CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure development of the infrastructure for and enhancement of competitive edge in the field of landscaping, and contribute to improvement of the people’s living environment and enhancement of the people’s life quality, by prescribing matters necessary for promoting the field of landscaping.
The definitions of terms used in this Act shall be as follows:
| 1. | The term “landscaping” means planning, designing, constructing and managing land or facilities so as to create landscapes in an ecological, functional and aesthetical manner by applying humanistic and scientific knowledge; |
| 4. | The term “landscaping promotion facility” means a facility designated pursuant to Article 7 to support the business activities of landscaping business entities by intensively attracting landscaping business entities; |
| 5. | The term “landscaping promotion complex” means an area designated or created pursuant to Article 8 to revitalize the field of landscaping by intensively attracting landscaping business entities, supporting facilities therefor, etc.; |
| 6. | The term “contracting authority” means an entity mentioned in any of the following subparagraphs, who awards a contract for a landscaping project: |
| (a) | The State or a local government; |
| (c) | A project implementer prescribed in subparagraph 7 of Article 2 of the Act on Public-Private Partnerships in Infrastructure or a person entrusted by a project implementer with the implementation of a project: Provided, That a person entrusted with the implementation of a project shall be limited to a person, at least 1/2 of whose capital is contributed by the relevant project implementer and who is approved by the head of the relevant central administrative agency as a contracting authority; |
| (d) | Other persons determined by Presidential Decree, such as a local government-invested public corporation prescribed in Article 49 of the Local Public Enterprises Act and a local industrial complex prescribed in Article 76 of that Act. |
| Article 3 (Relationship to other Acts) |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State shall formulate and implement comprehensive policies necessary for promoting the field of landscaping. |
| (2) | The local governments shall devise policies necessary for promoting the field of landscaping, based on the State’s policies and their regional characteristics. |
CHAPTER II PROMOTION OF AND INFRASTRUCTURE CREATION IN FIELD OF LANDSCAPING
| Article 5 (Formulation, etc. of Basic Plans) |
| (1) | The Minister of Land, Infrastructure and Transport shall, with respect to the promotion of the field of landscaping, formulate a basic plan for promoting landscaping (hereinafter referred to as “basic plan”) every five years. |
| (2) | A basic plan shall contain the following matters: |
| 1. | Matters concerning the analysis of current status and conditions of the field of landscaping; |
| 2. | Matters concerning basic direction-setting for promoting the field of landscaping; |
| 3. | Matters concerning policies for promotion by sector and competitiveness strengthening in the field of landscaping; |
| 4. | Matters concerning creation of the infrastructure for the field of landscaping; |
| 5. | Matters concerning revitalization of the field of landscaping; |
| 6. | Matters concerning advancing, researching and developing, and distributing landscaping-related technology; |
| 7. | Matters concerning fostering of professional human resources related to the field of landscaping (hereinafter referred to as “professional human resources”), such as landscaping engineers; |
| 8. | Matters concerning designating and creating facilities for promoting landscaping and complexes for promoting landscaping; |
| 9. | Matters concerning raising financial resources for promoting the field of landscaping; |
| 10. | Matters concerning support of international cooperation and overseas markets expansion in the field of landscaping; |
| 11. | Other matters necessary for promoting the field of landscaping. |
| (3) | The Minister of Land, Infrastructure and Transport may, if necessary for formulating and implementing a basic plan, request cooperation from the heads of the relevant central administrative agencies, the heads of local governments, and the heads of the relevant organizations and institutions. In such cases, the heads, in receipt of a request, shall comply therewith, except in extenuating circumstances. |
| (4) | Other matters necessary for formulating and implementing basic plans shall be prescribed by Presidential Decree. |
| (5) | The Minister of Land, Infrastructure and Transport may formulate and execute annual implementation plans within the scope of the basic plan prescribed in paragraph (1). |
| Article 6 (Fostering Professional Human Resources, etc.) |
| (1) | The Minister of Land, Infrastructure and Transport may provide education and training to foster the professional human resources necessary in the field of landscaping and improve the quality of such professional human resources. |
| (2) | The Minister of Land, Infrastructure and Transport may designate any of the following institutions as an institution for fostering the professional human resources according to the requirements and procedures prescribed by Presidential Decree: |
| 1. | A national or public research institute; |
| 3. | A specific research institute prescribed in the Support of Specific Research Institutes Act; |
| 4. | Other institutes prescribed by Presidential Decree. |
| (3) | An institution for fostering the professional human resources designated pursuant to paragraph (2) shall provide education and training under paragraph (1) and the Minister of Land, Infrastructure and Transport may subsidize the budget necessary therefor. |
| (4) | An institution for fostering the professional human resources designated pursuant to paragraph (2) shall formulate a plan for fostering professional human resources and providing education and training therefor. The details or procedures concerning the formulation of the plan shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Where an institution for fostering the professional human resources designated pursuant to paragraph (2) falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke such designation: Provided, That in cases falling under subparagraph 1, he/she shall revoke such designation: |
| 1. | Where it is designated in a false or otherwise unjustifiable manner; |
| 2. | Where it falls short of the requirements for designation prescribed by Presidential Decree; |
| 3. | Where it treats a person who fails to complete education as if he/she had completed it. |
CHAPTER III REVITALIZATION OF LANDSCAPING-RELATED BUSINESS
| Article 7 (Designation, etc. of Landscaping Promotion Facilities) |
| (1) | The Minister of Land, Infrastructure and Transport may, in order to revitalize landscaping-related business, designate as a landscaping promotion facility (hereinafter referred to as “promotion facility”) a building, etc. in which landscaping business entities are concentratedly located or are intended to be located, and may take measures necessary for giving support, such as providing funds and equipment. |
| (2) | A person who intends to be designated as a promotion facility shall apply to the Minister of Land, Infrastructure and Transport for designation, as prescribed by Presidential Decree. |
| (3) | Where the Minister of Land, Infrastructure and Transport designates a promotion facility pursuant to paragraph (1), he/she may attach conditions necessary for promoting the field of landscaping. In such cases, such conditions shall be limited to the minimum scope necessary for promoting public benefits and shall not impose any unjust obligation. |
| (5) | Matters necessary for designation requirements, support, etc. for the promotion facilities shall be prescribed by Presidential Decree. |
| Article 8 (Designation, etc. of Landscaping Promotion Complexes) |
| (1) | The Minister of Land, Infrastructure and Transport may, if necessary for promoting the field of landscaping, designate as a landscaping promotion complex (hereinafter referred to as “promotion complex”) an area in which infrastructure or attached facilities, etc. of landscaping-related businesses are clustered, or create such complex. |
| (2) | The Minister of Land, Infrastructure and Transport may provide funds and infrastructure for a promotion complex designated or created pursuant to paragraph (1). |
| (3) | A person who intends to be designated as a promotion complex shall apply to the Minister of Land, Infrastructure and Transport for designation, as prescribed by Presidential Decree. |
| (4) | Matters necessary for designation, creation, support, etc. of promotion complexes shall be prescribed by Presidential Decree. |
| Article 9 (Withdrawal of Designation of Promotion Facility and Promotion Complex) |
In any of the following cases, the Minister of Land, Infrastructure and Transport may withdraw the designation, as prescribed by Presidential Decree: Provided, That, in cases falling under subparagraph 1, he/she shall withdraw the designation:
| 1. | Where any person is designated in a false or otherwise unjustifiable manner; |
| 2. | Where any person ceases to meet requirements for a promotion facility or a promotion complex; |
| 3. | Where any person designated as a promotion facility or a promotion complex uses the funds and equipment supported pursuant to Articles 7 (1) and 8 (2) for purposes other than the original purpose; |
| 4. | Where any person designated as a promotion facility fails to comply with the designation requirements prescribed in Article 7 (3). |
| Article 10 (Local Governments’ Support of Promotion Facilities or Promotion Complexes) |
Notwithstanding Articles 17 (1) and 18 (1) of the Local Finance Act, local governments may, if necessary for promoting the field of landscaping, make contributions to or investments in a person who intends to create a promotion facility or a promotion complex.
| Article 11 (Designation, etc. of Landscaping Supporting Centers) |
| (1) | The Minister of Land, Infrastructure and Transport may, to promote the field of landscaping, designate an institution falling under any subparagraph of Article 6 (2) as a landscaping supporting center (hereinafter referred to as “supporting center”). |
| (2) | A supporting center shall engage in the following business: |
| 1. | Cooperation with the local government to promote the field of landscaping; |
| 2. | Support for the development of landscaping-related business entities, such as counselling; |
| 3. | Support for the research and formulation of landscaping-related policies; |
| 4. | Education for the professional human resources; |
| 5. | Establishment of foundations for the field of landscaping, such as the fosterage and development of such field and supporting facilities therefor; |
| 6. | Support to the starting, growth, etc. of landscaping business entities; |
| 7. | Trend analysis, statistics preparation, information distribution and services provision with respect to the field of landscaping; |
| 8. | Development, convergence, utilization and education of landscaping technologies; |
| 9. | Support to landscaping-related international exchanges and cooperation, and overseas markets expansion; |
| 10. | Business necessary for achieving the goals of designation of the supporting center. |
| (3) | The Minister of Land, Infrastructure and Transport may wholly or partially subsidize expenses incurred in engaging in a business prescribed in each subparagraph of paragraph (2) for supporting centers designated pursuant to paragraph (1) within budgetary limits. |
| (4) | Where a supporting center designated pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke the designation or order the correction, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | Where it acquired designation in a false or otherwise unjustifiable manner; |
| 2. | Where it ceases to meet the requirements for designation; |
| 3. | Where it fails to commence or delays business prescribed in each subparagraph of paragraph (2) without any justifiable grounds; |
| 4. | Where it fails to engage in a business prescribed in paragraph (2) for at least one year without any justifiable ground. |
| (5) | Matters necessary for procedures for either designating or revoking the designation of supporting centers shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 12 (Support of Overseas Markets Expansion and International Exchanges) |
| (1) | The Government may support the following matters to promote international exchanges and overseas markets expansion in the field of landscaping: |
| 1. | Provision of the relevant information, counselling, guidance, and assistance; |
| 2. | International exchanges of the relevant technologies and human resources; |
| 3. | Attraction of and participation in international events; |
| 4. | International joint research and development projects; |
| 5. | Other matters prescribed by Presidential Decree to support overseas markets expansion and international exchanges. |
| (2) | The Minister of Land, Infrastructure and Transport may request the institutions or organizations prescribed by Presidential Decree to perform projects prescribed in paragraph (1), and may support necessary budget thereto. |
| Article 13 (Holding of and Support for Landscaping Exhibitions, etc.) |
The State and Local governments may hold or support landscaping exhibitions, landscaping shows, etc. to promote the field of landscaping.
CHAPTER IV QUALITY CONTROL OF LANDSCAPING WORKS
| Article 14 (Quality Improvement, etc. of Landscaping Works) |
| (1) | A contracting authority shall formulate and implement measures necessary for improving the quality of landscaping works and enhancing the efficiency of maintenance and management thereof, such as the execution of a design idea, the timing for executing landscaping works, and management after the completion of works. |
| (2) | The objects, scales, methods of the measures to be formulated and implemented by contracting authorities pursuant to paragraph (1) for the improvement, etc. of landscaping works shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 15 (Standards for Considerations for Landscaping Projects) |
| (2) | The Minister of Land, Infrastructure and Transport shall determine and publicly announce standards necessary for calculating considerations for landscaping projects prescribed in paragraph (1). In such cases, the Minister of Land, Infrastructure and Transport shall consult in advance with the heads of the relevant central agencies, including the Minister of Strategy and Finance and the Ministry of Trade, Industry and Energy. |
| Article 16 (Designation and Support of Exemplary Landscape Facilities) |
| (1) | The Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, and the Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) may designate an exemplary landscape facility to enhance the pride of landscaping business entities and strengthen the competitive edge of the field of landscaping through highly elegant landscape facilities. |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to designate an exemplary landscape facility pursuant to paragraph (1), he/she shall follow the standards and procedures as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where a Mayor/Do Governor intends to designate an exemplary landscape facility pursuant to paragraph (1), he/she shall follow the standards and procedures as prescribed by municipal ordinance of the relevant local government. |
| (4) | The Minister of Land, Infrastructure and Transport and Mayors/Do Governors may wholly or partially subsidize expenses incurred in altering or repairing an exemplary landscape facility designated pursuant to paragraph (1). |
| Article 17 (Rewards and Awards) |
| (1) | The Minister of Land, Infrastructure and Transport may select and grant rewards to the individuals, organization, etc. that have made significant contributions to the promotion of the field of landscaping. |
| (2) | The Minister of Land, Infrastructure and Transport may present awards to the persons who win prizes with honors at exhibition contests, exhibitions of works, etc. |
| (3) | Matters necessary for presenting of rewards and awards prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
CHAPTER V SUPPLEMENTARY PROVISIONS
Where the Minister of Land, Infrastructure and Transport intends to take any of the following dispositions, he/she shall hold a hearing:
| 1. | Revocation of the designation of an institution for fostering the professional human resources prescribed in Article 6 (5); |
| 2. | Withdrawal of the designation of a promotion facility and a promotion complex prescribed in Article 9; |
| 3. | Revocation of the designation of a supporting center prescribed in Article 11 (4). |
| Article 19 (Reports and Inspections) |
The Minister of Land, Infrastructure and Transport may either order an institution to report the status of its business affairs for fostering the professional human resources prescribed in Article 6 (2) or a supporting center prescribed in Article 11 (1), or have public officials under his/her jurisdiction have access to an institution to inspect its books, documents or other things for fostering the professional human resources or a supporting center.
| Article 20 (Delegation and Entrustment of Authority) |
The authority prescribed in this Act of the Minister of Land, Infrastructure and Transport may wholly or partially be delegated to Mayors/Do Governors, or may wholly or partially be entrusted to institutions for fostering the professional human resources or supporting centers, as prescribed by Presidential Decree.
| Article 21 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| Article 22 (Administrative Fines) |
| (1) | A person who fails to make a report prescribed in Article 19 or makes a false report, or one who rejects, interferes with, or evades an inspection shall be subject to an administrative fine not exceeding two million won. |
| (2) | Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. |
ADDENDUM
This Act shall enter into force one year after the date of its promulgation.