SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON VALUE ENHANCEMENT OF HANOK AND OTHER ARCHITECTURAL ASSETS
Amendment of Other Laws No. 6303, Jul. 14, 2016 | Whole Amendment No. 6693, Jan. 04, 2018 |
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Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters delegated by the Act on Value Enhancement of Hanok and Other Architectural Assets and the Enforcement Decree thereof; and matters necessary for the enforcement of the aforesaid matters.
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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters mandated by the Act on Value Enhancement of Hanok and Other Architectural Assets and the Enforcement Decree thereof; and matters necessary for the enforcement of the aforesaid matters.
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Article 2 (Mayor’s Responsibilities)
The Mayor of the Seoul Metropolitan Government (hereinafter referred to as "Mayor") shall endeavor to enhance the value of Hanok (traditional Korean houses) and other architectural assets.
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Article 2 (Mayor’s Responsibilities)
The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall endeavor to enhance the value of Hanok (traditional Korean houses) and other architectural assets.
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Article 3 (Minor Alterations to Implementation Plans to Enhance Value of Architectural Assets)
"Minor alterations prescribed by ordinance" in Article 3 (5) of the Enforcement Decree of the Act on Value Enhancement of Hanok and Other Architectural Assets (hereinafter referred to as the "Decree") means any of the following:
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CHAPTER II LAYING FOUNDATIONS TO ENHANCE VALUE OF ARCHITECTURAL ASSETS
Article 3 (Minor Alterations to Implementation Plans to Enhance Value of Architectural Assets)
Minor alterations under Article 3 (5) of the Enforcement Decree of the Act on Value Enhancement of Hanok and Other Architectural Assets (hereinafter referred to as the "Decree") shall be as follows:
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Article 4 (Training of Professionals in Architectural Assets)
The Mayor may establish related systems, such as the Seoul Hanok master craftsman certification system, provide education, etc., in order to develop professional human resources provided for by Article 8 (1) of the Act on Value Enhancement of Hanok and other Architectural Assets (hereinafter referred to as the "Act").
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Article 4 (Training of Professionals in Architectural Assets)
The Mayor may establish related systems, such as the Seoul Hanok master craftsman certification system, provide education, etc. in order to train professionals under Article 8 (1) of the Act.
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Article 5 (Support to Business Entities Related to Maintenance and Repair ofArchitectural Assets)
"Persons who engage in business prescribed by ordinances" in Article 6 (1) 5 of the Decree means any of the following persons:
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Article 5 (Support to Business Entities Related to Maintenance and Repair of Architectural Assets)
Business entities eligible for support under Article 6 (1) 5 of the Decree shall be as follows:
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Article 6 (Technical Support Necessary for Maintenance of Exceptional Architectural Assets and Financial Support for Expenses Incurred)
(1) The Seoul Metropolitan Government Ordinance on Tax Reduction or Exemption shall apply to tax exemption or reduction under Article 12 (1) of the Act.
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CHAPTER III REGISTRATION AND MANAGEMENT OF EXCEPTIONAL ARCHITECTURAL ASSETS
Article 6 (Reduction of and Exemption from Municipal Taxes Imposed on Exceptional Architectural Assets and Technical Support Thereto)
(1) Article 12 (1) of the Act and the Seoul Metropolitan Government Ordinance on Tax Reduction or Exemption shall apply to the reduction of or exemption from municipal taxes on architectural assets.
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Article 7 (Application for Support, Determination thereof, etc.)
(1) Each person, who intends to receive a subsidy or loan for funds for expenses incurred in maintaining exceptional architectural assets under Article 6 (3), shall file an application for a subsidy or loan with the Mayor, as prescribed by rule.
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Article 7 (Providing Subsidies or Loans to Cover Expenses Incurred in Maintaining Exceptional Architectural Assets)
(1) The Mayor may provide subsidies or loans to cover expenses incurred in maintaining exceptional architectural assets following deliberation by the Expert Committee on Architectural Assets of Seoul Metropolitan Government (hereinafter referred to as the "Committee") under Article 27 (1) within the budget pursuant to Article 12 (2) of the Act.
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Article 8 (Timing to Provide Support)
(1) A subsidy specified in Article 6 (3) shall be provided after the construction is completed: Provided, That where any grounds prescribed by rule arise, the Mayor may provide a subsidy before the construction is completed, following deliberation by the Building Committee.
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Article 8 (Timing of Providing Subsidy or Loan to Cover Expenses Incurred in Maintaining Exceptional Architectural Assets)
(1) A subsidy under Article 7 (3) shall be provided after construction is completed: Provided, That where any grounds prescribed by rule arise, the Mayor may provide a subsidy before the construction is completed.
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Article 9 (Revocation of Determination to Provide Subsidy or Loan and Withdrawal of Subsidy or Loan)
(1) Where a person to whom the Mayor has determined to provide a subsidy or loan pursuant to Article 7, falls under any of the following, the Mayor may revoke his/her determination to provide a subsidy or loan:
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Article 9 (Application for Subsidies or Loans to Cover Expenses Incurred in Maintaining Exceptional Architectural Assets, Determination Thereof, etc.)
(1) Any person who desires to receive a subsidy or loan to cover expenses incurred in maintaining exceptional architectural assets under Article 7 shall file an application for the subsidy or loan with the Mayor, as prescribed by rule.
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Article 10 (Plan for Exceptions)
Matters to be provided for by this Ordinance pursuant to Article 14 (2) 5 of the Act, shall be as follows:
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Article 10 (Revocation of Determination to Provide Subsidies or Loans to Cover Expenses Incurred in Maintaining Exceptional Architectural Assets and Withdrawal of Subsidies or Loans)
(1) Where any person to whom the Mayor has determined to provide a subsidy or loan falls under any of the following, the Mayor may revoke his/her determination:
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Article 11 (Support for Areas for Value Enhancement of Architectural Assets)
The Mayor may provide the following support in an area for the value enhancement of architectural assets pursuant to Article 22 of the Act:
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Article 11 (Plan to Apply Exceptions)
Matters to be included in a plan to apply exceptions pursuant to Article 14 (2) 5 of the Act shall be as follows:
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Article 12 (Alteration, etc. to Management Plans for Areas for Value Enhancement of Architectural Assets)
Important matters in a management plan under Article 14 (4) of the Decree, shall be the matters provided for in Article 25 (4) of the Enforcement Decree of the National Land Planning and Utilization Act, which influence or are likely to influence the living environment of residents.
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CHAPTER IV DESIGNATION AND MANAGEMENT OF ARCHITECTURAL ASSET VALUE ENHANCEMENT ZONE
Article 12 (Support for Architectural Asset Value Enhancement Zone)
The Mayor may provide the following support in an area designated to enhance the value of architectural assets pursuant to Article 22 of the Act:
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Article 13 (Organization of and Support to Consultative Body in Area for Value Enhancement of Architectural Assets)
(1) A consultative body in an area for the value enhancement of architectural assets (hereinafter referred to as "consultative body") shall be comprised of not more than 15 persons, including the chairperson; and the members thereof shall be commissioned by the Mayor from among the following persons:
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Article 13 (Alterations, etc. to Management Plan for Architectural Asset Value Enhancement Zone)
Important matters in a management plan under Article 14 (4) of the Decree means matters which have an effect or are likely to have an effect on the living environment of residents, which are provided in Article 25 (4) of the Enforcement Decree of the National Land Planning and Utilization Act.
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Article 14 (Support, etc. for Construction of Hanok and Development of Hanok Village)
(1) Hanok and Hanok villages eligible for financial support under Article 17 (1) of the Decree shall be as follows:
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Article 14 (Composition of Consultative Body for Architectural Asset Value Enhancement Zone and Support Therefor)
(1) The consultative body for architectural asset value enhancement zone (hereinafter referred to as "consultative body") shall be comprised of not more than 15 members, including one chairperson and one vice chairperson; and persons of either sex shall not exceed 60 percent of the number of members appointed pursuant to the main sentence of Article 21 (2) of the Framework Act on Gender Equality: Provided, That the foregoing shall not apply where the Gender Equality Working Committee passes a resolution approving the number of persons of either sex because it recognizes that there are extenuating circumstances, such as an insufficient number of professionals of either sex in the relevant field pursuant to the proviso to the aforesaid paragraph.
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Article 15 (Purchase of Exceptional Architectural Assets, etc.)
The Mayor may purchase architectural assetsexceptional architectural assets, and architectural assets (limited to architectural assets recognized as architectural assets exceptional architectural assets following deliberation by the Building Committee), and take measures necessary for the preservation and utilization thereof.
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SECTION 1 Designation of Areas Where Hanoks Are Concentrated and Registration of Hanok
Article 15 (Designation, etc. of Areas Where Hanoks Are Concentrated and Hanok Preservation Area)
(1) The Mayor may designate an area where it is necessary to preserve Hanoks or enhance the value of Hanoks as an area where Hanoks are concentrated following deliberation by the Committee.
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Article 16 (Implementation of Policies for Value Enhancement of Architectural Culture)
(1) Where the Mayor provides technical and financial support necessary for programs and activities of local residents in order to promote indigenous culture of an area pursuant to Article 32 (3) of the Act, he/she shall prescribe necessary matters, such as persons entitled for support, details of support and procedures for support; and publicly announce such necessary matters on the website at least ten days prior to the date for filing an application.
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Article 16 (Registration of Hanoks)
(1) A person who holds ownership of a Hanok or a project owner under subparagraph 12 of Article 2 of the Building Act (hereinafter referred to as "owner, etc. of a Hanok") may file an application for the registration of the relevant Hanok with the Mayor, as prescribed by rule.
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Article 17 (Establishment of Special Account for Architectural Assets)
The Mayor may establish and operate a special account for architectural assets under Article 36 of the Act.
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Article 17 (Period of Validity of Registration of Hanok)
(1) The period of validity of the registration of a Hanok under Article 16 shall be as follows:
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Article 18 (Delegation and Entrustment of Authority)
The Mayor may entrust a financial institution with some affairs concerning the funding for expenses incurred in maintaining exceptional architectural assets under Article 6; and expenses incurred in repairing Hanok under Article 13.
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Article 18 (Revocation of Registration of Hanok)
(1) Where a Hanok registered (hereinafter referred to as "registered Hanok") pursuant to Article 16 falls under any of the following, the owner, etc. of the Hanok may request the Mayor to revoke the registration of the Hanok:
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Article 19 (Establishment of Support Center for Hanok and Other Architectural Assets and Value Enhancement ofArchitectural Assets)
(1) The Mayor may establish and operate Support Center for Hanok and other architectural assets (hereinafter referred to as the "Center"), in order to improve the effectiveness of Hanok policies and provide substantial on-site support.
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Article 19 (Register of Hanoks)
The Mayor shall keep the register of Hanoks in order to check the conditions of the maintenance of registered Hanoks or utilize the register as the basic data for policy, and, in cases falling under the following, he or she shall record and manage the details thereof:
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SECTION 2 Support for Hanoks and Development of Hanok Villages
Article 20 (Hanoks and Hanok Villages Eligible for Support)
Hanoks and Hanok Villages eligible for support under Article 17 (1) of the Decree shall be as follows:
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Article 21 (Providing Subsidies and Loans to Cover Expenses Incurred in Repairing Hanoks)
(1) Where a registered Hanok is a Hanok used for purposes falling under any of the following, the Mayor may provide a subsidy or loan to cover expenses incurred in building or repairing the Hanok following deliberation by the Committee within the budget: Provided, That in the case of Hanoks falling under subparagraphs 2 through 6, the Mayor shall only provide subsidies or loans for buildings for purposes he or she approves after obtaining advice from the Committee:
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Article 22 (Application for Subsidy or Loan to Cover Expenses Incurred in Repairing Hanok, Determination to Provide Subsidy or Loan, etc.)
(1) Any owner, etc. of a Hanok who desires to receive a subsidy or loan to cover expenses incurred in repairing the Hanok under Article 21 shall file an application with the Mayor, as prescribed by rule, after he/she receives notice of registration or expected registration under Article 16.
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Article 23 (Timing of Providing Subsidy or Loan to Cover Expenses Incurred in Repairing Hanok)
(1) The Mayor shall provide a subsidy or loan under Article 21 (2) after the repair, etc. of a Hanok is completed: Provided, That, in cases prescribed by rule, he/she may provide a subsidy or loan before the repair, etc. is completed.
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Article 24 (Revocation of Determination to Provide Subsidy or Loan to Cover Expenses Incurred in Repairing Hanok and Withdrawal of Subsidy or Loan)
(1) Where any person to whom the Mayor has determined to provide a subsidy or loan falls under any of the following, the Mayor may revoke his/her determination:
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Article 25 (Support for Installation and Improvement of Infrastructure, etc.)
The Mayor may provide support for the installation and improvement of infrastructure, such as roads, electricity, water supply and sewerage, to a Hanok village newly developed and a Hanok village already developed pursuant to Article 24 (2) of the Act.
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Article 26 (Endeavor to Reduce or Exempt from Municipal Taxes, etc. and to Improve Living Environment)
(1) The Mayor shall endeavor to provide reduction of or exemption from municipal taxes such as acquisition tax for persons living in the registered Hanoks (including the attached land; hereinafter the same shall apply) pursuant to the Restriction of Special Local Taxation Act and the Seoul Metropolitan Government Ordinance on Tax Reduction or Exemption, as prescribed by the relevant statutes.
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CHAPTER VI EXPERT COMMITTEE ON ARCHITECTURAL ASSETS
Article 27 (Establishment and Operation of Expert Committee on Architectural Assets)
(1) The Mayor shall establish the Expert Committee on Architectural Assets in Seoul Metropolitan Government pursuant to Article 6-2 of the Seoul Metropolitan Government Ordinance on Building in order to require the said Committee to deliberate and provide advice on the following concerning the preservation and enhancement of the value of architectural assets, such as Hanoks:
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CHAPTER VII PROMOTION OF REGIONAL ARCHITECTURAL CULTURE
Article 28 (Implementation of Policies to Promote Architectural Culture)
(1) Where the Mayor provides technical and financial support necessary for programs and activities of community residents in order to promote indigenous culture of the area pursuant to Article 32 (3) of the Act, he/she shall determine necessary matters, such as persons eligible for support, details of support and procedures for support; and publicly announce such necessary matters on the website at least ten days prior to the due date for filing an application for the support.
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Article 29 (Establishment of Special Account for Architectural Assets)
The Mayor may establish and operate a special account for architectural assets under Article 36 of the Act.
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Article 30 (Establishment of Support Center for Hanoks and Other Architectural Assets and Value Enhancement of Architectural Assets)
(1) The Mayor may establish and operate a support center for Hanok and other architectural assets (hereinafter referred to as the "Center") in order to improve the effectiveness of Hanok policies and provide substantial on-site support.
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CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 31 (Purchase, etc. of Exceptional Architectural Assets and Hanoks)
The Mayor may purchase exceptional architectural assets, Hanoks, etc. in an area where Hanoks are concentrated, and take measures necessary for the preservation and utilization thereof.
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Article 32 (Designation of Public Architectural Assets in Seoul Metropolitan Government)
The Mayor may designate architectural assets, such as Hanoks owned by the Seoul Metropolitan Government or Seoul Housing and Communities Corporation, which are open to the public (hereinafter referred to as "public Hanok"), the main uses of which are a museum, exhibition hall, workshop, living center, experience center, education center or lodging, as public architectural assets of Seoul Metropolitan Government after obtaining advice from the Committee.
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Article 33 (Inspection, etc.)
(1) The Mayor may conduct inspection of registered exceptional architectural assets and registered Hanoks to which subsidies or loans have been provided, and the owners of the relevant exceptional architectural assets and registered Hanoks shall undergo such inspection.
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Article 34 (Delegation and Entrustment of Authority)
(1) The Mayor may entrust a financial institution with some affairs concerning the provision of loans to cover expenses incurred in maintaining exceptional architectural assets under Article 7 and expenses incurred in repairing Hanoks under Article 21.
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Article 35 (Handling of Entrusted Affairs)
(1) Affairs entrusted to a non-profit civic group or corporation (hereinafter referred to as "person who conducts affairs") under Article 34 (3) shall be as follows:
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