Urban Development Act


Published: 2012-01-17

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to promote planned and systematic urban development, create a comfortable urban environment and promote public welfare by prescribing matters necessary for urban development.
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 Article 2 (Definitions)   print
(1) The definitions of terms used in this Act shall be as follows:
1. The term "urban development zone" means a zone, designated and publicly announced under Articles 3 and 9, within which to implement an urban development project;
2. The term "urban development project" means a project implemented to build a complex or town having functions, such as residence, commerce, industries, distribution, information and communications, ecology, culture, health and welfare in an urban development zone.
(2) The terms used in the National Land Planning and Utilization Act shall apply to this Act except as otherwise expressly provided in this Act.
CHAPTER II DESIGNATION, ETC. OF URBAN DEVELOPMENT ZONES
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 Article 3 (Designation, etc. of Urban Development Zones)   print
(1) When a planned urban development is deemed necessary, any of the following persons may designate an urban development zone: <Amended by Act No. 9044, Mar. 28, 2008; Act No. 9862, Dec. 29, 2009>
1. A Special Metropolitan City Mayor, a Metropolitan City Mayor, Do Governor or Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor");
2. The head of large cities, except for the Seoul Special Metropolitan City and the Metropolitan Cities, whose population is not less than 500,000 under Article 175 of the Local Autonomy Act (hereinafter referred to as the "head of a Large Si").
(2) Where an area required for an urban development project straddles on two or more Special Metropolitan Cities, Metropolitan Cities, Dos, Special Self-Governing Provinces (hereinafter referred to as "City/Do") or large cities, except for the Seoul Special Metropolitan City and the Metropolitan Cities, whose population is not less than 500,000 (hereinafter referred to as "Large Si" in this Article and Article 8) under Article 3 (3) of the Local Autonomy Act, the relevant Mayor/Do Governor or the head of a Large Si shall determine a person who will designate the urban development zone in consultation with one another. <Amended by Act No. 9044, Mar. 28, 2008; Act No. 9862, Dec. 29, 2009>
(3) The Minister of Land, Transport and Maritime Affairs may designate an urban development zone, notwithstanding paragraphs (1) and (2), if any of the following applies: <Amended by Act No. 9862, Dec. 29, 2009>
1. Where the State needs to implement an urban development project;
2. Where the head of the relevant central administrative agency issues a request;
3. Where the head of a public institution under Article 11 (1) 2 or the head of a government-funded institution under subparagraph 3 of the same paragraph makes a proposal for the designation of an urban development zone larger than the scale prescribed by Presidential Decree and closely related to the plan of the State;
4. Where consultation as referred to in paragraph (2) is not brought about;
5. Other cases prescribed by Presidential Decree.
(4) The head of a Si (excluding the head of a Large Si)/Gun (referring to the head of an autonomous Gu; hereinafter the same shall apply)/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may request the Mayor/Do Governor to designate an urban development zone as prescribed by Presidential Decree. <Amended by Act No. 9044, Mar. 28, 2008>
(5) Where he/she designates an urban development zone or makes a request for such designation under paragraph (1), matters necessary for the area subject to designation and the scale of its urban development zone, procedures for request and documents to be submitted, etc. shall be prescribed by Presidential Decree.
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 Article 3-2 (Dividing or Combining Urban Development Zones)   print
(1) Where any person who designates an urban development zone pursuant to Article 3 (hereinafter referred to as "designating authority") deems necessary for efficiently promoting an urban development project, protecting urban scenery, etc., he/she may divide an urban development zone into two or more project implementation districts or combine two or more areas separated from one another and then designate such areas as an urban development zone.
(2) Matters necessary for requirements and procedures for designating an urban development zone upon division or combination pursuant to paragraph (1) and other matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
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 Article 4 (Preparation and Modification of Development Plans)   print
(1) Where any designating authority intends to designate an urban development zone, it shall prepare an urban development project plan for the urban development zone (hereinafter referred to as "development plan"): Provided, That where it invites proposals for a development plan pursuant to paragraph (2), or designates an urban development zone in an area prescribed by Presidential Decree, it may prepare a development plan after designating an urban development zone. <Amended by Act No. 11068, Sep. 30, 2011; Act No. 11186, Jan. 17, 2012>
(2) Where necessary for promoting an urban development project in a creative and efficient manner, any designating authority may invite proposals for a development plan and reflect the selected proposal in the development plan, as prescribed by Presidential Decree. In such cases, where the selected proposer has qualifications provided in Article 11 (1), it may give priority in designating the selected proposer as an implementer. <Newly Inserted by Act No. 11186, Jan. 17, 2012>
(3) Any designating authority may modify a development plan directly or at the request of the head of a relevant central administrative agency or the head of a Si (excluding the head of a Large Si)/Gun/Gu made pursuant to Article 3 (3) 2 or paragraph (4) of the same Article or the implementer of an urban development project designated pursuant to Article 11 (1). <Amended by Act No. 9044, Mar. 28, 2008; Act No. 11186, Jan. 17, 2012>
(4) Where any designating authority intends to prepare a development plan for an urban development project by the replotting method, it shall obtain consent from landowners who own land equivalent to at least 2/3 of the land in the area to which the replotting method applies and consent from at least 1/2 of all landowners in the area. The same shall also apply where a development plan is to be modified (excluding any modification of insignificant matters prescribed by Presidential Decree) to implement a urban development project by the replotting method. <Amended by Act No. 11186, Jan. 17, 2012>
(5) If an implementer of an urban development project falls under Article 11 (1) 1 where the designating authority prepares or modifies a development plan to implement an urban development project by the replotting method, landowners' consent is not required, notwithstanding paragraph (4). <Amended by Act No. 11186, Jan. 17, 2012>
(6) Where any designating authority prepares or modifies a development plan to implement an urban development project fully by the replotting method, and where the implementer of the urban development project is an association under Article 11 (1) 6 and he/she submits the designating authority a development plan, the preparation or modification of which has passed a resolution by the consent of members of the association equivalent to at least 2/3 of the area of land of the urban development zone and of the members of the association equivalent to at least 1/2 of the total number of members of the association in such zone, at a general meeting after the association is organized, landowners' consent shall be deemed obtained, notwithstanding paragraph (4). <Amended by Act No. 11186, Jan. 17, 2012>
(7) Methods of calculating the number of consenters under paragraph (4), procedures for consent and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 11186, Jan. 17, 2012>
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 Article 5 (Contents of Development Plans)   print
(1) The following shall be included in each development plan: Provided, That matters referred to in subparagraphs 13 through 16 may be included in a development plan after the designation of an urban development zone: <Amended by Act No. 11068, Sep. 30, 2011>
1. The name, location and area of an urban development zone;
2. Purposes for which an urban development zone is designated and the period for implementation of an urban development project;
3. Where an urban development project is implemented after dividing an urban development zone into two or more project implementation districts or combining two or more areas separated from one another into a zone as prescribed in Article 3-2, matters concerning such division or combination;
4. Matters concerning an implementer of an urban development project;
5. The method of implementing an urban development project;
6. Plans for admitting the population;
7. Land utilization plans;
7-2. Land to be supplied as land retaining original features pursuant to Article 25-2 and direction-setting for development;
8. Traffic control plans;
9. Environmental conservation plans;
10. Plans for establishing health and medical facilities and welfare facilities;
11. Plans for building major infrastructure, such as roads, water supply and sewage system;
12. Funding plans;
13. Where infrastructure shall be built in an area outside an urban development zone, a plan to bear expenses incurred in building such infrastructure;
14. Where there are rights, other than ownership of land and buildings or fixtures thereon, to be expropriated or used, mining rights, fishing rights and rights to use water (hereinafter referred to as "land, etc"), a detailed list thereof;
15. Measures for stabilizing the dwelling and livelihood of tenants, etc., such as a rental housing construction plan;
16. Where a project needs to be promoted in a phased manner, such as phased development provided in Article 21-2, matters concerning plans, etc. to promote projects;
17. Other matters prescribed by Presidential Decree.
(2) Where any designating authority intends to prepare a development plan for an area for which a metropolitan plan or Urban/Gun master plan under the National Land Planning and Utilization Act has been prepared, it shall ensure that the contents of the development plan are in line with the relevant metropolitan plan or Urban/Gun master plan. <Amended by Act No. 10599, Apr. 14, 2011>
(3) Where any designating authority prepares a development plan after designating an urban development zone pursuant to the proviso to Article 4 (1), it shall prepare a plan for matters prescribed by Presidential Decree, such as the purposes of designation, method of implementation and plans for admitting the population when it designates the urban development zone.
(4) When any designating authority prepares a development plan for an urban development zone in excess of the scale prescribed by Presidential Decree, it shall endeavor to harmonize the functions of residence, production, education, distribution, amusement, etc. in the relevant zone with one another.
(5) Standards for, and methods of preparing a development plan shall be determined by the Minister of Land, Transport and Maritime Affairs.
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 Article 6 (Basic Surveys, etc.)   print
(1) When an implementer of an urban development project or a person who intends to be such implementer intends to designate an urban development zone or intends to make a request or a proposal for designation of an urban development zone, he/she may survey or investigate land, buildings, structures, dwelling, livelihood conditions, demand for housing and other necessary matters in the zone to be designated as an urban development zone, as prescribed by Presidential Decree. <Amended by Act No. 11068, Sep. 30, 2011>
(2) Any person who intends to conduct a survey or investigation pursuant to paragraph (1) may request the head of a relevant administrative agencies, a local government, a public institution under the Act on the Management of Public Institutions (hereinafter referred to as "public institution"), a government-funded institution and the head of any other relevant institution to submit necessary data. In such cases, the head of an institution in receipt of a request to submit data shall comply therewith in the absence of justifiable reasons to the contrary.
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 Article 7 (Hearing of Opinions of Inhabitants, etc.)   print
(1) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Large Si intends to designate an urban development zone (excluding where he/she designates it at the request of the head of a Si/Gun/Gu, other than the head of a Large Si) under Article 3, or the head of a Si/Gun/Gu, other than the head of a Large Si intends to request the designation of an urban development zone, he/she shall hear the opinions of the inhabitants or relevant experts, etc., and if opinions presented at the public inspection or public hearing are deemed appropriate, he/she shall reflect them. The same shall also apply when he/she intends to modify an urban development zone (excluding insignificant matters prescribed by Presidential Decree). <Amended by Act No. 9044, Mar. 28, 2008>
(2) Subject matter of public inspections or subject matter of holding of public hearings under paragraph (1) and matters necessary for the method of hearing the opinions of inhabitants, etc. shall be prescribed by Presidential Decree.
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 Article 8 (Review by Urban Planning Committee)   print
(1) If the designating authority intends to designate an urban development zone or intends to prepare a development plan under the proviso to Article 4 (1), it shall undergo a review by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act or a City/Do Urban Planning Committee under Article 113 (1) of the same Act or a Large Si Urban Planning Committee established in a Large Si after consultation with the head of the relevant administrative agency. The same shall also apply to any modification thereto: Provided, That the same shall not apply where it modifies insignificant matters prescribed by Presidential Decree. <Amended by Act No. 9044, Mar. 28, 2008>
(2) Where the designating authority designates an urban development zone to implement an urban development project pursuant to the district unit planning under Article 49 of the National Land Planning and Utilization Act, it shall not undergo a review by the Central Urban Planning Committee or the City/Do Urban Planning Committee or the Large Si Urban Planning Committee established in a Large Si. <Amended by Act No. 9044, Mar. 28, 2008>
(3) Where the designating authority consults with the relevant administrative agency under paragraph (1), and where the urban development zone to be designated falls under the cases prescribed by Presidential Decree including where the zone is larger than a certain scale or is related to the plan of the State, he/she shall consult with the Minister of Land, Transport and Maritime Affairs. <Newly Inserted by Act No. 9862, Dec. 29, 2009>
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 Article 9 (Announcement of Designation of Urban Development Zones)   print
(1) Where any designating authority designates an urban development zone or prepares a development plan under the proviso to Article 4 (1), it shall announce it in the Official Gazette or the official bulletin, as prescribed by Presidential Decree; the head of a Large Si, being the designating authority, shall make such documents available to the public, and any designating authority, other than the head of a Large Si, shall send a copy of the relevant documents to the head of a Si (excluding the head of a Large Si)/Gun/Gu having jurisdiction over the relevant urban development zone, and the Governor of a Special Self-Governing Province, being the designating authority, and the head of a Si (excluding the head of a Large Si)/Gun/Gu in receipt of the relevant documents shall make such documents available to the public. The same shall also apply to any modification thereto. <Amended by Act No. 9044, Mar. 28, 2008>
(2) Where an urban development zone is designated and announced, the urban development zone is deemed to be determined and announced as an urban area under the National Land Planning and Utilization Act and a district-unit planning zone prescribed by Presidential Decree: Provided, That the same shall not apply to an area designated as a district-unit planning zone under Article 51 (3) of the National Land Planning and Utilization Act or a settlement district under Article 37 (1) 8 of the same Act. <Amended by Act No. 10599, Apr. 14, 2011>
(3) Where the Mayor/Do Governor or the head of a Large Si has designated and announced an urban development zone, he/she shall notify the Minister of Land, Transport and Maritime Affairs of the details thereof. <Amended by Act No. 9044, Mar. 28, 2008>
(4) With regard to matters deemed to be determined and announced pursuant to paragraph (2), an announcement of a topographic map as to an Urban/Gun management plan under Article 32 of the National Land Planning and Utilization Act may be made during the period for implementation of an urban development project under Article 5 (1) 2, notwithstanding Article 33 of the same Act. <Amended by Act No. 10599, Apr. 14, 2011>
(5) Any person who intends to engage in conducts prescribed by Presidential Decree, such as constructing a building, installing a structure, changing the form and quality of land, collecting soil or stones, dividing land, piling up goods, lumbering or planting bamboo trees, shall obtain a permit from the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun in an area where a public announcement has been made to hear the opinions of residents, etc. for designating an urban development zone pursuant to Article 7 (1) or an urban development zone. The same shall also apply where he/she intends to modify matters permitted.
(6) The following conducts may be made without obtaining a permit, notwithstanding paragraph (5):
1. A conduct for taking an emergency measure necessary for disaster restoration or disaster control;
2. Other conducts prescribed by Presidential Decree.
(7) Any person who has commenced construction works or a project in relation to a conduct for which a permit has been granted or a conduct for which a permit is not required under the related Acts and subordinate statutes as at the time of the designation and announcement of an urban development zone as a conduct requiring a permit under paragraph 5, may continue to perform such construction works or project after having reported thereon to the Special Metropolitan City Mayor, Metropolitan City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun, as prescribed by Presidential Decree.
(8) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Governor of a Special Self-Governing Province and the head of a Si/Gun may issue an order to a person who violates paragraph (5) to restore to the original state. In such cases, where the person in receipt of the order fails to comply therewith, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Governor of a Special Self-Governing Province and the head of a Si/Gun may implement it on behalf of the person under the Administrative Vicarious Execution Act.
(9) Except as otherwise expressly provided in this Act, Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to a permit under paragraph (5).
(10) Where a permit is granted pursuant to paragraph (5), the permit is deemed granted pursuant to Article 56 of the National Land Planning and Utilization Act.
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 Article 10 (Cancellation of Designation of Urban Development Zones)   print
(1) The designation of an urban development zone is deemed cancelled on the day following the date prescribed by any of the following subparagraphs:
1. Where an application for authorization of an implementation plan under Article 17 is not filed by the day when three years has elapsed from the date of the designation and announcement of an urban development zone, the day when three years have elapsed; and
2. The day of the public announcement of the completion of works (in cases of a project by the replotting method, the disposition of such replotting) of an urban development project.
(2) Where a development plan is made after the designation of an urban development zone under the proviso to Article 4 (1) notwithstanding paragraph (1), it shall be deemed that the designation of the urban development zone has been cancelled on the day following the date prescribed by any of the following subparagraphs:
1. Where a development plan is not made and announced by the day when two years have elapsed from the date of designation and announcement of an urban development zone, the day when such two years have elapsed: Provided, That it shall be five years in cases where the area of an urban development zone is larger than the scale prescribed by Presidential Decree; and
2. Where an application for authorization of an implementation plan under Article 17 is not filed by the day when three years have elapsed from the date of working out and announcement of a development plan, the day when such three years have elapsed: Provided, That it shall be five years in cases where the area of an urban development zone is larger than the scale prescribed by Presidential Decree.
(3) Where the designation of an urban development zone is deemed cancelled under paragraph (1) or paragraph (2), it shall be deemed that a specific use area and a district unit planning zone under the National Land Planning and Utilization Act for such urban development zone have been restored to a specific use area and a district unit planning zone respectively before the designation of the relevant urban development zone or abolished: Provided, That in cases where the designation of an urban development zone is deemed to have been cancelled under paragraph (1) 2, it shall not be deemed that they have been restored or abolished.
(4) Where the designation of an urban development zone is deemed cancelled under paragraph (1), the designating authority shall announce it in the official gazette or the official bulletin as prescribed by Presidential Decree, the designating authority who is the head of a Large Si shall notify the head of the relevant administrative agency and make the relevant documents available to the public, the designating authority who is not the head of a Large Si shall notify the head of the relevant administrative agency and the head of a Si (excluding the head of a Large Si)/Gun/Gu having jurisdiction over the urban development zone. In such cases, the Governor of a Special Self-Governing Province who is the designating authority and the head of a Si (excluding the head of a Large Si)/Gun/Gu who have been notified under the main sentence shall make such documents available to the public. <Amended by Act No. 9044, Mar. 28, 2008>
CHAPTER III IMPLEMENTATION OF URBAN DEVELOPMENT PROJECTS
SECTION 1 Implementers, Implementation Plans, Etc.
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 Article 11 (Implementers, etc.)   print
(1) The implementer of an urban development project (hereinafter referred to as "implementer") shall be designated by the relevant designating authority from among the following persons: Provided, That he/she shall designate a landowner under subparagraph 5 or an association under subparagraph 6 as an implementer if he/she implements an urban development zone fully by the replotting method: <Amended by Act No. 10272, Apr. 15, 2010; Act No. 11068, Sep. 30, 2011; Act No. 11186, Jan. 17, 2012>
1. The State or local governments;
2. Public institutions prescribed by Presidential Decree;
3. Government-funded institutions prescribed by Presidential Decree;
4. Local public corporations incorporated under the Local Public Enterprises Act;
5. Landowners in an urban development zone (a person who has obtained a license under Article 28 of the Public Waters Management and Reclamation Act shall be deemed an owner of the relevant public waters and such public waters shall be deemed land, in cases of the method of expropriation or use under Article 21; referring to a person who owns at least 2/3 of the area of land, excluding the State-owned land and public land in an urban development zone);
6. An association established for urban development (limited cases where an urban development project is fully implemented by the replotting method; hereinafter referred to as "association") by landowners in an urban development zone (a person who has obtained a license under Article 28 of the Public Waters Management and Reclamation Act shall be deemed an owner of the relevant public waters and such public waters shall be deemed land);
7. A corporation meeting requirements prescribed by Presidential Decree, such as the period of business, etc. in an overpopulation control area, among corporations to be relocated from the overpopulation control area designated under the Seoul Metropolitan Area Readjustment Planning Act to an area, other than the Seoul Metropolitan area;
8. A person (limited to cases where a housing complex defined in subparagraph 6 of Article 2 of the Housing Act is created and incidental infrastructures are built) meeting requirements prescribed by Presidential Decree as deemed capable of performing an urban development project among persons registered under Article 9 of the Housing Act;
9. A person meeting requirements prescribed by Presidential Decree as deemed capable of performing an urban development project in compliance with the development plan, such as obtaining a license, etc. for civil engineering works business or civil engineering and construction works business under the Framework Act on the Construction Industry;
9-2. A person meeting requirements prescribed by Presidential Decree who is a real estate developer registered pursuant to Article 4 (1) of the Act on the Management and Promotion of Real Estate Development Business;
10. A person meeting requirements prescribed by Presidential Decree as a self-management real estate investment company or a consigned-management real estate investment company established in accordance with the Real Estate Investment Company Act;
11. A corporation meeting requirements prescribed by Presidential Decree that is incorporated with investments made by persons referred to in subparagraphs 1 through 9, 9-2 or 10 (excluding associations referred to in subparagraph 6) for the purpose of performing an urban development project.
(2) If any of the following grounds arises, any designating authority may designate a local government or a person prescribed by Presidential Decree (hereinafter referred to as "local government, etc") as an implementer, notwithstanding the proviso to paragraph (1). In such cases, where a person who performs an urban development project is a Mayor/Do Governor or the head of a Large Si, the Minister of Land, Transport and Maritime Affairs shall designate an implementer: <Amended by Act No. 9044, Mar. 28, 2008>
1. Where a landowner or an association fails to apply for the designation of an implementer within the period prescribed by Presidential Decree or the designating authority deems the details of application unlawful or unjustifiable;
2. Where it is deemed necessary to implement an urban development project in parallel with a project for public facilities which is implemented by the head of a local government;
3. Where the landowners of the land equivalent to at least 1/2 of the area of the land, excluding the State-owned land and public land, in an urban development zone, and at least 1/2 of the total number of landowners have consented to the implementation of an urban development project by a local government, etc.
(3) When two or more landowners under paragraph (1) 5 intend to implement an urban development project or a landowner under the same subparagraph intends to implement an urban development project jointly with a person referred to in subparagraphs 7 through 10 of the same paragraph, the relevant designating authority may have them stipulate rules for an urban development project, as prescribed by Presidential Decree.
(4) When a local government, etc. intends to implement an urban development project fully by the replotting method under paragraph (2) and when a person referred to in paragraph (1) 1 through 4 or 11 (limited to cases where a person referred to in paragraph (1) 1 through 4 has invested in excess of the ratio prescribed by Presidential Decree) intends to implement part of an urban development project by the replotting method, it shall stipulate enforcement regulations, as prescribed by Presidential Decree. In such cases, an implementer under paragraph (1) 2 through 4 may include matters concerning the fixing of expenses incurred in project management according to the standards prescribed by Presidential Decree in the enforcement regulations. <Amended by Act No. 11068, Sep. 30, 2011>
(5) A person referred to in paragraph (1) 2 through 4, a landowner in an urban development zone (referring to a person who owns at least 1/2 of the area of land with the authority prescribed by Presidential Decree to use at least 2/3 of the area of land, other than the State-owned land and public land in an urban development zone in cases of a proposal by the method of expropriation or use) or a person referred to in paragraph (1) 7 through 11 may propose the designation of an urban development zone to the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu, as prescribed by Presidential Decree: Provided, That a person referred to in Article 3 (3) may directly make a proposal to the Minister of Land, Transport and Maritime Affairs.
(6) Where a landowner or a person referred to in paragraph (1) 7 through 11 (excluding cases where a person referred to in paragraph (1) 1 through 4 has invested in excess of the ratio prescribed by Presidential Decree) intends to propose the designation of an urban development zone under paragraph (5), he/she shall obtain the consent of the landowners (including persons with superficies) of the land equivalent to at least 2/3 of the area of the land of the urban development zone.
(7) The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu may have a proposer fully or partially subsidize expenses incurred in designating an urban development zone in consultation with the proposer.
(8) Any designating authority may replace an implementer in any of the following cases:
1. Where an implementer fails to commence an urban development project within two years after it obtains authorization of an implementation plan for the urban development project;
2. Where the designation of an implementer or authorization of an implementation plan has been revoked due to any administrative disposition;
3. Where it is deemed impractical to achieve the purposes of an urban development project due to nonpayment or bankruptcy of an implementer, and other reasons similar thereto;
4. Where a person designated as an implementer pursuant to the proviso to paragraph (1) fails to file an application for authorization of an implementation plan for an urban development project within the period prescribed by Presidential Decree.
(9) Where the designation of an urban development zone is proposed pursuant to paragraph (5), Articles 3 (5) and 6 shall apply mutatis mutandis to the matters necessary for the scale of the urban development zone, procedures for proposal, documents to be submitted, basic surveys, etc.
(10) The method of calculating the number of consenters, procedures for consent under paragraphs (2) 3 and (6), and other necessary matters shall be prescribed by Presidential Decree.
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 Article 12 (Entrustment of Implementation of Urban Development Projects, etc.)   print
(1) Any implementer may entrust the State, a local government, a public institution and a government-funded institution or a local public corporation prescribed by Presidential Decree with the affairs concerning ports, railroads and construction of other public facilities and reclamation of public waters for the implementation thereof, as prescribed by Presidential Decree.
(2) Any implementer may entrust the competent local government, and a public institution, a government-funded institution, a government-funded institution or a local public corporation prescribed by Presidential Decree with the basic survey, affairs of purchasing land and compensation for loss and a inhabitant migration countermeasure project, etc. for an urban development project, as prescribed by Presidential Decree: Provided, That in cases where it entrusts a government-contributed institution with an inhabitant migration countermeasure project, it may entrust it with the preparation and implementation of migration countermeasure or the payment of migration settlement money and other incidental affairs related to compensation.
(3) Where an implementer entrusts affairs to any other person for implementation under paragraph (1) or paragraph (2), he/she shall pay commission at the rate prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs to a person who performs such entrusted affairs.
(4) Any implementer under Article 11 (1) 5 thorough 9 may, with the approval of the designating authority, implement an urban development project through the conclusion of a trust contract, as prescribed by Presidential Decree with a trust business under the Financial Investment Services and Capital Markets Act.
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 Article 13 (Authorization of Establishment of Association)   print
(1) When it is intended to establish an association, seven landowners or more in an urban development zone shall draft its articles of association, including the matters prescribed by Presidential Decree, and obtain authorization of the designating authority for the establishment of the association.
(2) Any association intends to change matters authorized under paragraph (1), it shall obtain authorization of the designating authority for the change: Provided, That if it intends to change insignificant matters prescribed by Presidential Decree, it shall file a report thereof.
(3) If it is intended to apply for authorization for establishment of an association under paragraph (1), consent shall be obtained from landowners equivalent to at least 2/3 of the area of the land in the relevant urban development zone and more than a half of the total number of landowners of such zone.
(4) The method of calculating the number of consenters and procedures for consent under paragraph (3) and other necessary matters shall be prescribed by Presidential Decree.
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 Article 14 (Members, etc.)   print
(1) The members of an association shall be landowners in an urban development zone.
(2) Any officer of an association shall not hold concurrent office of another officer or an employee of such association.
(3) None of the following persons shall become an officer of an association:
1. Incompetent, quasi-incompetent or minor;
2. Any person who was declared bankrupt, and has not been reinstated yet;
3. Any person in whose cases two years have not passed since his/her imprisonment without labor or heavier punishment was completely implemented or exempted or who is under the suspension of the implementation of his/her punishment as declared by a court.
(4) Where a person appointed as an officer of an association falls under any of the subparagraphs of paragraph (3), he/she shall be disqualified as an officer from the following day.
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 Article 15 (Legal Personality of Association, etc.)   print
(1) Any association shall be a juristic person.
(2) Any association shall be formed by making registration in the seat of its principal office.
(3) Matters necessary for the establishment of an association, rights and duties of its members, duties of an officer of an association, matters of resolution of the general meeting, composition of a board of representatives, dissolution or merger of an association, etc. shall be prescribed by Presidential Decree.
(4) Except as otherwise expressly provided in this Act, the provisions for an incorporated association of the Civil Act shall apply mutatis mutandis to an association.
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 Article 16 (Bearing of Expenses by Members, etc.)   print
(1) Any association may impose and collect expenses from its members to prepare expenses necessary for its operation, as prescribed by the articles of association.
(2) Any amount of dues under paragraph (1) shall be determined, collectively taking into account the location, classification, area, utilization status, environment and other matters of the land in an urban development zone.
(3) Any association may, when any of its members neglects to pay the dues under paragraph (1), levy on him arrearages, as prescribed by the articles of association.
(4) Any association may, when any of its members fails to pay the dues under paragraph (1) and the arrearages under paragraph (3), entrust the collection of such dues and arrearages with the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(5) The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu may, when he/she is entrusted with the collection of dues or arrearages under paragraph (4), collect such dues or arrearages in accordance with established practices related to dispositions of default on local taxes. In such cases, an association shall pay the relevant Special Self-Governing Province, Si/Gun/Gu (referred to an autonomous Gu; hereinafter the same shall apply) an amount equivalent to four percent of the amount collected by the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu.
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 Article 17 (Preparation of and Authorization for Implementation Plans, etc.)   print
(1) Each implementer shall prepare an implementation plan for an urban development project (hereinafter referred to as "implementation plan"), as prescribed by Presidential Decree. In such cases, the implementation plan shall include district unit planning.
(2) Each implementer (excluding where the designating authority is an implementer) shall obtain authorization of the designating authority for an implementation plan prepared under paragraph (1).
(3) Where the designating authority prepares an implementation plan or authorizes it, if the Minister of Land, Transport and Maritime Affairs is the designating authority, he/she shall hear the opinion of a Mayor/Do Governor or the head of a Large Si in advance, if the Mayor/Do Governor is the designating authority, he/she shall hear the opinions of the head of a Si (excluding the head of a Large Si)/Gun/Gu in advance. <Amended by Act No. 9044, Mar. 28, 2008>
(4) Paragraphs (2) and (3) shall apply mutatis mutandis where an authorized implementation plan is changed or abolished: Provided, That the same shall not apply where insignificant matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs are modified.
(5) Design books, a financing plan, a period of implementation necessary for implementation of a project and other matters and documents prescribed by Presidential Decree shall be specified in or modified to an implementation plan.
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 Article 18 (Announcement of Implementation Plans)   print
(1) Where any designating authority has prepared or authorized an implementation plan, it shall announce it in the Official Gazette or official bulletin and send a copy of the relevant documents to an implementer, as prescribed by Presidential Decree; the head of a Large Si, being the designating authority, shall make such relevant documents available to the public and the designating authority, other than the head of a Large Si, shall send a copy of the relevant documents to the head of a Si (excluding the head of a Large Si)/Gun/Gu having jurisdiction over the relevant urban development zone. In such cases, the Governor of a Special Self-Governing Province, being the designating authority, and the head of a Si (excluding the head of a Large Si)/Gun/Gu in receipt of the relevant documents under the main sentence shall make such relevant documents available to the public. <Amended by Act No. 9044, Mar. 28, 2008>
(2) Where an implementation plan is announced pursuant to paragraph (1), an Urban/Gun management plan under the National Land Planning and Utilization Act shall be deemed to have been determined and announced in relation to matters to be determined by an Urban/Gun urban management plan (including a district-unit plan; hereinafter the same shall apply) pursuant to the same Act among the contents of the announced implementation plan. In such cases, matters conflicting with the contents of the announced implementation plan among matters already determined by an Urban/Gun management plan shall be deemed modified by the contents of the announced implementation plan. <Amended by Act No. 10599, Apr. 14, 2011>
(3) Article 9 (4) shall apply mutatis mutandis to the announcement of a topographical map for an Urban/Gun management plan under Article 32 of the National Land Planning and Utilization Act, with regard to matters determined and announced by an Urban/Gun management plan as prescribed in paragraph (2). <Amended by Act No. 10599, Apr. 14, 2011>
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 Article 19 (Relevant Authorization, Permission, etc. Deemed Granted)   print
(1) In preparing or authorizing an implementation plan under Article 17, when any designating authority has consulted with the relevant administrative agencies under paragraph (3) on the following permission, approval, examination, authorization, reports, licenses, registration, consultations, designation, cancellation, disposition, etc. (hereinafter referred to as "authorization, permission, etc") of the relevant implementation plan, the relevant authorization, permission, etc. shall be deemed to have been obtained; where it has announced the implementation plan under Article 18 (1), the announcement or public announcement of authorization, permission, etc. shall be deemed to have been made pursuant to the relevant Acts: <Amended by Act No. 9401, Jan. 30, 2009; Act Nos. 9758 & 9774, Jun. 9, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 11068, Sep. 30, 2011>
1. Authorization of a waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act, and authorization for installation of private-use waterworks under Articles 52 and 54 of the same Act;
2. Permission to perform construction works of a public sewerage system under Article 16 of the Sewerage Act;
3. A permit to occupy-and-use or use public waters under Article 8 of the Public Waters Management and Reclamation Act, a reclamation license of public waters under Article 28 of the same Act, consultation on or approval of reclamation executed by the State, etc. under Article 35 of the same Act, and authorization of an implementation plan for reclamation of public waters under Article 38 of the same Act;
4. Deleted; <by Act No. 10272, Apr. 15, 2010>
5. Permission to implement river works under Article 30 of the River Act, a permit to occupy and use river under Article 33 of the same Act and a permit to use river water under Article 50 of the same Act;
6. Permission to implement road works under Article 34 of the Road Act and a permit to occupy and use road under Article 38 of the same Act;
7. Approval to use agricultural infrastructure for purposes other than its original purpose under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
8. Permission for or consultation, or reporting on farmland diversion under Article 34 or 35 of the Farmland Act, a permit to temporarily use farmland for another purpose and consultation thereon under Article 36 of the same Act and approval to alter a use under Article 40 of the same Act;
9. Permission for, or reporting on mountainous district diversion under Article 14 or 15 of the Management of Mountainous Districts Act, a permit to temporarily use mountainous district diversion or reporting thereon under Article 15-2 of the same Act, a permit to collect soil and stones under Article 25 of the same Act, and a permit to lumber standing trees, etc. or reporting thereon under Article 36 (1) or (4) and 45 (1) and (2) of the Forest Resources Creation and Management Act;
10. Permission for diversion of grasslands under Article 23 of the Grassland Act;
11. A permit to lumber, etc. under Article 14 of the Work against Land Erosion and Collapse Act and cancellation of the designation of erosion control land under Article 20 of the same Act;
13. Non-permission dispositions under Article 24 of the Mining Industry Act, a disposition reducing a mining area or disposition revoking a mining concession under Article 34 of the same Act;
14. A permit to rebury graves having no surviving relatives under Article 27 (1) of the Funeral Services etc. Act;
15. Building permits under Article 11 of the Building Act, reporting under Article 14 of the same Act, modification of matters permitted or reported under Article 16 of the same Act, and permission for, or reporting on temporary buildings under Article 20 of the same Act;
16. Approval of project plans under Article 16 of the Housing Act;
17. Permission for implement harbor construction works under Article 9 (2) of the Harbor Act and approval of implementation plans under Article 10 (2) of the same Act;
18. A permit to open private roads under Article 4 of the Private Road Act;
19. Permission for use under Article 30 of the State Property Act;
21. Designation of tourist resorts under Article 52 of the Tourism Promotion Act (limited to where a tourist resort is developed as part of an urban development project), approval of development plans under Article 54 of the same Act and permission to implement development plans under Article 55 of the same Act;
23. Registration for opening of super-stores under Article 8 of the Distribution Industry Development Act;
25. Designation of logistics clusters (limited to where a logistics cluster is developed as part of an urban development project) under Article 22 of the Act on the Development and Management of Logistics Facilities and approval of the implementation plan for a logistics cluster under Article 28 of the same Act;
26. Designation of industrial complexes under Article 6 , 7 or 7-2 of the Industrial Sites and Development Act (limited to where an industrial complex is developed as part of an urban development project) and approval of an implementation plan under Article 17, 18 or 18-2 of the same Act;
27. Reporting on commencement, change or completion of projects under Article 86 (1) of the Act on Land Survey, Waterway Survey and Cadastral Records;
28. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;
29. Consultation on the propriety of integrated energy supply under Article 4 of the Integrated Energy Supply Act;
30. Permission to implement small river maintenance works under Article 10 of the Small River Maintenance Act and a permit occupy and use small rivers under Article 14 of the same Act;
31. Reporting on installation of private sewage treatment facilities under Article 34 (2) of the Sewerage Act.
(2) A person who intends to obtain deemed authorization, permission, etc. pursuant to paragraph (1) shall apply for authorization for an implementation plan along with the relevant documents required under the relevant Acts.
(3) When any designating authority prepares or authorizes an implementation plan shall consult in advance with the head of the relevant administrative agency if any matter referred to in the subparagraphs of paragraph (1) is included in the implementation plan. In such cases, the head of the relevant administrative agency shall present his/her opinion within the period prescribed by Presidential Decree from the date of receipt of such request for consultation, and if he/she fails to present his/her opinion within such period, such matters shall be deemed to have consulted thereon. <Amended by Act No. 11186, Jan. 17, 2012>
(4) Where any designating authority deems it necessary for coordinating different opinions of the relevant administrative agencies in the course of consultation under paragraph (3) or for expeditiously holding consultation, it may organize and operate a council with the relevant administrative agencies, as prescribed by Presidential Decree. In such cases, the heads of the relevant administrative agencies shall permit affiliated public officials to attend the meetings of the council. <Newly Inserted by Act No. 11186, Jan. 17, 2012>
(5) Where a person who proposes the designation of an urban development zone intends to obtain deemed permission for farmland diversion under paragraph (1) 8 concurrently with the designation of an urban development zone, notwithstanding paragraph (1), he/she shall also submit the relevant documents prescribed by the Farmland Act when he/she proposes the designation of an urban development zone to the head of the competent Si/Gun/Gu or the Minister of Land, Transport and Maritime Affairs under Article 11 (5). <Amended by Act No. 11186, Jan. 17, 2012>
(6) Where any designating authority has consulted with the head of the relevant administrative agency about permission for farmland diversion under paragraph (1) 8 when it designates an urban development zone, a proposer under paragraph (4) shall be deemed to have obtained the relevant permission when it is designated as an implementer under Article 11 (1). <Amended by Act No. 11186, Jan. 17, 2012>
(7) Where an implementer obtains authorization for an implementation plan to construct and supply circulative housing under Article 21-2 and rental housing under Article 21-3, and to implement multi-level replotting under Article 32, he/she shall be deemed to have registered a housing construction project pursuant to Article 9 of the Housing Act. <Newly Inserted by Act No. 11068, Sep. 30, 2011; Act No. 11186, Jan. 17, 2012>
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 Article 20 (Supervision of Construction Works Concerning Urban Development Projects)   print
(1) When any designating authority has authorized an implementation plan under Article 17, it shall designate a specialized supervision company under the Construction Technology Management Act as a person to perform the responsible supervision or the construction supervision on the construction works on an urban development project, and guide and supervise it: Provided, That the same shall not apply where an implementer is the person referred to in subparagraph 5 of Article 2 of the Construction Technology Management Act.
(2) Any person who has been designated as the person to perform the supervision under paragraph (1) (hereinafter referred to as "supervisor") shall post a person under its control as a supervising employee, as prescribed by Presidential Decree and perform the following affairs:
1. Ascertainment as to whether a construction contractor performs works in accordance with the details of design drawings and specifications;
2. Ascertainment as to whether the materials used by a construction contractor are those meeting the standards of the related Acts and subordinate statutes;
3. Ascertainment as to whether quality tests are performed under Article 24 of the Construction Technology Management Act; and
4. Other affairs prescribed by Presidential Decree for securing and improvement of quality of construction works as affairs of supervision of the construction works on an urban development project.
(3) If the supervisor finds a violation while performing such affairs, he/she shall advise, without delay, the construction contractor and the implementer to rectify the violation and report the details thereof to the designating authority within seven days.
(4) Where the construction contractor and the implementer have received the relevant notification of rectification under paragraph (3), they shall suspend the relevant construction works and rectify the violation, if there are no special reasons, and receive the supervisor's verification. In such cases, if any objection to the notification of rectification by the supervisor, they may immediately suspend the construction works and raise a written objection to the designating authority.
(5) The implementer shall pay the supervisor the construction supervision fees according to the procedure, etc. prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(6) Where the construction works on an urban development project have become unsatisfactory because the supervisor designated under paragraph (1) or the supervising employee posted under paragraph (2) (including a supervisor under other Acts and a supervising employee under its control) has incurred the losses to the relevant implementer or the persons who were provided with land, buildings or structures, etc. (hereinafter referred to as "Developed Land, etc") developed by an urban development project by its unsatisfactory performance of supervision or supervision in violation of the related Acts and subordinate statutes intentionally or by gross negligence while performing its affairs, the designating authority may request the head of an administrative agency who received the registration of the relevant supervisor or issued a license of its supervising employee and gave other approval of qualification, etc. to cancel the registration, revoke the license, suspend qualifications, suspend the business and take other necessary measures.
(7) The details and scope of responsibility between the implementer and the supervisor shall be determined by the contract between the parties except for those prescribed by this Act.
(8) Matters necessary for the supervision such as construction works on an urban development project subject to responsible supervision or construction supervision, method of supervision, procedures for supervision, contract of supervision, settlement of an objection raised under paragraph (4), etc. shall be prescribed by Presidential Decree.
(9) Articles 27-3, 27-4, 28-7 and 30 through 33 of the Construction Technology Management Act shall apply mutatis mutandis to the supervision under paragraphs (1) and (2).
(10) Notwithstanding paragraphs (1) through (9), buildings subject to construction supervision under Article 25 of the Building Act and the supervision of construction works on an urban development project falling under the objects of the supervision under Article 24 of the Housing Act shall be in accordance with the relevant Act and subordinate statutes respectively.
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 Article 21 (Methods of Implementation of Urban Development Project)   print
(1) Any implementer may implement an urban development project by method of expropriation or use of land, etc. in an urban development zone or by the replotting method or by the combined method thereof.
(2) If any of the following applies after the designation of an urban development zone, the designating authority may change the method of implementation:
1. Where an implementer under Article 11 (1) 1 through 4 changes the method of implementation of an urban development project under paragraph (1) from the method of expropriation or use to the whole replotting method pursuant to the standard prescribed by Presidential Decree;
2. Where an implementer under Article 11 (1) 1 through 4 changes the method of implementation of an urban development project under paragraph (1) from the combined method to the whole replotting method pursuant to the standard as prescribed by Presidential Decree; and
3. Where an implementer under Article 11 (1) 1 through 5 and 7 through 11 changes the method of implementation of an urban development project under paragraph (1) from the method of expropriation or use to the combined method pursuant to the standard as prescribed by Presidential Decree.
(3) The method of expropriation or use or the replotting method or the necessary conditions of an urban development zone which can combine both of them under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
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 Article 21-2 (Development Projects by Phased Development Method)   print
(1) In order to smoothly implement an urban development project, any implementer may develop an urban development zone in a phased manner in which the tenants or owners (limited to those who have been actually residing in houses in the urban development zone since before the date public inspection or announcement of a public hearing was made to hear the opinions of the residents, etc. pursuant to Article 7; hereinafter referred to as "tenants, etc.") of houses to be removed due to the implementation of the urban development project reside temporarily in houses to be newly construed or already constructed inside or outside the urban development zone.
(2) Where an implementer implements an urban development project in the manner provided in paragraph (1), housing for temporary residence (hereinafter referred to as "circulative housing") may be used or leased as temporary residential facilities, notwithstanding Article 38 of the Housing Act.
(3) If any person who resides in circulative housing wishes to continuously reside in the circulative housing even after an urban development project is completed, such circulative housing may be sold or leased continuously to him/her, as prescribed by Presidential Decree. In such cases, if any person continuously resides in such housing is the one entitled to replotting or relocation measures, he/she shall be excluded from persons entitled to replotting or relocation measures shall be deemed to have been developed.
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
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 Article 21-3 (Supply, etc. of Construction Sites to Build Rental Housing for Tenants)   print
(1) To ensure residential stability, etc. of tenants due to an urban development project, the relevant implementer shall create and supply construction sites to build rental housing, or build and supply rental housing, as prescribed by Presidential Decree, in consideration of the findings from surveys of dwelling, livelihood conditions, and surveys of demand for housing conducted pursuant to Article 6.
(2) Where an implementer makes a request, those eligible to build, supply or lease housing among the entities referred to in Article 11 (1) 1 through 4 shall take charge of construction sites for rental housing, or rental housing to be supplied following the implementation of an urban development project.
(3) Procedures for, and methods of taking charge of construction sites for rental housing, or rental housing pursuant to paragraph (2), standards for determining the price thereof and other matters shall be prescribed by Presidential Decree.
(4) Where any implementer (referring to an entity being supplied with a construction site for rental housing in cases of paragraph (1), and referring to an entity who has taken charge of a construction site for rental housing in cases of paragraph (2); hereafter the same shall apply in this paragraph) builds and supplies rental housing in an urban development zone, standards for qualifications for tenants, methods of selecting tenants, a rental deposit, a rent, etc. may be separately determined within the extent prescribed by Presidential Decree, notwithstanding Articles 20 and 21 of the Rental Housing Act. In such cases, an implementer who is not an administrative agency shall, in advance, obtain approval from the head of the competent Si/Gun/Gu.
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
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 Article 21-4 (Composition, etc. of Urban Development Project Dispute Mediation Committees)   print
(1) In order to mediate disputes arising from urban development projects, a dispute mediation committee for urban development projects (hereinafter referred to as "dispute mediation committee") may be established in the Special Self-Governing Province, or a Si/Gun/Gu where an urban development zone is designated: Provided, That where an urban disputes mediation committee under Article 77-2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents has been already established in the relevant local government, it may function as a dispute mediation committee, as prescribed by Presidential Decree.
(2) Articles 77-2 and 77-3 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall apply mutatis mutandis to the composition and operation of dispute mediation committees under paragraph (1), dispute mediation procedures and other matters. In such cases, "a rearrangement project" shall be construed as "an urban development project."
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
SECTION 2 Implementation of Projects by Methods of Expropriation or Use
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 Article 22 (Expropriation or Use of land, etc.)   print
(1) Any implementer may expropriate or use land, etc. necessary for an urban development project: Provided, That an implementer referred to in Article 11 (1) 5 and 7 through 11 (excluding where a person referred to in subparagraphs 1 through 4 of the same paragraph has invested in excess of 50 percent) shall obtain the consent of the persons who own the land equivalent to more than 2/3 of the area of the land subject to urban development project and who are equivalent to more than a half of the total number of landowners. In such cases, the base date of calculation of necessary conditions of consent of the landowners shall be that of the announcement date of designation of an urban development zone, the land acquired by an implementer after such base date shall be included in the total number of landowners of the necessary conditions of the consent and shall be calculated as number of consenters.
(2) Except as specially provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the expropriation or use of land, etc. under paragraph (1).
(3) Where a detailed list of land subject to expropriation or use under Article 5 (1) 14 has been announced when the Act on Acquisition of and Compensation for Land, etc. for Public Works under paragraph (2) is applied mutatis mutandis, it shall be deemed that the approval of the project under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works and the announcement thereof have been made: Provided, That an application for adjudication, notwithstanding Articles 23 (1) and 28 (1) of the same Act, shall be filed by the expiry date of the implementation period of an urban development project prescribed by a development plan.
(4) The method of calculation of the number of consenters under paragraph (1), procedure for consent and other necessary matters shall be prescribed by Presidential Decree.
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 Article 23 (Issuance of Land Redemption Bond)   print
(1) Any implementer may, if the landowners wishes, issue bonds which are redeemed with land and buildings developed by the implementation of the project (hereinafter referred to as "land redemption bond") to pay part of the purchase price of land, etc., as prescribed by Presidential Decree: Provided, That a person referred to in Article 11 (1) 5 through 11 may issue such bonds only when it has received the payment guarantee from the financial institution, etc. prescribed by Presidential Decree.
(2) Any implementer (excluding where the designating authority is an implementer) shall, if it intends to issue the land redemption bond under paragraph (1), make a plan for issuance of the land redemption bond and obtain approval of the designating authority in advance as prescribed by Presidential Decree.
(3) Methods of, procedures for and conditions of issue of land redemption bonds, and other necessary matters shall be prescribed by Presidential Decree.
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 Article 24 (Countermeasures for Migration, etc.)   print
Any implementer shall take and implement the countermeasure for the migration of persons who lose their living base due to the providing of land, etc. necessary for the implementation of an urban development project in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works.
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 Article 25 (Advance Payments)   print
(1) Any implementer may, in advance, fully or partially receive, as prescribed by Presidential Decree, the relevant price from persons who intend to be supplied with or use developed land, etc., or land (hereinafter referred as "land retaining original features") in an undeveloped condition after an urban development project is implemented. <Amended by Act No. 11068, Sep. 30, 2011>
(2) If any implementer (excluding cases where the designating authority is an implementer) intends to fully or partially receive the relevant price in advance pursuant to paragraph (1), he/she shall obtain approval from the relevant designating authority.
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 Article 25-2 (Supply and Development of Land Retaining Original Features)   print
(1) Where it is necessary to develop a city in a nature-friendly, or in a complex or multi-level manner, any implementer may supply land retaining original features to any of the following persons to develop such land according to the procedures prescribed by Presidential Decree after obtaining prior approval from the designating authority. In such cases, the area of land retaining original features to be supplied shall be limited to 1/3 or less of the total area of an urban development zone:
1. The State or local governments;
3. Local public enterprises established under the Local Public Enterprises Act;
4. Persons selected at a competition held by the State or local governments for complex development, etc.;
5. Persons who directly use land retaining original features as a site for schools, factories, etc.
(2) An implementer shall apply for approval to the competent designating authority to supply land retaining original features pursuant to paragraph (1) along with a supply plan of the land retaining original features. The same shall apply to any modification to such supply plan.
(3) A supply plan of land retaining original features under paragraph (2) shall include matters concerning a person to develop land retaining original features after being supplied therewith (hereinafter referred to as "developer of land retaining original features"), details of supplying land retaining original features, etc.
(4) Any implementer shall enter into a supply contract with a developer of land retaining original features in compliance with the direction-setting for development under Article 5 (1) 7-2, the details approved pursuant to paragraphs (1) and the supply plan under paragraph (2), require the developer of land retaining original features to submit a detailed plan, and reflect such plan in the implementation plan under Article 17.
(5) When the designating authority grants approval pursuant to paragraph (1), it may impose implementation conditions concerning the development density, such as floor area ratio, the area and arrangement by land use, a traffic control plan, building of infrastructure, etc.
(6) No developer of land retaining original features (excluding the State and local governments) shall sell land retaining original features within the period prescribed by Presidential Decree up to ten years: Provided, That this shall not apply where prior approval is obtained from the designating authority for cases prescribed by Presidential Decree, such as houses for relocation, public facilities and cultural facilities.
(7) In any of the following cases, the designating authority may revoke approval for supplying land retaining original features, or require the relevant implementer to take necessary measures, such as urging for the implementation thereof, requesting for instatement, claiming for damages or rescinding a contract for the supply of land retaining original features:
1. Where the implementer fails to use land according to the supply plan of land retaining original features submitted pursuant to paragraph (2);
2. Where the developer of land retaining original features fails to implement a project in line with the detailed plan submitted pursuant to paragraph (4);
3. Where an implementer or developer of land retaining original features fails to implement any implementation condition imposed pursuant to paragraph (5).
(8) In any of the following cases, an implementer may rescind a contract for the supply of land retaining original features, as prescribed by Presidential Decree:
1. Where the developer of land retaining original features fails to commence construction works within the deadline for commencement stipulated by a detailed plan;
2. Where the developer of land retaining original features fails to finish the relevant project within the project period stipulated by a detailed plan after commencing the construction works;
3. Where the developer of land retaining original features sells all or part of the land supplied, to a third party without the consent of the implementer;
4. Where the developer of land retaining original features violates the details of the supply contract under paragraph (4), such as failure to use the land supplied for the purpose stipulated by a detailed plan.
(9) Matters necessary for standards for selecting developers of land retaining original features, procedures and standards for supplying land retaining original features, scope of duties of implementers and developers of land retaining original features, method of entering into contracts and other matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
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 Article 26 (Supply Plans of Developed Land, etc.)   print
(1) When any implementer (excluding where the designating authority is an implementer) intends to supply developed land, etc., he/she shall prepare or amend a supply plan of such land, etc. to submit it to the designating authority. In such cases, an implementer who is not an administrative agency shall submit it through the head of a Si (excluding the head of a Large Si)/Gun/Gu. <Amended by Act No. 9044, Mar. 28, 2008>
(2) Details of a supply plan, procedures and standard for supply, appraisal price of the developed land, etc. and other necessary matters shall be prescribed by Presidential Decree.
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 Article 27 (Supply Prices of Sites, etc. for Schools)   print
(1) Where an implementer supplies developed land, etc. for establishing schools, waste treatment facilities and other facilities prescribed by Presidential Decree and land for creating a complex for relocation, he/she may determine the price of the relevant land below the price appraised by an appraisal business operator under the Public Notice of Values and Appraisal of Real Estate Act. <Amended by Act No. 11068, Sep. 30, 2011>
(2) Any implementer referred to in Article 11 (1) 1 through 4 may supply land, other than the land prescribed in paragraph (1), at a price below the appraised price, as prescribed by Presidential Decree, where necessary for revitalizing urban development projects, such as the invitation of regional characterization projects. <Newly Inserted by Act No. 11068, Sep. 30, 2011>
SECTION 3 Implementation of Projects by Replotting Method
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 Article 28 (Preparation of Replotting Plans)   print
(1) If any implementer intends to implement all or part of an urban development project by the replotting method, he/she shall prepare a replotting plan containing the following matters: <Amended by Act No. 11068, Sep. 30, 2011>
1. Design for replotting;
2. Details of replotting by lot;
3. Details of land to be settled, by lot and by right;
4. Details of land allotted by the authorities in recompense for development outlay or reserved land under Article 34;
5. Where multi-level replotting under Article 32 is planned, the details of buildings for multi-level replotting, and matters concerning the methods and scale of supply under Article 32-3;
6. Other matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Any replotting plan shall be rationally prepared in comprehensive consideration of the location, classification, area, soil, utilization of water, utilization status, the environment of the previous land and the land replotted and other matters.
(3) Where any implementer appraises the prices of the developed land, etc. in an urban development zone to which replotting method is applied, he/she shall determine such prices through deliberation thereon by the Land Appraisal Council after requiring a certified appraisal institution prescribed by Presidential Decree to appraise such prices
(4) The composition and management of the Land Appraisal Council under paragraph (3) and other necessary matters shall be determined by the regulations, the articles of association and the relevant implementation rules.
(5) Matters necessary for standards for a replotting plan, standards for appropriation for reserved land (land allotted by the authorities in recompense for development outlay and a site for public facilities) to prepare a replotting plan under paragraph (1) may be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
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 Article 29 (Authorization, etc. for Replotting Plans)   print
(1) Where any implementer, other than an administrative agency, has prepared a replotting plan under Article 28, he/she shall obtain authorization from the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu.
(2) Paragraph (1) shall apply mutatis mutandis to any modification to the details authorized: Provided, That the same shall not apply where insignificant matters prescribed by Presidential Decree are modified.
(3) Where any implementer, other than an administrative agency, intends to apply for authorization of a replotting plan under paragraph (1), or an implementer who is an administrative agency intends to determine a replotting plan, he/she shall notify landowners and persons (hereinafter referred to as "leaseholder, etc.") who have leaseholds, superficies and other rights to use or profit from the relevant land (hereinafter referred to as "leasehold, etc") of the standards for replotting plan, details, etc. thereof and make a copy of the relevant documents available to the public, as prescribed by Presidential Decree: Provided, That the same shall not apply where insignificant matters prescribed by Presidential Decree are modified. <Amended by Act No. 11068, Sep. 30, 2011>
(4) Any landowner or leaseholder, etc. may submit his/her opinion in writing to an implementer during the period for public inspection referred to in paragraph (3), and the implementer shall, if such opinion is deemed appropriate, reflect it in a replotting plan.
(5) Any implementer, other than an administrative agency, shall apply for authorization of a replotting plan under paragraph (1), accompanied by the written opinion submitted pursuant to paragraph (4).
(6) With respect to the opinion submitted pursuant to paragraph (4), any implementer shall notify the person who has submitted such opinion of the results of examination as to whether such opinion is reflected in a replotting plan within 60 days of the expiration of the period for public inspection.
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 Article 30 (Exclusion from Replotting by Consent, etc.)   print
(1) If a landowner files an application or consents, land to be replotted need not be determined with respect to all or part of the relevant land: Provided, That where a leaseholder, etc. exists in the relevant land, such consent shall be obtained. <Amended by Act No. 11068, Sep. 30, 2011>
(2) Notwithstanding paragraph (1), any implementer may exclude any of the following land from land not requiring replotting according to the methods and procedures stipulated by regulations, articles of association or implementation rules: <Newly Inserted by Act No. 11068, Sep. 30, 2011>
1. Land to be used before reserved land for replotting is designated pursuant to Article 36-2;
2. Land with respect to which replotting land is determined according to authorization for a replotting plan under Article 29;
3. Land, the replotting of which is planned pursuant to Article 28 at the same place as before for the same use as before;
4. Where the sum total of the area or appraised value of land, the owner of which has filed an application for exclusion from replotting, is at least 15 percent of the area or appraised value (referring to the previously appraised value of land determined by the Land Appraisal Council under Article 28 (3); hereinafter the same shall apply) of the whole land (excluding State-owned land or public land) of a zone, it is deemed impractical to implement a project implementation on such land, if replotting is not determined otherwise;
5. Land, the acquisition contract of which is entered into after the date a public inspection or public announcement was made pursuant to Article 7: Provided, That this shall not apply where three years pass from the date of acquisition.
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 Article 31 (Replotting in Consideration of Area of Land)   print
(1) Any implementer ma, determine replotting by expanding the area of land, the area of which is small to prevent such land from being excessively small land or exclude such land from land subject to replotting, and determine replotting by decreasing the area of land the area of which is large if there is a special need to adjust the scale of the area of land.
(2) The area which is the standard for the excessively small land under paragraph (1) shall be determined by an implementer according to the regulations, the articles of association or the implementation rules within the extent prescribed by Presidential Decree.
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 Article 32 (Multi-Level Replotting)   print
(1) Any implementer may grant part of a building and a co-owned share in the land on which such building stands at the request of the owner of the land or building if it is particularly necessary for smoothly implementing an urban development project: Provided, That the implementer may exclude him/her from those eligible to make such request by regulations, articles of association or implementation rules when land or building falls short of the standard prescribed by Presidential Decree. <Amended by Act No. 11068, Sep. 30, 2011>
(2) Deleted. <by Act No. 11068, Sep. 30, 2011>
(3) In cases of multi-level replotting under paragraph (1), an implementer shall notify landowners (including owners of buildings; hereafter the same shall apply where a project is implemented by the multi-level replotting method in paragraph (4), Articles 32-3 and 35 through 45) of the matters prescribed by Presidential Decree, such as the contents of an implementation plan, standards for a replotting plan, details of the lots of land or buildings to be replotted, and the period during which requests for replotting are to be made before he/she prepares a replotting plan under Article 28, and announce such matters in the daily newspapers circulated in the relevant area. <Newly Inserted by Act No. 11068, Sep. 30, 2011>
(4) The period during which requests for multi-level replotting are to be made pursuant to paragraph (1) shall be from 30 days up to 60 days from the date of notification made pursuant to paragraph (3): Provided, That such period may be extended up to 20 days when an implementer deems no hindrance exists in preparing a replotting plan under Article 28 (1). <Newly Inserted by Act No. 11068, Sep. 30, 2011>
(5) Any landowner who intends to obtain multi-level replotting shall request for replotting to the relevant implementer according to the methods and procedures prescribed by Presidential Decree within the period during which requests for replotting are to be made pursuant to paragraph (3). <Newly Inserted by Act No. 11068, Sep. 30, 2011>
(6) Matters necessary for preparing multi-level replotting plans may be determined by the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 11068, Sep. 30, 2011>
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 Article 32-2 (Restrictions on Designation, etc. of Replotting)   print
(1) Where any of the following applies from the date following the date an implementer has announced the public inspection or a public hearing to hear the opinions of residents, etc. pursuant to Article 7, or the date (hereafter referred to as "basic date" in this Article) determined separately by the designating authority at the request of an implementer-to-be (referring to a requester provided in Article 3 (3) 2 and (4) or a proposer provided in Article 11 (5)) to control speculation, the implementer may settle the relevant land or buildings (buildings shall be compensated pursuant to Article 65) with money or restrict the designation of replotting:
1. Where a lot of land is divided into several lots;
2. Where a detached house or multi-family house is converted into a multi-household house;
3. Where land and a building, such as a house owned by a person existing within the boundary of a site, are owned after dividing them into land and a building, such as a house;
4. Where the number of building owners or landowners increases as a new building is constructed on an empty site or multi-household house or building entitled to divided ownership pursuant to the Act on Ownership and Management of Condominium Buildings is constructed after removing existing buildings.
(2) Where the designating authority separately determines a basic date pursuant to paragraph (1), it shall publicly announce the basic date, grounds for determination thereof and other matters in the Official Gazette or official bulletin.
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
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 Article 32-3 (Supply of Housing, etc. according to Multi-Level Replotting)   print
(1) Any implementer shall supply buildings, such as housing, etc. newly constructed through multi-level replotting to requesters for replotting in line with the replotting plan authorized pursuant to Article 29. In such cases, the standards for supply of housing under Article 38 of the Housing Act shall not apply to the supply of housing.
(2) Where housing is supplied through multi-level replotting, the contents of the replotting plan under paragraph (1) shall comply with the following standards. In such cases, detailed standards for calculating the number of houses shall be prescribed by Presidential Decree:
1. To supply one house where a household or person owns one or more houses or land;
2. To supply only one house where two or more persons not belonging to a same household co-own a house or land.
(3) Notwithstanding paragraph (2), any implementer may supply any of the following landowners as many houses as he/she owns:
1. A landowner in an urban development zone not located in an over-concentration control region under Article 6 (1) 1 of the Seoul Metropolitan Area Readjustment Planning Act;
2. A landowner who owns a house for the purpose of a lodging or dormitory for workers (including public official workers);
3. An implementer referred to in Article 11 (1) 1 through 4.
(4) Where houses are supplied through multi-level replotting, a house may be supplied to a landowner who does not own only in any of the following cases as at the basic date provided in Article 32-2:
1. Where the area of land is in excess of the size prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
2. Where the total value of rights to previous land (where a building other than a house exists, including the total value of rights to such building) is in excess of the estimated supply price of an apartment house of the smallest size among apartment houses supplied through multi-level replotting.
(5) Any implementer may determine any building remaining after supplying buildings constructed on a site entitled to multi-level replotting to persons eligible to be supplied therewith as prescribed in paragraphs (1) and (2) as land (including buildings) allotted by the authorities in recompense for development outlay for the objectives stipulated by regulations, articles of incorporation or implementation rules or sell it to persons other than landowners.
(6) Where buildings, such as houses, are supplied pursuant to paragraph (1), matters necessary for the methods of, and procedures for supply and making a public announcement of sale and procedures for filing an application therefor and other matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
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 Article 33 (Measures for Sites, etc. for Public Facilities)   print
(1) When determining a replotting plan for site for public facilities referred to in any subparagraph of Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works, the standards under Article 28 (2) may not apply to its location and area, etc.
(2) Where an implementer establishes public facilities to replace the public facilities owned by the State or a local government due to implementation of an urban development project, he/she shall not determine replotting, notwithstanding Article 66 (1) and (2), with respect to land which becomes useless because the objective of all or part of the previous public facilities is abolished or changed, and make such land the land subject to replotting for other land.
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 Article 34 (Land Allotted by Authorities in Recompense for Development Outlay, etc.)   print
(1) Any implementer may determine certain land not as a replotting lot but as reserved land for appropriation of expenses necessary for an urban development project or for the objectives prescribed by the rules, the articles of association, the enforcement regulations or an implementation plan, and may appropriate for expenses for an urban development project by determining part of it as land allotted by the authorities in recompense for development outlay.
(2) The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu may, if he/she deems it necessary to facilitate the construction of an apartment house under the Housing Act, determine part of the land allotted by the authorities in recompense for development outlay under paragraph (1) in the same district collectively.
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 Article 35 (Designation of Reserved Land for Replotting)   print
(1) Any implementer may designate the reserved land for replotting for the land in an urban development zone if necessary for implementing an urban development project. In such cases, if leaseholders, etc. exist for the previous land, an implementer shall designate the land or such part which is the subject matter of the relevant rights for the relevant reserved land for replotting.
(2) Article 29 (3) and (4) shall apply mutatis mutandis where an implementer under Article 11 (1) 5 through 11 intends to designate the reserved land for replotting under paragraph (1).
(3) Any implementer intends to designate reserved land for replotting under paragraph (1), he/she shall notify the relevant landowners and the relevant leaseholders, etc. of the location and area of the reserved land for replotting and the time the designation of the reserved land for replotting takes effect.
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 Article 36 (Effect of Designation of Reserved Land for Replotting)   print
(1) If the reserved land for replotting has been designated, landowners and leaseholders, etc. of the previous land may exercise their rights in the same details of the previous rights for the reserved land for replotting or the relevant part from the effective date of the designation of the reserved land for replotting to the date when disposition of replotting is announced, and they shall not use the previous land or profit.
(2) Any implementer may, in cases of designation of reserved land for replotting under Article 35 (1), if there are objects hindering from using such land or profiting therefrom in such land or there are other special reasons, separately set the date commencing to use such land or profiting therefrom.
(3) Where the designation of reserved land for replotting takes effect or use of such land or profiting therefrom commences under paragraph (2), the previous landowners or leaseholders, etc. of the reserved land for replotting shall not use it or profiting therefrom during the period prescribed by paragraph (1) or paragraph (2), and shall not hinder the exercise of rights under paragraph (1).
(4) If reserved land for replotting has been designated for the purposes of land allotted by the authorities in recompense for development outlay under Article 34, any implementer may permit the use of or profit therefrom, or dispose of it to appropriate expenses for an urban development project.
(5) Where reserved land for replotting has been designated for land the objects of which are rights of lease, etc., Articles 48 and 49 shall apply mutatis mutandis to increase and decrease in or waiver of rights, etc. of rent, land rent, other rental fees, etc.
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 Article 36-2 (Use of Land Before Designation of Reserved Land for Replotting)   print
(1) Any implementer referred to in Article 11 (1) 1 through 4 may permit the use of land to the extent authorized by the relevant implementation plan under Article 17 (2) even before reserved land for replotting is designated pursuant to Article 35 in any of the following cases:
1. Where circulative housing is to be constructed for phased development;
2. Where national defense and military installations under the Act on National Defense and Military Installations Projects are to be established;
3. Where a housing construction project operator registered pursuant to Article 9 of the Housing Act owns land to construct housing from before the date of public announcement for hearing the opinions of inhabitants, etc. under Article 7 (1);
4. Cases prescribed by Presidential Decree where the relevant land is necessary for building infrastructure or promoting development projects.
(2) In cases under paragraph (1) 3 or 4, the use of land shall be permitted only when all of the following apply:
1. That the area of land to be used shall be at least five percent of the area of the relevant zone (at least 10,000 square meters) and the owner shall be one person. In such cases, the owner of State-owned land or public land shall be deemed one entity, regardless of the management agencies thereof;
2. That the previous land to be used shall include all of the boundaries of one or more lots of partitioned land or city blocks determined by the authorization of an implementation plan under Article 17 (2);
3. That the area or appraised value of land to be used shall be not more than 60 percent of the area or appraised value of the whole land owned by one person within the zone, or a deposit shall be made, as prescribed by Presidential Decree;
4. That a leaseholder, etc. gives his/her consent where such leaseholder, etc. to land to be used, etc. exist.
(3) No one who uses land pursuant to paragraph (1) shall supply or sell newly-created land or buildings constructed thereon until reserved land for replotting is designated.
(4) A person who uses land pursuant to paragraph (1) shall comply with a replotting plan under Article 28.
(5) Detailed procedures, methods, and detailed standards necessary for applying paragraphs (1) through (4) may be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
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 Article 37 (Suspension of Use and Profiting)   print
(1) Any implementer may suspend use of the relevant land or the relevant part or profit therefrom of landowners or leaseholders, etc. who have been determined not to designate replotting from the date when it has fixed.
(2) Any implementer intends to suspend use or profit therefrom under paragraph (1), he/she shall notify in advance the relevant landowners or leaseholders, etc. thereof by no less than 30 days prior to such suspension.
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 Article 38 (Relocation or Removal of Obstacles, etc.)   print
(1) Where an implementer designates reserved land for replotting under Article 35 (1), or suspends use of previous land or profits therefrom under Article 37 (1), or performs works to change or disuse facilities prescribed by Presidential Decree, he/she may, if necessary, relocate or remove any building and other structures or objects (hereinafter referred to as "building, etc") and any obstacle, such as bamboo or trees, soil and stone and fences (hereinafter referred to as "obstacle, etc"), in an urban development zone. In such cases, an implementer (limited to an implementer who is not an administrative agency) shall obtain a prior permit from the Governor of the competent Special Self-Governing Province and the head of the competent Si/Gun/Gu.
(2) Where the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu grants a permit pursuant to the latter part of paragraph (1), he/she may impose the conditions that an implementer shall take necessary measures to protect occupants upon limiting the period so that the implementer shall not remove any residential building from which the occupants are not evicted during the period prescribed by Presidential Decree, such as winter, etc., or after preparing temporary residential facilities. <Newly Inserted by Act No. 9862, Dec. 29, 2009>
(3) Where any implementer intends to relocate or remove a building, etc. and an obstacle, etc. under paragraph (1), he/she shall notify in advance the relevant owners or occupants thereof: Provided, That if owners or occupants are unknown, he/she shall publicly announce such relocation or removal, as prescribed by Presidential Decree. <Amended by Act No. 9862, Dec. 29, 2009>
(4) Where any implementer intends to relocate or remove a building used for residential purposes, he/she shall give notice thereof under paragraph (2) at latest two months prior to the date scheduled for relocation or removal of such building: Provided, That the same shall not apply to cases where he/she makes insignificant relocation or removal prescribed by Presidential Decree for part of a building or to any building in violation of Article 56 (1) of the National Land Planning and Utilization Act. <Amended by Act No. 9862, Dec. 29, 2009>
(5) Where any implementer intends to relocate or remove a building, etc. and an obstacle, etc. under paragraph (1), if any of the following grounds arise after the Land Tribunal has made an adjudication on indemnities for losses under Article 50 of the Act on Acquisition of and Compensation for Land, etc. for Public Works, he/she may deposit indemnities in the deposit office at the seat of the land until it is relocated or removed: <Amended by Act No. 9862, Dec. 29, 2009; Act No. 11186, Jan. 17, 2012>
1. When a person entitled to indemnities refuses to receive them or is unable to receive them;
2. When a person entitled to indemnities is unknown without negligence of an implementer;
3. When an implementer is dissatisfied with the amount of indemnities adjudicated by the competent Land Tribunal;
4. When the payment of indemnities is prohibited by seizure or provisional seizure.
(6) In cases referred to in subparagraph 3 of Article 4, any implementer shall pay indemnities calculated by him/her to a person entitled to indemnities and deposit the difference between such amount and amount of the indemnities adjudicated by the Land Tribunal. In such cases, a person entitled to indemnities is unable to receive the deposited indemnity until procedures for such dissatisfaction complete. <Amended by Act No. 9862, Dec. 29, 2009>
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 Article 39 (Management of Land, etc.)   print
(1) Any implementer shall manage the land or the relevant part which no person is to use or profiting therefrom due to designation of reserved land for replotting or disposition of suspension of use or profit from the date of designation of reserved land for replotting or of disposition of suspension of use or profit to the date of public announcement of disposition of replotting.
(2) Any implementer intends to indicate the location of reserved land for replotting or a replotting lot, he/she may install a sign prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) No one shall remove or spoil the sign installed under paragraph (2) without approval from an implementer until the date a replotting disposition has been publicly announced.
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 Article 40 (Replotting Dispositions)   print
(1) Where any implementer has completed works for an urban development project by the replotting method, he/she shall publicly announce it, without delay, as prescribed by Presidential Decree and make the documents related to such works available to the public.
(2) Landowners or interested persons in an urban development zone may submit their written opinion to an implementer during the period of public inspection under paragraph (1) and an implementer who has received such written opinion shall take necessary measures after ascertaining as to whether it meets the results of such works and the details of an implementation plan.
(3) Where landowners or interested persons fails to submit their written opinions under paragraph (2) during the period of public inspection under paragraph (1) or an implementer has taken necessary measures in accordance with the written opinion submitted, he/she shall file an application for inspection of the designating authority for completion of the works or complete the works on an urban development project.
(4) Where any implementer has undergone an inspection of the designating authority for completion of works (where the designating authority is an implementer, the time the completion of the works is publicly announced under Article 51), he/she shall dispose of replotting within the period prescribed by Presidential Decree.
(5) Where any implementer intends to dispose of replotting, he/she shall notify landowners of the matters prescribed by a replotting plan and publicly announce such matters, as prescribed by Presidential Decree.
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 Article 41 (Liquidation Money)   print
(1) Where any implementer has determined replotting or excluded it from the land entitled thereto, he/she shall liquidate the excess or deficiency thereof in cash, in comprehensive consideration of the locations, classifications, area, soil, water supply, utilization status, environment and other matters of the previous land (where a project is implemented by the multi-level replotting method as prescribed in Article 32, buildings entitled to replotting shall be included; hereafter the same shall apply in Articles 42 and 45) and the land to be replotted. <Amended by Act No. 11068, Sep. 30, 2011>
(2) Liquidation money under paragraph (1) shall be determined at the time of a replotting disposition: Provided, That liquidation money for land, etc. excluded from land entitled to replotting under Article 30 or Article 31 may be determined when such liquidation money is granted.
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 Article 42 (Effect of Replotting Dispositions)   print
(1) Replotting lots determined by a replotting plan shall be deemed the previous land from the date following the date when such replotting disposition has been publicly announced, and rights in the previous land the replotting lot of which has not been determined in a replotting plan shall expire when the publicly announced date of such replotting disposition terminates.
(2) Paragraph (1) shall not influence things exclusively belonging to the previous land by administrative disposition or judicial disposition.
(3) Easements on land in an urban development zone, notwithstanding paragraph (1), shall continue to exist in the previous land: Provided, That the easement, of which interests to be exercised have disappeared due to the implementation of an urban development project shall expire when the publicly announced date of such replotting disposition terminates.
(4) Any person who has received a replotting disposition according to a replotting plan under Article 28 shall acquire the common stakes of part of the building and the lot of land where the relevant building is located as prescribed by a replotting plan on the following day of the date when a replotting disposition has been publicly announced. In such cases, it shall be deemed that mortgage for the previous land exists in the common stakes of part of the relevant building and a lot of land where the relevant building is located from the following day of the date when a replotting disposition has been publicly announced.
(5) Any implementer shall acquire the ownership of the land allotted by the authorities in recompense for development outlay under Article 34 and a person designated by a replotting plan shall acquire the ownership of the reserved land respectively on the next day of the day when a replotting disposition has been publicly announced: Provided, That with respect to the land allotted by the authorities in recompense for development outlay of which disposition has already been made under Article 36 (4), the ownership shall be acquired when a person who purchased such land has completed the registration for transfer of the ownership.
(6) Liquidation money under Article 41 shall be determined on the following day of the date when a replotting disposition has been publicly announced.
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 Article 43 (Registration)   print
(1) Any implementer shall, if a replotting disposition is publicly announced under Article 40 (5), notify the competent registry office of thereof within 14 days after the public announcement and commission or file for registration of the land and buildings.
(2) Registration under paragraph (1) shall be filed in accordance with the rules of the Supreme Court.
(3) No other registration may be filed from the date when a replotting disposition has been publicly announced under Article 40 (5) until the registration under paragraph (1) is filed: Provided, That if an applicant for registration proves with a document indicating a fixed date that the cause for registration has arisen before the date of public announcement of a replotting disposition, he/she may file for another registration.
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 Article 44 (Disposal, etc. of Land Allotted by Authorities in Recompense for Development Outlay)   print
(1) Any implementer shall rationally dispose of or manage land allotted by the authorities in recompense for development outlay or reserved land under Article 34 according to the objectives and methods stipulated by the regulations, articles of association, implementation rules or an implementation plan.
(2) Acts on the disposal of property of the State or a local government shall not apply where any implementer who is an administrative agency manages or disposes of land allotted by the authorities in recompense for development outlay or reserved land under paragraph (1) (including cases where it manages or disposes of land allotted by the authorities in recompense for development outlay under Article 36 (4)): Provided, That Articles 29 and 43 of the Public Property and Commodity Management Act shall apply mutatis mutandis where it intends to dispose of land allotted by the authorities in recompense for development outlay according to a trust deed.
(3) Article 27 (1) shall apply mutatis mutandis to the supply prices of developed land, etc. when such developed land, etc. is supplied for establishing schools, waste treatment facilities and other facilities prescribed by Presidential Decree. <Amended by Act No. 11068, Sep. 30, 2011>
(4) Article 27 (2) shall apply mutatis mutandis to land, other than land provided in paragraph (3), among land supplied by an implementer referred to in Article 11 (1) 1 through 4 as necessary for revitalizing urban development projects, such as the invitation of regional characterization projects. <Newly Inserted by Act No. 11068, Sep. 30, 2011>
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 Article 45 (Depreciation Compensation)   print
Where the gross amount of value of the land after the implementation of an urban development project has become less than the value of the land before the implementation of the project due to the implementation of an urban development project, an implementer who is an administrative agency shall pay depreciation compensation equivalent to such difference to the previous landowners or leaseholders, etc. according to the standards prescribed by Presidential Decree.
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 Article 46 (Collection and Grant of Liquidation Money)   print
(1) Any implementer shall collect or grant liquidation money determined after a replotting disposition has been publicly announced: Provided, That liquidation money may be delivered for land, the replotting lot of which is not determined under Articles 30 and 31 even before a replotting disposition.
(2) Liquidation money may be collected or granted in installments with added interest as prescribed by Presidential Decree.
(3) If a person who is to pay liquidation money fails to pay it, an implementer who is an administrative agency may collect it by referring to the practice of disposition on default of national taxes or local taxes and an implementer who is not an administrative agency may commission the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu to collect liquidation money. Article 16 (5) shall apply mutatis mutandis to such cases.
(4) If a person entitled to liquidation money is unable to receive it due to reasons, such as that the person's address unknown, etc. or refuses to receive it, such liquidation money may be deposited.
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 Article 47 (Negative Prescription of Liquidation Money)   print
If an entitlement to receive or collect liquidation money has not been exercised for five years, it shall expire by prescription.
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 Article 48 (Requests for Increase and Decrease of Rent, etc.)   print
(1) If the previous rent, land rent, rental fees, etc. become unreasonable because the use of land which is the object of rights of lease, etc. or of servient estate concerning easements is increased or hindered due to an urban development project, notwithstanding the terms and conditions of contract, the relevant parties may request an increase or decrease in such rent, land rent, rental fees, etc. for future. Where a building is removed due to an urban development project, the same shall also apply to rent for such building.
(2) In cases falling under paragraph (1), the relevant parties may exempt themselves from such obligations by waiver of the relevant rights or termination of the relevant contract.
(3) No request may be made for increase or decrease in rent, land rent, other rental fees, etc., if 60 days have passed from the date when a replotting disposition was publicly announced under Article 40 (5).
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 Article 49 (Waiver of Rights, etc.)   print
(1) If the relevant parties are unable to attain the objective of establishment of easements, rights of lease, etc. due to implementation of an urban development project, they may waive the relevant rights or terminate the relevant contract. The same shall also apply where they are unable to attain the objective of such lease due to removal of buildings by an urban development project.
(2) Any person who has waived such rights or has terminated such contract under paragraph (1) may request an implementer to compensate for loss incurred thereby.
(3) Any implementer who has compensated for loss under paragraph (2) may claim for reimbursement from owners of the relevant land or buildings or a person who has profited therefrom.
(4) Parties shall not waive the rights or terminate the contract under paragraph (1) if it has passed 60 days from the date when a replotting disposition was publicly announced under Article 40 (5).
(5) The provisions concerning methods of and procedures, etc. for compensation for losses from access to the land of others, etc. shall apply mutatis mutandis to the compensation for losses under paragraph (2).
(6) Article 16 (4) and (5) shall apply mutatis mutandis to claims for reimbursement of compensation for losses under paragraph (3).
SECTION 4 Inspection of Completion, etc.
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 Article 50 (Inspections of Completion)   print
(1) Any implementer (excluding where the designating authority is an implementer) shall, when he/she has completed works on an urban development project, make a report on completion of works and undergo the inspection of the designating authority for completion of works as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The designating authority shall, upon receiving a report on completion of works under paragraph (1), without delay conduct an inspection of completion. In such cases, the designating authority may, if necessary for efficient inspection of completion, commission the relevant administrative agency, public institution, research institution, other specialized institutions, etc. to conduct the inspection of completion.
(3) The designating authority may request the head of a State organ, a local government, a public institution, etc. which are to take over or manage public facilities stated in the details of a report on completion of works to participate in the inspection of completion, and the persons whose participation in such inspection has been requested shall comply with such request if there is no special reason otherwise.
(4) Any implementer may, if necessary to implement an urban development project efficiently, undergo an inspection of completion (referring to the public announcement of completion of works made by an implementer in cases where the designating authority is an implementer) under paragraph (1) for the part works completed even before all works for the relevant urban development project is completed.
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 Article 51 (Public Announcement of Completion of Works)   print
(1) The designating authority shall, if it is deemed that an urban development project has been completed according to an implementation plan as a result of an inspection of completion under Article 50 (2), issue an inspection certificate of completion to an implementer and publicly announce the completion of work, and if not completed according to the implementation plan, the designating authority shall order an implementer to take necessary measures without delay, such as complementary works, etc.
(2) Where the designating authority is an implementer, such implementer shall, when works on an urban development project are complete, publicly announce the completion of such works.
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 Article 52 (Authorization, Permission, etc. Deemed Granted Subsequent to Completion of Works)   print
(1) When conducting an inspection of completion under Article 50 (2) or publicly announcing the completion of works under Article 51 (2), it shall be deemed that the matters consulted with the head of the relevant administrative agency under paragraph (3) for the inspection of completion and authorization of completion, etc. under authorization, permission, etc. deemed granted (excluding a license, consultation or approval under Article 19 (1) 4; hereafter the same shall apply in this Article) by the designating authority under Article 19 have undergone such inspection of completion and received such authorization of completion, etc. deemed granted
(2) If an implementer (excluding an implementer who is the designating authority) intends to receive an inspection of completion and authorization of completion deemed granted under paragraph (1), he/she shall submit the relevant documents prescribed by the relevant Acts together when it files an application for inspection of completion under Article 50 (1).
(3) When conducting an inspection of completion under Article 50 (2) or publicly announcing the completion of works under Article 51 (2), if there are matters in its details applicable to an inspection of completion and authorization of completion, etc. under the authorization, permission, etc. deemed granted under Article 19, the designating authority shall consult with the head of the relevant administrative agency in advance.
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 Article 53 (Use of Developed Land, etc. Prior to Completion)   print
Developed land, etc. (excluding land allotted by the authorities in recompense for development outlay) shall not be used prior to the inspection of completion under Article 50 or the public announcement of the completion of works under Article 51: Provided, That the same shall not apply where permission for use is obtained from the designating authority as prescribed by Presidential Decree, such as obtaining ascertainment on the hindrance of implementation of the project, etc.
CHAPTER IV ALLOTMENT OF EXPENSES, ETC.
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 Article 54 (Principle of Allotment of Expenses)   print
Expenses for an urban development project shall be levied on an implementer, except in cases where special provisions exist otherwise in this Act or other Acts.
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 Article 55 (Installation of Facilities in Urban Development Zones and Allotment of Expenses, etc.)   print
(1) Installation of facilities in an urban development zone shall be according to the classification of the following subparagraphs:
1. Roads and water supply facilities and sewers shall be constructed by a local government;
2. Electric facilities, gas-supply facilities or district heating facilities shall be installed by persons who supply electricity, gas or heating to the relevant district respectively; and
3. Communication facilities shall be installed by a person who provides the communication services to the relevant district.
(2) Installation expenses for facilities under paragraph (1) shall be levied on the obligator of each installation: Provided, That in cases where a project implementer requests that electric facilities of the facilities under paragraph (1) 2 in an urban development zone be installed as underground transmission line, an electricity supplier and an implementer requesting underground transmission line shall bear expenses for such installation at the ratio of a half each (in cases where an urban development project is implemented by full replotting method, an electricity supplier shall bear expenses at the ratio of 2/3 and an implementer requesting underground transmission lines at the ratio of 1/3). <Newly Inserted by Act. No. 9044, Mar. 28, 2008>
(3) Installation of facilities under paragraph (1) shall be completed by the date of application for the inspection of completion (referring to the date when works on an urban development project is completed in cases where the designating authority is an implementer) under Article 50 if there is no special reason otherwise. <Newly Inserted by Act. No. 9044, Mar. 28, 2008>
(4) The scope of installation of facilities by type under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act. No. 9044, Mar. 28, 2008>
(5) Where an implementer intends to bear expenses for construction of the facilities as road or water supply facilities and sewers not belonging to the scope of mandatory installation by a local government from among the scope of installation by type of the facilities prescribed by Presidential Decree under paragraph (4), a local government may perform such road building project or such construction project of water supply facilities and sewers on its behalf at the request of an implementer. <Amended by Act No. 9044, Mar. 28, 2008>
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 Article 56 (Allotment of Expenses by Local Governments)   print
(1) Where the designating authority is an implementer, such implementer may, if there is a City/Do or a Si/Gun/Gu profiting from an urban development project it has implemented, charge the City/Do or the Si/Gun/Gu gaining such profit part of expenses incurred in such urban development project as prescribed by Presidential Decree. In such cases, the Minister of Land, Transport and Maritime Affairs shall consult with the Minister of Public Administration and Security, and the Mayor/Do Governor or the head of a Large Si shall, if he/she intends to charge Si/Gun/Gu, other than those under his/her jurisdiction, the expense, consult with the Mayor/Do Governor having jurisdiction over such Si/Gun/Gu, in cases where the consultation is not effected between the Mayor and Do Governor or the head of a Large Si and the Mayor/Do Governor, they shall comply with a decision of the Minister of Public Administration and Security. <Amended by Act No. 9044, Mar. 28, 2008>
(2) The head of a Si (excluding the head of a Large Si)/Gun/Gu may, if other local governments which gain profit from an urban development project he/she has implemented, charge such local governments part of the expenses incurred in such urban development project through the consultation with other local governments gaining such profit as prescribed by Presidential Decree. In such cases, where the consultation is not effected, they shall comply with a decision of the competent Mayor/Do Governor, the latter part of paragraph (1) shall apply mutatis mutandis where the Mayor/Do Governor having jurisdiction over such Si/Gun/Gu is mutually different. <Amended by Act No. 9044, Mar. 28, 2008>
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 Article 57 (Bearing of Expenses by Managers of Public Facilities)   print
(1) If public facilities established and managed by a person, other than an implementer, profit from an urban development project, the implementer who is an administrative agency may require the manager of such public facilities to partially bear expenses incurred in such urban development project in consultation with him/her, as prescribed by Presidential Decree. In such cases, if such consultation is not held, the Minister of Land, Transport and Maritime Affairs shall make a determination thereon after considering the opinions of the head of the relevant central administrative agency on such public facilities.
(2) Where any implementer installs a common utility duct, it may require persons obligated to install facilities to be accommodated in the common utility duct pursuant to other Acts to bear expenses for the installation of such common utility duct. In such cases, Article 44 of the National Land Planning and Utilization Act shall apply mutatis mutandis to matters concerning methods of, and standards for installing common utility ducts, bearing of expenses and other matters. <Amended by Act No. 11186, Jan. 17, 2012>
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 Article 58 (Expenses for Building Infrastructure Outside Urban Development Zones)   print
(1) Where the infrastructure prescribed by Presidential Decree is built in a district outside an urban development zone to be provided for use in the urban development zone, the designating authority may require the relevant implementer to build such infrastructure or to bear expenses incurred therein according to the development plan containing an expense-bearing plan under Article 5 (1) 13.
(2) The State or a local government may subsidize remaining building expenses except for expenses to be borne by an implementer under paragraph (1). In such cases, the Minister of Land, Transport and Maritime Affairs shall determine the scale or method of subsidization and other matters in consultation with the head of the relevant central administrative agency.
(3) Where the infrastructure not included in an expense-bearing plan under Article 5 (1) 13 shall be additionally built outside an urban development zone due to a modification to an implementation plan, the designating authority may require persons who have caused additional building of infrastructure, such as a modification to an implementation plan, etc. to bear such expenses, as prescribed by Presidential Decree.
(4) If a local government or the manager of public facilities profits from infrastructure built outside an urban development zone at the expense of an implementer, the designating authority may require the local government or the manager of public facilities that profits therefrom to partially bear expenses incurred in building such infrastructure, as prescribed by Presidential Decree. In such cases, the designating authority shall consult with the relevant local government or the manager of public facilities and the implementer.
(5) Where a person in receipt of notice by the designating authority to bear expenses incurred in building infrastructure pursuant to paragraphs (1) and (3) has an objection to bearing of expenses, he/she may apply for an adjustment accompanied by evidentiary data with the designating authority within 20 days of receipt of such notice. In such cases, the designating authority shall examine the application and notify the applicant of the results thereof within 15 days of receipt of such application. <Newly Inserted by Act No. 11186, Jan. 17, 2012>
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 Article 59 (Subsidies and Loans)   print
Expenses incurred in implementing an urban development project may be fully or partially subsidized or financed from the National Treasury, as prescribed by Presidential Decree: Provided, That if an implementer is an administrative agency, such expenses may be fully subsidized or financed.
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 Article 60 (Establishment, etc. of Special Accounts for Urban Development)   print
(1) The Mayor/Do Governor or the head of a Si/Gun (excluding the head of a Gun located in a Metropolitan City) may establish a special account for urban development (hereinafter referred to as "special account") to promote urban development projects and support the establishment, etc. of Urban/Gun planning facility projects. <Amended by Act No. 10599, Apr. 14, 2011>
(2) The special account shall be created by the following financial resources: <Amended by Act No. 10221, Mar. 31, 2010>
1. Money transferred from general accounts;
2. Subsidies from the Government;
3. Funds raised by issuing urban development bonds under Article 62;
4. Proceeds and the balance of implementation under Article 70;
5. Fines for negligence imposed and collected pursuant to Article 85;
6. The amount of money in the ratio prescribed by ordinances of the relevant City/Do, among overpopulation charges that revert to the City/Do under Article 16 of the Seoul Metropolitan Area Readjustment Planning Act;
7. The amount of money in the ratio prescribed by ordinances of each local government, among development charges that revert to the relevant local government under Article 4 (1) of the Restitution of Development Gains Act;
9. The amount of money in the ratio prescribed by Presidential Decree among the amount collected through the property tax imposed and collected pursuant to Article 112 of the Local Tax Act (excluding paragraph (1) 1 of the same Act);
10. Borrowed funds;
11. Loan proceeds, interest income from funds in the relevant special account and other proceeds.
(3) Where the State, or a local government, etc. implements an urban development project by the replotting method, a special account shall be established respectively for each project for separate accounting.
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 Article 61 (Operation of Special Accounts)   print
(1) The special account shall be used for the following purposes: <Amended by Act No. 10599, Apr. 14, 2011>
1. Subsidizing and financing construction funds for implementers of urban development projects;
2. Subsidizing and financing Urban/Gun planning facility projects;
3. Funds for installing Urban/Gun planning facilities prescribed by Presidential Decree, which are implemented by local governments;
4. Redemption of principal of and interest on urban development bonds under Article 62;
5. Surveys and research funds for designation of urban development zones, preparation of plans therefor and development of systems;
6. Repayment of principal of and interest on borrowed funds;
7. Expenses incurred in creating, operating and administering special accounts;
8. Other matters prescribed by Presidential Decree.
(2) The Minister of Land, Transport and Maritime Affairs may require the head of a local government to report on the operation status of the special account.
(3) Matters necessary for the establishment, operation and administration of special accounts shall be prescribed by ordinances of the relevant local government according to the standards prescribed by Presidential Decree.
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 Article 62 (Issuance of Urban Development Bonds)   print
(1) The head of a local government may issue urban development bonds to raise funds necessary for urban development projects or Urban/Gun planning facility projects. <Amended by Act No. 10599, Apr. 14, 2011>
(2) Deleted. <by Act No. 9862, Dec. 29, 2009>
(3) The extinctive prescription of urban development bonds shall be five years for principal thereof and two years for interest thereon reckoning from the date of redemption.
(4) The interest rate, method of issuance, procedures for issuance, redemption, issuance affairs of urban development bonds and other necessary matters shall be prescribed by Presidential Decree.
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 Article 63 (Purchase of Urban Development Bonds)   print
(1) Any of the following persons shall purchase urban development bonds:
1. In the cases of an urban development project implemented by method of expropriation or use, a person referred to in Article 11 (1) 1 through 4 and a person who enters into a contract for construction works;
2. Any implementer of an urban development project, other than an implementer referred to in subparagraph 1;
3. Any person prescribed by Presidential Decree among the persons who obtain permission under Article 56 (1) of the National Land Planning and Utilization Act.
(2) When applying paragraph (1), a person who has undergone consultation deemed authorization of an implementation plan of Article 17 under other Acts or permission for development of Article 56 of the National Land Planning and Utilization Act shall be included.
(3) Projects for which urban development bonds shall be purchases, the amount thereof and procedures therefor and other matters shall be prescribed by Presidential Decree.
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 64 (Access to Third Person's Land)   print
(1) Any person referred to in any subparagraph of Article 11 (1) may have access to the land occupied by any third person or temporally use such land as a place for storing materials or a temporary road, and if particularly necessary, change or remove obstacles, etc. thereon if necessary for designating an urban development zone, conducting research and surveys for an urban development project or implementing such project.
(2) Any person who intends to have access to any third person's land under paragraph (1) shall obtain a permit from the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu (only applicable to an implementer of an urban development project, who is not an administrative agency) and notify the owner, occupant or manager of such land of the time and place by three days prior to the date he/she intends to have access to such land.
(3) Any person who intends to temporally use any third persons' land as a place for storing materials or a temporary road, or change or remove obstacles, etc. thereon shall first obtain consent from the owner, occupant or manager of such land.
(4) In cases falling under paragraph (3), if he/she is unable to obtain consent from the owner, occupant or manager of the land or the obstacles, etc. because he/she is not at the site or his/her address or residence is unknown, he/she shall give notice to the Governor of the competent Special Self-Governing Province and the head of the competent Si/Gun/Gu: Provided, That an implementer of an urban development project who is not an administrative agency shall obtain a permit from the Governor of the competent Special Self-Governing Province and the head of the competent Si/Gun/Gu.
(5) Any person who intends to use any third person' land temporarily, or change or remove obstacles, etc. thereon under paragraphs (3) and (4) shall notify the owner, occupant, manager of the relevant land or obstacles, etc. of the matters concerning his/her temporary use of such land and change or removal of such obstacles, etc. by not later than three days prior to the date he/she intends to use the land or change or remove obstacles, etc.
(6) No person may have access to a housing site or any third person's land surrounded by a housing site or a wall or fence without the consent of the occupant of the relevant land before sunrise or after sunset.
(7) No occupant of land shall hinder or refuse any conduct of an implementer under paragraph (1) without any justifiable reasons.
(8) Any person who intends to engaged in any conduct under paragraph (1) shall carry identification and a permit indicating his/her authority, and produce them to the relevant persons; matters necessary for such identification and permits shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
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 Article 65 (Compensation for Loss)   print
(1) If a person has suffered loss by an activity under Article 38 (1) (the same shall not apply to buildings in violation of Article 56 (1) of the National Land Planning and Utilization Act) or Article 64 (1), the implementer thereof shall compensate such loss.
(2) With respect to compensation for loss under paragraph (1), the person who is liable to compensate such loss shall consult with the person who has incurred such loss.
(3) Any person who is liable to compensate loss or a person who has suffered loss may, if the consultation under paragraph (2) is not effected or is unable to be made, file an application for adjudication to the competent Land Expropriation Committee.
(4) Provisions of Articles 83 through 87 of the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to adjudication of the competent Land Tribunal under paragraph (3).
(5) Provisions of Articles 14, 18, 61, 63 through 65, 67, 68, 71 through 73, 75, 75-2, 76, 77 and 78 (5), (6) and (9) through (7) of the Act on the Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the standards for compensation under paragraph (1).
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 Article 66 (Reversion, etc. of Public Facilities)   print
(1) Where an implementer provided in Article 11 (1) 1 through 4 establishes new public facilities or establishes public facilities replacing existing public facilities, the former public facilities shall gratuitously revert to the implementer and the new public facilities shall gratuitously revert to an administration agency to manage such facilities (hereafter referred to as "managing agency" in this Article and Article 67), notwithstanding the State Property Act and the Public Property and Commodity Management Act.
(2) New public facilities established by an implementer provided in Article 11 (1) 5 through 11 shall gratuitously revert to the relevant managing agency; public facilities of an administration agency, which become obsolete by the implementation of an urban development project, may be gratuitously reverted to the relevant implementer within the extent equivalent to installation expenses of public facilities newly established, notwithstanding the State Property Act and the Public Property and Commodity Management Act.
(3) If the designating authority intends to prepare or authorize an implementation plan containing matters concerning reversion of public facilities under paragraphs (1) and (2), it shall first hear the opinions of the managing agency of such public facilities: Provided, That where no managing agency has been designated, the designating authority shall hear the opinions of the managing agency after such managing agency is designated before completion of completion inspections (referring to the public announcement of the completion of works under Article 51 where the designating authority is an implementer).
(4) Where the designating authority has prepared or authorized an implementation plan after hearing the opinion of a managing agency under paragraph (3), an implementer may perform an urban development project as if he/she has obtained approval, permission, etc. to occupy and use the public facilities stated in the implementation plan under the relevant Acts. In such cases, occupancy and use fees or use fees incurred to occupy and use, or use the relevant public facilities shall be deemed exempted.
(5) Where an implementer provided in Article 11 (1) 1 through 4 has undergone completion inspections (referring to the public announcement of the completion of works under Article 51, where the designating authority is an implementer) upon completion of an urban development project, he/she shall notify the managing agency of the relevant public facilities of kinds of such public facilities and a detailed list of land. In such cases, such public facilities shall be deemed reverted respectively to the managing agency to manage the relevant public facilities and the relevant implementer on the date of such notification.
(6) An implementer provided in Article 11 (1) 5 through 11 shall notify the managing agency of the relevant public facilities of the kinds and a detailed list of land for such public facilities to be transferred to him/her or to revert to the managing agency under paragraph (2) before the completion inspections of the relevant urban development project are completed, and the designating authority who has conducted such completion inspections shall notify the managing agency of the relevant public facilities of the details thereof. In such cases, such public facilities shall be deemed reverted to the managing agency to manage the relevant public facilities or transferred to the relevant implementer, respectively, when the designating authority has issued a certificate of completion inspections.
(7) When registering public facilities under paragraphs (1) through (6), a certificate of completion inspections referred to in Article 51 (1) (referring to the public announcement of the completion of works under paragraph (2) of the same Article, where an implementer is the designating authority) shall replace a document attesting the grounds for registration under the Registration of Real Estate Act. <Amended by Act No. 10580, Apr. 12, 2011>
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 Article 67 (Management of Public Facilities)   print
The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall manage the public facilities installed in an urban development zone through an urban development project until they revert to the managing agency of the relevant public facilities after the completion of works, unless otherwise expressly provided in this Act or other Acts.
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 Article 68 (Restrictions, etc. on Disposal of State-Owned Land or Public Land)   print
(1) It is prohibited to dispose of land, such as land owned by the State or local governments, in an urban development zone necessary for an urban development project for purposes other than for purposes prescribed by the relevant development plan.
(2) It is permitted to dispose of assets, such as assets owned by the State or local governments, in an urban development zone necessary for an urban development project to an implementer by means of a free contract notwithstanding the State Property Act and the Public Property and Commodity Management Act. In such cases, with respect to disuse (limited to administrative assets) or disposal of such assets, the designating authority shall consult in advance with the head of the relevant administrative agency.
(3) The head of the relevant administrative agency upon receipt of a request for consultation under the latter part of paragraph (2) shall take necessary measures for consultation within 30 days from the date of such request.
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 Article 69 (Lease of State-owned Land and Public land, etc.)   print
(1) In cases of an implementer referred to in Article 11 (1) 7, the Minister of Strategy and Finance, the managing agency of the state-owned assets or the head of a local government may use, profit from or lend (hereinafter referred to as "lease"), through free contract, the land, factories and other state-owned land and public land owned by the State or local governments in an urban development zone, notwithstanding the State Property Act and the Public Property and Commodity Management Act.
(2) The period of lease in cases where land, etc. owned by the State or local governments is leased under paragraph (1) may be set within 20 years, notwithstanding the State Property Act and the Public Property and Commodity Management Act.
(3) Where the land owned by the State or local government is leased under paragraph (1), construction of factories or other permanent facilities on such land may be permitted, notwithstanding the State Property Act and the Public Property and Commodity Management Act. In such cases, the land may be leased, in consideration of the types, etc. of such facilities, on condition that they shall be donated to the State or a local government or be returned by restoring to their original state when the period of lease expires.
(4) Rent for land, etc. leased under paragraph (1) shall be prescribed by Presidential Decree, notwithstanding the State Property Act and the Public Property and Commodity Management Act.
(5) The period of lease under paragraph (2) may be renewed. In such cases, whenever renewed, the period shall not exceed the period under paragraph (2).
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 Article 70 (Restriction, etc. on Use of Proceeds, etc.)   print
(1) Proceeds from the disposal of land, the use of which has been discontinued, as the land which will revert to implementers of Article 11 (1) 1 through 4 under Article 66 (1), shall not be used for purposes other than the purposes prescribed by the relevant development plan.
(2) Each implementer shall not use proceeds from sale of land allotted by the authorities in recompense for development outlay under Article 44, liquidation money collected under Article 46 and charges and subsidies, etc. under Articles 56, 57 and 59 for purposes other than the purposes of the relevant urban development project.
(3) If the balance of implementation after the use of proceeds, etc. for the purpose of urban development projects under paragraphs (1) and (2), such balance of implementation and proceeds from the implementation of an urban development project by a local government by the method of expropriation or use under Article 21 shall revert to the special account established in the relevant local government.
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 Article 71 (Reduction, etc. on and Exemption from Taxes, Charges, etc.)   print
The State and local governments may reduce and exempt local taxes, charges to preserve farmland, expenses to create substitute forest resources, etc. as prescribed by the Restriction of Special Local Taxation Act, the Farmland Act, and the Management of Mountainous Districts Act, etc. in order to smoothly implement urban development projects. <Amended by Act No. 10220, Mar. 31, 2010>
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 Article 71-2 (Special Exceptions to Relaxation of Applicable Standards to Combined Development, etc.)   print
(1) In any of the following cases, any designating authority may apply partially relaxed standards concerning zones to be designated as urban development zones and the size thereof under Article 3, the contents of development plans under Article 5, requirements for designating implementers under Article 11 and purchase of urban development bonds under Article 63:
1. A project prescribed by Presidential Decree for which two or more areas separated from one another are combined to implement an urban development project under Article 3-2;
2. Where a low-carbon green city plan is prepared and implemented, as prescribed by Presidential Decree, concurrently with the preparation of a development plan under Article 5;
3. Where construction sites for rental housing or rental housing is supplied in excess of the standards therefor under Article 21-3, or a project plan is prepared, as prescribed by Presidential Decree, for socially disadvantaged citizens, such as low-income tenants and landowners;
4. Where a replotting plan is prepared and implemented, as prescribed by Presidential Decree, to smoothly settle low-income landowners, etc. in an area in which an urban development project is implemented by the replotting method;
5. Where a site, etc. for constructing Bogeumjari housing under the Special Act on the Construction of Bogeumjari Housing, etc. is supplied at a price below the appraised price;
6. Where it is necessary for supplying more small housing in the downtown and for facilitating intensive land use and the combined development of buildings when an urban development zone is designated in an area in which public transportation systems are readily available, such as the railway station sphere, etc. (limited to cases where the size of a residential area, commercial area or an industrial area pursuant to Article 36 of the National Land Planning and Utilization Act is at least 70 percent of the total size of an urban development zone);
7. Where a project prescribed by Presidential Decree that requires investments from private enterprises is implemented to improve a residential or living environment, and to recover the urban functions of underdeveloped areas.
(2) Where any designating authority deems it necessary to efficiently implement projects containing the matters referred to in any subparagraph of paragraph (1), it may determine and apply relaxed standards for the following matters to the extent prescribed by Presidential Decree, notwithstanding applicable Acts. In such cases, where the designating authority is a Mayor/Do Governor or the head of a Large Si, he/she may determine and implement relaxed standards to the extent prescribed by Presidential Decree:
1. Restrictions on the construction of buildings, building-to-land ratios and floor area ratios under Articles 76 through 78 of the National Land Planning and Utilization Act;
2. Restrictions on building, such as deliberation on building, landscaping of building sites, height of buildings, etc. under Articles 4, 42, 60 and 61 of the Building Act;
3. Standards for securing urban parks or green areas under Article 14 of the Act on Urban Parks, Greenbelts, etc.;
4. Standards for parking lot facilities and annexed parking lots under Articles 6 and 19 of the Parking Lot Act;
5. Standards for the construction and supply of housing and the purchase of national housing bonds under Articles 21, 38 and 68 of the Housing Act.
(3) Detailed scope of, and standards for application, standards under paragraphs (1) and (2) and other matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11068, Sep. 30, 2011]
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 Article 72 (Public Perusal, Keeping, etc. of Relevant Documents)   print
(1) Any implementer may request the head of a registry office or any other relevant administrative agency for permission to peruse and reproduce necessary documents or to issue a certified or abridged copy of such documents free of charge if necessary to implement an urban development project.
(2) An implementer shall disclose the following matters by publishing them in the Official Gazette, official bulletin, daily newspapers or on the Internet websites so that landowners and other interested persons may learn them: <Amended by Act No. 11068, Sep. 30, 2011>
1. Where regulations, articles of incorporation, etc. are stipulated, the details thereof;
2. Matters an implementer shall submit for public inspection, announce publicly or give notice;
3. Details of designation of an urban development zone and development plans, and details of the preparation and authorization of an implementation plan;
4. Details of authorization of a replotting plan;
5. Other matters prescribed by Presidential Decree for implementing an urban development project.
(3) An implementer shall keep documents, drawings, etc. listed in the subparagraphs of paragraph (2) at the main office in an area in which an urban development project is implemented, and where a right-holder requests perusal or reproduction in relation to land, etc. in the urban development zone, the implementer shall permit such perusal and reproduction to the right-holder, except for personal information. In such cases, the reproduction may be made at the expense of the requester up to expenses actually incurred therein. <Newly Inserted by Act No. 11068, Sep. 30, 2011>
(4) Where an implementer who is not an administrative agency has completed or ceased an urban development project, he/she shall transfer relevant documents or drawings to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 11068, Sep. 30, 2011>
(5) An implementer who is an administrative agency and the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu who obtains relevant documents under paragraph (4) shall keep the relevant documents of such urban development project for a period fixed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 11068, Sep. 30, 2011>
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 Article 73 (Succession to Rights and Duties)   print
Where an implementer or a person who has rights on land, etc. in an urban development zone (hereinafter referred to as "interested person, etc") has been changed, it shall be deemed that disposition, procedures and other conducts which the previous interested person, etc. have taken or conducted, or which have been taken or conducted to the previous interested person, etc. under this Act, or under the orders or the regulations, the articles of association or the implementation rules under this Act, have been taken or conducted by a person who has newly become an interested person, etc. or to a person who has newly become an interested persons, etc.
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 Article 74 (Reports, Inspections, etc.)   print
(1) The designating authority or the Governor of a Special Self-Governing Province and the head of a Si (excluding the head of a Large Si)/Gun/Gu may, if deemed necessary in connection with implementation of an urban development project, order an implementer (excluding where the designating authority is an implementer) to make a necessary report or submit data, and have a public official under its control inspect the matters on the affairs and accounting for an urban development project. <Amended by Act No. 9044, Mar. 28, 2008>
(2) Any public official inspecting affairs or accounting under paragraph (1) shall carry a document indicating his/her authority and display it to the relevant person.
(3) Matters necessary for documents under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
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 Article 75 (Administrative Dispositions on Violators of Acts, etc.)   print
Any designating authority or the head of a Si (excluding the head of a Large Si)/Gun/Gu may revoke the designation of an implementer or authorization for an implementation plan, or may issue an order to suspend works, to rebuild or remove a building, etc. or an obstacles, etc. and may take other necessary dispositions or measures with respect to any of the following persons: <Amended by Act No. 9044, Mar. 28, 2008; Act No. 9862, Dec. 29, 2009; Act No. 11068, Sep. 30, 2011>
1. Any person who fails to fulfill the conditions imposed by the designating authority at the time of preparation under Article 4, designation under Article 11, authorization under Articles 13 and 17 or approval under Article 29, or fails to implement an urban development project in line with the relevant development plan or implementation plan;
2. Any person who engages in any conduct without permission under Article 9 (5);
3. Any person who obtains designation as an implementer under Article 11, obtains authorization for establishment of an association under Article 13, obtains authorization for an implementation plan under Article 17, obtains the adjudication on expropriation or use of land, etc. under Article 22, obtains approval for issuance of land redemption bonds under Article 23 or obtains authorization for a replotting plan under Article 29 by false or other illegal means;
4. Any person who violates the regulations under Article 11 (3), the implementation rules under Article 11 (4) or the articles of association under Article 13 (1);
5. Any person who violates the proviso to Article 13 (2), Articles 35, 37 (2), 38 (2), 40, 43, 66 (6), 70 (2) or Article 72;
5-2. Any person who fails to create and supply construction sites for rental housing to tenants, etc. or fails to construct and supply rental housing, in violation of Article 21-3 (1);
6. Any person who issues land redemption bonds without approval under Article 23;
7. Any person who fails to take countermeasures for migration, etc. or fails to implement the countermeasures under Article 24;
8. Any person who receives an advance payment, in violation of Article 25;
8-2. Any person who fails to fulfill conditions imposed on approval under Article 25-2 (5) or fails to implement measures under paragraph (7) of the same Article;
9. Any person who fails to submit a supply plan of the developed land, etc. or supplies the developed land, etc. different from a supply plan under Article 26 (1);
10. Any person who relocates or removes obstacles without permission under Article 38 (1);
10-2. Any person who fails to fulfill conditions imposed on a permit to relocate or remove buildings under Article 38 (2);
11. Any person who fails to undergo a completion inspection under Article 50 (1);
12. Any person who uses the developed land, etc. without permission for use under the proviso to Article 53;
13. and 14. Deleted. <by Act No. 9862, Dec. 29, 2009>
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 Article 76 (Hearings)   print
Any designating authority or the Governor of a Special Self-Governing Province and the head of a Si (excluding the head of a Large Si)/Gun/Gu shall hold a hearing if he/she intends to revoke permission, designation, authorization or approval under this Act according to Article 75. <Amended by Act No. 9044, Mar. 28, 2008>
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 Article 77 (Administrative Appeals)   print
Any person who is dissatisfied with any measure taken by an implementer may file for an administrative appeal under the Administrative Appeals Act: Provided, That with respect to any measure taken by an implementer who is not an administrative agency, he/she shall file for an administrative appeal with the designating authority, unless otherwise expressly provided in other Acts.
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 Article 78 (Application Mutatis Mutandis to Facilities outside Urban Development Zones)   print
Articles 3 through 53 and 64 through 77 shall apply mutatis mutandis to where it is necessary for implementing a project directly related to an urban development project, such as building infrastructure, etc. in an area outside an urban development zone, which is provided to use an urban development zone.
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 Article 79 (Delegation of Authority, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs may delegate part of his/her authority under this Act to the Mayor/Do Governor or the heads of affiliated institutions, as prescribed by Presidential Decree, and the Mayor/Do Governor may re-delegate his/her delegated authority to the head of a Si/Gun/Gu with the approval of the Minister of Land, Transport and Maritime Affairs.
(2) The Mayor/Do Governor may delegate part of his/her authority under this Act to the head of a Si/Gun/Gu, as prescribed by ordinances of the City/Do.
(3) Where the authority has been delegated or re-delegated under paragraphs (1) and (2), matters which shall undergo a resolution of the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act or a resolution of the Local Urban Planning Committee under Article 113 (1) of the same Act among delegated or re-delegated matters shall undergo a resolution of the Local Urban Planning Committee established in the local government to which such authority has been delegated or re-delegated.
CHAPTER VI PENAL PROVISIONS
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 Article 80 (Penal Provisions)   print
Any of the following persons shall be sentenced to imprisonment for not more than three years or to a fine not exceeding 30 million won: <Amended by Act No. 11068, Sep. 30, 2011>
1. Any person who engages in any conduct without obtaining permission under Article 9 (5);
2. Any person who obtains designation as an implementer under Article 11 (1) by any unlawful means;
3. Any person who obtains authorization of an implementation plan under Article 17 (2) by any unlawful means
4. Any person who supplies land retaining original features without obtaining approval of a supply plan thereof under Article 25-2 (1) and (2), or obtains approval by any unlawful means;
5. Any person who sells land retaining original features, in violation of Article 25-2 (6).
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 Article 81 (Penal Provisions)   print
Any of the following persons shall be sentenced to imprisonment for not more than two years or to a fine not exceeding 20 million won:
1. Any person who implements an urban development project without authorization of an implementation plan under Article 17 (2);
2. Any person who supplies developed land, etc. without having submitted a supply plan of such developed land, etc. under Article 26 (1);
3. Any person who uses the developed land, etc. without having obtained permission for use under the proviso to Article 53.
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 Article 82 (Penal Provisions)   print
Any of the following persons shall be sentenced to imprisonment for not more than one year or to a fine not exceeding ten million won: <Amended by Act No. 9862, Dec. 29, 2009>
1. Any person who inflicts losses on an implementer or persons who sells the developed land, etc. as he/she has neglected the supervision of works under Article 20 (2) intentionally or by negligence and incurs construction of unlawful works on an urban development project;
2. Any construction contractor who continues to engage in works on an urban development project in spite of receipt of a corrective notice, in violation of Article 20 (4) and an implementer;
3. Any person who violates a disposition or order to take measure under Article 75, such as designation of an implementer, revocation of authorization, etc. of an implementation plan, suspension of works, rebuilding or removal of buildings, etc. and obstacles, etc.
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 Article 83 (Joint Penal Provisions)   print
If the representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits any violation provided in Articles 80 through 82 in connection with the affairs of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be sentenced to a fine under the same Articles: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant affairs to prevent such violation.
[This Article Wholly Amended by Act No. 9862, Dec. 29, 2009]
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 Article 84 (Persons Deemed Public Officials for Purposes of Penal Provisions)   print
Any executive or employee of an association, and supervisor performing affairs provided in Article 20 shall be deemed a public official for the purposes of the penal provisions under Article 129 through 132 of the Criminal Act.
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 Article 85 (Fines for Negligence)   print
(1) Any of the following persons shall be sentenced to a fine for negligence not exceeding ten million won:
1. Any person who refuses, interferes with or evades a survey or measurement under Article 6;
2. A person who engages in any conduct provided in Article 64 (1) without permission or consent under Article 64 (2) through (4);
3. A person who refuses, interferes with or evades an inspection under Article 74 (1).
(2) Any of the following persons shall be sentenced to a fine for negligence not exceeding five million won: <Amended by Act No. 11068, Sep. 30, 2011>
1. Any association that performs affairs, other than urban development projects;
2. Any person who violates Article 39 (3);
3. Any person who fails to give notice under Article 40 (5);
4. Any person who has access to any third person' land, in violation of Article 64 (6);
5. Any person who fails to transfer relevant documents or drawings under Article 72 (4);
6. Any person who fails to file a report under Article 74 (1) or files a false report;
7. Any person who fails to submit data under Article 74 (1) or submits false data.
(3) Fines for negligence provided in paragraph (1) or (2) shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs, the relevant Mayor/Do Governor and the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 9862, Dec. 29, 2009>
(4) through (6) Deleted. <by Act No. 9862, Dec. 29, 2009>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on April 12, 2008: Provided, That the amended provisions of Article 19 (1) 14 shall enter into force on May 26, 2008, the amended provisions of Article 19 (1) 4 shall enter into force on June 28, 2008, the amended provisions of Article 19 (1) 28 shall enter into force on August 28, 2008, the amended provisions of Article 21 (2) shall enter into force six months after the date of its promulgation, Article 9 (19) of Addenda shall enter into force on December 28, 2008 and the amended provisions of Article 12 (4) shall enter into force on February 4, 2009.
Article 2 (Transitional Measure Concerning Enforcement Date)
Until the amended provisions of Articles 12 (4), 19 (1) 4, 14 and 28, 21 (2) enter into force, the former Articles 12 (4), 19 (1) 4, 14 and 28, and 21 (2) corresponding thereto shall apply.
Article 3 (Applicability to Restrictions on Conducts in Area where Public Announcement for Hearing Opinion of Inhabitants, etc. is made)
A restriction on any conduct in the area where public announcement for hearing of the opinions of inhabitants, etc. is made from among the amended provisions of Article 9 (5) shall apply from the first public announcement for hearing of the opinions of inhabitants, etc. to be made after this Act enters into force.
Article 4 (Applicability to Supervision on Construction of Urban Development Projects)
The amended provisions of Article 20 shall apply from the first urban development zone which is designated on or after October 12, 2007 which is the enforcement date of the amended provisions in Article 19-2 of partly amended Act, Act No. 8376, the Urban Development Act.
Article 5 (Applicability to Requirements for Expropriation or Use of land, etc.)
The amended provisions of the proviso to Article 22 (1) shall apply from the first urban development zone designated on or after April 12, 2008 which is the enforcement date of the amended provisions in Article 21 (1) of partly amended Act, Act No. 8376, the Urban Development Act.
Article 6 (Transitional Measure to Land Compartmentalization and Rearrangement Projects)
(1) From among plans for the land compartmentalization and rearrangement projects determined by the urban planning under the former Urban Planning Act (Act No. 5982) at the time of July 1, 2003 which is the enforcement date of Act No. 6853, the amended Act of the Urban Development Act, the determination of modification of the same planning for the districts for which authorization for implementation have been obtained or the period of application has been assigned under Articles 9, 10, 16 and 32 of the Land Division and Rearrangement Projects Act (Act No. 5904) shall comply with the previous Urban Planning Act (Act No. 5982), the implementation shall comply with the Land Division and Rearrangement Projects Act (Act No. 5904) respectively, in cases other than those, it shall be deemed that urban development zones have been designated under Article 3 of the Urban Development Act, a development plan has been prepared under Article 4 of the same Act and district unit planned zones have been designated under Article 42 of the Urban Planning Act, in such cases, the method of implementation of projects shall be in accordance with the method of replotting under the amended provisions of Article 21 of the Urban Development Act.
(2) Unsold land allotted by the authorities in recompense for development outlay arising from the implementation of land compartmentalization and rearrangement projects undergoing implementation under the Land Division and Rearrangement Projects Act (Act No. 5904) and proceeds such as the balance of implementation, etc. of uncollected liquidation money shall revert to the special accounting for urban development under the amended provisions of Article 60 (1) of the Urban Development Act on the date prescribed by Municipal Ordinance of the relevant City/Do or Si/Gun within the extent of five years.
Article 7 (General Transitional Measure Concerning Disposition, etc.)
Acts of an administrative agency or acts to an administrative agency under the former provisions at the time this Act enters into force shall be deemed acts of an administrative agency or acts to an administrative agency under this Act corresponding thereto.
Article 8 (Transitional Measures Concerning Penal Provisions or Fines for Negligence)
When applying penal provisions or fines for negligence for any violation committed before this Act enters into force, the previous provisions shall apply to such acts.
Article 9 Omitted.
Article 10 (Relationship with other Acts)
Where the former Urban Development Act or the provisions thereof have been cited by other Acts at the time this Act enters into force, if provisions corresponding thereto exist in this Act, it shall be deemed that this Act or the corresponding provisions of this Act have been cited in lieu of the former provisions.
ADDENDA <Act No. 9044, Mar. 28, 2008>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 55 (2) shall enter into force on April 12, 2008.
(2) (Applicability to Designation, etc. of Urban Development Zone) The amended provisions Concerning designation, etc. of urban development zones in Articles 3 (1), (2) and (4), 4 (2), 7 (1), 8 (1), 9 (1) and (3), 10 (4), 11 (2), 17 (3), 18 (1) and 26 (1) shall apply from the first urban development zone which is designated after this Act enters into force.
(3) (Applicability to Installation of and Expenses for Electrical Facilities) The amended provisions of Article 55 shall apply from the electrical facilities the first implementation plan of which has been authorized after this Act enters into force.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 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. 9862, Dec. 29, 2009>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Cancellation of Designation and Approval of Urban Development Zones by Minister of Land, Transport and Maritime Affairs) The amended provisions of the latter part of the head sentence of Article 3 (1) shall apply from the first urban development zone designated after this Act enters into force.
(3) (Applicability to Designation of Urban Development Zones by Head of Large Si) The amended provisions of Article 3 (1) 2 shall apply from the first urban development zone designated after this Act enters into force.
(4) (Applicability to Conditions for Permission of Removal or Clearance of Buildings) The amended provisions of Article 38 (2) shall apply from the first permission of removal or clearance of the buildings by the Governor of a Special Self-Governing Province, the head of Si/Gun/Gu after this Act enters into force.
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10221, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
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. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 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. 11068, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Temporary Exemption from Obligation to Purchase Urban Development Bonds)
Notwithstanding Article 63 (1), the obligation to purchase urban development bonds shall be exempted until December 31, 2012.
Article 3 (Applicability to Development Projects, etc. by Phased Development Method)
The amended provisions of Articles 3-2, 5 (1) 15, 6 (1), 21-2 and 21-3 (excluding paragraph (4)) shall apply from the first urban development zone to be designated after this Act enters into force.
Article 4 (Applicability to Supply Prices of Land for Revitalizing Urban Development Projects)
The amended provisions of Articles 27 (2) shall apply from the first authorization of an implementation plan or the first modification to an implementation plan pursuant to Article 17 to be granted or made after this Act enters into force.
Article 5 (Applicability to Multi-Level Replotting)
The amended provisions of Articles 32, 32-2 and 32-3 shall apply to the first replotting plan to be prepared pursuant to Article 28 after this Act enters into force.
ADDENDA <Act No. 11186, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Procedures for Consultation among Relevant Administrative Agencies)
The amended provisions of Article 19 (3) and (4) of the partially amended Urban Development Act (Act No. 11068) shall apply from the first application for an implementation plan to be filed pursuant to Article 17 after this Act enters into force.