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ENFORCEMENT DECREE OF THE ACT ON SPECIAL CASES CONCERNING THE ACQUIREMENT OF SCHOOL SITE, ETC.

[Effective Dec. 14, 2005] [Presidential Decree No. 19179, Dec. 14, 2005, Partial Amendment]

Ministry of Education, Science and Technology (Education Facilities Support Division) 02-2100-6300

Article 1 (Purpose)

The purpose of this Enforcement Decree is to provide for the matters delegated by the Act on Special Cases Concerning the Acquirement of School Site, etc. and other matters necessary for the enforcement thereof.

Article 2 (Formation and Development of School Site, etc.) (1) When a person that implements development projects (hereinafter referred to as the "development project implementer") as referred to in Article 3 (1) of the Act on Special Cases Concerning the Acquirement of School Site, etc. (hereinafter referred to as the "Act") has received the opinion of the superintendent of educational affairs concerning the formation and development of school sites as referred to in Article 3 (3), the development project implementer shall attach the written opinion in filing application for approval of the development project plan.

(2) The written opinion mentioned in paragraph (1) shall include items of the following subparagraphs.

1. Suitability of location and size of school site;

2. Suitability of period for formation, development and purchase of school site; and

3. Feasibility of types of infrastructure to be installed in school site. (3) When the application for approval of the development project plan has been filed, the person approving the development project plan shall check and confirm whether matters on school site according to laws and regulations related to urban planning are properly reflected. If they are not reflected, the approving person shall have them be supplemented.

(4) The school site adjacent to development project sites as referred to in Article 3 (2) of the Act shall be the site within one thousand meters of a student's commuting distance from the border of development project zone. However, in the case that the superintendent of educational affairs recognizes it difficult to secure a school site within one thousand meters, the superintendent may determine otherwise taking into account the size of the development project area, situations of schools in development adjacent area, etc. Article 2-2 (Acquirement of School Site of Proper Size) (1) "School site of proper size" as referred to in Article 3 (5) of the Act means school sites required for establishment of elementary school with less than 36 classes, middle school with less than 24 classes, or high school with less than 24 classes (hereinafter referred to as "small size school"). (2) When intending to secure school sites for small size schools as referred to in paragraph (1), a development project implementer shall secure sites whose areas are larger than that provided in Article 6 of the Regulations on Establishment and Operation of Schools under High School Level (hereinafter referred to as the "School Site Criteria for All Levels of School"). [This Article Newly Inserted by Presidential Decree No. 19179, Dec. 14, 2005] Article 3 (Scope of Large Scale Development Project) "Development project with scale larger than that prescribed by the Presidential Decree" as referred to in Article 4 (5) of the Act means development project whose area exceeds ten million square meters.

Article 4 Deleted. Article 5 Deleted. Article 5-2 (Procedure of Imposition and Collection of Share for School Site, Etc.) (1) When selling in lots the land for construction of single-household houses or apartment houses according to the provisions in Article 5 (3) of the Act, a development project implementer shall submit data concerning the sale, such as buyers of the lots and details of contracts, to the mayor of the special metropolitan city or metropolitan city and the governor of Do (hereinafter referred to as the "Mayor/Do governor") within 30 days from entering into such sale contracts (in the case that any unsold land and houses are additionally sold in lot after 60 days are elapsed from the initial contract date of sale, within seven days from the expiry of every quarter of the year) . (2) Upon receiving the data concerning sale in lots of the land or houses as referred to in paragraph (1), the Mayor/Do governor shall issue payment notice containing the amount of the share, payment due date, method and place of payment, etc. without delay to the development project implementers concerned.

(3) The payment due date of the share as referred to in paragraph (2) shall be 30 days from the date of payment notice.

(4) Matters concerning the form of payment notice and the imposition and collection of the share which are not provided in this Enforcement Decree shall be prescribed by ordinances of Special Metropolitan City, Metropolitan Cities and Dos (hereinafter referred to as the "Cities/Dos"). [This Article Newly Inserted by Presidential Decree No. 17015, By Presidential Decree No. 17015, Dec. 20, 2000]

Article 6 (Scope of Providing Financial Resources for Expenses Borne by Cities/Dos)

(1) The "local taxes imposed and collected at a region where development project is implemented" in Article 6 (1) of the Act means acquisition tax and registration tax. The expenses whose financial resources are provided from the local taxes shall be within the limit of the expenses borne by general account of Cities/Dos for securing school site, deducting development share under paragraph (2) and the share according to the provisions of Article 5 of the Act.

(2) Any expense financed as the share amount as prescribed by subparagraph 2 of Article 6 of the Act shall be the share amount collected from the concerned development project and reverted to the City/Do.

(3) Deleted. Article 7 (Mitigated Application of School Site Criteria) According to the provisions of Article 8 of the Act, the superintendent of educational affairs may apply any mitigate the criteria of school sites for all levels of school when the school site falls under any of the following subparagraphs, within the limit of 20/100 of the criteria.

1. In the case that the school is adjacent to public playgrounds or general sports facilities and it is judged that students can use either without problem; and

2. In case it is deemed difficult to secure school sites needed for establishment of small size school.

[Wholly Amended by Presidential Decree No. 19179, Dec. 14, 2005] Article 8 Deleted. ADDENDA

This Enforcement Decree shall enter into force on the date of its promulgation.