ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF SMART CITY DEVELOPMENT AND INDUSTRY
Presidential Decree No. 21039, Sep. 25, 2008
Amended by Presidential Decree No. 21445, Apr. 21, 2009
Presidential Decree No. 21565, jun. 26, 2009
Presidential Decree No. 21656, Jul. 30, 2009
Presidential Decree No. 21698, Aug. 21, 2009
Presidential Decree No. 21882, Dec. 14, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22424, Oct. 1, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 24189, Nov. 20, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 24720, Sep. 9, 2013
Presidential Decree No. 25339, Apr. 29, 2014
Presidential Decree No. 25358, May 22, 2014
Presidential Decree No. 25621, Sep. 24, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26762, Dec. 28, 2015
Presidential Decree No. 27281, jun. 28, 2016
Presidential Decree No. 27444, Aug. 11, 2016
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28326, Sep. 19, 2017
Presidential Decree No. 28686, Feb. 27, 2018
Presidential Decree No. 29045, Jul. 16, 2018
Presidential Decree No. 29516, Feb. 8, 2019
CHAPTER I GENERAL PROVISIONS
| Article 2 (Smart City Services) |
"Services prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Act on the Promotion of Smart City Development and Industry (hereinafter referred to as the "Act") means services of providing information on any of the following fields or at least two of the following fields through interconnection: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> | 3. | Health, medical service, and welfare; |
| 4. | Environment, energy, and water resources; |
| 5. | Prevention of crimes and disasters; |
| 6. | Management of facilities; |
| 8. | Culture, tourism, or sports; |
| 12. | Any other fields publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the heads of relevant central administrative agencies for the purposes of enhancing the competitiveness of cities and improving the quality of life of citizens. |
| Article 3 (Information and Communications Networks among Smart City Infrastructure) |
"Other information and communications networks prescribed by Presidential Decree" in subparagraph 3 (b) of Article 2 of the Act means wired or wireless sensor networks that transmit information collected from intelligent facilities defined in subparagraph 3 (a) of Article 2 of the Act, as well as services offered by facilities for managing and operating smart cities. <Amended by Presidential Decree No. 28326, Sep. 19, 2017>
| Article 4 (Facilities for Managing and Operating Smart Cities) |
"Facilities prescribed by Presidential Decree" in subparagraph 3 (c) of Article 2 of the Act means the following facilities: | 1. | A center operating individual information systems to provide smart city services; |
| 2. | An integrated operation center of a smart city, operated by interconnecting and integrating multiple information systems to provide smart city services; |
| 3. | Any other facilities similar to the those referred to in subparagraph 1 or 2, as publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the heads of relevant central administrative agencies. |
[This Article Wholly Amended by Presidential Decree No. 28326, Sep. 19, 2017]
| Article 4-2 (Devices to Which Construction Technologies or Information and Communications Technologies Are Applied) |
"Facilities prescribed by Presidential Decree, such as closed-circuit televisions" in subparagraph 3 (d) of Article 2 of the Act means the following facilities: | 1. | Facilities producing and collecting smart city information, such as closed-circuit televisions, sensors, and video information processing equipment; |
| 2. | Facilities to use any collected smart city information for services, such as storage devices and software. |
[This Article Newly Inserted by Presidential Decree No. 28326, Sep. 19, 2017]
| Article 5 (Convergence Technologies of Construction and Information and Communications) |
"Technologies prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means technologies obtained by converging electronic, control, or communications technologies, etc. with the following technologies: <Amended by Presidential Decree No. 25358, May 22, 2014>
| Article 6 (Scale of Eligible Projects) |
"Scale prescribed by Presidential Decree" in Article 3 (1) of the Act, with the exception of its subparagraphs, means 300,000 square meters. <Amended by Presidential Decree No. 28326, Sep. 19, 2017>
| Article 7 (Eligible Projects) |
"Projects prescribed by Presidential Decree" in Article 3 (1) 7 of the Act means any of the following projects: <Amended by Presidential Decree No. 21445, Apr. 21, 2009; Presidential Decree No. 21656, Jul. 30, 2009; Presidential Decree No. 25339, Apr. 29, 2014; Presidential Decree No. 26762, Dec. 28, 2015; Presidential Decree No. 27281, Jun. 28, 2016; Presidential Decree No. 28326, Sep. 19, 2017; Presidential Decree No. 29045, Jul. 16, 2018> | 1. | A housing construction project or a housing site preparation project prescribed in the Housing Act; |
| 9. | A station area development project prescribed in the Act on Developing and Using Station Areas; |
CHAPTER II FORMULATING COMPREHENSIVE PLANS FOR SMART CITIES
| Article 8 (Formulating Comprehensive Plans for Smart Cities) |
| (1) | "Matters prescribed by Presidential Decree" in Article 4 (1) 12 of the Act means the following: <Amended by Presidential Decree No. 21698, Aug. 21, 2009; Presidential Decree No. 28326, Sep. 19, 2017; Presidential Decree No. 29516, Feb. 8, 2019> |
| 1. | Preparation, dissemination, spread, and interconnection of standards for smart city services, including matters specified in sectional plans for administrative affairs and promotion of regional informatization which are contained in a master plan for national informatization formulated pursuant to Article 6 of the Framework Act on National Informatization; |
| 2. | Research and development of technologies related to smart cities; |
| 3. | Training of specialists necessary for efficient development, management, operation, etc. of smart cities (hereinafter referred to as “smart city development, etc.”); |
| 4. | Nurturing of industries related to smart city development, etc.; |
| 5. | International cooperation and overseas expansion for smart city development, etc.; |
| 6. | Information management, such as producing, collecting, processing, utilizing, and distributing any information provided through smart city infrastructure and smart city services. |
| (2) | The Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies to submit a draft plan for policies and projects that must be reflected in a comprehensive plan for smart cities formulated pursuant to Article 4 (1) of the Act (hereinafter referred to as "comprehensive plan") within a specified period not exceeding 30 days. In such cases, the Minister of the Interior and Safety shall collect and present the opinions of local governments when submitting a draft plan for policies and projects that must be reflected in the comprehensive plan. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017; Presidential Decree No. 28326, Sep. 19, 2017> |
| (3) | If necessary to prepare a draft comprehensive plan for smart cities (hereinafter referred to as "draft comprehensive plan") pursuant to Article 4 (3) of the Act, the Minister of Land, Infrastructure and Transport may request a specialized committee established under Article 27 to conduct surveys and research. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| Article 9 (Holding Public Hearings) |
| (1) | To hold a public hearing pursuant to Article 5 of the Act, the Minister of Land, Infrastructure and Transport shall publicly announce the following in at least one daily newspaper of nationwide circulation, in the Official Gazette, and on the relevant website by not later than 14 days before the scheduled date of the public hearing. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Objectives of the public hearing; |
| 2. | Date, time, and place of the public hearing; |
| 3. | Outline of a draft comprehensive plan; |
| 4. | Matters regarding presentation of opinions; |
| 5. | Any other matters necessary for holding the public hearing. |
| (2) | Any citizens, relevant experts, etc. who have any opinion on the contents of a draft comprehensive plan may attend a public hearing to directly state their opinions; or may submit the gist of their opinions to the Minister of Land, Infrastructure and Transport in writing or through any information and communications network. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 10 (Period for Consultation on Draft Comprehensive Plans) |
Where the Minister of Land, Infrastructure and Transport has sent a draft comprehensive plan for consultation under Article 6 (1) of the Act, the heads of relevant central administrative agencies shall present their opinions to the Minister within 30 days after receipt of the draft comprehensive plan. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 11 (Minor Modification of Comprehensive Plans) |
"Minor matters prescribed by Presidential Decree" in the proviso of Article 7 of the Act means the matters specified in subparagraphs 3 through 5 of Article 8 (1).
| Article 12 (Formulating Smart City Plans) |
| (1) | "Matters prescribed by Presidential Decree" in Article 8 (1) 10 of the Act means the following: <Amended by Presidential Decree No. 28326, Sep. 19, 2017; Presidential Decree No. 29516, Feb. 8, 2019> |
| 1. | Mutual cooperation, such as the compatibility and interconnection of smart city functions, between the jurisdiction and any adjacent Special Metropolitan City, Metropolitan City, or Si/Gun (excluding any Gun within the jurisdiction of a Metropolitan City; hereafter in this Article the same shall apply) referred to in Article 8 (3) of the Act; |
| 2. | Providing and interconnecting smart city services for the jurisdiction (including the relevant jurisdiction of any adjacent Special Metropolitan City, Metropolitan City, or Si/Gun if a smart city plan covering any part of such jurisdiction is formulated pursuant to Article 8 (3) of the Act; hereafter in this Article the same shall apply); |
| 3. | Nurturing and promoting local industries by utilizing smart city technologies; |
| 4. | International cooperation between smart cities; |
| 5. | Protecting personal information and smart city infrastructure; |
| 6. | Information management, such as producing, collecting, processing, utilizing, and distributing any information provided through smart city infrastructure and smart city services in the jurisdiction; |
| 7. | Jointly using information systems as well as interconnectedly using existing information systems to provide smart city services. |
| (2) | Standards for formulating smart city plans under Article 8 (1) of the Act (hereinafter referred to as "smart city plans") and other necessary matters shall be prescribed by the Minister of Land, Infrastructure and Transport in consulting with the heads of relevant central administrative agencies. <Amended by Presidential Decree No. 24443, Mar. 23 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| Article 13 (Special Cases concerning Formulating Smart City Plans) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of any Gun within the jurisdiction of a Metropolitan City; hereinafter referred to as the "head of a Si/Gun") shall submit, to the Minister of Land, Infrastructure and Transport, an urban or Gun master plan formulated under the National Land Planning and Utilization Act (hereinafter referred to as "urban or Gun master plan") which reflects the details of a smart city plan specified in the subparagraphs of Article 8 (1) of the Act to obtain approval from the Minister of Land, Infrastructure and Transport pursuant to Article 8 (2) of the Act. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24189, Nov. 20, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| (2) | Where an urban or Gun master plan submitted pursuant to paragraph (1) fails to properly reflect the details of a smart city plan specified in the subparagraphs of Article 8 (1) of the Act, the Minister of Land, Infrastructure and Transport may request the head of the relevant Si/Gun to supplement the urban or Gun master plan. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| (3) | Not later than 30 days from receipt of a request to supplement an urban or Gun master plan under paragraph (2), the head of the relevant Si/Gun shall notify the Minister of Land, Infrastructure and Transport of whether to supplement it and a plan to supplement it. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | Notwithstanding paragraph (2), the Minister of Land, Infrastructure and Transport may approve an urban or Gun master plan submitted pursuant to paragraph (1), on condition that the details of the plan are supplemented by a specified deadline. In such cases, the head of the relevant Si/Gun shall notify the Minister of Land, Infrastructure and Transport of a plan to supplement the urban or Gun master plan, within 30 days after obtaining such approval. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 14 Deleted. <by Presidential Decree No. 27281, Jun. 28, 2016> |
| Article 15 (Approval of Smart City Plans) |
| (1) | To obtain approval of a smart city plan pursuant to Article 10 (1) of the Act, a person who formulates a smart city plan pursuant to Article 8 of the Act (hereinafter referred to as "person authorized to formulate a smart city plan") shall submit a draft smart city plan to the Minister of Land, Infrastructure and Transport, along with the following documents: <Amended by Presidential Decree No. 24189, Nov. 20, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| 1. | Outcomes of a public hearing held pursuant to Article 9 of the Act (limited to where the public hearing has been held); |
| 2. | Outcomes from consulting with the heads of relevant administrative agencies. |
| (2) | The Minister of Land, Infrastructure and Transport shall pre-consult with the heads of relevant central administrative agencies when granting approval of a smart city plan pursuant to Article 10 (1) of the Act. In such cases, the heads of relevant central administrative agencies in receipt of a request for consultation shall present their opinions within 20 days after receipt thereof, in the absence of special circumstances. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| (3) | Where a draft smart city plan submitted pursuant to paragraph (1) fails to properly reflect the details of a smart city plan specified in the subparagraphs of Article 8 (1) of the Act, the Minister of Land, Infrastructure and Transport may request the person authorized to formulate a smart city plan to supplement the draft smart city plan. <Amended by Presidential Decree No. 24189, Nov. 20, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| (4) | Not later than 30 days from receipt of a request to supplement a draft smart city plan under paragraph (3), the person authorized to formulate a smart city plan shall notify the Minister of Land, Infrastructure and Transport of whether to supplement it and a plan to supplement it. <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24189, Nov. 20, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| (5) | Notwithstanding paragraph (3), the Minister of Land, Infrastructure and Transport may approve a draft smart city plan submitted pursuant to paragraph (1), on condition that the details of the plan are supplemented by a specified deadline. In such cases, the person authorized to formulate a smart city plan shall notify the Minister of Land, Infrastructure and Transport of a plan to supplement the draft smart city plan, within 30 days after obtaining such approval. <Amended by Presidential Decree No. 24189, Nov. 20, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| Article 16 (Minor Modification of Smart City Plans) |
CHAPTER III IMPLEMENTING SMART CITY CONSTRUCTION PROJECTS
| Article 17 (Project Implementers) |
| (1) | A person who intends to be designated as an implementer of a smart city construction project pursuant to the proviso of Article 12 (1) of the Act, shall file an application with the approval authority for implementation plans referred to in Article 14 (2) of the Act (hereinafter referred to as "approval authority for implementation plans"), specifying the following: <Amended by Presidential Decree No. 27281, Jun. 28, 2016; Presidential Decree No. 28326, Sep. 19, 2017> |
| 1. | Name and scope of the project; |
| 2. | Objectives of, and basic direction-setting for, the project; |
| 3. | Name of a person who intends to be designated as an implementer (the name of the relevant corporation and the name of its representative, if the person is a corporation); and the address of the person; |
| 4. | Period for implementing the project; |
| 5. | Method for implementing the project. |
| (2) | The approval authority for implementation plans shall determine whether to designate the relevant person as a project implementer; and shall notify the person who has applied for such designation of his or her determination within 30 days after receipt of an application under paragraph (1). <Amended by Presidential Decree No. 27281, Jun. 28, 2016> |
| (3) | "Other public institutions prescribed by Presidential Decree among public institutions subject to the Act on the Management of Public Institutions" in Article 12 (1) 2 of the Act means the following institutions: <Amended by Presidential Decree No. 21565, Jun. 26, 2009; Presidential Decree No. 28326, Sep. 19, 2017> |
| (4) | "Project implementer designated under other statutes prescribed by Presidential Decree" in Article 12 (1) 4 of the Act means the following: <Amended by Presidential Decree No. 21445, Apr. 21, 2009; Presidential Decree No. 21656, Jul. 30, 2009; Presidential Decree No. 21882, Dec. 14, 2009; Presidential Decree No. 24720, Sep. 9, 2013; Presidential Decree No. 25339, Apr. 29, 2014; Presidential Decree No. 25621, Sep. 24, 2014; Presidential Decree No. 26762, Dec. 28, 2015; Presidential Decree No. 27444, Aug. 11, 2016; Presidential Decree No. 28326, Sep. 19, 2017; Presidential Decree No. 28686, Feb. 27, 2018; Presidential Decree No. 29045, Jul. 16, 2018; Presidential Decree No. 29516, Feb. 8, 2019> |
| 2. | An implementer of an innovation city development project designated under Article 10 of the Special Act on the Construction and Development of Innovation Cities; |
| 11. | An implementer of a station area development project designated under Article 12 of the Act on Developing and Using Station Areas; |
| (5) | "Project implementer prescribed by Presidential Decree" in Article 12 (3) 6 of the Act means the following project implementers: <Newly Inserted by Presidential Decree No. 28326, Sep. 19, 2017> |
| 2. | A provider of information and communications services defined in subparagraph 3 of Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; |
| 3. | A location information provider referred to in Article 5 of the Act on the Protection and Use of Location Information. |
| Article 18 Deleted. <by Presidential Decree No. 27281, Jun. 28, 2016> |
| Article 19 (Implementation Plans for Smart City Construction Projects) |
| (1) | An implementation plan for a smart city construction project formulated pursuant to Article 14 (1) of the Act (hereinafter referred to as "implementation plan") shall be accompanied by the following documents and drawings; and in such cases, the approval authority for implementation plans shall verify the cadastral map of a project implementation area through administrative data matching prescribed in Article 36 (1) of the Electronic Government Act: <Amended by Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 28326, Sep. 19, 2017> |
| 1. | A location map of the project implementation area; |
| 2. | A floor plan and rough design documents for the implementation plan; |
| 3. | A bill for installing public facilities to be vested in the State or a local government, as well as a bill for the existing public facilities to be vested in or transferred to the relevant project implementer (limited to where the project implementer is not the State or a local government); |
| 4. | Documents necessary for consulting with the heads of relevant central administrative agencies. |
| (2) | "Matters prescribed by Presidential Decree" in Article 14 (1) 10 of the Act means the following: <Amended by Presidential Decree No. 27281, Jun. 28, 2016; Presidential Decree No. 29516, Feb. 8, 2019> |
| 1. | Matters on phased implementation; |
| 2. | Project implementation system; |
| 3. | Project implementation procedures; |
| 4. | Vesting and replacement of public facilities; |
| 5. | Supply of any land, buildings, structures, etc. constructed by a smart city construction project (hereinafter referred to as "developed land, etc.") by leasing or parceling them out. |
| (3) | "Modifying any minor matters prescribed by Presidential Decree" in the proviso of Article 14 (5) of the Act means any of the following cases: <Amended by Presidential Decree No. 27281, Jun. 28, 2016; Presidential Decree No. 28326, Sep. 19, 2017> |
| 1. | Where the project period is changed by up to two years; |
| 2. | Where the project cost of smart city construction is changed by up to 10/100 of the total project cost; |
| 3. | Where the area for a smart city construction project is changed by up to 10/100 of the originally planned area. |
| (4) | Standards for formulating implementation plans under Article 14 (1) of the Act and other necessary matters shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. In such cases, the Minister shall pre-consult with the heads of relevant central administrative agencies thereon. <Newly Inserted by Presidential Decree No. 27281, Jun. 28, 2016> |
| Article 20 (Consultation Period for Constructive Authorization and Permission under Other Statutes) |
| Article 21 (Completion Inspections) |
| (1) | To undergo a completion inspection pursuant to Article 16 (1) of the Act, a project implementer (excluding the State and local governments) shall submit a report on completion of construction to the approval authority for implementation plans referred to in Article 14 (2) of the Act (hereinafter referred to as "approval authority for implementation plans"), along with the following documents and drawings: <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
| 1. | A report on completion of construction (including as-built drawings and photographs); |
| 2. | A report on the vesting of smart city infrastructure under Article 18 of the Act as well as drawings thereof; |
| 3. | Any other documents necessary for completion inspections. |
| (2) | Upon receipt of a report on completion of construction under paragraph (1), the approval authority for implementation plans shall without delay conduct a completion inspection. |
| (3) | If necessary to efficiently conduct a completion inspection, the approval authority for implementation plans may request any relevant administrative agency, public institution subject to the Act on the Management of Public Institutions, research institute, other specialized institution, etc. to conduct the completion inspection. |
| (4) | The approval authority for implementation plans may request an administration office which is to acquire or manage public facilities included in a report on completion of construction, to participate in the relevant completion inspections; and the administration office so requested shall comply with such request, in the absence of special circumstances. |
| (5) | If a smart city construction project is completed or a project implementer referred to in paragraph (1) has undergone a completion construction inspection, the State or a local government shall give public notice of the completion of construction containing the following information, in the Official Gazette or official reports: <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
| 3. | Location of the project implementation area; |
| 4. | Date of completion of construction; |
| 5. | Details of the smart city infrastructure constructed and smart city services; |
| Article 22 (Managing and Operating Smart City Infrastructure) |
| (1) | The administration office of smart city infrastructure referred to in Article 19 (1) of the Act (including persons entrusted with managing and operating it pursuant to Article 19 (3) of the Act; hereinafter referred to as "administration office of smart city infrastructure") shall manage and operate smart city infrastructure, considering the following: <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
| 1. | Efficiently maintaining and repairing smart city infrastructure as well as improving functions thereof; |
| 2. | Cooperative role-sharing between managing entities for interconnecting and integratedly managing smart city infrastructure; |
| 3. | Financing and reducing expenses incurred in managing and operating smart city infrastructure. |
| (2) | "Institution prescribed by Presidential Decree" in Article 19 (3) of the Act means the following: <Amended by Presidential Decree No. 22424, Oct. 1, 2010> |
| (3) | Procedures for entrustment under Article 19 (3) of the Act and other matters shall be prescribed and publicly announced by the administration office of smart city infrastructure. <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
| (4) | Where the administration office of smart city infrastructure fully or partially entrusts the affairs relating to managing and operating smart city infrastructure, it may pay charges or subsidies necessary for conducting the affairs, to a person entrusted with the affairs. <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
| (5) | The administration office of smart city infrastructure may require a person entrusted with the affairs to pay some of the profits accruing from the entrusted affairs. <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
| (6) | Standards and procedures for entrusting affairs relating to managing and operating smart city infrastructure and other necessary matters shall be determined by the Minister of Land, Infrastructure and Transport in consulting with the heads of relevant central administrative agencies. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
CHAPTER III-2 VITALIZING SMART CITY SERVICES
| Article 22-2 (Vitalizing Distribution of Information on Smart City Services) |
| (1) | Where the administration office of smart city infrastructure intends to provide information pursuant to Article 19-2 (1) of the Act, it shall disclose the list, an outline, etc. of the information on the website of the relevant agency. <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
| (2) | Charges referred to in Article 19-2 (2) of the Act shall be determined by the administration office of smart city infrastructure within the limit of actual expenses; and the details thereof shall be publicly notified in the Official Gazette or official reports and publicly announced on the website of the relevant agency. <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
| (3) | The administration office of smart city infrastructure may exempt charges if using information on smart city services falls under any of the following cases: <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
| 1. | Where the State or a local government uses the services for its affairs; |
| 2. | Where an educational institution or research institute uses the services for education or research. |
[This Article Newly Inserted by Presidential Decree No. 24189, Nov. 20, 2012]
| Article 22-3 (Utilization of Smart City Infrastructure) |
| (1) | Where the administration office of smart city infrastructure intends to charge fees for using smart city infrastructure pursuant to Article 19-3 (1) of the Act, it shall determine the fees within the limit of actual expenses; and shall give public notice of the details of the fees in the Official Gazette or official reports and publicly announce them on the website of the relevant agency. <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
| (2) | Article 22-2 (3) shall apply mutatis mutandis to the exemption from the fees referred to in paragraph (1). In such cases, "using information on smart city services" shall be construed as "using smart city infrastructure", and "charges" shall be construed as "fees". <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
[This Article Newly Inserted by Presidential Decree No. 24189, Nov. 20, 2012]
| Article 22-4 (Designation of Supporting Agencies for Smart City Services) |
| (1) | To designate a supporting agency for smart city services (hereinafter referred to as "supporting agency") pursuant to Article 19-4 (1) of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify matters regarding application for the designation, such as the method for filing an application for designation, in the Official Gazette; and shall publicly announce the matters on the relevant website, etc. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| (2) | A person intending to be designated as a supporting agency shall meet the requirements specified in attached Table 1. |
| (3) | A person intending to be designated as a supporting agency shall file an application with the Minister of Land, Infrastructure and Transport, along with the following documents: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | The articles of incorporation or operational regulations equivalent thereto; |
| 3. | Status of specialists on payroll; |
| 4. | A detailed statement of facilities. |
| (4) | Upon designating a supporting agency, or upon revoking the designation of a supporting agency or issuing an order for business suspension, pursuant to Article 19-4 (1) or (4) of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify such fact in the Official Gazette and shall publicly announce it on the relevant website. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (5) | Criteria for revoking the designation of a supporting agency or for suspending its business operations under Article 19-4 (4) of the Act shall be as specified in attached Table 2. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the procedures for designating and operating a supporting agency shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 24189, Nov. 20, 2012]
CHAPTER IV STANDARDS FOR SMART CITY TECHNOLOGIES AND PROTECTION OF INFORMATION
| Article 23 (Standards for Convergence Technologies) |
| (1) | "Heads of relevant central administrative agencies prescribed by Presidential Decree" in the main sentence of Article 20 (1) of the Act means the following persons: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The Minister of the Interior and Safety; |
| 2. | The Minister of Trade, Industry and Energy; |
| 3. | The Chairperson of the Korea Communications Commission. |
| (2) | To efficiently implement affairs relating to establishing the standards for convergence technologies of construction and information and communications (hereinafter referred to as "convergence technologies") pursuant to Article 20 of the Act, the Minister of Land, Infrastructure and Transport may designate and operate a dedicated agency. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Upon designating a dedicated agency under paragraph (2), the Minister of Land, Infrastructure and Transport shall publicly notify such fact. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport may subsidize the expenses incurred by a dedicated agency under paragraph (2) in performing its duties, within budgetary limits. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 24 (Protection of Smart City Infrastructure) |
"Facilities prescribed by Presidential Decree" in Article 22 (1) of the Act means an integrated operation center of a smart city referred to in subparagraph 2 of Article 4. <Amended by Presidential Decree No. 28326, Sep. 19, 2017>
CHAPTER V SMART CITY PROMOTION SYSTEM
| Article 25 (Composition of National Smart City Committee) |
| (1) | The term of office of any member commissioned by the Minister of Land, Infrastructure and Transport pursuant to Article 23 (3) 1 of the Act, among members of the National Smart City Committee established under Article 23 (1) of the Act (hereinafter referred to as the "Committee"), shall be two years; and the term may be renewed. <Amended by Presidential Decree No. 27281, Jun. 28, 2016; Presidential Decree No. 28326, Sep. 19, 2017> |
| (2) | "Vice Ministers of central administrative agencies prescribed by Presidential Decree" in Article 23 (3) 2 of the Act means the following persons: <Amended by Presidential Decree No. 27281, Jun. 28, 2016; Presidential Decree No. 28326, Sep. 19, 2017> |
| 1. | The Second Vice Minister of Economy and Finance; |
| 2. | The First Vice Minister of Culture, Sports and Tourism; |
| 3. | The Vice Minister of Trade, Industry and Energy; |
| 4. | The Vice Minister of Health and Welfare; |
| 5. | The Vice Minister of Environment. |
| (3) | The Chairperson of the Committee shall represent the Committee and exercise general supervision over the affairs of the Committee. |
| (4) | Where the Chairperson is unable to perform his or her duties in inevitable circumstances, the Vice Chairperson who is the Vice Minister of the Land, Infrastructure and Transport shall act on behalf of the Chairperson. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27281, Jun. 28, 2016> |
| (5) | The Committee shall have two secretaries, one of whom shall be a person in charge in any field related to national land or cities among members of the Senior Executive Service in the Ministry of Land, Infrastructure and Transport; and the other, a person in charge in any field related to informatization among members of the Senior Executive Service in the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 25-2 (Dismissal of Committee Members) |
The Minister of Land, Infrastructure and Transport may dismiss a member of the Committee specified in Article 23 (3) 1 of the Act in any of the following cases: | 1. | The member becomes unable to perform his or her duties due to a mental or physical disorder; |
| 2. | The member has engaged in any misconduct in relation to his or her duties; |
| 3. | The member is deemed unfit as a member due to neglecting his or her duties, losing dignity, or other similar reasons; |
| 4. | The member voluntarily indicates that it is impracticable for him or her to perform his or her duties. |
[This Article Newly Inserted by Presidential Decree No. 27281, Jun. 28, 2016]
| Article 26 (Operation of Committee) |
| (1) | The Chairperson shall convene and preside over meetings of the Committee. |
| (2) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (3) | If deemed necessary for deliberation, the Committee may request relevant agencies to submit necessary data or have relevant public officials or persons attend any of its meetings to hear their opinions, and the relevant agencies, public officials, or persons so requested shall comply with such request in the absence of special circumstances. |
| (4) | Allowances may be provided, and travel expenses may be reimbursed, within budgetary limits, to members of the Committee other than public officials. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for operating the Committee shall be determined by the Chairperson by resolution of the Committee. |
| Article 27 (Specialized Committees or Consultative Body Comprised of Local Governments) |
| (1) | Pursuant to Article 23 (4) of the Act, a specialized committee shall be established within the Committee for each of the following sectors to support specialized surveys and research as well as deliberation by the Committee regarding smart cities: <Amended by Presidential Decree No. 27281, Jun. 28, 2016; Presidential Decree No. 28326, Sep. 19, 2017> |
| 3. | Convergence technologies; |
| (2) | Pursuant to Article 23 (4) of the Act, a consultative body comprised of local governments shall be established within the Committee to support deliberation by the Committee on matters specified in Article 23 (1) 1 and 3 of the Act. <Newly Inserted by Presidential Decree No. 28326, Sep. 19, 2017> |
| (3) | The composition, operation, and duties of the specialized committees referred to in paragraph (1) and the consultative body comprised of local governments referred to in paragraph (2), and other necessary matters shall be determined by the Chairperson, subject to deliberation by the Committee. <Amended by Presidential Decree No. 28326, Sep. 19, 2017> |
| Article 27-2 (Supporting Bureau for National Pilot Smart Cities) |
| 1. | Formulating, implementing, and managing plans for national pilot smart city construction projects; |
| 2. | Consulting with agencies relating to improving systems, subsidizing budgets, etc. to promote national pilot smart city construction projects; |
| 3. | Research and development relating to national pilot smart city construction projects; |
| 4. | International cooperation and overseas expansion relating to national pilot smart cities; |
| 5. | Publicity for national pilot smart cities in Korea and abroad. |
| (2) | A member in general service of the Senior Executive Service who is in charge of city polices in the Ministry of Land, Infrastructure and Transport, shall concurrently serve as the head of the Supporting Bureau for National Pilot Smart Cities established under Article 23-2 (1) of the Act. |
| (3) | The Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies, local governments, relevant agencies or organizations, or project implementers to dispatch public officials or staff members under their management, if necessary to perform the duties of the Supporting Bureau for National Pilot Smart Cities established under Article 23-2 (1) of the Act. |
| (4) | Except as provided in paragraphs (1) through (3), composing and operating the Supporting Bureau for National Pilot Smart Cities and other necessary matters shall be prescribed by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
| Article 28 (Matters Subject to Consultation by Consultative Council for Smart City Projects) |
"Matters prescribed by Presidential Decree" in Article 24 (1) 4 of the Act means the following: <Amended by Presidential Decree No. 28326, Sep. 19, 2017> | 1. | Completion inspections for smart city construction projects; |
| 2. | Any other matters determined by a resolution of the relevant consultative council for smart city projects, which are necessary to seamlessly promote smart city construction projects. |
| Article 28-2 (Authorization to Establish Association of Smart Cities) |
| (1) | To establish an association of smart cities pursuant to Article 24-2 (1) of the Act, at least 10 business entities related to smart city services (hereinafter referred to as "smart city business entities"), such as project implementers referred to in Article 12 (1) or (3) of the Act (excluding the State and local governments), shall convene, as promoters, an inaugural general meeting; shall prepare the articles of association with the consent of a majority of those present at the inaugural general meeting attended by at least 30 smart city business entities; and shall obtain authorization from the Minister of Land, Infrastructure and Transport. |
| (2) | Upon granting authorization under paragraph (1), the Minister of Land, Infrastructure and Transport shall publicly announce such fact. |
[This Article Newly Inserted by Presidential Decree No. 28326, Sep. 19, 2017]
CHAPTER VI SUPPORT FOR SMART CITY INDUSTRY
| Article 29 (Subsidies or Loans) |
The Minister of Land, Infrastructure and Transport may partially subsidize or finance the costs of any smart city construction project from the relevant budget pursuant to Article 26 of the Act, in consulting with the heads of relevant central administrative agencies. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017>
| Article 30 (Designation of Specialized Complexes for Smart Cities) |
| (1) | The head of a Si/Gun may request the Minister of Land, Infrastructure and Transport to designate a specialized complex for smart cities (hereinafter referred to as "specialized complex") under Article 29 (1) of the Act. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| (2) | To request designation of a specialized complex pursuant to paragraph (1), the head of a Si/Gun shall submit a document, including the following, to the Minister of Land, Infrastructure and Transport: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| 1. | The area requested for designation as a specialized complex, as well as the details of the relevant project; |
| 2. | Grounds for requesting the designation; |
| 3. | Details of a budget, human resources, etc. the head of the Si/Gun may support for a special complex; |
| 4. | Any other matters to be considered to designate a special complex. |
| (3) | If necessary for designating a special complex pursuant to Article 29 (1) of the Act, the Minister of Land, Infrastructure and Transport may request a specialized committee established pursuant to Article 27 (1) to conduct surveys and research. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| (4) | Upon designating a special complex, the Minister of Land, Infrastructure and Transport shall publicly announce the designated city, details of the relevant project, grounds for the designation, etc. in the Official Gazette and on the relevant website; and shall notify the head of the relevant Si/Gun, administrative agency, or local government that has requested such designation, of the details of the designation. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for designating a special complex, etc. shall be prescribed by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28326, Sep. 19, 2017> |
| Article 31 (Criteria and Methods for Certification of Smart Cities) |
| (1) | To certify the matters specified in the subparagraphs of Article 32 (1) of the Act, the Minister of Land, Infrastructure and Transport shall establish and publicly notify certification criteria (hereinafter referred to as "certification criteria") in advance, including the following: |
| 1. | Certification indices and evaluation items for each subject of certification; |
| 2. | Detailed evaluation criteria for each evaluation item, such as the objectives, methods, allocated points, calculation criteria, and minimum criteria. |
| (2) | The Minister of Land, Infrastructure and Transport shall determine whether to grant certification by conducting written evaluations and field inspections in compliance with the certification criteria. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the certification criteria and methods shall be publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the Minister of the Interior and Safety and the heads of other relevant central administrative agencies. |
[This Article Newly Inserted by Presidential Decree No. 28326, Sep. 19, 2017]
| Article 32 (Revocation of Certification) |
| (1) | To revoke certification for smart cities, etc. pursuant to Article 33 of the Act, the Minister of Land, Infrastructure and Transport shall provide a person who was certified with advance notice of the revocation, specifying the grounds for revocation and the period for submitting explanatory materials. |
| (2) | Where a person in receipt of advance notice of the revocation under paragraph (1) fails to submit any explanatory materials within the submission period, the Minister of Land, Infrastructure and Transport shall give the second advance notice thereof to such person. |
| (3) | Where a person who was certified fails to submit any explanatory materials within the period for submitting explanatory materials specified in the second advance notice, or where submitted explanatory materials are deemed groundless, the Minister of Land, Infrastructure and Transport shall revoke the certification. |
| (4) | Upon revoking certification, the Minister of Land, Infrastructure and Transport shall notify the relevant person who was certified of such fact without delay; and shall post it on the website of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 28326, Sep. 19, 2017]
| Article 33 (Placing Certification Marks) |
Where a person who was certified for a smart city, etc. intends to use a certification mark or to publicize the fact that he or she was certified pursuant to Article 34 (1) of the Act, the person shall do so according to the methods of placing certification marks prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. [This Article Newly Inserted by Presidential Decree No. 28326, Sep. 19, 2017]
CHAPTER VII DESIGNATION OF, AND SUPPORT FOR, NATIONAL PILOT SMART CITIES
| Article 34 (Standards and Procedures for Designation of National Pilot Smart Cities) |
| (1) | "Area that meets the requirements prescribed by Presidential Decree" in Article 35 (1) 4 of the Act means any of the following areas: |
| 1. | An area which is expected to contribute to the balanced national development because it is evaluated to have a profound spillover effect and influence on surrounding cities if designated and operated as a national pilot smart city; |
| 2. | An area where innovation industries are expected to be clustered, and thus private participation is highly likely to increase. |
| (2) | Not later than 30 days from receipt of a request for consultation or opinion from the Minister of Land, Infrastructure and Transport under Article 35 (2) of the Act, the head of a relevant central administrative agency and the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, or Special Self-Governing Province Governor, or the head of the competent Si/Gun (hereinafter referred to as the "head of the competent local government") shall give opinions in response to such request, in the absence of special circumstances. |
| (4) | Upon designating a national pilot smart city, revoking the designation thereof, or amending the scope of the national pilot smart city pursuant to Article 35 (1), (3), or (4) of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify matters classified as follows in the Official Gazette, without delay pursuant to Article 35 (6) of the Act: |
| 1. | Where a national pilot smart city has been designated: The following: |
| (a) | Name, location, and area of the national pilot smart city; |
| (b) | Objectives of designation of the national pilot smart city; |
| (c) | Details of any project to be implemented in the national pilot smart city; |
| (d) | Any other matters the Minister of Land, Infrastructure and Transport deems necessary; |
| 2. | Where the scope of a national pilot smart city has been amended: The grounds for amendment, as well as the matters specified in the items of subparagraph 1 for the national pilot smart city with the scope amended; |
| 3. | Where the designation of a national pilot smart city has been revoked: The fact that the designation has been revoked, as well as the grounds for revocation. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
[Previous Article 34 moved to Article 46]
| Article 35 (Commission of Civilian Experts for National Pilot Smart Cities) |
| (1) | The Minister of Land, Infrastructure and Transport may commission a civilian expert in any field related to smart cities to exercise overall control over, and coordinate, the formulation, promotion, implementation, etc. of plans for national pilot smart city construction projects. |
| (2) | Details about commissioning civilian experts under paragraph (1), their duties, etc. shall be prescribed by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
| Article 36 (Support for National Pilot Smart Cities) |
| (1) | The Minister of Land, Infrastructure and Transport or the head of the competent local government may provide financial support, such as granting subsidies or loans, for the following pursuant to Article 36 (1) of the Act: |
| 1. | Expenses incurred in formulating plans for any project promoted by a national pilot smart city; |
| 2. | Expenses incurred in implementing any project promoted by a national pilot smart city. |
| (2) | The Minister of Land, Infrastructure and Transport or the head of the competent local government may fully or partially subsidize expenses related to the following pursuant to Article 36 (1) of the Act, for any enterprise, research institute, university, etc. located in an innovative growth promotion zone designated pursuant to Article 43 of the Act: |
| 1. | Technological development for innovation industries; |
| 2. | Training and utilizing innovation industry specialists; |
| 3. | Expanding research and development facilities, equipment, etc. related to innovation industries; |
| 4. | Facilitating commercialization of innovation industries; |
| 5. | Establishing a management and distribution system for information on innovation industries. |
| (3) | Upon supporting a budget, human resources, etc. for a national pilot smart city, the head of the competent local government shall notify the Minister of Land, Infrastructure and Transport of the details of the support. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
| Article 37 (Exclusion of Other Statutes or Regulations regarding Using Anonymized Personal Information) |
"The head of a relevant central administrative agency responsible for national pilot smart cities, the head of the competent local government, the implementer of a national pilot smart city construction project, a smart city service provider in a national pilot smart city, and other persons prescribed by Presidential Decree" in Article 37 of the Act means the following persons: | 1. | The heads of relevant central administrative agencies who designate national pilot smart cities or promote any project to support designated national pilot smart cities; |
| 2. | The heads of the local governments having jurisdiction over national pilot smart cities; |
| 3. | Implementers of national pilot smart city construction projects; |
| 4. | Persons who provide smart city services in any national pilot smart city. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
| Article 38 (Procedures for Inviting Public Participation in Project Planning) |
| (1) | Where a project implementer intends to invite public participation in smart city construction project plans pursuant to Article 38 (1) of the Act, he or she shall publicly notify the following in at least two general daily newspapers (referring to general daily newspapers of nationwide circulation registered pursuant to Article 9 (1) of the Act on the Promotion of Newspapers): |
| 1. | Outline of a project plan, including the objectives, location, scale, period, and method of the relevant national pilot smart city construction project; |
| 2. | A plan to supply developed land, etc. by leasing or parceling them out; |
| 3. | Guidelines for preparing a project plan; |
| 4. | Description of how to participate publically, such as the period and method of submitting a project plan; |
| 5. | Criteria and plans for evaluating project plans; |
| 6. | Any other matters necessary for preparing and submitting project plans. |
| (2) | A project implementer shall evaluate project plans, submitted in compliance with public notice provided under paragraph (1), in accordance with paragraph (1) 5; and shall select one among the project plans. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
| Article 39 (Methods of Supplying Developed Land) |
| (1) | A project implementer may supply any developed land, etc. to a person selected under Article 38 (2), by leasing or parceling them out under a no-bid contract pursuant to Article 38 (2) of the Act. |
| (2) | Except as provided in paragraph (1), the methods of supplying developed land, etc. under a no-bid contract and through leasing or parceling-out, and other necessary matters shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
| Article 40 (Special Cases concerning Software Projects) |
| (1) | "Cases prescribed by Presidential Decree" in the proviso of Article 41 (2) of the Act, with the exception of its subparagraphs, means the following: |
| 1. | Participating in a project in compliance with such standards and procedures as are publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the Minister of Science and ICT regarding consortiums with small and medium enterprises defined in Article 2 of the Framework Act on Small and Medium Enterprises; |
| 2. | Participating in a project which is re-ordered because no software business entity has been selected (limited to projects ordered by the Administrator of the Public Procurement Service requested by the State, a local government, or any pubic institution under the Act on the Management of Public Institutions, in accordance with the Government Procurement Act); |
| 3. | Participating in a project related to exporting, electric power, or cultivating other innovation industry, in which participation by a software business entity specified in the subparagraphs of Article 41 (2) of the Act is deemed inevitable, as publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the Minister of Science and ICT. |
| (3) | Detailed standards and procedures for imposing restrictions on participation in tendering and other necessary matters, shall be publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the Minister of Science and ICT. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
| Article 41 (Standards for Designation of Innovative Growth Promotion Zones) |
When designating an innovative growth promotion zone pursuant to Article 43 (1) of the Act, the Minister of Land, Infrastructure and Transport shall consider the following: | 1. | The necessity for revitalizing convergence of smart city services and smart city technologies; |
| 2. | The necessity for developing the innovative growth promotion zone into a growth hub of the relevant region or for particularly facilitating private participation; |
| 3. | The necessity for relaxing restrictions on using land, as well as on the purpose of use, building-to-land ratio, ratio of volume, height, etc. of buildings to create diverse and creative urban spaces. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
| Article 42 (Procedures for Designation, and Alteration or Revocation of Designation, of Innovative Growth Promotion Zones) |
| (1) | To designate an innovative growth promotion zone pursuant to Article 43 (1) of the Act, the Minister of Land, Infrastructure and Transport shall formulate a plan to designate the innovative growth promotion zone, including the following: |
| 1. | Name, location, and area of the innovative growth promotion zone; |
| 2. | Objectives of designation of the innovative growth promotion zone; |
| 3. | Details of projects implemented in the innovative growth promotion zone; |
| 4. | The following support and operation: |
| (a) | Support to facilitate private participation; |
| (d) | Support for project implementers and enterprises located in the innovative growth promotion zone; |
| (e) | Any other matters the Minister of Land, Infrastructure and Transport deems necessary to provide support for innovative growth promotion zones. |
| (2) | If necessary to formulate a designation plan under paragraph (1), the Minister of Land, Infrastructure and Transport may request the head of the competent local government or the relevant project implementer to submit data. |
| (3) | The Minister of Land, Infrastructure and Transport shall consult with the head of the competent local government on the designation plan formulated pursuant to paragraph (1), under the main sentence of Article 43 (2) of the Act. |
| (4) | The Minister of Land, Infrastructure and Transport and the head of the competent local government shall publicly announce the designation plan consulted on pursuant to paragraph (3) in the Official Gazette and the official report of the local government for at least 14 days to hear opinions of local residents; and the Minister shall reflect their opinions in the designation plan, to the extent deemed reasonable. |
| (5) | The Minister of Land, Infrastructure and Transport shall finalize the designation plan after hearing the opinions of local residents under paragraph (4), subject to deliberation by the Committee. |
| (6) | If necessary to alter or revoke the designation of an innovative growth promotion zone designated pursuant to Article 43 (2) of the Act, the Minister of Land, Infrastructure and Transport may request the head of the competent local government or the relevant project implementer to submit data. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
| Article 43 (Modification of Minor Matters) |
| 1. | Matters modified to reflect the provisions of the Act or this Decree amended or the provisions of any other statutes or regulations enacted, amended, or repealed; |
| 2. | Errors, misentries, omissions, or any other matters not affecting the objectives of designation of innovative growth promotion zones, the grounds for modifying which are clear; |
| 3. | Name of an innovative growth promotion zone modified due to change of the relevant administrative district, etc.; |
| 4. | Modifying the area of an innovative growth promotion zone by up to 10/100 of the area. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
| Article 44 (Public Notice of Designation, and Alteration or Revocation of Designation, of Innovative Growth Promotion Zones) |
Upon designating an innovative growth promotion zone, or altering or revoking the designation thereof, the Minister of Land, Infrastructure and Transport shall publicly notify matters classified as follows in the Official Gazette; and shall post the matters on the relevant website pursuant to Article 43 (3) of the Act: | 1. | Where an innovative growth promotion zone has been designated: The following: |
| (a) | Name, location, and area of the innovative growth promotion zone; |
| (b) | Objectives of designating the innovative growth promotion zone; |
| (c) | Details of projects implemented in the innovative growth promotion zone; |
| (d) | Topographical drawings indicating the innovative growth promotion zone; |
| (f) | Any other matters the Minister of Land, Infrastructure and Transport deems necessary; |
| 2. | Where the designation of an innovative growth promotion zone has been altered: The grounds for the alteration, as well as the matters specified in the items of subparagraph 1 for the innovative growth promotion zone, the designation of which has been altered; |
| 3. | Where the designation of an innovative growth promotion zone has been revoked: The fact that the designation has been revoked, as well as the grounds for revocation. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
| Article 45 (Building of Facilities for Assistance with Business Start-Up) |
| (1) | Buildings a project implementer may build, lease, or operate in an innovative growth promotion zone pursuant to Article 46 (1) of the Act shall be those constructed, leased, or operated for such purposes as supporting business start-up and innovative growth. |
| (2) | Where a project implementer intends to build, lease, or operate any building pursuant to Article 46 (1) of the Act, he or she shall prepare and submit a project plan, including the following, to the Minister of Land, Infrastructure and Transport: |
| 1. | Details of the building, land, etc. to be built, leased, or operated; |
| 2. | Timing and method for building, lease, or operation, as well as eligibility criteria for subjects; |
| 3. | Type and scale of business to be attracted; |
| 4. | Criteria for calculating the rental security deposit and rent; |
| 5. | An operation plan and maintenance plan; |
| 6. | Any other matters the Minister of Land, Infrastructure and Transport deems necessary. |
| (3) | Upon receipt of a project plan under paragraph (2), the Minister of Land, Infrastructure and Transport may request the relevant project implementer to revise the project plan, if necessary based upon the necessity to the public, ease of supporting business start-up, etc. |
| (4) | Upon receipt of a request under paragraph (3), the relevant project implementer shall reflect requested matters in the project plan, in the absence of special circumstances. |
[This Article Newly Inserted by Presidential Decree No. 29516, Feb. 8, 2019]
CHAPTER VIII PENALTY PROVISIONS
| Article 46 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines under Article 47 (1) of the Act shall be as specified in attached Table 3. <Amended by Presidential Decree No. 29516, Feb. 8, 2019> [This Article Newly Inserted by Presidential Decree No. 28326, Sep. 19, 2017]
[Moved from Article 34]
ADDENDUM
This Decree shall enter into force on September 29, 2008.
ADDENDA <Presidential Decree No. 21445, Apr. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009: Provided, That ㆍㆍㆍ <omitted> ㆍㆍㆍ Article 3 of the Addenda shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21656, Jul. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21698, Aug. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21882, Dec. 14, 2009.>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 24189, Nov. 20, 2012>
This Decree shall enter into force on November 24, 2012.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24720, Sep. 9, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 12, 2013.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25339, Apr. 29, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25358, May 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2014.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 25621, Sep. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 25, 2014.
Articles 2 through 5 Omitted.
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.
ADDENDA <Presidential Decree No. 26762, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 27281, Jun. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2016.
Article 2 (Transitional Measures concerning Designation of Project Implementers)
Any person who has submitted a plan for a ubiquitous city construction project under the previous provisions of Article 17 (1) to obtain the designation as an implementer of the ubiquitous city construction project before this Decree enters into force, shall be deemed to have submitted an application under the amended provisions of Article 17 (1).
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
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.
ADDENDA <Presidential Decree No. 28326, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28686, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2018. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 29045, Jul. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29516, Feb. 8, 2019>
This Decree shall enter into force on February 15, 2019.