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SPECIAL ACT FOR THE PROMOTION OF THE UTILIZATION OF ABOLISHED SCHOOL PROPERTIES

[Effective on Dec. 10, 2009] [Act No. 9758, Jun. 9, 2009, Amendment of Other Laws and Regulations]

Ministry of Education, Science, and Technology (Education Welfare Planning Division) 02- 2100-6528

Article 1 (Purpose)

The purpose of this Act is to expand continuing education and welfare opportunities by promoting the utilization of abolished school properties for sound purposes such as education facilities, social welfare facilities, and income increasing facilities, and to contribute to the development of local society through income increases. [Wholly Amended by Act No. 8166, Jan. 3, 2007]

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

1. The term "abolished school" means any public school under Article 2 of the Elementary and Secondary Education Act, which has been abolished due to reasons such as a decrease in the number of students, merger, and abolition of schools, etc.

2. The term "abolished school properties" means any public property among facilities and other properties which were used directly or indirectly for education activities of the school concerned prior to the abolition of the school.

3. The term "educational" means being provided for the purposes of natural education facilities, training facilities for youth, libraries or museums, etc. with the main purpose of the education of infants, youth, students, and residents, etc.

4. The term "social welfare facilities" means any space and facilities provided for the purpose of social welfare business under the provisions of Article 2 of the Social Welfare Services Act.

5. The term "cultural facilities" means any facilities under the provisions of Subparagraph 3 of Article 2 of the Culture and Arts Promotion Act.

6. The term "public sports facilities" means any facilities under the provisions of Articles 5 through 7 of the Installation and Utilization of Sports Facilities.

7. The term "income increasing facilities" means any facilities under the provisions of Subparagraph 6 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act or Items (a) through (c) of Subparagraphs 16 of Article 2 of the same Act.

Article 3 (Relationship with Other Laws and Regulations) This Act shall apply in preference to other laws and regulations with regard to the abolished school properties.

Article 4 (Plan for the Utilization of Abolished School Properties)

(1) A superintendent of an office of education in the Special Metropolitan City, the Metropolitan City, Do and Special Autonomous Do, (hereinafter referred to as the "City/Do") shall, in order to promote the efficient utilization of the abolished school properties, establish a plan for the utilization of abolished school properties which includes matters falling under any of the following subparagraphs:

1. Investigation of actual conditions of abolished school properties;

2. Management plan for the maintenance and repair of abolished school properties;

3. Utilization plans, such as loan and sale, etc. of abolished school properties; and

4. Other matters concerning the promotion of the utilization of abolished school properties.

(2) Where intending to establish a plan for the utilization of abolished school properties under Paragraph (1), the City/Do superintendent of an office of education shall hear the opinions of related local governments. (3)

(4)

Article 5 (Special Cases Concerning Lending, etc.) (1) The City/Do superintendent of an office of education may determine the purpose of the related abolished school properties and the period to be used for such a purpose, and lend or dispose such properties to any person who intends to utilize abolished school properties for educational facilities, social welfare facilities, cultural facilities, public sports facilities, or a local resident as prescribed by Presidential Decree, who intends to utilize the abolished school properties for income increasing facilities.

(2) Matters concerning the rate of lending fees, lending period, and price rating, etc. in the case of lending abolished school properties under the provisions of Paragraph (1) and necessary matters concerning the procedures, etc. in cases of disposing thereof shall be as prescribed by Presidential Decree.

(3) The City/Do superintendent of an office of education may, in cases falling under any of the following subparagraphs, lend thereof at a reduced fee:

1. Where the State or local governments intend to use abolished school properties for educational facilities, social welfare facilities, cultural facilities, public sports facilities, or income increasing facilities;

2. Where a group or an individual intends to use abolished school properties for educational facilities, social welfare facilities, cultural facilities, or public sports facilities; and

3. Where agricultural association corporations under Article 16 of the Act on Fostering and Supporting Agricultural and Fishery Management Association, agricultural corporations under Article 19 of the same Act, or local residents as prescribed by Presidential Decree intend to use abolished school properties for income increasing facilities jointly.

(4) In the event of lending abolished school properties at a reduced fee under the provisions of Paragraph (3), matters necessary for the procedures thereof, etc. shall be as prescribed by Presidential Decree.

(5) When the City/Do superintendent of an office of education has made a public notification of lending or disposal not less than three times while abolished school properties have not been utilized for not less than five years, but where no person intends to lend or purchase said properties, he/she may lend the abolished school properties concerned gratuitously if there exists any application from a person who falls under any of the following subparagraphs:

1. The State or local governments;

2. An agricultural association corporation under Article 16 of the Act on Fostering and Supporting Agricultural and Fishery Management Association in an area where the abolished school concerned is located, or an agricultural corporation under Article 19 of the same Act;

3. A person who has donated the entire of the abolished school properties, (including inheritors and other general successors), or a person who owns a part thereof; and

4. An area where the abolished school properties are located with not less than 5 persons who have registered as a resident in the area as prescribed by Presidential Decree. Article 6 (Construction of Permanent Facilities)

(1) The City/Do superintendent of an office of education may, where deemed necessary for the efficient utilization of abolished school properties, have permanent facilities constructed on abolished school properties donated or lent under the conditions of voluntary removal. (2) The City/Do superintendent of an office of education may lend to any person who has constructed permanent facilities under the conditions of donation, the same facilities gratuitously pursuant to Presidential Decree.

Article 7 (Order of Correction, etc.)

(1) The City/Do superintendent of an office of education may, in the event that a person who has purchased or lent abolished school properties under this Act falls under any of the following subparagraphs, order the correction thereof within a properly fixed period of time:

1. Where the abolished school properties have been disposed of by designating its purpose, but where the buyer has not used them for the purpose after a prescribed date or terminated the purpose within a prescribed period after presenting for the designated purpose; and

2. Where he/she has neglected the management of the lent abolished school properties or used them in violation of the purpose of lending. (2) The City/Do superintendent of an office of education may, in the event that a person who has received an order of correction under Paragraph (1) has failed to comply thereof, revoke or terminate the contract concerning lending or disposal.

Article 8 (Public Property Deliberation Council)

The City/Do superintendent of an office of education shall, where he/she lends or disposes of the abolished school properties under Article 5, seek advice from the public property deliberation council under Article 16 (1) of the Public Property and Commodity Management Act. Article 9 (Special Cases Concerning State Properties) (1) The City/Do superintendent of an office of education may, for any person who intends to utilize the State properties in the abolished school, (limited to cases of being designated under Subparagraph 5 of Article 8 (3) of the State Properties Act), for educational facilities, social welfare facilities, cultural facilities, public sports facilities, or income increasing facilities, lend thereof within ten years from the lending period, and have a permanent facility constructed in State properties in the abolished school lent under the conditions of voluntary removal after donation or the lending period.

(2) The lending period under Paragraph (1) may be renewed. In this case, the period of renewal shall not exceed the period specified under the provisions of Paragraph (1). Article 10 (Special Cases Concerning the Alteration of the Purpose of Use) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the head of the City/Gun, (excluding the head of the Gun of the Metropolitan City), may, for any person who has lent the abolished school properties in water-source protection areas under Article 7 (1) of the Water Supply and Waterworks Installation Act, in order to utilize them for educational facilities or social welfare facilities, permit any alteration of the purpose of use as prescribed by Presidential Decree, notwithstanding the standards of permission under Article 7 (5) of the Water Supply and Waterworks Installation Act. Article 11 (Special Cases Concerning the Alteration of Park Planning, etc.) (1) The Park Management Office may, in the event that a person who intends to lend abolished school properties located in a park area under the Natural Parks Act and utilize them for educational facilities or social welfare facilities, (limited to cases of reconstruction or repair, etc., except for the new construction or extension of a building), has applied for an alteration of park planning, alter the park planning without the procedure for alteration of park planning under Article 15 of the Natural Parks Act.

(2) In the event that the Park Management Office has altered the park planning under Paragraph (1), the permission for implementation of park projects under Article 20 of the Natural Parks Act with respect to reconstruction or repair, etc. of a building shall be deemed to have been granted. Article 12 (Provision, etc. of Subsidies) (1) The State and local governments may, for any person who has lent or purchased abolished school properties for utilizing them for educational facilities, social welfare facilities, cultural facilities, public sports facilities, or income increasing facilities, provide any part of the expense required within the scope of the budget.

(2) The Minister for Food, Agriculture, Forestry, and Fisheries may, for any person who has lent abolished school properties and has been utilizing or intends to utilize them for social welfare and income increasing facilities for residents of agricultural and fishery villages, assist in the necessary expenses for maintenance, management, and operation of the abolished school facilities from the special accounts for management of the special tax for rural development under the Act on Special Accounts for Management of the Special Tax for Rural Development. ADDENDA (Rearrangement of Agricultural and Fishing Villages Act)

Article 1 (Enforcement date)

This Act shall enter into effect six months after the date of its promulgation.

Articles 2 Through 21 Omitted.

Article 22 (Amendment to Other Laws and Regulations) (1) Through (46) Omitted.

(47) Part of the Special Act for the Promotion of the Utilization of Abolished School Properties shall be amended as follows:

"Item (a) of Subparagraph 9 of Article 2" in Subparagraph 7 of Article 2 shall be amended as "Item (a) of Subparagraph 16 of Article 2". (48) Through (53) Omitted.

Article 23 Omitted.