SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON BUILDING
- Enactment No. 1446, Jul. 25, 1980
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- Partial Amendment No. 5467, Mar. 28, 2013
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- Amendment of Other Laws No. 5767, Dec. 11, 2014
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- Amendment of Other Laws No. 6620, Sep. 21, 2017
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- Amendment of Other Laws No. 6693, Jan. 04, 2018
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- Partial Amendment No. 6879, May. 03, 2018
- Amendment of Other Laws No. 6899, Jul. 19, 2018
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- Amendment of Other Laws No. 7046, Mar. 28, 2019
- Amendment of Other Laws No. 7227, Jul. 18, 2019
- Partial Amendment No. 7265, Jul. 18, 2019
- Partial Amendment No. 7532, Mar. 26, 2020
- Partial Amendment No. 7595, May. 19, 2020
- Partial Amendment No. 7659, Jul. 16, 2020
- Partial Amendment No. 7758, Oct. 05, 2020
- Amendment of Other Laws No. 7782, Dec. 31, 2020
- Partial Amendment No. 7859, Jan. 07, 2021
- Amendment of Other Laws No. 7912, Mar. 25, 2021
- Partial Amendment No. 7970, Mar. 25, 2021
- Partial Amendment No. 8046, May. 20, 2021
- Partial Amendment No. 8183, Sep. 30, 2021
- Amendment of Other Laws No. 8235, Dec. 30, 2021
- Partial Amendment No. 8292, Dec. 30, 2021
- Amendment of Other Laws No. 8347, Mar. 10, 2022
- Partial Amendment No. 8424, Apr. 28, 2022
Partial Amendment No. 6304, Jul. 14, 2016 | Partial Amendment No. 6346, Sep. 29, 2016 |
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CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters delegated by the Building Act, the Enforcement Decree of the aforesaid Act, the Enforcement Rule of the aforesaid Act, and other relevant Acts and subordinate statutes to be prescribed by a municipal ordinance and matters necessary for the implementation thereof. <Amended by Ordinance No. 4629, May 29, 2008; Ordinance No. 4879, Nov. 11, 2009>
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Article 2 (Scope of Application)
This Ordinance shall apply to buildings and sites therefor situated in any administrative district of Seoul Special Metropolitan City (hereinafter referred to as "Seoul"). <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 3 (Relaxed Application)
(1) The expression "area determined by Building Ordinance of a City/Do" in the Enforcement Decree of the Building Act (hereinafter referred to as the "Decree") means any of the following areas designated and publicized by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor"): <Amended by Ordinance No. 3823, Jan. 5, 2001; Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
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Article 4 (Special Cases concerning Existing Buildings, etc.)
(1) With respect to an existing building or building site that does no longer conform to a provision of the relevant Act or subordinate statute due to the enactment or an amendment of the relevant Act or subordinate statute or due to a cause or event under any subparagraph of Article 6-2 (1) of the Decree, the permitting authority may give permit for, or accept a report on, construction or alteration of its use (limited to reconstruction, extension, or remodeling) in accordance with the following guidelines pursuant to Article 6 of the Act and Articles 6-2 and 14 (6) of the Decree: <Amended by Ordinance No. 4739, Mar. 18, 2009; Ordinance No. 4879, Nov. 11, 2009>
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CHAPTER Ⅱ BUILDING COMMITTEE
Article 5 (Organization)
(1) The building committee to be established in the Seoul Metropolitan Government pursuant to Article 5 (4) of the Decree (hereinafter referred to as the "Metropolitan Committee") shall be organized as follows: <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
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Article 6 (Subcommittees)
(1) Any building committee may, if necessary to ensure efficient deliberation, establish and operate subcommittees.
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Article 7 (Functions, Procedures, etc.)
(1) Each committee under Article 5 (4) of the Decree shall be operated as follows: <Amended by Ordinance No. 4355, Dec. 29, 2005; Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4898, Jan. 7, 2010; Ordinance No. 4997, Jul. 15, 2010; Ordinance No. 5184, Oct. 27, 2011>
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Article 8 (Duties of Chairperson)
(1) The chairperson of a committee shall exercise the overall control of the affairs of the committee and represent it.
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Article 9 (Meetings, etc.)
(1) The chairperson of a committee shall convene meetings of the committee and preside over the meetings.
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Article 10 (Keeping of Minutes, etc.)
(1) Each committee shall prepare and keep minutes or written deliberations and resolutions.
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Article 11 (Confidentiality)
No committee member or person who has been involved in the affairs of the committee shall disclose any confidential information known to him/her in the course of duty to a third party. <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 12 (Request for Submission of Materials, etc.)
A committee may, if it considers necessary, conduct a field inspection or summon related public officials, appropriate experts, design architects, or contractors to appear at a meeting of the committee to make oral statements or demand a related agency or organization to submit relevant materials. <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 13 (Allowances)
Allowances or travel expenses may be reimbursed to the members who attend meetings of a committee, to such an extent as the relevant budget permits: Provided, That this shall not apply in cases where members who are public officials attend such meetings in direct connection with their duties.
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Article 14 (Operating Rules)
Such matters as are not provided for in this Ordinance concerning the meetings and operation of a committee shall be determined by the chairperson following a resolution of the committee.
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CHAPTER Ⅲ CONSTRUCTION OF BUILDINGS
Article 15 (Fees for Building Permits, etc.)
Fees under Article 11 (2) of the Act and Article 10 (1) of the Rule are listed in Table Ⅱ hereto: Provided, That such fees shall not be collected when a building is constructed or renovated for disaster relief. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4629, May 29, 2008; Ordinance No. 4879, Nov. 11, 2009>
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Article 16 (Deposits for Safety Control of Construction Sites, etc.)
(1) “Building specified by Municipal Ordinance of the competent local government" in Article 13 of the Act means a building whose total floor area exceeds 5,000 square meters (excluding a building built by the State or a local government): Provided, That where a building is extended, the foregoing shall apply only where the total floor area of the extended part of the building is not less than 5,000 square meters. <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 17 (Temporary Buildings)
(1) Temporary buildings of which construction may be permitted as urban planning facilities or on a prearranged site for urban planning facilities pursuant to Article 20 (1) of the Act shall conform to the following standards: <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 18 (Approval for Use of Building)
Each building with total floor area of more than 2,000 square meters may obtain a letter of approval for use without receiving inspection for the approval for use pursuant to the proviso to Article 22 (2) of the Act: Provided, That the permitting authority may conduct an inspection to issue a letter of approval for use, if the authority considers it necessary. <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 19 (Agents for On-Site Surveys, Inspections and Confirmations)
(1) The permitting authority may allow the design architect of a building subject to permission to conduct surveys, inspections and confirmations in relation to the building as an agent pursuant to Article 27 (1) of the Act and Article 20 (1) of the Decree: <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
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Article 20 (Agency Service Fees)
As to fees payable by the permitting authority to a person conducting on-site surveys, inspections, and confirmations as an agent under Article 27 (3) of the Act in accordance with Article 21 (3) of the Rule, wages for professional engineers surveyed and published for each year by the Korea Engineering and Consulting Association in accordance with Article 10 of the Engineering Technology Promotion Act and the Engineering Service Fee Standards publicized by the Minister of Education, Science and Technology shall apply mutatis mutandis (or 5/10 of the said fees shall apply mutatis mutandis with regard to agency service under Article 19 (1)): Provided, That the amount of agency service fees for on-site investigations, inspections and confirmations under Article 19 (2) of this Ordinance shall be determined by the standards separately set after consultation with the Korea Institute of Registered Architects established under the Certified Architects Act, if there are such standards established. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4629, May 29, 2008; Ordinance No. 4879, Nov. 11, 2009>
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Article 21 (Eligibility Requirements for Construction Advisors, etc.)
When the head of a Gu intends to appoint construction advisors pursuant to Article 37 of the Act, he/she shall appoint public officials working with construction-related branches in the Gu or persons having any of the following eligibility requirements: Provided, That he/she may commission honorary construction advisors if he/she deems it necessary: <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 22 (Remunerations of Construction Advisors, etc.)
(1) The head of a Gu may reimburse construction advisors under Article 21 who are not public officials for remunerations, allowances, travel expenses and activity money, and construction advisors who are public officials and honorary construction advisors for allowances, travel expenses and activity money, to such an extent as the relevant budget permits. <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 23 (Maintenance and Management of Buildings)
Any of the following aggregate buildings governed by the Act on the Ownership and Management of Aggregate Buildings is subject to examination of the actual state of maintenance and management conducted by a construction advisor under Article 37 of the Act, which may be allowed by the head of the competent Gu pursuant to Article 23 (2) of the Decree: <Amended by Ordinance No. 4879, Nov. 11, 2009>
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CHAPTER Ⅳ LANDSCAPING IN BUILDING SITES, ETC.
Article 24 (Landscaping in Building Sites)
(1) Each person who intends to construct a building on a site with an area of not less than 200 square meters shall secure an area necessary for planting trees and other landscaping works (hereinafter referred to as "landscaping area") in accordance with the following standards pursuant to Article 42 (1) of the Act: <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 25 (Tree Planting and other Landscaping Standards)
The standards for planting trees in a building site, the types of landscaping facilities and methods of installation thereof, and other landscaping standards are as follows; and other standards shall conform to those publicized by the Minister of Land, Transport and Maritime Affairs pursuant to Article 42 (2) of the Act: <Amended by Ordinance No. 4006, May 20, 2002; Ordinance No. 4629, May 29, 2008; Ordinance No. 4879, Nov. 11, 2009>
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Article 26 (Securing of Public Place, etc.)
(1) Such buildings as are required to have a public place or space (hereinafter referred to as "public place, etc.") in accordance with Article 27-2 (1) or (2) of the Decree and the area of such public place, etc. are as follows: <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 27 (Designation of Roads)
Pursuant to Article 45 (1) of the Act, the permitting authority may designate a de facto road which has been used by residents for passage for a long period as a road, following deliberation by the competent committee without the consent of interested parties, if the road falls under any of the following: <Amended by Ordinance No. 4879, Nov. 11, 2009>
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CHAPTER Ⅴ BUILDINGS IN AREAS AND DISTRICTS
Article 28 (Measures for Buildings Sites Stretching over Areas and Districts)
If the site of a building stretches over three or more areas or districts and the area of a section in each area or district is less than one-half of the area of the building site, provisions governing each section shall apply. <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 29 (Restrictions on Partition of Sites with Buildings)
If the site of a building is partitioned pursuant to Article 57 (1) of the Act and Article 80 of the Decree, the site of the building shall not be smaller than the size specified in any of the following subparagraphs, whichever is relevant: <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 30 (Open Space in Building Sites)
The standards for the distance from the building line or the boundary line of an adjacent site to each part of a building under Article 58 of the Act and Article 80-2 of the Decree are as set out in Table Ⅳ. <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 31 (Areas where Buildings Joined by Outer Walls are Permissible)
Pursuant to Article 81 (1) 2 of the Decree, two or more buildings joined by outer walls may be built only at a building site abutting a road at least 20 meters wide in any area other than greenbelts. <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 32 (Standards for Construction of Buildings Joined by Outer Walls)
The standards for construction of two or more buildings joined by outer walls under Article 81 (4) of the Decree are as follows: Provided, That each district-unit planning zone shall be bound by the building standards set for the relevant district-unit planning zone: <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 33 (Restrictions on Building Height by Street Zone)
The maximum height of a building that the Mayor determines for the management of the city under Article 60 (2) of the Act shall be as follows: <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 34 (Relaxation of Restrictions on Building Height for Zones in Which Maximum Height Is Not Determined)
(1) Pursuant to the proviso to Article 51 (3) of the Act, if a building site abuts two or more roads (including traffic squares), the width of the front road of that site shall be determined by the following methods: <Amended by Ordinance No. 4079, Apr. 15, 2003; Ordinance No. 4879, Nov. 11, 2009>
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Article 35 (Restrictions on Building Height for Securing Sunshine, etc.)
(1) The distance from each part of a building to the boundary line toward the direct north thereof between the site for the building and any other abutting site which shall be kept for the purpose of securing sunshine in a residential area (excluding any quasi-residential area) under Article 86 (1) of the Decree shall be as follows: Provided, That this shall not apply, for the improvement of fine view of a building, to the distance (including that between two sites between which there exists a road) between sites (including any site, if there exists a buffer greenbelt which is an urban planning facility between any other road and the said site) abutting a road (including driveways) which is twenty or more meters in width, and the distance between two or more sites abutting one of roads which cross each other and each of which is twenty or more meters in width, if those sites abut on each other: <Amended by Ordinance No. 4079, Apr. 15, 2003; Ordinance No. 4879, Nov. 11, 2009>
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CHAPTER Ⅵ SPECIALIZED COMMITTEE FOR CONCILIATION OF BUILDING DISPUTES
Article 36 (Establishment, Composition, etc.)
(1) The Metropolitan Committee shall have a Specialized Committee for Conciliation of Building Disputes under Article 88 of the Act (hereinafter referred to as the "Specialized Committee for Building Disputes") to deliberate on matters under Article 7 (1) 1 (g). <Amended by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
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Article 37 (Conciliation Panel and Arbitration Panel)
(1) The chairpersons and members of a conciliation panel (hereinafter referred to as the "conciliation panel") and an arbitration panel (hereinafter referred to as the "arbitration panel") organized under Article 94 of the Act shall be appointed by the chairperson of the Specialized Committee for Building Disputes. <Amended by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
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Article 38 (Selection of Representative)
If many persons who have a common interest apply for conciliation or arbitration under Article 92 of the Act (hereinafter referred to as "conciliation, etc."), the chairperson may require them to select their representative. <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 39 (Request for Appraisal, etc.)
The chairperson may request the Korea Institute of Registered Architects or any other juristic person or organization having experts recognized by the Minister of Land, Transport and Maritime Affairs to conduct an appraisal, examination or test to examine applications for conciliation, etc. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4629, May 29, 2008; Ordinance No. 4879, Nov. 11, 2009>
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Article 40 (Bearing of Expenses)
(1) The scope of expenses which shall be borne by applicants for or parties to conciliation, etc. under Article 102 (3) of the Act shall be as follows: <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
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Article 41 (Allowances)
Allowances may be paid to the members or relevant experts who attend a meeting of the Specialized Committee for Building Disputes, to such an extent as the relevant budget permits: Provided, That the foregoing shall not apply when the members who are public officials attend the meeting in direct connection with their duties. <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
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Article 42 (Application for Conciliation, etc.)
Any person who intends to apply to the Specialized Committee for Building Disputes for conciliation, etc. of any dispute concerning construction shall submit an application in Form Ⅲ attached hereto. <Amended by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
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Article 43 (Detailed Rules on Meetings and Operation)
Except as provided for in Articles 36 through 42, matters necessary for the meetings and operation of the Specialized Committee for Building Disputes shall be determined by the chairperson following the resolutions of the Specialized Committee for Building Disputes. <Amended by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 4997, Jul. 15, 2010>
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CHAPTER Ⅷ SUPPLEMENTARY PROVISIONS
Article 44 (Application Mutatis Mutandis to Structures, etc.)
(1) The term "structures" in Article 118 (1) 9 of the Decree means those of which roofs, walls or columns are hardly discernable and which fall under any of the following subparagraphs: <Amended by Ordinance No. 4879, Nov. 11, 2009>
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Article 45 (Imposition of Charges for Compulsory Compliance)
(1) If a violation under Article 80 (1) 1 of the Act is committed in relation to a residential building with total floor area of not more than 85 square meters or if any of the following violations is committed in relation to a residential building, one-half of the charge for compulsory compliance calculated in accordance with Article 80 (1) 1 or 2 of the Act shall be imposed pursuant to the proviso to Article 80 (1) of the Act: <Amended by Ordinance No. 4534, May 29, 2007; Ordinance No. 4879, Nov. 11, 2009>
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Article 46 (Plan for Investigation and Improvement of Buildings in Violation)
(1) When the head of a Gu establishes a plan for the investigation and improvement of buildings in violation pursuant to Article 115 (1) of the Decree, he/she shall formulate a quarterly plan for the investigation and improvement of buildings, regarding which he/she may allow an agent to conduct on-site surveys, inspections and confirmations pursuant to Article 27 of the Act, and shall conduct inspections according to such quarterly plan. <Amended by Ordinance No. 4879, Nov. 11, 2009; Ordinance No. 5103, May 26, 2011>
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Article 47 (Privilege Granted to Awardees of Seoul Citizen Prize)
With regard to a design architect who received any of the Seoul Metropolitan Government Architectural Awards under Article 2 of the Seoul Metropolitan Government Ordinance on Citizen Prizes, a mitigated punishment under the penal provisions of the Certified Architects Act is applicable pursuant to Article 29-2 of the Enforcement Decree of the aforesaid Act. <Amended by Ordinance No. 4103, Jun. 16, 2003; Ordinance No. 4446, Nov. 20, 2006; Ordinance No. 4879, Nov. 11, 2009>
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Article 48 (Annex Garage, Installation of Artistic Decorations, etc.)
(1) Each parking garage attached to a building shall be governed by the Parking Lot Act, the Enforcement Decree of the aforesaid Act, the Enforcement Rule of the aforesaid Act, and the Seoul Metropolitan Government Ordinance on the Installation and Management of Parking Lots. <Amended by Ordinance No. 4879, Nov. 11, 2009>
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