Jeonse Laws in South Korea

Jeonse Laws in South Korea

South Korea

Introduction
Introduction to Jeonse in South Korea

Short-term rentals, commonly known as Minbak and Pensions in South Korea, have become a vital part of the country's booming tourism industry. Popular destinations such as Seoul, Busan, and Jeju Island attract millions of visitors each year, many of whom seek out these unique accommodations for their affordability and local charm. The impact of short-term rentals in South Korea has been significant, with the government generating substantial income from this sector—estimated to be in the billions of Korean won in 2023. Major platforms like Airbnb, Agoda, and local favorite Yanolja have been instrumental in listing these accommodations, making them easily accessible to both domestic and international travelers.

Overview

Short-term rentals, commonly known as Minbak and Pensions in South Korea, have become a vital part of the country's booming tourism industry. Popular destinations such as Seoul, Busan, and Jeju Island attract millions of visitors each year, many of whom seek out these unique accommodations for their affordability and local charm. The impact of short-term rentals in South Korea has been significant, with the government generating substantial income from this sector—estimated to be in the billions of Korean won in 2023. Major platforms like Airbnb, Agoda, and local favorite Yanolja have been instrumental in listing these accommodations, making them easily accessible to both domestic and international travelers.

Property
Overview

South Korea does not have a single, well-known national association specifically dedicated to short-term rental (STR) owners similar to associations found in some other countries. However, there are various organizations and associations related to tourism, hospitality, and real estate that STR owners might find beneficial. Additionally, there are several online communities and platforms where STR owners can connect, share information, and get support.

Property
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short term rentals
What is Jeonse in South Korea?
What are short Term Rentals in the Country?

Short-term rentals in South Korea refer to the leasing of residential properties, such as apartments, houses, or guest rooms, to travelers and tourists for short durations, typically ranging from a few days to a few weeks. These rentals are an alternative to traditional hotel accommodations, offering guests a more personalized and often cost-effective lodging option. They cater to various types of travelers, including tourists, business travelers, and individuals visiting family or attending events. It is also known as Handal Salgi, which translates to one-month living or Airbnb.

Is Subletting Legal?
Is Subletting Legal in South Korea?

In South Korea, subletting is allowed with the landlord's consent, usually in writing. Lease agreements often prohibit subletting without permission, and the original tenant remains responsible for the lease terms. Unauthorized subletting can lead to eviction or legal issues. In some cases, sublease agreements may need registration with local authorities if they affect the original lease terms.

National Association for STR Owners
What is the maximum length of stay in South Korea?
What is the maximum length of stay?

In South Korea, the maximum length of stay for short-term rentals can vary depending on the specific regulations of local governments and the type of property. However, a common standard for short-term rentals is a maximum stay of 30 days. This aligns with the general understanding of short-term accommodations and ensures compliance with local housing and tourism regulations.

Is there any National Registration Requirement or Permit?

Yes, there are national and local requirements for permits, licenses, and registrations for short-term rentals in South Korea. These regulations ensure that short-term rental properties comply with safety, health, and zoning standards. Here’s an overview of the key requirements:

Business Registration:

Hosts operating short-term rentals may need to register their rental business with the National Tax Service (NTS). This registration is necessary for tax purposes, including income tax and, if applicable, VAT.

Tourism Promotion Act:

The act may require certain types of accommodations, especially those marketed towards international tourists, to be registered with the Ministry of Culture, Sports, and Tourism. This ensures compliance with standards aimed at promoting tourism and protecting guests.

Is there a need for Permission from Landlord/Local Council/Neighbors?

In South Korea, operating a short-term rental typically requires the landlord's consent, as most lease agreements prohibit subletting without permission. Additionally, local government regulations may apply, and it's advisable to consult with the relevant municipal authorities to ensure compliance. Informing neighbors can help maintain good relations, though it's not legally mandated.

Is Short-term rental Income taxable?

Income from minbak operations must be reported and taxed. Additional local taxes may apply depending on the location.

In South Korea, rental income is subject to income tax (6-45% progressive rates) and may also be subject to 10% VAT if the rental is considered a tourist accommodation service and the provider is VAT-registered. Specific income tax provisions or deductions may apply.

Is there any National Tourism Fund or Tourist Tax?

In South Korea, there is no specific national tourist tax imposed on short-term rentals. However, the country has established the Tourism Promotion and Development Fund, managed by the Ministry of Culture, Sports and Tourism, to support tourism-related initiatives.

While short-term rental hosts are not directly required to contribute to this fund, they must comply with general tax obligations, including income tax on rental earnings. Additionally, certain accommodations may be subject to value-added tax (VAT). It's important to note that foreign tourists staying in certified hotels for less than 30 days can benefit from a VAT refund on accommodation expenses.

Is there any Guest Registration and Reporting Requirement?

Airbnb and Other Platforms: South Korea requires that operators of short-term rentals, including those listed on platforms like Airbnb, report their rental activities to the government. This involves submitting details about the rental properties and sometimes about the guests. For example, operators must report foreign guest details to the Korea Tourism Organization (KTO), including information like nationality and passport numbers, which is part of broader efforts to monitor and manage tourism impacts.

Is there any National Health and Safety Requirements?

Compliance with safety and hygiene standards is mandatory. This includes regular inspections and meeting specific criteria set out by local health and safety ordinances.

Is there any Platform Accountability Requirement?

South Korea requires that operators of short-term rentals, including those listed on platforms like Airbnb, report their rental activities to the government. This involves submitting details about the rental properties and sometimes about the guests. For example, operators must report foreign guest details to the Korea Tourism Organization (KTO), including information like nationality and passport numbers, which is part of broader efforts to monitor and manage tourism impacts.

Is there any Anti-Discrimination Law?

In South Korea, there is no comprehensive anti-discrimination law that specifically addresses short-term rentals. However, the Constitution and various sector-specific laws prohibit discrimination based on factors such as sex, religion, and social status. While these laws are primarily focused on employment and other areas, they reflect a broader societal commitment to equality. As such, hosts offering short-term rentals should adhere to these principles, ensuring fair and equal treatment of all guests to align with the nation's anti-discrimination stance.

Is there any Data Sharing Requirements?

While there are no specific data-sharing requirements unique to short-term rentals, hosts should be aware of general data localization laws in South Korea. Certain types of personal data may be required to be stored within the country, especially in contexts like national security, finance, and medical information.

It's advisable for hosts to consult with legal professionals or relevant authorities to ensure full compliance with data protection laws and regulations

Is there any National Insurance Requirement?

While there isn't a specific "national insurance" solely for short-term rentals, the National Pension and National Health Insurance schemes are relevant for those operating in this sector.

If you are operating short-term rentals as a business, you may have obligations to contribute to these schemes.

It's advisable to consult with a tax advisor or social security expert in South Korea to determine your specific obligations regarding national insurance based on your individual circumstances.

Is there any National Zoning law/Cultural Heritage law?

Zoning Laws: Zoning regulations determine where short-term rentals can operate. Some areas may restrict or prohibit short-term rentals, particularly in residential zones.

Protection of cultural properties:South Korea has laws to protect designated cultural heritage sites and properties. If a property listed for short-term rental is a designated cultural property, specific restrictions may apply regarding alterations or commercial use.

Is there any Environmental Regulations that affects STR?

South Korean Short-Term Rentals (STRs) are subject to several environmental regulations. Key areas of focus include: strict waste management practices requiring separation and proper disposal of recyclables, food waste, and general waste; adherence to energy efficiency standards, with government incentives available for energy-efficient upgrades; encouragement of water conservation through the use of low-flow fixtures and potential local rebates; and adherence to noise pollution limits, with fines possible for excessive noise, especially in residential areas. These regulations, while potentially varying by locality, aim to minimize the environmental impact of STR operations.

Is there any National Tenant Protection Law?

In South Korea, there is no single national tenant protection law that specifically targets short-term rentals. However, there are various laws and regulations that provide some level of protection for tenants in short-term rental situations. The main laws governing rentals in South Korea are:

The Housing Lease Protection Act (, Jutaek Lease Hoan Bub): This law provides general protections for tenants in long-term rentals, including requirements for written leases, security deposits, and eviction procedures.

Is there any Reporting Requirements for Foreigners?

Yes, foreigners who rent out their properties on short-term rental platforms such as Airbnb must comply with reporting requirements set by the Korean government. According to the Ministry of Justice, as of 2022, there are approximately 23,000 foreign-owned properties in South Korea that are rented out on short-term basis, with 70% of them being listed on Airbnb. As of January 2020, foreigners who rent out their properties for less than 90 days per year are required to report their rental income to the National Tax Service and pay a withholding tax of 10-20% on their rental income.

Is there any Digital Platform Regulation Compliance?

General Laws: Platforms like Airbnb are subject to general South Korean laws, including:

Electronic Commerce Act: This act governs online transactions and requires platforms to provide clear information to users.

Consumer Protection Laws: Platforms must ensure fair practices and protect consumer rights.

Data Protection Laws: Platforms must comply with data privacy laws when handling user data.

Is there any Consumer Protection Law that affect STR?

South Korea's Framework Act on Consumers protects short-term rental guests from misleading advertising, unfair contract terms, and ensures their right to accurate information. Hosts can be liable for damages, and disputes can be mediated by the Consumer Dispute Resolution Committee. The Fair Trade Commission enforces these laws

Is there any Law that applies to Non-resident Owners?

Non-resident property owners in South Korea must comply with several laws. The Foreign Investment Promotion Act allows foreign ownership but mandates property registration within 60 days of purchase. Rental agreements are governed by the Housing Lease Protection Act (protecting tenant rights) and the Civil Code (covering contract terms). Taxation includes income tax on rental income, capital gains tax on sales (potentially higher for non-residents), and annual property tax. Reporting property transactions and income to tax authorities is mandatory, and double taxation treaties may offer relief. Appointing a local representative or using a property management company is often advisable for handling legal and administrative matters.

Is there any classification of STR in the country?

South Korea's short-term rentals are broadly categorized as:

Minbak: Traditional Korean guesthouses/homestays.

Pension: Small, family-run lodgings with private rooms.

Guesthouse: Larger establishments with private rooms and shared facilities.

Short-Term Rental (STRL): A general term encompassing various short-term accommodations (apartments, houses, etc.).

The 2019 "Short-Term Rental Business Act" mandates registration and compliance for operators.

Are there Special National Event Regulations?

During national events in South Korea, existing regulations for short-term rentals (STRs) regarding noise, public order, and building safety may be more strictly enforced. Local authorities might also implement temporary measures affecting STR operations. It's crucial for hosts to stay informed about local announcements and ensure guest compliance with regulations.

Is there any Penalty for Violating National Rules?

Penalties for violating South Korean short-term rental rules vary but can include fines, business suspension, or even criminal charges depending on the severity and nature of the violation (e.g., operating without registration, tax evasion, safety violations).

Are there National Rules or Regulations Governing Short-Term Rentals in South Korea?
Are there National Rules or Regulations Governing Short-Term Rentals in the Country?

Yes, there are national rules and regulations governing short-term rentals in South Korea, though local municipalities may also have their own specific regulations. Here is an overview of the key national regulations and considerations for short-term rentals in South Korea:

National Regulations

  • Tourism Promotion Act: This act provides the legal framework for various types of accommodations, including short-term rentals. It aims to promote tourism and ensure the safety and quality of lodging facilities.
  • Act on the Improvement of Urban Areas and Residential Environments: This act includes provisions for residential areas and may impact the legality and operation of short-term rentals, especially in residential buildings.
  • Public Health Control Act: This act ensures that accommodations, including short-term rentals, meet specific health and safety standards to protect guests.
  • Building Act: Regulations under this act specify the permissible use of buildings, including whether they can be used for residential or commercial purposes. This can affect the legality of using certain types of properties for short-term rentals.
  • Taxation: Income from short-term rentals is subject to taxation. Hosts must report rental income and pay the appropriate taxes, including value-added tax (VAT) if applicable.
Is there any National Tax that affects short-term rental?

Short-term rental income in South Korea is subject to national taxes, including income tax (personal or corporate, depending on the host's status) and potentially 10% VAT if the host is VAT-registered and meets certain criteria. Local taxes may also apply.

permits, license
Are there any Permits, Licenses, or Registrations for Jeonse in South Korea?
Are there any Permits, Licenses, or Registrations for Short-term Rentals in the Country?

Yes, there are national and local requirements for permits, licenses, and registrations for short-term rentals in South Korea. These regulations ensure that short-term rental properties comply with safety, health, and zoning standards. Here’s an overview of the key requirements:

Business Registration:

Hosts operating short-term rentals may need to register their rental business with the National Tax Service (NTS). This registration is necessary for tax purposes, including income tax and, if applicable, VAT.

Tourism Promotion Act:

The act may require certain types of accommodations, especially those marketed towards international tourists, to be registered with the Ministry of Culture, Sports, and Tourism. This ensures compliance with standards aimed at promoting tourism and protecting guests.

Is there any National Association for Jeonse owners in South Korea?
Is there any National Association for STR owners in the Country?

South Korea does not have a single, well-known national association specifically dedicated to short-term rental (STR) owners similar to associations found in some other countries. However, there are various organizations and associations related to tourism, hospitality, and real estate that STR owners might find beneficial. Additionally, there are several online communities and platforms where STR owners can connect, share information, and get support.

National Association for STR Owners

Disclaimer

Lodge compliance is not a licensed tax or financial advisor. Therefore nothing in the above article should be construed as tax, legal, or financial advice. Contact your local tax office for information regarding your personal circumstance.

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