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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON COLLECTION OF CHARGES AGAINST EXECUTORS OF REINSTATEMENT OF ROAD

Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary for collection of the charges against executors of road works pursuant to Article 91 of the Road Act for the roads managed by the Mayor of the Seoul Metropolitan Government. <Amended by Ordinance No. 3246, Dec. 30, 1995; Ordinance No. 4923, Jan. 7, 2010; Ordinance No. 4982, Apr. 22, 2010; Ordinance No. 5736, Jul. 17, 2014>

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 4923, Jan. 7, 2010>
1. The term "road reinstatement works" means road works reinstating directly or indirectly damaged section of a road to its original state;
2. The term "directly damaged section" means an excavated section of a road;
3. The term "indirectly damaged section" means a section close to a directly destroyed section which will require reinstatement works because destruction is expected in the future.

Article 3 (Charges against Executors due to Excavation of Road) (1) Where road reinstatement works are required due to the excavation of a road following other construction works or other acts, the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall collect the charges against an executor of road works (hereinafter referred to as "charges against executors") from a person who bears expenses for such construction works or acts pursuant to Article 91 of the Road Act (hereinafter referred to as the "Act"). <Amended by Ordinance No. 4923, Jan. 7, 2010; Ordinance No. 5736, Jul. 17, 2014>
(2) Charges against executors shall be expenses incurred in the reinstatement of a directly damaged section or a indirectly damaged section and supervisory affairs: Provided, That where a performer of other construction works or other acts conducts reinstatement works on the directly damaged section, expenses for the reinstatement of the directly damaged section shall not be collected. <Amended by Ordinance No. 4923, Jan. 7, 2010; Ordinance No. 4982, Apr. 22, 2010; Ordinance No. 5006, Jul. 15, 2010>
(3) In the calculation of charges against executors pursuant to paragraph (2), the standard optimal grading for road excavation and reinstatement works and methods of calculating reinstatement costs shall be in accordance with attached Table 1, the standard sections for directly reinstating a paved road after excavation shall be in accordance with attached Table 2 and matters to be performed at the time of road excavation and reinstatement works shall be in accordance with attached Table 3. The Mayor shall determine the unit price for the calculation of expenses for the reinstatement. <Amended by Ordinance No. 4923, Jan. 7, 2010; Ordinance No. 4982, Apr. 22, 2010; Ordinance No. 5736, Jul. 17, 2014; Ordinance No. 6700, Jan. 4, 2018>
(4) Charges against executors shall be prepaid: Provided, That in cases of reinstatement work urgently performed due to an unexpected occurrence, such as a natural disaster, and damage to ducts and pipes buried underground, the Mayor may collect the charges after an act which causes such road works is completed. <Amended by Ordinance No. 6700, Jan. 4, 2018>
(5) Charges against executors to be collected pursuant to the proviso of paragraph (4) shall be collected not later than the end of the following month of the date an act which necessitates the relevant road works ends. <Newly Inserted by Ordinance No. 4117 Jun. 16, 2003; Ordinance No. 4923, Jan. 7, 2010>

Article 4 (Compulsory Collection of Charges against Executors) (1) The Mayor shall apply Article 94 of the Act mutatis mutandis to the collection of expenses born by the executor pursuant to Article 3 and the refund and application for an objection for overpaid or erroneously paid charges. <Amended by Ordinance No. 5736, Jul. 17, 2014>
(2) Where a person liable to pay charges against executors or additional dues fails to pay it by the due date for payment, the Mayor may issue the disposition on default. In such cases, Article 91 of the Framework Act on Local Taxes shall apply mutatis mutandis to the disposition on default. <Amended by Ordinance No. 4923, Jan. 7, 2010; Ordinance No. 5140, Jul. 28, 2011>
[This Article Newly Inserted by Ordinance No. 4117, Jun. 16, 2003]

Article 5 (Refund of Charges against Executors and Additional Collection) (1) Where a charge against executors already paid falls under any of the following subparagraphs, the Mayor may refund the whole or part of the amount paid according to the reasons therefor: <Amended by Ordinance No. 3467, Mar. 10, 1998; Ordinance No. 4923, Jan. 7, 2010; Ordinance No. 4982, Apr. 22, 2010>
1. Where road reinstatement works are not required because a road is not excavated contrary to the details of the first permission;
2. Where expenses incurred in road reinstatement works fall short of expenses expected in the beginning because the area of the directly damaged section is less than the excavation permitted area due to the road excavation: Provided, That the area which has appeared due to excavation less than the minimum excavation width shall be excluded from the objects of refund;
3. Where the Mayor deems that there are unavoidable circumstances.
(2) Where expenses incurred in road reinstatement works exceed expenses expected in the beginning because a road is excavated in excess of the first excavation permitted area by reason attributed to a fault of a person who has paid charges against executors, the Mayor shall collect the balance additionally. <Amended by Ordinance No. 3467, Mar. 10, 1998; Ordinance No. 4923, Jan. 7, 2010; Ordinance No. 4982, Apr. 22, 2010>
(3) Where reconstruction is required due to a faulty construction of a section of which road reinstatement works have been completed, the Mayor shall recover expenses incurred in issuing an order for reconstruction or in conducting such reconstruction from a performer of road reinstatement work. <Amended by Ordinance No. 3467, Mar. 10, 1998; Ordinance No. 4923, Jan. 7, 2010; Ordinance No. 4982, Apr. 22, 2010>

Article 6 (Delegation of Authority) The authority of the Mayor concerning the collection of charges against executors under Article 3, the compulsory collection under Article 4 and refund and additional collection under Article 5 shall be delegated to the head of a Gu. <Amended by Ordinance No. 4117, Jun. 16, 2003; Ordinance No. 4923, Jan. 7, 2010; Ordinance No. 4982, Apr. 22, 2010; Ordinance No. 6016, Oct. 8, 2015>

Article 7 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Metropolitan Government.

ADDENDUM
This Ordinance shall enter into force 30 days after the date of its promulgation.
ADDENDA <Ordinance No. 2751, May 8, 1991>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The previous provisions shall apply to road excavation and reinstatement works being performed as at the time this Ordinance enters into force.
ADDENDUM <Ordinance No. 3246, Dec. 30, 1995>
This Ordinance shall enter into force on January 1, 1996.
ADDENDA <Ordinance No. 3467, Mar. 10, 1998>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The previous provisions shall apply to the calculation and collection of charges against executors on road excavation and reinstatement works performed under the previous provisions as at the time this Ordinance enters into force.
ADDENDUM <Ordinance No. 3630, Jun. 30, 1999>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 4117, Jun. 16, 2003>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3-2 shall enter into force on January 1, 2004.
Article 2 (Transitional Measures)
The previous provisions shall apply to the calculation and collection of charges against executors on road reinstatement works, due to road excavation, which are in progress or have completed with permission as at the time this Ordinance enters into force.
ADDENDUM <Ordinance No. 4194, May 25, 2004>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4923, Jan. 7, 2010>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4982, Apr. 22, 2010>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5006, Jul. 15, 2010>
Article 1 (Enforcement Date)
This Ordinance shall enter into force three months after the date of its promulgation.
ADDENDUM <Ordinance No. 5140, Jul. 28, 2011>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation and become applicable on January 1, 2011.
Article 2 Omitted.
ADDENDUM <Ordinance No. 5596, Oct. 4, 2013>
This Ordinance shall enter into force three months after the date of its promulgation.
ADDENDUM <Ordinance No. 5700, May 14, 2014>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5736, Jul. 17, 2014>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6016, Oct. 8, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6700, Jan. 4, 2018>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7194, May 16, 2019>
This Ordinance shall enter into force on the date of its promulgation.

- Table 1 (Standard Optimal Grading for Road Excavation and Reinstatement Works and Methods of Calculating Reinstatement Costs (pursuant to Article 3 (3)) )

- Table 2 (Standard Sections for Directly Reinstating a Paved Road after Excavation (pursuant to Article 3 (3)))

- Table 3 (Matters to Be Performed during Road Excavation and Reinstatement Works (pursuant to Article 3 (3)) )