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

Act No. 13053, Jan. 20, 2015

Amended by Act No. 13433, Jul. 24, 2015

Act No. 13924, Jan. 27, 2016

Act No. 14839, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to resolving the people’s inconveniences and strengthening national competitiveness in using and developing land by integrating and simplifying complicated authorization and permission procedures respectively provided for by individual Acts and by facilitating land use and development.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "land use" means the following activities for increasing social and economic value of land;
(b) Construction defined in Article 2 (1) 8 of the Building Act and substantial repair defined in subparagraph 9 of the same paragraph;
2. The term "authorization and permission for land use" means permission and approval referred to in subparagraphs of Article 3;
3. The term "land use authorization and permission authority" means the head of the competent administrative agency who is authorized to determine whether to authorize or approve land use according to the Acts set forth in Article 3.
 Article 3 (Scope of Application)
This Act shall apply to authorization or permission procedures subsequent to an application for authorization or permission for the following land use:
1. Permission for development activities under Article 56 of the National Land Planning and Utilization Act;
2. Building permits under Article 11 of the Building Act;
3. Approval for establishment, etc. of factories under Article 13 of the Industrial Cluster Development and Factory Establishment Act: Provided, That the approval for establishment, etc. of factories granted by the Korea Industrial Complex Corporation upon entrustment by the Minister of Trade, Industry and Energy under Article 51 of the same Act shall be excluded herefrom.
 Article 4 (Duties of the State and Local Governments)
The State and local governments shall endeavor to resolve inconveniences of the people caused by prolonged processes for authorization or permission for land use and to enhance the people's awareness of authorization and permission for land use by actively disclosing and providing information thereon.
 Article 5 (Relations to other Acts)
This Act shall takes precedence over the Acts prescribed in subparagraphs of Article 3 with respect to procedures for authorization and permission for land use: Provided, That if any other Act, such as the Industrial Cluster Development and Factory Establishment Act, provides for a system simpler than or similar to this Act, the provisions of such Act shall apply, notwithstanding the provisions of this Act.
CHAPTER II PROVISION OF SUPPORT, ETC. IN SIMPLIFYING PROCEDURES FOR AUTHORIZATION AND PERMISSION FOR LAND USE
 Article 6 (Preparation, etc. of Standards for Operation of Related Committees)
(1) The head of a central administrative agency having jurisdiction over any Act prescribed in subparagraphs of Article 3 shall formulate the guidelines, etc. for operating a committee related to authorization and permission of land use provided for in the relevant Act to simplify procedure for authorization and permission for land use.
(2) Each of the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, and the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall formulate detailed standards for operation, reflecting the guidelines, etc. for operating the committee related to authorization and permission for land use referred to in paragraph (1) under his/her jurisdiction.
(3) Matters necessary for the guidelines for operation and detailed operation standards, etc. of a committee related to authorization and permission for land use under paragraphs (1) and (2) shall be determined by Presidential Decree.
 Article 7 (Performance Report and Evaluation)
(1) Each land use authorization and permission authority shall report every two years the outcomes and achievements of the following matters to the Minister of Land, Infrastructure and Transport in cases of permission for development activities and building permits under subparagraph 1 and 2 of Article 3, and to the Minister of Trade, Industry and Energy in cases of approval for the establishment, etc. of factories under subparagraph 3 of the Article 3:
1. Improving procedures for authorization and permission for land use, and reducing the period required therefor;
2. Enhancing people's understanding of procedures for authorization and permission for land use;
3. Evaluating satisfaction with procedures for authorization and permission for land use.
(2) The Minister of Land, Infrastructure and Transport and the Minister of Trade, Industry and Energy shall evaluate the details reported pursuant to paragraph (1) and may grant rewards or provide differential support in accordance with the findings therefrom.
(3) Matters necessary for reporting methods and procedures, evaluation, rewarding, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 8 (Counseling and Advisory Support)
(1) Where a person who intends to apply for authorization or permission for land use wishes to receive consulting or advice on the requirements, procedures, etc. for authorization or permission for land use, he/she may apply for consulting and advice by visiting an exclusive center for authorization and permission for land use provided for in Article 15 or through integrated authorization and permission support system provided for in Article 16.
(2) A person who intends to apply for authorization or permission for land use shall submit an application stating the following matters to a land use authorization and permission authority:
1. Name and address of the person who applies for authorization or permission for land use;
2. Outline of the site planned for land use, such as the location, area and land category;
3. Details of authorization or permission for land use he/she intends to apply for;
4. Matters on which he/she intends to receive consulting or advice.
(3) A land use authorization and permission authority shall provide an applicant with the following information within seven days from the date the application under paragraph (2) is received, except in extenuating circumstances: Provided, That if the authority granting authorization or permission for land use deems necessary, the period may be extended only once for seven days:
1. Regulations related to authorization or permission for land use that the applicant intends to apply for;
2. Detailed procedures for applying authorization or permission for land use the applicant intends to apply for;
3. Similar cases of authorization or permission for existing land use;
4. Finalized and publicly notified plans concerning development and preservation of the area which includes the site designated for land use;
5. Other matters on which the applicant intends to receive consulting and advice.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the procedures, methods, etc. of receiving consulting and advice shall be prescribed by Presidential Decree.
CHAPTER III MEASURES FOR SIMPLIFICATION OF AUTHORIZATION AND PERMISSION PROCEDURES FOR LAND USE
 Article 9 (Preliminary Deliberation)
(1) Even where a person who intends to use any land has not secured ownership of the land or right to use it, he/she may file an application with a land use authorization and permission authority for deliberation on its use by all or some of the committees prescribed in subparagraphs of Article 12 that his/her application is required to undergo for authorization or permission for using the relevant land before applying for authorization or permission for land use (hereinafter referred to as "preliminary deliberation").
(2) A person who intends to apply for a preliminary deliberation may file an application by designating a committee that conducts deliberation among the committees prescribed in subparagraphs of Article 12; and upon receipt of the application for a preliminary deliberation, the land use authorization and permission authority shall complete the deliberation of the relevant committee within 30 days from the date of the application.
(3) Upon receipt of a request for consultation for a preliminary deliberation from a land use authorization and permission authority, a related administrative agency shall complete the deliberation by the committee under its jurisdiction within 30 days from the date of the request for consultation.
(4) If any application for authorization or permission for land use has undergone a preliminary deliberation pursuant to paragraph (2), the land use authorization and permission authority may fully or partially omit necessary deliberation by a committee.
(5) In cases prescribed by Presidential Decree, such as where any application for authorization or permission for land use is filed with the details inconsistent with those that have undergone preliminary deliberation, the relevant preliminary deliberation shall lose its effect; and if it is determined not to grant permission or approval for the land use as a result of the preliminary deliberation, the applicant shall be prohibited from reapplying for preliminary deliberation with the same details.
(6) An applicant for preliminary deliberation shall submit an application for authorization or permission for land use accompanied by all documents necessary for authorization or permission for land use, within two years from the date the outcomes of a preliminary deliberation is received; and if he/she fails to file an application within such period, the preliminary deliberation shall become null and void.
(7) A land use authorization and permission authority shall notify the relevant landowner of the current state of the application for preliminary deliberation, etc. within ten days from the date the application for preliminary deliberation is received, and the result of deliberation within ten days from the date the deliberation is completed, respectively.
(8) Except as otherwise expressly provided for in paragraphs (1) through (7), matters necessary for the subject matter, procedures, documents and notification of the result of a preliminary deliberation, and other relevant matters shall be prescribed by Presidential Decree.
 Article 10 (En Bloc Consultation)
(1) Where it is necessary to consult with the head of a related administrative agency, the Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a related institution, etc. in the course of authorizing or permitting a land use, a land use authorization and permission authority shall simultaneously commence all consultation processes related to the authorization or permission for land use of the relevant land: Provided, That where an applicant for authorization or permission for land use applies for separated or sequential consultations, his/her application shall be honored.
(2) Where a land use authorization and permission authority has requested an applicant for authorization or permission for land use to supplement any document related to authorization or permission fixing a deadline for submission, the consultation processes under paragraph (1) shall be advanced without delay when the relevant supplemented document is submitted.
 Article 11 (Period for Consultation, etc. on Authorization or Permission for Land Use)
(1) Except in extenuating circumstances, a land use authorization and permission authority, the heads of related administrative agencies and the heads of related institutions shall complete the process within the following period prescribed. In such cases, the period for supplementation of related documents required by the applicant for the authorization or permission for land use shall not be included in the relevant period:
1. Consultation with related institutions: Within ten days from the receipt of an application for authorization or permission for land use: Provided, That the period for permission for conversion of a mountainous district under Article 14 of the Mountainous Districts Management Act and the period for permission for temporary use of a mountainous district under Article 15-2 of the same Act shall not exceed 30 days;
2. Deliberation by the committee: Within 30 days from the date of the request for deliberation by the committee (including the period required to convene a meeting).
(2) No land use authorization and permission authority, head of a related administrative agency or head of a related institution shall request an applicant for authorization or permission for land use to supplement related documents or conduct re-deliberation, in excess of the following number of times:
1. Request for supplementation: Once (requests for re-supplementation of the same matter that needs supplementation shall not be counted in the number of times; and where related documents are not supplemented within the period for supplementation, the application for authorization or permission for land use may be returned);
2. Re-deliberation of the committee: Twice.
(3) Notwithstanding paragraphs (1) and (2), the period for consultation on environmental impact assessment, etc. under the Environmental Impact Assessment Act shall be governed by the Environmental Impact Assessment Act, and the supplementation of documents may be requested up to twice.
 Article 12 (Integrated Deliberation Committee)
(1) A land use authorization and permission authority may organize and operate an integrated deliberation committee which integrates all or some of the following committees in order to make prompt decisions on authorization and permission for land use: <Amended by Act No, 13433, Jul. 24, 2015; Act No. 13924, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017>
1. A local urban planning committee under Article 113 of the National Land Planning and Utilization Act;
2. A building committee established by a Mayor/Do Governor or the head of a Si/Gun/Gu under Article 4 (1) of the Building Act;
3. A landscape committee established under a local government under Article 29 of the Landscape Act;
4. A traffic impact assessment deliberation committee under Article 19 of the Urban Traffic Improvement Promotion Act;
5. A regional mountainous district management committee under Article 22 (2) of the Mountainous Districts Management Act;
6. A committee for predeliberation on factors influencing disasters established and operated by the Minister of the Interior and Safety under Article 4 (5) of the Countermeasures against Natural Disasters Act.
(2) A person who intends to apply for authorization or permission for a land use may request deliberation of the integrated deliberation committee to the land use authorization and permission authority when applying for the authorization or permission for land use, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the land use authorization and permission authority shall notify the requester of the matters prescribed by Presidential Decree, such as whether integrated deliberation will be conducted and the scope of the integrated deliberation, within ten days from the date of the request.
(3) An integrated deliberation committee shall deliberate on the following matters:
1. Matters concerning application for authorization and permission for land use under the Acts set forth in subparagraphs of Article 3;
2. Matters concerning preliminary deliberation;
3. Other matters referred to the integrated deliberation committee as deemed necessary by the land use authorization and permission authority.
(4) An integrated committee shall be comprised of not more than 20 members, including one chairperson and one vice chairperson.
(5) The chairperson of an integrated deliberation committee shall be elected by and from among its members, and the vice chairperson shall be nominated by the chairperson.
(6) Members of an integrated deliberation committee shall be recommended by the chairpersons of the committees prescribed in paragraph (1) from among members of the relevant committees.
(7) The resolution of a meeting of an integrated committee shall required the attendance of a majority of all incumbent members (attendance of at least one member of the committee related to authorization and permission for land use subject to deliberation is required) and concurrent votes of a majority of those present.
(8) If any matter is deliberated on by an integrated deliberation committee, it shall be deemed deliberated by the committees prescribed in paragraph (1).
(9) Except as otherwise expressly provided for in paragraphs (1) through (8), matters necessary for the composition, operation, etc. of the integrated deliberation committee shall be prescribed by Presidential Decree.
 Article 13 (Joint Coordination Meetings)
(1) In any of the following cases, a land use authorization and permission authority may hold a joint coordination meeting participated by public officials belonging to the related administrative agencies as prescribed by the Presidential Decree, in order to coordinate the disputes among related agencies:
1. Where an applicant for authorization or permission for land use applies for coordination;
2. Where decision-making is delayed beyond the period prescribed in Article 11 due to conflicting opinions among the agencies;
3. Other cases prescribed by Presidential Decree.
(2) A joint coordination meeting shall be held by a land use authorization and permission authority with the attendance of the public officials of the relevant administrative agencies that require coordination, and related civic experts may be required to attend the meeting if necessary.
(3) Where an applicant for authorization or permission for land use applies for coordination pursuant to paragraph (1) 1, the land use authorization and permission authority may require the applicant to attend a joint coordination meeting and present his/her opinion.
(4) A land use authorization and permission authority who intends to convene a joint coordination meeting shall notify the head of related administrative agencies of the date, time, venue and agenda for the meeting by no later than five days before the meeting. In such cases, any related administrative agency that fails to attend the meeting or submit its opinion shall be deemed to have accepted the result of the coordination without disagreement.
(5) Where any conflicting opinions of the related agencies are not coordinated despite joint coordination meetings held at least three times, the land use authorization and permission authority may file an application for coordination with the Committee to Coordinate Authorization and Permission for Land Use provided for in Article 14.
 Article 14 (Establishment of Committee to Coordinate Authorization and Permission for Land Use)
(1) For deliberation and coordination on matters requested by a land use authorization and permission authority pursuant to Article 13 (5), the Committee to Coordinate Authorization and Permission for Land Use (hereafter in this Article referred to as "Coordination Committee") shall be established under the Ministry of Land, Infrastructure and Transport.
(2) The Coordination Committee shall be comprised of not more than 20 members, including one chairperson and one vice chairperson.
(3) The chairperson and the vice chairperson of the Coordination Committee shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among its members.
(4) Members of the Coordination Committee shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among the following persons:
1. Public officials belonging to central administrative agencies prescribed by Presidential Decree, nominated by the head of the relevant agencies;
2. Persons recommended by the central administrative agencies prescribed by Presidential Decree from among persons with extensive knowledge and experience in the fields of urban planning, construction, environment, forest resources, agriculture, cultural assets, etc.
(5) Meetings of the Coordination Committee shall be convened by the chairperson, and resolution of a meeting shall require the attendance of a majority of all incumbent members and the consent of a majority of those present.
(6) The Coordination Committee may have subcommittees for efficient deliberation, and where the Coordination Committee resolves to adopt the result of deliberation by a subcommittee as the opinion of the Coordination Committee, the relevant deliberation shall be deemed conducted by the Coordination Committee.
(7) Where the Coordination Committee deems it inappropriate to coordinate a matter requested by a land use authorization and permission authority under Article 13 (5), it may return the relevant application for coordination.
(8) The Coordination Committee shall complete coordination within 30 days from the date to which an application for coordination is received, and shall notify the result of the coordination to the land use authorization and permission authority and administrative agencies related to the proposal of coordination. In such cases, the land use authorization and permission authority and the related administrative agencies shall follow the outcomes of the coordination.
(9) Requirements for the application for coordination to be filed by a land use authorization and permission authority and matters necessary for the composition and operation, procedures for coordination, etc. of the Coordination Committee and subcommittees shall be prescribed by Presidential Decree.
 Article 15 (Exclusive Center for Authorization and Permission for Land Use)
(1) A land use authorization and permission authority may establish and operate an exclusive center for authorization and permission for land use in order to perform or support the affairs related to authorization and permission for land use. In such cases, if no separate exclusive center for authorization and permission for land use is established, an existing department shall perform the affairs prescribed in paragraph (2).
(2) An exclusive center for authorization and permission for land use shall perform or support the following affairs:
1. Receipt of application documents for authorization and permission for land use;
2. Consultation with related administrative agencies and related institutions;
3. Provision of information to applicants for authorization and permission for land use, such as notification of the status of progress of authorization and permission for land use;
4. Provision of consulting and advice on authorization and permission for land use under Article 8;
5. Operation of integrated deliberation committees under Article 12 and joint coordination meetings under Article 13;
6. Operation and management of an integrated authorization and permission support system under Article 16;
7. Other affairs related to land authorization and permission for land use.
(3) An exclusive center for authorization and permission for land use shall have one head of the center and deploy public officials responsible for the affairs according to the Acts set forth in subparagraphs of Article 3, and the head of the center may operate a consultative group comprised of civilian experts, if necessary.
(4) Other matters necessary for the establishment, operation, etc. of an exclusive center for authorization and permission for land use shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.
(5) The State may fully or partially provide human resources and subsidize expenses incurred in establishing and operating an exclusive center for authorization and permission for land use.
 Article 16 (Integrated Authorization and Permission Support System)
(1) A land use authorization and permission authority shall establish and operate an integrated authorization and permission support system to perform the following functions:
1. Provision of information, including the statutes related to land use and the history of authorization and permission for land use;
2. Receipt of applications filed by applicants for authorization and permission for land use, and confirmation of the results thereof;
3. Support for consultation on affairs with related administrative agencies and related institutions;
4. Reporting on performance and conducting evaluation under Article 7;
5. Application for consulting and advice on authorization and permission for land use and notification of such result under Article 8;
6. Support for gathering consensus from residents under Article 17;
7. Other matters concerning the provision of information on authorization and permission for land use, improvement of procedures and support.
(2) A land use authorization and permission authority may have the functions prescribed in subparagraphs of paragraph (1) performed by separately establishing an integrated authorization and permission support system or by utilizing a national land use information system established under Article 12 of the Framework Act on the Regulation of Land Use.
(3) In establishing an integrated authorization and permission support system, a land use authorization and permission authority shall ensure it is used in conjunction with the electronic information processing system referred to in Article 32 (1) of the Building Act and the Factory Establishment Management Information System referred to in Article 6-2 of the Industrial Cluster Development and Factory Establishment Act.
(4) A land use authorization and permission authority shall provide an applicant with the outcomes of his/her application filed through an integrated authorization and permission support system by means of notification designated by the applicant, such as text transmission by mobile phone, electronic mail, document, or facsimile.
(5) Details of information managed through an integrated authorization and permission support system and matters necessary for providing information and handling affairs by utilizing it shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.
(6) The State may fully or partially provide human resources and subsidize expenses incurred in establishing and operating an integrated authorization and permission support system within the budgetary limits.
 Article 17 (Disclosure of Information and Gathering Consensus)
(1) Where a person interested in the matters related to authorization or permission for land use for which an application has been received, such as a local resident, requests to disclose meeting minutes (referring to a document stating the date, time, venue, agenda, content, outcomes, etc. of deliberation) of the following committees, the land use authorization and permission authority shall disclose it except for information subject to non-disclosure under Article 9 (1) of the Official Information Disclosure Act:
1. A local urban planning committee under Article 113 of the National Land Planning and Utilization Act;
2. A building committee established by a Mayor/Do Governor or the head of a Si/Gun/Gu under Article 4 (1) of the Building Act;
3. An integrated deliberation committee organized and operated by a land use authorization and permission authority under Article 12 (1).
(2) A land use authorization and permission authority who intends to gather consensus from local residents, etc. in connection with authorization or permission for land use for which an application is filed and received, may hold a public hearing or briefing session, or gather consensus by electronic means, etc.
(3) Matters necessary for the subject matters and methods for disclosure of information under paragraph (1), procedures and methods for gathering consensus under paragraph (2), and other relevant matters shall be prescribed by Presidential Decree.
 Article 18 (Provision of Public Data)
(1) Where a person who intends to use any land requests to provide public data (referring to the public data defined in subparagraph 2 of Article 2 of the Act on Promotion of the Provision and Use of Public Data), the State, a local government or a public institution (referring to a public institution defined in subparagraph 10 of Article 3 of the Framework Act on National Informatization) shall provide data held by the relevant agency or institution to allow the person who intends to use land to acquire data, etc. necessary for the authorization or permission for land use:
1. A topographical map;
2. A cadastral map;
3. Plans for development and preservation of land, such as the comprehensive national territorial plan, comprehensive Do plan, and urban or Gun plan;
4. Capacity of infrastructures, such as roads, and piped water facilities;
5. Other data prescribed by Presidential Decree.
(2) Procedures for providing public data and public data subject to non-disclosure shall comply with the provisions of the Act on Promotion of the Provision and Use of Public Data.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures)
(1) Matters for which procedures for authorization and permission for land use are pending in accordance with the existing statutes as at the time this Act enters into force, shall be governed by the former provisions.
(2) Notwithstanding paragraph (1), a person who has applied for authorization or permission for land use may reapply for the authorization or permission for land use under this Act, and in such cases, the previous application for authorization or permission for land use shall lose its effect.
ADDENDA <Act No. 13433, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13924, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Acts promulgated before this Act enters into force, but the enforcement dates of which have not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda shall enter into force on the respective enforcement dates of such Acts.
Articles 2 through 6 Omitted.