ENFORCEMENT DECREE OF THE SPECIAL ACT ON PROMOTION OF AND SUPPORT FOR URBAN REGENERATION
Presidential Decree No. 24906, Dec. 4, 2013
Amended by Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 29007, jun. 26, 2018
Presidential Decree No. 29387, Dec. 18, 2018
CHAPTER I GENERAL PROVISIONS
| Article 2 (Urban Regeneration Project) |
| Article 3 (Types of Joint Use Facilities) |
“Joint use facilities prescribed by Presidential Decree, such as playground, community center, common workplace, and village library” in Article 2 (1) 10 (b) of the Act means any of the following facilities: | 1. | Facilities to improve the welfare of residents such as playground, community center, and village library; |
| 2. | Common workplace, such as sales shops and wash houses, and restroom and waterworks, which are jointly used; |
| 3. | Public nanny service facilities and welfare facilities for senior citizens such as day care center and senior citizen center; |
| 4. | Facilities for information exchange and communication among local residents such as village broadcasting station and village newspaper; |
| 5. | Facilities with similar uses with those falling under subparagraphs 1 through 4, which are prescribed by ordinances of Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, or Si/Guns/Gus. |
| Article 4 (Research on Actual Status for Establishment of Basic Policies for National Urban Regeneration) |
| (1) | The research items of the research on the actual status under Article 4 (5) of the Act (hereinafter referred to as “research on actual status”) shall be as follows: |
| 1. | Actual status of the composition of population and households; |
| 2. | Change of industrial structure and function; |
| 4. | Actual status of financial conditions such as change of tax revenue and expenditure of local governments; |
| 5. | Actual status of basic infrastructure such as parking lots and parks. |
| (2) | The research on actual status shall be conducted by an on-site inspection by the Minister of Land, Infrastructure and Transport and methods of indirect research, such as using statistic data, documents, etc. may be utilized for it. |
| (3) | If necessary for the research on actual status, the Minister of Land, Infrastructure and Transport may request the data regarding the jurisdiction of the relevant local governments to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"). In such cases, upon receiving the request of the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor shall submit the data as requested to the Minister of Land, Infrastructure and Transport and, if necessary, may put together the data received from the head of a Si/Gun or an autonomous Gu in his/her jurisdiction. |
| (4) | Before conducting the research on actual status, the Minister of Land, Infrastructure and Transport shall establish a research plan which includes the purpose and contents of the research and research methods, etc. |
| Article 5 (Changing Minor Matters of Basic Policies for National Urban Regeneration) |
| Article 6 (Public Announcement, etc. of Basic Policies for National Urban Regeneration) |
Where the Minister of Land, Infrastructure and Transport obtains an approval for the basic policies for national urban regeneration pursuant to the main sentence of Article 4 (6) of the Act, he/she shall publicly announce the main contents of it on an official gazette without delay and send the basic policies for national urban regeneration to the heads of the relevant central administrative agencies and the heads of the relevant local governments.
CHAPTER II PROMOTION SYSTEM OF URBAN REGENERATION
| Article 7 (Organization and Operation of Special Committee on Urban Regeneration) |
| (1) | “Head of the relevant central administrative agency prescribed by Presidential Decree” in Article 7 (3) 1 of the Act means the heads of central administrative agencies falling under the following: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The Minister of Economy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Employment and Labor, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries and the Minister of SMEs and Startups; |
| 2. | The Administrator of the Cultural Heritage Administration and the Administrator of the Korea Forest Service; |
| 3. | The head of the central administrative agency designated by the chairperson regarding the items introduced to the Special Committee on Urban Regeneration (hereafter referred to as the “Special Committee”) pursuant to Article 7 (1) of the Act. |
| (2) | The civil members of the Special Committee shall be organized considering their gender, and experts of the field relevant to urban regeneration, such as culture, humanities and social science, education, welfare, economy, land utilization, construction, dwelling, transportation, city planning, environment, disaster prevention, local plan, etc. shall be included. |
| (3) | The chairperson of the Special Committee shall control the overall duties of the Special Committee and convene the meeting and become the chairman thereof. |
| (4) | Where the chairperson is unable to perform his/her duties in extenuating circumstances, the member selected in advance by the chairperson shall perform the duties on his/her behalf. |
| (5) | The term of office of a civil member shall be two years: Provided, That the term of the member newly appointed due to resignation, etc. of a civil member shall be the remaining term of his/her predecessor. |
| (6) | A majority of the incumbent members shall constitute a quorum for the meeting of the Special Committee and its resolutions shall be passed with the consent of a majority of the members present. |
| (7) | The Special Committee shall have one assistant administrator to handle its duties and the assistant administrator shall be the head of the urban regeneration planning group referred to in Article 8 (1). |
| (8) | Where deemed necessary for the competent affairs, the chairperson of the Special Committee may allow relevant public officials belonging to the relevant administrative agency or relevant experts to attend the Special Committee and listen to their opinions, or may request necessary cooperation, such as submission of data or statement of opinions, to relevant agencies, corporation, organization, etc. |
| (9) | In addition to the matters provided for in paragraphs (1) through (8), matters necessary for the organization, operation, etc. of the Special Committee shall be determined by the chairperson after undergoing the resolution of the Special Committee. |
| Article 7-2 (Dismissal of Members of Special Committee) |
Where a civil member pursuant to Article 7 (3) 2 of the Act falls under any of the following, the chairperson of the Special Committee may dismiss the relevant member: | 1. | If a member is unable to perform his/her duties due to a mental or physical disorder; |
| 2. | If a wrongdoing is found relating to a member’s duties; |
| 3. | If it is deemed inappropriate for a member to remain in his/her position due to his/her neglect of duty, injury of dignity, etc.; |
| 4. | If a member declares he/she cannot perform his/her duties. |
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 8 (Organization and Operation of Urban Regeneration Planning Group) |
| (2) | The head of the urban regeneration planning group shall be named by the Minister of Land, Infrastructure and Transport from among the public officials belonging to the Senior Executive Service of the Ministry of Land, Infrastructure and Transport. |
| (3) | The head of the urban regeneration planning group shall control the overall affairs of the urban regeneration planning group after receiving the order of the Minister of Land, Infrastructure and Transport. |
| (4) | In addition to the matters provided for in paragraphs (1) through (3), matters necessary for the organization, operation, etc. of urban regeneration planning group shall be determined by the Minister of Land, Infrastructure and Transport. |
| Article 9 (Affairs of Urban Regeneration Planning Group) |
“Matters prescribed by Presidential Decree” in Article 7 (4) 5 of the Act means affairs regarding the management and support of an urban regeneration support organization.
| Article 9-2 (Composition and Operation of Working Committee) |
| (1) | The working committee under Article 7-2 of the Act (hereinafter referred to as the “working committee”) shall consist of at least 31 but not more than 33 members, including two joint chairpersons. |
| (2) | The Vice Minister of Land, Infrastructure and Transport and the 2nd Vice Minister of Government Policy Coordination shall serve as the joint chairpersons of the working committee. |
| (3) | The following persons shall serve as members of the working committee: |
| 1. | One person each nominated by the head of a relevant agency, from among members of the Senior Executive Service in the Ministry of Economy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Employment and Labor, the Ministry of Gender Equality and Family, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the Ministry of SMEs and Startups, the Office for Government Policy Coordination, the Cultural Heritage Administration, and the Korea Forest Service; |
| 2. | Persons commissioned by the joint chairpersons of the working committee in consideration of specialized expertise and gender, from among persons who have much knowledge and experience in a range of urban regeneration-related fields, such as culture, humanities and social science, education, welfare, economy, land utilization, construction, dwelling, transportation, city planning, environment, disaster prevention, and local plan. |
| (4) | The working committee shall, in pursuit of its efficient operation and support, have one secretary, who shall be the head of the urban regeneration planning group referred to in Article 8 (1). |
| (5) | The joint chairpersons of the working committee may, if they consider it necessary after consultation with the secretary, convene meetings of the working committee at any time. |
| (6) | The joint chairpersons of the working committee shall immediately report the results of deliberation of the working committee and hear the opinion of the Special Committee, in accordance with Article 7-2 (2) of the Act. In such cases, notwithstanding Article 7 (6), the chairperson of the Special Committee may issue its opinion by gathering written opinions from its members. |
| (7) | Necessary details for the composition and operation of the working committee, other than those provided in paragraphs (1) through (6), shall be determined by the chairperson of the Special Committee, after resolution of the Special Committee. |
[This Article Newly Inserted by Presidential Decree No. 29007, Jun. 26, 2018]
| Article 10 (Organization and Operation of Local Urban Regeneration Committee) |
| (1) | A local urban regeneration committee referred to in Article 8 (1) of the Act (hereafter referred to as “local committee”) shall consist of the members of the number according to the following classification, including one chairperson and one vice-chairperson: |
| 1. | Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Provinces: at least 25 but not more than 30; |
| 2. | Large cities with a population of at least 500 thousand persons, other than Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities, under Article 175 of the Local Autonomy Act: at least 20 but not more than 25; |
| 3. | Sis/Guns/Gus excluding large cities under subparagraph 2: at least 15 but not more than 25. |
| (2) | The chairperson of a local committee shall be named or appointed by the head of the relevant local government among the members of the committee and the vice-chairperson shall be elected by a mutual vote of the members. |
| (3) | The members of a local committee shall be appointed or commissioned by the head of the relevant local government considering their gender, from among the persons falling under any of the following. In such cases, the number of the members under subparagraph 3 shall be at least 1/2 of the total number of the members: |
| 1. | The members of the local committee of the relevant local government; |
| 2. | The public officials of the administrative agency relevant to urban regeneration strategy and urban regeneration revitalization plan of the local government; |
| 3. | Persons with substantial knowledge and experience in areas relevant to urban regeneration such as culture, humanities and social science, education, welfare, economy, land utilization, construction, dwelling, transportation, city planning, environment, disaster prevention, local plan, etc. |
| (5) | The term of office of the members falling under paragraph (3) 3 shall be two years: Provided, That the term of the member newly appointed due to resignation, etc. of a member shall be the remaining term of his/her predecessor. |
| (6) | The chairperson of a local committee shall control overall duties of the local committee and convene the meeting and become the chairman thereof. |
| (7) | Where the chairperson of a local committee is unable to perform his/her duties in extenuating circumstances, the vice-chairperson shall perform the duties on his/her behalf, and where both the chairperson and vice-chairperson are unable to perform his/her duties in extenuating circumstances, the member selected in advance by the chairperson shall perform the duties on his/her behalf. |
| (8) | A majority of the incumbent members (the majority of the members present shall be the members falling under paragraph (3) 3) shall constitute a quorum for the meeting of a local committee and its resolutions shall be passed with the consent of a majority of the members present. |
| (9) | The local committee shall have one assistant administrator and several clerks, and the assistant administrator and clerks shall be appointed by the chairperson. |
| (10) | The assistant administrator of the local committee shall be in charge of general affairs after receiving the order of the chairperson and the clerks shall assist the assistant administrator. |
| Article 11 (Organization, Operation, etc. of Exclusive Organizations) |
| (1) | A Do Governor may establish an exclusive organization to carry out the matters under each subparagraph of Article 9 (2) of the Act relevant to the affairs such as support for establishment and approval of the urban regeneration strategic plan and urban regeneration revitalization plan of a Si/Gun, and linkage and adjustment of the urban regeneration strategic plan and urban regeneration revitalization plan among Sis/Guns pursuant to the latter part of Article 9 (1) of the Act. |
| (2) | The head of an autonomous Gu and the head of a Gun within the jurisdiction of a Metropolitan City (hereafter referred to as the “head of a Gu, etc.”) may establish an exclusive organization to carry out the matters under each subparagraph of Article 9 (2) of the Act relevant to the establishment of the neighborhood regeneration revitalization plan under Article 2 (1) 6 (b) of the Act pursuant to the latter part of Article 9 (2) of the Act. |
| (3) | If necessary for conducting the affairs of exclusive organizations, the establisher of a strategic plan, a Do Governor, or the head of a Gu, etc. may employee experts in the relevant area as temporary public officials. |
| (4) | In addition to the matters provided for in paragraphs (1) through (3), matters necessary for organization, operation, etc. of exclusive organizations shall be prescribed by ordinance of the relevant local governments. |
| Article 12 (Affairs of Exclusive Organizations) |
| 1. | Support for the affairs of an urban regeneration support center referred to in Article 11 of the Act (hereinafter referred to as “urban regeneration support center”); |
| 2. | Support for the operation of a local committee; |
| 3. | Revitalization and support of participation of citizens. |
| Article 13 (Designation, etc. of Urban Regeneration Support Organization) |
| 4. | The following research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes: |
| (a) | The Korea Research Institute for Human Settlements; |
| (b) | The Korea Transport Institute; |
| (2) | The Minister of Land, Infrastructure and Transport may provide support for the expenses necessary for an urban regeneration support organization to conduct the affairs under each subparagraph of Article 10 (1) of the Act within budgetary limit. |
| (3) | The head of the public institution designated as an urban regeneration support organization pursuant to Article 10 (1) of the Act shall report the result of performance of duties of the previous year and the plan for the performance of duties of the relevant year relating to the matters under each subparagraph of Article 10 (1) of the Act by January 31 each year. |
| (4) | In addition to the matters provided for in paragraphs (1) through (3), matters necessary for designation, organization, operation, etc. of an urban regeneration support center shall be determined by the Minister of Land, Infrastructure and Transport. |
| Article 14 (Establishment of Urban Regeneration Support Center by Do Governor or Head of Gu, etc.) |
| (1) | A Do Governor may establish an urban regeneration support center to carry out the matters under each subparagraph of Article 11 (1) of the Act relevant to the affairs such as the support for establishment and the approval of an urban regeneration strategic plan and urban regeneration revitalization plan of Sis/Guns, and the linkage and adjustment of an urban regeneration strategic plan and urban regeneration revitalization plan among Sis/Guns pursuant to the latter part of Article 11 (1) of the Act other than each subparagraph. |
| (3) | Where an establisher of a strategic plan, a Do Governor, or the head of a Gu, etc. establishes an urban regeneration support center, he/she shall consider the following persons in priority in its organization: |
| 1. | Experts with sufficient knowledge and experience on urban regeneration; |
| 2. | Persons who know the status of the local governments well and have experience with various urban regeneration projects. |
| (4) | In addition to the matters provided for in paragraphs (1) through (3), matters necessary for the methods of establishment and the organization of human resources, etc. of an urban regeneration center shall be prescribed by ordinance of the relevant local government. |
| Article 15 (Affairs of Urban Regeneration Support Center) |
| 1. | Revitalization and support of participation of citizens; |
| 2. | Other affairs prescribed by ordinance of the local government for an effective promotion of urban regeneration projects. |
CHAPTER III URBAN REGENERATION STRATEGIC PLAN, ETC.
| Article 16 (Standards and Methods of Preparing Urban Regeneration Strategic Plan) |
Where an establisher of a strategic plan prepares an urban regeneration strategic plan, he/she shall consider the following:
| 1. | To diagnose the decline of cities scientifically and induce the potential and growth factors of cities through the collection and analysis of data on physical, social, economic, and cultural status; |
| 2. | To investigate and discover various plans, project, programs, and tangible and intangible local assets in cities proactively and review the measures to correlate them; |
| 4. | The priority among urban regeneration revitalization areas shall be determined considering the compatibility with an urban or Gun master plan under Article 19 of the National Land Planning and Utilization Act, and various plans in operation, the fairness among urban regeneration revitalization areas, the urgency of the promotion of urban regeneration projects, and a ripple effect on surrounding areas, etc.; |
| 5. | To prepare measures to promote participation of residents and strengthen capacity of residents in organizing an urban regeneration support center and consultative group of residents, etc.; |
| 6. | To prepare a financial plan and execution plan by year considering the goal of the urban regeneration strategic plan, the number and size of the designated urban regeneration revitalization areas, priority among urban regeneration revitalization areas, etc.; |
| 7. | To propose a viable plan by analyzing risk factors in the process of implementing projects and preparing measures to manage performance such as specific goals, evaluation index, evaluation methods, etc. |
| Article 17 (Detailed Standards for Designating Urban Regeneration Revitalization Areas) |
The detailed standards for designating urban regeneration revitalization areas under Article 13 (5) of the Act shall be as following: | 1. | An area where the population is drastically decreasing: an area falling under any of the following: |
| (a) | An area where the population has decreased by not less than 20 percent compared to the time when the population was the largest during the last 30 years; |
| (b) | An area where the population has decreased for three consecutive years for the last five years; |
| 2. | An area where the industry departure, such as decrease of the total number of enterprises, is occurring: an area falling under any of the following: |
| (a) | An area where the total number of enterprises according to the result of the Census on Establishments approved by the Statistics Korea under Article 18 of the Statistics Act for the last ten years (hereafter referred to as “total number of enterprises” in this subparagraph) decreased by not less than 5 percent compared to the time when the total number of enterprises was the largest; |
| (b) | An area where the total number of enterprises has decreased for not less than three consecutive years for the last five years; |
| 3. | An area where the dwelling condition is deteriorating, such as by an increase of decrepit housing: an area where the ratio of buildings the construction of which was completed not less than 20 years ago, is not less than 50 percent. |
| Article 18 (Basic Investigation for Establishment of Urban Regeneration Strategic Plan) |
An establisher of a strategic plan may request the head of the relevant administrative agency to submit the necessary data for the basic investigation under Article 14 (1) of the Act. In such cases, upon receipt of such request, the head of the relevant administrative agency shall comply therewith unless in extenuating circumstances.
| Article 19 (Holding Public Hearing for Urban Regeneration Strategic Plan) |
| (1) | Where an establisher of a strategic plan intends to hold a public hearing under Article 15 (1) of the Act, he/she shall publicly announce the following matters not less than once in a general daily newspaper which is distributed nationwide or mainly in the geographical area subject to the establishment of the relevant urban regeneration strategic plan not later than 14 days before the scheduled date of the public hearing: |
| 1. | The purpose of holding a public hearing; |
| 2. | The scheduled date, time, and place of the public hearing; |
| 3. | The summary of an urban regeneration strategic plan which an establisher of a strategic plan intends to establish or amend; |
| 4. | Other matters deemed necessary by an establisher of a strategic plan for holding of the public hearing. |
| (2) | The residents or relevant experts, etc. who have opinions on the contents of the urban regeneration strategic plan may attend a hearing and state opinions in person, or submit a summary of opinions to the establisher of the strategic plan in writing or using information and communications network. |
| (3) | The public hearing under Article 15 (1) of the Act shall be presided over by the person designated by an establisher of strategic plan. |
| Article 20 (Minor Amendment of Urban Regeneration Strategic Plan) |
| Article 21 (Public Announcement of Urban Regeneration Strategic Plan) |
The public announcement under Article 16 (3) of the Act shall be published on the official gazette of the relevant Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, or Special Self-Governing Provinces, and the period of time allowed for perusal of the relevant documents shall be not less than 30 days.
| Article 22 (Approval of Urban Regeneration Strategic Plan) |
| (1) | Where the head of a Si/Gun intends to obtain an approval for an urban regeneration strategic plan pursuant to Article 17 (1) of the Act, he/she shall submit the urban regeneration strategic plan to a Do Governor by attaching the following documents: |
| 1. | The result of the basic investigation; |
| 2. | The result of a public hearing; |
| 4. | Where he/she has undergone the consultation, etc. with the local council established in the relevant Si/Gun, the result thereof; |
| 5. | Documents necessary for the consultation with the head of the relevant administrative agency and the deliberation of the local council of a Do pursuant to Article 17 (2) of the Act. |
| (2) | The public announcement of an urban regeneration strategic plan pursuant to Article 17 (4) of the Act shall be published on the official gazette of the relevant Si/Gun, and the period of inspection of the relevant documents shall be not less than 30 days. |
| Article 23 (Details and Procedures for Handling Proposal of Residents) |
| (1) | A resident who intends to propose designation or change of an urban regeneration revitalization area pursuant to Article 18 (1) of the Act shall submit a proposal including the following matters to an establisher of a strategic plan: |
| 1. | The purpose and necessity of designation and change of an urban regeneration revitalization area; |
| 2. | The location and area of an urban regeneration revitalization area; |
| 3. | The expected effects of designation and change of an urban regeneration revitalization area; |
| 4. | A rough urban regeneration revitalization plan including the details such as the establishment and rearrangement, etc. of an urban regeneration project and urban regeneration basic facilities. |
| (2) | An establisher of a strategic plan who received a proposal for designation of an urban regeneration revitalization area pursuant to Article 18 (1) of the Act shall notify the proposer of whether or not the proposal is to be reflected in an urban regeneration strategic plan within 45 days after the day when the proposal was made: Provided, That where it is impossible to notify whether the proposal is to be reflected or not due to extenuating circumstances, the period of notification may be extended by up to 30 days. |
| (3) | Where an establisher of a strategic plan intends to determine where the proposal under Article 18 (1) of the Act is to be reflected in an urban regeneration strategic plan, he/she may undergo the consultation of the local council established in the relevant local government. |
| Article 24 (Details of Urban Regeneration Revitalization Plan) |
“Matters prescribed by Presidential Decree” in Article 19 (3) 8 of the Act means the matters regarding the measures for operation and revitalization of organizations relevant to urban regeneration such as an urban regeneration support center and a consultative group of residents.
| Article 25 (Standards and Methods of Preparing Urban Regeneration Revitalization Plan) |
Where an establisher of a strategic plan or the head of a Gu, etc. prepares an urban regeneration revitalization plan, he/she shall consider the following matters:
| 1. | To analyze the status of decline of the relevant urban regeneration revitalization area and investigate and discover various plans, projects, programs, and tangible and intangible local assets in the urban regeneration revitalization area, and to review the measures to correlate them; |
| 2. | To prepare a plan by distinguishing the projects which have been implemented before the establishment of the relevant urban regeneration revitalization plan and the projects which shall be newly promoted; |
| 3. | To present the summary, scope, necessity, and details of project, implementation schedule, projects implementer and participating subjects, effects of project, methods for financing, items subject to the State support and the necessity thereof for each urban regeneration project; |
| 4. | In cases of an urban regeneration project which accompanies physical arrangement such as construction of buildings, establishment of urban regeneration basic facility, etc., to express the subject area and boundary of the relevant urban regeneration project and estimate the expenses for the project; |
| 5. | In cases of an urban regeneration project which accompanies the operation of the economic, social, cultural, and welfare, etc. programs, to propose the plan for the operating subjects, operating methods, etc.; |
| 6. | To prepare a viable plan by analyzing the risk factors in the process of implementing a project and preparing measures for performance management; |
| 7. | To accept the opinions of residents sufficiently and undergo the process of conflict control, etc. among interested persons. |
| Article 26 (Changing Minor Matters of Urban Regeneration Revitalization Plan) |
| 1. | The reduction of total expenses for the project for an urban regeneration revitalization plan by less than 10 percent; |
| 2. | Change of an urban regeneration revitalization area by less than 10 percent. |
| Article 27 (Holding Public Hearing for Urban Regeneration Revitalization Plan) |
Article 19 shall apply mutatis mutandis to the holding of a public hearing for the establishment or change of an urban regeneration revitalization. In such cases, “an establisher of a strategic plan” shall be deemed “an establisher of a strategic plan or the head of a Gu, etc.” and “urban regeneration strategic plan” shall be deemed “urban regeneration revitalization plan”.
| Article 28 (Public Notification of Urban Regeneration Revitalization Plan) |
The public notification under Article 20 (7) of the Act shall be published on the official gazette of the relevant Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, or Special Self-Governing Provinces, and the public notification under Article 20 (8) of the Act shall be published on the official gazette of the Gun within the jurisdiction of the relevant Si/Gun or autonomous Gu or a Metropolitan City, and the period of perusal of the relevant documents shall be not less than 30 days.
| Article 29 (Method of Public Notification of Cancellation, etc.) |
The public notification of cancellation, etc. of urban regeneration revitalization plan under Article 22 (6) of the Act shall be made by publishing the following matters on the official gazette of the relevant local government: | 1. | The date of cancellation, etc.; |
| 2. | The grounds for cancellation, etc.; |
| 3. | The details of the relevant urban regeneration revitalization plan. |
| Article 30 (Subjects, etc. to Permission for Acts) |
The acts which require a permission from the establisher of strategic plan or the head of a Gu, etc. pursuant to Article 23 of the Act shall be as follows: | 1. | Construction, etc. of buildings: construction, major repair, or alteration of the purpose of the use of buildings (including temporary buildings) under Article 2 (1) 2 of the Building Act; |
| 3. | Changing the form and quality of land: acts of changing the shape of land by such methods as cutting, mounding, levelling the ground, packing, etc., excavation of land, or reclamation of public waters; |
| 4. | Collecting stones and soil: acts of collecting stones and soil such as earth, sand, gravel, rock, etc.: Provided, That subparagraph 3 shall apply to those aiming for changing of the form and quality of land; |
| 6. | Stacking articles: acts of stacking articles which are not easily movable for not less than a month; |
| 7. | Lumbering and planting of bamboo trees. |
| Article 31 (Evaluation of Promotion Record, etc. of Urban Regeneration Revitalization Plan) |
| (1) | For the purpose of evaluating the promotion record, etc. of an urban regeneration plan pursuant to Article 24 of the Act, the Minister of Land, Infrastructure and Transport shall establish an evaluation plan including the following matters and notify the Mayor/Do Governor thereof by January 15 each year: |
| 3. | The index of evaluation; |
| 4. | Other matters necessary for an effective evaluation. |
| (2) | The Mayor/Do Governor shall conduct an evaluation of the promotion record, etc. of the previous year of an urban regeneration revitalization plan established or approved, and submit the result thereof to the Minister of Land, Infrastructure and Transport by the end of February each year. |
| (3) | Upon receipt of the evaluation result under paragraph (2), the Minister of Land, Infrastructure and Transport shall conduct a comprehensive evaluation on the promotion record of the urban regeneration revitalization plan based on such result. |
CHAPTER IV IMPLEMENTATION OF URBAN REGENERATION PROJECTS
| Article 32 (Implementer of Urban Regeneration Projects) |
CHAPTER V SUPPORT FOR URBAN REGENERATION REVITALIZATION
| Article 33 (Methods of Subsidization or Financing) |
The specific items which the State or local governments may subsidize or finance pursuant to Article 27 (1) of the Act and the ratio of support, and the specific standards and methods which vary in the scale, ratio, etc. of the subsidization or financing pursuant to Article 27 (2) of the Act shall be determined by the Minister of Land, Infrastructure and Transport in consultation with the Minister of Economy and Finance.
| Article 33-2 (Execution of Coexistence Agreement) |
“Persons prescribed by Presidential Decree, such as residents, lessors and lessees of a commercial building within an urban regeneration revitalization area, and the head of the relevant local government” in Article 27-2 (1) of the Act means any of the following persons: | 1. | Residents or a consultative body of residents within the urban regeneration revitalization area; |
| 2. | Lessors and lessees of a commercial building located in the urban regeneration revitalization area; |
| 3. | The head of the local government having jurisdiction over the urban regeneration revitalization area. |
[This Article Newly Inserted by Presidential Decree No. 29007, Jun. 26, 2018]
| Article 34 (Establishment and Operation of Urban Regeneration Special Account) |
A Do Governor may establish and operate an urban regeneration special account where it is necessary for the support, etc. of an urban regeneration projects implemented by a Si/Gun within his/her jurisdiction under the proviso of Article 28 (1) of the Act.
| Article 35 (Ratio of Property Tax Transferred to Urban Regeneration Special Account) |
| Article 36 (Establishment, etc. of Urban Regeneration Comprehensive Information System) |
| (1) | The Minister of Land, Infrastructure and Transport shall endeavor to ensure that the information and statistics of the urban regeneration comprehensive information system under Article 29 of the Act maintain accuracy, reliability, and recency. |
| (2) | The Minister of Land, Infrastructure and Transport shall review the following matters in advance in order to prevent overlapping of investments in the urban regeneration comprehensive information system which he/she intends to establish pursuant to Article 29 of the Act and in other information systems: |
| 1. | Whether the information and statistics relevant to urban regeneration revitalization is already developed, verified, or managed; |
| 2. | Whether the information and statistic which is already developed, verified, or managed may be utilized. |
| Article 37 (Scope of Application of Special Cases concerning Disposition of National Property and Public Property) |
“Cases which are prescribed by Presidential Decree” in Article 30 (4) of the Act means the cases where the matters concerning the use, etc. of national property of public property are included in an urban regeneration revitalization plan.
| Article 38 (Procedures for Reducing Local Tax) |
Where the head of a Si/Gun/Gu, etc. intends to obtain the approval from the Special Metropolitan City Mayor, Metropolitan City Mayor, or a Do Governor pursuant to the proviso of Article 31 (3) of the Act, other than each subparagraph, he/she shall submit the details on the reduction of local tax including the purpose, subject, and tax amount of reduction and the data which may verify such details.
| Article 39 (Scope of Application of Special Cases concerning Easing, etc. of Construction Restriction) |
CHAPTER VI URBAN REGENERATION LEADING AREA
| Article 40 (Listening to Opinions Prior to Designation of Urban Regeneration Leading Area) |
| (1) | Before requesting designation of an urban regeneration leading area pursuant to Article 33 (2) of the Act, an establisher of a strategic plan shall hold a public hearing and gather the opinions of residents and relevant experts, etc. |
| (2) | Where an establisher of a strategic plan intends to hold a public hearing pursuant to paragraph (1), he/she shall publicly announce the following matters not less than once in a general daily newspaper which is distributed nationwide or mainly in the geographical area for which he/she intends to request designation of an urban regeneration leading area, not later than 14 days before the scheduled date of the public hearing: |
| 1. | The purpose of holding a public hearing; |
| 2. | The scheduled date, time, and place of holding the public hearing; |
| 3. | The location of the urban regeneration leading area for which he/she intends to request designation; |
| 4. | Other matters deemed necessary by an establisher of a strategic plan for designation of an urban regeneration leading area. |
| (3) | Any resident or relevant expert, etc. who has opinions on the matters under each subparagraph of paragraph (2) may attend a hearing and state opinions in person, or submit a summary of opinions to an establisher of a strategic plan in writing or using information and communications network. |
| (4) | A public hearing under paragraph (1) shall be presided over by the person designated by an establisher of strategic plan. |
| (5) | A local council shall present its opinion within 30 days from the day when an establisher of a strategic plan notifies the plan of requesting designation of an urban regeneration leading area. |
| Article 41 (Changing Minor Matters of Urban Regeneration Leading Area) |
“Changing minor matters prescribed by Presidential Decree” in the proviso of Article 33 (4) of the Act means the cases of changing the total area of an urban regeneration leading area by less than 10 percent.
| Article 42 (Public Notification of Designation, etc. of Urban Regeneration Leading Area) |
Where the Minister of Land, Infrastructure and Transport publicly notifies designation or change of designation of an urban regeneration leading area pursuant to Article 33 (5) of the Act, he/she shall publicly notify the following details on the official gazette, and the period of time allowed for perusal of the relevant documents shall be not less than 30 days: | 1. | The city subject to designation or change of designation of an urban regeneration leading area, and the location thereof; |
| 2. | The purpose of designation or change of designation of an urban regeneration leading area; |
| 3. | Other matters deemed necessary by the Minister of Land, Infrastructure and Transport for designation or change of designation of an urban regeneration leading area. |
| Article 43 (Standards of and Procedures, etc. for Designating Urban Regeneration Leading Area) |
| (1) | The standards of designating an urban regeneration leading area shall be determined by the basic policies for national urban regeneration, considering the degree of decline of the city, the expected effects of designation, the capacity of local governments and residents, etc. |
| (2) | Where an establisher of a strategic plan requests designation of an urban regeneration leading area pursuant to Article 33 (1) of the Act, he/she shall submit the following documents to the Minister of Land, Infrastructure and Transport: |
| 1. | The documents which prove that the standards of designation under paragraph (1) are met; |
| 2. | The details of budget, manpower, etc. which an establisher of a strategic plan requesting designation may directly use to support the relevant urban regeneration leading area; |
| 3. | The result of gathering opinions of the residents, relevant experts, etc. and the opinions of the relevant local council pursuant to Article 33 (2) of the Act. |
| Article 44 (Supporting Expenses for Establishing Urban Regeneration Basic Facilities in Urban Regeneration Leading Area) |
| 3. | Narrow paths (referring to roads less than 12 meters in width) and public parking lot. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013.
Article 2 (Transitional Measures concerning Public Officials in a Fixed Term Position)
Public officials in a fixed term position under Article 11 (3) shall be deemed to be contract public officials until December 11, 2013.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, the amendments to the Presidential Decrees to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
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 the amendments to the Presidential Decrees to be amended pursuant to Article 8 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 29007, Jun. 26, 2018>
This Decree shall enter into force on June 27, 2018.
ADDENDUM <Presidential Decree No. 29387, Dec. 18, 2018>
This Decree shall enter into force on the date of its promulgation.