Home | Databases | WorldLII | Search | Feedback Laws of the Republic of Korea

ENFORCEMENT DECREE OF THE SPECIAL ACT FOR THE PROMOTION OF THE UTILIZATION OF ABOLISHED SCHOOL PROPERTIES

[Effective on Jul. 4, 2007] [Presidential Decree No. 20144, Jul. 2, 2007, Partial Amendment] Ministry of Education, Science, and Technology (Education Welfare Planning Division) 02- 2100-6528

Article 1 (Purpose)

The purpose of this Decree is to provide for any matters delegated by the Special Act for the Promotion of the Utilization of Abolished School Properties and matters necessary for the enforcement thereof. Article 2 (Matters Concerning the Promotion of the Utilization of Abolished School Properties)

"Other matters concerning the promotion of the utilization of abolished school properties" under Subparagraph 4 of Article 4 (1) of the Special Act for the Promotion of the Utilization of Abolished School Properties, (hereinafter referred to as the "Act"), mean matters falling under any of the following subparagraphs:

1. Matters concerning the discovery of an excellent case for utilization of abolished school properties and its advertisement; and

2. Matters concerning the utilization of computer programs for the efficiency of the management of abolished school properties.

[Wholly Amended by Presidential Decree No. 20144, Jul. 2, 2007] Article 3 (Lending and Disposal, etc. by a Free Contract) (1) A "local resident as prescribed by Presidential Decree" under Article 5 (1) and Subparagraph 3 of Article 5 (3) of the Act means a person with the resident registration in the student attendance district, (referring to the student attendance district under Subparagraph 10 of Article 20 of the Local Education Autonomy Act), of the relevant school at the time of abolishment of the school, who has actually resided in said area not less than one year prior to the day of public notification for disposal or lending of the relevant abolished school properties.

(2) In the event of lending under Article 5 (1) of the Act, the annual rate of the lending fee shall be as prescribed by Municipal Ordinance of the Special Metropolitan City, the Metropolitan City, Do and Special Autonomous Do concerned, (hereinafter referred to as the "City/Do"), with a lower limit of 10/1000 of the evaluated price of the relevant abolished school properties, (referring to the price under Article 31 (2) of Enforcement Decree of the Public Property and Commodity Management Act; hereinafter the same shall apply). .

(3) The lending period shall be no longer than ten years, and may be renewed. In this case, the period of renewal shall not exceed ten years at each time of renewal. (4) In the event that the evaluated price of the relevant abolished school properties has been increased due to the act of improvement under the consent of the City/Do superintendent of an office of education and the balance of the increased amount currently exists, the lending fee shall be calculated by subtracting the increased amount of evaluation. (5) The City/Do superintendent of an office of education shall, where he/she disposes of the abolished school properties, make a public notification thereof through official gazette or daily newspapers, etc. for not less than thirty days.

Article 3-2 (Reduction, etc. of Lending Fees)

(1) The annual rate of reduction of the amount in cases of lending the abolished school properties at a reduced fee under Article 5 (3) of the Act shall be as prescribed by Municipal Ordinance of the relevant City/Do within a scope not exceeding the rate as prescribed in any of the following subparagraphs:

1. Where the abolished school properties are used for social welfare facilities, educational facilities, cultural facilities, or public sports facilities: 500/1000 of the annual lending fee under Article 3 (2); and

2. Where the abolished school properties are used for income increasing facilities: 300/1000 of the annual lending fee under Article 3 (2). (2) The City/Do superintendent of an office of education may request any person who intends to lend the abolished school properties at a reduced amount under Article 5 (3) of the Act, for the presentation of a plan concerning the establishment and operation of facilities. [This Article Newly Inserted by Presidential Decree No. 18079, Aug. 6, 2003] Article 3-3 (Application of Gratuitous Lending)

"Areas as prescribed by Presidential Decree" under Subparagraph 4 of Article 5 (5) of the Act means the Eup/Myeon/Dong where the abolished school is located. [This Article Newly Inserted by Presidential Decree No. 20144, Jul. 2, 2007] Article 4 (Gratuitous Lending Following the Construction of a Permanent Facility) The provisions of Article 17 of the Public Property and Commodity Management Act shall apply mutatis mutandis to the calculation of the free loan period under Article 6 (2) of the Act. Article 5 (Special Cases Concerning the Alteration of the Purpose of Use) "Cases as prescribed by Presidential Decree" in Article 10 of the Act means cases of lending the abolished school properties in which the level of pollution generated is lower than the level at the time of operating the relevant abolished school, (the number of school teachers and personnel shall be based on the time of establishment of the relevant school).

ADDENDUM

This Decree shall enter into effect on July 4, 2007.