CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to enhancement of the identity and dignity of the State and its local communities and the right of citizens to enjoy culture by prescribing matters necessary to improve the cultural publicness and aesthetic impression of public design.
The terms used in this Act shall be defined as follows:
| 1. | The term “public design” means designing public facilities, etc. to be developed, produced, installed, operated, or managed by the State, local governments, local public enterprises incorporated under the Local Public Enterprises Act, or public institutions designated under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “State agencies, etc.”) with the aim of improving the public nature and aesthetic impression of such public facilities, etc. for the benefit of the general public, and the outcomes of such designing; |
| 2. | The term “public design project” means a project performed by State agencies, etc. in the process of implementing public design of public facilities, etc., including planning, research, analysis, advisory service, design and manufacturing, installation, and management conducted in relation to public design; |
| 3. | The term “public facilities, etc.” means the following facilities, articles, visual images, etc. developed, produced, installed, operated, or managed by State agencies, etc. for the benefit of the general public: |
| (a) | Public transportation facilities, including public transportation stations or stops, and bicycle racks; |
| (b) | Pedestrian safety facilities, including bollards and fences; |
| (c) | Convenience facilities, including benches, street stands, and pergolas; |
| (d) | Supply facilities, including manholes, fire hydrants, and traffic light control boxes; |
| (e) | Green facilities, including street tree guards, street flower stands, and fountains; |
| (f) | Guidance facilities, including direction signs, banner posts, and poster boards; |
| (g) | Other facilities corresponding to those specified in items (a) through (f). |
| Article 3 (Responsibilities of the State and Local Governments) |
The State and local governments shall formulate and implement policies necessary for the promotion of public design and endeavor to expand and manage necessary financial resources.
| Article 4 (Relationship to other Acts) |
Except as otherwise expressly provided for in other Acts, this Act shall apply to public design.
CHAPTER II COMPREHENSIVE PLANS FOR PROMOTING PUBLIC DESIGN, ETC.
| Article 5 (Formulation of Comprehensive Plans for Promoting Public Design, etc.) |
| (1) | The Minister of Culture, Sports and Tourism shall formulate and implement a comprehensive plan for promoting public design (hereinafter referred to as “comprehensive plan”) quinquennially, after consulting with the heads of the relevant central administrative agencies in order to promote public design. |
| (2) | The Minister of Culture, Sports and Tourism shall finalize or amend a comprehensive plan, following deliberation by the Public Design Committee referred to in Article 7. In such cases, the Minister of Culture, Sports and Tourism shall notify the heads of local governments or related institutions of the finalization of or amendment to the aforementioned comprehensive plan. |
| (3) | A comprehensive plan shall include the following: |
| 1. | Matters related to the basic objectives and direction-setting for public design policies; |
| 2. | Matters related to the comprehensive and systematic management of public design; |
| 3. | Matters related to the nurturing of experts in public design; |
| 4. | Matters related to laws and institutions related to public design; |
| 5. | Matters related to cooperation with related fields and public participation for the promotion of public design; |
| 6. | Other important matters related to the promotion of public design. |
| (4) | If necessary to efficiently formulate and implement a comprehensive plan, the Minister of Culture, Sports and Tourism may request local governments and related institutions to submit relevant materials. In such cases, any institution in receipt of such request shall comply therewith, except in extenuating circumstances. |
| (5) | The Minister of Culture, Sports and Tourism may conduct a survey on the actual status of public design as necessary to formulate and implement a comprehensive plan. |
| (6) | Matters necessary for formulation and implementation of comprehensive plans under paragraph (1), submission of materials under paragraph (4), and methods, procedures, etc. for conducting an actual condition survey under paragraph (5), shall be prescribed by Presidential Decree. |
| Article 6 (Formulation of Local Plans for Promoting Public Design, etc.) |
| (1) | A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall separately formulate and implement a local plan for promoting public design on the basis of a comprehensive plan and in consideration of local conditions. |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall finalize or amend the local plan, following deliberation by a local committee referred to in Article 9. |
| (3) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu formulates a local plan, the heads of State agencies, etc. in charge of the management of the relevant public facilities under his/her jurisdiction shall actively cooperate in formulating and implementing the local plan. |
| (4) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall inform local residents of matters related to the formulation of or amendment to a local plan, and local residents and interested parties to the formulation of or amendment to a local plan may make a proposal on matters to be included in the local plan to the head of a local government who formulates it. |
| (5) | Matters necessary for formulation and implementation of local plans under paragraph (1), informing of formulation of local plans and processing proposals under paragraph (4), and other necessary matters, shall be determined by ordinance of the relevant local government. |
CHAPTER III PUBLIC DESIGN COMMITTEE, ETC.
| Article 7 (Establishment of Public Design Committee) |
A Public Design Committee (hereinafter referred to as the “Committee”) may be established under the control of the Minister of Culture, Sports and Tourism in order to deliberate on and adjust the following matters related to the promotion of public design:
| 1. | Matters related to the formulation of a comprehensive plan referred to in Article 5 (1); |
| 2. | Matters related to the provision of advice to a promotion council referred to in Article 15 (2); |
| 3. | Matters related to policies for promoting public design; |
| 4. | Matters related to support for projects and activities for promoting public design; |
| 5. | Matters related to the enhancement of laws and institutions related to public design; |
| 6. | Other matters deemed necessary by the Committee for the promotion of public design. |
| Article 8 (Composition and Operation of Committee) |
| (1) | The Committee shall be comprised of at least ten, but not exceeding thirty members, including one Chairperson. |
| (2) | The Minister of Culture, Sports and Tourism shall serve as the Chairperson, and the members of the Committee shall be those falling under any of the following: |
| 1. | Public officials at the vice-ministerial rank of the Ministry of Strategy and Finance, the Ministry of Trade, Industry and Energy, the Ministry of Land, Infrastructure and Transport, and other related central administrative agencies prescribed by Presidential Decree; |
| 2. | Persons commissioned by the Minister of Culture, Sports and Tourism, selected from among those with abundant knowledge and experience in the fields related to public design and with high reputation for virtue. |
| (3) | The Committee may establish and operate a subcommittee to perform its duties professionally. |
| (4) | Other necessary matters concerning the composition, operation, etc. of the Committee shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 9 (Local Committees) |
| (1) | A committee for the local promotion of public design (hereinafter referred to as “local committee”) shall be established under the control of a Mayor/Do Governor or the head of a Si/Gun/Gu, to formulate and implement local plans, provide advice to promotion councils referred to Article 15 (2), and deliberate on matters determined by ordinances. |
| (2) | The members of a local committee shall include those with abundant knowledge and experience in the fields related to public design and with high reputation for virtue. |
| (3) | Other necessary matters concerning the composition, operation, etc. of local committees shall be prescribed by ordinance of the relevant local government. |
CHAPTER IV IMPLEMENTATION OF PUBLIC DESIGN PROJECTS, ETC.
| Article 10 (Principles for Implementation of Public Design Projects) |
In conducting public design projects, the heads of State agencies, etc. shall comply with the following basic principles:
| 1. | The public interest and safety shall be considered as a matter of top priority, and an aesthetically pleasing and pleasant environment shall be created; |
| 2. | Design which enables every person to use the environment safely and enjoy it, regardless of his/her age, sex, disability, nationality, etc., shall be aimed for; |
| 3. | The history and identity of the State and its local communities shall be expressed, and the harmony and balance with the surrounding environment shall be pursued; |
| 4. | Citizens' opinions regarding public design shall be actively gathered, and diverse ways for citizens to participate in the decision-making process shall be prepared; |
| 5. | Efforts shall be made to implement public design from an integrated viewpoint based on a system for active cooperation with related institutions in charge of public facilities, etc.; |
| 6. | Efforts shall be made to comply with other matters prescribed in this Act. |
| Article 11 (Services for Public Design) |
| (1) | In order to efficiently execute a public design project, State agencies, etc. may award a service contract for all or part of a public design project. |
| (2) | Where a public design service contract is concluded, an appropriate amount shall be paid in consideration of services rendered, in order to secure the quality and value of public design services. |
| (3) | The Minister of Culture, Sports and Tourism shall determine and publicly announce standards necessary for calculating considerations to be paid pursuant to paragraph (2). |
| Article 12 (Participation in Rendering Public Design Services) |
Any institution specialized for public design services referred to in Article 18 and any agency, enterprise, organization, etc. which employ experts in public design referred to in Article 20 in excess of the standards prescribed by Presidential Decree, may participate in rendering public design services.
| Article 13 (Compensation for Proposals) |
| (1) | When concluding a service contract for public design, State agencies, etc. may pay compensation to a person who receives an excellent review in the evaluation of a proposal, from among those who are not determined as a successful bidder, so as to compensate for some of expenses incurred in preparing the proposal, within budgetary limits. |
| (2) | Necessary matters concerning the standards, procedures, etc. for paying compensation for proposals under paragraph (1) shall be determined and publicly announced by the Minister of Culture, Sports and Tourism. |
| Article 14 (Public Hearings) |
If necessary to conduct a public design project, State agencies, etc. shall hold a public hearing to gather opinions from local residents, relevant experts, etc. and reflect the consensus reached in the public hearing in implementation of the public design project, if deemed meritorious.
| Article 15 (Promotion Council) |
| (1) | State agencies, etc. may establish a public design project promotion council (hereinafter referred to as “promotion council”) comprised of local residents, non-governmental organizations, related enterprises, related experts, administrative agencies, etc. in order to secure cooperation necessary to facilitate implementation of a public design project. |
| (2) | Upon request by a promotion council, the Committee or a local committee may provide necessary advice. |
| (3) | Necessary matters concerning the composition, operation, etc. of promotion councils shall be prescribed by Presidential Decree. |
| Article 16 (Participation by Experts) |
| (1) | When implementing a public design project, State agencies, etc. may commission an expert to conduct some of the duties of the relevant project or be responsible for the general supervision and coordination of the relevant duties. |
| (2) | Necessary matters concerning the qualification, work scope, remuneration, etc. for experts under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Establishment of Task Force and Placement of Experts) |
In order to facilitate execution of a public design project, State agencies, etc. may set up a task force or place experts necessary therefor.
CHAPTER V ESTABLISHMENT OF FOUNDATION FOR PROMOTION OF PUBLIC DESIGN
| Article 18 (Nurturing of Institutions Specialized for Public Design Services) |
| (1) | The State may support and nurture the following enterprises, institutions, schools, and organizations, as prescribed by Presidential Decree, to enable them to provide professional services for public design pursuant to Article 11: |
| 1. | Enterprises which meet the standards determined by Ordinance of the Ministry of Culture, Sports and Tourism, from among those specialized for planning, research, analysis, development, advisory services, etc. in relation to public design (hereinafter referred to as “enterprise specialized for public design”); |
| 2. | Universities or colleges, industrial colleges, junior colleges, technical colleges, and other various kinds of schools prescribed in the Higher Education Act where departments or research centers related to public design have been established; |
| 3. | Research institutions which conduct research on public design; |
| 4. | Other public design-related institutions or organizations prescribed by Presidential Decree. |
| (2) | Each enterprise specialized for public design shall report to the Minister of Culture, Sports and Tourism, in compliance with the requirements and procedures prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 19 (Designation of Exclusive Institutions, etc.) |
| (1) | The Minister of Culture, Sports and Tourism may designate an institution exclusively in charge of the duties for promoting public design (hereinafter referred to as “exclusive institution”). |
| (2) | An exclusive institution may conduct the following: |
| 1. | Project related to the nurturing of experts in public design referred to in Article 20; |
| 2. | Project related to the selection of outstanding public design referred to in Article 21; |
| 3. | Project for research on policies concerning the promotion of public design, and support therefor; |
| 4. | Project for the establishment of a database related to public design; |
| 5. | Public design pilot project, education, and promotion for the spread of the value of public design. |
| (3) | The State may subsidize expenses incurred in operating an exclusive institution, etc. |
| (4) | Necessary matters concerning the designation, operation, etc. of exclusive institutions shall be prescribed by Presidential Decree. |
| Article 20 (Nurturing of Experts in Public Design) |
| (1) | For nurturing experts in public design, the Minister of Culture, Sports and Tourism may establish standards for experts in public design. |
| (2) | The Government shall promote the industry-academic cooperation and education on the nurturing of experts in public design. |
| (3) | The Minister of Culture, Sports and Tourism may conduct a survey on the actual status of experts in public design and utilize it for the fostering of experts. In such cases, necessary matters concerning the scope, methods, procedures, etc. for the actual status survey shall be prescribed by Presidential Decree. |
| Article 21 (Selection of Outstanding Public Design, etc.) |
| (1) | The State and local governments may select and award public design with outstanding cultural publicness and aesthetic impression. |
| (2) | Necessary matters concerning the methods, procedures, etc. for selecting and awarding outstanding public design under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 22 (National Subsidies) |
The State and local governments may fully or partially subsidize expenses incurred in conducting a project or activity with the aim of promoting public design, within budgetary limits.
| Article 23 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Culture, Sports and Tourism may partially delegate his/her authority bestowed under this Act to the heads of local governments, as prescribed by Presidential Decree. |
| (2) | The Minister of Culture, Sports and Tourism and the heads of local governments may fully or partially entrust organizations related to public design with the duties bestowed under this Act. |
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.