Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary for the construction and collection of occupancy fees for utility tunnels in accordance with the provisions of Article 44 of the National Land Planing and Utilization Act (hereinafter referred to as the "Act") and Article 39 of the Enforcement Decree of the same Act. <Amended by Ordinance No. 4131, Jul. 25, 2003; Ordinance No. 4252, Jan. 5, 2005; Ordinance No. 5133, Jul. 28, 2011; Ordinance No. 5650, Jan. 9, 2014>

Article 2 (Definition) A utility tunnel referred to in this Ordinance means a structure prescribed by subparagraph 9 of Article 2 of the Act.
[This Article Wholly Amended by Ordinance No. 5133, Jul. 28, 2011]

Article 3 (Formulating, etc. Framework Plans to Construct Utility Tunnels) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall establish a ten-year framework plan to construct utility tunnels (hereinafter referred to as the "framework plan"), to efficiently implement the same. Provided, That the Mayor may examine the appropriateness of such plan every five years and amend it, if necessary.
(2) The framework plan shall include the following matters:
1. Direction-setting for constructing utility tunnels;
2. Status of the area or zone to accomodate utility tunnels;
3. Routes of roads for utility tunnels and the order of priority of such construction by route;
4. Matters on utility tunnel construction and management thereof;
5. Expenses to be incurred in utility tunnel construction and methods of funding the same;
6. Other matters deemed necessary for utility tunnel construction.
(3) The Mayor shall set the order of priority under Article 2 (3) and if changing the same, he/she shall take into priority consideration the following areas:
1. An area likely to disrupt keeping road structures intact and ensuring smooth traffic;
2. An area expected to reduce expenses and maximize the benefits of tunnel construction by concurrently implementing projects including road construction and maintenance so as to prevent redundant excavation;
3. An area with technical or geographical potential to accommodate utility tunnel construction;
4. Other areas requiring utility tunnel construction.
[This Article Newly Inserted by Ordinance No. 5650, Jan. 9, 2014]

Article 4 (Occupancy Permit, etc.) (1) When a person who has not borne expenses for construction of a utility tunnel under the provisions of Article 38 of the Decree (including a person who has not paid his/her share of expenses in full; hereinafter the same shall apply) intends to occupy or use the utility tunnel, he/she shall submit a written application for a permit to occupy (or use) a utility tunnel in the Form attached hereto to the Mayor, 30 days prior to the scheduled date of occupation or use. <Amended by Ordinance No. 4252, Jan. 5, 2005; Ordinance No. 5133, Jul. 28, 2011; Ordinance No. 5650, Jan. 9, 2014>
(2) When the Mayor receives an application referred to in paragraph (1), he/she may issue a permit to occupy or use a utility tunnel following the deliberation of the Seoul Metropolitan Government Utility Tunnel Management Council (hereinafter referred to as the "Management Council") under the provisions of Article 39 of the Decree. <Amended by Ordinance No. 4252, Jan. 5, 2005; Ordinance No. 5133, Jul. 28, 2011>

Article 5 (Occupancy Fees and Usage Fees) (1) A person who obtains a permit to occupy or use a utility tunnel under the provisions of Article 4 shall pay an occupancy fee or usage fee. <Amended by Ordinance No. 5133, Jul. 28, 2011; Ordinance No. 6016, Oct. 8, 2015>
(2) The occupancy fee referred to in paragraph (1) shall be an amount derived from the ratio of the area to be occupied to the total expenses incurred in the construction of the utility tunnel concerned, and the area to be occupied shall be determined by the Mayor following the deliberation of the Management Council in consideration of the utility, etc. thereof. In such cases, when the State or a local government grants a subsidy for the construction, such subsidy shall be deducted from the total expenses. <Amended by Ordinance No. 5133, Jul. 28, 2011>
(3) When a person who has failed to fully pay his/her share in construction expenses of a utility tunnel under the provisions of Article 38 of the Decree intends to occupy the utility tunnel, he/she shall pay the unpaid amount of construction expenses plus ten percent of such unpaid amount as an occupancy fee. <Amended by Ordinance No. 4252, Jan. 5, 2005; Ordinance No. 5133, Jul. 28, 2011>
(4) The usage fee referred to in paragraph (1) shall be calculated in accordance with the following standards. In such cases, a period less than one month shall be deemed one month and the minimum area for use shall be 900 square centimeters:
1. A monthly usage fee for a service period of not less than one year: [The area for use × 10% of the price of neighboring land (the standard amount of real estate market price)] / 12;
2. A monthly usage fee for a service period of less than one year:
[The area for use × 20% of the price of neighboring land (the standard amount of real estate market price)] / 12.

Article 6 (Maintenance Fees) (1) Each person who occupies a utility tunnel shall bear expenses incurred in the management of the utility tunnel concerned (including expenses incurred in rebuilding, maintenance, disaster relief, illumination and drainage, and other installation charges, personnel expenses, etc.; hereinafter referred to as "maintenance fees").
(2) In principle, maintenance fees referred to in paragraph (1) shall be borne jointly by persons who occupy the utility tunnel concerned, and the Mayor shall impose and collect maintenance fees according to the ratio of the area to be occupied compared to the total amount of the maintenance fees. In such cases, when the Mayor collects usage fees pursuant to Article 5, the amount remaining after the deduction of usage fees from the total expenses incurred shall be the total amount of maintenance fees. <Amended by Ordinance No. 6016, Oct. 8, 2015>

Article 7 (Imposition and Collection) (1) When the Mayor intends to collect occupancy fees, usage fees, maintenance fees, etc. of utility tunnels, he/she shall issue a notice for payment stating the person obliged to pay, the amount to be paid, the due date, the place of payment, etc.
(2) The due date for payment of an occupancy fee pursuant to Article 5 shall be the day before the commencement date of construction of facilities for occupancy to be built in a utility tunnel: Provided, That where the Mayor makes separate consultation with the person who intends to occupy the utility tunnel or deems that the person has difficulty in paying the fee in a lump sum, the Mayor may allow him/her to pay it in installments over a period of not more than five years with the interest at a rate of six percent per annum. <Amended by Ordinance No. 4416, Jul. 19, 2006; Ordinance No. 5133, Jul. 28, 2011; Ordinance No. 6016, Oct. 8, 2015>
(3) The due date for payment of a usage fee pursuant to Article 5 shall be as follows: <Amended by Ordinance No. 5133, Jul. 28, 2011; Ordinance No. 6016, Oct. 8, 2015>
1. Where a service period is not less than one year: A usage fee shall be collected for each fiscal year, and a usage fee for the first year shall be paid by the day before the commencement date of construction of facilities using a utility tunnel and a usage fee for a subsequent year shall be paid by the end of March of the year concerned;
2. Where a service period is less than one year: A usage fee shall be paid by the day before the commencement date of construction of facilities using a utility tunnel.
(4) Maintenance fees under the provisions of Article 6 shall be collected in semi-annual installments, the due dates for payment of which shall be the end of May and the end of November each year. <Amended by Ordinance No. 5133, Jul. 28, 2011; Ordinance No. 6016, Oct. 8, 2015>

Article 8 (Filing Objections) (1) Where a person on whom an occupancy fee, a usage fee, and a maintenance fee of a utility tunnel is imposed dissatisfies with the imposition and collection thereof, he/she may file an objection with the Mayor within 60 days from the date he/she receives a notice of such disposition.
(2) Where a person files an objection under the provisions of paragraph (1), the Mayor shall render a decision on the objection and notify him/her of the decision within 60 days from the date of receipt of the objection filed. <Amended by Ordinance No. 5133, Jul. 28, 2011>
(3) Where a person who has filed an objection intends to institute administrative proceedings against the imposition and collection of an occupancy fee, a usage fee, and a maintenance fee of a utility tunnel, he/she shall file a lawsuit against the Mayor within 90 days from the date he/she receives a notice of decision under the provisions of paragraph (2). <Amended by Ordinance No. 5133, Jul. 28, 2011>
(4) Where a person who has filed an objection fails to receive a notice of decision within the decision-making period under the provisions of paragraph (2), notwithstanding paragraph (3), he/she may institute administrative proceedings within 90 days from the expiry of the decision-making period. <Amended by Ordinance No. 5133, Jul. 28, 2011>

Article 9 (Application Mutatis Mutandis) The provisions of the Local Tax Act shall apply mutatis mutandis to matters necessary for the imposition and collection of occupancy fees, usage fees and maintenance fees of a utility tunnel as well as the methods of and procedures for filing objections not prescribed by this Ordinance. <Amended by Ordinance No. 4416, Jul. 19, 2006>