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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON VALUE ENHANCEMENT OF HANOK AND OTHER ARCHITECTURAL ASSETS

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters delegated by the Act on Value Enhancement of Hanok and Other Architectural Assets and the Enforcement Decree thereof; and matters necessary for the enforcement of the aforesaid matters.

Article 2 (Mayor’s Responsibilities) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as "Mayor") shall endeavor to enhance the value of Hanok (traditional Korean houses) and other architectural assets.

Article 3 (Minor Alterations to Implementation Plans to Enhance Value of Architectural Assets) "Minor alterations prescribed by ordinance" in Article 3 (5) of the Enforcement Decree of the Act on Value Enhancement of Hanok and Other Architectural Assets (hereinafter referred to as the "Decree") means any of the following:
1. Alterations to the methods of implementing a project without altering the direction-setting for an implementation plan to enhance the value of architectural assets (hereinafter referred to as "implementation plan");
2. Alterations to the period of a project in work schedules stipulated in an implementation plan within two years;
3. Rectification of errors in calculation, clerical mistake, omissions, or obvious errors corresponding thereto.

Article 4 (Training of Professionals in Architectural Assets) The Mayor may establish related systems, such as the Seoul Hanok master craftsman certification system, provide education, etc., in order to develop professional human resources provided for by Article 8 (1) of the Act on Value Enhancement of Hanok and other Architectural Assets (hereinafter referred to as the "Act").

Article 5 (Support to Business Entities Related to Maintenance and Repair ofArchitectural Assets) "Persons who engage in business prescribed by ordinances" in Article 6 (1) 5 of the Decree means any of the following persons:
1. A person who engages in business performing minor construction works provided for in the proviso to Article 9 (1) of the Framework Act on the Construction Industry;
2. A retailer of building materials for Hanok;
3. A business entity involved in the regional industry, such as master craftsmen and carpenters, recognized by the Mayor.

Article 6 (Technical Support Necessary for Maintenance of Exceptional Architectural Assets and Financial Support for Expenses Incurred) (1) The Seoul Metropolitan Government Ordinance on Tax Reduction or Exemption shall apply to tax exemption or reduction under Article 12 (1) of the Act.
(2) Technical support necessary for the maintenance of exceptional architectural assets which the Mayor may provide pursuant to Article 12 (2) of the Act, shall be as follows:
1. Giving technical advice from agencies, etc. designated by the Mayor;
2. Collecting and providing various domestic and foreign knowledge and information related to the maintenance of exceptional architectural assets;
3. Giving publicity for the revitalization of exceptional architectural assets, and the operation of resident education programs;
4. Activities related to the maintenance and repair of exceptional architectural assets;
5. Matters necessary to develop exceptional architectural assets as tourism resources.
(3) The Mayor may subsidize or loan funds for expenses incurred in maintaining exceptional architectural assets, following deliberation by the Building Committee established under Article 10 (2) of the Act (hereinafter referred to as the "Building Committee"), within the budget, pursuant to Article 12 (2) of the Act.
(4) The maximum amount of funds subsidized or loaned under paragraph (3) shall be as follows:
1. In cases of exterior repairs: Subsidization within a maximum of 60 million won within two-thirds of the construction cost;
2. In cases of interior repairs: Loan within a maximum of 40 million won within the construction cost;
(5) Architectural assets eligible for loans and subsidies, the terms and conditions of repayment of loans and subsidies, etc. shall be prescribed by rule.

Article 7 (Application for Support, Determination thereof, etc.) (1) Each person, who intends to receive a subsidy or loan for funds for expenses incurred in maintaining exceptional architectural assets under Article 6 (3), shall file an application for a subsidy or loan with the Mayor, as prescribed by rule.
(2) Upon receipt of an application for a subsidy or loan filed under paragraph (1), the Mayor shall determine whether to subsidize or loan funds, the amount of a subsidy or loan, etc. following deliberation by the Building Committee, and notify the relevant applicant of his/her determination.
(3) Each person in receipt of notification under paragraph (2), shall commence construction within six months from the date he/she receives notification: Provided, That in extenuating circumstances, he/she may obtain an extension by up to six months with prior approval from the Mayor.

Article 8 (Timing to Provide Support) (1) A subsidy specified in Article 6 (3) shall be provided after the construction is completed: Provided, That where any grounds prescribed by rule arise, the Mayor may provide a subsidy before the construction is completed, following deliberation by the Building Committee.
(2) A loan specified in Article 6 (3) may be applied for after the Mayor notifies his/her determination to provide a loan pursuant to Article 7 (2).

Article 9 (Revocation of Determination to Provide Subsidy or Loan and Withdrawal of Subsidy or Loan) (1) Where a person to whom the Mayor has determined to provide a subsidy or loan pursuant to Article 7, falls under any of the following, the Mayor may revoke his/her determination to provide a subsidy or loan:
1. Where he/she fails to commence construction within the period prescribed in Article 7 (3);
2. Where he/she is unable to continue construction in extenuating circumstances.
(2) In any of the following cases, the Mayor may withdraw the full amount of a subsidy or require an applicant to repay the amount of a loan before the repayment is due:
1. Where the subsidy or loan provided under paragraph (1) is revoked;
2. Where the Mayor deems it impracticable to achieve the original purpose of a project because a person to whom the Mayor has determined to provide a subsidy or loan under Article 7, spends funds contrary to the Mayor's determination.
(3) Where the Mayor intends to revoke his/her determination to provide a subsidy or loan under paragraph (1) or to withdraw the amount of a subsidy or loan provided under paragraph (2), he/she shall give prior notice according to the procedures prescribed in Article 21 of the Administrative Procedures Act.

Article 10 (Plan for Exceptions) Matters to be provided for by this Ordinance pursuant to Article 14 (2) 5 of the Act, shall be as follows:
1. A scheme to maintain the important value of exceptional architectural assets;
2. A written plan to prevent damage to neighboring sites and buildings;
3. Preliminary design documents that may compare the conditions of architectural assets when exemptions apply and do not apply.

Article 11 (Support for Areas for Value Enhancement of Architectural Assets) The Mayor may provide the following support in an area for the value enhancement of architectural assets pursuant to Article 22 of the Act:
1. Improvement of infrastructure, such as roads, transportation facilities, water supply, sewers, parking lots, security and anti-theft systems, etc.;
2. Construction, remodelling, and repair of buildings;
3. Establishment of cultural and welfare facilities to boost the relevant community, such as a library and a community center.

Article 12 (Alteration, etc. to Management Plans for Areas for Value Enhancement of Architectural Assets) Important matters in a management plan under Article 14 (4) of the Decree, shall be the matters provided for in Article 25 (4) of the Enforcement Decree of the National Land Planning and Utilization Act, which influence or are likely to influence the living environment of residents.

Article 13 (Organization of and Support to Consultative Body in Area for Value Enhancement of Architectural Assets) (1) A consultative body in an area for the value enhancement of architectural assets (hereinafter referred to as "consultative body") shall be comprised of not more than 15 persons, including the chairperson; and the members thereof shall be commissioned by the Mayor from among the following persons:
1. Local residents;
2. Civic groups;
3. Members of the committees related to Hanok and architectural assets;
4. Experts in the field of architectural assets, such as urban planning, architecture, etc.;
5. Other persons the Mayor deems necessary.
(2) One chairperson, one vice-chairperson, and one administrative secretary shall be elected respectively by the committee from among its members.
(3) The term of office of members shall be two years, renewable for only one further term.
(4) The Mayor shall ensure opportunities for a consultative body to participate in a project for the value enhancement of architectural assets, and subsidize some expenses incurred in conducting activities, etc. of the consultative body, within the budget.
(5) A consultative body so subsidized shall report the details, etc. of the spending of funds in the budget of the relevant year, to the Mayor by the end of the relevant year.

Article 14 (Support, etc. for Construction of Hanok and Development of Hanok Village) (1) Hanok and Hanok villages eligible for financial support under Article 17 (1) of the Decree shall be as follows:
1. Hanok not in a concentrated area of Hanok (hereinafter referred to as "Hanok-concentrated area") defined in subparagraph 2 of Article 2 of the Seoul Metropolitan Government Ordinance on the Preservation and Value Enhancement of Hanok (hereinafter referred to as the "Ordinance on Hanok Preservation, etc.")
2. Hanok villages;
3. Hanok-style buildings defined in subparagraph 3 of Article 2 of the Act.
(2) The Mayor may subsidize or loan funds for expenses incurred in constructing and repairing Hanok under paragraph (1) following deliberation by the Building Committee, within the budget.
(3) The maximum amount of funds subsidized or loaned under paragraph (2) shall be as follows:
1. Hanok not in a Hanok-concentrated area: Subsidization or loan within the amounts provided for in Article 8 (2) 1, 2, and 3 of the Seoul Metropolitan Government Ordinance on Hanok Preservation, etc.;
2. Hanok-style buildings: Loan within a maximum of 40 million won within the construction cost.
(4) The Mayor may provide support for the installation or improvement of infrastructure, such as roads, electricity, water supply, sewers, etc., in Hanok villages newly created and existing Hanok villages pursuant to Article 24 (2) of the Act.
(5) Except as otherwise provided for in this Ordinance, the Ordinance on Hanok Preservation, etc. and the Enforcement Rule thereof shall apply to the matters concerning support, etc, for Hanok. In such cases, the Hanok Committee shall be construed as the Building Committee.

Article 15 (Purchase of Exceptional Architectural Assets, etc.) The Mayor may purchase architectural assetsexceptional architectural assets, and architectural assets (limited to architectural assets recognized as architectural assets exceptional architectural assets following deliberation by the Building Committee), and take measures necessary for the preservation and utilization thereof.

Article 16 (Implementation of Policies for Value Enhancement of Architectural Culture) (1) Where the Mayor provides technical and financial support necessary for programs and activities of local residents in order to promote indigenous culture of an area pursuant to Article 32 (3) of the Act, he/she shall prescribe necessary matters, such as persons entitled for support, details of support and procedures for support; and publicly announce such necessary matters on the website at least ten days prior to the date for filing an application.
(2) The Mayor shall determine whether to provide support for programs and activities of local residents, an application for which is filed after public announcement is made pursuant to paragraph (1), following deliberation by the Building Committee.

Article 17 (Establishment of Special Account for Architectural Assets) The Mayor may establish and operate a special account for architectural assets under Article 36 of the Act.

Article 18 (Delegation and Entrustment of Authority) The Mayor may entrust a financial institution with some affairs concerning the funding for expenses incurred in maintaining exceptional architectural assets under Article 6; and expenses incurred in repairing Hanok under Article 13.

Article 19 (Establishment of Support Center for Hanok and Other Architectural Assets and Value Enhancement ofArchitectural Assets) (1) The Mayor may establish and operate Support Center for Hanok and other architectural assets (hereinafter referred to as the "Center"), in order to improve the effectiveness of Hanok policies and provide substantial on-site support.
(2) The Center shall serve as the foothold for support for Hanok at the site through the implementation, etc. of industrialization, such as on-site consultation about the improvement or repair of Hanok, inspection and repair, diverse education, technical research, a Hanok exhibition, etc.
(3) The Mayor may assign and manage human resources having expertise in affairs referred to in paragraph (2), and enhance the value of Hanok and other architectural assets, in cooperation with the heads of Gus, Hanok master craftsmen, experts and related institutions (the National Hanok Center, Seoul Housing and Communities Corporation, etc.). <Amended by Ordinance No. 6303, Jul. 14, 2016>
(4) Other matters concerning the establishment and operation of the Center shall be determined by the Mayor.

ADDENDUM
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 6303, Jul. 14, 2016>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.