
(2) Both imprisonment and a fine may be imposed concurrently in cases under paragraph (1).
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 Article 109 (Penalty Provisions)   print
A person who makes any misrepresentation in filing a report under Article 27 (2) shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won.
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 Article 110 (Penalty Provisions)   print
Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won: <Amended by Act No. 9049, Mar. 28, 2008; Act No. 9103, Jun. 5, 2008; Act No. 11057, Sep. 16, 2011>
1. A project owner or contractor who has erected or substantially repaired a building, or has changed the use of a building in any area, other than an urban area, in violation of Article 11 (1), 19, 47, 55, 56, 58, 60, or 61;
2. A project owner or contractor who violates any provision of Article 16, 21 (3), 22 (3), or 25 (6);
3. A project owner or contractor who has erected a temporary building or a structure without obtaining a permit under Article 20 (1) or filing a report under Article 83;
4. Any of the following persons:
(a) A person who has someone carry out construction works without appointing a project supervisor in violation of the former part of Article 25 (1);
(b) A person who appoints a contractor him/herself or his/her affiliate as a project supervisor in violation of the latter part of Article 25 (1);
5. A person who has not complied, in violation of Article 25 (2), with a request made by a project supervisor for corrective measures or reconstruction or who has continued a project in defiance of a request made by a project supervisor for suspension of a project;
6. A person who has failed to submit an interim report on supervision or a report on completion of supervision without justifiable grounds in violation of Article 25 (5) or who has prepared and submitted a false report;
7. An owner or manager of a building, who violates Article 35;
8. A project owner or contractor who violates Article 40 (4);
9. An architect, a project supervisor, a contractor, or a related specialized engineer under Article 67, who violates Article 48;
9-2. An architect, a project supervisor or a contractor, who violates Article 50-2 (1);
10. A contractor who fails to use materials that do not cause any limit to the prevention of fire under Article 52, or an architect or project supervisor who is responsible for using such materials;
11. An architect, a project supervisor, a contractor, or a related specialized engineer under Article 67, who violates Article 62.
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 Article 111 (Penalty Provisions)   print
Any of the following persons shall be punished by a fine not exceeding two million won: <Amended by Act No. 9437, Feb. 6, 2009>
1. A person who fails to file a report or an application under Article 14, 20 (2), 21 (1), or 22 (1) or who makes any misrepresentation in filing such report or application;
2. An architect who fails to comply with a request for revising a plan and drawing in violation of Article 24 (3) without justifiable grounds;
3. A person who fails to prepare detailed shop drawings upon receiving a request from a project supervisor in violation of Article 24 (4) or who fails to comply with such shop drawings in carrying out construction works;
4. A constructor who violates Article 28 (1);
5. A project owner and constructor who violates Article 41 or 42;
6. A person who violates an order under Article 81 (1) and (5) or who violates paragraph (4) of the same Article;
7. and 8. Deleted. <by Act No. 9437, Feb. 6, 2009>
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 Article 112 (Joint Penalty Provisions)   print
(1) If a representative, an agent, an employee, or any other servant of a legal entity commits an offense under Article 106 in connection with the business of the legal entity, not only shall such offender be punished accordingly, but the legal entity shall also be punished by a fine not exceeding one billion won: Provided, That the same shall not apply to cases where the legal entity has not neglected to perform its duties of reasonable care and supervision over the business in order to prevent such offense.
(2) If an agent, an employee, or any other servant of a private individual commits an offense under Article 106 in connection with the business of the private individual, not only shall such offender be punished accordingly, but the private individual shall also be punished by a fine not exceeding one billion won: Provided, That the same shall not apply to cases where the private individual has not neglected to perform his/her duties of reasonable care and supervision over the business in order to prevent such offense.
(3) If a representative, an agent, an employee, or any other servant of a legal entity commits an offense under any provision of Articles 107 through 111 in connection with the business of the legal entity, not only shall such offender be punished accordingly, but the legal entity shall also be punished by a fine under the relevant provision: Provided, That the same shall not apply to cases where the legal entity has not neglected to perform its duties of reasonable care and supervision over the business in order to prevent such offense.
(4) If an agent, an employee, or any other servant of a private individual commits an offense under any provision of Articles 107 through 111 in connection with the business of the private individual, not only shall such offender be punished accordingly, but the private individual shall also be punished by a fine under the relevant provision: Provided, That the same shall not apply tp cases where the private individual has not neglected to perform his/her duties of reasonable care and supervision over the business in order to prevent such offense.
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 Article 113 (Administrative Fines)   print
(1) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 9437, Feb. 6, 2009>
1. Any person who fails to keep architectural plans and drawings in a project site in violation of Article 24 (2);
2. Any person who fails to place a signboard of building permit in violation of Article 24 (5).
(2) Any of the following persons shall be subject to an administrative fine not exceeding 300,000 won: <Newly Inserted by Act No. 9437, Feb. 6, 2009; Act No. 11182, Jan. 17, 2012>
1. Any project supervisor who fails to submit a report in violation of Article 25 (3);
2. Any person who fails to submit a report under Article 27 (2);
3. Any person who fails to file a report under Article 35 (2);
4. Any person who fails to file a report under Article 36 (1);
5. Any project owner or any owner who fails to submit a monitoring report to the competent permitting authority without justifiable grounds in violation of Article 75 (2) or who has submitted a monitoring report by false or fraudulent means;
6. Any project owner, owner or manager who fails to cooperate in the matters necessary for monitoring in violation of Article 77 (2);
7. Any person who has violated Article 79 (5);
8. Any person who fails to submit data or a report under Article 87 (1) or who has submitted false data or a false report.
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, Mayors/Do Governors, or heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended by Act No. 9437, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013>
(4) Deleted. <by Act No. 9437, Feb. 6, 2009>
(5) Deleted. <by Act No. 9437, Feb. 6, 2009>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 (62) of the Addenda shall enter into force on April 7, 2008; those of Article 13 (43) of the Addenda on April 11, 2008; those of Article 13 (5) of the Addenda on June 8, 2008; those of Article 13 (70) of the Addenda on June 28, 2008; those of Article 22 (4) 4 above on August 28, 2008; those of Article 69 (2) 5 above on September 22, 2008; and those of Article 13 (67), (68), and (69) of the Addenda on December 28, 2008, respectively.
Article 2 (Transitional Measures for Enforcement Date)
Until the amended provisions of Articles 22 (4) 4 and 69 (2) 5 enter into force pursuant to the proviso to Article 1 of Addenda, the former provisions of Articles 18 (4) 6 and 60 (2) 5 through 7 corresponding to the amended provisions shall remain effective.
Article 3 (Transitional Measures for Height of Buildings in Combined Complexes)
As to the combined complexes under subparagraph 5 of Article 2 of the former Balanced Regional Development and Support for Local Small and Medium Enterprises Act (referring to the one in force before the Partial Amendment (Act No. 7695) to the Balanced Regional Development and Support for Local Small and Medium Enterprises Act) in force as of the date this Act enters into force, the former relevant provisions shall apply, notwithstanding the amended provisions of Article 61 (3) 3.
Article 4 (Transitional Measures for Building Standards, etc.)
In applying the building standards, etc. to the cases for which a building permit has been granted, an application for building permit has been filed, or a report on a building project has been filed before May 9, 2006, which corresponds to the date the Amendment (Act No. 7696) to the Building Act (hereinafter referred to as the "former Act") enters into force, the former provisions shall apply: Provided, That the amended provisions (excluding Article 21 (4)) shall apply in cases where the former provisions are more disadvantageous to a project owner, contractor, or project supervisor than the amended provisions.
Article 5 (Transitional Measures for Application, etc. for Building Permit)
In cases where a building is under construction without obtaining a building permit or filing a report on the building project at the time the former Act was in force because it was allowed by the former provisions to erect such building without such permit or report, it shall be deemed that a building permit for the project has been obtained or a report on the building project has been filed in accordance with the amended provisions of Article 11 (1) or 14 (1).
Article 6 (Transitional Measures for Safety Control, etc. of Project Sites)
(1) Every permitting authority shall, when he/she becomes aware that a project site for which a building permit granted at the time the former Act was in force and which has a total floor area of 5,000 square meters or more undermines the urban view and causes hazards to safety because it has been abandoned for one year or longer, issue an order to take measures for improvement pursuant to the amended provisions of Article 13 (5).
(2) If an order for improvement under paragraph (1) has not been complied with, necessary measures for such improvement shall be carried out vicariously pursuant to the amended provisions of Article 13 (6), the expenses required for such vicarious execution shall be imposed on the project owner to pay it at the time when he/she files an application for inspection for use of the building, and the letter of approval on the use shall be issued after the expenses are paid.
Article 7 (Transitional Measures for Approval on Use of Building)
As to the building for which an application for approval on the use was filed at the time when the former Act was in force, the former provisions shall apply, notwithstanding the amended provisions of Article 22.
Article 8 (Transitional Measures for Conciliation of Disputes on Building Projects)
The disputes on building projects filed at the time when the former Act was in force shall be addressed by the competent building dispute conciliation committee under the former provisions (or the competent local building dispute conciliation committee composed pursuant to the amended provisions of Articles 88 and 89 for the cases over which a City/Do conciliation committee has jurisdiction pursuant to the former provisions), notwithstanding the amended provisions of Article 88 (2): Provided, That the competent building dispute conciliation committee under the former provisions may, if it is necessary for the building dispute conciliation committee under the amended provisions of Article 88 (2), to handle a case, transfer the case to the competent building dispute conciliation committee.
Article 9 (Transitional Measures for Charges for Compelling Performance)
As to the procedures for collecting charges for compelling the performance imposed at the time when the former Act was in force and filing an objection against such penalty, the provisions in force before they were amended pursuant to the former Act shall apply, notwithstanding the amended provisions of Article 80.
Article 10 (Transitional Measures for Reporting on Building Projects, etc.)
(1) In applying the building standards, etc. to the cases for which a building permit was granted, an application for building permit was filed, or a report on a building project was filed before July 4, 2007, which corresponds to the date the partial Amendment (Act No. 8219) to the Building Act entered into force, the former provisions shall apply: Provided, That the amended provisions shall apply in cases where the former provisions are more disadvantageous to a project owner, contractor, or project supervisor than the amended provisions.
(2) As to the buildings for which a report on the building project was filed before July 4, 2007, which corresponds to the date the partial Amendment (Act No. 8219) to the Building Act entered into force, the former provisions shall apply, notwithstanding the amended provisions of Article 14 (3).
(3) If a person on whom the charge for compelling the performance was imposed before January 3, 2007, which corresponds to the date Article 69-2 (6) of the partial Amendment (Act No. 8219) to the Building Act entered into force, has not paid until the time limit for the payment, such charge for compelling the performance may be collected in accordance with the amended provisions of Article 80 (6).
Article 11 (General Transitional Measures for Dispositions, etc.)
An act performed by or against an administrative agency in accordance with the former provisions as of the date this Act enters into force shall be deemed to be an act performed by or against the administrative agency in accordance with the amended provisions corresponding to the former provisions.
Article 12 (Transitional Measures for Penalty Provisions and Administrative Fines)
In applying a penalty provision or a provision relevant to an administrative fine against an act committed before the date this Act enters into force, the former relevant provision shall apply.
Article 13 Omitted.
Article 14 (Relations with other Acts and Subordinate Statutes)
A citation of the former Building Act or any provision thereof by any other Act and subordinate statute in force at the time when this Act enters into force, if any, shall be deemed to be a citation of this Act or a corresponding provision of this Act in lieu of the former provision, if such corresponding provision exists herein.
ADDENDUM <Act No. 9049, Mar. 28, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9071, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 9103, Jun. 5, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9384, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 9437, Feb. 6, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9594, Apr. 1, 2009>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Conciliation, etc. of Disputes on Building Projects) Disputes on building projects for which an application has been filed as at the time this Act enters into force shall be dealt with by the competent committee for conciliation of disputes on building projects under the former provisions notwithstanding the amended provisions of this Act.
(3) Omitted.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9858, Dec. 29, 2009>
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) (Applicability concerning Use of Finishing Materials for Building Outside) The amended provisions of Article 52 (2) shall apply to an application for a building permit or the building report filed on or after the date this Act enters into force.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10755, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicable Example concerning Term of Validity of Deliberation of Building Committee
The amended provisions of Article 11 (10) shall be applicable from a case which undergoes the deliberation of a building committee under Article 4 (1) for the first time after this Act enters into force.
ADDENDA <Act No. 10764, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11057, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicable Example concerning Examination of Safety of Structure)
The amended provisions of Article 48 (3) shall be applicable from a case for which the application for a building permit or a building report is filed for the first time after this Act enters into force.
Article 3 (Applicable Example concerning Installation of Egress Safety Zones, etc.)
The amended provisions of Article 50-2 (1) shall be applicable from a case for which the application for a building permit is filed for the first time after this Act enters into force.
ADDENDUM <Act No. 11182, Jan. 17, 2012>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 11 (4) shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11365, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11495, Oct. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11599, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11763, May 10, 2013>
This Act shall enter into force on the date of its promulgation.