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
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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>
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>
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>
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>
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>
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>
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>
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>
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>
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.
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.
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>
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>
Article 13 (Enforcement Rule)
Matters necessary for the enforcement of this Ordinance shall be prescribed by rules.
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