Enforcement Decree Of The Housing Lease Protection Act


Published: 2013-12-30

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 Article 1 (Purpose)   print
The purpose of this Decree is to prescribe matters delegated by the Housing Lease Protection Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 20971, Aug. 21, 2008]
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 Article 2 (Corporations with Recognized Right of Standing)   print
"Corporations with recognized right of standing" in the latter part of Article 3 (2) of the Housing Lease Protection Act (hereinafter referred to as the "Act") means the following corporations: <Amended by Presidential Decree No. 21744, Sep. 21, 2009>
1. Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act;
2. Local public enterprises established for housing affairs pursuant to Article 49 of the Local Public Enterprises Act.
[This Article Wholly Amended by Presidential Decree No. 20971, Aug. 21, 2008] <Moved from Article 1-2 and former Article 2 moved to Article 8 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 3 (Management of Personally Identifiable Information)   print
Where inevitable to conduct affairs related to granting of confirmed occupancy dates, provision of information on a housing lease, etc. under Article 3-6 of the Act, any of the following persons may manage resident registration numbers and alien registration numbers under subparagraphs 1 and 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. The head of a Si (including the head of an administrative city under Article 17 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, but excluding the Special Metropolitan City Mayor, Metropolitan City Mayors, and Mayors of Special Self-Governing Cities)/Gu/Gun (referring to the head of an autonomous Gu);
2. The head of an Eup/Myeon/Dong;
3. A notary public under the Notary Public Act.
[This Article Wholly Amended by Presidential Decree No. 25035, Dec. 30, 2013] <Moved from Article 1-3 and former Article 3 moved to Article 10 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 4 (Matters to be Entered in Confirmed Occupancy Date Register)   print
(1) Matters to be entered in a confirmed occupancy date register prepared pursuant to Article 3-6 (2) of the Act by an authority granting confirmed occupancy dates under Article 3-6 (1) of the same Act (excluding district courts, branch courts, and registry offices; hereinafter referred to as "authority granting confirmed occupancy dates") shall be as follows:
1. Serial number of the confirmed occupancy date;
2. Date the confirmed occupancy date is granted;
3. Personal information of the landlord and the tenant:
(a) In cases of a natural person: Name, address, and resident registration number (alien registration number, for a foreigner);
(b) In cases of a corporation or non-corporate organization: Name of the corporation or organization, corporate registration number or registration number for registration of real estate, and location of the head office or the main office;
4. Location of the house;
5. Subject matter of lease;
6. Term of lease;
7. Rent and deposit;
8. Name and the first six digits of resident registration number of the applicant (the first six digits of alien registration number, for a foreigner).
(2) A confirmed occupancy date shall be granted in the same manner as the serial number of confirmed occupancy date, the date the confirmed occupancy date is granted, and the authority granting confirmed occupancy dates are indicated on the housing lease contract document.
(3) Other than those provided for in paragraphs (1) and (2), matters necessary for affairs related to granting a confirmed occupancy date, such as the method for preparing a confirmed occupancy date register and matters to be confirmed when a confirmed occupancy date is granted, shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Presidential Decree No. 25035, Dec. 30, 2013] <Former Article 4 moved to Article 11 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 5 (Scope of Persons Interested in Lease of Houses)   print
A person interested in the lease of a house (hereinafter referred to as "interested person") who is eligible to request the provision of information under Article 3-6 (3) of the Act, shall be any of the following persons:
1. The landlord and the tenant of the relevant house;
2. The owner of the relevant house;
3. A person prescribed by Ordinance of the Ministry of Justice, among the rightful persons entered in the record of registration of the relevant house or site;
4. A financial institution succeeded to the right to preferential payment under Article 3-2 (7) of the Act;
5. A person having a position or right corresponding to any of those provided for in subparagraphs 1 through 4, who is prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Presidential Decree No. 25035, Dec. 30, 2013] <Former Article 5 moved to Article 12 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 6 (Scope of Requestable Information and Provision Method thereof)   print
(1) A party to a lease contract may request an authority granting confirmed occupancy dates to issue a document wherein the following details inspected or entered concerning the relevant lease contract are stated, pursuant to Article 3-6 (3) of the Act:
1. Subject matter of the lease;
2. Personal information of the landlord and the tenant;
3. Date the confirmed occupancy date is granted;
4. Rent and deposit;
5. Term of lease.
(2) An interested person who is not a party to a lease contract or a person who intends to enter into a lease contract may request an authority granting confirmed occupancy dates to issue a document wherein the following details inspected or entered are stated, pursuant to Article 3-6 (3) or (4) of the Act:
1. Subject matter of the lease;
2. Date the confirmed occupancy date is granted;
3. Rent and deposit;
4. Term of lease.
(3) Other than those provided for in paragraphs (1) and (2), matters necessary for requesting the provision of information shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Presidential Decree No. 25035, Dec. 30, 2013] <Former Article 6 moved to Article 13 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 7 (Fees)   print
(1) Fees payable to an authority granting confirmed occupancy dates under Article 3-6 (5) of the Act shall be divided into a fee for granting a confirmed occupancy date and a fee for provision of information, and the specified amount thereof shall be prescribed by Ordinance of the Ministry of Justice.
(2) Persons prescribed by Ordinance of the Ministry of Justice, including recipients under the National Basic Living Security Act, may be exempted from fees specified in paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 25035, Dec. 30, 2013] <Former Article 7 moved to Article 14 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 8 (Standards for Request for Increase in Rent, etc.)   print
(1) No request for increase in rent or deposit (hereinafter referred to as "rent, etc.") under Article 7 of the Act shall exceed the amount equivalent to 1/20 of any rent, etc. agreed upon.
(2) No request for increase under paragraph (1) shall be made within one year after a lease contract is concluded or rent, etc. agreed upon is increased.
[This Article Wholly Amended by Presidential Decree No. 20971, Aug. 21, 2008] <Moved from Article 2 and former Article 8 moved to Article 15 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 9 (Computation Ratio in Conversion into Monthly Rent)   print
(1) "Ratio prescribed by Presidential Decree" in subparagraph 1 of Article 7-2 of the Act means 10 percent per annum.
(2) "Multiple prescribed by Presidential Decree" in subparagraph 2 of Article 7-2 of the Act means four times.
[This Article Wholly Amended by Presidential Decree No. 25035, Dec. 30, 2013] <Moved from Article 2-2 and former Article 9 moved to Article 16 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 10 (Extent. etc. of Specified Amount of Security Deposit)   print
(1) The extent of a specified amount of a security deposit to be preferentially repaid under Article 8 of the Act shall not exceed the following relevant amount: <Amended by Presidential Decree No. 22284, Jul. 21, 2010; Presidential Decree No. 25035, Dec. 30, 2013>
1. Seoul Special Metropolitan City: 32 million won;
2. Over-concentration control regions under the Seoul Metropolitan Area Readjustment Planning Act (excluding Seoul Special Metropolitan City): 27 million won;
3. Metropolitan Cities (excluding areas included in over-concentration control regions under the Seoul Metropolitan Area Readjustment Planning Act and Guns), Ansan-si, Yongin-si, Gimpo-si, and Gwangju-si: 20 million won;
4. Other areas: 15 million won.
(2) Where a specified amount of the security deposit of a tenant exceeds 1/2 of the value of a housing unit, the right of preferential repayment shall only apply to the amount equivalent to 1/2 of the value of the housing unit.
(3) Where at least two tenants dwell in a housing unit, and the total sum of specified amounts of security deposits exceeds 1/2 of the value of the housing unit, 1/2 of the value of the housing unit multiplied by the rate of a specified amount of the security deposit of a tenant to the total sum of specified amounts of security deposits shall be deemed the specified amount of the security deposit of each tenant.
(4) Where at least two tenants dwell exist in a housing unit, and the tenants live together as members of a family in the housing unit, they shall be deemed one tenant and their security deposits shall be added up accordingly.
[This Article Wholly Amended by Presidential Decree No. 20971, Aug. 21, 2008] <Moved from Article 3 and former Article 10 moved to Article 17 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 11 (Scope of Tenants to be Preferentially Repaid)   print
A tenant to be preferentially repaid pursuant to Article 8 of the Act shall be a tenant whose security deposit does not exceed the following relevant amount: <Amended by Presidential Decree No. 22284, Jul. 21, 2010; Presidential Decree No. 25035, Dec. 30, 2013>
1. Seoul Special Metropolitan City: 95 million won;
2. Over-concentration control regions under the Seoul Metropolitan Area Readjustment Planning Act (excluding Seoul Special Metropolitan City): 80 million won;
3. Metropolitan Cities (excluding areas included in over-concentration control regions under the Seoul Metropolitan Area Readjustment Planning Act and Guns), Ansan-si, Yongin-si, Gimpo-si, and Gwangju-si: 60 million won;
4. Other areas: 45 million won.
[This Article Wholly Amended by Presidential Decree No. 20971, Aug. 21, 2008] <Moved from Article 4 and former Article 11 moved to Article 18 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 12 (Composition of Housing Lease Committee)   print
"Persons prescribed by Presidential Decree" in Article 8-2 (4) 6 of the Act means any of the following persons:
1. The competent head of an office or bureau in charge of housing policy- or real estate-related affairs in a Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do");
2. A certified judicial scrivener who has engaged in the relevant activities for at least five years, with extensive experience in housing lease-related affairs.
[This Article Newly Inserted by presidential Decree No. 21650, Jul. 30, 2009] <Moved from Article 5 and former Article 12 moved to Article 19 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 13 (Terms of Office of Members)   print
(1) The terms of office of members of the Housing Lease Committee (hereinafter referred to as the "Committee") prescribed in Article 8-2 of the Act shall be two years: Provided, That the term of office of a member who is a public official shall continue as long as he/she holds office of the same duties.
(2) The chairperson of the Committee may discharge a commissioned member from his/her post, if the member cannot perform any of his/her duties due to extenuating circumstances, or if he/she is deemed unfit as a member due to reasons, such as conspicuous negligence in performing any of his/her duties.
[This Article Newly Inserted by presidential Decree No. 21650, Jul. 30, 2009] <Moved from Article 6 and former Article 13 moved to Article 20 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 14 (Duties of Chairperson)   print
(1) The chairperson shall represent the Committee and have overall control over the affairs of the Committee.
(2) When the chairperson is unable to perform any of his/her duties due to extenuating circumstances, a member designated by the chairperson in advance shall perform his/her duties on his/her behalf.
[This Article Newly Inserted by presidential Decree No. 21650, Jul. 30, 2009] <Moved from Article 7 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 15 (Administrative Secretary)   print
(1) The Committee shall have an administrative secretary, who shall be designated by the chairperson of the Committee, from among public officials in general service, belonging to the Senior Civil Service of the Ministry of Justice (including equivalent public officials in special or extraordinary service) and engaged in housing lease-related affairs.
(2) The administrative secretary shall assist operation of the Committee, maintain records of Committee meetings, and deal with affairs concerning preparation and retention of other documents.
(3) The administrative secretary may attend a Committee meeting and explain matters to be deliberated on or state his/her opinion, as necessary.
[This Article Newly Inserted by presidential Decree No. 21650, Jul. 30, 2009] <Moved from Article 8 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 16 (Committee Meetings)   print
(1) Committee meetings shall be classified as either regular meetings convened once annually or extraordinary meetings convened by the chairperson when deemed necessary or upon request by at least 1/3 of all members.
(2) The chairperson shall convene and preside over Committee meetings.
(3) Committee meetings shall commence with the attendance of a majority of incumbent members; and a resolution shall be adopted by the affirmative vote of a majority of those present.
(4) No Committee meeting shall be open to the public.
(5) The chairperson may have a person who is not a member of the Committee attend a meeting to present his/her opinion, or request cooperation from relevant institutions and organizations to submit necessary materials, opinions, etc.
[This Article Newly Inserted by presidential Decree No. 21650, Jul. 30, 2009] <Moved from Article 9 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 17 (Working Committee)   print
(1) A working committee shall be established under the Committee to support efficient discussion of agenda items to be discussed at a Committee meeting.
(2) The working committee shall discuss and coordinate the following matters:
1. Agenda and matters that the Committee has entrusted with it related thereto;
2. Other matters on which the chairperson or members of the Committee request working-level consultations.
(3) The chairperson of the working committee shall become the administrative secretary of the Committee and members of the working committee shall be appointed by the heads of the agencies with which they are affiliated, from among the following persons: <Amended by Presidential Decree No. 24415, Mar. 23, 2013>
1. State public officials of at least Grade V in charge of price-related affairs at the Ministry of Strategy and Finance;
2. State public officials of at least Grade V in charge of housing lease-related affairs at the Ministry of Justice;
3. Sate public officials of at least Grade V in charge of housing affairs or residential welfare-related affairs at the Ministry of Land, Infrastructure and Transport;
4. Local public officials of at least Grade V in charge of housing policy- or real estate-related affairs at a City/Do.
[This Article Newly Inserted by presidential Decree No. 21650, Jul. 30, 2009] <Moved from Article 10 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 18 (Expert Members)   print
(1) The Committee may have not exceeding five expert members to perform specialized investigation or research related to matters to be deliberated by the Committee.
(2) Expert members shall be commissioned by the Minister of Justice, from among persons of learning and experience in the fields of law, economics, or real estate, etc.; the term of office of expert members shall be two years.
[This Article Newly Inserted by presidential Decree No. 21650, Jul. 30, 2009] <Moved from Article 11 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 19 (Allowances)   print
Members of the Committee or working committee may be paid an allowance within budgetary limits: Provided, That the same shall not apply, if a member who is a public official attends a Committee meeting for matters directly related with affairs under his/her jurisdiction.
[This Article Newly Inserted by presidential Decree No. 21650, Jul. 30, 2009] <Moved from Article 12 by Presidential Decree No. 25035, Dec. 30, 2013>
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 Article 20 (Detailed Regulations for Operation)   print
Except as otherwise provided for in this Decree, matters necessary for operating the Committee shall be determined by the Minister of Justice.
[This Article Newly Inserted by presidential Decree No. 21650, Jul. 30, 2009] <Moved from Article 13 by Presidential Decree No. 25035, Dec. 30, 2013>
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 12283, Dec. 1, 1987>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures pursuant to Change of Scope of Small Amount of Deposits) The former provisions shall be applied to those who have acquired security rights in the leased houses before the enforcement of this Decree.
ADDENDUM <Presidential Decree No. 12930, Feb. 19, 1990>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14785, Oct. 19, 1995>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The former provisions shall be applied to those who have acquired security rights in leased houses before the enforcement of this Decree.
ADDENDA <Presidential Decree No. 17360, Sep. 15, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The previous provisions shall be applied to those who have acquired security rights in leased houses before the enforcement of this Decree.
ADDENDUM <Presidential Decree No. 17627, Jun. 19, 2002>
This Decree shall enter into force on June 30, 2002.
ADDENDUM <Presidential Decree No. 20334, Oct. 23, 2007>
This Decree shall enter into force on November 4, 2007.
ADDENDA <Presidential Decree No. 20971, Aug. 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
The previous provisons shall apply to any person who has acquired a real right granted by way of security on a leased house before this Decree enters into force.
ADDENDUM <Presidential Decree No. 21650, Jul. 30, 2009>
This Decree shall enter into force on August 9, 2009.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22284, Jul. 21, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2010.
Articles 2 (Transitional Measures)
The former provisions shall apply to a person who has acquired a real right granted by way of security on a leased housing unit before this Decree enters into force.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24415, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25035, Dec. 30, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2014.
Article 2 (Applicability to Scope of Provision of Information by Authority Granting Confirmed Occupancy Dates)
The amended provisions of Article 6 shall apply to matters (including information that can be provided through a computerized information system among information held by other authorities granting confirmed occupancy dates) entered in confirmed occupancy date registers prepared after this Decree enters into force.
Article 3 (Applicability to Restriction on Computation Ratio in Conversion into Monthly Rent)
The amended provisions of Article 9 shall also apply to lease contracts existing as at the time this Decree enters into force, but from cases where all or part of a deposit is converted into a monthly rent after this Decree enters into force.
Article 4 (Applicability to Protection of Small-Sum Deposits)
The amended provisions of Articles 10 and 11 shall also apply to lease contracts existing as at the time this Decree enters into force, but a person who has acquired security rights in a house leased before this Decree enters into force, shall be subject to the former provisions.
Article 5 Omitted.