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BUSAN METROPOLITAN CITY ORDINANCE ON PERMISSION AND FEES FOR OCCUPYING AND USING ROADS

By Road Planning Division Sep 28, 2020 680  Views
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BUSAN METROPOLITAN CITY ORDINANCE ON PERMISSION AND FEES FOR OCCUPYING AND USING ROADS

Amended by Ordinance No. 5987, Sep. 25, 2019

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to prescribe matters relating to permission for occupying and using roads and relating to imposition, collection, and return of fees for occupying and using roads as delegated by the Road Act, the Enforcement Decree of the Road Act, and the Enforcement Rule of the Road Act.
  • Article 2 (Structures Qualified for Permission to Occupy and Use Roads)
  • The following structures shall be deemed by a road management agency to be eligible for permission to occupy and use roads as prescribed by municipal ordinance under subparagraph 12 of Article 55 of the Enforcement Decree of the Road Act (hereinafter referred to as the "Decree"):
    • 1. Shades, rain canopies, or other things similar thereto used commonly by merchants and customers of traditional markets under the Special Act on the Development of Traditional Markets and Shopping Districts;
    • 2. Statutes or other structures to commemorate historical events.
  • Article 3 (Criteria for Calculation of Occupancy and Use Fees)
  • Fees for occupying and using roads (hereinafter referred to as "occupancy and use fees") under Article 66 (4) of the Road Act (hereinafter referred to as the "Act") and Article 69 (2) of the Decree shall be calculated based on the standards provided in the attached Table: Provided, That the standards for calculating occupancy and use fees for any object occupying and using a road, not specified in the attached Table, shall be as prescribed in attached Table 3 of the Decree.
  • Article 4 (Rate of Reduction of and Exemption from Occupancy and Use Fees)
  • The reduction rate prescribed by ordinance of a local government under Article 18 (1) 2 of the Special Act on the Development of Traditional Markets and Shopping Districts shall be 100/100 of the occupancy and use fees.
  • Article 5 (Imposition and Collection of Occupancy and Use Fees)
  • The imposition, collection, and return of occupancy and use fees shall be as specified in Article 71 of the Decree; and the methods and procedures thereof shall be the same as those for local taxes.
  • Article 6 (Methods for Payment of Permission Fees)
  • Permission fees under Article 49 (1) 2 of the Enforcement Rule of the Road Act may be paid by revenue stamps issued by Busan Metropolitan City, by cash, or by credit card.
  • Article 7 (Grant)
  • The Mayor of Busan Metropolitan City shall provide a grant as classified below, where the head of a Gu or Gun collected the occupancy and use fees or collected monetary compensation and has paid them to Busan Metropolitan City:
    • 1. In cases of occupancy and use fees: 50/100 of the amount already paid;
    • 2. In cases of monetary compensation: 40/100 of the amount already paid.
  • Article 8 (Delegation of Authority)
  • The Mayor of Busan Metropolitan City shall delegate to the head of a Gu or Gun, the business affairs of granting permission for occupying and using roads and of imposing, collecting, and returning occupancy and use fees, monetary compensation, and administrative fines under this Ordinance.
  • ADDENDUM <Ordinance No. 5987, Sep. 25, 2019>
  • This Ordinance shall enter into force on the date of its promulgation.