SPECIAL ACT ON PROMOTION OF AND SUPPORT FOR URBAN REGENERATION
Act No. 11868, jun. 4, 2013
Amended by Act No. 12215, Jan. 7, 2014
Act No. 12989, Jan. 6, 2015
Act No. 13793, Jan. 19, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to enhancement of the quality of life of the people, such as the expansion of the base for sustainable growth of cities, improvement of competitiveness of cities, and recovery of local community, by strengthening the public role and support for the economic, social, and cultural revitalization of cities.
| (1) | Definitions of the terms used in this Act shall be as follows: |
| 1. | The term “urban regeneration” means economic, social, physical, and environmental revitalization of a city which is declining due to depopulation, change of industrial structure, indiscriminate expansion of cities, deterioration of the dwelling condition, etc. by strengthening the local capacity, introducing and creating new functions, and utilizing the local resources; |
| 2. | The term “basic policy for national urban regeneration” means a national urban regeneration strategy which is established in order to push forward urban regeneration in a comprehensive, planned, and efficient manner; |
| 3. | The term “urban regeneration strategy plan” means a plan to establish an urban regeneration promotion strategy by an establisher of strategy plan, such as the investigation and discovery of various plans, projects, programs, tangible and intangible regional assets, etc. related to urban regeneration, and the designation of an urban regeneration revitalization area for the whole city or some areas, or, if necessary, not less than two cities in consideration of the basic policy for national urban regeneration; |
| 4. | The term “establisher of strategic plan” means the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of a Gun located in the jurisdiction of Metropolitan City); |
| 5. | The term “urban regeneration revitalization area” means a strategic target area to maximize the effect of the project for urban regeneration by concentrating the resource and capacity of the State and local government, of which the designation and cancelation is to be determined by the urban regeneration strategic plan; |
| 6. | The term “urban regeneration revitalization plan” means an implementation plan established comprehensively by linking various urban regeneration projects, which are pushed forward for an urban regeneration revitalization area by the State, local governments, public institutions, and local residents, etc. for local development and urban regeneration to comply with the urban regeneration strategy plan, and falls into one of the following types according to its main purpose and characteristics: |
| (a) | Urban economy-based revitalization plan: urban regeneration revitalization plan to grant new functions to a city and create a base of employment in connection with the rearrangement and development of urban or Gu planning facilities in charge of core functions of the State, such as an industrial complex, port, airport, railroad, general national road, and river; |
| (b) | Neighborhood regeneration revitalization plan: urban regeneration revitalization plan for the improvement of living environment of residential zone unit, expansion of basic living infrastructure, revitalization of community, and revival of local economy, etc.; |
| 7. | The term “urban regeneration project” means the following projects implemented under the urban regeneration plan in the urban regeneration revitalization plan for the urban regeneration revitalization area: |
| (a) | A series of projects pushed forward for local development and urban regeneration at a national level; |
| (b) | A series of projects pushed forward for local development and urban regeneration by local governments; |
| (c) | A project which revitalizes community by utilizing physical, social, and human resources of the relevant area at the suggestion of the residents; |
| (g) | A harbor redevelopment project pursuant to the Harbor Act; |
| (k) | Other projects necessary for urban rearrangement prescribed by Presidential Decree; |
| 8. | The term “urban regeneration leading area” means an area aiming for urban regeneration revitalization by prioritizing implementation of policies of the State and local governments, which requires urgent and efficient implementation of urban rearrangement and urban regeneration revitalization of which is expected to have a great ripple effect on the surrounding areas; |
| 9. | The term “community company” means a company operated by local residents or organizations to improve living environment, revitalize local community, and create income and jobs by utilizing various resources, such as manpower, native habitat, culture, and natural resource, etc. of the relevant area; |
| 10. | The term “urban regeneration basic facility” means the following facilities: |
| (b) | Joint use facilities prescribed by Presidential Decree, such as playground, community center, common workplace, village library, etc. which are jointly used by residents; |
| 11. | The term “basic living infrastructure” means facility necessary for the improvement of living convenience of urban residents and the maintenance or improvement of their quality of life, from among urban regeneration basic facilities. |
| Article 3 (Duty of State and Local Governments) |
| (1) | The State and local governments shall secure the budget necessary to push forward urban regeneration projects and shall establish and push forward the relevant policies. |
| (2) | Where the urban regeneration strategy plan has been established, the head of the relevant local government shall take it into consideration for to the medium-term local government finance plan pursuant to Article 33 of the Local Finance Act to secure the effectiveness of the urban regeneration strategy plan and urban regeneration revitalization plan, etc. |
| Article 4 (Establishment of Basic Policies for National Urban Regeneration) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish basic policies for national urban regeneration for urban regeneration revitalization every ten years, and, if necessary, may reexamine and renew the contents thereof every five years. |
| (3) | The basic policies for national urban regeneration shall include the following: |
| 1. | The significance and purpose of urban regeneration; |
| 2. | The urban regeneration policies which shall be mainly pushed forward by the State; |
| 3. | The basic direction and principle regarding the preparation for the urban regeneration strategy plan and urban regeneration revitalization plan; |
| 4. | The standards for designating the urban regeneration leading area; |
| 5. | The standards for gauging the decline of cities and standards for diagnosis thereof; |
| 6. | The scope and national minimum standard of basic living infrastructure; |
| 7. | Other matters necessary for urban regeneration revitalization prescribed by Presidential Decree. |
| (4) | In order to establish the basic policies for national urban regeneration, the Minister of Land, Infrastructure and Transport may diagnosis a decline of a city by utilizing the urban regeneration comprehensive information system under Article 29. In such cases, the Minister of Land, Infrastructure and Transport may request the relevant local governments for the data, and the local governments shall preferentially cooperate to such request. |
| (5) | For a systematic establishment of the basic policies for national urban regeneration, the Minister of Land, Infrastructure and Transport may conduct research on the actual status of decline of cities and actual status of basic living infrastructure at a national level on a regular basis. In such cases, the research items, period, method and procedure, etc. shall be prescribed by Presidential Decree. |
| (6) | Where the Minister of Land, Infrastructure and Transport intends to establish or change the basic policies for national urban regeneration, he/she shall consult with the head of the relevant central administrative agency, collect opinions of the relevant local governments, and obtain the approval of the President after going through the deliberation of the Special Committee on Urban Regeneration pursuant to Article 7 and the State Council: Provided, That this shall not apply to cases of changing minor matters prescribed by Presidential Decree. |
| (7) | Matters necessary for the procedure, etc. of establishing the basic policies for national urban regeneration shall be prescribed by Presidential Decree. |
| Article 5 (Effect of Basic Policies for National Urban Regeneration) |
The head of a central administrative agency and the head of local governments shall establish the following plans in consideration of the basic policies for national urban regeneration:
| 3. | Other medium- and long-term policy plans prescribed by Presidential Decree. |
| Article 6 (Relationship with Other Acts) |
| (1) | This Act shall apply to urban revitalization areas prior to other Acts. |
| (2) | Matters not provided for in this Act regarding the implementation of urban regeneration projects included in the urban regeneration revitalization plan notified pursuant to Article 20 shall be governed by the relevant Acts which provide for the relevant projects. |
| (3) | The State shall ensure that legislation of or amendment to other Acts regarding urban regeneration shall meet the purpose of this Act. |
CHAPTER II PROMOTION SYSTEM OF URBAN REGENERATION
| Article 7 (Establishment, etc. of Special Committee on Urban Regeneration) |
| (1) | In order to push forward policies on urban regeneration systematically and efficiently, the Special Committee on Urban Regeneration (hereafter referred to as “Special Committee”) shall be established under the jurisdiction of the Prime Minister. |
| (2) | The Special Committee shall deliberate on the following matters: |
| 1. | Major national policies, such as the basic policies for national urban regeneration; |
| 2. | Urban regeneration strategic plans jointly established by establishers of strategic plan under the jurisdiction of not less than two Special Metropolitan Cities, Metropolitan Cities, Metropolitan Autonomous Cities, Special Self-Governing Provinces or Dos; |
| 3. | The urban regeneration revitalization plan including matters subject to the support of the State; |
| 4. | The designation of the urban regeneration leading area and the urban regeneration revitalization plan for the urban regeneration leading area; |
| 5. | Other necessary matters regarding urban regeneration introduced in the meeting by the chairperson. |
| (3) | The chairperson shall be the Prime Minister and the members of the committee, consisting of not less than 10 and not more than 30 members, shall be the following persons: <Amended by Act No. 13793, Jan. 19, 2016>: |
| 1. | Government member: the head of the relevant central administrative agency prescribed by Presidential Decree; |
| 2. | Civil member: a person appointed by the chairperson, from among those with abundant knowledge and experience on urban regeneration. |
| (4) | An urban regeneration planning group shall be established under the jurisdiction of the Minister of Land, Infrastructure and Transport in order to support the business affairs of the Special Committee and conduct the following affairs: |
| 1. | Preparation of the basic policies for national urban regeneration; |
| 2. | Matters regarding the evaluation and support of the urban regeneration revitalization plan, urban regeneration projects, etc.; |
| 3. | Consultation with the local urban regeneration committee pursuant to Article 8 (1), the relevant administrative agency, and the relevant agency; |
| 4. | Consultation on the budget relevant to urban regeneration projects; |
| 5. | Other matters prescribed by Presidential Decree. |
| (5) | Other matters necessary for the organization, operation, etc. of the Special Committee and the urban regeneration planning group shall be prescribed by Presidential Decree. |
| Article 8 (Local Urban Regeneration Committee) |
| (1) | A local urban regeneration committee (hereafter referred to as “local committee”) may be established in local governments to deliberate on the following matters or respond to a request for consultation: |
| 1. | Major policies regarding the urban regeneration of local governments; |
| 2. | The urban regeneration strategic plan and urban regeneration revitalization plan; |
| 3. | Other matters necessary for urban regeneration. |
| (2) | In cases of a local government where the local urban planning committee under Article 113 of the National Land Planning and Utilization Act is established, if the local urban planning committee meets the conditions regarding the organization, operation, etc. of the local committee prescribed by Presidential Decree, the local urban planning committee may perform the functions of the local committee. |
| (3) | Matters necessary for the organization, etc. of local committee shall be prescribed by Presidential Decree. |
| Article 9 (Establishment of Exclusive Organization) |
| (1) | For consultation, etc. among the relevant agencies and departments regarding the establishment, support and promotion of projects of the urban regeneration strategic plan, and urban regeneration revitalization plan, an establisher of strategic plan may establish an exclusive organization in charge of general management and adjustment of business affairs relevant to urban regeneration. If necessary, a Do Governor, the head of an autonomous Gu and the head of a Gun in the jurisdiction of a Metropolitan City (hereafter referred to as “the head of a Gu, etc.”) may establish an exclusive organization as prescribed by Presidential Decree. |
| (2) | The exclusive organization shall conduct the following affairs: |
| 1. | Investigation and management of the status and major indicators regarding urban regeneration; |
| 2. | General management, adjustment, management, and support of the urban regeneration revitalization plan and urban regeneration projects; |
| 3. | Consultation of affairs and exchange with the relevant institutions and relevant administrative agencies; |
| 4. | Establishment and operation of the local cooperative system; |
| 5. | Management of government subsidies, etc. regarding urban regeneration; |
| 6. | Discovery and promotion of urban regeneration projects utilizing local resources, such as a community company; |
| 7. | Evaluation and check-up of the urban regeneration revitalization plan and urban regeneration projects; |
| 8. | Financing and management of finance; |
| 9. | Other matters necessary for the seamless promotion of urban regeneration, prescribed by Presidential Decree. |
(3）Other matters necessary for the organization, operation, etc. of exclusive organizations shall be prescribed by Presidential Decree.
| Article 10 (Establishment of Urban Regeneration Support Organization) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish an urban regeneration support organization to conduct the following affairs, and may designate a public institution prescribed by Presidential Decree as an urban regeneration support organization: |
| 1. | Discovery of policies for urban regeneration revitalization; |
| 2. | Investigation into and research on the development of urban regeneration system; |
| 3. | Support for the establishment of the urban regeneration strategic plan and urban regeneration revitalization plan, etc.; |
| 4. | Support for the implementation, operation, and management of the urban regeneration projects; |
| 5. | Affairs related to the establishment, operation, management, etc. of the urban regeneration comprehensive information system under Article 29; |
| 6. | Affairs such as nurturing and dispatching urban regeneration experts; |
| 7. | Support for operation, etc. of the urban regeneration support center under Article 11; |
| 8. | Other affairs prescribed by the Minister of Land, Infrastructure and Transport. |
| (2) | Matters regarding the organization, operation, etc. for the urban regeneration support organization shall be prescribed by Presidential Decree. |
| Article 11 (Establishment of Urban Regeneration Support Center) |
| (1) | An establisher of strategic plan may establish an urban regeneration support center to conduct the business affairs regarding the following. If necessary, a Do Governor and the head of a Gu, etc. may establish an urban regeneration support center as prescribed by Presidential Decree: |
| 1. | Support for the establishment of the urban regeneration strategic plan and urban regeneration revitalization plan and the relevant projects; |
| 2. | Matters necessary for the coordination of opinions of the residents of the urban regeneration revitalization area; |
| 3. | Operation of educational programs to nurture on-site experts; |
| 4. | Support for the foundation and operation of community company; |
| 5. | Other matters prescribed by Presidential Decree. |
| (2) | Other matters necessary for the organization, operation, etc. of urban regeneration support center shall be prescribed by Presidential Decree. |
CHAPTER III URBAN REGENERATION STRATEGIC PLAN, ETC.
| Article 12 (Establishment of Urban Regeneration Strategic Plan) |
| (1) | In order to push forward urban regeneration, an establisher of strategic plan shall establish an urban regeneration strategic plan every ten years and, if necessary, he/she shall rearrange it every five years. |
| (2) | If necessary for the local condition, an establisher of strategic plan may establish an urban regeneration strategic plan including the whole or a part of the jurisdiction of the adjacent local government. In such cases, the establisher of strategic plan shall obtain the agreement of the head of the relevant local government in advance: Provided, That this shall not apply to the cases where the urban regeneration strategic plan is jointly established. |
| (3) | Where the urban regeneration strategic plan is to be established, it shall comply with the basic policies for national urban regeneration and an urban or Gun master plan under Article 19 of the National Land Planning and Utilization Act, and it shall ensure that the urban regeneration shall be efficiently accomplished by preferentially linking and concentrating on various plans, projects, programs, tangible and intangible regional assets, etc. relevant to urban regeneration in the urban regeneration revitalization area. |
| Article 13 (Contents of Urban Regeneration Strategic Plan) |
| (1) | The urban regeneration strategic plan shall include the following: |
| 1. | The goal and scope of the plan; |
| 2. | The measures to achieve the goal; |
| 3. | The diagnosis of decline and analysis of physical, social, economic, and cultural conditions; |
| 4. | The matters regarding the designation or change of the urban regeneration revitalization area; |
| 5. | The priority of each urban regeneration revitalization area and the measures to link those areas; |
| 6. | The measures to organize the subject of implementation such as the urban regeneration support center and consultative group of residents; |
| 7. | The plan for financial support of central and local governments and for financing, such as attracting private investment; |
| 8. | The discovery of supporting system at the level of local governments, such as supporting ordinances and cooperative system; |
| 9. | The plan for the establishment, rearrangement, or improvement of urban regeneration basic facilities; |
| 10. | The plan to achieve the minimum standard for basic living infrastructure; |
| 11. | The method and standard of managing the achievement of the urban regeneration revitalization plan; |
| 12. | Other project plans established by an establisher of strategic plan for urban regeneration. |
| (2) | Where a project plan under other Act is established for the area where the urban regeneration strategic plan has been established, it shall comply with the relevant urban regeneration strategic plan. |
| (3) | Matters regarding the preparation standard and preparation method for the urban regeneration strategic plan shall be prescribed by Presidential Decree. |
| (4) | Where an establisher of strategic plan intends to designate an urban regeneration revitalization area by the urban regeneration strategic plan, not less than two requirements among the following shall be met: |
| 1. | An area where the population is drastically decreasing; |
| 2. | An area where the industry departure, such as decrease of the total number of enterprises, is occurring; |
| 3. | An area where the dwelling condition in it is worsening, such as by an increase of deteriorated housing. |
| (5) | The detailed standard of the requirements under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 14 (Basic Investigation for Establishment of Urban Regeneration Strategic Plan) |
| (1) | Where an establisher of strategic plan intends to establish or change the urban regeneration strategic plan, he/she shall conduct a basic investigation as prescribed by Presidential Decree. In such cases, he/she may utilize the urban regeneration comprehensive information system pursuant to Article 29. |
| (2) | If necessary for an efficient investigation or measurement, etc., an establisher of strategic plan may entrust the basic investigation pursuant to paragraph (1) to a specialized institution as prescribed by Presidential Decree. |
| Article 15 (Hearing of Opinions of Residents, etc.) |
| (1) | Where an establisher of strategic plan intends to establish or change the urban regeneration strategic plan, he/she shall hold a public hearing in advance as prescribed by Presidential Decree to gather the opinions of residents and relevant experts, etc. and shall listen to the opinions of the relevant local council, and where he/she deems that the opinions suggested in the public hearing or by the local council are reasonable, he/she shall take them into consideration in the urban regeneration strategic plan. |
| (2) | The local council shall suggest its opinion within 60 days after an establisher of strategic plan notifies of the urban regeneration strategic plan, and where 60 days have passed without suggesting opinion, it shall be deemed that there is no opinion of the local council. |
| Article 16 (Finalizing Urban Regeneration Strategic Plan of Special Metropolitan City, Metropolitan City, Metropolitan Autonomous City, or Special Self-Governing Province) |
| (1) | Where the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor intends to establish or change the urban regeneration plan, he/she shall consult with the head of the relevant administrative agency and go through the deliberation of a local council: Provided, That this shall not apply to the cases of changing minor matters prescribed by Presidential Decree. |
| (2) | Upon receiving of the request for the consultation pursuant to paragraph (1), the head of the relevant administrative agency shall suggest his/her opinion to the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor within 30 days after receiving such request unless there is a compelling reason not to do so. |
| (3) | Where the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor establishes or changes the urban regeneration strategic plan, he/she shall send the relevant documents to the head of the relevant administrative agency, make a public announcement of the plan, and allow the general public to inspect it as prescribed by Presidential Decree. |
| Article 17 (Approval of Si/Gun Urban Regeneration Strategic Plan) |
| (1) | Where the head of a Si/Gun intends to establish or change the urban regeneration strategic plan, he/she shall obtain an approval for the change from a Do governor as prescribed by Presidential Decree: Provided, That this shall not apply in cases of changing minor matters prescribed by Presidential Decree. |
| (2) | Where a Do Governor intends to approve the urban regeneration strategic plan pursuant to paragraph (1), he/she shall consult with the head of the relevant administrative agency and go through the deliberation of a local council. In such cases, upon receiving the request for consultation, the head of the relevant administrative agency shall suggest his/her opinion within 30 days after receiving such request unless there is a compelling reason not to do so. |
| (3) | Where not less than two heads of a Si/Gun belonging to the different Dos intend to establish or change the urban regeneration strategic plan jointly, they shall obtain the approval of the Minister of Land, Infrastructure and Transport after going through the deliberation of the relevant local council: Provided, That this shall not apply to the cases of changing minor matters prescribed by Presidential Decree. |
| (4) | Where the Minister of Land, Infrastructure and Transport or a Do Governor approves the urban regeneration strategic plan, he/she shall send the relevant documents to the head of the relevant administrative agency and the head of the relevant Si/Gun, and the head of the relevant Si/Gun who received the relevant documents shall make a public announcement of the plan and allow the general public to inspect it as prescribed by Presidential Decree. |
| Article 18 (Proposal of Residents) |
| (1) | A resident (including interested persons; hereafter the same shall apply) may propose designation or change of an urban regeneration revitalization area to an establisher of strategic plan. |
| (2) | A person who received the proposal for designation or change of an urban regeneration revitalization area pursuant to paragraph (1) shall inform the proposer of the result of the request thereof. |
| (3) | A person who received the proposal for designation or change of an urban regeneration revitalization area pursuant to paragraph (1) may have the proposer bear the whole or part of the expenses necessary for the proposed designation or change of the urban regeneration revitalization area, in consultation with the proposer. |
| (4) | In addition to the matters provided for in paragraphs (1) through (3), matters necessary for the proposal concerning an urban regeneration revitalization area, handling of the proposal, etc. shall be prescribed by Presidential Decree. |
| Article 19 (Establishment of Urban Regeneration Revitalization Plan) |
| (1) | An establisher of strategic plan may establish an urban regeneration revitalization plan for an urban regeneration revitalization area. |
| (2) | The head of a Gu, etc. may establish a neighborhood regeneration revitalization plan for an urban regeneration revitalization area. |
| (3) | The urban regeneration revitalization plan shall include the following matters: |
| 2. | The plan and ripple effect of an urban regeneration project; |
| 3. | The plan for establishment and rearrangement of urban regeneration basic facilities; |
| 4. | The plan for providing public and private financial resources; |
| 5. | The plan for the execution of budget; |
| 6. | The plan for evaluation and check-up of an urban regeneration project; |
| 7. | An area to which the restriction of acts under Article 23 applies; |
| 8. | Other matters prescribed by Presidential Decree. |
| (4) | Where an urban economy-based revitalization plan is established, measures to link the plan with the rearrangement and development of urban or Gun planning facilities in charge of the core functions of the State, such as an industrial complex, port, airport, railroad, general national road, and river in the urban regeneration revitalization area and the ripple effect, etc. on the urban economy and industrial structure of the relevant urban regeneration revitalization plan shall be considered preferentially. |
| (5) | Where an establisher of strategic plan or the head of a Gu, etc. intends to establish or change the urban regeneration revitalization plan, he/she shall ensure that the plan complies with the basic policies for national urban regeneration and the urban regeneration strategic plan. |
| (6) | Detailed matters regarding the preparation standard and preparation method of the urban regeneration revitalization plan shall be prescribed by Presidential Decree. |
| Article 20 (Finalizing and Approving Urban Regeneration Revitalization Plan) |
| (1) | Where the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor intends to establish or change an urban regeneration revitalization plan, he/she shall finalize it after consulting with the head of the relevant administrative agency and going through the deliberation of local council: Provided, That this shall not apply to the cases of changing minor matters prescribed by Presidential Decree. |
| (2) | Where the head of a Si/Gun/Gu, etc. intends to establish or change an urban regeneration revitalization plan, he/she shall obtain the approval of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or a Do Governor: In such cases, the Special Metropolitan City Mayor, Metropolitan City Mayor, or a Do Governor shall consult with the head of the relevant administrative agency and go through the deliberation of local council: Provided, That this shall not apply to the cases of changing minor matters pursuant to paragraph (1). |
| (3) | An establisher of strategic plan or the head of a Gu, etc. shall hold a public hearing to gather the opinions of residents or relevant experts, etc. and shall listen to the opinions of the relevant local council as prescribed by Presidential Decree, before consultating with the head of the relevant administrative agency in cases of paragraph (1), and before applying for the approval of the urban regeneration revitalization plan in cases of paragraph (2). |
| (4) | Where the matters supported by the State are included in the urban regeneration revitalization plan, the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or a Do Governor shall receive the decision of the Minister of Land, Infrastructure and Transport on the matters supported by the State before the finalization pursuant to paragraph (1) or the approval pursuant to paragraph (2). In such cases, the Minister of Land, Infrastructure and Transport shall go through deliberation with the Special Committee after consultation with the head of the relevant central administrative agency. |
| (5) | Where the Minister of Land, Infrastructure and Transport makes a decision pursuant to paragraph (4), he/she shall clarify the conditions, such as the subject projects supported by the State, the scale of the financial resource, and the type of the support thereof. |
| (6) | The head of the relevant central administrative agency in charge of the project supported by the State included in the urban regeneration revitalization plan shall compile the budget reflecting the decision under paragraph (4), except for special cases, such as the financial status of the government. |
| (7) | Where the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor establishes or changes the urban regeneration revitalization plan, he/she shall send the relevant documents to the head of the relevant administrative agency, notify the plan publicly, and allow the general public to inspect it as prescribed by Presidential Decree. |
| (8) | Where the Special Metropolitan City Mayor, Metropolitan City Mayor, or a Do Governor approves the urban regeneration revitalization plan, he/she shall send the relevant documents to the head of the relevant administrative agency and the head of the relevant Si/Gun/Gu, etc., and the head of the Si/Gun/Gu who received the relevant documents shall notify the public of the plan and allow the general public to inspect it as prescribed by Presidential Decree. |
| Article 21 (Effect of Urban Regeneration Plan) |
| (1) | An urban regeneration revitalization plan shall become effective from the day of public notification pursuant to Article 20. |
| (2) | A person who starts a project or construction before the day of public notification of the urban regeneration plan (in cases where a permission, authorization, approval, etc. shall be obtained pursuant to this Act or other Acts, referring to a person who starts the project or construction after obtaining such permission, authorization, approval, etc.) may continue the project or construction regardless of the public notification of the relevant urban regeneration revitalization plan. |
| Article 22 (Loss of Effect, etc. of Urban Regeneration Revitalization Plan) |
| (1) | Where the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor decides that the goal of the urban regeneration revitalization plan was achieved or cannot be achieved considering the progress status of the urban regeneration project, he/she may cancel the urban regeneration revitalization plan after having consulting with the relevant administrative agency and going through the deliberation of local council. |
| (2) | Where the head of the relevant Si/Gun/Gu, etc. decides that the goal of the urban regeneration revitalization plan was achieved or cannot be achieved considering the progress status of the urban regeneration project, he/she may request the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or a Do Governor for the cancellation of the urban regeneration revitalization plan. In such cases, the Special Metropolitan City Mayor, Metropolitan City Mayor, or a Do Governor shall decide whether or not to cancel the relevant urban regeneration revitalization plan or not, after having consulting with the head of the relevant central administrative agency and going through the deliberation of local council. |
| (3) | Where the matters supported by the State are included in the urban regeneration revitalization plan, the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or a Do Governor shall obtain an agreement of the Minister of Land, Infrastructure and Transport before he/she cancels the urban regeneration revitalization plan pursuant to paragraph (1) or (2). In such cases, the Minister of Land, Infrastructure and Transport shall decide whether he/she will agree with the cancellation of the relevant urban regeneration revitalization plan after consulting with the head of the relevant central administrative agency and going through the deliberation of the Special Committee. |
| (4) | Where no urban regeneration project begins within three years from the date when the urban regeneration revitalization plan was publicly announced, such urban regeneration revitalization plan shall be deemed cancelled. |
| (5) | Where the urban regeneration revitalization plan is deemed cancelled pursuant to paragraph (4), the use area of the relevant urban regeneration revitalization area shall be deemed reclaimed to the use area before the determination and public announcement of the urban regeneration revitalization plan or it shall be deemed disused. |
| (6) | Where the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or a Do Governor cancels the urban regeneration revitalization plan pursuant to paragraph (1) or (2), or where the urban regeneration revitalization plan is deemed cancelled pursuant to paragraph (4), he/she shall notify of such fact in the official gazette of the relevant local government without delay. |
| Article 23 (Limitation of Acts, etc.) |
Where a person intends to engage in construction of a building, installation of a structure, change of land shape and quality, collection of soil and stone, allotment of land, act of piling stuffs, etc., or other acts unsuitable for the urban regeneration revitalization plan prescribed by Presidential Decree in the area under Article 19 (3) 7, from the date of public notification pursuant to Article 20, he/she shall obtain a permission from the establisher of strategic plan or the head of a Gu, etc. The same shall apply to the cases of changing the permitted matters.
| Article 24 (Evaluation of Urban Regeneration Revitalization Plan) |
| (1) | The Minister of Land, Infrastructure and Transport shall evaluate the promotion record, etc. of the urban regeneration revitalization plan. |
| (2) | Matters necessary for the standard, period, procedure and method, etc. of the evaluation pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER IV IMPLEMENTATION OF URBAN REGENERATION PROJECTS
| Article 25 (Implementation of Urban Regeneration Projects) |
| (1) | Except as otherwise provided for expressly in this Act, an urban regeneration project shall be implemented pursuant to the relevant Acts which provide for the matters regarding the implementation of the relevant project. |
| (2) | Where an urban regeneration project has been implemented in the urban regeneration revitalization area before the urban regeneration revitalization plan was publicly announced, or a project falling under each item of subparagraph 7 of Article 2, the implementation of which was finalized, was included in the urban regeneration revitalization plan, the relevant project shall be deemed an urban regeneration project under this Act. |
| Article 26 (Implementor of Urban Regeneration Projects) |
| (1) | In cases of the projects for which the implementor is not provided for expressly in other Acts, from among urban regeneration projects, an establisher of strategic plan or the head of a Gu, etc. may designate an implementor of the project, from among the following persons: |
| 2. | Public institutions prescribed by Presidential Decree; |
| 4. | Land owners in the urban regeneration revitalization area; |
| (2) | Where an urban regeneration project has been implemented in the urban regeneration revitalization area before the urban regeneration revitalization plan was publicly announced, or a project falling under each item of subparagraph 7 of Article 2, the implementation of which was finalized, was included in the urban regeneration revitalization plan, the implementor of the relevant project shall be deemed an implementor of the urban regeneration project. |
CHAPTER V SUPPORT FOR URBAN REGENERATION REVITALIZATION
| Article 27 (Assistance or Financing) |
| (1) | For an urban regeneration revitalization, the State or local governments may assist or finance the whole or part of the expenses for the person who conducts the relevant project or business affairs for the following as prescribed by Presidential Decree: <Amended by Act No. 13793, Jan. 19, 2016> |
| 1. | Expenses for establishing the urban regeneration strategic plan and the urban regeneration revitalization plan; |
| 2. | Expenses for investigation and research for the development of urban regeneration system; |
| 3. | Expenses for improvement, repair, and rearrangement of buildings; |
| 4. | Expenses for dispatching experts, consultation, and technological support; |
| 5. | Expenses necessary for establishment, rearrangement, operation, etc. of urban regeneration basic facilities; |
| 6. | Expenses for operating the urban regeneration support organization and the urban regeneration support center; |
| 7. | Expenses necessary for the conservation of cultural heritage, etc.; |
| 9. | Expenses necessary for urban regeneration projects; |
| 10. | Other matters prescribed by Presidential Decree. |
| (2) | The State may very the scale, ratio, etc. of the assistance or financing in consideration of the financial status of local governments and the evaluation result, etc. of the urban regeneration revitalization plan pursuant to Article 24, as prescribed by Presidential Decree. |
| (3) | The State shall provide the funds necessary for the assistance or financing pursuant to paragraph (1) from the general accounts, special accounts on regional development pursuant to Article 30 of the Special Act on Balanced National Development, or the housing and urban fund pursuant to the Housing and Urban Fund Act. <Amended by Act No. 12215, Jan. 7, 2014; Act No. 12989, Jan. 6, 2015> |
| Article 28 (Establishment and Operation of Urban Regeneration Special Account) |
| (1) | An establisher of strategic plan may establish and operate an urban regeneration special account for the urban regeneration revitalization and the promotion and support of urban regeneration projects: Provided, That, if necessary, a Do Governor may establish and operate an urban regeneration special account as prescribed by Presidential Decree. |
| (2) | The revenue of the urban regeneration special account shall be as follows: |
| 5. | Transferred money from the general account; |
| 8. | Financing recovery, interest income, and other income of the relevant urban regeneration special account funds. |
| (3) | The expenditure of the urban regeneration special account shall be as follows: |
| 1. | The expenses for the investigation and research for urban regeneration projects; |
| 2. | The expenses for establishing the urban regeneration strategic plan and the urban regeneration revitalization plan; |
| 3. | The expenses necessary for urban regeneration projects; |
| 4. | The expenses for the construction and management of rental houses in the urban regeneration revitalization area; |
| 5. | The expenses for utilizing experts and expenses for technology; |
| 6. | The expenses for the creation, operation, and management of the urban regeneration special account; |
| 7. | The expenses for the creation and operation of the urban regeneration support center; |
| 8. | The expenses for the advance planning and operation of community companies, etc.; |
| 9. | The expenses for the repair and rearrangement of public buildings; |
| 10. | The expenses for purchasing or utilizing deserted houses or vacant houses in the urban regeneration revitalization area; |
| 11. | The expenses for the assistance or financing pursuant to Article 27; |
| 12. | Other necessary matters prescribed by the ordinance of the relevant local governments. |
| (4) | An establisher of strategic plan or a Do Governor shall endeavor to make sure that the support by the urban regeneration special account is concentrated in the urban regeneration revitalization area. |
| (5) | The Minister of Land, Infrastructure and Transport may, if necessary, have the head of local governments report on the status of operating the urban regeneration special account to him/her. |
| (6) | Matters necessary for the establishment, operation, and management of the urban regeneration special account shall be prescribed by the ordinance of the relevant local government. |
| Article 29 (Establishment of Urban Regeneration Comprehensive Information System) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish an urban regeneration comprehensive information system which develops, verifies, and manages the relevant information and statistics for urban regeneration revitalization. |
| (2) | For a smooth operation of the urban regeneration comprehensive information system pursuant to paragraph (1), the head of the relevant central administrative agency shall cooperate actively, for example, by preparing and providing the information and statistics of the field of each department. |
| (3) | Where the Minister of Land, Infrastructure and Transport establishes, manages, or operates the urban regeneration comprehensive information system, he/she shall consider the linkage with the relevant information system. |
| (4) | In order to establish the urban regeneration comprehensive information system, the Minister of Land, Infrastructure and Transport may request the head of the relevant central administrative agency, local governments, or public institutions for submission of the relevant information or data. In such cases, upon receiving the request for submission of data, the head of the relevant agency shall fulfill the request, unless there are justifiable grounds for denial, such as the confidential matters for national defense or national security. |
| (5) | The Minister of Land, Infrastructure and Transport may entrust the urban regeneration support organization with the duties relevant to the establishment, operation, and management of the urban regeneration comprehensive information system. |
| (6) | Matters necessary for the establishment, operation, and management of the urban regeneration comprehensive information system shall be prescribed by Presidential Decree. |
| Article 30 (Disposition, etc. of National Property and Public Property) |
| (1) | The Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or a Do Governor who intends to finalize or approve the urban regeneration revitalization plan pursuant to Article 20 shall consult with the management office in advance where the contents relevant to the disposition of national property or public property is included in the urban regeneration revitalization plan. In such cases of the road, river, ditch, etc. from among the property, the management office for which is unclear, the Minister of Land, Infrastructure and Transport shall be deemed the management office therefor, and for other property, the Minister of Land, Infrastructure and Transport shall be deemed the management office therefor. |
| (2) | Upon receipt of the consultation pursuant to paragraph (1), the management office shall present its opinion within 20 days. |
| (3) | No national property or public property in the urban regeneration revitalization area shall be sold or transferred for the purpose other than the urban regeneration projects. |
| (5) | The evaluation of the national land or public land sold preferentially for the purpose of urban regeneration projects shall be conducted based on the day when the urban regeneration revitalization plan was publicly announced, and the rental fee of the rented national land or public land shall be prescribed by the State Property Act and the Public Property and Commodity Management Act. |
| Article 31 (Reduction, etc. of Tax and Charges) |
| (2) | Where it is necessary for the urban regeneration revitalization, the State and local government may reduce or may not impose the development charges, farmland preservation charges, coasts incurred in creating substitute grassland, expenses incurred in creating forest replacement resources, charges for causing traffic congestion, the cooperation charge for the ecosystem conservation, occupancy or use fees of public waters, environmental improvement charges, infrastructure-building fees, and intercity transport charges, for an implementor of the urban regeneration projects as prescribed by the Restitution of Development Gains Act, the Farmland Act, the Grassland Act, the Mountainous Districts Management Act, the Urban Traffic Improvement Promotion Act, the Natural Environment Conservation Act, the Public Waters Management and Reclamation Act, the Environmental Improvement Cost Liability Act, the National Land Planning and Utilization Act, and the Special Act on the Management of Intercity Transport in Metropolitan Areas. |
| (3) | For any of the following buildings constructed pursuant to the urban regeneration revitalization plan, a local tax, such as acquisition tax and registration license tax may be reduced as prescribed by the Restriction of Special Local Taxation Act and the ordinance of local governments: Provided, That where the head of the relevant Si/Gun or the head of a Gu, etc. intends to reduce the local tax, such as acquisition tax and registration license tax, he/she shall obtain the approval of the Special Metropolitan City Mayor, Metropolitan City Mayor, or a Do Governor as prescribed by Presidential Decree: |
| 4. | Other facilities deemed necessary for urban regeneration by an establisher of strategic plan. |
| Article 32 (Special Cases concerning Easing, Etc. of Construction Restriction) |
| (1) | An establisher of strategic plan or the head of a Gu, etc. may, if necessary, establish an urban regeneration revitalization plan including the following contents, notwithstanding the National Land Planning and Utilization Act or the ordinance prescribed by the delegation of the same Act: |
| (2) | An establisher of strategic plan or the head of a Gu, etc. may, if necessary, establish an urban regeneration revitalization plan which includes the contents regarding the eased standard of establishing parking lots pursuant to the Housing Act and the Parking Lot Act. |
| (3) | Notwithstanding the maximum heights of building in each block prescribed by the ordinance pursuant to Article 60 (2) of the Building Act or the limitation of height pursuant to paragraph (3) of the same Article, an establisher of strategic plan or the head of a Gu, etc. may, if necessary, establish an urban regeneration revitalization plan, which includes the contents regarding easing of such limitations. |
| (4) | Matters necessary for the specific application scope, etc. pursuant to the provisions of paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
CHAPTER VI URBAN REGENERATION LEADING AREA
| Article 33 (Designation of Urban Regeneration Leading Area) |
| (1) | The Minister of Land, Infrastructure and Transport may designate an area which requires urgent urban regeneration or which has a great ripple effect of urban regeneration projects as an urban regeneration leading area by himself/herself or at the request of an establisher of strategic plan. |
| (2) | Before requesting for designation of an urban regeneration leading area pursuant to paragraph (1), an establisher of strategic plan shall gather the opinions of residents and relevant experts, etc. and listen to the opinions of the relevant local council, as prescribed by Presidential Decree. |
| (3) | The Minister of Land, Infrastructure and Transport may request an establisher or strategic plan to submit the data necessary for designation and support of the urban regeneration leading area. |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to designate an urban regeneration leading area or change the designation thereof pursuant to paragraph (1), he/she shall gather the opinions of the relevant central administrative agency and go through the deliberation of the Special Committee: Provided, That this shall not apply to the cases of changing minor matters. |
| (5) | Where the Minister of Land, Infrastructure and Transport designates the urban regeneration leading area or change the designation thereof, he/she shall publicly announce the contents thereof in an official gazette and allow the general public to inspect the relevant documents. |
| (6) | Other matters necessary for the designation standard and procedure, etc. of the urban regeneration leading area shall be prescribed by Presidential Decree. |
| Article 34 (Special Cases Measures for Urban Regeneration Leading Area) |
| (1) | Regardless of the establishment of the urban regeneration strategic plan for the urban regeneration leading area designated pursuant to Article 33, an establisher of strategic plan may establish an urban regeneration revitalization plan: Provided, That in cases of the local governments for which the urban regeneration strategic plan was established, it shall be deemed that the urban regeneration strategic plan was changed. |
| (2) | Notwithstanding Article 20, where an establisher of strategic plan intends to establish or change the urban regeneration revitalization plan in the urban regeneration area, he/she shall submit a request to the Minister of Land, Infrastructure and Transport for the approval after going through the deliberation of local council. |
| (3) | Upon receipt of the receiving for the approval of the urban regeneration revitalization plan pursuant to paragraph (2), the Minister of Land, Infrastructure and Transport shall approve it after going through the deliberation of the Special Council. |
| (4) | The Minister of Land, Infrastructure and Transport and an establisher of strategic plan may support the budget and manpower, etc. preferentially for the urban regeneration leading area designated pursuant to paragraph (1). |
| (5) | Notwithstanding the provisions under other Act, the State may bear the whole or part of the expenses for establishing facilities prescribed by Presidential Decree, from among the urban regeneration basic facilities pursuant to subparagraph 10 of Article 2 in the urban regeneration leading area. |
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12215, Jan. 7, 2014>
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. 12989, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 13793, Jan. 19, 2016>
This Act shall enter into force on the date of its promulgation.