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

SEOUL METROPOLITAN GOVERNMENT 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 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>
1. Advertising columns, billboards, private signs, and other similar things; <Amended on Nov. 11, 2006; Apr. 17, 2007>
2. Street vending stands, shoe repair stands, consolidated distribution stands for community newsletters, and other similar things: Provided, That consolidated distribution stands for community newsletters shall be limited to those jointly produced by publishers of community newsletters. <Amended on Apr. 19, 2007; Mar. 12, 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 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>
(2) When the Mayor intends to impose and collect fees for occupancy and use or compensation, he/she shall issue a payment notice to a person subject to payment.
(3) Fees for occupancy and use shall be imposed and collected in the full amount for an occupancy and use period of less than one year when occupancy of a road for use is permitted, while such fees for an occupancy and use period of not less than one year shall be imposed for each fiscal year, but fees for occupancy and use for the current year shall be imposed and collected when occupancy of a road for use is permitted, and fees for occupancy and use for subsequent years shall be imposed and collected within three months from the beginning of each fiscal year.
(4) Compensation shall be imposed and collected for each fiscal year within one month from the day on which unauthorized occupancy for use is discovered.
(5) Deleted <Sep. 30, 2005>


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>
(2) Where it is permitted to pay fees for occupancy and use or compensation in installments pursuant to paragraph (1), the interest under Article 71 (3) of the Enforcement Decree of the State Property Act shall be paid: Provided, That no interest shall be charged if it is permitted to pay such in installments pursuant to any subparagraph of Article 80 of the Framework Act on Local Taxes. <Amended on Sep. 30, 2005; Apr. 17, 2007; Sep. 30, 2008; 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>
(2) Deleted. <Nov. 20, 2006>


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>
1. A non-profit project executed for public use or public interest by the State, a local government, or a legal entity established to fulfil public purpose and specified in Article 24 of the Enforcement Rule of the Road Act; <Amended on Sep. 30, 2008>
2. Where a road is used as a path for access to a residential house and such road is not used for profit;
3. A public interest project to establish facilities for electricity supply, telecommunications, oil pipelines, gas supply, heat transportation or any similar facilities specified by the Enforcement Rule of the Road Act, which significantly affects the national economy; <Amended on Sep. 30, 2008>
4. Where it is impossible to achieve an originally contemplated purpose of occupancy and use due to a disaster or where the Mayor recognizes that any other extenuating circumstances exist. <Amended on Oct. 1, 2007>
5. Where a road is used as a path for access to a small commercial and industrial businessman's place of business under subparagraph 2 of Article 2 of the Act on Special Measures for Support to Small Enterprises and Small Commercial and Industrial Businessmen.
(2) The reduction of or exemption from fees for occupancy and use under paragraph (1) shall be as follows: <Amended on Apr. 17, 2007; Sep. 30, 2008; Oct. 4, 2013>
1. In cases falling under paragraph (1) 1 and 2, fees for occupancy and use shall be fully exempted;
2. If a project falls under paragraph (1) 3, fees for occupancy and use shall be exempted by 50 percent;
3. In cases falling under paragraph (1) 4, fees for occupancy and use shall be exempted at the rate prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs or at the rate determined by the Mayor depending upon the degree of other extenuating circumstances;
4. In cases falling under paragraph (1) 5, fees for occupancy and use shall be exempted by 10 percent.
(3) The extent of reduction of or exemption from fees for occupancy and use for occupied articles specified in subparagraph 8 "Types of Occupied Articles" of the attached Table 1 in applying paragraphs (1) and (2) shall be as prescribed in any of the following subparagraphs: <Amended on Apr. 17, 2007; Sep. 30, 2008; Oct. 27, 2011>
1. In cases of facilities for construction works: The area appropriated for temporary structures in the drawings accompanying the project order issued by the executing authorities in accordance with the construction cost estimating guides;
2. In cases of materials for construction works: The minimum area inevitably necessary for the execution of construction works;
3. In cases of sections to be excavated: The area approved for excavation.


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>
(2) Deleted. <Amended on Sep. 30, 2005>

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>
(2) If a person who is permitted to occupy a road for use does not occupy the road for use or files a written report in advance that the occupancy and use period is shortened or if the permission to occupy a road for use is cancelled pursuant to Article 84 of the Act, the portion of the fees for occupancy and use for the period during which the road has not been occupied for use, out of the fees for occupancy and use already collected, shall be returned. <Amended on Sep. 30, 2008>
(3) Where fees for occupancy and use or compensation mistakenly paid or overpaid is returned, the interest under Article 73 of the Enforcement Decree of the State Property Act shall be paid for the period from the day immediately following the day on which the fees for occupancy and use or compensation was mistakenly paid or overpaid to the day on which it is returned. <Amended on Sep. 30, 2005; Sep. 30, 2008; Jul. 28, 2011>


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.
[This Article Newly Inserted on Oct. 27, 2011]


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.
[This Article Moved from Former Article 11 and Former Article 10 is Deleted on Jul. 28, 2011]


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>
(2) Article 7 shall apply mutatis mutandis to reduction of or exemption from the fees under paragraph (1). <Amended on Sep. 30, 2008>
(3) A commission shall be collected at the time when an application is filed for the permission to occupy a road for use and shall be collected by the head of an autonomous Gu who accepts the application for the permission pursuant to the Seoul Metropolitan Government Ordinance on Delegation of Administrative Affairs. In such cases, such commission shall be accounted for as the revenue of the autonomous Gu, irrespective of to whom the revenue of fees for occupancy and use is attributable.
[This Article Moved from Former Article 12 on 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>
(2) When the Mayor pays fees for occupancy and use and compensation collected by autonomous Gu to the Seoul Metropolitan Government, he/she grant an amount under any of the following subparagraphs to the autonomous Gu for collection expenses, etc.: <Amended on Jul. 15, 2003; Apr. 17, 2007>
1. In cases of fees for occupancy and use: 50/100; <Newly Inserted on Jul. 15, 2003>
2. In cases of compensation: 40/100. <Newly Inserted on Jul. 15, 2003>
(3) Grants for collection under paragraph (2) shall be quarterly paid based on the results as of the end of each quarter. <Amended on Sep. 30, 2008>
[This Article Moved from Former Article 13 on Jul. 28, 2011]


Article 13 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rules.
[This Article Moved from Former Article 13 on Jul. 28, 2011]


Article 14 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rules.