SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PERMISSION TO OCCUPY ROADS FOR USE AND THE COLLECTION OF FEES FOR OCCUPANCY AND USE, ETC.
- Enactment No. 291, Feb. 19, 1963
- Partial Amendment No. 421, Feb. 01, 1966
- Partial Amendment No. 466, Feb. 01, 1967
- Partial Amendment No. 504, Dec. 30, 1967
- Partial Amendment No. 560, Oct. 02, 1968
- Partial Amendment No. 602, Dec. 16, 1969
- Whole Amendment No. 731, Sep. 30, 1972
- Whole Amendment No. 1002, Dec. 31, 1975
- Partial Amendment No. 1237, Apr. 28, 1978
- Partial Amendment No. 1665, Aug. 09, 1982
- Partial Amendment No. 2420, Feb. 18, 1989
- Whole Amendment No. 3046, Nov. 30, 1993
- Partial Amendment No. 3140, Oct. 31, 1994
- Partial Amendment No. 3209, Jun. 10, 1995
- Partial Amendment No. 3336, Oct. 05, 1996
- Partial Amendment No. 3628, Jun. 30, 1999
- Whole Amendment No. 3690, Nov. 15, 1999
- Partial Amendment No. 4128, Jul. 15, 2003
- Partial Amendment No. 4319, Sep. 30, 2005
- Partial Amendment No. 4450, Nov. 20, 2006
- Partial Amendment No. 4509, Apr. 17, 2007
- Partial Amendment No. 4568, Oct. 01, 2007
- Partial Amendment No. 4610, Mar. 12, 2008
- Amendment of Other Laws No. 4629, May. 29, 2008
- Partial Amendment No. 4636, May. 29, 2008
- Partial Amendment No. 4672, Sep. 30, 2008
- Partial Amendment No. 5113, Jul. 28, 2011
- Partial Amendment No. 5194, Oct. 27, 2011
- Partial Amendment No. 5346, Jul. 30, 2012
- Partial Amendment No. 5597, Oct. 04, 2013
- Partial Amendment No. 5689, Mar. 20, 2014
- Amendment of Other Laws No. 5692, May. 14, 2014
- Partial Amendment No. 5699, May. 14, 2014
- Partial Amendment No. 5764, Oct. 20, 2014
- Partial Amendment No. 6153, Mar. 24, 2016
- Amendment of Other Laws No. 6386, Jan. 05, 2017
- Amendment of Other Laws No. 6467, May. 18, 2017
- Partial Amendment No. 6606, Sep. 07, 2017
- Partial Amendment No. 6895, Jul. 19, 2018
- Amendment of Other Laws No. 7046, Mar. 28, 2019
- Amendment of Other Laws No. 7423, Dec. 31, 2019
- Partial Amendment No. 7719, Oct. 05, 2020
- Partial Amendment No. 8024, May. 20, 2021
Partial Amendment No. 6606, Sep. 07, 2017 | Partial Amendment No. 6895, Jul. 19, 2018 |
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Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters necessary for the permission to occupy roads for use, which the Mayor of the Seoul Metropolitan Government is a management authority, and the imposition and collection of fees for occupancy and use, compensation, fines for negligence, and fees pursuant to the Road Act, the Enforcement Decree of the aforesaid Act, and the Enforcement Rule of the aforesaid Act. <Amended on Sep. 30, 2005; May 29, 2008>
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Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters necessary for the permission to occupy roads for use, which the Mayor of the Seoul Metropolitan Government is a management authority, and the imposition and collection of fees for occupancy and use, compensation, administrative fines, and fees pursuant to the Road Act, the Enforcement Decree of the aforesaid Act, and the Enforcement Rule of the aforesaid Act. <Amended by Ordinance No. 5699, May 14, 2014>
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Article 2 (Permission to Occupy Roads for Use)
The facilities, including structures, goods, and other fixtures, subject to the permission to occupy roads for use specified by the road management authority pursuant to Article 28 (5) 9 of the Enforcement Decree of the Road Act (hereinafter referred to as the "Decree") are as follows: <Amended on Apr. 17, 2007; May 29, 2008; Sep. 30, 2008; Ordinance No. 5113, Jul. 28, 2011>
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Article 2 (Permission to Occupy Roads for Use)
The facilities, including structures, goods, and other fixtures, subject to permission to occupy roads for use specified by the road management authority pursuant to subparagraph 12 of Article 55 of the Enforcement Decree of the Road Act (hereinafter referred to as the "Decree") are as follows: <Amended by Ordinance No. 4509, Apr. 17, 2007; Ordinance No. 4629, May 29, 2008; Ordinance No. 4672, Sep. 30, 2008; Ordinance No. 5113, Jul. 28, 2011; Ordinance No. 5699, May 14, 2014; Ordinance No. 5764, Oct. 20, 2014; Ordinance No. 6386, Jan. 5, 2017; Ordinance No. 6606, Sep. 7, 2017>
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Article 3 (Guidelines for Calculation of Fees for Occupancy and Use)
The guidelines for the calculation of fees for occupancy and use under Article 41 (2) of the Road Act (hereinafter referred to as the "Act") and Article 42 (2) of the Decree are in accordance with the guidelines prescribed in attached Table 1. <Amended on Sep. 30, 2005; May 29, 2008; Sep. 30, 2008; Jul. 28, 2011; Oct. 27, 2011>
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Article 3 (Guidelines for Calculation of Fees for Occupancy and Use)
The guidelines for the calculation of fees for occupancy and use are in accordance with the guidelines specified in attached Table 1: Provided, That the guidelines for the calculation of fees for occupancy and use of those not prescribed in attached Table 1 shall be as specified in attached Table 3. <Amended by Ordinance No. 4319, Sep. 30, 2005; Ordinance No. 4629 May 29, 2008; Ordinance No. 4627 Sep. 30, 2008; Ordinance No. 5113, Jul. 28, 2011; Ordinance No. 5194, Oct. 27, 2011; Ordinance No. 5764, Oct. 20, 2014>
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Article 4 (Imposition and Collection of Fees for Occupancy and Use, etc.)
(1) Pursuant to Article 38 of the Act and Article 28 of the Decree, the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall impose fees for occupancy and use on a person who occupies a road for use with permission to occupy the road for use and shall collect the charge from the person, if the Mayor is the authority responsible for the management of the road, while the Mayor shall impose compensation pursuant to Article 94 of the Act on a person who occupies such a road for use without permission occupy the road for use and shall collect the compensation from the person. <Amended on May 29, 2008; Sep. 30, 2008; Ordinance No. 5113, Jul. 28, 2011>
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Article 4 (Imposition and Collection of Fees for Occupancy and Use, etc.)
(1) Fees for occupancy and use shall be imposed on and collected from a person who occupies and uses a road of which the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the “Mayor”) is the road management authority, with permission for occupancy and use under Article 61 of the Road Act (hereinafter referred to as the “Act”) and Article 52 of the Decree, and compensation shall be imposed on and collected from, pursuant to Article 72 of the Act, a person who occupies and uses such road without permission for occupancy and use <Amended by Ordinance No. 4629, May 29, 2008; Ordinance No. 4672, Sep. 30, 2008; Ordinance No. 5113, Jul. 28, 2011; Ordinance No. 5699, May 14, 2014; Ordinance No. 5764, Oct. 20, 2014>
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Article 5 (Payment of Fees for Occupancy and Use, etc. in Installments)
(1) If an occupancy and use period is not less than one year or falls under any subparagraph of Article 80 of the Framework Act on Local Taxes, fees for occupancy and use or compensation may be paid in installments. <Amended on Apr. 17, 2007; Jul. 28, 2011>
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Article 5 (Payment of Fees for Occupancy and Use, etc. in Installments)
(1) If an occupancy and use period is not less than one year or falls under any subparagraph of Article 25 (1) of the Local Tax Collection Act, fees for occupancy and use or compensation may be paid in installments. <Amended by Ordinance No. 4509, Ordinance No. 4509, Apr. 17, 2007; Ordinance No. 5133, Jul. 28, 2011; Ordinance No.6467, May 18, 2017>
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Article 6 (Adjustment of Fees for Occupancy and Use, etc.)
(1) If a person has continuously occupied a road for use for two or longer years and fees for occupancy and use per year, as calculated in accordance with the attached Table 1, is increased by not less than ten percent of the fees for occupancy and use per year paid or payable for the previous year, the amount of the fees for occupancy and use for the current year shall be calculated by the formula for the adjustment of fees for occupancy and use under attached Table 3 to the Decree. <Amended on Oct. 27, 2011>
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Article 6 (Adjustment of Fees for Occupancy and Use, etc.)
(1) If a person has continuously occupied a road for use for two or longer years and fees for occupancy and use per year, as calculated in accordance with attached Table 1, is increased by not less than 10/100 of the fees for occupancy and use per year paid or payable for the previous year, the fees for occupancy and use shall be the amount increased by 10/100 of the annual fees for occupancy and use paid the previous year. <Amended by Ordinance No. 5133, Oct. 27, 2011; Ordinance No. 5692. May 14, 2014; Ordinance No. 6895, Jul. 19, 2018>
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Article 7 (Reduction of or Exemption from Fees for Occupancy and Use)
(1) The Mayor may reduce or exempt fees for occupancy and use in any of the following cases: <Amended on Apr. 17, 2007; Sep. 30, 2008; Jul. 28, 2011; Oct. 4, 2013>
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Article 7 Deleted. lt;by Ordinance No. 5699, May 14, 2014gt; |
Article 8 (Charges Additional to Fees for Occupancy and Use, etc. and Demanding for Payment)
(1) If a person obligated to pay fees for occupancy and use or compensation fails to pay it fully within the payment deadline, such charge may be collected or demanded to pay. In such cases, Articles 21 and 22 of the National Tax Collection Act shall apply mutatis mutandis to the collection of and demanding for additional charges. <Amended on Apr. 17, 2007>
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Article 8 (Charges Additional to Fees for Occupancy and Use, etc. and Demanding for Payment)
(1) If a person obligated to pay fees for occupancy and use or compensation fails to pay it fully within the payment deadline, such charge may be collected or demanded to pay. In such cases, Articles 21 and 23 of the National Tax Collection Act shall apply mutatis mutandis to the collection of and demanding for additional charges. <Amended by Ordinance No. 4509, Apr. 17, 2007; Ordinance No. 5699, May 14, 2014>
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Article 9 (Waiver of Small Amount of Fees for Occupancy and Use, etc. and Return of Fees for Occupancy and Use, etc.)
(1) If fees for occupancy and use or compensation to be collected is less than 5,000 won, it shall not be imposed: Provided, That the foregoing shall not apply where fees for occupancy and use are exempted pursuant to subparagraph 3 of Article 42 of the Act. <Amended on Nov. 20, 2006; Sep. 30, 2008>
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Article 9 (Waiver of Small Amount of Fees for Occupancy and Use, etc. and Return of Fees for Occupancy and Use, etc.)
(1) If fees for occupancy and use to be collected is less than 10,000 won, it shall not be imposed. <Amended by Ordinance No. 4450, Nov. 20, 2006; Ordinance No. 4672, Sep. 30, 2008; Ordinance No. 5699, May 14, 2014>
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Article 9-2 (Imposition and Collection of Fines for Negligence)
The criteria for the imposition of fines for negligence where the Mayor imposes fines for negligence pursuant to subparagraph 2 (b) of attached Table 5 under Article 74 (1) of the Decree shall be as prescribed in attached Table 2.
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Article 9-2 (Imposition and Collection of Administrative Fines)
The criteria for the imposition of administrative fines where the Mayor imposes administrative fines pursuant to subparagraph 2 (a) of attached Table 7 under Article 105 of the Decree shall be as specified in attached Table 2. <Amended by Ordinance No. 5764, Oct. 20, 2014>
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Article 10 (Provisions Applicable Mutatis Mutandis)
Except as provided for in this Ordinance, fees for occupancy and use, compensation, and additional charges shall be imposed and collected in the same manner as delinquent local taxes are collected.
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Article 10 (Provisions Applicable Mutatis Mutandis)
Except as otherwise provided for in this Ordinance, fees for occupancy and use, compensation, and additional charges shall be imposed and collected in the same manner as delinquent local taxes are collected. <Amended by Ordinance No. 5699, May 14, 2014>
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Article 11 (Collection of Fees)
(1) A person who files an application for the permission to occupy a road for use in accordance with Article 38 of the Act shall pay a commission under Article 42 (1) 2 of the Enforcement Rule of the Road Act. <Amended on May 29, 2008; Sep. 30, 2008; Jul. 28, 2011>
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Article 11 (Collection of Fees)
(1) A person who files an application for the permission to occupy a road for use in accordance with Article 61 of the Act shall pay a fee under Article 49 (1) 2 of the Enforcement Rule of the Road Act. <Amended by Ordinance No. 4629, May 29, 2008; Ordinance No. 4672, Sep. 30, 2008; Ordinance No. 5113, Jul. 28, 2011; Ordinance No. 5764, Oct. 20, 2014>
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Article 12 (Revenue and Collection Grant)
(1) Fees for occupancy and use and compensation collected by each autonomous Gu pursuant to the Seoul Metropolitan Government Ordinance on Delegation of Administrative Affairs shall be accounted for as the revenue of the Seoul Metropolitan Government. <Amended on Sep. 30, 2008>
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Article 12 (Revenue and Collection Grant)
(1) Fees for occupancy and use and compensation collected by each autonomous Gu pursuant to the Seoul Metropolitan Government Ordinance on Delegation of Administrative Affairs shall be accounted for as the revenue of the Seoul Metropolitan Government. <Amended by Ordinance No. 4672, Sep. 30, 2008>
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Article 13 (Enforcement Rule)
Matters necessary for the enforcement of this Ordinance shall be prescribed by rules.
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Article 13 (Enforcement Rule)
Matters necessary for the enforcement of this Ordinance shall be prescribed by rule.
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ADDENDA |