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ENFORCEMENT DECREE OF THE SPECIAL ACT ON SIMPLIFICATION OF AUTHORIZATION AND PERMISSION PROCEDURES FOR LAND USE

Presidential Decree No. 26910, Jan. 19, 2016

Amended by Presidential Decree No. 27809, Jan. 26, 2017

Presidential Decree No. 28211, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Special Act on Simplification of Authorization and Permission Procedures for Land Use and matters necessary for the enforcement of said Act.
 Article 2 (Guidelines for Operation of Related Committees)
(1) The guidelines for operating a committee related to authorization and permission for land use referred to in Article 6 (1) of the Special Act on Simplification of Authorization and Permission Procedures for Land Use (hereinafter referred to as the "Act") shall include the following matters. In such cases, no content contrary to those prescribed by the Acts set forth in subparagraphs of Article 3 of the Act shall be included therein:
1. Principles for deliberation by the committee and matters requiring attention when conducting deliberation;
2. Matters concerning implementing the subject matters of deliberation or advice to be conducted by the committee;
3. Methods of preparing and raising agenda items for deliberation by the committee;
4. Agenda items for deliberation to be examined and methods of notifying the result of deliberation;
5. Other matters necessary for operating the committee.
(2) The Minister of Land, Infrastructure and Transport shall formulate the guidelines for operation under paragraph (1) and notify them to each land use authorization and permission institution.
 Article 3 (Methods and Procedures for Reporting Performance and Evaluation)
(1) Pursuant to Article 7 (1) of the Act, a land use authorization and permission institution shall prepare and submit to the Minister of Land, Infrastructure and Transport, a report on the performance and achievements of matters prescribed in Article 7 (1) of the Act (hereinafter referred to as "performance report") every two years, by no later than the end of February of the year following the lapse of every two years. In such cases, the head of a Si/Gun and an autonomous Gu shall submit it via the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor.
(2) A performance report shall be prepared annually as of December 31 of each year, and shall include the result of improvement compared with the previous year.
(3) The Minister of Land, Infrastructure and Transport and the Minister of Trade, Industry and Energy may disclose details of performance evaluated pursuant to Article 7 (2) of the Act and pay rewards within the budgetary limits; or award citations to local governments with outstanding evaluation outcomes or public officials belonging thereto.
(4) The Minister of Land, Infrastructure and Transport and the Minister of Trade, Industry and Energy may determine detailed matters concerning the preparation of a performance report and notify them to each land use authorization and permission institution. In such cases, the Minister of Land, Infrastructure and Transport and the Minister of Trade, Industry and Energy shall mutually consult thereon.
 Article 4 (Counseling and Advisory Support)
When a land use authorization and permission institution provides information prescribed in Article 8 (3) of the Act pursuant to the same paragraph, he/she shall provide it as requested by the relevant applicant, such as post mail, electronic mail or facsimile.
 Article 5 (Preliminary Deliberation)
(1) When a person who intends to use land files an application for a preliminary deliberation of a committee referred to in any subparagraph of Article 12 of the Act (hereinafter referred to as "preliminary deliberation") pursuant to Article 9 (1) of the Act, he/she shall submit an application, with the documents classified as follows, to a land use authorization and permission institution: Provided, That documents proving that the ownership or right to use land is secured and documents submitted with an application mutatis mutandis under another Act shall be excluded therefrom, and only one copy of such documents may be submitted: <Amended by Presidential Decree No. 27809, Jan. 26, 2017; Presidential Decree No. 28211, Jul. 26, 2017>
1. A local urban planning committee (referring to a local urban planning committee under Article 12 (1) 1 of the Act; hereinafter the same shall apply): Documents to be submitted under Article 57 (1) of the National Land Planning and Utilization Act;
2. A building committee (referring to a building committee under Article 12 (1) 2 of the Act; hereinafter the same shall apply): Simplified architectural plans and drawings under Article 5-5 (6) 2 (i) of the Enforcement Decree of the Building Act;
3. A landscape committee (referring to a landscape committee under Article 12 (1) 3 of the Act; hereinafter the same shall apply): Documents determined and publicly notified by the Minister of Land, Infrastructure and Transport under Articles 19 (3) and 21 (3) of the Enforcement Decree of the Landscape Act;
4. A traffic impact assessment deliberation committee (referring to a traffic impact assessment deliberation committee under Article 12 (1) 4 of the Act; hereinafter the same shall apply); A written traffic impact assessment under Article 16 (1) of the Urban Traffic Improvement Promotion Act;
5. A regional mountainous district management committee (referring to a regional mountainous district management committee under Article 12 (1) 5 of the Act; hereinafter the same shall apply): Documents under Article 15 (1) of the Enforcement Decree of the Mountainous Districts Management Act;
6. A committee for deliberation on factors influencing disasters (referring to a deliberation on factors influencing disasters under Article 12 (1) 6 of the Act; hereinafter the same shall apply): A statement of prior examination of factors influencing disasters under Article 6 (2) of the Enforcement Decree of the Countermeasures against Natural Disasters Act.
(2) "Cases prescribed by Presidential Decree, such as where any application for authorization or permission for land use is filed with details inconsistent with those that have undergone preliminary deliberation" under Article 9 (5) of the Act means where the content of an application for authorization or permission for land use has changed since preliminary deliberation and the changed content falls under any of the following cases: Provided, That it shall exclude where the content of an application for authorization or permission for the relevant land has changed from the content of an application for preliminary deliberation after reflecting the outcomes of the preliminary deliberation: <Amended by Presidential Decree No. 27809, Jan. 26, 2017>
1. Where preliminary deliberation has been conducted by an individual committee referred to in any subparagraph of Article 12 (1) of the Act:
(a) A local urban planning committee: In cases not falling under Article 52 (1) of the Enforcement Decree of the National Land Planning and Utilization Act;
(b) A building committee: In cases not falling under Article 5 (2) of the Enforcement Decree of the Building Act;
(c) A landscape committee: In cases not falling under Article 12 (1) through (3) of the Enforcement Decree of the Building Act;
(d) A traffic impact assessment deliberation committee: In cases falling under Article 13-7 (2) of the Enforcement Decree of the Urban Traffic Improvement Promotion Act;
(e) A regional mountainous district management committee: In cases not falling under the proviso to Article 14 (1) of the Mountainous Districts Management Act;
(f) A committee for deliberation on factors influencing disasters: In cases falling under any subparagraph of Article 6-2 (1) (excluding administrative plans among the matters referred to in subparagraph 1) of the Enforcement Decree of the Countermeasures against Natural Disasters Act;
2. Where preliminary deliberation has been conducted by an integrated deliberation committee under Article 12 (1) of the Act (hereinafter referred to as "integrated deliberation committee"): Where a ground exists falling under subparagraph 1.
 Article 6 (Composition and Operation of Integrated Deliberation Committee)
(1) An integrated deliberation committee shall be comprised of at least three members from the committees under its jurisdiction. In such cases, no member representing any committee therein shall represent another committee.
(2) A land use authorization and permission institution may have multiple integrated deliberation committees, and the types of committees to be integrated into which shall be different from each other, taking into account the types, etc. of authorization and permission for land use.
(3) Where any member is unable to perform his/her duties for at least two months due to an overseas business trip, disease, accident, etc., a land use authorization and permission institution shall immediately request the chairperson of the relevant committee to recommend his/her substitute.
(4) An integrated deliberation committee shall take meeting minutes pursuant to Article 17 (2) of the Public Records Management Act.
(5) An integrated deliberation committee may, if necessary, require the applicant for integrated deliberation, related persons, etc. to attend a committee meeting and hear their opinions or explanations.
 Article 7 (Disqualification of, Challenge to and Refrainment by Members of Integrated Deliberation Committee)
(1) Any of the following members of an integrated deliberation committee shall be disqualified for the deliberations and resolution of the integrated deliberation committee:
1. Where a member or his/her current or former spouse becomes a party to the relevant agenda (where the party is a corporation, organization, etc., including any executive officer thereof; hereafter the same shall apply in this subparagraph and paragraph 2) or is holding any right or duty jointly with a party to such agenda;
2. Where a member is or was a relative of a party to the relevant agenda;
3. Where a member has given any advice, or conducted any research, service (including any subcontract), appraisal or examination with respect to the relevant agenda;
4. Where a member or a corporation, organization, etc. to which a member belongs, is or was an agent of a party to the relevant agenda;
5. Where an enterprise, etc. where a member is or was an executive officer or employee within three recent years has given any advice, or conducted any research, service (including any subcontract), appraisal or examination with respect to the relevant agenda.
(2) If impartial deliberation or resolution is unlikely from a member, a party to the relevant agenda may file a request to challenge him/her with the integrated deliberation committee, and the integrated deliberation committee shall make a decision on whether to accept the challenge by its resolution. In such cases, the member subject to such request for challenge shall not participate in the resolution.
(3) A member who falls under any cause for disqualification prescribed in paragraph (1) shall voluntarily refrain from the deliberation and resolution of the relevant agenda.
 Article 8 (Detailed Rules of Operation)
Except as otherwise expressly provided for in this Decree, matters necessary for the composition, operation, etc. of an integrated deliberation committee shall be determined by a land use authorization and permission institution.
 Article 9 (Matters to be Notified concerning Integrated Deliberation)
"Matters prescribed by Presidential Decree, such as whether integrated deliberation will be conducted and the scope of the integrated deliberation" in the latter part of Article 12 (2) of the Act means the following:
1. Whether to conduct integrated deliberation;
2. Scope of the integrated deliberation;
3. Date, time and venue of the meeting to be held;
4. Agenda items raised;
5. Whether the applicant is required to attend the meeting.
 Article 10 (Joint Coordination Meetings)
(1) A land use authorization and permission institution, in receipt of an application for coordination under Article 13 (1) 1 of the Act, shall notify the applicant within ten days from the date the application is received, whether a joint coordination meeting (referring to a joint coordination meeting under Article 13 (1) of the Act; hereinafter the same shall apply) will be held.
(2) A land use authorization and permission institution may require public officials deemed necessary to attend a joint coordination meeting, in addition to public officials of related administrative agencies, related experts and the applicant.
 Article 11 (Composition and Operation of Coordination Committee for Authorization and Permission for Land Use)
(1) The Minister of Land, Infrastructure and Transport shall appoint the chairperson and the vice chairperson of the Coordination Committee for Authorization and Permission for Land Use provided for in Article 14 (1) of the Act (hereinafter referred to as "Coordination Committee") from among the civilian members thereof.
(2) Where the chairperson is unable to perform his/her duties due to any extenuating circumstance, the vice chairperson shall act on his/her behalf.
(3) The term of office of a civilian member shall be one year.
(4) "Central administrative agencies prescribed by Presidential Decree" in Article 14 (4) 1 and 2 of the Act means the following central administrative agencies:
1. The Ministry of Education;
2. The Ministry of Agriculture, Food and Rural Affairs;
3. The Ministry of Trade, Industry and Energy;
4. The Ministry of Environment;
5. The Ministry of Land, Infrastructure and Transport;
6. The Cultural Heritage Administration;
7. The Korea Forest Service.
(5) Public officials to be nominated by the heads of central administrative agencies pursuant to Article 14 (4) 1 of the Act shall be public officials in general service of the Senior Executive Service.
(6) Where deemed necessary, the Coordination Committee may require any related public official or expert to attend any of its meetings and hear his/her opinion.
(7) The Coordination Committee shall take meeting minutes pursuant to Article 17 (2) of the Public Records Management Act.
(8) Meetings of the Coordination Committee shall be closed to the public: Provided, That they will be disclosed upon resolution of the Coordination Committee.
(9) For efficient deliberation on agenda items, the Coordination Committee may have subcommittees, each comprised of not more than ten members.
(10) Article 7 shall apply mutatis mutandis to the disqualification of, challenge to and refrainment by members.
(11) Except as otherwise expressly provided for in paragraphs (1) through (10), matters necessary for the operation of the Coordination Committee shall be determined by its chairperson upon resolution of the Coordination Committee.
 Article 12 (Dismissal, etc. of Members)
(1) Where any member under Article 14 (4) 1 of the Act falls under any of the following cases, the Minister of Land, Infrastructure and Transport may dismiss him/her from office:
1. Where he/she is incapable of performing his/her duties due to mental disability;
2. Where he/she has conducted any irregularity in connection with his/her duties;
3. Where he/she is deemed unsuitable as a member due to neglecting any of his/her duties, loss dignity, or similar reason;
4. Where he/she fails to refrain despite that he/she falls under Article 7 (1) which applies mutatis mutandis pursuant to Article 11 (10);
5. Where he/she voluntarily admits it is difficult for him/her to perform his/her duties.
(2) The Minister of Land, Infrastructure and Transport may dismiss any member referred to in Article 14 (4) 2 of the Act, if he/she falls under any subparagraph of paragraph (1).
 Article 13 (Coordination by Coordination Committee)
(1) Requirements for a land use authorization and permission institution for filing an application for coordination with the Coordination Committee pursuant to Article 14 of the Act shall be as follows:
1. He/she shall hear opinions of related experts before applying for the coordination and append their written opinions;
2. No conflicting opinions requiring coordination shall be those among local governments.
(2) Upon preparing a proposal of coordination, the Coordination Committee shall notify it to the land use authorization and permission institution and administrative agencies related to the proposal of coordination.
(3) A person, in receipt of a proposal of coordination under paragraph (2), shall notify the Coordination Committee whether he/she accepts it within 15 days from the date it is received.
 Article 14 (Disclosure of Information and Gathering Consensus)
(1) Meeting minutes shall be disclosed under Article 17 (1) of the Act by making them available for inspection or by providing a copy thereof from the date the results of the deliberation are notified.
(2) Consensus gathering under Article 17 (2) of the Act shall commence within 30 days from the date on which an application for authorization or permission for land use is filed.
(3) A land use authorization and permission institution shall disclose the result of gathering consensus under paragraph (2) on the relevant website, bulletin boards. etc. within 30 days after completing the same.
 Article 15 (Provision of Public Data)
"Data prescribed by Presidential Decree" in Article 18 (1) 5 of the Act means the following data:
1. Data on the status of regulation on the use of land (referring to the status of regulation on specific-purpose areas, specific-purpose zones, specific-purpose districts, urban or Gun planning facilities, etc.) in which a project subject to authorization and permission for land use is planned;
2. Guidelines for implementation of a district-unit plan and final drawings which include the land subject to authorization and permission for land use and its neighboring area.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016.
Article 2 (Special Cases concerning Preparation of Performance Report)
The period for preparing the first performance report under Article 3 (1) shall be from January 21, 2016 to December 31, 2017.
Article 3 (Transitional Measure concerning Traffic Impact Assessment Deliberation Committee)
(1) "Traffic impact assessment deliberation committee" in Article 5 (1) 4 and (2) 1 (d) shall be construed as "deliberation committee on traffic impact assessment and improvement measures" until January 24, 2016.
(2) "Statement of traffic impact assessment" in Article 5 (1) 4 shall be construed as "traffic impact assessment and improvement measures" until January 24, 2016.
ADDENDA <Presidential Decree No. 27809, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Presidential Decrees were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet among the Presidential Decrees amended pursuant to Article 8 of the Addenda shall respectively enter into force on the enforcement dates of such Presidential Decrees.
Articles 2 through 8 Omitted.