Restitution Of Excess Rebuilding


Published: 2013-03-23

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 Article 1 (Purpose)   print
The purpose of this Act is to achieve the stabilization of housing prices and social equality and to contribute to the sound growth of the national economy and social integration by recapturing excess gains made from housing rebuilding projects under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as "rebuilding projects").
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. The term "excess rebuilding gains" means the amount calculated pursuant to Article 7 as an increase in the value of housing reverted to the relevant rebuilding association or the members of the rebuilding association in excess of a normal increase in housing prices, due to a rebuilding project;
2. The term "normal increase in housing prices" means the amount calculated pursuant to Article 10;
3. The term "rebuilding charges" means the amount that the Minister of Land, Infrastructure and Transport imposes and collects in accordance with this Act of the excess rebuilding gains;
4. The term "housing subject to imposition at the time of commencement" means housing that become objects of a housing rebuilding project under subparagraph 2 (c) of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents at the time imposition commences under Article 8: Provided, That this shall not apply to housing owned by the State or a public institution, etc. as prescribed by Presidential Decree;
5. The term "housing subject to imposition at the time of completion" means housing built by a housing rebuilding project under subparagraph 2 (c) of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents at the time imposition completes under Article 8: Provided, That this shall not apply to housing owned by the State or a public institution, etc. as prescribed by Presidential Decree.
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 Article 3 (Recapture of Excess Rebuilding Gains)   print
The Minister of Land, Infrastructure and Transport shall recapture excess rebuilding gains made from a rebuilding project as rebuilding charges, under conditions prescribed by this Act. <Amended by Act No. 8852, Feb. 29, 2008; Amended by Act No. 11690, Mar. 23, 2013>
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 Article 3-2 (Provisional Special Cases for Rebuilding Charges Exemption)   print
Notwithstanding Article 3, any rebuilding project subject to the imposition of rebuilding charges under Article 5 that files an application for the authorization of a management and disposal plan under Article 48 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents until December 31, 2014 shall be exempted from the rebuilding charges.
[This Article Newly Inserted by Act No. 11589, Dec. 18, 2012]
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 Article 4 (Distribution of Recaptured Money)   print
(1) 50 percent of rebuilding charges recaptured pursuant to Article 3 shall be reverted to the State, 20 percent thereof to the relevant Special Metropolitan City, Metropolitan City, or Do, 50 percent thereof to Special Self-Governing City, or Special Self-Governing Province, and 30 percent thereof to the relevant Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), respectively. <Amended by Act No. 11589, Dec. 18, 2012>
(2) The rebuilding charges reverted to the State pursuant to paragraph (1) shall go to the National Housing Fund established pursuant to Article 60 of the Housing Act (hereinafter referred to as the "National Housing Fund").
(3) The rebuilding charges reverted to a local government shall be reverted to the Urban and Residential Environment Rearrangement Fund established pursuant to Article 82 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban and Residential Environment Rearrangement Fund"), special accounts for urban renewal acceleration established pursuant to Article 24 of the Special Act on the Promotion of Urban Renewal (hereinafter referred to as "special accounts for urban renewal acceleration"), or special accounts of national housing projects established pursuant to Article 73 of the Housing Act (hereinafter referred to as "special accounts of national housing project").
(4) The Minister of Land, Infrastructure and Transport shall provide the Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos and Special Self-Governing Province, and Sis/Guns/Gus with 50 percent of the funds reverted to the National Housing Fund pursuant to paragraph (2), respectively, as funds for the Urban and Residential Environment Rearrangement Fund managed by a local government, special accounts for urban renewal acceleration, or special accounts of national housing projects in consideration of the following matters, and specific procedures and standards for support and other necessary matters shall be prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11589, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013>
1. A level of the establishment of residential infrastructure of each local government
2. The results of evaluation of the actual conditions of residential welfare and efforts for the promotion of residential welfare of each local government;
3. Other matters prescribed by Presidential Decree.
(5) Where necessary, the Minister of Land, Infrastructure and Transport may require the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of Special Self-governing City, a Do Governor, the Governor of 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) to report a management plan for and the conditions of management of the Urban and Residential Environment Rearrangement Fund, special accounts for urban renewal acceleration and special accounts of national housing projects. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11589, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013>
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 Article 5 (Projects Subject to Imposition of Rebuilding Charges)   print
A housing rebuilding project under subparagraph 2 (c) of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall be subject to imposition of rebuilding charges.
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 Article 6 (Payment Obligors)   print
(1) An association established in order to undertake a rebuilding project pursuant to Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall be obligated to pay rebuilding charges, as prescribed by this Act: Provided, That in any of the following cases, the members of an association who have purchased housing subject to imposition at the time of completion (hereinafter referred to as "members"; where an association is dissolved, referring to the members of an association at the time of completion of imposition) shall pay rebuilding charges pursuant to paragraph (2):
1. Where the association is dissolved;
2. Where the association is short of funds, even though it appropriates its property for rebuilding charges, additional dues, etc. imposed on or payable by the association.
(2) A rebuilding association obligated to pay rebuilding charges pursuant to paragraph (1) shall decide upon the estimated amount of rebuilding charges under Article 14 to be paid by each member and the standard amount and apportionment ratio for rebuilding charges decided upon and imposed pursuant to Article 15 for each member, in consideration of matters prescribed by Presidential Decree, such as the value of the former assets appraised for each member, etc., and specify them in a plan of management and disposition.
(3) Liability for the second payment by the members of an association under the proviso to paragraph (1) shall be limited to the amount calculated by applying the apportionment ratio in a plan of management and disposition under paragraph (2) among rebuilding charges calculated pursuant to Article 12.
(4) The provisions of Articles 23 through 25-2 and 38 through 41 of the Framework Act on National Taxes shall apply mutatis mutandis to the succession to liability for payment of rebuilding charges and liability for joint payment.
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 Article 7 (Standards for Imposition)   print
A standard amount for imposition of rebuilding charges shall be the remainder from deducting the sum of the following amounts from the sum of the prices of housing subject to imposition at the time of completion (provided, that the value of housing at the time of completion of housing for general sale among houses subject to imposition shall be the sum of the prices of sale of housing at the time of sale of housing; hereinafter referred to as "value of housing at the time of completion"):
1. The sum of the prices of housing subject to imposition at the time of commencement (hereinafter referred to as "value of housing at the time of commencement");
2. The sum of the normal increases in prices of housing subject to imposition at the time of commencement during the period of imposition;
3. Development costs, etc. under Article 11.
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 Article 8 (Base Date, etc.)   print
(1) The base date for commencement of imposition shall be the date the association establishment promotion committee organized for the first time for the relevant housing rebuilding project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as “promotion committee”) is approved: Provided, That where all or part of a housing rebuilding project subject to imposition falls under any of the following subparagraphs, the date falling under any of the following subparagraphs shall be the base date for commencement of imposition:
1. In cases of a housing rebuilding project for which the establishment of an association was approved before July 1, 2003, the date of first approval for establishment of the association;
2. Where promotion committees or rebuilding associations are merged, the date of approval of the first promotion committee or the date of approval of the first rebuilding association;
3. Any other date prescribed by Presidential Decree.
(2) Notwithstanding the provisions of paragraph (1), where a period from the time for the commencement of imposition to the time for the completion of imposition is over ten years, the date that falls ten years from the time for the completion of imposition by calculating back from the time for the completion of imposition shall be the time for the commencement of imposition.
(3) The time for the completion of imposition shall be the date of approval for the completion of the relevant housing rebuilding project: Provided, That where all or any part of a housing rebuilding project subject to imposition falls under any of the following subparagraphs, the date that falls under any of the following subparagraphs shall be the time for the completion of imposition:
1. The date the completion of a housing rebuilding project is partially approved under the related Acts and subordinate statutes;
2. The date the use of a building is commenced with approval from a related administrative agency, etc.;
3. Any other date prescribed by Presidential Decree.
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 Article 9 (Calculation of Housing Prices)   print
(1) The value of housing as at the time of commencement under Article 7 shall be the value calculated by reflecting the normal increases in prices of housing from the base date for a public notice to the time of commencement in the sum of housing prices subject to imposition publicly noticed (where there are no housing prices publicly noticed, referring to housing prices as at the time of commencement of imposition calculated by the Minister of Land, Infrastructure and Transport according to the procedures prescribed in paragraph (2)) in accordance with the Public Notice of Values and Appraisal of Real Estate Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The value of housing as at the time of completion under Article 7 shall be the value that the Minister of Land, Infrastructure and Transport decides upon after he/she investigates and calculates the sum of housing prices as at the time of completion by requesting an institution specialized in investigation and calculation of real estate prices (hereinafter referred to as "institution specialized in investigation of real estate prices") prescribed by Presidential Decree to do the job and the Real Estate Appraisal Committee under the Public Notice of Values and Appraisal of Real Estate Act (hereinafter referred to as the "Real Estate Appraisal Committee") deliberates the sum. In such cases, housing prices as at the time of completion calculated in accordance with the provision of the main sentence shall be deemed housing prices publicly noticed pursuant to Articles 16 and 17 of the Public Notice of Values and Appraisal of Real Estate Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 10 (Calculation of Normal Increases in Housing Prices)   print
(1) The normal increases in housing prices under subparagraph 2 of Article 7 shall be calculated by multiplying the value of housing as at the time of commencement under Article 9 by the higher rate between the rate of interest on a fixed deposit noticed publicly by the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree and the average rate of increase in housing prices in a Special Self-Governing City/Special Self-Governing Province/Si/Gun/Gu where the site of the relevant rebuilding project is located by the time of completion. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11589, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013>
(2) The average rate of increase in housing prices under paragraph (1) shall be calculated by making use of statistics on housing prices prepared by a trustee of the Fund with approval from the Korea National Statistical Office entrusted by the Minister of Land, Infrastructure and Transport pursuant to Article 87 of the Housing Act: Provided, That the Minister of Land, Infrastructure and Transport shall determine the average rate of increase in housing prices for the period before statistics on housing prices of a Special Self-Governing City/Special Self-Governing Province/Si/Gun/Gu are collected after he/she makes an investigation and calculation by requesting an institution specialized in investigation of real estate prices to do so in consideration of the rate of fluctuation in standard market prices of the relevant Special Self-Governing City/Special Self-Governing Province/Si/Gun/Gu, the rate of increase in housing prices approved by the Korea National Statistical Office of a metropolitan government where the relevant Special Self-Governing City/Special Self-Governing Province/Si/Gun/Gu is located, etc., subject to the deliberation by the Real Estate Appraisal Committee. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11589, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013>
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 Article 11 (Calculation of Development Costs, etc.)   print
(1) Development costs under subparagraph 3 of Article 7 shall be calculated by adding up each of the following amounts disbursed in connection with the undertaking of the relevant housing rebuilding project: <Amended by Act No. 11589, Dec. 18, 2012>
1. The cost of construction, fees for design and supervision, incidental expenses and other expenses;
2. Taxes and public charges that an payment obligor pays to the State or a local government in accordance with the provisions of the related Acts and subordinate statutes and the conditions of approval, etc.;
3. Where an payment obligor provides the State or a local government with public facilities or land, etc., or donates the same to the State or a local government in accordance with the provisions of the related Acts and subordinate statutes or the conditions of approval, etc., the value thereof: Provided, That this shall not apply to cases where the floor area ratio is relaxed in return therefor in accordance with the National Land Planning and Utilization Act and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents ;
4. Deleted; <by Act No. 11589, Dec. 18, 2012>
5. Other matters prescribed by Presidential Decree.
(2) Necessary matters concerning the methods of calculation under the subparagraphs of paragraph (1), etc. shall be prescribed by Presidential Decree.
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 Article 12 (Rate of Imposition)   print
The amount of rebuilding charges that a payment obligor should pay shall be the amount calculated by applying the following rates of imposition to the amount given by dividing excess rebuilding gains calculated pursuant to Article 7 by the number of members of the relevant association:
1. Where average gains of the members of the association per person do not exceed 30 million won: Exempted;
2. Where average gains of the members of the association per person are more than 30 million won but not more than 50 million won: ten percent of the amount exceeding 30 million won × the number of the members of the association;
3. Where average gains of the members of the association per person are more than 50 million won but not more than 70 million won: 2 million won × the number of the members of the association + 20 percent of the amount exceeding 50 million won × the number of the members of the association;
4. Where average gains of the members of the association per person are more than 70 million won but not more than 90 million won: 6 million won × the number of the members of the association + 30 percent of the amount exceeding 70 million won × the number of the members of the association;
5. Where average gains of the members of the association per person are more than 90 million won but not more than 110 million won: 12 million won × the number of the members of the association + 40 percent of the amount exceeding 90 million won × the number of the members of the association;
6. Where average gains of the members of the association per person exceed 110 million: 20 million won × the number of the members of the association + 50 percent of the amount exceeding 110 million won × the number of members of the association;
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 Article 13 (Recognition of Amount of Capital Gains Tax as Development Costs)   print
(1) Where a capital gains tax is imposed on income generated by transfer of a house subject to imposition at the time of commencement (including a site; hereinafter the same shall apply) after the time of commencement of imposition under Article 8 (1) before this Act enters into force, notwithstanding the provisions of Article 11, the tax amount corresponding to the period from the time of commencement of imposition to the time of transfer, of the amount of the relevant capital gains tax, may be appropriated for development costs under the same Article. In such cases, a payment obligor shall include the amount of the capital gains tax that he/she intends to get deducted for and the grounds for the calculation thereof in a detailed statement of calculation of the deduction of the amount to be borne to be submitted pursuant to Article 20.
(2) A method of assessing the amount of a capital gains tax appropriated for development costs pursuant to paragraph (1) shall be prescribed by Presidential Decree.
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 Article 14 (Notification, etc. of Estimated Amount of Rebuilding Charges)   print
(1) A payment obligor shall submit materials for the calculation of rebuilding charges under this Act to the Minister of Land, Infrastructure and Transport within three months from the date of public notice of approval for the undertaking of a project, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where a construction contractor is not selected within three months from the date of public notice of approval for the undertaking of a project, the deadline for submission of materials shall be extended by up to one month from the date of conclusion of a contract with a construction contractor. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport shall notify a payment obligor of the standards for imposition of rebuilding charges and the estimated amount thereof within 30 days from the date he/she receives materials pursuant to paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 15 (Determination and Imposition of Rebuilding Charges)   print
(1) The Minister of Land, Infrastructure and Transport shall decide upon and impose rebuilding charges within four months from the time of completion of imposition: Provided, That where a payment obligor requests the Minister to make an examination prior to giving notice pursuant to Article 16 (1), the Minister shall decide upon and impose rebuilding charges within one month from the date of written notification of the result thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Where the Minister of Land, Infrastructure and Transport intends to decide and impose rebuilding charges pursuant to paragraph (1), he/she shall notify a payment obligor of the standards for imposition and rebuilding charges in advance, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 16 (Request for Examination Prior to Notification, etc.)   print
(1) Where a payment obligor notified of rebuilding charges pursuant to Article 15 objects to such rebuilding charges, he/she may request the Minister of Land, Infrastructure and Transport to examine such rebuilding charges within 50 days from the date he/she is notified in advance (hereinafter referred to as "examination prior to notification"). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Where a payment obligor intends to request an examination prior to notification, he/she shall submit a request for examination prior to notification in which matters prescribed by Presidential Decree are stated to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport in receipt of a request for examination prior to notification pursuant to paragraph (1) shall examine the rebuilding charges at issue within 30 days from the date of such request and notify the claimant of the result thereof in writing by stating matters prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Where the request for examination prior to notification under paragraph (1) relates to Articles 9 and 10, the Minister of Land, Infrastructure and Transport shall recalculate and impose rebuilding charges after verification by an institution specializing in investigation of real estate prices and deliberation by the Real Estate Appraisal Committee. In such cases, notwithstanding the provisions of paragraph (3), he/she may extend the period of examination by up to 60 days. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 17 (Payment of Rebuilding Charges)   print
(1) A payment obligor shall pay rebuilding charges within six months from the date of imposition.
(2) Rebuilding charges shall be, in principle, paid in cash; however, payment by housing built and supplied by the relevant housing rebuilding project (hereinafter referred to as "payment in kind") may also be recognized. <Amended by Act No. 11589, Dec. 18, 2012>
(3) The value of housing paid in kind pursuant to paragraph (2) shall be calculated by applying Article 9 mutatis mutandis, and detailed standards and procedures for payment in kind and other necessary matters shall be prescribed by Presidential Decree.
(4) Notwithstanding the provisions of Article 4, housing paid in kind pursuant to paragraph (2) shall be reverted to the National Housing Fund, and the Minister of Land, Infrastructure and Transport shall manage housing paid in kind so that they may contribute to improving housing security and stabilizing the housing market. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 18 (Collection, etc. of Rebuilding Charges)   print
Except as prescribed by this Act, Articles 15 through 17, 19 through 23 and 26 of the Restitution of Development Gains Act shall apply mutatis mutandis to the payment and collection of rebuilding charges, such as notification of payment of rebuilding charges, the extension of payment, payment in installments, methods of collection, special cases on administrative appeal, etc.: Provided, That Article 12 of the National Tax Collection Act shall apply mutatis mutandis to notification of payment to the members of an association liable for the second payment. <Amended by Act No. 9045, Mar. 28, 2008>
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 Article 19 (Prior Collection and Deposit of Rebuilding Charges)   print
(1) A payment obligor may collect all or some of the estimated amount of rebuilding charges under Article 14 from the members of an association in advance according to a plan of management and disposition.
(2) A payment obligor may collect rebuilding charges in advance and deposit them only in an account designated by the Minister of Land, Infrastructure and Transport pursuant to paragraph (1), and necessary matters concerning the opening and management of the account, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Where a payment obligor intends to collect and deposit rebuilding charges in advance pursuant to paragraph (1), he/she shall give the members of an association notice for payment specifying matters prescribed by Presidential Decree, such as standards for apportionment of charges for each member, the estimated amount of charges, the account number, etc.
(4) The Minister of Land, Infrastructure and Transport may impose rebuilding charges after subtracting the amount calculated by adding interest equivalent to double the rate of interest on a fixed deposit announced publicly pursuant to Article 10 to the amount deposited prior to imposition pursuant to paragraph (2) from rebuilding charges decided upon pursuant to Article 15, and specific matters, such as a method of calculating interest, etc., shall be prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 20 (Obligation to Submit Materials)   print
A payment obligor shall submit a detailed statement necessary for the calculation of development costs, etc. under Article 11 and the deduction of the amount to be borne under Article 13 to the Minister of Land, Infrastructure and Transport according to the following classification within one month following the completion of imposition, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Where final approval on the completion of the project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents has been issued;
2. In cases under the subparagraphs of Article 8 (2).
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 Article 21 (Notification of Materials)   print
(1) An administrative agency that grants approval, etc. on a housing rebuilding project shall notify the Minister of Land, Infrastructure and Transport of such fact within 15 days from the date it grants such approval, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Where the Minister of Land, Infrastructure and Transport imposes rebuilding charges, he/she shall notify the Commissioner of the National Tax Service of matters concerning the project subject to rebuilding charges, the payment obligors, the amount imposed, the period of the project and the date of imposition, etc. within 15 days from the date of imposition, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 22 (Delegation, etc. of Authority)   print
(1) The Minister of Land, Infrastructure and Transport may delegate his/her authority regarding decision, imposition and collection of rebuilding charges under this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu may appropriate expenses incurred in decision, imposition and collection of rebuilding charges pursuant to paragraph (1) for rebuilding charges reverted to the relevant local government pursuant to Article 4.
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 Article 23 (Penal Provisions)   print
(1) A person who commits an act falling under any of the following subparagraphs for the purpose of evading or reducing rebuilding charges or for the purpose of having others evade or reduce rebuilding charges shall be punished by imprisonment for not more than three years or by a fine not exceeding three times the rebuilding charges he/she has evaded or reduced or intends to evade or reduce: <Amended by Act No. 9601, Apr. 1, 2009>
1. A person who enters into a false contract;
2. A person who submits a false statement under Article 20.
(2) If the representative of a corporation or an agent, an employee or any other worker of the corporation or an individual commits an offense under paragraph (1) regarding the business of the corporation or individual, not only the offender shall be punished but the corporation or individual shall also be punished by a fine under paragraph (1): Provided, That this shall not apply to cases where the corporation or individual has not neglected to exercise due diligence and supervision for the related business in order to prevent such offense. <Amended by Act No. 9601, Apr. 1, 2009>
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 Article 24 (Fines for Negligence)   print
(1) A person who fails or neglects to submit a detailed statement under Article 20 shall be punished by a fine for negligence falling under any of the following subparagraphs: <Amended by Act No. 9601, Apr. 1, 2009>
1. Where he/she fails or neglects to submit a detailed statement for a period (hereinafter referred to as "period of neglect") of not less than one month but less than two months from the expiration date: Not more than the amount equivalent to one percent of rebuilding charges;
2. Where a period of neglect is not less than two months but less than six months: Not more than the amount equivalent to two percent of rebuilding charges;
3. Where a period of neglect is not less than six months but less than 12 months: Not more than the amount equivalent to four percent of rebuilding charges;
4. Where a period of neglect is not less than 12 months: Not more than the amount equivalent to eight percent of rebuilding charges;
(2) The Minister of Land, Infrastructure and Transport shall impose and collect fines for negligence under paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9601, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
(3) through (5) Deleted. <by Act No. 9601, Apr. 1, 2009>
ADDENDA <Act No. 7959, May 24, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Article 2 (Transitional Measures)
(1) This Act shall apply with regard to a rebuilding project for which approval of a plan of management and disposition is filed for the first time on or after the date this Act enters into force.
(2) Charges for a project under paragraph (1) shall be calculated for the entire period of undertaking of the project including the period of undertaking of the project before this Act enters into force, and the amount corresponding to the period of undertaking of the project after this Act enters into force shall be imposed, apportioning based on the date this Act enters into force.
(3) A payment obligor who has obtained approval for the undertaking of a project as of the date this Act enters into force shall submit materials necessary for the calculation of rebuilding charges to the Minister of Land, Transport and Maritime Affairs within one month from the date this Act enters into force pursuant to Article 14.
Article 3 (Special Cases concerning Collection of Rebuilding Charges)
Notwithstanding the provisions of Article 3, the Minister of Land, Transport and Maritime Affairs shall not collect rebuilding charges from a project for which approval of a plan of management and disposition under Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents has been filed by June 30, 2009, among housing rebuilding projects subject to imposition of rebuilding charges under Article 5, executed in an area outside the Seoul Metropolitan area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act.
[This Article Newly Inserted by Act No. 9102, Jun. 5, 2008]
Article 4 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9045, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 9102, Jun. 5, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9601, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11589, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Provisional Special Cases for Rebuilding Charges Exemption)
The amended provision of Article 3-2 shall also apply to any project filing an application for authorization of management and disposal plans before this Act enters info force where rebuilding charges are not imposed to the project and four months have not passed from the time for the completion of imposition at the time this Act enters into force.
Article 3 (Applicability concerning Distribution of Recaptured Money)
The amended provision of Article 4 (1) shall begin applying to the rebuilding charges recaptured after this Act enters into force.
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.