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ENFORCEMENT DECREE OF THE LANDSCAPING PROMOTION ACT

Presidential Decree No. 26868, Jan. 6, 2016

 Article 1 (Purpose)
The Purpose of this Decree is to prescribe matters delegated by the Landscaping Promotion Act and those necessary for the enforcement thereof.
 Article 2 (Contracting Authorities)
The term “other persons determined by Presidential Decree, such as a local government-invested corporation prescribed in Article 49 of the Local Public Enterprises Act and a local public corporation prescribed in Article 76 of that Act” in subparagraph 6 (d) of Article 2 of the Landscaping Promotion Act (hereinafter referred to as “the Act”) means the following persons:
1. A local government-invested corporation prescribed in Article 49 of the Local Public Enterprises Act and a local public corporation prescribed in Article 76 of the Act;
2. An institution funded by the State or a local government;
3. An implementer of a project entrusted by the State, a local government, or a public corporation or quasi-governmental institutions prescribed in Article 5 (3) 1 and 2 (hereinafter referred to as “public corporation, etc.”) of the Act on the Management of Public Institutions;
4. A project implementer of the facilities to be managed by the State, a local government, or a public corporation, etc., in accordance with the relevant Acts and subordinate statutes.
 Article 3 (Formulation and Implementation of Basic Plans)
(1) Where the Minister of Land, Infrastructure and Transport intends to formulate or modify a basic plan for promoting landscaping under Article 5 (1) of the Act (hereinafter referred to as “basic plan”), he/she shall consult in advance with the heads of the relevant central administrative agencies.
(2) The Minister of Land, Infrastructure and Transport shall publish the details of a formulated or modified basic plan in the official gazette, and notify such details to the heads of the relevant central administrative agencies.
 Article 4 (Formulation and Implementation of Annual Implementation Plans)
(1) Annual implementation plans prescribed in Article 5 (5) of the Act (hereinafter referred to as “implementation plan”) shall contain the following matters:
1. Matters concerning the outcomes of the previous implementation plan;
2. Matters concerning the direction of landscaping promotion for the relevant year;
3. Matters concerning performance plans and investment plans by major project;
4. Other matters necessary for promoting landscaping.
(2) The Minister of Land, Infrastructure and Transport may, if necessary for formulating and executing an implementation plan, request the heads of the relevant central administrative agencies to provide cooperation.
(3) Article 3 shall apply mutatis mutandis to the formulation and modification of implementation plans.
 Article 5 (Designation, etc. of Institutions for Fostering Professional Human Resources)
(1) Requirements for designating an institution for fostering the professional human resources prescribed in Article 6 (2) of the Act (hereinafter referred to as “institution for fostering the professional human resources”) shall be as specified in attached 1.
(2) The term “other institutes prescribed by Presidential Decree” in Article 6 (2) 4 of the Act means the following institutions:
1. Educational institutions prescribed in Article 43 (2) of the Construction Technology Promotion Act;
2. Institutes conducting researches related to fostering and promoting landscaping, among the research institutes established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc.;
3. Institutes conducting researches related to fostering and promoting landscaping, among the research institutes established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.;
4. Non-profit corporations established pursuant to Article 32 of the Civil Act or corporations conducting landscaping-related business affairs which have obtained permission for establishment pursuant to Article 4 of the Act on the Establishment and Operation of Public Interest Corporations;
5. Other landscaping-related educational institutions or organizations.
(3) A person who intends to be designated as an institution for fostering the professional human resources pursuant to Article 6 (2) of the Act shall file an application with the Minister of Land, Infrastructure and Transport, attaching the following documents:
1. A document verifying that the requirements for designation prescribed in attached Table 1 are met;
2. Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) Where the Minister of Land, Infrastructure and Transport designates an institution for fostering the professional human resources, he/she shall issue a certificate of designation to the applicant.
(5) Where the Minister of Land, Infrastructure and Transport designates, or cancels the designation of, an institution for fostering the professional human resources pursuant to Article 6 (2) and (5) of the Act, he/she shall publish the fact in the official gazette and display it on the Internet homepage of the Ministry of Land, Infrastructure and Transport.
 Article 6 (Designation, etc. of Facilities Promoting Landscaping)
(1) Requirements for designating a facility promoting landscaping under Article 7 (1) of the Act (hereinafter referred to as “promotion facility”) shall be as follows:
1. At least five landscaping business entities (at least ten landscaping business entities in cases of the Seoul Special Metropolitan City) shall be located there;
2. Small and medium entrepreneurs prescribed in Article 2 of the Framework Act on Small and Medium Enterprises shall occupy at least 30/100 of the landscaping business entities which are located in a facility intended to be designated as a promotion facility;
3. The area occupied by the facility used by landscaping business entities and its supporting facility shall be at least 50/100 of the total area of both such facilities;
4. A facility for common use necessary for landscaping business, such as a conference room for common use and an equipment room for common use, shall be installed.
(2) A person who intends to be designated as a promotion facility pursuant to Article 7 (2) of the Act shall file an application with the Minister of Land, Infrastructure and Transport, attaching the following documents:
1. A document verifying that the requirements prescribed in each subparagraph of paragraph (1) are met;
2. Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) Where the Minister of Land, Infrastructure and Transport designates a promotion facility, he/she shall issue a certificate of designation to the applicant.
(4) Where the Minister of Land, Infrastructure and Transport designates a promotion facility, he/she shall publish the fact in the official gazette and display it on the Internet homepage of the Ministry of Land, Infrastructure and Transport.
(5) The Minister of Land, Infrastructure and Transport may give the following support to smoothly create and foster promotion facilities:
1. Subsidization of funds necessary for creating and operating promotion facilities;
2. Support for the establishment and operation of common supporting facilities necessary for landscaping business, such as a common manufacturing facilities;
3. Other support necessary for creating and operating promotion facilities.
 Article 7 (Designation, etc. of Landscaping Promotion Complexes)
(1) Requirements for designating a landscaping promotion complex prescribed in Article 8 (1) of the Act (hereinafter referred to as “promotion complex”) shall be as follows:
1. At least ten landscaping business entities (at least 20 landscaping business entities in case of the Seoul Special Metropolitan City) shall be intensively settled there;
2. Any of the following entities shall be located in the relevant area:
(a) A landscaping supporting center prescribed in Article 11 (1) of the Act;
(b) A public institution conducting landscaping-related business affairs, among public institutions prescribed in Article 4 of the Act on the Management of Public Institutions;
(c) A corporation conducting landscaping-related business affairs, among non-profit corporations prescribed in Article 32 of the Civil Act;
3. Infrastructure, such as transportation, water supply and drainages, electricity and telecommunications, shall be equipped.
(2) A person who intends to be designated as a promotion complex pursuant to Article 8 (3) of the Act shall file an application with the Minister of Land, Infrastructure and Transport, attaching the following documents:
1. A document verifying that the requirements prescribed in each subparagraph of paragraph (1) are met;
2. Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) Where the Minister of Land, Infrastructure and Transport designates a promotion complex, he/she shall issue a certificate of designation to the applicant.
(4) Where the Minister of Land, Infrastructure and Transport designates a promotion complex, he/she shall publish the fact in the official gazette and display it on the Internet homepage of the Ministry of Land, Infrastructure and Transport.
(5) The Minister of Land, Infrastructure and Transport may give the following support to smoothly create and foster promotion complexes:
1. Subsidization of funds necessary for creating and operating promotion complexes;
2. Support for the establishment and operation of common supporting facilities necessary for landscaping business, such as a common manufacturing facilities;
3. Other support necessary for creating and operating promotion complexes.
 Article 8 (Withdrawal of Designation of Promotion Facility and Promotion Complex)
(1) Where a promotion facility or promotion complex falls under any subparagraph (excluding subparagraph 1) of Article 9 of the Act, the Minister of Land, Infrastructure and Transport may order it to take corrective measures, specifying a period not exceeding three months, and may withdraw the designation of a promotion facility or a promotion complex, if such correction fails to be made within the specified period.
(2) Where the Minister of Land, Infrastructure and Transport withdraws the designation of a promotion facility or a promotion complex pursuant to Article 9 of the Act, he/she shall publish the fact in the official gazette and display it on the Internet homepage of the Ministry of Land, Infrastructure and Transport.
 Article 9 (Support of Overseas Market Expansion and International Exchanges)
(1) The term “matters prescribed by Presidential Decree” in Article 12 (1) 5 of the Act means the following matters:
1. Projects related to international publicity and marketing of landscaping;
2. Projects related to international standardization of landscaping;
3. Establishment of systems for cooperaton with the relevant institutions and organizations to expand overseas markets;
4. Support for financial activities of the landscaping business entities who expand oversea markets, such as export guarantees;
5. Other projects deemed by the Minister of Land, Infrastructure and Transport necessary for overseas market expansion and international exchanges.
(2) The term “the institutions or organizations prescribed by Presidential Decree” in Article 12 (2) of the Act means the institutions falling under each item of Article 7 (1).
 Article 10 (Entrustment of Business Affairs)
(1) The Minister of Land, Infrastructure and Transport may wholly or partially entrust the following business affairs to the institutions falling under each item of Article 7 (1) 2 pursuant to Article 20 of the Act:
1. Business affairs for promoting international exchanges and overseas market expansion in the field of landscaping prescribed in Article 12 (1) of the Act;
2. Holding of landscaping exhibitions and landscaping shows prescribed in Article 13 of the Act;
3. Researches and investigations necessary for calculating considerations for landscaping projects prescribed in Article 15 (2) of the Act;
4. Support for designation of exemplary landscape facilities prescribed in Article 16 (1) of the Act;
5. Support for rewards and awards prescribed in Article 17 of the Act.
(2) The Minister of Land, Infrastructure and Transport shall publish the following matters in the official gazette, when entrusting business affairs pursuant to paragraph (1),
1. Name and address of an institution entrusted with business affairs, and the name of the representative thereof;
2. Entrusted business affairs and methods for handling entrusted business affairs;
3. Other necessary matters.
(3) An institution entrusted with business affairs pursuant to paragraph (1) shall report the outcomes of handling entrusted business affairs to the Minister of Land, Infrastructure and Transport by no later than the last day of the month immediately after each half-year ends.
 Article 11 (Administrative Fines)
Standards for imposing administrative fines prescribed in Article 22 (1) of the Act shall be as specified in attached Table 2.
ADDENDUM
This Decree shall enter into force on January 7, 2016.