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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON COLLECTION OF CHARGES AGAINST EXECUTORS OF RESTORATION OF ROAD

Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary for collection of the charges against executors of road works pursuant to Article 76 of the Road Act for the roads managed by the Seoul Metropolitan City Mayor. <Amended on Dec. 30, 1995; Jan. 7, 2010; Apr. 22, 2010>

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. The term "road restoration works" means road works restoring directly or indirectly damaged section of a road to its original state; <Amended on Jan. 7, 2010>
2. The term "directly damaged section" means an excavated section of a road; <Amended on Jan. 7, 2010>
3. The term "indirectly damaged section" means a section close to a directly destroyed section which will require restoration works because destruction is expected in the future. <Amended on Jan. 7, 2010>

Article 3 (Charges against Executors due to Excavation of Road) (1) Where road restoration works are required due to the excavation of a road following other construction works or other acts, the charges against an executor of road works (hereinafter referred to as "charges against executors") shall be collected from a person who bears expenses for such construction works or acts pursuant to Article 76 of the Road Act (hereinafter referred to as the "Act"). <Amended on Jan. 7, 2010>
(2) Charges against executors shall be expenses incurred in the restoration of a directly damaged section or a indirectly damaged section and supervisory affairs: Provided, That where a performer of other construction works or other acts conducts restoration works on the directly damaged section, expenses for the restoration of the directly damaged section shall not be collected. <Amended on Jan. 7, 2010; Apr. 22, 2010; Jul. 15, 2010>
(3)In the calculation of charges against executors pursuant to paragraph (2), the optimum grade of excavation standards and the calculation method of expenses for the restoration shall be in accordance with attached Table 1, the standard section of the direct restoration by road excavation shall be in accordance with attached Table 2 and matters to be performed at the time of road excavation and restoration works shall be in accordance with attached Table 3. The Seoul Metropolitan City Mayor (hereinafter referred to as the "Mayor") shall determine the unit price for the calculation of expenses for the restoration. <Amended on Jan. 7, 2010; Apr. 22, 2010>
(4) Charges against executors shall be prepaid: Provided, That in any of the following cases, the Mayor may collect them after an act which causes such road works ends: <Amended on Jun. 16, 2003; Jan. 7, 2010; Apr. 22, 2010>
1. Public works performed by the State, a local government or public corporation;
2. Public services which have important influence on the livelihood of people, such as electricity, gas, oil supply facilities and telecommunication facilities, etc.;
3. Restoration work urgently performed due to an unexpected occurrence, such as a natural disaster, damage to ducts and pipes, etc. underground buried.
(5) Charges against executors to be collected pursuant to the proviso to paragraph (4) shall be collected by not later than the end of the following month of the date an act which necessitates the relevant road works ends. <Newly Inserted on Jun. 16, 2003> <Amended on Jan. 7, 2010>

Article 4 (Compulsory Collection of Charges against Executors) (1) Where a person liable to pay charges against executors fails to pay it by the due date for payment, the Mayor shall collect additional dues pursuant to Article 90 of the Act. <Amended on May 25, 2004; Jan. 7, 2010; Apr. 22, 2010>
(2) Where a person liable to pay charges against executors or additional dues fails to pay it by the due date for payment, the Mayor may issue the disposition on default. In such cases, Article 28 of the Local Tax Act shall apply mutatis mutandis to the disposition on default. <Amended on Jan. 7, 2010>
[This Article Newly Inserted on Jun. 16, 2003]

Article 5 (Refund of Charges against Executors and Additional Collection) (1) Where a charge against executors already paid falls under any of the following subparagraphs, the Mayor may refund the whole or part of the amount paid according to the reasons therefor: <Amended on Mar. 10, 1998; Jan. 7, 2010; Apr. 22, 2010>
1. Where road restoration works are not required because a road is not excavated contrary to the details of the first permission; <Amended on Mar. 10, 1998; Jan. 7, 2010>
2. Where expenses incurred in road restoration works fall short of expenses expected in the beginning because the area of the directly damaged section is less than the excavation permitted area due to the road excavation: Provided, That the area which has appeared due to excavation less than the minimum excavation width shall be excluded from the objects of refund; <Amended on Mar. 10, 1998; Jan. 7, 2010; Apr. 22, 2010>
3. Where the Mayor deems that there are unavoidable circumstances. <Amended on Jan. 7, 2010; Apr. 22, 2010>
(2) Where expenses incurred in road restoration works exceed expenses expected in the beginning because a road is excavated in excess of the first excavation permitted area by reason attributed to a fault of a person who has paid charges against executors, the Mayor shall collect the balance additionally. <Amended on Mar. 10, 1998; Jan. 7, 2010; Apr. 22, 2010>
(3) Where reconstruction is required due to a faulty construction of a section of which road restoration works have been completed, the Mayor shall recover expenses incurred in issuing an order for reconstruction or in conducting such reconstruction from a performer of road restoration work. <Amended on Mar. 10, 1998; Jan. 7, 2010; Apr. 22, 2010>

Article 6 (Delegation of Authority) The authority of the Mayor concerning the collection of charges against executors under Article 3, the compulsory collection under Article 5 and refund and additional collection under Article 5 shall be delegated to the head of a Gu. <Amended on Jun. 16, 2003; Jan. 7, 2010; Apr. 22, 2010>

Article 7 (Enforcement Rules) Matters necessary for the enforcement of this Ordinance shall be prescribed by the Rules.