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Selected Statutes of the Republic of Korea |
제32편 도시․주택․건축․건설업 유비쿼터스도시의 건설 등에 관한 법률
ACT ON THE CONSTRUCTION, ETC. OF UBIQUITOUS CITIES
Act No. 9052, Mar. 28, 2008
Amended by Act No. 9174, Dec. 26, 2008
Act No. 9705, May 22, 2009
Act No. 9758, Jun. 9, 2009
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to the improvement of the quality of life of citizens and balanced national growth by providing
for matters concerning the efficient construction and management of ubiquitous cities
to improve the competitiveness of cities and facilitate sustainable development.
Article 2 (Definitions)
For the purposes of this Act: <Amended by Act No. 9705, May 22, 2009>
1. The term "ubiquitous city" means a city that provides ubiquitous urban services at any time in any place through
the ubiquitous city
infrastructure constructed by utilizing ubiquitous city technologies to enhance the competitiveness of the city and the qualify of
life therein;
2. The term "ubiquitous city service" means a service prescribed by
Presidential Decree as one that provides information, separately or in combination, about the main functions of a city,
such as
administration, transportation, welfare, environment, and prevention
and management of disasters, which has been collected through the ubiquitous city infrastructure;
3. The term "ubiquitous city infrastructure" means any of the following
facilities:
(a) Infrastructure under subparagraph 6 of Article 2 of the National
Land Planning and Utilization Act or a public facility under
subparagraph 13 of the aforesaid Article in which artificially intelligent facilities are installed by applying converging
technologies
of construction, and information and communications;
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ACT ON THE CONSTRUCTION, ETC. OF UBIQUITOUS CITIES
(b) The high-speed information and communications network under
subparagraph 13 of Article 3 of the Framework Act on National
Informatization, the integrated broadband information and
communication network under subparagraph 14 of the aforesaid
Article, or any other information and communications network specified by Presidential Decree;
(c) A facility specified by Presidential Decree as one for the management and operation of a ubiquitous city, such as the integrated
operation
center of a ubiquitous city for providing ubiquitous city services;
4. The term "ubiquitous city technologies" means the converging technologies of construction and information
and communications and
the information and communications technologies for the construction
of ubiquitous city infrastructure and the provision of ubiquitous city services;
5. The term "converging technologies for construction and information
and communications" means technologies defined by Presidential Decree as technologies in which construction technology is
converged with
technologies of electronics, control, telecommunications, etc. in order
to make artificially intelligent the infrastructure under subparagraph
6 of Article 2 of the National Land Planning and Utilization Act or a public facility under subparagraph 13 of the aforesaid
Article;
6. The term "ubiquitous city construction project" means a project for the installation, improvement, or amelioration
of ubiquitous city
infrastructure for providing ubiquitous city services in accordance with
the ubiquitous city plan under Article 8.
Article 3 (Projects Subject to Application)
This Act shall apply to the projects that meet or exceed the scale prescribed by Presidential Decree among the following projects:
1. Housing site development projects under the Housing Site Development
Promotion Act;
2. Urban development projects under the Urban Development Act;
3. Innovation city development projects under the Special Act on the
Construction and Support of Innovation Cities Following Relocation
of Public Agencies;
4. Enterprise city development projects under the Special Act on the
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제32편 도시․주택․건축․건설업 유비쿼터스도시의 건설 등에 관한 법률
Development of Enterprise Cities;
5. The multifunctional administrative city development project under the
Special Act on the Construction of Multifunctional Administrative City
in Yeongi-Gongju Area for Follow-up Measures for New Administrative
Capital;
6. Other projects specified by Presidential Decree from among urban
development projects under other relevant Acts and subordinate statutes and projects implemented by the Special Metropolitan
City
or any Metropolitan City, or any Si/Gunfor improvement or amelioration
of cities.
CHAPTER Ⅱ ESTABLISHMENT OF COMPREHENSIVE PLAN FOR UBIQUITOUS CITIES
Article 4 (Establishment of Comprehensive Plan for Ubiquitous Cities) (1) The Minister of Land, Transport and Maritime Affairs shall establish a comprehensive plan for ubiquitous cities (hereinafter referred to as the "comprehensive plan"), including the following matters therein, every five years for the efficient construction and management, and other works for, ubiquitous cities (hereinafter referred to as "construction, etc. of ubiquitous cities"):
1. Matters concerning the analysis of the current status and conditions for the realization of ubiquitous cities;
2. Matters concerning the principles and basic direction of ubiquitous cities;
3. Matters concerning the strategy for the advancement by phase for the realization of ubiquitous cities;
4. Matters concerning the rearrangement of related Acts and systems
for the construction, etc. of ubiquitous cities;
5. Matters concerning the system for advancement of ubiquitous city development projects;
6. Matters concerning the allocation of roles between the State and local governments and to each central administrative agency;
7. Matters concerning the construction, management, and operation of
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ACT ON THE CONSTRUCTION, ETC. OF UBIQUITOUS CITIES
ubiquitous city infrastructure and the preparation of standards related
thereto;
8. Matters concerning the standards of ubiquitous city technologies;
9. Matters concerning the protection of personal information and the protection of ubiquitous city infrastructure;
10. Matters concerning the procurement and operation of financial resources
necessary for the construction, etc. of ubiquitous cities;
11. Other matters specified by Presidential Decree as necessary for the construction, etc. of ubiquitous cities.
(2) The Minister of Land, Transport and Maritime Affairs may, when he/she intends to establish a comprehensive plan, request the head
of each central
administrative agency to present a proposed plan for the policies and projects
that shall be reflected in the comprehensive plan, as prescribed by
Presidential Decree. In such cases, the head of each central administrative agency shall comply with such request, unless he/she has
any special ground
to the contrary.
(3) The Minister of Land, Transport and Maritime Affairs shall give consideration to the proposed plans presented pursuant to paragraph
(2)
in preparing a draft comprehensive plan for ubiquitous cities (hereinafter referred to as "draft comprehensive plan"). In
such cases, sectional plans
for the administrative affairs and national informatization by region, which
are included in the basic plan for the national informatization established pursuant to Article 6 of the Framework Act on National
Informatization,
shall be given consideration with regard to matters concerning ubiquitous
city services but shall be reflected in the comprehensive plan, taking into account the consistency of, and the systematic conformity
with, the relevant
comprehensive plan. <Amended by Act No. 9705, May 22, 2009>
(4) The comprehensive plan shall conform to the comprehensive national land plan under the Framework Act on the National Land.
Article 5 (Holding Hearings)
(1) The Minister of Land, Transport and Maritime Affairs shall, when he/she completes the preparation of a draft comprehensive plan,
hold a hearing to hear opinions of appropriate experts and shall reflect opinions
presented at the hearing in the draft comprehensive plan, if such opinions
are deemed reasonable.
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제32편 도시․주택․건축․건설업 유비쿼터스도시의 건설 등에 관한 법률
(2) Matters necessary for holding hearings pursuant to paragraph (1) shall
be prescribed by Presidential Decree.
Article 6 (Finalization of Comprehensive Plan)
(1) The Minister of Land, Transport and Maritime Affairs shall finalize each draft comprehensive plan in which the results of a hearing
under Article 5 are reflected after consultation with the heads of appropriate
central administrative agencies and deliberation by the Committee for
Ubiquitous Cities under Article 23.
(2) The Minister of Land, Transport and Maritime Affairs shall, once a comprehensive plan is finalized pursuant to paragraph (1),
publicly notify
the main details thereof through the Official Gazette without delay and shall dispatch such comprehensive plan to the head of each
appropriate
central administrative agency, the Special Metropolitan City Mayor, each
Metropolitan City Mayor, each Do Governor, and the Governor of each
Special Self-Governing Province (hereinafter referred to as "Mayor/Do
Governor") and the head of each Si/Gun(excluding the head of any Gun
within the jurisdiction of a Metropolitan City; the same shall apply
hereinafter) respectively.
Article 7 (Revisions to Comprehensive Plan)
Articles 4 (2) through (4), 5, and 6 shall apply mutatismutandisto revisions
to the comprehensive plan: Provided, That the foregoing sentence shall
not apply to a modification to any insignificant matter specified by
Presidential Decree.
Article 8 (Establishment of Ubiquitous City Plans)
(1) The Special Metropolitan City Mayor, each Metropolitan City Mayor, or the head of each Si/Gun(hereinafter referred to as "the head of Si/Gun") may establish a ubiquitous city plan, including the following matters therein, for his/her jurisdiction: Provided, That the ubiquitous city plan shall be
established before the implementation of a ubiquitous city construction project, if he/she intends to implement such project:
1. Matters concerning the analysis of the characteristics, current status, and conditions of each locality;
2. Matters concerning the basic direction of the construction of the
ubiquitous city, the goals of the plan, and the strategy for advancement, taking local characteristics into account;
3. Matters concerning the advancement of ubiquitous city construction
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ACT ON THE CONSTRUCTION, ETC. OF UBIQUITOUS CITIES
projects by phase;
4. Matters concerning the system for advancement of the ubiquitous city construction project;
5. Matters concerning the allocation of roles and cooperation between appropriate administrative agencies;
6. Matters concerning the construction, and management and operation
of ubiquitous city infrastructure;
7. Matters concerning ubiquitous city services, taking local characteristics into account;
8. Matters concerning the procurement and operation of financial resources necessary for the construction, etc. of ubiquitous
cities;
9. Other matters specified by Presidential Decree as necessary for the
construction, etc. of ubiquitous cities.
(2) Notwithstanding the proviso to paragraph (1), the head of Si/Gun
having jurisdiction over the area of a ubiquitous city construction project
may omit the establishment of a ubiquitous city plan, subject to approval of the Minister of Land, Transport and Maritime Affairs
as prescribed
by Presidential Decree, if the details of the ubiquitous city plan under
any subparagraph of paragraph (1) are reflected in the basic urban plan established pursuant to the National Land Planning and Utilization
Act.
(3) Notwithstanding paragraph (1), the head of Si/Gunmay, if deemed
necessary in light of local conditions, establish a ubiquitous city plan,
including all or part of the jurisdiction of the Special Metropolitan City, any Metropolitan City, or any Si/Gun (excluding any Gun within the
jurisdiction of any Metropolitan City) adjacent to his/her jurisdiction. In such cases, the head of Si/Gunshall consult in advance with the competent head of Si/Gun.
(4) Each ubiquitous city plan shall reflect the details of the relevant comprehensive plan, and shall be harmonized with the basic
urban plan under the National Land Planning and Utilization Act.
(5) The Minister of Land, Transport and Maritime Affairs may establish a committee to have a committee for assisting in the establishment
of ubiquitous city plans under paragraph (1) and carry out surveys and research on the ubiquitous city plans as prescribed by
Presidential Decree.
(6) The head of each Si/Gunmay, when he/she prepares the ubiquitous
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제32편 도시․주택․건축․건설업 유비쿼터스도시의 건설 등에 관한 법률
city plan under paragraph (1), request the committee under paragraph
(5) to provide advice thereon.
Article 9 (Holding Public Hearings for Establishment of Ubiquitous City
Plan)
The head of each Si/Gun may hold a public hearing, if necessary for
establishing a ubiquitous city plan, and Article 5 shall apply mutatis
mutandis to the holding of public hearings.
Article 10 (Approval of Ubiquitous City Plans)
(1) The head of each Si/Gun shall, when he/she prepares a ubiquitous
city plan pursuant to Article 8, consult in advance with the heads of
appropriate administrative agencies and then obtain approval of the
Minister of Land, Transport and Maritime Affairs therefor.
(2) The head of each Si/Gunshall, upon obtaining approval under paragraph
(1), publicly notify the details thereof through the official bulletin without delay.
Article 11 (Revision to Ubiquitous City Plans)
Articles 8 (3), (4) and (6), 9, and 10 shall apply mutatismutandis to
the revision to a ubiquitous city plan: Provided, That the foregoing sentence
shall not apply to a modification to any insignificant matter specified by
Presidential Decree.
CHAPTER Ⅲ IMPLEMENTATION OF UBIQUITOUS CITY CONSTRUCTION PROJECTS
Article 12 (Project Implementer)
(1) Any of the following persons may implement a ubiquitous city construction project: Provided, That a person falling under any provision
of subparagraphs 2 through 5 may implement a ubiquitous city construction project after being designated by the person who has the
approval authority for project plans under Article 13 (2) as the implementer of the ubiquitous city construction project, as prescribed
by Presidential Decree:
1. The State or a local government;
2. The Korea National Housing Corporation under the Korea National
Housing Corporation Act, the Korea Land Corporation under the Korea
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ACT ON THE CONSTRUCTION, ETC. OF UBIQUITOUS CITIES
Land Corporation Act, or any other public institution specified by
Presidential Decree from among the public institutions under the Act on the Management of Public Institutions;
3. A local government-invested public corporation established pursuant to the Local Public Enterprises Act;
4. A project implementer under Article 86 of the National Land Planning
and Utilization Act, Article 11 of the Urban Development Act, Article
7 of the Housing Site Development Promotion Act, Article 8 of the
Act on the Maintenance and Improvement of Urban Areas and Dwelling
Conditions for Residents, Article 10 of the Special Act on the
Development of Enterprise Cities, Article 15 of the Special Act on the
Promotion of Urban Area Readjustment, or any other Act specified
by Presidential Decree;
5. A project implementer under the Act on Private Participation in
Infrastructure.
(2) The State or any local government may implement a ubiquitous city construction project jointly with a person falling under any
provision of
paragraph (1) 2 through 5.
Article 13 (Plans for Ubiquitous City Construction Projects)
(1) The implementer of a ubiquitous city construction project under Article
12 (hereinafter referred to as "project implementer") shall establish a plan for ubiquitous city construction project (hereinafter
referred to as "project
plan"), stating the following matters therein, in accordance with the relevant ubiquitous city plan:
1. The name and scope of the project;
2. Objectives and the basic direction of the project;
3. The project implementer;
4. The implementation period of the project;
5. The implementation method of the project;
6. The annual investment plan and the plan for procurement of financial resources (including a plan for allocation of cost);
7. Matters concerning the construction, and management and operation of ubiquitous city infrastructure;
8. Matters concerning the provision of ubiquitous city services;
9. Matters concerning ubiquitous city technologies;
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제32편 도시․주택․건축․건설업 유비쿼터스도시의 건설 등에 관한 법률
10. Other matters specified by Presidential Decree as necessary for the
construction of ubiquitous cities.
(2) Any project implementer, other than the State or a local government,
shall obtain approval of the competent head of Si/Gun (referring to the
competent DoGovernor, if the project area stretches over the jurisdictions
of two or more Sis/Guns within the jurisdiction of the same Do, or the
Minister of Land, Transport and Maritime Affairs, if the project area
stretches over the jurisdictions of two or more of the Special Metropolitan
City, Metropolitan Cities, and/or Dos; hereafter referred to as "approval
agency of project plans" in this Article) for the relevant project plan, when
it establishes the project plan pursuant to paragraph (1).
(3) The Minister of Land, Transport and Maritime Affairs (referring to
cases where the State is a project implementer) or the head of a local government shall, when he/she establishes a project
plan pursuant to
paragraph (1) or the approval agency of project plans approves a project
plan pursuant to paragraph (2), consult in advance with the heads of appropriate central administrative agencies with regard
thereto.
(4) The Minister of Land, Transport and Maritime Affairs (referring to
cases where the State is a project implementer) or the head of a local government shall, when he/she establishes a project
plan pursuant to
paragraph (1) or the approval agency of project plans approves a project
plan pursuant to paragraph (2), publicly notify the establishment or approval of the project plan through the Official Gazette
or the relevant
official bulletin, and the Minister of Land, Transport and Maritime Affairs
or any DoGovernor who approves a project plan shall dispatch relevant
documents to the head of Si/Gun having jurisdiction over the relevant
project area.
(5) Paragraphs (2) through (4) shall apply mutatismutandisto the revision
of a project plan: Provided, That the foregoing sentence shall not apply
to a modification to any insignificant matter specified by Presidential Decree.
Article 14 (Implementation Plans for Ubiquitous City Construction
Projects)
(1) Each project implementer shall establish an implementation plan for the relevant ubiquitous city construction project (hereinafter
referred to
as "implementation plan"), including the following matters therein:
1. Matters under Article 13 (1) 1 through 9;
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ACT ON THE CONSTRUCTION, ETC. OF UBIQUITOUS CITIES
2. Other matters specified by Presidential Decree, as necessary for the
construction of ubiquitous cities.
(2) Any project implementer, other than the State or a local government,
shall obtain approval of the competent head of Si/Gun (referring to the
competent DoGovernor, if the project area stretches over the jurisdictions
of two or more Sis/Guns within the jurisdiction of the same Do, or the
Minister of Land, Transport and Maritime Affairs, if the project area
stretches over the jurisdictions of two or more of the Special Metropolitan
City, Metropolitan Cities, and/or Dos; hereafter referred to as "approval
agency of project plans" in this Article, and Articles 15 and 16) for the
relevant implement plan, when it establishes the implementation plan pursuant to paragraph (1).
(3) The Minister of Land, Transport and Maritime Affairs (referring to cases where the State is a project implementer) or the
head of a local
government shall, when he/she establishes an implementation plan
pursuant to paragraph (1) or the approval agency of project plans approves an implementation plan pursuant to paragraph (2), consult
in advance
with the heads of appropriate central administrative agencies with regard
thereto.
(4) The Minister of Land, Transport and Maritime Affairs (referring to cases where the State is a project implementer) or the
head of a local
government shall, when he/she establishes an implementation plan pursuant to paragraph (1) or the approval agency of project
plans approves
an implementation plan pursuant to paragraph (2), publicly notify the
establishment or approval of the project plan through the Official Gazette or the relevant official bulletin, and the Minister of
Land, Transport and
Maritime Affairs or any Do Governor who approves an implementation
plan shall dispatch relevant documents to the head of Si/Gun having
jurisdiction over the relevant project area.
(5) Paragraphs (2) through (4) shall apply mutatismutandisto the revision
of an implementation plan: Provided, That the foregoing sentence shall
not apply to any modification to any insignificant matter specified by
Presidential Decree.
Article 15 (Constructive Authorization and Permission under other Law)
(1) When the State or any local government establishes an implementation
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제32편 도시․주택․건축․건설업 유비쿼터스도시의 건설 등에 관한 법률
plan pursuant to Article 14 (1) or the approval agency of project plans
approves an implementation plan pursuant to Article 14 (2), the following approval, permission, authorization, or decision (hereinafter
referred to
as "authorization and permission") shall be deemed to have been given, granted, or made with regard to matters about which
consultation with
the heads of appropriate administrative agencies has been completed under
paragraph (3), whereas when the establishment or approval of an implementation plan is publicly announced pursuant to Article
14 (4),
the authorization or permission shall be deemed to have been publicly
notified or announced pursuant to the relevant Act specified in any of the following subparagraphs: <AmendedbyActNo.9174,Dec.26,2008;ActNo.
9758, Jun. 9, 2009>
1. The decision on the urban management plan under Article 30 of the
National Land Planning and Utilization Act (limited to matters
concerning the installation, improvement, or amelioration of infrastructure), permission to occupy and use a utility tunnel
under
Article 44 (4) of the aforesaid Act, permission for development activities
under Article 56 of the aforesaid Act, the designation of the implementer of a planned urban facility project under Article 86 of
the aforesaid
Act, or authorization of an implementation plan under Article 88 of
the aforesaid Act;
2. Permission to occupy and use a public sewerage system under Article
24 of the Sewerage Act;
3. Permission to occupy and use a river under Article 33 of the River
Act;
4. Permission to occupy and use a small river under Article 14 of the
Small River Maintenance Act;
5. Permission to occupy and use a road under Article 38 of the Road
Act;
6. Reporting on a road construction project under Article 69 of the Road
Traffic Act;
7. Permission for a building project under Article 11 of the Building Act,
reporting on a building project under Article 14 of the aforesaid Act, permission for, or reporting on, construction of a temporary
building
under Article 20 of the aforesaid Act, consultation about construction
of a public building under Article 29 of the aforesaid Act, or reporting
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on construction of a structure, such as a retaining wall, under Article
83 of the aforesaid Act;
8. Permission to occupy and use public waters under Article 5 of the
Public Waters Management Act;
9. Permission to use for profit any administrative property or preserved property under Article 24 of the State Property Act;
10. Permission to use for profit any administrative property under Article
20 of the Public Property and Commodity Management Act;
11. Permission for, or consultation about, the diversion of farmland under
Article 34 of the Farmland Act, reporting on the diversion of farmland under Article 35 of the aforesaid Act, or permission for, or
consultation
about, the temporary use of farmland for any other purpose under
Article 36 of the aforesaid Act;
12. Approval for the use for any purpose other than infrastructure for agricultural production under Article 23 of the
Rearrangement of
Agricultural and Fishing Villages Act;
13. Permission for, or reporting on, the diversion of a mountainous district under Articles 14 and 15 of the Management of Mountainous
Districts
Act;
14. Permission for, or reporting on, cutting standing trees under Article
36 of the Creation and Management of Forest Resources Act or
permission for, or reporting on, cutting, etc of timber in protective forests the same Act;
15. Permission for cutting trees within an erosion control area under Article
14 of the Work against Land Erosion or Collapse Act;
16. Permission for the diversion of grassland under Article 23 of the
Grassland Act;
17. Consent to a building permit under Article 7 of the Installation, Maintenance, and Safety Control of Fire-Fighting
Systems Act;
18. Reporting on the commencement of a project for installation of a
fire-fighting system under Article 13 of the Fire-Fighting System
Installation Business Act;
19. Permission to occupy and use an urban park under Article 24 of the
Act on Urban Parks, Greenbelts, etc., permission for activities in an urban natural park zone under Article 27 of the aforesaid
Act, or
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제32편 도시․주택․건축․건설업 유비쿼터스도시의 건설 등에 관한 법률
permission to occupy and use a greenbelt under Article 38 of the aforesaid
Act;
20. The decision on a plan for installation of the measuring network under
Article 6 of the Soil Environment Conservation Act;
21. The decision on a plan for installation of the measuring network under
Article 4 of the Clean Air Conservation Act;
22. The decision on a plan for installation of the measuring network under
Article 10 of the Water Quality and Ecosystem Conservation Act;
23. The decision on a plan for installation of the measuring network under
Article 4 of the Noise and Vibration Management Act.
(2) Any project implementer (excluding the State and local governments)
who intends to be entitled to constructive authorization and permission
shall submit relevant documents specified by relevant Acts and subordinate statutes together, when it files an application for approval
or amended
approval of an implementation plan.
(3) The Minister of Land, Transport and Maritime Affairs (referring to cases where the State is a project implementer) or the
head of a local
government shall, when he/she establishes an implementation plan
pursuant to paragraph 14 (1) or the approval agency of project plans approves an implementation plan pursuant to paragraph 14 (2),
consult in advance
with the head of an appropriate central administrative agency, if the
implementation plan includes a matter falling under any subparagraph of paragraph (1). In such cases, the head of the appropriate
central
administrative agency shall present his/her opinion thereon within the
period prescribed by Presidential Decree from the date on which consultation was requested.
Article 16 (Final Inspection)
(1) Each project implementer (excluding the State and local governments) shall, upon completion of the relevant ubiquitous city construction
project, receive a final inspection by the approval agency of implementation plans,
as prescribed by Presidential Decree.
(2) The approval agency of implementation plans shall, if he/she affirms that a ubiquitous city construction project has been completed
in accordance
with the relevant implementation plan as a result of the final inspection,
issue a final inspection certificate to the project implementer.
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ACT ON THE CONSTRUCTION, ETC. OF UBIQUITOUS CITIES
(3) When the State or a local government completes a ubiquitous city
construction project or any project implementer under paragraph (1) has successfully passed a final inspection, inspection on, authorization
for,
reporting on, or confirmation of the completion of the relevant project shall be deemed to have been conducted, granted, or made in
connection with
the authorization or permission under each subparagraph of Article 15
(1).
(4) Matters concerning final inspections shall be prescribed by Presidential
Decree in addition to the provisions of paragraphs (1) through (3).
Article 17 (Special Cases for Approval of Project Plans)
(1) Any project implementer shall be deemed to have established, or have obtained approval for, a project plan and an implementation
plan in
accordance with Articles 13 and 14, when it establishes, and obtains approval
for, a development plan and an implementation plan in which the details of the project plan under Article 13 and the details of the
implementation
plan under Article 14 are included, while conducting another project under
any other Act.
(2) Any project implementer shall be deemed to have successfully passed a final inspection in accordance with Article 16, when it
receives the final
inspection for the project under paragraph (1).
Article 18 (Vesting of Ownership of Public Facilities)
(1) The facilities installed by a project implementer as part of ubiquitous city infrastructure, the ownership of which shall vest
without consideration
in accordance with the relevant implementation plan, shall be deemed public facilities, and Article 65 of the National Land
Planning and Utilization
Act shall apply to the vesting of the ownership of such facilities.
(2) Except as otherwise provided for expressly by this Act or any other
Act, the public facilities under paragraph (1) shall be managed by the competent head of Si/Gun/Gu (referring to the head of an autonomous Gu) until the ownership of such facilities vests in the managing authorities
of the facilities after completion of the project.
(3) Matters concerning the vesting of ownership of, and the management
of, public facilities shall be prescribed by Presidential Decree in addition to the provisions of paragraphs (1) and (2).
Article 19 (Management and Operation of Ubiquitous City Infrastructure)
(1) The competent head of Si/Gun shall act as the managing authority
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제32편 도시․주택․건축․건설업 유비쿼터스도시의 건설 등에 관한 법률
for a facility of ubiquitous city infrastructure for which no managing
authority has been designated by any other Act from among facilities of ubiquitous city infrastructure.
(2) The managing authority for any facility of ubiquitous city infrastructure may, if he/she deems it necessary for the efficient
management and operation
of a facility of ubiquitous city infrastructure, consult with another managing
authority for any other facility related to the relevant facility to jointly manage and operate such facilities.
(3) The managing authority of any facility of ubiquitous city infrastructure
may entrust all or some of business affairs related to the management and operation of the facility of ubiquitous city infrastructure
to an institution
specified by Presidential Decree among the institutions that have
professional human resources or an organization for the management and operation of ubiquitous city infrastructure as specified
by Presidential
Decree.
(4) Other matters necessary for the efficient management and operation of ubiquitous city infrastructure shall be prescribed by Presidential
Decree.
(5) The head of each local government may establish a plan for the
management and operation of ubiquitous city infrastructure under paragraphs (2) through (4), subject to consultation
with the managing
authorities for ubiquitous city infrastructure.
(6) The head of each local government may prescribe matters concerning the establishment of the operation plan under paragraph (5)
and other
necessary matters concerning the management and operation of ubiquitous
city infrastructure by Municipal Ordinance of the competent local government.
CHAPTER Ⅳ STANDARDS FOR UBIQUITOUS CITY TECHNOLOGIES AND PROTECTION OF INFORMATION
Article 20 (Standards for Converging Technologies)
(1) The Minister of Land, Transport and Maritime Affairs may establish and publicly notify the standards for converging technologies of construction
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ACT ON THE CONSTRUCTION, ETC. OF UBIQUITOUS CITIES
and information and communications (hereinafter referred to as "converging
technologies"), subject to consultation with the heads of the appropriate central administrative agencies specified by Presidential
Decree, such as
the Minister of Public Administration and Safety: Provided, That if there
are the Korea Industrial Standards already established pursuant to the
Industrial Standardization Act with regard to any technology utilized in
converging technologies, such technology shall conform to the aforesaid
Standards, and technologies of information and communications utilized in converging technologies shall conform to the standards prescribed
by
the head of each central administrative agency pursuant to the relevant
Acts, while technologies related to transportation shall conform to the standards established for the standards of technologies
related to
transportation among converging technologies pursuant to any other Act, if such standards exist.
(2) The compatibility between ubiquitous cities and the expandability of
converging technologies shall be taken into consideration in establishing standards for converging technologies pursuant to
paragraph (1).
Article 21 (Protection of Personal Information)
Personal information about individuals collected, used, provided, possessed, managed, and destroyed (hereinafter referred to as "handled")
in the course of the management of a ubiquitous city and the provision
of ubiquitous city services shall be handled lawfully and safely within the
extent necessary, in compliance with relevant Acts and subordinate statutes.
Article 22 (Protection of Ubiquitous City Infrastructure)
(1) The Minister of Public Administration and Safety shall designate the facilities specified by Presidential Decree, among facilities
of ubiquitous city infrastructure, as major infrastructure facilities for information and
communications in accordance with the standards and procedure under
Article 8 of the Act on the Protection of Information and Communications
Infrastructure, subject to consultation with the head of the competent local government.
(2) Any private business operator who does not fall under any provision of Article 12 (1) 1 through 3 may obtain a certification under
Article 47
(1) of the Act on Promotion of Information and Communications Network
Utilization and Information Protection, etc. for ubiquitous city
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제32편 도시․주택․건축․건설업 유비쿼터스도시의 건설 등에 관한 법률
infrastructure facilities.
CHAPTER Ⅴ COMMITTEE FOR UBIQUITOUS CITIES
Article 23 (Committee for Ubiquitous Cities)
(1) A committee for ubiquitous cities (hereinafter referred to as the
"Committee") shall be established under the control of the Prime Minister in order to have a committee to deliberate on
the following matters in
conjunction with the construction, etc. of ubiquitous cities:
1. Matters concerning the comprehensive plan;
2. Matters concerning ubiquitous city construction projects implemented
by the State;
3. Matters concerning the adjustment of opinions between the heads of central administrative agencies and the heads of local governments;
4. Matters concerning the Government's support for the revitalization of ubiquitous cities;
5. Matters brought by the Committee chairperson to the Committee in
relation to the construction, etc. of ubiquitous cities;
6. Other important matters specified by Presidential Decree.
(2) The Committee shall be comprised of not more than 20 members,
including one chairperson and three vice chairpersons.
(3) The Prime Minister shall take the chair of the Committee, and the
Minister of Public Administration and Safety, the Minister of Land,
Transport and Maritime Affairs, and the Chairperson of the Korea
Communications Commission shall serve as vice chairpersons, while other
Committee members shall consist of the following persons:
1. Persons commissioned by the Prime Minister from among those who have ample knowledge and experience in the construction,
etc. of
ubiquitous cities;
2. The heads of the central administrative agencies specified by Presidential
Decree and the Minister of the Prime Minister's Office.
(4) Matters necessary for the organization and operation of the Committee
shall be prescribed by Presidential Decree in addition to the provisions of paragraphs (1) through (3).
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ACT ON THE CONSTRUCTION, ETC. OF UBIQUITOUS CITIES
Article 24 (Council for Ubiquitous City Projects)
(1) The head of any local government who intends to promote a ubiquitous city construction project shall organize and operate a council
for ubiquitous
city projects (hereinafter referred to as the "Council") in order to deliberate
on the following matters for the advancement of the project:
1. Matters concerning the project plan and implementation plan;
2. Matters concerning the schemes for the management and operation
of facilities of ubiquitous city infrastructure and for securing financial resources therefor;
3. Matters concerning the transfer of facilities of ubiquitous city
infrastructure;
4. Other matters specified by Presidential Decree for the smooth advancement of ubiquitous city projects.
(2) The council shall be comprised of not more than 25 persons who fall under any of the following subparagraphs:
1. Pubic officials from appropriate administrative agencies;
2. Public officials from the local government;
3. The project implementer;
4. Experts in urban planning or information and communications.
(3) Matters necessary for the organization and operation of the Council shall be prescribed by Municipal Ordinance of the
competent local
government in addition to the provisions of paragraphs (1) and (2).
Article 25 (Grant of Subsidies or Loans)
(1) The State may grant subsidies or loans, from the budget, for part of the costs of a ubiquitous city construction project
implemented by any
local government, as prescribed by Presidential Decree.
(2) The State or any local government may grant subsidies or loans for part of the costs of a ubiquitous city construction project
implemented
by any person, other than the State or a local government, as prescribed
by Presidential Decree.
Article 26 (Research and Development)
The State and each local government may promote the following projects for the development of ubiquitous city technologies and the
enhancement
of the level of technologies:
1. Research and development of ubiquitous city technologies and transfer and distribution of such technologies;
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제32편 도시․주택․건축․건설업 유비쿼터스도시의 건설 등에 관한 법률
2. Joint research and development with industries, academics, and
research institutes;
3. International cooperation and exchange for research on ubiquitous city
technologies;
4. Enhancement of competitiveness of small and medium enterprises in ubiquitous city technologies.
Article 27 (Raising Professional Human Resources)
(1) The State and each local government may support the following activities in order to systematically foster professional human
resources necessary
for the construction, etc. of ubiquitous cities:
1. Training of professional human resources for ubiquitous cities;
2. Development and distribution of educational programs for ubiquitous cities.
(2) The State and each local government may, if necessary for supporting activities under paragraph (1), designate an institution
or organization
involved in training of professional human resources for ubiquitous cities
as a collaborative institution.
Article 28 (Designation of Model Ubiquitous Cities)
(1) The Minister of Land, Transport and Maritime Affairs may designate model ubiquitous cities, subject to consultation with the heads
of appropriate
central administrative agencies and the heads of local governments, in order to facilitate the construction, etc. of ubiquitous cities,
as prescribed
by Presidential Decree.
(2) The Minister of Land, Transport and Maritime Affairs may provide support for the matters related to administration, finance, and
technology
as necessary for model ubiquitous cities designated pursuant to paragraph
(1).
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases for Establishment of Ubiquitous City Plans) (1) Notwithstanding the proviso to Article 8 (1), a ubiquitous city construction project may be implemented without necessarily having a ubiquitous city plan established pursuant to Article 8, if a project already
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ACT ON THE CONSTRUCTION, ETC. OF UBIQUITOUS CITIES
approved by the Minister of Land, Transport and Maritime Affairs pursuant
to Article 4 of the Addenda is in progress, or if a project implementer has already executed an agreement with the head
of Si/Gun having
jurisdiction over the project area in order to promote a ubiquitous city construction project, at the time this Act enters into force
and if the Minister of Land, Transport and Maritime Affairs approves the project at the request of the head of Si/Gun.
(2) In cases where it is intended to implement a ubiquitous city construction project pursuant to paragraph (1), the approval agency
of project plans
under Article 13 (2) shall consult in advance with the Minister of Land, Transport and Maritime Affairs with regard thereto (excluding
cases where
a project already approved by the Minister of Land, Transport and Maritime
Affairs pursuant to Article 4 of the Addenda is in progress), and the head of Si/Gun having jurisdiction over the project area shall, when he/she
reorganize or revise the basic urban plan under the National Land Planning and Utilization Act for the first time after this Act
enters into force, reflect the details of the relevant project plan in the basic urban plan.
Article 3 (Transitional Measure concerning Ubiquitous City Plans)
Any plan already established with details similar to those of a ubiquitous city plan at the time this Act enters into force shall
be deemed a ubiquitous city plan established pursuant to Articles 8 through 10, if the plan is
approved by the Minister of Land, Transport and Maritime Affairs at the
request of the head of Si/Gun having jurisdiction over the project area.
Article 4 (Transitional Measure concerning Ubiquitous City Construction
Projects)
Any project already in progress at the time this Act enters into force in accordance with a project plan established with details
similar to those
of the project plan under Article 13 and the implementation plan under
Article 14 for an area of a scale equivalent to or larger than the scale under Article 3 shall be deemed a ubiquitous city construction
project
implemented pursuant to this Act, if the project is approved by the Minister of Land, Transport and Maritime Affairs at the request
of the head of
Si/Gun having jurisdiction over the project area.
Article 5 Omitted.
ADDENDA <Act No. 9174, Dec. 26, 2008>
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제32편 도시․주택․건축․건설업 유비쿼터스도시의 건설 등에 관한 법률
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9705, May 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
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