FRAMEWORK ACT ON BUILDING
Act No. 8783, Dec. 21, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 11690, Mar. 23, 2013
Act No. 13470, Aug. 11, 2015
Act No. 14839, Jul. 26, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to people leading a healthy life and to enhancing the welfare thereof through the promotion of architectural culture by determining responsibilities concerning architecture of the State, local governments and people and by prescribing the establishment, implementation, etc. of architectural policies.
The basic idea of this Act is to realize the public value of architecture in the following through the collective efforts of the State, local governments, and people:
| 1. | Construction of living space directly related with the safety, health, and welfare of the people; |
| 2. | Construction of spatial environment that coordinates and admits diverse demand of the society, and becomes the basis of economic activities; |
| 3. | Creation and construction of cultural space that reflects the characteristic mode of living of provinces and is to be inherited to future generations. |
The definitions of terms used in this Act shall be as follows:
| 1. | The term "building" means a structure with roofs and pillars or walls, which is fixed on the land, and a facility annexed thereto; |
| 2. | The term "spatial environment" means spatial structures, public space, and landscaping formed by buildings; |
| 3. | The term "public space" means space, such as streets, parks, and plazas, and facilities annexed thereto and used by the public; |
| 4. | The term "architectural design" means activities of planning, designing, and improving buildings and spatial environments in order to materialize the publicness of architecture by constructing buildings with excellence in elegance and quality, and spatial environments; |
| 5. | The term "elegance" means appropriateness which can create a sense of purpose and the identity of provinces through relationship with surroundings, scale, shape, structure, material, level of construction, etc.; |
| 6. | The term "quality" means objective capabilities, such as safety, hygiene, function, pleasantness, conservation of resources, and recycling; |
| 7. | The term "architecture" means planning, design, construction, and maintenance of buildings and spatial environments. |
| Article 4 (Duties of State and Local Governments) |
| (1) | The State shall establish and implement a comprehensive architectural policy in order to construct buildings and spatial environment with excellence in elegance and quality, and local governments shall establish and implement architectural policies conforming to the national architectural policy, which corresponds with the actual circumstances of the provinces. |
| (2) | Where the State, local governments or public institutions under the Act on the Management of Public Institutions (hereinafter referred to as "public institutions") place an order directly or become a client of construction, they shall endeavor to take the lead in the excellent architectural design. |
| (3) | The State and local governments shall endeavor to activate necessary education and publicity campaigns in order to raise people's understanding of architecture. |
| (4) | The State and local governments shall endeavor to develop professional knowledge in the field of architecture and to cultivate professional human resources therein. |
| Article 5 (Responsibilities of People) |
| (1) | People shall endeavor to actively participate in and cooperate in architectural policies implemented by the State and local governments. |
| (2) | Clients of construction and order placers shall select designers, builders, etc. in accordance with impartial standards and procedures, and shall pay proper remuneration, and owners and managers shall maintain and manage buildings and spatial environment so that the public value of architecture under Article 2 is embodied straightforward. |
| (3) | Experts in architecture shall develop professional knowledge and, on the basis thereof, shall assist people in understanding architecture in an independent and impartial position, and shall endeavor to materialize the public value of architecture. |
| Article 6 (Relationship with Other Acts) |
Where the State intends to enact or amend other Acts concerning architecture, such enactment or amendment shall be consistent with the purpose and basic idea of this Act.
CHAPTER II BASIC DIRECTION OF ARCHITECTURAL POLICY
| Article 7 (Materialization of Living Spatial Publicness of Architecture) |
| (1) | The State and local governments shall take measures necessary to safely construct buildings and spatial environment and to continuously maintain such safety level in preparation for all kinds of disasters. |
| (2) | The State and local governments shall take necessary measures so that buildings and spatial environment are constructed, paying regard to the health of users and to the use by persons with disabilities, older persons feeble persons, pregnant women, etc. from the planning or designing stage. |
| Article 8 (Procurement of Social Publicness of Architecture) |
| (1) | The State and local governments shall establish and implement architectural policies which can meet the various needs of people and multidimensional culture, and actively cope with changes in the demand for culture and in technology in society in the future. |
| (2) | The owners or managers of buildings shall manage buildings and spatial environments to be constructed as a social and economic asset which is inherited to future generations, and the value thereof to be strengthened continuously. |
| (3) | When the owners or managers of buildings construct and use buildings and spatial environments, they shall harmonize such buildings and spatial environments with the nature by minimizing impact on the environment and by promoting the reuse and recycling of resources in the process, etc. |
| Article 9 (Materialization of Cultural Publicness of Architecture) |
| (1) | The owners or managers of buildings shall endeavor to increase the cultural value of buildings throughout the process of constructing and using buildings and spatial environment. |
| (2) | The creativity of related experts shall be respected in order to elevate cultural and industrial competitiveness of buildings and spatial environment. |
| (3) | The State and local governments shall devise necessary measures to ensure buildings and spatial environments are constructed in conformity with the climate, history, or the environment of the provinces based on the participation of the residents of such provinces. |
| (4) | The State and local governments shall devise necessary measures to preserve characteristic architectural heritage of the provinces and to ensure new buildings and spatial environment harmonize and balance with the existing spatial environment. |
| (5) | The State and local governments shall endeavor to elevate the reliability of architectural policies, such as monitoring architectural policies implemented respectively and assessing policy outcomes. |
CHAPTER III ESTABLISHMENT OF ARCHITECTURAL POLICY
| Article 10 (Establishment of Master Plans for Architectural Policy) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish and implement a master plan concerning architectural policy (hereinafter referred to as "master plan for architectural policy") every five years. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | When the Minister of Land, Infrastructure and Transport intends to establish or modify a master plan for architectural policy, he/she shall consult with the heads of related central administrative agencies, gather opinions at public hearings, etc., and determine it after deliberation of the Presidential Commission on Architecture Policy under Article 13 and a report to the President. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | Where insignificant matters are proposed for modification in the master plan for architectural policy, procedures under paragraph (2) may be omitted. |
| (4) | When the Minister of Land, Infrastructure and Transport intends to prepare a master plan for architectural policy, he/she may request the heads of related central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors") to submit a plan under their jurisdiction concerning policies, projects, etc. to be reflected in the master plan for architectural policy, and the heads of related central administrative agencies and Mayors/Do Governors shall comply therewith unless there is a compelling reason not to do so. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (5) | When a master plan for architectural policy has been determined, the Minister of Land, Infrastructure and Transport shall publish important details thereof in the Official Gazette without delay and deliver them to the heads of related central administrative agencies and Mayors/Do Governors. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (6) | Matters necessary for the establishment, implementation, modification, etc. of the master plan for architectural policy, shall be prescribed by Presidential Decree. |
| Article 11 (Details of Master Plans for Architectural Policy) |
A master plan for architectural policy shall contain the following matters:
| 1. | Matters concerning the present status, changes in circumstances, and prospect of architecture; |
| 2. | Matters concerning the basic objectives and direction of promotion of architectural policy; |
| 3. | Matters concerning the improvement of elegance and quality of architecture; |
| 4. | Matters concerning integrated architectural design for the improvement of urban landscape; |
| 5. | Measures for development of and assistance to architecture in the provinces; |
| 6. | Matters concerning research and development, such as excellent design technique and state-of-the-art buildings; |
| 7. | Matters concerning the fostering, assistance and management of professional human resources in the field of architecture; |
| 8. | Matters concerning the improvement of international competitiveness in architecture, such as architectural design; |
| 9. | Matters concerning the construction of foundation for architectural culture; |
| 10. | Matters concerning the development and distribution of technology related to architecture and concerning leading pilot projects; |
| 11. | Matters necessary for the implementation of master plan for architectural policy and for the promotion of architecture prescribed by Presidential Decree. |
| Article 12 (Establishment, etc. of Master Plans for Provincial Architecture) |
| (1) | For an architectural policy corresponding with the present situation of the provinces and the actual social, economic, and cultural circumstances, Mayors/Do Governors shall establish and implement a master plan concerning architectural policy (hereinafter referred to as "master plan for metropolitan architecture") of the relevant Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") in accordance with the master plan for architectural policy every five years, and the heads of Sis/Guns/Gus (the heads of Gus means the heads of autonomous Gus; hereinafter the same shall apply) may, if necessary, establish and implement a master plan concerning architectural policy (hereinafter referred to as "master plan for municipal architecture") of Sis/Guns/Gus (Gus means autonomous Gus; hereinafter the same shall apply) in accordance with the master plan for architectural policy and the master plan for metropolitan architecture every five years. |
| (2) | Where master plans for metropolitan architecture or master plans for municipal architecture (hereinafter referred to as "master plans for provincial architecture") are established or modified, the Mayors/Do Governors or the heads of Sis/Guns/Gus shall gather opinions through public hearings, etc. and hear the opinions of the relevant local councils, and determine them after deliberation by the City/Do architectural policy commission or Si/Gun/Gu architectural policy commission under Article 18. |
| (3) | Where insignificant matters determined by ordinances of local governments as prescribed by Presidential Decree among the master plans for provincial architecture, are proposed for modification, procedures under paragraph (2) may be omitted. |
| (4) | Where Mayors/Do Governors or the heads of Sis/Guns/Gus establish or modify master plans for provincial architecture pursuant to paragraph (1), they shall report such fact to the Minister of Land, Infrastructure and Transport without delay: Provided, That the heads of Sis/Guns/Gus establish or modify master plans for municipal architecture, they shall report such fact to the Minister of Land, Infrastructure and Transport through the relevant Mayors/Do Governors. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (5) | Matters necessary for the establishment, implementation, modification, etc. of master plans for provincial architecture, shall be prescribed by Presidential Decree. |
CHAPTER IV ARCHITECTURAL POLICY COMMISSION
| Article 13 (The Presidential Commission on Architecture Policy) |
| (1) | In order to deliberate on important policies concerning the field of architecture, to coordinate architectural policies of related Ministries and to implement other matters prescribed by this Act, a National Commission on Architectural Policy shall be established under the jurisdiction of the President. |
| (2) | The National Commission on Architectural Policy under paragraph (1) (hereinafter referred to as the "Presidential Commission on Architecture Policy") shall be composed of not more than 30 members including one chairperson. |
| (3) | The chairperson shall be appointed from among its members by the President, and the following persons shall become its members: |
| 1. | Heads of central administrative agencies prescribed by Presidential Decree; |
| 2. | Persons commissioned by the President from among persons with extensive knowledge and experience in the field of architecture. |
| (4) | The Presidential Commission on Architecture Policy may establish and operate subcommittees in order to professionally implement administrative affairs under its jurisdiction. |
| (5) | Matters necessary for the term of members, operation of the Presidential Commission on Architecture Policy and subcommittees, etc. shall be prescribed by Presidential Decree. |
| Article 14 (Function of the Presidential Commission on Architecture Policy) |
The Presidential Commission on Architecture Policy shall deliberate on the following matters:
| 1. | Establishment and coordination of architectural policies, including master plans for architectural policy; |
| 2. | Assistance to important projects concerning the development of architectural field; |
| 3. | Matters concerning the improvement of architectural administration; |
| 4. | Matters concerning the promotion of cultural events regarding architecture; |
| 5. | Matters concerning the expansion of opportunities to enjoy architectural culture of people; |
| 6. | Matters concerning the establishment of standards for architectural design under Article 21 (1) and (2); |
| 7. | Matters concerning investigation, research, and development concerning architecture; |
| 8. | Other matters that the chairperson raises for discussion concerning architectural policies. |
| Article 15 (Report on Architectural Policies to the National Assembly) |
| (1) | The Minister of Land, Infrastructure and Transport shall prepare a report on the establishment, implementation, etc. of important policies concerning architecture after hearing the opinions of the Presidential Commission on Architecture Policy, and shall submit it to the relevant standing committee of the National Assembly every two years. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The report under paragraph (1) shall contain the following matters: |
| 1. | Matters concerning the establishment, implementation, results, etc. of master plans for architectural policy; |
| 2. | Prospect of changes in architectural environment in society in the future and measures therefor; |
| 3. | Matters concerning measures, projects, etc. to promote architectural culture; |
| 4. | Matters concerning succession to provincial climate and tradition in order to promote architectural environment and culture; |
| 5. | Matters concerning the internationalization of architectural system, standards, etc.; |
| 6. | Matters concerning the strengthening of industrial competitiveness, such as the development of architectural technology and architectural design, and the cultivation of professional human resources; |
| 7. | Other important matters concerning architecture. |
| Article 16 (Basic Investigation into Architecture) |
| (1) | When necessary for deliberation on matters under the subparagraphs of Article 14, preparation for reports under Article 15 (1), etc., the Minister of Land, Infrastructure and Transport may investigate into matters prescribed by Presidential Decree, such as all kinds of statistics on architecture, present status of buildings, degree of understanding of architecture, level of expectations for architecture, and other necessary data in connection with the subparagraphs of Article 15 (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may request the heads of central administrative agencies or heads of local governments to submit data necessary for investigation or to directly investigate into some of the matters of investigation under paragraph (1). In such cases, the heads of central administrative agencies or heads of local governments who have been requested, shall comply therewith unless there is a compelling reason not to do so. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (1) | In order to handle the administrative affairs of the Presidential Commission on Architecture Policy, a task force shall be established under the Presidential Commission on Architecture Policy. |
| (2) | Where necessary for the implementation of duties, the Presidential Commission on Architecture Policy may request related administrative agencies, related institutions, juristic persons, organizations, etc. to dispatch public officials, or executive officers and employees under their jurisdiction, or to make them concurrently take office. |
| (3) | Matters necessary for the composition and operation of task force shall be prescribed by Presidential Decree. |
| Article 18 (Provincial Commissions on Architecture) |
| (1) | In order to deliberate on important policies on the architectural field of the provinces and to implement matters prescribed by this Act, City/Do commissions on architecture policy (hereinafter referred to as "metropolitan commissions on architecture policy") may be established under the jurisdiction of Mayors/Do Governors, and Si/Gun/Gu commissions on architecture policy may be established under the jurisdiction of the heads of Sis/Guns/Gus (hereinafter referred to as "municipal commissions on architecture policy"). |
| (2) | Matters necessary for the composition and organization of metropolitan commissions on architecture policy and municipal commissions on architecture policy (hereinafter referred to as "provincial commissions on architecture policy") and for the operation of the commissions shall be prescribed by ordinances of the relevant local governments: Provided, That where relevant commissions prescribed by Presidential Decree have been already established in the relevant local governments, they may be made to function on behalf of the provincial commissions on architecture policy, as prescribed by municipal ordinance. |
| Article 19 (Function of Provincial Commissions on Architecture Policy) |
The provincial commissions on architecture policy shall conduct administrative affairs concerning the following matters:
| 1. | Matters concerning the establishment and implementation of master plans for provincial architecture of the relevant provinces; |
| 2. | Matters concerning the improvement of architectural administration of the relevant provinces; |
| 3. | Matters concerning the projects and activities for the construction of foundations for architectural culture. |
CHAPTER V PROMOTION OF ARCHITECTURAL CULTURE
| Article 20 (Financial Assistance for Promotion of Architectural Culture) |
In order to improve buildings and spatial environments and to promote architectural culture, the Minister of Land, Infrastructure and Transport may render financial assistance, such as subsidies from the National Treasury, to the following projects after consultation with the Minister of Culture, Sports and Tourism and the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| 1. | Establishment and operation of facilities concerning architectural culture; |
| 2. | Projects concerning architectural culture, such as publication, exhibitions, and festivals; |
| 3. | Education to increase understanding of architecture of people; |
| 4. | Overseas expansion and international exchange concerning architecture; |
| 5. | Establishment of standards for architectural design under Article 21; |
| 6. | Pilot projects of architectural design under Article 22; |
| 7. | Other projects prescribed by Presidential Decree for the promotion of architectural culture. |
| Article 21 (Establishment of Standards for Architectural Design) |
| (1) | The Minister of Land, Infrastructure and Transport may establish standards for architectural design (excluding public space) after consultation with the Minister of Trade, Industry and Energy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may establish standards for architectural design of public space after consultation with the Minister of Culture, Sports and Tourism and the Minister of Trade, Industry and Energy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | Mayors/Do Governors or the heads of Sis/Guns/Gus may prescribe separate standards for architectural design for provinces within the extent of standards under paragraphs (1) and (2). |
| (4) | The heads of local governments may recommend the owners and managers of buildings or facilities in spatial environment and the heads of public institutions to comply with the standards for architectural design under paragraphs (1) through (3). |
| (5) | Matters necessary for the establishment of standards for architectural design under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 22 (Implementation of Pilot Project for Architectural Design) |
| (1) | In order to increase public interest and to strengthen the competitiveness of architectural design, the heads of central administrative agencies, Mayors/Do Governors, or the heads of Sis/Guns/Gus may designate the following projects as pilot projects: |
| 1. | Projects implemented by public institutions; |
| 2. | Development and readjustment projects that improve architectural design; |
| 3. | Projects ordered by civilians, which are prescribed by Presidential Decree. |
| (2) | The heads of central administrative agencies, Mayors/Do Governors, or the heads of Sis/Guns/Gus may assist pilot projects under paragraph (1) through financial assistance, etc. |
| (3) | Matters necessary for the procedures of designation, application of standards for architectural design, financial assistance, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 23 (Participation of Civilian Experts) |
| (1) | When the heads of central administrative agencies and heads of local governments process civil petitions concerning architecture, or implement invitation to design competition or urban development projects, etc., they may entrust civilian experts and require them to proceed and coordinate part of the relevant duties. |
| (2) | Matters necessary for the qualifications of civilian experts under paragraph (1), extent of duties, remuneration, etc. shall be prescribed by Presidential Decree. |
| Article 24 (Implementation of Invitation to Design Competitions) |
In order to select excellent designs for buildings and spatial environment, the State, local governments, and public institutions shall endeavor to implement invitations to participate in design competitions.
CHAPTER VI ADMINISTRATION OF THE BUILDING REGULATIONS OF KOREA
| Article 25 (Public Announcement, etc. of the Building Regulations of Korea) |
| (1) | In order to provide comprehensive information on and reasonably administer, the Building Act, other relevant statutes, and regulations including administrative rules and municipal ordinances (hereafter referred to as "building-related regulations" in this Article), which provide for matters regarding design, construction, supervision on construction work, maintenance, and management of buildings, the Minister of Land, Infrastructure and Transport may publicly announce the Building Regulations of Korea (hereinafter referred to as the "Building Regulations of Korea"), into which the building-related regulations are integrated upon consultation with the heads of central administrative agencies and local governments who are in charge of the building-related regulations, and shall provide the Building Regulations of Korea to citizens through the information system of the building service industry created under Article 8 of the Act on the Promotion of Building Service Industry. |
| (2) | Where building-related regulations are established, amended, or repealed, the heads of central administrative agencies and local governments who are in charge of the relevant regulations, shall take measures for reflecting such changes in the Building Regulations of Korea, as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13470, Aug. 11, 2015]
| Article 26 (Endeavors to Improve the Building Regulations of Korea) |
| (1) | The Minister of Land, Infrastructure and Transport shall regularly manage and reasonably improve or revise the Building Regulations of Korea; if necessary for the aforesaid purpose, the Minister may establish and operate the Council for the Building Regulations of Korea comprised of the public officials of the relevant Ministries, as prescribed by Presidential Decree. |
| (2) | If deemed necessary to improve or revise part of the Building Regulations of Korea, the Minister of Land, Infrastructure and Transport may request the heads of the relevant agencies to improve or revise such part, after deliberation by the Presidential Commission on Architecture Policy, as prescribed by Presidential Decree. In such cases, the heads of the relevant agencies shall comply with such request, except in extenuating circumstances. |
| (3) | Mayors/Do Governors shall evaluate municipal ordinances related to the Building Regulations of Korea under their control every three years; and if deemed necessary to improve or revise such ordinances, the Mayors/Do Governors shall take measures for such improvements or revisions, after deliberation by a building committee established by them pursuant to Article 4 of the Building Act. |
| (4) | Mayors/Do Governors shall evaluate ordinances of Sis/Guns/Gus under their jurisdiction, related to the Building Regulations of Korea, every three years; and if deemed necessary to improve or revise such ordinances, the Mayors/Do Governors may request the head of the relevant Si/Gun/Gu under their jurisdiction to do so, after deliberation by a building committee established by them pursuant to Article 4 of the Building Act. In such cases, the head of the relevant Si/Gun/Gu under their jurisdiction shall comply with such request, except in extenuating circumstances. |
| (5) | The Prime Minister or the Minister of the Interior and Safety shall take into account the endeavors, etc. made by central administrative agencies or local governments for the improvements under Articles 25 (2) and 26 (1) through (4), when he/she conducts evaluations of public services under the Framework Act on Public Service Evaluation. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 13470, Aug. 11, 2015]
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
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. 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. 13470, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively.
Articles 2 through 6 Omitted.