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SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON THE PERMISSION TO OCCUPY ROADS FOR USE AND THE COLLECTION OF FEES FOR OCCUPANCY AND USE, ETC.

Article 1 (Purpose) The purpose of this Rule is to provide for matters delegated by the Seoul Metropolitan Government Ordinance on the Permission to Occupy Roads for Use and the Collection of Fees for Occupancy and USE, etc. (hereinafter referred to as the "Ordinance") and matters necessary for the enforcement thereof. <Amended by Seoul Metropolitan Government Rule No.3093, Jan. 31, 2000; Seoul Metropolitan Government Rule No. 4009, Jan. 29, 2015>

Article 2 (Period of Collection of Fees for Occupancy and Use) (1) Fees for occupancy and use for a road shall be collected for the period during which an occupant occupies the road for use. <Amended by Seoul Metropolitan Government Rule No. 1852, Apr. 23, 1980>
(2) If a road occupied for use by a person is disused as a road, fees for occupancy and use shall be collected until the date on which the land category on the official cadastral records is changed, and then the property shall be conveyed.

Article 3 (Application for Permission for Occupancy and Use) (1) A person who intends to obtain permission to occupy a road for use shall file an application for permission to occupy a road for use in attached Form 24 to the Enforcement Rule of the Road with the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor"), along with required documents attached thereto. <Amended by Seoul Metropolitan Government Rule No. 1852, Apr. 23, 1980; Seoul Metropolitan Government Rule No. 3093, Jan. 31, 2000; Seoul Metropolitan Government Rule No. 4009, Jan. 29, 2015>
(2) An occupant who intends to change any of the matters permitted pursuant to paragraph (1) shall file an application along with relevant documents necessary for the amended permission: Provided, That only an application may be filed without other accompanying documents, if the application is for permission for continuous occupancy for use (renewal of term) without a change in any of permitted matters. <Amended by Seoul Metropolitan Government Rule No. 2585, Dec. 27, 1993>
(3) Deleted. <by Seoul Metropolitan Government Rule No. 3093, Jan. 31, 2000>

Article 4 Deleted. <by Seoul Metropolitan Government Rule No. 4009, Jan. 29, 2015>

Article 5 (Permits) When occupancy of a road for use for use is permitted, a permit shall be issued in attached Form 2 and, a permission register shall be prepared and kept in attached Form 3. <Amended by Seoul Metropolitan Government Rule No. 1852, Apr. 23, 1980>

Article 6 (Period of Permitted Occupancy for Use) The period of permitted occupancy of a road for use shall be the period prescribed by the Enforcement Decree of the Road Act.
[This Article Wholly Amended by Seoul Metropolitan Government Rule No. 4009, Jan. 29, 2015]

Article 7 Deleted. &#lt;by Seoul Metropolitan Government Rule No. 3093, Jan. 31, 2000&#gt;

Article 8 Deleted. &#lt;by Seoul Metropolitan Government Rule No. 1852, Apr. 23, 1980&#gt;

Article 9 Deleted. &#lt;by Seoul Metropolitan Government Rule No. 2982, Mar. 5, 1999&#gt;

Article 10 (Damage to Roads) (1) The occupant of a road shall, if he/she damages the road as a consequence of his/her occupancy for use, report the current state of the road immediately to the Mayor.
(2) The occupant of a road shall comply with Mayor's instructions on the restoration of the damaged section of the road.

Article 11 (Countermeasures against Unauthorized Occupancy for Use) If a person occupies a road for use without permission, the Mayor may order the unauthorized occupant to restore the road to its original state and collect compensation therefor at the same time: Provided, That the Mayor may approve ex post facto and permit such occupancy for use only if he/she finds that unavoidable causes exist. <Amended by Seoul Metropolitan Government Rule No. 3093, Jan. 31, 2000>

Article 11-2 (Imposition and Collection of Administrative Fines) (1) Deleted. <by Seoul Metropolitan Government Rule No. 3472, Jan. 5, 2006>
(2) Where it is intended to impose and collect an administrative fine, an investigation shall be conducted on relevant offenses and then the notice of disposition of the administrative fine in attached Form 4 and the payment notice of the administrative fine in attached Form 5 shall be issued to the offender.
(3) The period given for the payment of an administrative fine shall not exceed 30 days from the day when the payment notice is issued, and if a person fails to pay an administrative fine within the period, a notice of urging the payment of the administrative fine in attached Form 6 shall be issued within 15 days after the end of the period given for the payment to urge the person to pay it within a period of ten days.
(4) If the Mayor finds that an administrative fine imposed or collected is illegal or wrongful, he/she shall immediately cancel or amend the disposition and shall notify the relevant person of the cancellation or amendment by a notice of cancellation (amendment) of the administrative fine in attached Form 7.
[This Article Newly Inserted by Seoul Metropolitan Government Rule No. 2661, Jan. 16, 1995]

Article 11-3 (Statement of Opinions) When the Mayor intends to impose an administrative fine, he/she shall give the person subject to imposition of the administrative fine or the person's representative to state his/her opinions thereon within a given period of not less than ten days. In such cases, if the person fails to make a statement of his/her opinions within the given period, he/she shall be deemed to have no objection. <Amended by Seoul Metropolitan Government Rule No. 3093, Jan. 31, 2000>

Article 11-4 (Objections and Notification to Court) (1) A person who is dissatisfied with the disposition by the Mayor of an administrative fine may file an objection against the disposition of the administrative fine in attached Form 8 within 60 days from the day when a notice of the disposition is delivered. <Amended by Seoul Metropolitan Government Rule No. 4009, Jan. 29, 2015>
(2) Upon receiving an objection pursuant to paragraph (1), the Mayor shall notify the competent court of the objection without delay by a notice of objection against the disposition of an administrative fine in attached Form 9 and shall also give a notice of the fact to the person who filed the objection.
[This Article Newly Inserted by Seoul Metropolitan Government Rule No. 2661, Jan. 16, 1995]

Article 11-5 (Keeping and Management of Register of Receipts of Administrative Fines) The Mayor shall keep and manage records of matters concerning imposition, collection, and receipt of administrative fines in the register of receipts of administrative fines in attached Form 10.
[This Article Newly Inserted by Seoul Metropolitan Government Rule No. 2661, Jan. 16, 1995]

Article 11-6 (Provision Applicable Mutatis Mutandis) Except as provided for in this Rule, administrative fines shall be imposed and collected in the same manner as delinquent local taxes are collected.
[This Article Newly Inserted by Seoul Metropolitan Government Rule No. 2661, Jan. 16, 1995]

Article 12 (Vicarious Execution) If a person fails to fulfill any of his/her obligations under this Rule or any condition attached to permission, the Mayor may vicariously execute such an obligation. Expenses incurred in such cases shall be collected from the occupant.

Article 13 Deleted. <by Seoul Metropolitan Government Rule No. 4009, Jan. 29, 2015>

Article 14 (Payment of Fees for Occupancy and Use, etc. in Installments) (1) The number of installment payments of fees for occupancy and use under Article 5 (1) of the Ordinance shall not exceed four installments during one fiscal year, and each installment of fees for occupancy and use shall be collected before the beginning of the following term, except for an extraordinary case. <Amended by Seoul Metropolitan Government Rule No. 3093, Jan. 31, 2000>
(2) The number of installment payments of compensation under Article 5 (1) of the Ordinance shall not exceed four installments, and the period given for full payment in installments shall not exceed one year. <Amended by Seoul Metropolitan Government Rule No. 3093, Jan. 31, 2000>

Article 15 Deleted. <by Seoul Metropolitan Government Rule No. 2585, Dec. 27, 1993>

Article 16 Deleted. <by Seoul Metropolitan Government Rule No. 2585, Dec. 27, 1993>