SPECIAL ACT ON BALANCED NATIONAL DEVELOPMENT
Act No. 7061, Jan. 16, 2004
Amended by Act No. 7848, Jan. 11, 2006
Act No. 8047, Oct. 4, 2006
Act No. 8050, Oct. 4, 2006
Act No. 8084, Dec. 26, 2006
Act No. 8160, Dec. 30, 2006
Act No. 8423, May 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8975, Mar. 21, 2008
Act No. 9051, Mar. 28, 2008
Act No. 9346, Jan. 30, 2009
Act No. 9629, Apr. 22, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10303, May 17, 2010
Act No. 10386, Jul. 23, 2010
Act No. 10653, May 19, 2011
Act No. 10898, Jul. 25, 2011
Act No. 11433, May 23, 2012
Act No. 11530, Dec. 11, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12161, Jan. 1, 2014
Act No. 12215, Jan. 7, 2014
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to redress imbalance between regions and enhance regional competitiveness and the quality of life of local residents by facilitating region-specific development and inter-regional connectivity and cooperation, thereby contributing to balanced development between regions. <Amended by Act No. 12215, Jan. 7, 2014>
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
The terms used in this Act shall be defined as follows: <Amended by Act No. 10653, May 19, 2011; Act No. 12215, Jan. 7, 2014>
| 1. | The term "regional development" means expanding the basis of citizen’s living by achieving balanced inter-regional development, taking into account region-specific characteristics based on autonomy and creativity, as well as improving the quality of life of citizens and strengthening regional competitiveness by invigorating regional economies; |
| 2. | The term "regional living sphere" means the sphere designated by Sis (including Special Metropolitan City, Metropolitan City, Special Self-Governing City and the administrative cities under Article 15 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Guns (including Guns in Metropolitan Cities; hereinafter the same shall apply) and Gus (referring to autonomous Gus; hereinafter the same shall apply) after consulting with neighboring Sis, Guns and Gus in order to expand the basis of living which is necessary to improve the quality of life of local residents, such as job opportunities, education, culture, welfare, housing, security and environment; |
| 3. | The term “economic cooperation sphere” means the sphere designated by Special Metropolitan City, Metropolitan City, Special Self-Governing City and Do, Self-Governing Province (hereinafter referred to as “Si/Do”) after consultations among themselves in order to promote a cooperative project in industry and transportation, etc. that is necessary for developing region’s economy and strengthening potential of growth; |
| 4. | “Region-specific industry” means the industry of Si/Do that is to be promoted by taking advantage of a region’s characteristics and conditions after being designated pursuant to Article 11 (1); |
| 5. | The term "economic cooperation sphere industry" means an industry in the economic cooperation sphere that significantly contributes to enhancing regional development and national competitiveness and that is designated pursuant to Article 11 (1); |
| 6. | The term "growth promotion area" means an area determined by Presidential Decree considering the status of its income, population, financial standing, etc. as requiring special support from the State and the relevant local government for the construction of infrastructure necessary to promote its economic and social growth, such as road and water supply system, as it has poor living conditions and is considerably underdeveloped; |
| 7. | The term "area requiring special support" means any of the following areas, which requires special supportive measures by administrative means, etc. from relevant central administrative agencies for a certain period, as it is placed in a structurally unfavorable condition due to the division of Korea, rapid economic or social changes, or any other reason; |
| (c) | Other areas determined by Presidential Decree as equivalent to the areas under items (a) and (b); |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 3 (Duties of State and Local Governments) |
The State and local governments shall secure budget required for promoting balanced development between regions and inter-regional connectivity and cooperation as well as formulating and promoting relevant measures. <Amended by Act No. 12215, Jan. 7, 2014>
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
CHAPTER II FIVE-YEAR REGIONAL DEVELOPMENT PLAN, ETC.
| Article 4 (Formulation of Five-Year Regional Development Plans) |
| (1) | The Government shall formulate a five-year regional development plan (hereinafter referred to as "regional development plan) every five years based on the sectoral development plan under Article 5 (1) and the Si/Do development plan under Article 7 (1) to promote inter-regional connectivity and cooperation and to enhance regional competitiveness. <Amended by Act No. 12215, Jan. 7, 2014> |
| (2) | A regional development plan shall include the followings: <Amended by Act No. 12215, Jan. 7, 2014> |
| 1. | Matters for the objectives of regional development; |
| 2. | Matters for expanding basis of lives of residents and enhancing regional development capacity; |
| 3. | Matters for invigorating regional economies, such as the fostering of regional industries and job creation; |
| 4. | Matters for improving conditions of education of the region, fostering regional human resources and promoting regional science and technology; |
| 5. | Matters for developing regional development hubs and expanding transport and logistics networks; |
| 6. | Matters for promoting regional culture/tourism and preserving environment; |
| 7. | Matters for expanding regional welfare, health and medical care; |
| 8. | Matters for promoting the development of growth promotion areas, areas requiring special support, non-urban areas, etc.; |
| 9. | Matters for relocating public institutions, etc. to provincial areas; |
| 10. | Matters for securing financial resources for investment; |
| 11. | Other matters necessary for regional development. |
| (4) | A regional development plan shall be approved by the President following the deliberation of the State Council. The same shall apply to alterations to the regional development plan that has already been formulated. |
| (5) | Matters necessary for a procedure for the formulation of a regional development plan, etc. shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 5 (Formulation of Sectoral Development Plans and Action Plans) |
| (1) | The head of a central administrative agency shall establish a sectoral development plan every five years after consulting with the heads of relevant central administrative agencies, Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do Governors and the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"). <Amended by Act No. 12215, Jan. 7, 2014> |
| (2) | When the head of a central administrative agency establishes the sectoral development plan under paragraph (1), he/she shall take into consideration the Si/Do development plan under Article 7 (1). <Amended by Act No. 12215, Jan. 7, 2014> |
| (3) | The head of a central administrative agency shall formulate and implement a sectoral action plan for regional development (hereinafter referred to as "sectoral actional plan") to implement the regional development plan. |
| (4) | The head of a central administrative agency shall submit the sectoral development plan, the results of promoting the sectoral action plan of the preceding year and the sectoral action plan of the relevant year to the Presidential Committee on Regional Development under Article 22 (hereinafter referred to as the "Presidential Committee on Regional Development") as prescribed by Presidential Decree. |
| (5) | Matters necessary for procedures for the formulation of a sectoral development plan, sectoral action plan, etc. shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 5-2 Deleted. <by Act No. 12215, Jan. 7, 2014> |
| Article 6 Deleted. <by Act No. 12215, Jan. 7, 2014> |
| Article 7 (Formulation of Si/Do Development Plans) |
| (1) | A Mayor/Do Governor shall, after consulting with the head of the relevant central administrative agency, formulate a Si/Do development plan (hereinafter referred to as "Si/Do plan") every five years to promote Si/Do-specific development and enhance the competitiveness of the relevant Si/Do. <Amended by Act No. 12215, Jan. 7, 2014> |
| (2) | Following matters shall be included in a Si/Do plan: <Newly Inserted by Act No. 12215, Jan. 7, 2014> |
Matters for objectives of development for each Si/Do;
Matters for analysis of current status and conditions of each Si/Do;
Matters for promoting industries, creating jobs, fostering human resources, promoting science and technology, promoting regional development hubs and expanding transport and logistics networks
Matters for fostering culture/tourism, preserving environment and expanding welfare, health and medical care;
Matters for a development plan for the relevant regional living sphere in accordance with Article 7-2; Matters for the connectivity, cooperation and development among Sis/Dos;
Matters for securing financial resources for investment;
Other matters necessary for the development of the Si/Do.
| (3) | The Mayor/Do Governor shall formulate a Si/Do development action plan (hereinafter referred to as "Si/Do action plan") each year to efficiently promote the relevant Si/Do plan. <Newly Inserted by Act No. 12215, Jan. 7, 2014> |
| (4) | A Mayor/Do Governor shall submit the results of promoting Si/Do action plans of the preceding year and the Si/Do action plan of the relevant year to the Presidential Committee on Regional Development and relevant central administrative agencies. <Newly Inserted by Act No. 12215, Jan. 7, 2014> |
| (5) | Matters necessary for a procedure for the formulation of the Si/Do plan and the Si/Do action plan, etc. shall be determined by Presidential Decree. <Newly Inserted by Act No. 12215, Jan. 7, 2014> |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 7-2 (Formulation of Regional Living Sphere Development Plans) |
| (1) | The head of Sis (including the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Major of a Special Self-Governing City and the head of an administrative city under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Guns (including the head of a Gun in a Metropolitan City; hereinafter the same shall apply) and Gus (referring to the head of a Self-Governing Gu; hereinafter the same shall apply) may jointly formulate a regional living sphere development plan (hereinafter referred to as “regional living sphere plan”) for the region-specific development of the relevant regional living sphere and enhancement of the quality of life of local residents. In such cases, the Government and the Mayor/Do Governor may support the established regional living sphere plan within their budgetary limits <Amended by Act No. 12215, Jan. 7, 2014> |
| (2) | When a regional development plan and Si/Do plan are confirmed, the Government and a Mayor/Do Governor may request the head of the relevant Si/Gun/Gu to revise or supplement their regional living sphere plan accordingly. <Amended by Act No. 12215, Jan. 7, 2014> |
[This Article Newly Inserted by Act No. 9629, Apr. 22, 2009]
| Article 8 (Consultation and Coordination on Action Plans) |
When the implementation of a sectoral action plan of another central administrative agency or a Si/Do action plan of another Si/Do is deemed to impede or be likely to impede the implementation of an action plan of any central administrative agency or Si/Do, the head of the central administrative agency or a Mayor/Do Governor shall consult or coordinate with such another central administrative agency or Si/Do, as prescribed by Presidential Decree. In such cases, the Presidential Committee on Regional Development may present a relevant opinion to the head of the relevant central administrative agency or Mayor/Do Governor. <Amended by Act No. 12215, Jan. 7, 2014>
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 9 (Assessment of Action Plans) |
| (1) | The Presidential Committee on Regional Development shall assess the results of promoting a sectoral action plan, Si/Do action plan, etc. every year. <Amended by Act No. 12215, Jan. 7, 2014> |
| (2) | Matters necessary for the criteria and procedure for, method of assessment, etc. under paragraph (1) shall be determined by Presidential Decree. |
| (3) | The Presidential Committee on Regional Development may have an advisory team for the assessment of a regional development project to perform the duty of assessment under paragraph (1) and may designate and operate a specialized institution for assessment to support such duty. |
| (4) | Matters necessary for establishing an advisory team for the assessment of a regional development project and the designation and operation of a specialized institution for assessment under paragraph (3) shall be determined by Presidential Decree. |
| (5) | Deleted. <by Act No. 12215, Jan. 7, 2014> |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
CHAPTER III PROMOTION OF REGIONAL DEVELOPMENT POLICY
| Article 10 (Expanding Basis of Lives of Residents and Strengthening Regional Development Capacity) |
| (1) | In order to ensure the expansion of the basis of lives of residents and strengthening of regional development capacity in terms of regional conditions and characteristics, the State and local governments shall systematically promote policies on the following matters: <Amended by Act No. 12215, Jan. 7, 2014> |
| 1. | Matters for expanding the basis of lives of residents and promoting the connectivity between a region and its neighboring local community; |
| 2. | Matters for improving the competitiveness of Si/Do and the economic cooperation sphere; |
| 3. | Matters for win-win development between the Seoul Metropolitan Area and provincial areas, by considering analysis of the influences of development of the Seoul Metropolitan Area. |
| (2) | When promoting policies under paragraph (1), the State and local governments shall systematically connect relevant sectors such as fostering of regional industries and human resources, promotion of science and technology, expansion of transport and logistics networks, fostering culture and tourism, preservation of environment, expansion of welfare, health and medical care, in consideration of their sustainability, and expand financial support and deregulation for relevant sectors. <Amended by Act No. 12215, Jan. 7, 2014> |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 11 (Invigoration of Regional Economies, including Fostering of Regional Industries and Job Creation, etc.) |
| (1) | Any Mayor/Do Governor may designate the industries that satisfy the following conditions as region-specific industries of the relevant Si/Do and economic cooperation sphere industries of the relevant economic cooperation sphere after consulting with the head of a relevant central administrative agency and the head of a Si/Gun/Gu under his/its jurisdiction: <Amended by Act No. 12215, Jan. 7, 2014> |
| 1. | An industry with a high level of contribution to the growth potential and economic growth of the State; |
| 2. | An industry that plays a central role in creating jobs and strengthening competitiveness of the relevant region; |
| 3. | An industry capable of strengthening the growth potential of the relevant region. |
| (2) | In order to foster region-specific industries and economic cooperation sphere industries, the State and local governments shall promote policies on the following matters: <Amended by Act No. 12215, Jan. 7, 2014> |
| 1. | Advancement of the structure of region-specific industries and economic cooperation sphere industries and attraction of investments; |
| 2. | Clustering and invigoration of region-specific industries and economic cooperation sphere industries; |
| 3. | Expansion of infrastructure for the development of region-specific industries and economic cooperation sphere industries; |
| 4. | Expansion of infrastructure for industrial sites, etc. needed to foster region-specific industries and economic cooperation sphere industries; |
| 5. | Other matters necessary for fostering region-specific industries and economic cooperation sphere industries. |
| (3) | In order to foster regional industries and invigorate regional economies, the State and local governments shall promote policies on the following matters: <Amended by Act No. 12215, Jan. 7, 2014> |
| 1. | Improvement of conditions for establishing small and medium enterprises suited to regional characteristics; |
| 2. | Facilitation of regional informatization and promotion of information and communications; |
| 3. | Creation of job opportunities in the relevant region and support for activities for the attraction of investments by domestic and foreign companies; |
| 4. | Support for industries suited to regional characteristics and exchange and cooperation between relevant institutions; |
| 5. | Other matters necessary for fostering regional industries, such as activation of investments by the industries in the relevant region. |
| (4) | Matters necessary for promoting policies for the fostering of regional industries and invigorating regional economies under paragraphs (2) and (3) and the procedure therefor shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 12 (Improving Regional Educational Conditions, Fostering of Human Resources and Promoting Science and Technology) |
| (1) | In order to ensure improvement of the regional educational conditions and fostering of outstanding workforce necessary for regional development, the State and local governments shall promote policies on the following matters: <Amended by Act No. 12215, Jan. 7, 2014> |
| 3. | Granting preference, in admission to graduate schools of local universities, to the graduates or candidates for graduation of the local universities, and encouraging employment of local university graduates such as granting preference in employment by the State, local governments, public institutions, etc.; |
| 4. | Support for the settlement of distinguished local university graduates in the relevant region; |
| 5. | Specialization of local universities, strengthening of education/research capacity of the graduate schools of local universities and strengthening of university-industry-institute cooperation; |
| 7. | Other matters necessary for improving local educational conditions and developing regional human resources. |
| (2) | In order to promote science and technology needed for regional development, the State and local governments shall promote policies on the following matters: |
| 1. | Fostering of research and educational institutions for science and technology of the relevant region; |
| 2. | Facilitation of research and development for regional development; |
| 3. | Improvement of regional scientific and technical capabilities, such as expansion of research and development human resources; |
| 4. | Other matters necessary for promoting science and technology of the relevant region. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 13 Deleted. <by Act No. 9629, Apr. 22, 2009> |
| Article 14 (Fostering of Regional Development Hubs and Expansion of Transport and Logistics Networks) |
In order to foster regional development hubs needed for the facilitation of regional development and inter-regional cooperation and expand transport and logistics networks, the State and local governments shall promote policies on the following matters:
| 3. | Expansion of regional transport and logistics networks such as roads and railways to strengthen connectivity between regional development hubs. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 15 (Fostering of Regional Culture and Tourism and Preservation of Environment) |
In order to foster regional culture and tourism and preserve environment, the State and local governments shall promote policies on the following matters: <Amended by Act No. 12215, Jan. 7, 2014>
| 1. | Development and creation of infrastructure for cultural and tourism resources of the relevant region; |
| 2. | Fostering of professional human resources related to culture and tourism of the relevant region; |
| 3. | Revitalization of cultural and tourism industries of the relevant region; |
| 4. | Resolving cultural gap between regions; |
| 5. | Restoration of regional ecological system, preservation and utilization of natural environment; |
| 6. | Other matters necessary for fostering the regional culture and tourism and preserving the environment of the relevant region. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 15-2 (Expansion of Regional Welfare, Health and Medical Care) |
The State and local governments shall promote measures on the following matters, in order to expand welfare, health and medical care of the relevant region:
| 1. | Matters for establishment of the welfare delivery system that reflects regional characteristics; |
| 2. | Matters for establishment of a public health care delivery system and an emergency medical service system and quality improvement thereof for the areas that are vulnerable to health and medical service; |
| 3. | Matters for expansion of health improvement, health management services and social services for the relevant local community; |
| 4. | Matters for fostering medical personnel within the relevant local community; |
| 5. | Matters for expanding and organizing local health and medical institutes; |
| 6. | Other matters necessary for expanding welfare, health and medical care. |
[This Article Newly Inserted by Act No. 12215, Jan. 7, 2014]
| Article 16 (Development of Growth Promotion Areas, etc.) |
In order to improve the living conditions in growth promotion areas, areas requiring special support, non-urban areas, etc. and to achieve regional development unique to the region concerned, the State and local governments shall promote policies on the following matters :
| 1. | Expansion of infrastructure such as transport networks; |
| 2. | Expansion of foundation for the creation of residents' income; |
| 3. | Development and utilization of local specialties unique to the region concerned; |
| 4. | Improvement of urban environments and promotion of education, medical service and welfare; |
| 5. | Other matters necessary for the development of growth promotion areas, areas requiring special support, non-urban areas, etc. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 17 Deleted. <by Act No. 9629, Apr. 22, 2009> |
| Article 18 (Relocation of Public Institutions to Provincial Areas) |
| (1) | The Government shall promote policies for the relocation of public institutions to provincial areas (hereinafter referred to as "relocation policies for public institutions") to relocate public institutions located in the Seoul Metropolitan Area as provided for by Presidential Decree (hereafter referred to as "public institution subject to relocation" in this Article) to provincial areas (referring to relocation to areas other than the Seoul Metropolitan Area; hereinafter the same shall apply) by phases. |
| (2) | The Government shall take the following matters into account when promoting relocation policies for public institutions: |
| 1. | Local governments' plans to attract public institutions and support thereto; |
| 2. | Relocation plans for each public institution subject to relocation; |
| 3. | Other matters necessary for regional development. |
| (3) | According to relocation policies for public institutions, the heads of relevant central administrative agencies, heads of local governments and heads of public institutions subject to relocation shall take measures necessary for the relocation of public institutions, such as formulation of relocation plans specific to the public institutions concerned. |
| (4) | When a public institution relocates to a provincial area, the State and local governments may provide financial and administrative support and support for improvement of living conditions, etc. to such public institution and the employees thereof. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 19 (Relocation of Companies and Universities to Provincial Areas) |
| (1) | When a company located in the Seoul Metropolitan Area as provided for by Presidential Decree in view of overpopulation, industrial positioning, industrial clustering, etc. for each Si/Gun/Gu relocates to a provincial area, the State and local governments may support such company by financial and administrative means, etc. |
| (2) | When a university located in the Seoul Metropolitan Area (excluding growth promotion areas and areas requiring special support) relocates to a provincial area, the State and local governments may support such university by financial and administrative means, etc. |
| (3) | Detailed matters such as the objects of and procedure for support under paragraphs (1) and (2) shall be provided for by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 20 (Conclusion, etc. of Regional Development Investment Agreement) |
| (1) | For the purpose of a joint promotion of the projects for regional development by the State and a local government or by different local governments, the State and local governments may conclude a regional development investment agreement that includes details of the projects, allocation of investment, etc. (hereinafter referred to as "regional development investment agreement"). |
| (2) | In order to promote projects under a regional development investment agreement, the State and local governments shall take measures to perform the agreement, such as compilation of the necessary budget. |
| (3) | Matters necessary for the conclusion of a regional development investment agreement, etc. shall be provided for by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 21 (Annual Reports on Regional Development Plans) |
| (1) | The Government shall prepare a report on the major measures that are taken under regional development policy of the preceding year and submit it to the National Assembly before the opening of its regular session each year. |
| (2) | A report under paragraph (1) shall include the followings: <Amended by Act No. 12215, Jan. 7, 2014> |
| 1. | Formulation and management of a regional development plan; |
| 2. | Measures that have been promoted or to be promoted for regional development; |
| 3. | Current status of invigoration of regional economies, such as fostering regional industries and creating jobs; |
| 4. | Current status of improvement of regional educational conditions, fostering of regional human resources and promotion of regional science and technology; |
| 5. | Current status of fostering of regional development hubs and expansion of transport and logistics networks; |
| 6. | Current status of fostering of regional culture and tourism and preserving of regional environment; |
| 7. | Current status of expansion of regional welfare, health and medical care; |
| 8. | Current status of development of growth promotion areas, areas requiring special support, non-urban areas, etc.; |
| 9. | Current status of relocation of public institutions, etc. to provincial areas; |
| 10. | Other important matters necessary for regional development. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
CHAPTER IV PRESIDENTIAL COMMITTEE ON REGIONAL DEVELOPMENT, ETC.
| Article 22 (Establishment of Presidential Committee on Regional Development) |
| (1) | The Presidential Committee on Regional Development shall be established under the control of the President to respond to requests for advice by the President on major policies for the efficient promotion of regional development. |
| (2) | The Presidential Committee on Regional Development shall deliberate on the following matters: <Amended by Act No. 12215, Jan. 7, 2014> |
| 1. | Matters for the basic directions of regional development and coordination of related policies; |
| 2. | Matters for regional development planning; |
| 3. | Matters for sectoral development plans and sectoral action plans; |
| 4. | Matters for the Si/Do plan and Si/Do action plan; |
| 5. | Matters for the examination, analysis, assessment and adjustment of regional development policies and regional development projects; |
| 6. | Matters for conclusion and performance of regional development investment agreements; |
| 7. | Matters for managing the special accounts on regional development; |
| 8. | Matters for relocating public institutions, etc. to provincial areas; |
| 9. | Matters for win-win development of the Seoul Metropolitan area and provincial areas; |
| 10. | Matters for development and management of the index for regional development; |
| 11. | Other necessary matters brought by the Chairperson to the Committee for deliberation concerning regional development. |
| (3) | Where deemed necessary for effectively implementing matters subject to deliberation under paragraph (2), the Presidential Committee on Regional Development may present its opinion to the head of the relevant central administrative agency and monitor the status of promotion thereof. <Newly Inserted by Act No. 12215, Jan. 7, 2014> |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 23 (Organization of Presidential Committee on Regional Development) |
| (1) | The Presidential Committee on Regional Development shall be comprised of not more than 31 members including one Chairperson, and its members shall be comprised of ex officio members and commissioned members. <Amended by Act No. 12215, Jan. 7, 2014> |
| (2) | Ex officio members shall be the Minister of Strategy and Finance, the Minister of Science, ICT and Future Planning, the Minister of Education, the Minister of Security and Public Administration, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, and the heads of other central administrative agencies prescribed by Presidential Decree. <Act No. 11690, Mar. 23, 2013; Act No. 12215, Jan. 7, 2014> |
| (3) | Commissioned members shall be selected by the President, from among the following persons: |
| 2. | A person with the competent knowledge and experience in regional development; |
| (4) | The Chairperson shall be commissioned by the President from among commissioned members. |
| (5) | The number of commissioned members shall not exceed 20, and the majority of them shall maintain their domiciles in an area other than the Seoul Metropolitan Area for at least one year as at the date of commissioning. |
| (6) | The term of office of commissioned members shall be two years and they may be recommissioned consecutively: Provided, That the term of office of members newly commissioned due to the resignation of other members, etc. shall be the remaining term of office of the predecessor. |
| (7) | The Presidential Committee on Regional Development shall have one executive secretary, who shall be the head of the Executive Office of the Presidential Committee on Regional Development under Article 26. |
| (8) | Matters necessary for organization, operation, etc. of the Presidential Committee on Regional Development shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 24 (Requests for Cooperation to Relevant Institutions, etc.) |
If necessary to carry out its duties, the Presidential Committee on Regional Development may require relevant public officials or experts to attend its meetings and present their opinions, or require relevant institutions, corporations, organizations, etc. to provide necessary cooperation, such as submission of materials and presentation of opinions.
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 25 (Requests for Dispatch of Officers and Employees, etc.) |
| (1) | When necessary for performing its duties, the Presidential Committee on Regional Development may require any relevant administrative agency or relevant institution, corporation, organization, etc. to dispatch its public officials or officers and employees or to have them concurrently hold an office. |
| (2) | When necessary for performing its duties, the Presidential Committee on Regional Development may employ experts in related fields as public officials in a fixed-term position under Article 26-5 of the State Public Officials Act. <Amended by Act No. 11530, Dec. 11, 2012> |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 26 (Executive Office of Presidential Committee on Regional Development) |
| (1) | The Executive Office of the Presidential Committee on Regional Development shall be established under the authority of the Presidential Committee on Regional Development to handle the administrative affairs of the Presidential Committee on Regional Development. |
| (2) | Matters necessary for the organization and operation of the Executive Office of the Presidential Committee on Regional Development shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 27 (Office of Presidential Committee on Regional Development Affairs) |
| (1) | The Office of Presidential Committee on Regional Development Affairs may be established under the control of the Ministry of Trade, Industry and Energy (hereinafter referred to as "Office of Presidential Committee on Regional Development Affairs") and regional development teams under the control of central administrative agencies (including agencies under the control of the President and agencies under the control of the Prime Minister) to support the affairs of the Executive Office of the Presidential Committee on Regional Development and to assist Mayor/Do Governor in efficiently formulating and implementing Si/Do plans for each economic region. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12215, Jan. 7, 2014> |
| (2) | The Office of Presidential Committee on Regional Development Affairs shall prepare an annual report under Article 21 after consultations with relevant central administrative agencies and the Presidential Committee on Regional Development, etc. |
| (3) | Matters necessary for organizing and operating the Office of Presidential Committee on Regional Development Affairs shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 28 Deleted. <by Act No. 12215, Jan. 7, 2014> |
| Article 29 (Establishment of Si/Do Living Spheres Development Council) |
| (1) | In order to consult on and coordinate important matters concerning region-specific development of a Si/Do and living spheres, the Mayor/Do Governor may establish a Si/Do living sphere development council. <Amended by Act No. 12215, Jan. 7, 2014> |
| (2) | Matters necessary for organizing and operating, etc. of the Si/Do living sphere development council pursuant to paragraph (1) shall be determined by Presidential Decree. <Amended by Act No. 12215, Jan. 7, 2014> |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
CHAPTER V SPECIAL ACCOUNTS ON REGIONAL DEVELOPMENT
| Article 30 (Establishment of Special Accounts on Regional Development) |
In order to support region-specific development according to regional characteristics and comparative advantages and to efficiently promote the projects to enhance quality of residents’ lives and regional competitiveness, special accounts on regional development (hereinafter referred to as "accounts") shall be established. <Amended by Act No. 12215, Jan. 7, 2014>
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 31 (Management and Operation of Accounts) |
| (1) | The Accounts shall be managed and operated by the Minister of Strategy and Finance. |
| (2) | Budget for the Accounts may be shared among organizations of central administrative agencies. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 32 (Division of Accounts) |
The Accounts shall be divided into a regional development account, economic region development account and a Jeju Special Self-Governing Province account.
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 32 (Division of Accounts) |
The Accounts shall be divided into the account for basis of living, the economic development account and the Jeju Special Self-Governing Province account. <Amended by Act No. 12215, Jan. 7, 2014>
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 33 (Property Belonging to Accounts) |
| (1) | The following land shall be classified as property belonging to the economic region development account of the Accounts: |
| 3. | Other land attributed to the Accounts as property belonging thereto under other Acts. |
| (2) | Notwithstanding the provisions of Article 31 (1), the property of accounts under paragraph (1) shall be managed and operated by the heads of relevant central administrative agencies. |
| (3) | The heads of relevant central administrative agencies under paragraph (2) may lease (including lending for free), or exchange, transfer, sell, or otherwise dispose of the property belonging to accounts under paragraph (1), as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 33 (Property Belonging to Accounts) |
| (1) | The following land shall be classified as property belonging to the economic development account of the Accounts: <Amended by Act No. 12215, Jan. 7, 2014> |
| 3. | Other land attributed to the Accounts as property belonging thereto under other Acts. |
| (2) | Notwithstanding the provisions of Article 31 (1), the property of the accounts under paragraph (1) shall be managed and operated by the heads of relevant central administrative agencies. |
| (3) | The heads of relevant central administrative agencies under paragraph (2) may lease (including lending for free), or exchange, transfer, sell, or otherwise dispose of the property belonging to the accounts under paragraph (1), as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 34 (Revenues and Expenditures of the Account for Basis of Living) |
| (1) | The revenues of the regional development account of the Accounts shall be as follows: |
| 1. | Amount equivalent to 40% of the liquor tax under the Liquor Tax Act; |
| 6. | Fund transferred from general accounts or other special accounts; |
| 7. | Fund transferred from the economic region development account and Jeju Special Self-Governing Province account of the Accounts; |
| 8. | Principal and interest of loans under paragraph (2) 7; |
| 11. | Surplus remaining after the settlement of accounts of the preceding year under Article 45; |
| 12. | Other incomes attributed to the Accounts under other Acts. |
| (2) | Expenditures from the regional development project account of the Accounts shall be as follows: <Amended by Act No. 10386, Jul. 23, 2010; Act No. 10653, May 19, 2011; Act No. 11433, May 23, 2012> |
| 1. | Subsidization for the following projects undertaken by local governments: |
| (a) | In relation to the expansion of living infrastructure of daily living spheres, development projects of growth promotion areas, areas requiring special support, non-urban areas, etc., which are conducted by integrating the following matters: |
| (ii) | Matters for fostering of small local towns under the Act on Assistance to the Development of Small Local Towns; |
| (iii) | Matters for development of border areas under the Special Act on Support for Border Area; |
| (iv) | Matters for rearrangement of the living environments of agricultural and fishing villages, creation of country-side villages, and development of water for domestic and agricultural use in agricultural villages under the Rearrangement of Agricultural and Fishing Villages Act; |
| (v) | Matters for development of agricultural and fishing villages under the Special Act on Quality Improvement of Life of Farmers and Fishermen and Development Promotion of Agricultural and Fishing Villages; |
| (viii) | Matters for improvement of urban environments under the Act on the Maintenance and Improvement of Urban and Residential Environments; |
| (xi) | Matters for plans on specialized development of fishing villages under the Special Act on Supporting the Development of Special Fisheries; |
| (b) | Projects related to the expansion and improvement of local infrastructure; |
| (c) | Projects related to the development and expansion of regional cultural, artistic, athletic and tourism resources; |
| (d) | Projects for the creation of industrial infrastructure, such as expansion of regional logistics and distribution infrastructure; |
| (e) | Projects for the development and utilization of local specialties unique to a region; |
| (f) | Other projects subsidized by local governments, excluding those determined by Presidential Decree. |
| 2. | Expenses incurred in conducting research and survey projects to facilitate regional development; |
| 4. | Redemption of the principal and interest of temporary loans under Article 37 (1); |
| 5. | Expenses incurred in managing and operating the account; |
| 6. | Fund transferred to the economic region development account and Jeju Special Self-Governing Province account of the Accounts; |
| 7. | Other support for expenses incurred in undertaking projects related to regional development as determined by Presidential Decree, by means of loans, etc. |
| (3) | Matters necessary for the objects and conditions of loans and the procedures therefor under paragraph (2) 7 shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 34 (Revenues and Expenditures of Regional Development Account) |
| (1) | The revenues of the account for basis of living of the Accounts shall be as follows: <Amended by Act No. 12215, Jan. 7, 2014> |
| 1. | The amount equivalent to 40% of the liquor tax under the Liquor Tax Act; |
| 6. | Fund transferred from the general accounts or other special accounts; |
| 7. | Fund transferred from the economic development account and the Jeju Special Self-Governing Province account of the Accounts; |
| 8. | Principal and interest of loans under paragraph (2) 7; |
| 11. | Surplus remaining after the settlement of accounts of the preceding year under Article 45; |
| 12. | Other incomes attributed to the Accounts under other Acts. |
| (2) | Expenditures from the account for basis of living of the Accounts shall be as follows: <Amended by Act No. 10386, Jul. 23, 2010; Act No. 10653, May 19, 2011; Act No. 11433, May 23, 2012; Act No. 12215, Jan. 7, 2014> |
| 1. | Subsidization for the following projects undertaken by local governments: |
| (a) | In relation to the expansion of living infrastructure of the regional living sphere, development projects of growth promotion areas, areas that require special support, non-urban areas and areas that require enhancement of urban vitality, etc., which are conducted by integrating the following matters: |
| (ii) | Matters for fostering small local towns under the Act on Assistance to the Development of Small Local Towns; |
| (iii) | Matters for development border areas under the Special Act on Support for Border Area; |
| (iv) | Matters for rearrangement of the living environments of agricultural and fishing villages, creation of country-side villages, and development of water for domestic and agricultural use in agricultural villages under the Rearrangement of Agricultural and Fishing Villages Act; |
| (v) | Matters for development of agricultural and fishing villages under the Special Act on Quality Improvement of Life of Farmers and Fishermen and Development Promotion of Agricultural and Fishing Villages; |
| (viii) | Matters for improvement of urban environments under the Act on the Maintenance and Improvement of Urban and Residential Environments; |
| (xi) | Matters for plans on specialized development of fishing villages under the Special Act on Supporting the Development of Special Fisheries; |
| (b) | Projects related to the expansion and improvement of local infrastructure; |
| (c) | Projects related to the development and expansion of regional cultural, artistic, athletic and tourism resources; |
| (d) | Projects for the creation of industrial infrastructure, such as expansion of regional logistics and distribution infrastructure; |
| (e) | Projects for the development and utilization of local specialties unique to a region; |
| (f) | Other projects subsidized by local governments, excluding the ones determined by Presidential Decree. |
| 2. | Expenses incurred in conducting research and survey projects to facilitate regional development; |
| 4. | Redemption of the principal and interest of temporary loans under Article 37 (1); |
| 5. | Expenses incurred in managing and operating the account; |
| 6. | Fund transferred to the economic development account and the Jeju Special Self-Governing Province account of the Accounts; |
| 7. | Other support for expenses incurred in undertaking projects related to regional development as determined by Presidential Decree, by means of loans, etc. |
| (3) | Matters necessary for the objects and conditions of loans and the procedures therefor under paragraph (2) 7 shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 35 (Revenues and Expenditures of Economic Development Account) |
| (1) | Revenues of the economic region development account of the Accounts shall be as follows: |
| 6. | Fund transferred from general accounts or other special accounts; |
| 7. | Fund transferred from the regional development account and Jeju Special Self-Governing Province account of the Accounts; |
| 8. | Principal and interest of loans under paragraph (2) 1 through 7 and 16; |
| 10. | Surplus remaining after the settlement of accounts of the preceding year under Article 45; |
| 11. | Rental payments and proceeds from sale of the property belonging to the Accounts under Article 33 (1); |
| 12. | Other incomes attributed to the Accounts under other Acts. |
| (2) | Expenditures from the economic region development account of the Accounts shall be as follows: |
| 1. | Contributions, subsidies or loans for projects related to the expansion of transport and logistics networks for the activation of economic regions and strengthening of regional competitiveness; |
| 2. | Contributions, subsidies or loans for projects related to the fostering of regional leading industries and regional strategic industries of economic regions and facilitation of the creation of investments and job opportunities; |
| 3. | Contributions, subsidies or loans for projects related to the improvement of competitiveness of local universities belonging to economic regions and development of regional human resources; |
| 4. | Contributions, subsidies or loans for projects related to the promotion and specialization of science and technology of economic regions; |
| 5. | Support for expenses incurred in relation to projects for the relocation of facilities inducing population concentration to provincial areas, such as public institutions, companies and universities, by means of loans, etc.; |
| 6. | Contributions, subsidies or loans for facilitating the fostering of tourism resources belonging to economic regions and supporting cultural and athletic activities, etc.; |
| 7. | Contributions, subsidies or loans for major growth hubs of economic regions; |
| 8. | Expenses incurred in performing a duty to relocate special local administrative agencies to provincial areas in accordance with relevant Acts and subordinate statutes; |
| 10. | Expenses incurred in implementing research and survey projects to revitalize economic regions and strengthen regional competitiveness; |
| 12. | Expenses incurred in managing and operating the property under Article 37 (1); |
| 13. | Redemption of the principal and interest of temporary loans under Article 37 (1); |
| 14. | Expenses incurred in managing and operating the account; |
| 15. | Fund transferred to the regional development account and Jeju Special Self-Governing Province account of the Accounts; |
| 16. | Subsidization of expenses incurred in undertaking regional development projects focusing on economic regions as determined by Presidential Decree, by means of loans, etc. |
| (3) | Matters necessary for the objects and conditions of loans and the procedures therefor under paragraph (2) 1 through 7 and 16 shall be determined by Presidential Decree. |
| (4) | In connection with paragraph (2) 8, the State shall support a relevant local government with all expenses incurred in performing the duty to relocate special local administrative agencies to provincial areas under relevant Acts and subordinate statutes. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 35 (Revenues and Expenditures of Economic Region Development Account) |
| (1) | The revenues of the economic development account of the Accounts shall be as follows: <Amended by Act No. 12215, Jan. 7, 2014> |
| 6. | Fund transferred from general accounts or other special accounts; |
| 7. | Fund transferred from the account for basis of living and the Jeju Special Self-Governing Province account of the Accounts; |
| 8. | Principal and interest of loans under paragraph (2) 1 through 7 and 16; |
| 10. | Surplus remaining after the settlement of accounts of the preceding year under Article 45; |
| 11. | Rental payments and proceeds from sale of the property belonging to the Accounts under Article 33 (1); |
| 12. | Other incomes attributed to the Accounts under other Acts. |
| (2) | Expenditures from the economic development account of the Accounts shall be as follows: <Amended by Act No. 12215, Jan. 7, 2014> |
| 1. | Contributions, subsidies or loans for projects related to the expansion of transport and logistics networks for the invigoration of economic cooperation spheres and strengthening of regional competitiveness; |
| 2. | Contributions, subsidies or loans for projects related to the fostering of region-specific industries and economic cooperation sphere industries and facilitation of the creation of investments and job opportunities; |
| 3. | Contributions, subsidies or loans for projects related to the improvement of competitiveness of local universities and development of regional human resources; |
| 4. | Contributions, subsidies or loans for projects related to the promotion and specialization of science and technology of the relevant regions; |
| 5. | Subsidization of expenses incurred in relation to projects for the relocation of facilities that induce population concentration to provincial areas, such as public institutions, companies and universities, by means of loans, etc.; |
| 6. | Facilitating the fostering of culture and tourism resources of the relevant regions and contributing, subsiding or extending loans for environment-preservation projects, etc.; |
| 7. | Contributions, subsidies or loans for major growth hubs of the relevant regions; |
| 8. | Expenses incurred in performing the duties to relocate special local administrative agencies to provincial areas in accordance with relevant Acts and subordinate statutes; |
| 10. | Expenses incurred in implementing research and survey projects to activate economic cooperation spheres and strengthen regional competitiveness; |
| 12. | Expenses incurred in managing and operating the property under Article 37 (1); |
| 13. | Redemption of the principal and interest of temporary loans under Article 37 (1); |
| 14. | Expenses incurred in managing and operating the account; |
| 15. | Fund transferred to the account for basis of living and the Jeju Special Self-Governing Province account of the Accounts; |
| 16. | Subsidization of expenses incurred in undertaking regional development projects as determined by Presidential Decree, by means of loans, etc. |
| (3) | Matters necessary for the objects and conditions of loans and the procedures therefor under paragraph (2) 1 through 7 and 16 shall be determined by Presidential Decree. |
| (4) | With respect to paragraph (2) 8, the State shall support a relevant local government with all expenses incurred in performing the duties to relocate special local administrative agencies to provincial areas under relevant Acts and subordinate statutes. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 35-2 (Revenues and Expenditures of Jeju Special Self-Governing Province Account) |
| (1) | Revenues of the Jeju Special Self-Governing Province account of the Accounts shall be as follows: |
| 1. | Fund transferred from general accounts or other special accounts; |
| 2. | Fund transferred from the regional development account and economic region development account of the Accounts; |
| 4. | Surplus remaining after the settlement of accounts of the preceding year under Article 45; |
| 5. | Other incomes attributed to the Accounts under other Acts. |
| (2) | Expenditures from the Jeju Special Self-Governing Province account of the Accounts shall be as follows: |
| 1. | Contributions, subsidies or loans, etc. specified in each of the following items for Jeju Special Self-Governing Province; |
| (a) | Subsidies and support under Article 34 (2) 1 (excluding item (f)) and 7; |
| (b) | Contributions, subsidies, loans, support, etc. under Article 35 (2) 1 through 7, 9, 10 and 16; |
| (c) | Other subsidizations of a local government, excluding the projects determined by Presidential Decree. |
| 2. | The amount equivalent to expenses incurred in performing the duty to relocate special local administrative agencies in accordance with the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of the Free International City and labor costs for policemen to be transferred to autonomous police officers, and part of the operating expenses thereof; |
| 3. | Redemption of the principal and interest of temporary loans under Article 37 (1); |
| 4. | Fund transferred to the regional development account and economic region development account of the Accounts; |
| 5. | Other expenses incurred in managing and operating the account. |
| (3) | Matters necessary for the objects and conditions of loans and the procedures therefor under paragraph (2) 1 shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 35-2 (Revenues and Expenditures of Jeju Special Self-Governing Province Account) |
| (1) | The revenues of the Jeju Special Self-Governing Province account of the Accounts shall be as follows: <Amended by Act No. 12215, Jan. 7, 2014> |
| 1. | Fund transferred from the general accounts or other special accounts; |
| 2. | Fund transferred from the account for basis of living and economic development account of the Accounts; |
| 4. | Surplus remaining after the settlement of accounts of the preceding year under Article 45; |
| 5. | Other incomes attributed to the Accounts under other Acts. |
| (2) | Expenditures from the Jeju Special Self-Governing Province account of the Accounts shall be as follows: <Amended by Act No. 12215, Jan. 7, 2014> |
| 1. | Contributions, subsidies or loans, etc. specified in each of the following items for Jeju Special Self-Governing Province; |
| (a) | Subsidies and support under Article 34 (2) 1 (excluding item (f)) and 7; |
| (b) | Contributions, subsidies, loans, support, etc. under Article 35 (2) 1 through 7, 9, 10 and 16; |
| (c) | Other subsidizations of a local government, excluding the projects determined by Presidential Decree. |
| 2. | The amount equivalent to expenses incurred in performing the duties to relocate special local administrative agencies in accordance with the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of the Free International City and labor costs for policemen to be transferred to autonomous police officers, and part of the operating expenses thereof; |
| 3. | Redemption of the principal and interest of temporary loans under Article 37 (1); |
| 4. | Fund transferred to the account for basis of living and economic development account of the Accounts; |
| 5. | Other expenses incurred in managing and operating the account. |
| (3) | Matters necessary for the objects and conditions of loans and the procedures therefor under paragraph (2) 1 shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 36 (Transfer from General Accounts or other Special Accounts) |
| (1) | The Government shall transfer an amount equivalent to 2% of the transport, energy and environment tax under the Transport, Energy and Environment Tax Act from general accounts to the Accounts every fiscal year. |
| (2) | The transport, energy and environment tax under paragraph (1) shall be included in the revenues of the regional development account. |
| (3) | When the Government is unable to afford all expenses belonging to the Accounts with the revenues of the Accounts, it may cover the whole or part of such deficit by the fund transferred from general accounts or other special accounts. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 36 (Transfer from General Accounts or other Special Accounts) |
| (1) | The Government shall transfer the amount equivalent to 2% of the transport, energy and environment tax under the Transport, Energy and Environment Tax Act from general accounts to the Accounts every fiscal year. |
| (2) | The transport, energy and environment tax under paragraph (1) shall be included in the revenues of the account for basis of living. <Amended by Act No. 12161, Jan. 1, 2014> |
| (3) | When the Government is unable to afford all expenses belonging to the Accounts with the revenues of the Accounts, it may cover the whole or part of such deficit by the fund transferred from general accounts or other special accounts. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 37 (Temporary Loans) |
| (1) | When the Accounts are temporarily short of funds, the Government may borrow a temporary loan on their own account. |
| (2) | The principal and interest of temporary loans under paragraph (1) shall be redeemed within the fiscal year concerned. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 38 (Special Cases concerning Procedures for Compilation of Budget) |
| (1) | When preparing the guidelines for formulating a budget Bill under Article 29 (1) of the National Finance Act, the Minister of Strategy and Finance shall seek opinions from the heads of relevant central administrative agencies and heads of local governments to reflect the unique characteristics of the budget of the Accounts. |
| (2) | The head of each local government shall fill out a budget application for the following year for the projects under Articles 34 (2), 35 (2) and 35-2 (2) and submit it to the head of a relevant central administrative agency by no later than April 30 each year. <Amended by Act No. 12161, Jan. 1, 2014> |
| (3) | The head of each central administrative agency shall submit to the Minister of Strategy and Finance a budget request for the following year which has been prepared based on the budget application by a local government under paragraph (2) by no later than May 31 each year. <Amended by Act No. 12161, Jan. 1, 2014> |
| (4) | The Presidential Committee on Regional Development may notify the Minister of Strategy and Finance of its opinions on investment direction of the regional development policies and on the formulation of the budget for the Accounts in consideration of the results of assesment under Article 9, etc. by May 31 each year. <Amended by Act No. 12161, Jan. 1, 2014; Act No. 12215, Jan. 7, 2014> |
| (5) | The Minister of Strategy and Finance shall hear the opinions of the Presidential Committee on Regional Development notified in accordance with paragraph (4). <Newly Inserted by Act No. 12215, Jan. 7, 2014> |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 39 (Graded Provision of Expenditure Budget) |
| (1) | When compiling an expenditure budget for the Accounts, the Government may differentiate the scale of support, rate of assistance, etc. for each local government by taking into account financial conditions of the local government concerned and the results of assessment under Article 9, etc. in accordance with the criteria determined by Presidential Decree. |
| (2) | The Government shall preferentially reflect the following projects in compilation of a budget and may differentiate the scale of support, rate of assistance, etc. for each project: |
| 1. | A project affecting the jurisdictions of no less than two local governments and jointly promoted by such local governments; |
| 2. | A project for constructing no less than two facilities by combining them which is specified in Article 34 (2); |
| 3. | A project for supporting growth promotion areas which is specified in Article 34 (2); |
| 4. | Other projects as may be necessary for improving regional competitiveness and investment efficiency. |
| (3) | The Government may evaluate the achievements of local governments in the activation of regional economies, such as attraction of companies, etc., and provide them with financial support accordingly, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 40 (Provision of Block Grant) |
| (1) | When compiling an expenditure budget of the regional development account under Article 34 (2), the Government shall compile it as a grant which can generally be used for each Si/Do (hereinafter referred to as "block grant"), as prescribed by Presidential Decree. |
| (2) | When the head of a relevant central administrative agency delivers a budget for a project for which a block grant has been compiled pursuant to paragraph (1), he/she shall be prohibited from classifying it into several categories within the relevant project. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 40 (Provision of Block Grant) |
| (1) | When formulating an expenditure budget of the account for basis of living under Article 34 (2), the Government shall portion it out as a grant that can generally be used for each Si/Do and Si/Gun/Gu (hereinafter referred to as "block grant"), as prescribed by Presidential Decree. <Amended by Act No. 12215, Jan. 7, 2014> |
| (2) | When the head of a relevant central administrative agency delivers a budget for a project for which a block grant has been portioned pursuant to paragraph (1), he/she shall be prohibited from classifying it into several categories within the relevant project. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 41 (Prohibition of Overlapped Application for Budget) |
With respect to projects for which a budget request or application has been filed pursuant to Article 38 (2) or any other projects similar thereto, no head of any central administrative agency nor Mayor/Do Governor shall file a budget request or application in duplication to the Minister of Strategy and Finance or the heads of central administrative agencies: Provided, That the same shall not apply to cases determined by Presidential Decree as unavoidable for carrying out national policies. [This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 42 (Appropriation of Budget) |
| (1) | Notwithstanding Article 46 of the National Finance Act, the head of a central administrative agency may, if necessary for the purpose of execution of a budget or at the request of the head of a local government, appropriate a budget among items within the scope not exceeding the total amount of the expenditure budget of the Accounts for each relevant Ministry, as prescribed by Presidential Decree. |
| (2) | The head of a central administrative agency in receipt of a request by a local government pursuant to paragraph (1) shall comply with such request, unless it falls under any case determined by Presidential Decree. |
| (3) | When the head of a central administrative agency has appropriated a budget pursuant to paragraph (1), he/she shall send a detailed statement specifying the amounts and causes for each item to the Minister of Strategy and Finance and the Board of Audit and Inspection of Korea. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 43 (Carry-Over of Budget) |
| (1) | Notwithstanding Article 48 (1) of the National Finance Act, the Accounts may carry over any expenditure budget that is not spent within the fiscal year concerned due to unavoidable reasons to the following fiscal year within the scope not exceeding the total amount of the expenditure budget of the Accounts for each relevant Ministry or for each local government, as prescribed by Presidential Decree: Provided, That it shall not be allowed to carry over such expenditure budget in excess of two fiscal years from the fiscal year concerned. |
| (2) | When carrying over an expenditure budget pursuant to paragraph (1), the head of a central administrative agency or the head of a local government shall do so as of December 31 of the fiscal year concerned and send a detailed statement of the carried-over budget to the head of a central administrative agency by January 15 of the following year for the head of a local government and to the Minister of Strategy and Finance and the Board of Audit and Inspection of Korea by January 31 of the following year for the head of a central administrative agency. |
| (3) | When the Minister of Strategy and Finance deems it necessary after taking into account the status of collection of revenues, results of execution of expenditure budgets of local governments, etc., he/she may take measures in advance to restrict the carry-over of an expenditure budget under paragraph (1). |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 44 (Exclusion from Application of other Acts to Subsidies) |
| (2) | The head of a local government shall appropriate the balance remaining after the execution of a project for the projects under Articles 34 (2), 35 (2) and 35-2 (2) and send a detailed statement specifying the amounts and causes for each item to the heads of central administrative agencies. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 44 (Exclusion from Application of other Acts to Subsidies) |
| (2) | The head of a local government shall appropriate the balance remaining after the execution of a project organized by the block grant under Article 40 for the projects organized by the block grant, and send a detailed statement that specifies the amounts and causes for each item to the heads of central administrative agencies. <Amended by Act No. 12215, Jan. 7, 2014> |
| (3) | The head of a local government may use the balance remaining after execution of the project organized by the subsidies other than the block grant under Article 40 for the projects the purpose of which is similar to the one of the relevant subsidization. In such cases, he/she shall send a detailed statement that specifies the amounts and causes for each item to the heads of the relevant central administrative agencies. <Newly Inserted by Act No. 12215, Jan. 7, 2014> |
| (4) | Notwithstanding the provisions of paragraph (3), in cases of the expenditure budget of the economic development account under Article 35 (2) and the expenditure budget of the Jeju Special Self-Governing Province account under Article 35-2 (2) and other cases where prescribed by Presidential Decree, any remaining balance after execution of the relevant project may not be used. <Newly Inserted by Act No. 12215, Jan. 7, 2014> |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 45 (Handling of Surpluses) |
Any surplus remaining after the settlement of the Accounts shall be appropriated as the revenues of the following year.
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 46 (Entrustment of Authority) |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 47 (Entrustment of Accounting Affairs) |
| (1) | The head of a central administrative agency may entrust part of the administrative affairs under Articles 34 (2) 7 and 35 (2) 1 through 7 and 16 to a bank under the Banking Act or a corporation provided for by Presidential Decree, as prescribed by Presidential Decree. <Amended by Act No. 10303, May 17, 2010> |
| (2) | When the head of a central administrative agency has entrusted administrative affairs pursuant to paragraph (1), he/she may pay handling fees and other necessary expenses as determined through consultations with the Minister of Strategy and Finance. |
| (3) | When the head of a central administrative agency has entrusted administrative affairs pursuant to paragraph (1), he/she may appoint accounting personnel to carry out such affairs from among the officers and employees of the entrusted corporation. |
[This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
| Article 48 (Expansion of Financial Resources of Local Governments according to Change in Financial Resources for Regional Development Projects) |
Where the State changes any project under Articles 34 (2), 35 (2) and 35-2 (2) which is subsidized by the expenditure budget of the Accounts into a project, the entire expenses of which are to be borne by a local government concerned, the State shall use liquor tax under the Liquor Tax Act equivalent to the amount of expenses subsidized by the Accounts for the purpose of expanding financial resources of the local government concerned [This Article Wholly Amended by Act No. 9629, Apr. 22, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2004: Provided, That the provisions of Articles 30 through 48 and Articles 2 through 5 of Addenda shall enter into force on January 1, 2005.
Article 2 (Repealed Acts)
Article 3 (Transitional Measures)
| (1) | The previous provisions shall govern the revenues and expenditures, and budget of the fiscal year 2004 of the special accounts to be repealed in accordance with the enforcement of this Act. |
| (2) | The surplus remaining after the settlement of accounts of the fiscal year 2004 of the special accounts to be repealed in accordance with the enforcement of this Act shall be transferred to the revenues of the regional development project account of the special accounts on balanced national development. |
Article 4 (Succession of Property, etc.)
Article 5 Omitted.
ADDENDA <Act No. 7848, Jan. 11, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Articles 2 through 3 Omitted.
ADDENDA <Act No. 8047, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Article 2 Omitted.
ADDENDA <Act No. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8084, Dec. 26, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 8160, Dec. 30, 2006>
This Act shall enter into force on January 1, 2007.
ADDENDA <Act No. 8423, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8975, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 9051, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9346, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9629, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 6 (8) of Addenda shall enter into force on May 1, 2009; Article 6 (9) of Addenda on August 7, 2009; and the amended provisions of Articles 30 through 35, 35-2, 43, 44, 46, 47 and 48 and Articles 6 (1), (2), (4), (6), (10), (14) and (15) of Addenda on January 1, 2010.
Article 2 (Transitional Measures for Special Accounts on Balanced National Development, etc.)
| (1) | The revenues and expenditures and budget of the fiscal year 2009 of the special accounts on balanced national development under the former provisions at the time this Act enters into force shall be governed by the former provisions. |
| (2) | The surplus remaining after the settlement of the regional development project account, regional innovation project account and Jeju Special Self-Governing Province account of the special accounts on balanced national development for the fiscal year 2009 under the former provisions at the time this Act enters into force shall be appropriated as the revenues of the regional development account, economic region development account and Jeju Special Self-Governing Province account of the special accounts on regional development under this Act, respectively: Provided, That the surplus remaining after the settlement of the said accounts, which is related to the charges for preservation of development-restricted areas under Article 26 (1) of the Act on Special Measures for Designation and Management of Development-Restricted Areas and metropolitan traffic facility charges under Article 11-6 (1) of the Special Act on the Management of Metropolitan Transport in Metropolitan Areas shall be appropriated as the revenues of the economic region development account of the special accounts on regional development for the year 2010. |
Article 3 (Succession of Property, etc.)
The economic region development account of the regional development special account under this Act shall succeed to the properties, receivables and obligations belonging to the regional development project account of the special accounts on balanced national development under the former Special Act on Balanced National Development at the time this Act enters into force. Article 4 (Transitional Measures for Establishment of Presidential Committee on Regional Development, etc.)
| (1) | The Presidential Committee on Balanced National Development, Executive Office of the Presidential Committee on Balanced National Development, Office of Presidential Committee on Balanced National Development Affairs, and Balanced National Development Team established under the former provisions at the time this Act enters into force shall be deemed the Presidential Committee on Regional Development, Executive Office of the Presidential Committee on Regional Development, Office of Presidential Committee on Regional Development Affairs, and Regional Development Team established under this Act, respectively. |
| (2) | Members of the former Presidential Committee on Balanced National Development at the time this Act enters into force shall be deemed to have been appointed or commissioned pursuant to the amended provisions of Article 23 (2) and (3). In such cases, the term of office of such members shall be the remaining term of the former office. |
Article 5 (Transitional Measures for Public Officials, Officers and Employees Dispatched to Presidential Committee on Balanced National Development)
Any public official, officer or employee dispatched to the Presidential Committee on Balanced National Development from the State, local governments, corporations or other organizations pursuant to the former provisions at the time this Act enters into force shall be deemed a public official, officer or employee dispatched to the Presidential Committee on Regional Development pursuant to the amended provisions of Article 25 (1).
Article 6 Omitted.
Article 7 (Relations with Other Acts)
Where other Acts or subordinate statutes cited the former Special Act on Balanced National Development or the provisions thereof at the time when this Act enters into force, if provisions corresponding thereto exist in this Act, they shall be deemed to have cited this Act or the corresponding provisions of this Act in lieu of the former provisions.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after its promulgation. (Proviso omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation. (Proviso omitted.)
Articles 2 and 10 Omitted.
ADDENDA <Act No. 10386, Jul. 23, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Articles 2 and 8 Omitted.
ADDENDA <Act No. 10653, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one month after its promulgation.
Articles 2 and 11 Omitted.
ADDENDA <Act No. 10898, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation.
Articles 2 and 5 Omitted.
ADDENDA <Act No. 11433, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12161, Jan. 1, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12215, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Articles 30, 32 through 35, 35-2, 36, 40 and the amended provisions of Article 44, Articles 6 (1), (2), (5) through (8) and (12) of Addenda on January 1, 2015.
Article 2 (Transitional Measures concerning Alteration of Supra-Economic Regions)
The supra-economic region pursuant to subparagraph 4 of Article 2 of the former provisions shall be deemed the economic cooperation sphere pursuant to the amended provisions of subparagraph 3 of Article 2.
Article 3 (Transitional Measures concerning Settlement of Administrative Affairs of the Economic Region Development Committee)
The economic region development committee and its administrative bureau that were established pursuant to Article 28 of the former provisions shall continue to remain until December 31, 2013.
Article 4 (Transitional Measures concerning Special Accounts on Regional Development, Etc.)
| (1) | With respect to the revenue, expenditure and settlement of fiscal year 2014 of the special accounts on regional development under Article 32 of the former provisions as at the time when this Act enters into force, the former provisions shall apply thereto. |
| (2) | The amount of surplus remaining as a result of the fiscal year 2014 settlement of the regional development account, economic region development account and Jeju Special Self-Governing Province account of the special accounts on regional development under Article 32 of the former provisions as at the time when this Act enters into force, shall be appropriated to the revenue of the account for basis of living, economic development account and Jeju Special Self-Governing Province account of the special accounts on regional development under the amended provisions of Article 32. |
Article 5 (Transitional Measures concerning Succession to Properties, Receivables and Obligations)
The properties, receivables and obligations belonging to the economic region development account of the special accounts on regional development pursuant to Article 33 of the former provisions as at the time when this Act enters into force, shall be succeeded by the economic development account of the special accounts on regional development under the amended provisions of Article 32.
Article 6 Omitted.
Article 7 (Relationship with other Acts and Subordinate Statutes)
Where a provision of the previous Special Act on Balanced National Development is referred to in other Acts and subordinate statutes as at the time when this Act enters into force, if this Act has a provision corresponding to the previous provision, the corresponding provision under this Act shall be deemed to have been referred to in lieu of the previous provision.