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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. and matters necessary for the enforcement thereof. <Amended by Rule No. 3093, Jan. 31, 2000; Rule No. 3409, Jan. 29, 2015; Rule No. 4143, Feb. 23, 2017>

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 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 Act with the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor"), along with required documents attached thereto. <Amended by Rule No. 1852, Apr. 23, 1980; Rule No. 3093, Jan. 31, 2000; Rule No. 3409, Jan. 29, 2015; Rule No. 4214, Apr. 5, 2018>
(2) An occupant who intends to change any of the matters permitted pursuant to paragraph (1) shall file an application after attaching 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 Rule No. 2585, Dec. 27, 1993; Rule No. 4143, Feb. 23, 2017>
(3) Deleted. <by Rule No. 3093, Jan. 31, 2000>

Article 4 Deleted. &#lt;by Rule No. 3409, Jan. 29, 2015&#gt;

Article 5 (Permits) When occupancy of a road 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 Rule No. 1852, Apr. 23, 1980; Rule No. 4214, Apr. 5, 2018>

Article 6 (Period of Permission to Occupy for Use) The period of permission to occupy a road for use shall be the period prescribed by the Enforcement Decree of the Road Act.
[This Article Wholly Amended by Rule No. 3409, Jan. 29, 2015]

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

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

Article 9 Deleted. &#lt;byRule 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 Rule No. 3093, Jan. 31, 2000>

Article 11-2 (Imposition and Collection of Administrative Fines) Procedures, including the imposition and collection of administrative fines and objection under Article 9-2 of 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") shall be prescribed in the Act on the Regulation of Violations of Public Order.
[This Article Wholly Amended by Rule No. 4214, Apr. 5, 2018]
Articles 11-3 through 11-6 Deleted. <by Rule No. 4214, Apr. 5, 2018>

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 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 Rule No. 3409, 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 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 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 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. &#lt;by Rule No. 3409, Jan. 29, 2015&#gt;

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 the same fiscal year, and each installment of fees for occupancy and use shall be collected before the beginning of the following quarter, except for an extraordinary case. <Amended by Rule No. 3093, Jan. 31, 2000; Rule No. 4143, Feb. 23, 2017; Rule No. 4214, Apr. 5, 2018>
(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 Rule No. 3093, Jan. 31, 2000>
Articles 15 and 16 Deleted. <by Rule No. 2585, Dec. 27, 1993>
Articles 17 (Establishment and Management of Facilities)
Matters regarding the establishment and management of facilities prescribed in Article 2 of the Ordinance may be determined separately by the Mayor: Provided, That matters regarding the establishment and operation of crosswalk shelter under subparagraph 5 of the same Article shall be prescribed in the attached Table.
[This Article Newly Inserted by Rule No. 4214, Apr. 5, 2018]

Article 15 Deleted. <Dec. 27, 1993>

Article 16 Deleted. <Dec. 27, 1993>


- Table 1 (Establishment and Operation of Crosswalk Shelters (regarding Article 17))

- Form 1 (Deleted. )

- Form 2 (Permit for Occupancy of Road for Use)

- Form 3 (Occupancy of Road for Use Permission Register)

- Form 4 (Notice of Disposition of the Administrative Fine)

- Form 5 (Payment Notice of Administrative Fine)

- Form 6 (Reminder Notice of Administrative Fine )

- Form 7 (Notice of Cancellation (Amendment) of Administrative Fine )

- Form 8 (Objection Against Disposition of Administrative Fine)

- Form 9 (Notice of Objection against Disposition of Administrative Fine)

- Form 10 (Register of Receipts of Administrative Fines)