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Busan Metropolitan City Ordinance on the Reduction of Charges for Causing Traffic Congestion, etc.

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Busan Metropolitan City Ordinance on the Reduction of Charges for Causing Traffic Congestion, etc.

• Article 1 (Purpose)
• The purpose of this Ordinance is to prescribe the matters delegated by Article 19 of the Urban Traffic Improvement Promotion Act (hereinafter referred to as the "Act") and Article 17 and 24 of its Decree (hereinafter referred to as the "Decree") and matters necessary for its enforcement.

• Article 2 (Definition)
• The definitions of terms used in this Ordinance shall be as follows:
  • 1. The term "charges" means the charges for causing traffic congestion under Article 18 of the Act
  • 2. The term "traffic volume" means the traffic volume of car using facilities imposed the charges
  • 3. The term "downtown area" means all commercial and industrial districts, and quasi-residential area in the urban traffic improvement district and
  • 4. The term "No-Drive Days operation" means voluntarily no-driving one's own car on the day by a driver who is registered to the City.

• Article 2-2 (Exemption of the Charges)
• The charges shall not be imposed on the facilities such as substation, garbage disposal facilities including a garbage incinerator, drainage plants, filtration plants, and sewage treatment plants shall not be imposed the charges.

• Article 3 (Unit Charges)
• The unit charges of facilities imposed the chargesunder Article 19 (2) of the Act and Article 18 of the Decree shall be as follows:
  • 1. In a case where the total floor area of each story measures 3,000 square meters or more and an attached parking lot has 10 faces and more:
    • (a) 700 won per one square meter in case of facilities located in the first class land in downtown area; and
    • (b) 500 won per one square meter in case of facilities located in the second class land in downtown area; and
  • 2. In a case where the total floor area of the section measures 1,000 square meters or more except facilities referred to in paragraph 1, and an attached parking lots has 10 faces and more, 350 won per one square meter.
  • 3. Deleted.
  • 4. Deleted.

• Article 3-2 (Traffic-Congestion Causing Coefficient)
• Traffic-congestion causing coefficientof facilities imposed the charges under Article 19 (2) of the Act and Article 18 of the Decree shall be as the form 2.

• Article 4 (Range of Facilities Imposed the Reduced Charges) (1) Facilities imposed the reduced charges (hereinafter referred to as the "Business Traffic Demand Management Facilities") shall be the facilities implementing a plan to reduce the traffic volume among facilities as prescribed in Article 3(1)
• (2) The Business Traffic Demand Management Facilities in possession of state or local government shall be the facilities where the total floor area of each story is 1,000 square meters and more, notwithstanding paragraph (1)
• (3) Facilities implementing a plan to reduce the traffic volume other than those as provided in paragraph (1) (2) may be the facilities imposed the reduced charges.

• Article 7 (Entrustment of Business)
• The Mayor may entrust public information，guidance, and other necessary business to civic groups and etc. for promoting the No-Drive Days Operation. is at least three as determined by the Mayor in islands, backwoods，and other special areas pursuant to the attached table 2 (1) the Decree.

• Article 5 (Reduction Rate of the Charges) (1) The standards for implementation and the reduction rate under Article 24 (2) (4) of the Decree shall be as the attached table 4.
• (2) The charges shall not be reduced where the total sum of the reduction rate as referred in paragraph (1) is below 10/100.

• Article 6 (Reduction Period of the Traffic Volume, etc.) (1) The owner of the Business Traffic Demand Management Facilities as prescribed in Article 4 shall reduce the traffic volume during three months and more consecutively from August 1 to July 31 of the following year in order to apply the reduction rate of the charges as prescribed in Article 5.
• (2) The calculation of implementing period of reduction of the traffic volume shall be done by month, except the period below a month.

• Article 7 (Submission of Implementing Plan of Reducing the Traffic Volume, etc) (1) Any person who intends to reduce the charges shall submit implementing plan of reducing the traffic volume (hereinafter referred to as the "Implementing Plan") to the Mayor of Busan Metropolitan City (hereinafter referred to as "the Mayor") by the 20th of the month, and shall implement the plan of reducing the traffic volume from the first of the following month.
• (2) The Mayor who receives the Implementing Plan shall confirm whether it is implemented more than one time per month, and shall record and manage the confirmed matters of implementation.

• Article 8 (Implementing Elasticity per Plan of Reducing the Traffic Volume, etc.) (1) If the Mayor confirms whether the plan is implemented concerning the Business Traffic Demand Management Facilities submitting the Implementing Plan under the provision of Article 7(1) it shall be deemed to be implemented even though it is not actually implemented within the limit of the following subparagraphs:
• • 1. Implementation of the payment system in parking lots, and the operation of No-Drive Days that require people to leave their cars at home once, twice, and five times in every 10 days
    (a) Within 5 percent of the number of parking sides in the Business Traffic Demand Management Facilities where the number of parking sides is below 100.
  • (b) Within 4 percent of the number of parking sides in the Business Traffic Demand Management Facilities where the number of parking sides is from 100 to 500.
  • (c)) Within 3 percent of the number of parking sides in the Business Traffic Demand Management Facilities where the number of parking sides is 500 and more.
  • 2. Car pool: Within 5 percent of the number of cars participating in reported car pool; and
  • 3. Shuttle bus operation: where the shuttle bus is not operated within 5 days per month for the maintenance of the shuttle.
• (2) After the owner of the Business Traffic Demand Management Facilities submits the Implementing Plan, the reduction rate of the charges shall not apply to the month when it is not implemented over the elasticity standards per the plan of reducing the traffic volume as prescribed in paragraph (1)

• Article 9 (Establishment and Management of the Charge Reduction Deliberation Committee) (1) The Charge Reduction Deliberation Committee (hereinafter referred to as the "Committee") shall be established to deliberate the decision of the reduction rate of the charges.
• (2) The Committee shall be composed of 9 or less members including a chairman, andits members shall be persons commissioned by the Minister of Finance and Economy from among administrative agency concerned, traffic experts, tax accountants, lawyers, and professors. In this case, more than half of its members shall include persons other than public officers.
• (3) The Committee meeting is to start with a majority of the registered Committee members present and shall pass a resolution with a majority vote of the Committee members who are present.
• (4) Commissioned members attending at a meeting shall be paid allowances and traveling expenses within the limit of budget.

• Article 10 (Application for the Reduction of the Charges, etc) (1) Any person who intends to reduce the charges shall submit the written application for the reduction of the charges to the Mayor by every August 5.
• (2) If the Mayor receives the application for the reduction of the charges, he/she shall determine the reduction rate of the charges through the deliberation of the Committee after investigating details of application for the reduction and shall notify the decisionnotice of the reduction rate of the charges.

• Article 11 (Education and Promotion Duty)
• The Mayor and the head of a Gu shall educate and promote the plan of reducing the traffic volume at least once a year for the owner or the manager of the Business Traffic Demand Management Facilities to actively participate in it.

• Article 12 (Delegation of Authority)
• The Mayor shall delegate the following authorities to the head of a Gu:
  • 1. Imposition and collection of the charges under Article 29 of the Decree;
  • 2. Decision of the reduction rate of the charges under Article 5;
  • 3. Acceptance of the Implementing Plan and confirmation of its implementation under Article 7
  • 4. Establishment and management of the Committee under Article 9; and
  • 5. Acceptance of application for the reduction of the charges.
  • 5. Deleted.

• Article 13 (Grant of the Collection Subsidies)
• The Mayor grant 20/100 of the collection subsidies as the handling expenses of administrative affairs concerning the imposition and collection of the charges under Article 29 (2) of the Decree: Provided, That he/she may grant additionally within the limit of 10/100, considering the imposition of the charges per autonomous Gu, promoting conditions of collection affairs, the reduction rate of the traffic volume, and etc.