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ENFORCEMENT DECREE OF THE PUBLIC DESIGN PROMOTION ACT

Presidential Decree No. 27439, Aug. 4, 2016

Amended by Presidential Decree No. 28211, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Public Design Promotion Act and those necessary for the enforcement thereof.
 Article 2 (Comprehensive Plans for Promoting Public Design)
(1) Where the Minister of Culture, Sports and Tourism formulates a comprehensive plan for promoting public design (hereinafter referred to as “comprehensive plan”) under Article 5 (1) of the Public Design Promotion Act (hereinafter referred to as the “Act”), he/she may gather opinions from the general public and other interested persons.
(2) Where the Minister of Culture, Sports and Tourism finalizes or amends a comprehensive plan, he/she shall publicly announce the details thereof.
(3) Where the Minister of Culture, Sports and Tourism requests for the submission of relevant materials under Article 5 (4) of the Act, he/she shall make such request in writing by specifying the purpose of using such materials, scope of materials, submission period, submission method, etc.
 Article 3 (Actual Status Surveys)
(1) An actual status survey referred to in Article 5 (5) of the Act (hereinafter referred to as “actual status survey”) shall include the following:
1. Current status of placing orders for public design projects and awarding public design service contracts;
2. Actual conditions of the availability of and demand for persons engaged in pubic design and experts in public design referred to in Article 20 of the Act (hereinafter referred to as “experts”);
3. Current status of public design education conducted 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.”);
4. Current status of laws and institutions related to public design;
5. Current status of corporations, institutions, schools, and organizations related to public design;
6. Current status of public design-related departments and budget of State agencies, etc.;
7. Other matters for which the Minister of Culture, Sports and Tourism deems that an actual status survey needs to be conducted in order to formulate or amend a comprehensive plan.
(2) Actual status surveys shall be classified into regular surveys and occasional surveys, and a regular survey shall be conducted biennially and an occasional survey shall be implemented when the Minister of Culture, Sports and Tourism deems necessary to formulate or amend a comprehensive plan.
(3) The Minister of Culture, Sports and Tourism may request an institution or organization specialized for public design to conduct an actual status survey.
 Article 4 (Scope of Related Central Administrative Agencies)
(1) “Other related central administrative agencies prescribed by Presidential Decree” in Article 8 (2) 1 of the Act, means: <Amended by Presidential Decree No. 28211, Jul. 25>
1. Ministry of Education;
2. Ministry of Foreign Affairs;
3. Ministry of the Interior and Safety;
4. Ministry of Agriculture, Food and Rural Affairs;
5. Ministry of Gender Equality and Family;
6. Ministry of Oceans and Fisheries.
(2) In applying Article 8 (2) 1 of the Act, in cases falling under an agency with multiple Vice Ministers, the Vice Minister designated by the head of such agency shall be appointed.
 Article 5 (Criteria for Participation in Rendering Public Design Services)
“Standards prescribed by Presidential Decree” in Article 12 of the Act, means the following criteria:
1. When an order price for the relevant public design services (hereinafter referred to as “order price”) is less than 50 million won: One full-time expert;
2. When an order price exceeds 50 million won, but less than 100 million won: Two full-time experts;
3. When an order price exceeds 100 million won: Three full-time experts.
 Article 6 (Composition of Promotion Council, etc.)
(1) Where State agencies, etc. intend to establish a public design project promotion council (hereinafter referred to as “promotion council”) under Article 15 (1) of the Act, at least one-third of the promotion council shall be comprised of local residents related to the relevant public design project or other interested persons.
(2) State agencies, etc. may utilize specialists related to public design in order to facilitate a smooth operation of the promotion council, and pay allowances and travel expenses to such specialists within budgetary limits.
 Article 7 (Qualification Standards for Public Design Experts, etc.)
(1) The standards for the qualification and remuneration applicable to a public design expert commissioned under Article 16 (1) of the Act shall be as shown in attached Table.
(2) State agencies, etc. may require a public design expert to conduct the following duties:
1. General supervision and coordination of a public design project under their jurisdiction;
2. Formation and execution of an implementation plan for an individual public design project;
3. Provision of advice regarding pubic design policies and public design project implementation plans;
4. Other duties deemed necessary by State agencies, etc. in relation to the implementation of public design projects.
 Article 8 (Nurturing of Institutions Specialized for Public Design Services)
The Minister of Culture, Sports and Tourism may execute the following projects in order to support and nurture institutions specialized for public design services in accordance with Article 18 (1) of the Act:
1. Development of public design projects, and the provision of results of public design research;
2. Nurturing of experts;
3. Establishment and operation of a public design information system;
4. Support for participation in public design exhibitions, expositions, etc. held inside or outside of the Republic of Korea;
5. Protection of intellectual ownership right related to public design;
6. Other projects deemed necessary by the Minister of Culture, Sports and Tourism to foster institutions specialized for public design services.
 Article 9 (Designation of Exclusive Institutions, etc.)
(1) The Minister of Culture, Sports and Tourism may designate an institution which meets all of the following requirements as an institution exclusively in charge of the duties for promoting public design under Article 19 (1) of the Act (hereinafter referred to as “exclusive institution”):
1. It shall be a public institution designated under Article 4 of the Act on the Management of Public Institutions or a non-profit corporation established under Article 32 of the Civil Act;
2. It shall be an institution specializing in business affairs for public design promotion;
3. It shall have an organization exclusively for conducting business affairs for public design promotion;
4. It shall employ at least ten full-time experts.
(2) Any institution that intends to be designated as an exclusive institution shall submit a written application for designation as an exclusive institution to the Minister of Culture, Sports and Tourism, together with evidentiary documents substantiating its compliance with all the requirements specified under paragraph (1) and its project plan.
(3) The Minister of Culture, Sports and Tourism may, where an exclusive institution he/she designates falls under any of the following, cancel its designation: Provided, That the designation must be cancelled in cases falling under subparagraph 1:
1. When it is designated fraudulently or deceptively;
2. When it comes to fail to meet the criteria for designation prescribed in paragraph (1);
3. When it conducts its duties in violation of designated matters.
(4) Where the Minister of Culture, Sports and Tourism designates an exclusive institution or cancels the designation of an exclusive institution under paragraph (1) or (3), he/she shall immediately post a notice thereon on the website of the Ministry of Culture, Sports and Tourism.
 Article 10 (Actual Status Surveys on Experts)
With respect to a survey on the actual status of experts referred to in Article 20 (3) of the Act, Article 3 (2) and (3) shall apply mutatis mutandis.
 Article 11 (Selection of Outstanding Public Design)
(1) For selecting and awarding outstanding public design under Article 21 (1) of the Act, the State and the heads of local governments may establish and operate a committee for selecting outstanding public design, which shall be comprised of not exceeding ten members, including public design-related experts, public officials, members of the public, etc.
(2) Where the State and the heads of local governments intend to select and award outstanding public design, it and he/she shall publicly announce the implementation plan thereof by three months before the selection.
 Article 12 (Delegation of Authority)
In accordance with Article 23 (1) of the Act, the Minister of Culture, Sports and Tourism shall delegate the duty of receiving a report by an enterprise specialized for public design under Article 18 (2) of the Act to the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, and Special Self-Governing Province Governor.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Criteria for Participating in Public Design Services)
Article 5 shall begin to apply from public design services for which the placement of order is issued after this Decree enters into force.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 8 of the Addenda, amendments to any Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 8 Omitted.