SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PERMISSION TO OCCUPY ROADS FOR USE AND THE COLLECTION OF FEES FOR OCCUPANCY AND USE, ETC.
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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.
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 24 (5) 11 of the Enforcement Decree of the Road Act (hereinafter referred to as the "Decree") are as follows: <Amended on May 29, 2008; Sep. 30, 2008>
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 26-2 (2) of the Decree are in accordance with the guidelines prescribed in attached Table 1.
Article 4 (Imposition and Collection of Fees for Occupancy and Use, etc.)
(1) Pursuant to Article 38 of the Act and Article 24 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>
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 41 of the Local Tax Act, fees for occupancy and use or compensation may be paid in installments.
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, 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.
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>
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 10 (Imposition and Collection of Fines for Negligence)
The Mayor shall impose a fine for negligence under Article 101 of the Act in accordance with the guidelines for the imposition of fines for negligence in attached Table 2.
Article 11 (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 12 (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 33 (1) 2 of the Enforcement Rule of the Road Act. <Amended on May 29, 2008; Sep. 30, 2008>
Article 13 (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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