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Laws of the Republic of Korea |
(Support Policy Division) Ministry of Land, Transport, and Maritime Affairs, 031-476-8976
Chapter 1 General Provisions
Article 1 (Purpose)
The purpose of this Act is to provide matters necessary for the construction of innovative cities that accept public institutions relocating from the Seoul Metropolitan Area to regions other than the Seoul Metropolitan Area according to the provision of Article 18 of the Special Act on Balanced National Development and matters for the support of such public institutions and their employees, and thereby to promote the relocation of public institutions to local cities and contribute to balanced national development and the improvement of national competitiveness. Article 2 (Definitions)
For the purpose of this Act, the definitions of terms shall be as follows.
1. The term "public institution" means institutions under Subsection 10, Article
2 of the Special Act on Balanced National Development.
2. The term "relocating public institutions" means public institutions, as
prescribed by Presidential Decree, that have relocated
from the Seoul
Metropolitan Area to regions other than the Seoul Metropolitan Area, (including
public institutions that relocate
individually according to the provision of Article
29).
3. The term "innovative city" means a future city that will accept the relocating
public institutions and will be developed according
to this Act so as to be
furnished with an innovative environment where industries, universities,
research institutions, and public
institutions can work in close cooperation, and a
residential environment allowing for high-level residence, education, and culture.
4. The term "district for innovative city development" means a district
designated and announced according to the provision of Article
7 as a district for
an innovative city development project.
5. The term "innovative city development project" means a project conducted to
build an innovative city.
6. The term "existing real estate" means buildings, including office buildings,
and sites that the relocating public institutions
have in the Seoul Metropolitan
Area.
7. The term "Infrastructure" means infrastructure under Subsection 6, Article 2
of the National Land Planning and Utilization Act.
8. The term "Public Facilities" mean public facilities under Subsection 13,
Article 2 of the National Land Planning and Utilization
Act.
9. The term "Seoul Metropolitan Area" means regions under Subsection 1,
Article 2 of the Seoul Metropolitan Area Readjustment Act.
Article 3 (Relationship with Other Laws and Regulations)
Special cases under this Act regarding restrictions on districts for innovative
city
development and innovative city development projects shall have priority over other
laws and regulations in application, provided,
however, that if any other laws and
regulations have a provision of restrictions being eased to an extent greater than that of
special cases of this Act, the easier provisions shall apply.
Chapter 2 Formulation of the Plan for the Relocation of Relocating
Public Institutions to
Local Cities
Article 4 (Formulation of the Plan for the Relocation of Relocating Public Institutions to
Local Cities)
The head of the relocating public institution shall formulate a plan for
relocation to a local city that includes matters of the
following subsections:
1. Scale and scope of the relocation;
2. Period for the relocation;
3. Financing of the relocating expenses; and
4. Other matters prescribed by Presidential Decree.
The plan for relocation to a local city under Section 1 shall be formulated
with the purpose of relocating the headquarters or the main office, and the
organization performing associated functions in the
Seoul Metropolitan Area to
other regions.
The head of a relocating public institution shall, when completing the
formulation of a plan for relocation to a local city under
Section 1, submit the
finished plans for relocation to a local city to the head of the administrative
agency concerned. The same
shall apply to any alterations of the plans.
Upon receipt of the plan for relocation to a local city under Section 3, the
head
of the administrative agency concerned shall submit it to the Minister of
Land, Transport, and Maritime Affairs, (hereinafter referred
to as the
"Minister"), after examination and coordination thereof, and the Minister shall
give approval to the plan after passing
deliberations of the Regional
Development Committee under Article 22 of the Balanced National
Development Act, provided, however,
that the alteration of minor matters
prescribed by Presidential Decree shall not undergo any deliberations of the
Regional Development
Committee.
Article 5 (Formulation of the Plan for Support for Relocation by Local Governments)
A Mayor of a metropolitan city, Do governor,
or special Do governor,
(hereinafter referred to as the "Mayor/Do governor"), of any region to which
relocating public institutions
will relocate shall formulate a plan for support for
the relocating public institution and their employees after hearing the opinions
of
the relocating public institutions and the head of the city, Gun, or Gu, (referring
to the head of the autonomous Gu. The same
shall apply hereinafter.), to which
the public institutions shall relocate.
Detailed matters concerned with the formulation of the plan for support for
relocation under Section 1, including standards for
the formulation of the plan
for support for relocation, shall be provided by Ordinance of the Ministry of
Land, Transport, and
Maritime Affairs.
Any person falling under any of the Subsections of Section 1, Article 10 may
make a proposal on the designation of a district for
innovative city development
to the Minister.
Procedures, documents, and other matters necessary for a proposal on the
designation of a district for innovative city development
under Section 2 shall be
provided by Presidential Decree.
Article 7 (Procedures, etc. for a Designation of a District for Innovative City
Development)
Where intending to designate a district for innovative city development
according to the provision of Article 6, the Minister may
designate a district for
innovative city development through the process of hearing the opinions of the
Mayor/Do governor and the
head of the city, Gun, or Gu, having consultations
with the head of the central administrative agency concerned, and passing the
deliberations of the Innovative City Committee pursuant to Article 30. The same
shall apply to any alterations of the designated
district for innovative city
development, (excluding alterations of minor matters as prescribed by
Presidential Decree).
Where intending to designate or alter a district for innovative city
development according to the provision of Section 1, the Minister
shall hear the
opinions of residents and experts concerned as provided by Presidential Decree,
provided, however, that the same
shall not apply to any alterations of minor
matters as prescribed by Presidential Decree.
1. Name, purpose, and implementer of the innovative city development project;
2. Location and area of the innovative city development project;
3. Particulars of the land to be expropriated or used; and
4. Topographical map under Section 2, Article 8 of the Framework Act on Land
Utilization Restrictions.
Districts designated and announced as districts for innovative city
development shall be construed as having been designated and
announced as
urban districts under Article 6 of the National Land Planning and Utilization Act,
and class 1 district unit planning
zones under Article 51 of the same Act. The
designation and announcement of a district for innovative city development shall
be
construed as an announcement of a topographical map under Article 32 of the
National Land Planning and Utilization Act.
Article 8 (Cancellation of Designation of a District for Innovative City Development)
In the event that any district for innovative
city development designated
according to Section 1, Article 7 falls under any of the following subsections,
the Minister may cancel
said designation after passing the deliberations of the
Innovative City Committee: 1. In the event that the implementer of the innovative city development project
under Section 1, Article 10 has failed to apply for
approval of the innovative city
development plan under Article 11 within two (2) years of the date of
designation of the district
for innovative city development under Section 1,
Article 7; or
2. In the event that the implementer of the innovative city development project
under Section 1, Article 10 has failed to apply for
approval of the
Implementation Plan for an innovative city development project under Article
12 within three (3) years of the date
of approval of the innovative city
development project under Article 11.
In the event of a cancellation of designation of any district for innovative city
development, the Minister shall announce details
thereof in official gazettes as
provided by Presidential Decree.
Any person who intends to perform acts prescribed by Presidential Decree
within a district for innovative city development, including
the construction of
buildings, installation of structures, alteration of the shape and quality of land,
gathering of earth and
rocks, land division, and piling up of goods, shall obtain
the permission of the governor of the special autonomous Do, the head
of the
city, Gun, or Gu. The same shall apply to any alterations of permitted acts.
acts falling under any of the following subsections
may be performed without
permission, notwithstanding the provision of Section 1:
1. Emergency measures for recovery from natural disaster or settlement of
calamity; or
2. Other acts prescribed by Presidential Decree.
Any person who has already commenced work or projects concerned with
acts requiring
permission under Section 1 may continue the work or project after
reporting to the governor of the special autonomous Do, the head
of the city,
Gun, or Gu as prescribed by Presidential Decree, if he/she has obtained
permission for the acts according to laws
and ordinances concerned, or if there
was no need to obtain permission for such acts as of the time of designation of
the district
for innovative city development, and the announcement thereof.
The governor of the special autonomous Do, the head of the city,
Gun, or Gu
may order the violator of Section 1 to restore the area to its original state. In the
event that a person given such
said order fails to perform said duties, the
governor of the special autonomous Do, the head of the city, Gun, or Gu may
execute
the necessary acts according to the Administrative Vicarious Execution
Act.
Provisions of Articles 57, 60, and 62 of the National Land Planning and
Utilization Act shall apply to permission under Section
1 unless this Act
provides otherwise.
Permission under Section 1 shall be construed as permission under Article 56
of the National Land Planning and Utilization Act.
Article 10 (Designation of a Project Implementer, etc.)
The Minister shall designate the implementer of an innovative city
development
project among any of the following: 1. State agency and local government;
2. Government-owned institutions as provided by Presidential Decree; or
3. Local public businesses under the Local Public Enterprises Act.
The implementer, (hereinafter referred to as the "Project Implementer"),
of
an innovative city development project under Section 1 may, where deemed
necessary for the efficient implementation of the innovative
city development
project, have a registered business under Article 9 of the Housing Act or Article
9 of the Framework Act on Construction
Industry execute part of the innovative
city development project, including the construction of land, as provided by the
Presidential
Act.
With reference to an innovative city development project for districts for
innovative city development designated according to
a proposal under Section 2,
Article 6, the Minister may preferentially designate the person who proposed the
designation as the
Project Implementer.
Where intending to implement an innovative city development project, the
Project Implementer shall formulate a plan, (hereinafter
referred to as the
"Development Plan"), for innovative city development as provided by
Presidential Decree and obtain the approval
of the Minister. The same shall
apply to any alterations of the approved Development Plan, (excluding
alterations of minor matters
as prescribed by Presidential Decree).
The Project Implementer shall take into consideration local small and
medium businesses in the formulating of the Development Plan
under Section 1
for their participation in the development plan.
The Development Plan shall include matters outlined in the following
subsections:
1. Name of the development plan, location and area of the district for innovative
city development;
2. Name and address of the Project Implementer, and name of the representative;
3. Implementation period of the innovative city development project;
4. Plan for population movement, land utilization, traffic problems, and
environmental conservation;
5. Financing and yearly investment plan;
6. Plan for constructing facilities for education, culture, physical exercise, health
and medical care, welfare, and families;
7. Financing plan for the construction of infrastructure, where the infrastructure
is constructed outside the district for innovative
city development;
8. Plan for construction, (including financing the construction), of important
infrastructure, including roads, water supply, and
sewage; and
9. Other matters as prescribed by Presidential Decree.
Where intending to approve a Development Project, the Minister shall hear
the opinions of the Mayor/Do governor and the head of the city, Gun, or Gu
concerned, consult with the head of the central administrative
agency concerned
and pass deliberations of the Innovative City Committee as provided by
Presidential Decree.
In the event of approving a Development Plan according to Section 1, the
Minister shall announce the fact in an official gazette
as provided by Presidential
Decree and forward details thereof to the special autonomous Do governor, or
the head of the city,
Gun, or Gu concerned for public access.
The approval and announcement of the Development Plan under Section 5
shall be construed as a formulation or alteration of the
basic urban plan under
Articles 18 and 22 of the National Land Planning and Utilization Act, and
approval of the Minister thereof.
1. Fund supply and demand plan, (including a yearly investment and financing
plan);
2. Location drawings and a cadastral map for the project implementation site;
3. Planning ground plan and outline drawings;
4. Phased development plan, (only where the innovative city development
project is to be implemented in phases);
5. Agreement regarding the promotion of the innovative city development
project made with the special autonomous Do governor, or
the head of the city,
Gun, or Gu concerned;
6. Plan for disposition of land, buildings, or structures developed within the
innovative city development project; and
7. Other matters prescribed by Presidential Decree.
The Implementation Plan shall include the class 1 district unit planning made
under Article 52 of the National Land Planning and Utilization Act.
Where intending to approve an Implementation Project or alteration
of the
plan according to the provision of Section 1, the Minister shall hear the opinions
of the Mayor/Do governor concerned and
the head of the city, Gun, or Gu
concerned, and pass deliberations of the Innovative City Committee, provided,
however, that, in
the event that consultations have already been had with the
Mayor/Do governor and the head of the city, Gun, or Gu concerned about
the
Implementation Plan, their opinions shall be considered as having already been
heard.
Where approving an Implementation Plan or altering the plan according to
Section 1, the Minister shall announce said fact in an
official gazette as provided
by Presidential Decree and forward copies of relevant documents to the special
autonomous Do governor,
or the head of the city, Gun, or Gu concerned. Upon
receipt of said relevant documents, the special autonomous Do governor, or the
head of the city, Gun, or Gu concerned shall offer them for public access.
Article 13 (Access to Others' Land, etc.)
Where required for a designation of a district for innovative city
development, or for an investigation or survey for the formulation
of a
Development or Implementation Plan, or for an implementation of an innovative
city development project, the Project Implementer
may have access to, or use,
land owned or occupied by others, as a place for piling up materials or
provisional passage, and/or
where it is particularly necessary, may modify or
remove trees, earth, rocks, and/or other obstacles.
The provisions of Sections
2 through 9, Article 130, Article 131, Subsections
2 and 3, Section 1 and Sections 3 through 6, Article 144 shall apply to cases
of
Section 1. In this case, "the implementer of an urban planning facilities project"
shall be deemed to be the "Project Implementer"
under this Act.
Article 14 (Authorizations/Approvals, etc.)
In giving Ministerial approval for an Implementation Plan or alterations of a
plan under Section 1, Article 12, any matters which
the Minister has consulted
on with the administrative agency concerned regarding the permission,
authorization, designation, approval,
consultation, report, etc., (hereinafter
referred to as "Authorization/Approval, etc."), of the following subsections
pursuant
to the Implementation Plan, according to the provision of Section 3 of
the same Article, shall be construed as having obtained said
Authorization/Approval, etc., and the announcement of the Implementation Plan
according to Section 4, Article 12 shall be construed
as public notification or
notice of Authorization/Approval, etc., under the following laws and
regulations:
1. Decisions on urban management plans under Article 30 of the National Land
Planning and Utilization Act, permissions on development
acts under Article 56
of the same Act, designation of the implementer of an urban planning facilities
project under Article 86
of the same Act, and authorization of the
Implementation Plan under Article 88 of the same Act;
2. Authorization of the Implementation Plan for urban development plan under
Article 17 of the Urban Development Act;
3. Approval of a business plan under Article 16 of the Housing Act;
4. Approval of a building site development plan under Article 8 of the Building
Site Development Promotion Act, and approval of an
Implementation Plan for a
building site development project under Article 9 of the same Act;
5. Permission for occupation and/or the use of public waters under Article 5 of
the Public Waters Management Act, consultation or
approval under Article 6 of
the same Act, and approval or reporting of implementation under Article 8 of the
same Act;
6. License for reclamation under Article 9 of the Public Waters Reclamation Act,
authorization of an Implementation Plan under Article
15 of the same Act,
authorization of alterations of the reclamation purpose under Article 29 of the
same Act, and consultation
or approval under Article 38 of the same Act;
7. Permission of implementation of harbor construction work under Section 2,
Article 9 of the Harbor Act, and approval of an Implementation
Plan under
Section 2, Article 10 of the same Act;
8. Designation of a distribution complex under Article 5 of the Act for the
Promotion of Distribution Complex Development, and approval
of an
Implementation Plan for distribution complex development under Article 11 of
the same Act;
9. Approval of use for purposes other than agricultural infrastructure under
Article 23 of the Rural Communities Readjustment Act,
and approval of a plan
for rural tourism and leisure complex project under Section 2, Article 82 of the
same Act;
10. Designation of the implementer of an industrial complex development
project under Article 16 of the Industrial Sites and Development
Act, and
approval of an Implementation Plan for industrial complex development under
Articles 17 through 19 of the same Act;
11. Approval of a business plan under Article 15 of the Tourism Promotion Act,
designation of a tourist resort and tourist facilities
complex under Article 52 of
the same Act, approval of a plan for construction of a tourist resort and tourist
facilities complex
under Article 54 of the same Act, and permission for the
implementation of a development project under Article 55 of the same Act;
12. Designation of a Jeju investment promotion district under Article 217 of the
Special Act on the Establishment of the Jeju Special
Autonomous Do and the
Development of a Free International City, and approval of the implementation of
a development project under
Article 229 of the same Act;
13. Permission for the use of national properties under Article 30 of the National
Properties Act;
14. Permission for use and profits under Article 20 of the Public Properties and
Goods Management Act;
15. Permission for the reinterment of graves under Article 23 of the Act on
Funerals, etc.;
16. Permission for the diversion of farmland or consultation thereof under
Article 34 of the Farmland Act;
17. Permission for the alteration of the shape and quality of land under Article
21-2 of the Grassland Act and permission, report,
or consultation relating to the
diversion of grassland under Article 23 of the same Act;
18. Consultation with the road management office or approval under Article 5 of
the Road Act, permission for the implementation of
road work under Article 34
of the same Act, and permission for road occupation under Article 38 of the
same Act;
19. Permission for the construction of private roads under Article 4 of the
Private Road Act;
20. Permission for lumbering, etc. under Article 14 of the Erosion Control
Project Act, and cancellation of designation of erosion
control land under Article
20 of the same Act;
21. Permission for the diversion of a mountainous district under Article 14 of the
Mountainous Management Act, report on the diversion
of a mountainous district
under Article 15 of the same Act, permission for quarrying under Article 25 of
the same Act, and permission
for the gathering of earth and sand under Article
32 of the same Act;
22. Permission for, and reporting of, the lumbering of standing trees under
Sections 1 and 4, Article 36 of the Forest Resources
Development and
Management Act, and cancellation of a designation of a forest reserve under
Subsection 1, Section 1, Article 11
of the Forest Protection Act, excluding seed-
gathering forests, genetic resources protected forests, and test forests as
stipulated
in the Forest Resources Development and Management Act;
23. Permission under Article 11 of the Building Act, reporting under Article 14
of the same Act, alteration of permission or reported
details under Article 16 of
the same Act, permission and reporting on temporary structures under Article 20
of the same Act, and
consultation relating to buildings under Article 29 of the
same Act;
24. Approval of the establishment of a factory, etc. under Section 1, Article 13
of the Industrial Cluster Development and Factory
Establishment Act;
25. Registration of opening of large stores under Article 8 of the Distribution
Industry Development Act;
26. Permission for implementation work on a small river under Article 10 of the
Small River Maintenance Act, and permission for occupation
of a small river
under Article 14 of the same Act;
27. Consultation with the managing office or approval under Article 6 of the
River Act, permission for the implementation of work
on a river under Article
30 of the same Act, and permission for the occupation of a river under Article 33
of the same Act;
28. Authorization of a general waterworks project and an industrial waterworks
project under Articles 17 and 49 of the Waterworks
Act, and authorization of the
installation of private waterworks and industrial waterworks under Articles 52
and 54 of the same
Act;
29. Permission for the implementation of public sewage work under Article 13
of the Sewage Act, and permission for the occupation
of public sewage under
Article 20 of the same Act;
30. Report on the commencement, alteration, or completion of a project under
Section 1, Article 86 of the Act on Surveys, Waterway
Investigations, and
Acreage;
31. Consultation relating to the relevance of integrated energy supply under
Article 4 of the Integrated Energy Act;
32. Approval of a project plan under Article 12 of the Sports Facilities
Installation and Utilization Act;
33. Examination of the publication of maps under Section 3, Article 15 of the
Act on Surveys, Waterway Investigations, and Acreage;
34. Approval or reporting on the construction of waste treatment facilities under
Article 29 of the Waste Management Act;
35. Consultation relating to an energy utilization plan under Article 8 of the
Rationalization of Energy Utilization Act;
36. Approval of the installation of excretion treatment facilities under Article 21
of the Act on the Disposal on Sewage, Excrement,
and Livestock Wastewater;
and
37. Permission for the aggregate gathering under Article 22 of the Aggregate
Gathering Act.
Any person who seeks to obtain Authorizations/Approvals, etc. under
Section 1 shall submit relevant documents as prescribed by
laws at the time of
submitting an application of approval of an Implementation Plan or approval of
alterations.
In the event that any matters falling under any of the Subsections of Section
1 are included in the approval of an Implementation
Plan or the approval of
alterations under Section 1, Article 12, the Minister shall engage in consultations
with the head of the
administrative agency concerned in advance.
The head of the administrative agency concerned, upon a request for
consultation under Section 3, shall submit opinions within
30 days of the date
from which he/she has received said request.
Article 15 (Expropriation and Utilization of Land, etc.)
The Project Implementer may expropriate or use, (hereinafter referred
to as
"Expropriation, etc."), land, goods, or rights, (hereinafter referred to as "Land,
etc."), under Article 3 of the Act on
the Acquisition of Land, etc. for Public
Projects and Compensation Thereof, where they are required for the
implementation of an
innovative city development project within a district for
innovative city development.
Implementation of designation and announcement of a district for innovative
city development under Sections 1 and 3, Article 7
shall be construed as
implementation of recognition of a project and announcement thereof under
Section 1, Article 20 and Article
22 of the Act on the Acquisition of Land, etc.
for Public Projects and Compensation Thereof.
An application for a decision on the expropriation and use of Land, etc.
under Section 1 may be made within the implementation
period of the
innovative city development project under Subsection 3, Section 3, Article 11 of
this Act, notwithstanding the provision
of Section 1, Article 23 and Section 1,
Article 28 of the Act on the Acquisition of Land, etc. for Public Projects and
Compensation
Thereof.
The Central Land Expropriation Committee shall have jurisdiction over
decisions on the Expropriation, etc. of Land, etc. under
Section 1.
The Act on the Acquisition of Land, etc. for Public Projects and
Compensation Thereof shall apply to the Expropriation,
etc. of Land, etc. under
Section 1, unless there is special provision relating to the matter outlined in this
Act.
Article 16 (Construction of Infrastructure, etc.)
The provision of Article 55 of the Urban Development Act shall apply to the
construction of electrical, communication, gas, and/or regional heating facilities,
etc.
The state or local government may provide support preferentially to the
construction of infrastructure necessary for the smooth
operation of an
innovative city and relocating public institutions.
Any necessary matters in connection with the objects, scale,
and method for
support under Section 2 shall be provided by Presidential Decree.
Article 17 (Inspection on Completion)
When having completed a part or the whole of an innovative city
development project, the Project Implementer shall accept a Ministerial
inspection on completion without delay as provided by Presidential Decree.
When the Project Implementer has undergone completion inspection under
Section 1, the completion inspection or completion authorization
as required for
Authorization/Approval, etc. under the subsections of Section 1, Article 14 shall
be considered as having been
taken or obtained.
The Mayor of a metropolitan city, special autonomous Do governor, the
head of the city or Gun, (excluding the head of a Gun under
jurisdiction of a
metropolitan city), shall manage the district where an innovative city
development project has been completed
according to the class 1 district unit
plan in the Implementation Plan as announced according to Section 4, Article 12.
Article
18 (Announcement of Work Completion)
When confirming that an innovative city development project has been completed as
specified in the Implementation Plan as a result
of the completion inspection under
Section 1, Article 17, the Minister shall deliver a certificate of completion inspection
and
announce work completion. If the innovative city development project is found not
to have been completed as specified in the Implementation
Plan, the Minister shall
immediately provide the necessary orders, including an order for supplementary works.
Article 19 (Supply of Developed Land, etc.)
For the supply of land, buildings, or structures, (hereinafter referred to as
"Developed Land, etc."), developed through an innovative
city development
project, the Project Implementer shall obtain the approval of the Minister as
provided by Presidential Decree.
The Project Implementer may receive the price for Developed Land, etc.
developed through an innovative city development project
in full or in part from
any persons seeking to obtain or use the land as provided by Presidential Decree.
To obtain prepayments
under Section 1, the Project Implementer shall obtain
the approval of the Minister as provided by Presidential Decree.
Article 21 (Issue of Land Redeemable Bonds)
To pay a part of the price for the land, etc., the Project Implementer may
issue bonds, (hereinafter referred to as "Land Redeemable
Bonds"), that may be
redeemed with land, etc. developed through an innovative city development
project, if the land owner consents
thereto.
To issue Land Redeemable Bonds under Section 1, the Project Implementer
shall make a plan for the issue of Land Redeemable Bonds
and obtain the
approval of the Minister.
In the registration of public facilities and properties under Section 1,
documents proving a cause for a registration may be replaced
with a certificate
of approval of the Implementation Plan and a certificate of completion
inspection.
In the application of the National Land Planning and Utilization Act to
Section 1, the management agency of roads, rivers, sewers,
and properties of a
similar nature of which the management agency is uncertain, shall be the
Minister and the management agency
of other properties shall be the Minister of
Strategy and Finance.
Article 23 (Restrictions on the Disposal of National and Public Land, etc.)
Land owned by the state or the local government within
the district for
innovative city development and necessary for the innovative city development
project shall not be disposed of
for purposes other than the purpose decided by
the development plan.
Properties owned by the state or the local government within the district for
innovative city development and necessary for the
innovative city development
project may be disposed of to the Project Implementer under a private contract,
notwithstanding the
National Properties Act and the Public Properties and
Goods Management Act, provided that the Minister shall have advance
consultation
with the heads of administrative agencies concerned about any
disuse, (only in the case of administrative properties), or disposal
of such
properties.
Upon receipt of a request for consultation under the latter part of Section 2,
the head of the administrative agency concerned
shall take all necessary
measures in connection with the consultation within 30 days of the date of
receipt of said request.
In the selling or leasing of state or public properties within the district for an
innovative city development project, the state
or local government may ease the
conditions, including payments in installments over a long term, in consideration
of conditions
for development as provided by Presidential Decree.
Article 24 (Exception for the Formulation of a Metropolitan Traffic Improvement
Plan)
Notwithstanding the provision of Section 1, Article 7 of the Special Act on
Traffic Control in Metropolitan Cities, the
Project Implementer shall formulate
and submit a metropolitan traffic improvement plan under the same section.
Upon the receipt of the metropolitan traffic improvement plan submitted by
the Project Implementer under Section 1, the Minister
shall hear the opinions of
the Mayor/Do governor about the plan, pass the deliberations of the
Metropolitan Area Traffic Committee
under Article 8 of the Special Act on
Traffic Control in Metropolitan Cities, and make a firm decision about the plan
before the
approval of an Implementation Plan under Article 12 of this Act for
notification to the Mayor/Do governor concerned.
Article 26 (Exception to Support for Education Finance)
The head of the city, Gun, or Gu in the region where an innovative city
is located may
give schools operated according to the provision of Article 61 of the Elementary and
Secondary Education Act support
to purchase the site, the construction of facilities, or
provide a school operating fund.
Article 27 (Employment of Foreign Teachers)
The schools operated according to Article 2 of the Elementary and Secondary Education
Act in an innovative city may employ foreign
teachers necessary for the operation of
curricula under certain contractual terms, including employment qualifications,
employment
period, pay, working conditions, performance and results, for the purposes
of providing foreign language education as provided by
Presidential Decree,
notwithstanding provisions of Article 21 of the Elementary and Secondary Education
Act, Article 6 and Section
1, Article 32 of the Public Educational Officials Act, and
Article 52, Sections 1 and 3, Article 54-4 of the Private School Act.
Article 28 (Offering of Convenience in Entering a School or Changing Schools)
The superintendent of an education office or the
head of an educational district office
shall take all necessary measures for children of employees of a relocating public
institution,
(hereinafter referred to as a "Relocating Employee"), so as not to be
disadvantaged in entering or transferring to an elementary
or middle school in their
relocated district.
Article 29 (Relocation of Relocating Public Institutions to Cities Other than Innovative
Cities)
The relocating public institutions shall, in principle, relocate to innovative cities,
provided, however, that, in the event it
is acknowledged that there is specific character
in a district and a distinctive characteristic of the relocating public institution,
the
Minister may authorize that the relocating public institution relocates to a district other
than an innovative city after hearing
the opinions of the relocating institution and the
Mayor/Do governor of the region to which the relocating institution is relocating,
and
passing the deliberations of the Balanced National Development Committee under
Article 22 of the Special Act on Balanced National
Development.
Chapter 4 Innovative City Committee, etc.
Article 30 (Innovative City Committee)
The Innovative City Committee shall be established in the Ministry of Land,
Transport, and Maritime Affairs to deliberate on policy
and important matters
relating to innovative cities.
1. Matters related to the framework policy and system concerned with
innovative cities;
2. Matters related to the designation, alteration, and cancellation of districts for
innovative city development;
3. Matters related to the basic idea and development plan for innovative cities;
4. Matters related to the Implementation Plan for innovative cities;
5. Matters related to the alteration of specific use areas of land within districts
designated for innovative city development;
6. Matters related to the invitation of located institutions, including schools,
research institutes, and businesses, to the innovative
cities and government
support to increase cooperation among such said institutions;
7. Matters the Innovative Cities Management Committee requests cooperation
with of the government; and
8. Other matters referred to in deliberations in connection with innovative cities
by the Minister.
The Innovative City Committee shall consists of two (2) chairpersons and
members number from twenty (20) to thirty (30).
Members of the Innovative City Committee shall fall under one of the
following subsections: 1. Nongovernmental members: Persons with professional knowledge and
experience in the area of innovative cities and who have been
appointed by the
Minister;
2. Governmental committee: Minister of Land, Transport, and Maritime Affairs,
vice-ministers or administrators of central administrative
agencies concerned
and appointed by the President, and the vice-Mayor or vice-governor of a
metropolitan city or Do.
The chairpersons shall consist of the Minister and a nongovernmental
member under Subsection 1, Section 4 and appointed by the
Minister.
Other matters necessary for the organization and operation of the Innovative
City Committee shall be provided by Presidential Decree.
Article 31 (Innovative City Management Committee)
An Innovative City Management Committee shall be established in a
metropolitan
city or Do for the efficient management of innovative cities and
support of regional development and the creation of innovative
conditions. In
the event that two or more metropolitan cities and/or Do's jointly construct an
innovative city, (hereinafter referred
to as a "Joint Innovative City"), a joint
Innovative City Management Committee shall be established.
The Innovative City Management
Committee shall deliberate on matters of
the following subsections:
1. Matters related to the specialized and special functions of the innovative city;
2. Matters related to the cooperation of the innovative city with industrial fields,
academic fields, research institutes, administrative
agencies, etc.;
3. Matters related to the invitation of industries, such as the knowledge industry
and information industry, to the innovative city;
4. Matters related to the invitation of universities and research institutes in
connection with the specialized industry of the region;
5. Matters requiring cooperation of the government; and
6. Other matters that the chairperson deems necessary for the development of the
innovative city.
The Innovative City Management Committee shall consist of members not
exceeding twenty (20), including two (2) chairpersons. In
the event that two or
more metropolitan cities and/or Dos in which a Joint Innovative City will be
constructed establish an Innovative
City Management Committee, the number of
members for the Innovative City Management Committee shall not exceed thirty
(30).
Members of the Innovative City Management Committee shall be entrusted
or appointed by the Mayor/Do governor among Mayor/Do governors,
officials
concerned of the Ministry of Land, Transport, and Maritime Affairs, and local
government, urban planning experts, persons
belonging to relocating public
institutions, institutes, universities, research institutes, and economic
organizations.
The chairpersons shall be entrusted by the Mayor/Do governor among
Mayor/Do governors and civil members.
Other matters necessary for the organization and operation of an Innovative
City Management Committee shall be provided by Presidential
Decree.
Article 32 (Organization of Public Institution Relocation Office)
The public institution relocation office (hereinafter
referred to as the
"Relocation Office") may be organized in the Ministry of Land, Transport, and
Maritime Affairs for the effective
promotion of the relocation of public
institutions and innovative city development.
Where it is necessary for the smooth performance of duties of the Relocation
Office, the Minister may request heads of the central
administrative agencies
concerned, local government, research institutes concerned with the innovative
city, and the Project Implementer
to dispatch their officers or employees.
Chapter 5 Special Account for Innovative City Construction
Article 33 (Establishment, Control, and Operation of a Special Account
for Innovative
City Construction)
A special account for innovative city construction, (hereinafter referred to as
the "Account"), shall be established to provide
financial support to projects
concerned with the relocation of public institutions to local cities and the
construction of innovative
cities.
The Account shall be controlled and operated by the Minister.
The annual expenditure budget of the Account may be divided by
organizations of central agencies.
Article 34 (Annual Revenue and Expenditure of the Account)
The annual revenue of the Account shall be as outlined in the following
subsections:
1. Price of sale and rent of the previous state properties and other profits
generated from the properties, and received lease deposit
money of the
relocating public institutions that are state administrative institutions;
2. Transferred money from the general account or other special accounts;
3. Public capital management funds established according to the Public Capital
Management Fund Act or transferred and advanced payments
for customers
from other funds;
4. Borrowings under Article 36;
5. Transfers of profits under Section 4, Article 44; and
6. Other income.
The annual expenditure budget of the Account shall be as outlined in the
following subsections:
1. Support for relocation expenses, including construction costs of a new office,
of the relocating public institutions;
2. Costs for innovative city construction, including support for the construction
of infrastructure for an innovative city;
3. Repayment of principal and interest for advances for customers under
Subsection 3, Section 1;
4. Repayment of principal and interest for borrowings under Subsection 4,
Section 1;
5. Making up for losses under Subsection 4, Article 44;
6. Costs for investigations and research on the construction and institutional
development of innovative cities;
7. Loans for relocation costs of a relocating public institution and funds
necessary for project implementation of the Project Implementer
under Section 1,
Article 10; and
8. Other expenditure of items prescribed by Presidential Decree in connection
with the relocation of public institutions and the
construction of innovative cities.
Article 35 (Transfer from General Account, other Special Accounts, etc.)
The Account may receive
transfers from the general account, other special accounts, or
funds to secure financial resources for expenditure as provided by
the budget.
Article 36 (Borrowings)
When the Account is short of financial resources for its annual expenditure,
long-term borrowings may be made for the Account within
an amount
determined by the National Assembly.
In the event that the Account is short of funds for expenditure temporarily, it
may borrow money temporarily.
The principal of the temporary debt under Section 2 shall be refunded within
the fiscal year.
Article 37 (Reserve Fund)
The Account may appropriate some money from a reserve fund to make up for any
unexpected expenditure outside of the budget, or expenditure
exceeding the estimates in
the annual expenditure budget.
Article 38 (Carrying Forward of Annual Expenditure Budget)
The estimated expenditure of the Account not expended before the end
of the fiscal year
may be carried forward and used in the following year, notwithstanding the provision of
Article 48 of the State
Finance Act.
Article 39 (Disposition of Surplus)
Surplus from annual revenues and expenditure of each fiscal year shall be brought into
the annual revenue of the next fiscal year.
Article 40 (Management Transfer, etc. of Properties)
Office buildings and sites developed or acquired under the Account may,
notwithstanding the provision of Article 17 of the State
Properties Act, be
gratuitously changed or transferred to the general account or special account
which the state agency uses to
manage and operate properties.
Chapter 6 Use of Existing Real Estate
Article 41 (Restrictions on the Enlargement or Rebuilding of Existing Buildings)
Relocating public institutions shall not construct
new buildings or enlarge or rebuild
existing buildings other than for simple maintenance and repair, and shall not enlarge
lease
areas, provided, however, that, in the event that the enlargement or rebuilding of
an existing building or the enlargement of a
lease area is inevitable, the relocating
institution may make the enlargement etc. of the building after having consultations
with
the head of the administrative agency concerned, and shall hear the opinions of the
Minister in advance.
Article 42 (Investigation of the Actual Conditions of Existing Real Estate)
The Minister may investigate the actual conditions
of existing real estate
with a view to understanding the conditions of ownership, scale, characteristics,
conditions of neighborhoods,
and the possibility of their sale or use.
Relocating public institutions shall provide earnest assistance in the
investigation on the actual conditions under Section 1 and
accept requests for the
submission of data in connection with said investigations, unless there is a
special reason not to do so.
Article 43 (Formulation of a Plan for the Disposal of Existing Real Estate)
The head of a relocating public institution shall formulate
a plan for the
disposal of existing real estate, including matters of the following subsections, in
consideration of financing
costs for relocation under Subsection 3, Section 1,
Article 4 and the balanced development of the nation:
1. Time and method of sale of existing real estate; and
2. Detailed reasons and ideas for utilization in case a part or the whole of
existing real estate may not be sold.
With reference to a plan for the disposal of existing real estate made
according to Section 1, the head of the relocating institution
shall submit the
plan to the Minister within three (3) months of the date of approval of the
relocation plan under Section 4, Article
4, after having a consultation with the
head of the administrative agency concerned about the plan. The Minister may
request the
revision or supplementation of the submitted plan for the disposal of
existing real estate, where necessary, after hearing the opinions
of the Mayor of
the metropolitan city or the Do governor, and the head of the city, Gun, or Gu
that has jurisdiction over the location
of the existing real estate and after having
consultations with the head of the administrative agency concerned, and the head
of
the relocating institution shall accept the request unless he/she has a special
reason not to do so.
If the existing real estate is not sold within the period specified in the plan
for the disposal of existing real estate under
Section 1 or the relocating
institution seeks it, the Minister may have the local government or government-
owned institutions,
(hereinafter referred to in this article as "government-owned
institutions"), as prescribed by Presidential Decree, purchase the
existing real
estate. In that case, the buying price shall be the arithmetical average of the
amounts assessed by two or more appraisers
under the Public Notice of Values
and Appraisal of Real Estate Act.
The Minister shall formulate a plan for use of the existing real estate bought
by the government-owned institutions according to
Section 3 after hearing the
opinions of the Mayor of the metropolitan city or Do governor, and the head of
the city, Gun, or Gu
that has jurisdiction over the location of said existing real
estate, and passing the deliberations of the Seoul Metropolitan Area
Readjustment Committee under Article 21 of the Seoul Metropolitan Area
Readjustment Planning Act.
The government-owned institution that buys existing real estate according to
the provision of Section 3, Article 43 may issue bonds
for financing the
purchase as provided by Presidential Decree.
Profit or loss of the government-owned institution accruing from the
purchase of existing real estate may be transferred to, or
compensated by, the
Account.
Chapter 7 Support for Relocating Public Institutions, etc.
Article 45 (Support for Relocating Public Institutions, etc.)
The state
or local government may support or finance relocating institutions
with part of relocating expenses, including funds for new office
building
construction, etc.
The state, local government, or the implementer of a residential land
development project, (here, referred to as the implementer
of a public residential
land development project under Section 5, Article 2 of the Housing Act
according to this Act or other laws
and regulations. Hereinafter in this Article
referred to as the "Implementer"), may preferentially supply public residential
land
to relocating public institutions when said institutions intend to construct
housing for their relocating employees and finance
part of the construction from
the national housing fund, (hereinafter referred to as the "National Housing
Fund"), under Article
60 of the Housing Act, if the institutions intend to
construct dormitory residences for their relocating employees.
The state, local government, or the Implementer may construct buildings for
relocating institutions and sell or lease them.
The state or local government may provide support for relocating institutions
for a certain period as provided by Presidential
Decree, if the income of the
institution fall significantly as a result of the relocation.
Article 46 (Reduction or Exemption of
Rent of National or Public Properties, etc.)
The state and local government may reduce or exempt rent of national and/or
public
properties for the Project Implementer and relocating public institutions
and/or other relocating public institutions as prescribed
by Presidential Decree,
where necessary, as provided by Presidential Decree, notwithstanding the
provisions of the National Properties
Act, the Public Properties and Goods
Management Act, and other laws and regulations.
In the event of having obtained permission for the use of national land or
permission for the use of, and profit from, public land
inside a district for
innovative city development, or having borrowed public land inside the district
for innovative city development,
the Project Implementer and relocating public
institutions may construct permanent structures on the permitted or borrowed
land
on the condition that they would buy or restore the land to the original state
or donate the constructed structures.
Funds for buying housing or for deposit money for the lease of a house may
be loaned to relocating employees of a relocating public
institution from the
National Housing Fund.
Article 47-2 (Development and Implementation of a Support Plan for Residents in
Districts for Innovative City Development)
The Mayor/Do governor and the head of the city, Gun, or Gu concerned, or the Project
Implementer shall develop and implement a plan
for support for resettling residents in
districts for innovative city development who lose their means of living due to an
innovative
city development project, including training for job conversion and support
for income creation businesses, as provided by Presidential
Decree.
Article 48 (Reduction, Exemption, etc. of Taxes and Charges)
Where it is necessary to support the relocation of public institutions
to local
cities and the construction of innovative cities, the state and local government
may reduce or exempt national and local
taxes as provided by the Restriction of
Special Taxation Act and the Local Tax Act and other Acts concerned.
Where it is necessary
to support the relocation of public institutions to local
cities and the construction of innovative cities, the state and local
government
may reduce or exempt development charges, farmland preservation charges,
substitution grassland development charges,
substitution forest resources
development charges, ecosystem conservation cooperation charges, traffic
inducement charges, metropolitan
traffic facilities charges, charges for damage
to areas of restricted development, and infrastructure charges as provided by the
Restitution of Development Gains Act, the Farmland Act, the Grassland Act, the
Mountainous District Management Act, the Natural
Environment Conservation
Act, the Urban Traffic Improvement Promotion Act, the Special Act on Traffic
Management of Metropolitan
Areas, the Act on Special Measures for
Designation and Management of Areas of Restricted Development, and the
Infrastructure Charges
Act.
Article 49 (Sharing Results from the Development and Operation of Innovative Cities)
The state and local government shall strive
to share the results from
innovative cities to other local governments where innovative cities have yet to
be constructed for the
balanced development of all regions.
A city, Gun, or Gu, (refers only to autonomous Gu. The same applies
hereinafter.), wherein
innovative cities have been constructed may transfer the
whole or any part of local taxes paid by relocating public institutions
to the
metropolitan city or Do to which they belong, so that the taxes may be used for
the development of other cities, Guns, or
Gus.
Metropolitan cities/Do's where innovative cities are constructed may
establish and operate funds for the development of cities,
Guns, or Gus under
their jurisdiction using the local taxes transferred according to Section 2 and
their financial resource contributions.
For a joint innovative city, the metropolitan cities/Dos concerned may jointly
establish and operate the fund mentioned under Section
3.
Chapter 8 Supplementary Provisions
Article 50 (Measures for the Stabilization of Real Estate Prices and the Prevention of
Reckless Development)
The Minister, Mayors/Do governors, heads of cities, Guns, and Gus shall
take any measures necessary for the stabilization of prices
of real estate in
districts for innovative cities and their neighboring districts.
Mayors/Do governors, heads of cities, Guns, and Gus shall request the head
of the central administrative agency, or the Mayor/Do
governor concerned for
measures outlined in the following subsections for districts over which
speculation in real estate or speedy
rises of prices of real estate is a concern due
to planning for the designation of a district for innovative city development:
1. Designation of a district under Article 104-2 of the Income Tax Act;
2. Designation of a district of speculation and excessive investment in real estate
under Article 41 of the Housing Act;
3. Designation of a district where permission is required for land transaction
contracts under Article 117 of the National Land Planning
and Utilization Act;
and
4. Other measures necessary for the stabilization of prices of real estate.
The Minister, Mayors/Do governors, heads of cities,
and Guns, (excluding
heads of Guns that are under the jurisdiction of metropolitan cities), shall take
any measures necessary for
the prevention of reckless development in districts
for innovative cities and their neighboring districts, including restrictions
on
building permissions under Article 18 of the Housing Act, or restrictions on
development under Article 63 of the National Land
Planning and Utilization Act.
Article 51 (Double Designation etc. of Districts for Development Projects according to
Other Laws and Regulations)
The Minister may designate a district as a district for innovative city
development doubly in addition to a district, (hereinafter
in this article referred
to as a "former project district"), for a development project according to other
laws and regulations,
including districts for housing land development under the
Building Site Development Promotion Act.
In the event that the Minister has designated a district for innovative city
development in a former project district and the Project
Implementer requests
the Minister for a cancellation of the former project designation, or an alteration
of the development plan
or the Implementation Plan, where the former project is
deemed to fall under all of the following subsections, the Minister may
request
the designator of the former project district for a cancellation of the designation,
or the authorizer of the development
plan or Implementation Plan for an
alteration of such said plan after passing the deliberations of the Innovative City
Committee:
1. In the event that the project in the former project district causes a serious
impediment to the implementation of an innovative
city development project;
and
2. In the event that the implementation of an innovative city development project
contributes significantly to public benefits compared
to project implementation
in the former project district.
Upon receipt of a request under Section 3, the designator shall cancel the
designation of the former project district or revise
the development or
implementation plan, announce said fact in an official gazette or official
newspaper, and notify the Minister
of said fact.
Where it is necessary for the implementation of an innovative city
development project, the Project Implementer may request the
head of the
registration office or other administrative agency concerned for the allowing of
free reading or duplication of necessary
documents, or the delivery of transcripts
or excerpts of such said documents.
A person who has been requested for a submission of data under Section 1
shall accept said request, unless there is a justifiable
reason not to do so.
Article 53 (Request for Submission of Data)
The Project Implementer may request the head of the administrative agency
or person concerned for the submission of any data deemed
necessary for the
implementation of an innovative city development project.
The person who has been requested for the submission
of data under Section
1 shall accept the request, unless there is a justifiable reason not to do so.
Article 54 (Report, Inspection,
etc.)
Where it is deemed necessary for the implementation of an innovative city
development project, the Minister may order the Project
Implementer to make
necessary reports or submit data and have its official inspect all matters related
to the innovative city development
project.
Article 55 (Administrative Disposal of the Offender of an Act, etc.)
The Minister may take administrative measures, including the
cancellation
of designations, or approvals, etc. under this Act, suspension of works, orders
for rebuilding, or relocation of buildings
or obstacles, or other necessary
disposals or measures, on persons falling under any of the following
subsections:
1. Persons falling under any of the following:
a. In the event that conditions imposed at the time of applying a designation or
approval under Articles 10 through 12 have not been met or the innovative city
development project has not been implemented as specified
in the development
plan or the Implementation Plan;
b. In the event that an inspection on completion has not been taken in violation
of the provision of Section 1, Article 17;
c. In the event that developed land, etc. has been supplied in violation of the
provision of Article 19;
d. In the event that a prepayment has been received in violation of the provision
of Article 20;
e. In the event that a Land Redeemable Bond has been issued in violation of the
provision of Article 21;
f. In the event that a notification under Section 5, Article 65 of the National
Land Planning and Utilization Act that applies mutatis
mutandis according to the
provision of Section 1, Article 22 has not been conducted;
g. In the event that conditions imposed at
the time of the disposal of national and
public properties under Section 2, Article 23 have not been met; or
h. In the event that
reports under Section 1, Article 54 have not been made, or
where false reports have been made, or inspections have been refused,
impeded,
or evaded.
2. Persons who obtained designation, approval, authorization, or permission
under this Act by false or any other unlawful means;
or
3. Where a Project Implementer who has failed to perform an agreement made
according to the provision of Subsection 5, Section 1,
Article 12 within the
agreed period or who is deemed to have no intention of performing said
agreement for certain reasons.
The Mayor/Do governor, or the head of the city, Gun, or Gu may propose the
Minister to take any disposal or measures on any person
falling under any of the
subsections of Section 1.
The Minister shall hold a hearing in the event of intending to cancel a designation or
approval under this Act according to the
provision of Article 55.
Article 57 (Commission or Entrustment of Powers)
The Minister may commit part of his/her powers under this Act to the
Mayor/Do governor as provided by Presidential Decree.
The Minister may entrust the service of investigation on actual conditions
under Article 42 to government-owned institutions prescribed
by Presidential
Decree as provided by Presidential Decree.
Article 58 (Punishments)
Persons falling under any of the following subsections shall be sentenced to
imprisonment not exceeding three (3) years or a fine
not exceeding fifty (50) million
won:
1. Any person who has committed an act under Section 1, Article 9 without
obtaining permission in violation of the section; or
2. Any person who has obtained permission under Section 1, Article 9 by false
or any other unlawful means.
Article 59 (Joint Penal Provision)
In the event a representative of a corporation or an agent or employee of a corporation
or individual commits an offense as prescribed
in the provision of Article 58 in
connection with the business of the corporation or the individual, the corporation or the
individual
shall also be sentenced to a fine as prescribed in the Article in addition to the
punishment of the offender.
Addenda (Act on the Survey, Waterway Investigation, and Acreage)
Article 1 (Date of Enforcement)
This Act shall enter into enforcement six (6) months after the date of its promulgation.
Articles 2 to 17 Omitted.
Article 18 (Amendments of Other Laws and Regulations)
through Omitted.
Part of the Special Act on the Construction and Support of Innovative City
Acceptance of Public Institutes Relocating to Local
Cities shall be amended as
follows:
"Provision of Article 27 of the Cadastral Act" in Subsection 30, Section 1,
Article 14 is amended to "Section 1, Article 86 of the
Act on the Survey,
Waterway Investigation, and Acreage", and Subsection 33 of the same Section is
amended as follows:
33. Examination of the publication of maps under Section 3, Article 15 of the
Act on the Survey, Waterway Investigation, and Acreage
through <44> Omitted.
Article 19 Omitted
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