🚨 Enforcement Fines

Today Korean Social News for Beginners | 2025.08.07

0️⃣ Building Violation Penalties and Seoul's Reduction Plan, Gap Between Reality and Law

📌 "The Previous Owner Did It"...Seoul City Pushes 75% Reduction in Building Violation Enforcement Fines

💬 Seoul City has decided to greatly reduce the burden of enforcement fines imposed on small residential building violations. To improve the unfair system where current owners must pay for violations committed by previous owners, the city is pushing for ordinance amendments to reduce enforcement fines by up to 75% and extend the application period from 1 year to 3 years. Major violation cases include balcony windows, roofs, and canopy installations. The city has also proposed law amendments to the Ministry of Land, Infrastructure and Transport regarding sunlight slope regulations. This is evaluated as a practical policy improvement to reduce the gap between building law standards and real life while easing citizens' burden.

💡 Summary

• Enforcement fines are monetary penalties imposed on building owners who don't fix illegal conditions.
• Seoul City is pushing to reduce enforcement fines for small residential building violations by up to 75%.
• The goal is to improve the unfair system where current owners pay for previous owners' violations.

1️⃣ Definition

Enforcement Fines refer to monetary penalties imposed by administrative authorities on buildings that don't fix illegal conditions after correction orders are issued and not followed. Unlike regular fines or administrative fines, these can be imposed repeatedly and continue until the violation is resolved.

Under current law, building owners become subject to enforcement fines if they have ownership rights, even if they weren't the ones who committed the violation. This creates situations where current owners must take responsibility for violations committed by previous owners.

💡 Why is this important?

• It's an important penalty tool to prevent safety accidents and disputes from building law violations.
• There's an unfair structure where current owners must take responsibility for previous owners' violations.
• Small facilities closely related to daily life also become violation targets, creating a big burden for citizens.
• It's a representative example showing the gap between building law standards and real life.

2️⃣ Structure and Current Status of the Enforcement Fine System

📕 Enforcement Fine Imposition Procedures and Standards

• Fines are imposed through step-by-step procedures. The main process includes:

  • When building law violations are confirmed, voluntary correction orders are first issued.
  • If violations aren't resolved within the correction period, they become subject to enforcement fines.
  • Enforcement fines can be imposed repeatedly while the violation continues.
  • Fine amounts are set differently according to the scale and nature of violations.
  • Fines only stop when violations are finally resolved or structures are demolished.

• The current system has major characteristics and problems. Key issues include:

  • Building owners become subject to fines even if they weren't directly responsible for violations.
  • Previous owners' violations are completely inherited during real estate transactions.
  • Small facilities for living convenience like balcony windows, small roofs, and canopies also become violations.
  • Sunlight slope violations occur frequently in urban low-rise residential areas.
  • Continuous penalties are imposed even for facilities that are realistically difficult to remove.

📕 Seoul City's Building Violation Status and Cases

• Various types of building violations exist. Main types include:

  • Balcony window installation is one of the most common violation cases.
  • Many violations from house roof expansion or improvements.
  • Frequent violation cases from installing canopies or awnings in front of stores.
  • Considerable violations from single-family house extensions or use changes.
  • Sunlight slope violations occur especially often in urban dense areas.

• Citizens face significant practical difficulties. Major problems include:

  • Many discover previous owners' violations after buying houses.
  • Facilities needed for living but legally violations create dilemmas.
  • Enforcement fines continue accumulating, creating growing economic burden.
  • Demolition or restoration costs are high, making realistic response difficult.
  • Building violation status negatively affects prices in real estate transactions.

💡 Major Issues in the Enforcement Fine System

1. Responsibility Succession Structure: Unfairness of current owners taking responsibility for previous owners' violations
2. Lack of Reality: Strict standards considering even facilities closely related to daily life as violations
3. Economic Burden: Excessive economic burden accumulation from repeated impositions
4. Limited Solutions: Alternatives are limited except demolition or restoration
5. Equity Issues: Uniform application without considering violation severity

3️⃣ Seoul City's Improvement Plans and Future Prospects

✅ Seoul City's Ordinance Amendment Push

• Major reduction benefits will be provided. Main amendment contents include:

  • Reducing enforcement fines by up to 75% for small residential building violations.
  • Greatly extending the reduction application period from current 1 year to 3 years.
  • Planning to apply more lenient standards for previous owners' violations.
  • Preparing separate relaxed standards for life-related small facilities.
  • Also reviewing customized reduction plans considering economic capability.

• Administrative support and consultation services will also expand. Main support measures include:

  • Expanding building violation consultation windows to increase citizen accessibility.
  • Preparing guidelines presenting customized solutions by violation type.
  • Clearly distinguishing facilities that can be legalized from those requiring demolition.
  • Operating installment payment or payment deferral systems for citizens facing economic difficulties.
  • Planning to introduce incentive systems to encourage voluntary correction.

✅ Ministry Proposals and Systematic Improvement Directions

• Proposals for fundamental legal improvements are being pushed. Main proposal contents include:

  • Proposed realistic adjustment of sunlight slope regulations to ease excessive regulations.
  • Requested preparation of separate relaxed standards for life-related small facilities.
  • Suggested applying differentiated standards reflecting characteristics of urban dense areas.
  • Proposed changing enforcement fine imposition subjects from owners to actual violators.

• Long-term policy directions and expected effects are presented. Main prospects include:

  • Expected to increase stability in citizens' lives by reducing gaps between reality and law.
  • Expected to reduce anxiety about building violations during real estate transactions.
  • Will help housing stability for low-income families by easing excessive economic burden.
  • High possibility of similar policies spreading to other local governments.
  • Could lead to reasonable improvements in the overall building law system long-term.

4️⃣ Related Terms

🔎 Building Act

• The Building Act regulates building structure, use, and location to promote public welfare and safety.
  • The Building Act is a law enacted to promote rational land use and contribute to public welfare by establishing necessary matters regarding building sites, structures, facilities, and uses. It systematically manages the entire process from building permits to completion inspections.
  • Main Building Act contents include: First, it specifies building permit and notification procedures. Second, it establishes standards for building sites, roads, structures, and facilities. Third, it regulates building restrictions according to use zones and districts. Fourth, it includes penalty measures like correction orders and enforcement fine imposition for violations.
  • Enforcement fines are imposed according to Building Act Article 80 when correction orders aren't followed, and reduction provisions are included to prevent excessive economic burden. Seoul City is trying to expand reduction scope and period through ordinances based on this.

🔎 Illegal Buildings

• Illegal buildings refer to facilities built in violation of the Building Act or related laws.
  • Illegal buildings refer to facilities built without building permits, built differently from permitted content, or violating various Building Act standards. They can be divided into unauthorized buildings and buildings violating permit standards.
  • Main types of illegal buildings include: First, unauthorized new construction or extensions are most representative. Second, use change violations using buildings differently from permitted uses. Third, cases exceeding building coverage ratio or floor area ratio. Fourth, violations of sunlight slopes or height restrictions are also included.
  • When violations are confirmed, voluntary correction orders are issued, and enforcement fines are imposed for non-compliance. For houses, facilities closely related to real life like balcony windows, roof improvements, and canopy installations also become regulation targets, causing ongoing controversy.

🔎 Sunlight Slope

• Sunlight slope is a regulation limiting building height to protect neighboring residential areas' lighting rights.
  • Sunlight slope refers to imaginary lines limiting building height to secure necessary sunlight for surrounding buildings or sites. Buildings can only be constructed below lines drawn at certain angles from adjacent site boundary lines according to Building Act enforcement ordinance standards.
  • Sunlight slope application standards include: First, in residential areas, height of 9m must be maintained up to 9m from adjacent site boundary lines. Second, from then on, construction is only possible below 60-degree sunlight slopes. Third, different standards apply in other use zones like commercial areas.
  • While it's a representative standard for ensuring sunlight rights, it often acts as excessive regulation in urban low-rise residential dense areas, so Seoul City has proposed amendment necessity to the Ministry of Land, Infrastructure and Transport. Particularly, even small extensions or improvements of existing houses are considered sunlight slope violations, increasing citizens' difficulties.

🔎 Legalization

• Legalization is the process of institutionally recognizing and legalizing illegal or abnormal acts or facilities.
  • Legalization refers to the process of legally normalizing situations that are currently illegal or violate regulations but are socially accepted or recognized as necessary. It's a policy approach that recognizes reality and incorporates it into the institutional framework rather than simple enforcement.
  • Main methods of construction field legalization include: First, preparing legalization procedures for existing illegal buildings. Second, relaxing related laws or standards to match reality. Third, tolerating violation conditions under certain conditions or taking reduction measures.
  • Seoul City's enforcement fine reduction and Building Act amendment proposals to the ministry are ways to push systematic legalization under certain conditions reflecting realistic situations of illegal buildings. This can be seen as part of system improvement to guarantee citizens' housing stability and living convenience.

5️⃣ Frequently Asked Questions (FAQ)

Q: What should I do if I bought a house but it's an illegal building?

A: First, accurately understanding the violation content and consulting with the relevant district office is most important.

• Building violation status can be confirmed at the local district office's building department. First, you must accurately understand the scale and nature of violation content. Cases like balcony windows or small canopies differ in response methods from large-scale unauthorized extensions. Second, you need to review whether voluntary correction is possible. You need to judge whether it's a facility that can be demolished or one that can be legalized. Third, you should check if it qualifies for enforcement fine reduction. In Seoul's case, you can receive up to 75% reduction once new ordinances pass. Fourth, please inquire whether installment payment or payment deferral considering economic capability is possible.
• Most importantly, don't neglect it but actively consult to find solutions. As time passes, enforcement fines accumulate and the burden can become greater.

Q: How do enforcement fines differ from administrative fines?

A: Enforcement fines are imposed repeatedly while violation conditions continue, but administrative fines are imposed only once.

• Administrative fines are one-time penalty payments for law violations, having a punishment character for the violation act itself. In contrast, enforcement fines are coercive means to induce correction of illegal conditions, imposed continuously until violation conditions are resolved. First, in imposition frequency, administrative fines are imposed only once but enforcement fines can be imposed repeatedly. Second, in imposition purpose, administrative fines punish violation acts, but enforcement fines are means to induce voluntary correction. Third, in cessation conditions, administrative fines end with payment, but enforcement fines only stop when violation conditions are resolved. Fourth, there are also differences in imposition amounts, with enforcement fines potentially creating greater economic burden.
• Therefore, if you become subject to enforcement fines, it's important to resolve violation conditions as quickly as possible or consult with relevant agencies to seek solutions.

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