SPECIAL ACT ON PROMOTION OF AND SUPPORT FOR URBAN REGENERATION
Act No. 11868, jun. 4, 2013
Amended by Act No. 12215, Jan. 7, 2014
Act No. 12989, Jan. 6, 2015
Act No. 13793, Jan. 19, 2016
Act No. 15317, Dec. 26, 2017
Act No. 15489, Mar. 20, 2018
Act No. 15601, Apr. 17, 2018
Act No. 16562, Aug. 27, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to enhancement of the quality of life of the people as evidenced by the expansion of a foundation for sustainable growth of cities, improvement of competitiveness of cities, and recovery of local community, by strengthening the public role in and support for the economic, social, and cultural revitalization of cities.
| (1) | The definitions of the terms used in this Act are as follows: <Amended by Act No. 15317, Dec. 26, 2017; Act No. 15601, Apr. 17, 2018; Act No. 16562, Aug. 27, 2019> |
| 1. | The term “urban regeneration” means economic, social, physical, and environmental revitalization of a city which is declining due to depopulation, change of industrial structure, urban sprawl, deterioration of the dwelling condition, etc. by strengthening local capacity, introducing and creating new functions, and utilizing local resources; |
| 2. | The term “basic policy for national urban regeneration” means a national urban regeneration strategy which is established in order to push forward urban regeneration in a comprehensive, planned, and efficient manner; |
| 3. | The term “strategic plan for urban regeneration” means a plan of a developer of a strategic plan to establish an urban regeneration promotion strategy by investigating and exploring various plans, projects, programs, tangible and intangible regional assets, etc. related to urban regeneration, and by designating an urban regeneration revitalization area for the whole city or some areas, or, if necessary, not less than two cities in consideration of the basic policy for national urban regeneration; |
| 4. | The term “developer of a strategic plan” means 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 a Gun located in the jurisdiction of a Metropolitan City); |
| 5. | The term “urban regeneration revitalization area” means a strategic target area to maximize the effect of projects for urban regeneration by concentrating the resources and capacity of the State and local government, of which the designation and cancelation is to be determined by a strategic plan for urban regeneration; |
| 6. | The term “urban regeneration revitalization plan” means an implementation plan established comprehensively by linking various urban regeneration projects which are pushed forward by the State, local governments, public institutions, local residents, etc. in an urban regeneration revitalization area for local development and urban regeneration to comply with a strategic plan for urban regeneration, and falls into one of the following types according to its main purpose and characteristics: |
| (a) | Urban economy-based revitalization plan: Urban regeneration revitalization plan to grant new functions to a city and to create an employment base in connection with the rearrangement and development of urban or Gu planning facilities in charge of core functions of the State, such as an industrial complex, port, airport, railroad, general national road, and river; |
| (b) | Neighborhood regeneration revitalization plan: Urban regeneration revitalization plan for the improvement of the living environment of a residential zone unit, expansion of basic living infrastructure, revitalization of community, revival of local economy, etc.; |
| 6-2. | The term “urban regeneration innovation district” (hereinafter referred to as “innovation district”) is an area for which it is necessary to preferentially create a regional base where such functions as industry, commerce, housing, welfare, and administration are clustered together, to facilitate urban regeneration and which is designated and publicly notified under this Act; |
| 7. | The term “urban regeneration project” means the following: |
| (a) | Any of the following projects implemented in an urban regeneration revitalization area in accordance with an urban regeneration revitalization plan: |
| (i) | A series of projects pushed forward for local development and urban regeneration at a national level; |
| (ii) | A series of projects pushed forward for local development and urban regeneration by local governments; |
| (iii) | A project which revitalizes a community by utilizing physical, social, and human resources of the relevant area at the suggestion of the residents; |
| (v) | An urban development project prescribed in the Urban Development Act and a project for developing a station’s sphere of influence prescribed in the Act on Developing and Using Station’s Sphere of Influence; |
| (vii) | A harbor redevelopment project prescribed in the Harbor Act; |
| (ix) | An urban or Gun planning facility project and a project following the designation of model cities (including model districts or model complexes) prescribed in the National Land Planning and Utilization Act; |
| (xiv) | Other projects necessary for urban regeneration, which are prescribed by Presidential Decree; |
| (b) | A project implemented in an innovation district in accordance with an innovation district plan and action plan (hereinafter referred to as “innovation district regeneration project”); |
| (c) | A project that it is deemed necessary to be implemented in an area where a strategic plan for urban regeneration is formulated, by linking it with an urban regeneration revitalization area pursuant to Article 26-2 (hereinafter referred to as “project recognized as an urban regeneration project”); |
| 8. | The term “urban regeneration leading area” means an area aiming for urban regeneration revitalization by prioritizing implementation of policies of the State and local governments, which requires urgent and efficient implementation of urban regeneration and urban regeneration revitalization of which is expected to have a great ripple effect on the surrounding areas; |
| 8-2. | The term "special regeneration area" means an area where it is necessary for the State and a local government to urgently and effectively implement urban regeneration for the improvement of housing, infrastructure, etc. in a damaged area, disaster prevention and response, psychological stability of residents, and the revitalization of the community in the damaged area among the areas proclaimed as special disaster areas under the Framework Act on the Management of Disasters and Safety; |
| 9. | The term “community company” means a company operated by local residents or organizations to improve living environment, to revitalize local community, and to create income and jobs by utilizing various resources, such as manpower, native habitat, culture, and natural resources, of the relevant area; |
| 10. | The term “infrastructure for urban regeneration” means the following facilities: |
| (b) | Joint use facilities prescribed by Presidential Decree, such as playground, community center, common workplace, and village library, which are jointly used by residents; |
| 11. | The term “basic living infrastructure” means facilities necessary for the improvement of living convenience of urban residents and the maintenance or improvement of their quality of life, from among infrastructure for urban regeneration; |
| 12. | The term "coexistence agreement" means an agreement which local residents of an urban regeneration revitalization area, lessors and lessees of a commercial building subject to business registration under Article 3 (1) of the Commercial Building Lease Protection Act, the head of the relevant local government, etc. voluntarily enter into. |
| Article 3 (Duty of the State and Local Governments) |
| (1) | The State and local governments shall secure the budget necessary to push forward urban regeneration projects and shall establish and push forward the relevant policies. |
| (2) | Where the State and local governments implement urban regeneration projects, they shall first take into account the improvement of the quality of life of residents. <Newly Inserted by Act No. 15317, Dec. 26, 2017> |
| (3) | Where a strategic plan for urban regeneration has been formulated, the head of the relevant local government shall reflect such plan in the medium-term local government finance plan under Article 33 of the Local Finance Act to secure the effectiveness of the plan, an urban regeneration revitalization plan, etc. <Amended by Act No. 15317, Dec. 26, 2017> |
| Article 4 (Establishment of Basic Policies for National Urban Regeneration) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish basic policies for national urban regeneration for urban regeneration revitalization every 10 years, and, if necessary, may reexamine and renew the contents thereof every five years. |
| (3) | The basic policies for national urban regeneration shall include the following: |
| 1. | The significance and purpose of urban regeneration; |
| 2. | The urban regeneration policies which shall be mainly pushed forward by the State; |
| 3. | The basic direction and principle regarding preparation for a strategic plan for urban regeneration and an urban regeneration revitalization plan; |
| 4. | The standards for designating an urban regeneration leading area; |
| 5. | The standards for gauging the decline of cities and standards for diagnosis thereof; |
| 6. | The scope and national minimum standard of basic living infrastructure; |
| 7. | Other matters necessary for urban regeneration revitalization prescribed by Presidential Decree. |
| (4) | In order to establish the basic policies for national urban regeneration, the Minister of Land, Infrastructure and Transport may diagnose a decline of a city by utilizing the comprehensive information system for urban regeneration under Article 29. In such cases, the Minister of Land, Infrastructure and Transport may request relevant local governments for the data, and the local governments shall give priority to cooperating with such request. |
| (5) | In order to establish the basic policies for national urban regeneration in a systematic manner, the Minister of Land, Infrastructure and Transport may conduct research on the actual status of decline of cities and actual status of basic living infrastructure at a national level on a regular basis. In such cases, the research items, period, methods, and procedures, etc. shall be prescribed by Presidential Decree. |
| (6) | Where the Minister of Land, Infrastructure and Transport intends to establish or change the basic policies for national urban regeneration, he or she shall consult with the head of the relevant central administrative agency, collect opinions of the relevant local governments, and obtain approval from the President after undergoing deliberation by the Special Committee on Urban Regeneration pursuant to Article 7 and the State Council: Provided, That this shall not apply to modification of minor matters prescribed by Presidential Decree. |
| (7) | Necessary matters regarding procedures, etc. for establishing the basic policies for national urban regeneration shall be prescribed by Presidential Decree. |
| Article 5 (Effect of Basic Policies for National Urban Regeneration) |
The head of a central administrative agency and the head of local governments shall establish the following plans in consideration of the basic policies for national urban regeneration:
| 3. | Other medium- and long-term policy plans prescribed by Presidential Decree. |
| Article 6 (Relationship to Other Statutes) |
| (1) | This Act shall apply to urban regeneration projects in preference to other statutes: Provided, That where provisions more relaxed than special cases concerning restrictions under this Act exist in other statute, the other statute shall apply thereto. <Amended by Act No. 15317, Dec. 26, 2017; Act No. 16562, Aug. 27, 2019> |
| (2) | Matters not provided in this Act regarding the implementation of urban regeneration projects included in the urban regeneration revitalization plan publicly notified pursuant to Article 20 shall be governed by the relevant statutes which provide for the relevant projects. |
| (3) | The State shall ensure that enactment of or amendment to other statutes regarding urban regeneration shall meet the purpose of this Act. |
CHAPTER II PROMOTION SYSTEM OF URBAN REGENERATION
| Article 7 (Establishment of Special Committee on Urban Regeneration) |
| (1) | In order to push forward policies on urban regeneration comprehensively and efficiently, a Special Committee on Urban Regeneration (hereinafter referred to as the “Special Committee”) shall be established under the jurisdiction of the Prime Minister. |
| (2) | The Special Committee shall deliberate on the following: <Amended by Act No. 16562, Aug. 27, 2019> |
| 1. | Major national policies, such as the basic policies for national urban regeneration; |
| 2. | Strategic plans for urban regeneration jointly established by developers of strategic plans under not less than two jurisdictions of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, and Dos; |
| 3. | Urban regeneration revitalization plans including matters subject to the support of the State; |
| 4. | The designation of urban regeneration leading areas and urban regeneration revitalization plans for urban regeneration leading areas; |
| 5. | Innovation district plans and action plans, including matters subject to the support of the State; |
| 6. | Urban regeneration projects, including matters subject to the support of the State; |
| 7. | Other necessary matters regarding urban regeneration presented at a meeting by the chairperson. |
| (3) | The chairperson shall be the Prime Minister and the members of the committee, consisting of not less than 10 and not more than 30 members, shall be the following persons: <Amended by Act No. 13793, Jan. 19, 2016> |
| 1. | Government member: The head of the relevant central administrative agency prescribed by Presidential Decree; |
| 2. | Civil member: A person appointed by the chairperson, from among those with abundant knowledge of and experience in urban regeneration. |
| (4) | An urban regeneration planning group shall be established under the jurisdiction of the Minister of Land, Infrastructure and Transport in order to support the business affairs of the Special Committee and to conduct the following affairs: |
| 1. | Preparation of the basic policies for national urban regeneration; |
| 2. | Matters regarding the evaluation of and support for urban regeneration revitalization plans, urban regeneration projects, etc.; |
| 3. | Consultation with the local urban regeneration committee under Article 8 (1), the relevant administrative agency, and the relevant agency; |
| 4. | Consultation on the budget relevant to urban regeneration projects; |
| 5. | Other matters prescribed by Presidential Decree. |
| (5) | Other matters necessary for the organization, operation, etc. of the Special Committee and the urban regeneration planning group shall be prescribed by Presidential Decree. |
| Article 7-2 (Establishment of Working Committee) |
| (1) | The Special Committee may establish a working committee which deliberates on matters delegated by the Special Committee for the efficient operation thereof. In such cases, matters deliberated by the working committee shall be deemed deliberated by the Special Committee. |
| (2) | The chairperson of the working committee shall hear the opinion of the Special Committee on the result of deliberation by the working committee, and where the chairperson of the Special Committee deems it necessary to redeliberate on the result of the relevant deliberation, the Special Committee shall redeliberate on the result thereof. |
| (3) | Matters necessary for the composition, operation, etc. of the working committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15317, Dec. 26, 2017]
| Article 8 (Local Urban Regeneration Committee) |
| (1) | A local urban regeneration committee (hereinafter referred to as “local committee”) may be established in local governments to deliberate on the following matters or to respond to a request for consultation: |
| 1. | Major policies regarding the urban regeneration of local governments; |
| 2. | Strategic plans for urban regeneration and urban regeneration revitalization plans; |
| 3. | Other matters necessary for urban regeneration. |
| (2) | In cases of a local government where the local urban planning committee under Article 113 of the National Land Planning and Utilization Act is established, if the local urban planning committee meets the conditions regarding the organization, operation, etc. of the local committee prescribed by Presidential Decree, the local urban planning committee may perform the functions of the local committee. |
| (3) | Matters necessary for the organization, operation, etc. of a local committee shall be prescribed by Presidential Decree. |
| Article 9 (Establishment of Dedicated Organization) |
| (1) | For consultation, etc. among the relevant agencies and departments regarding the establishment of, support for, and promotion of a strategic plan for urban regeneration, and an urban regeneration revitalization plan, a developer of a strategic plan may establish a dedicated organization in charge of general management and adjustment of business affairs relevant to urban regeneration. If necessary, a Do Governor, the head of an autonomous Gu, and the head of a Gun within the jurisdiction of a Metropolitan City (hereinafter referred to as the “head of a Gu, etc.”) may establish a dedicated organization as prescribed by Presidential Decree. |
| (2) | Dedicated organizations shall conduct the following affairs: |
| 1. | Investigation and management of the current status and major indicators regarding urban regeneration; |
| 2. | General management, adjustment, and management of, and support for urban regeneration revitalization plans and urban regeneration projects; |
| 3. | Consultation on affairs and exchange with relevant institutions and relevant administrative agencies; |
| 4. | Establishment and operation of a local cooperative system; |
| 5. | Management of government subsidies, etc. regarding urban regeneration; |
| 6. | Identification and promotion of urban regeneration projects utilizing local resources, such as a community company; |
| 7. | Evaluation and check-up of urban regeneration revitalization plans and urban regeneration projects; |
| 8. | Financing and management of finance; |
| 9. | Other matters necessary for the seamless promotion of urban regeneration, which are prescribed by Presidential Decree. |
(3）Other matters necessary for the organization, operation, etc. of dedicated organizations shall be prescribed by Presidential Decree.
| Article 10 (Establishment of Urban Regeneration Support Organization) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish an urban regeneration support organization to conduct the following affairs, and may designate a public institution prescribed by Presidential Decree as an urban regeneration support organization: |
| 1. | Identification of policies for urban regeneration revitalization; |
| 2. | Investigation into and research on the development of an urban regeneration system; |
| 3. | Support for the establishment of strategic plans for urban regeneration and urban regeneration revitalization plans, etc.; |
| 4. | Support for the implementation, operation, and management of urban regeneration projects; |
| 5. | Affairs related to the establishment, operation, management, etc. of the comprehensive information system for urban regeneration under Article 29; |
| 6. | Affairs such as nurturing and dispatching urban regeneration experts; |
| 7. | Support for the operation, etc. of the urban regeneration support center under Article 11; |
| 8. | Other affairs prescribed by the Minister of Land, Infrastructure and Transport. |
| (2) | Matters regarding the organization, operation, etc. of an urban regeneration support organization shall be prescribed by Presidential Decree. |
| Article 11 (Establishment of Urban Regeneration Support Centers) |
| (1) | A developer of a strategic plan may establish an urban regeneration support center to conduct the business affairs regarding the following. If necessary, a Do Governor and the head of a Gu, etc. may establish an urban regeneration support center as prescribed by Presidential Decree: |
| 1. | Support for the establishment of strategic plans for urban regeneration and urban regeneration revitalization plans, and for conducting the relevant projects; |
| 2. | Matters necessary for the coordination of opinions among the residents of an urban regeneration revitalization area; |
| 3. | Operation of educational programs to nurture on-site experts; |
| 4. | Support for the establishment and operation of community companies; |
| 5. | Other matters prescribed by Presidential Decree. |
| (2) | Other matters necessary for the organization, operation, etc. of urban regeneration support centers shall be prescribed by Presidential Decree. |
CHAPTER III STRATEGIC PLANS FOR URBAN REGENERATION
| Article 12 (Establishment of Strategic Plans for Urban Regeneration) |
| (1) | In order to push forward urban regeneration, a developer of a strategic plan shall establish a strategic plan for urban regeneration every 10 years and, if necessary, he or she shall rearrange it every five years. |
| (2) | If necessary for the local condition, a developer of a strategic plan may establish a strategic plan for urban regeneration including the whole or a part of the jurisdiction of the adjacent local government. In such cases, such developer shall obtain the agreement of the head of the relevant local government in advance: Provided, That this shall not apply to the cases where a strategic plan for urban regeneration is jointly established. |
| (3) | Where a strategic plan for urban regeneration is to be established, it shall comply with basic policies for national urban regeneration and an urban or Gun master plan under Article 19 of the National Land Planning and Utilization Act, and it shall ensure that the urban regeneration shall be efficiently accomplished by preferentially linking and concentrating on various plans, projects, programs, tangible and intangible regional assets, etc. relevant to urban regeneration in urban regeneration revitalization areas. |
| Article 13 (Details of Strategic Plans for Urban Regeneration) |
| (1) | A strategic plan for urban regeneration shall include the following: <Amended by Act No. 15317, Dec. 26, 2017; Act No. 16562, Aug. 27, 2019> |
| 1. | The goal and scope of the plan; |
| 2. | The measures to achieve the goal; |
| 3. | The diagnosis of a decline and analysis of physical, social, economic, and cultural conditions; |
| 4. | The matters regarding the designation or change of an urban regeneration revitalization area; |
| 5. | Priority by urban regeneration revitalization area; |
| 5-2. | Measures to connect urban regeneration revitalization areas or to connect them with adjacent areas by improving or expanding public transportation facilities and means of public transportation, such as trams; |
| 6. | A plan to organize and operate an urban regeneration support center; |
| 7. | A local government's plan to raise funds; |
| 8. | Identification of a supporting system at the level of local governments, such as supporting ordinances and the establishment of a dedicated organization; |
| 9. | through 11. Deleted; <by Act No. 15317, Dec. 26, 2017> |
| 12. | Other project plans established by a developer of a strategic plan for urban regeneration. |
| (2) | Where a project plan under other statute is established for an area where a strategic plan for urban regeneration has been established, it shall comply with the relevant strategic plan for urban regeneration. |
| (3) | Matters regarding the standards and methods for preparing a strategic plan for urban regeneration shall be prescribed by Presidential Decree. |
| (4) | Where a developer of a strategic plan intends to designate an urban regeneration revitalization area based on a strategic plan for urban regeneration, at least two of the following requirements shall be met: |
| 1. | An area experiencing a sharp decline in population; |
| 2. | An area where the industrial decay, such as a decrease in the total number of enterprises, is occurring; |
| 3. | An area where the dwelling condition is worsening, such as by an increase in deteriorated housing. |
| (5) | The detailed standards for the requirements under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 14 (Basic Investigations for Establishment of Strategic Plans for Urban Regeneration) |
| (1) | Where a developer of a strategic plan intends to establish or change a strategic plan for urban regeneration, he or she shall conduct a basic investigation as prescribed by Presidential Decree. In such cases, he or she may utilize the comprehensive information system for urban regeneration under Article 29. |
| (2) | If necessary for an efficient investigation or measurement, etc., a developer of a strategic plan may entrust a basic investigation under paragraph (1) to a specialized institution as prescribed by Presidential Decree. |
| Article 15 (Hearing of Opinions of Residents) |
| (1) | Where a developer of a strategic plan intends to establish or change a strategic plan for urban regeneration, he or she shall hold a public hearing in advance as prescribed by Presidential Decree to gather the opinions of residents and relevant experts, etc. and shall listen to the opinions of the relevant local council, and where he or she deems that the opinions suggested in the public hearing or by the local council are reasonable, he or she shall take them into consideration in establishing the strategic plan for urban regeneration. |
| (2) | The local council shall suggest its opinion within 60 days after a developer of a strategic plan notifies it of the strategic plan for urban regeneration, and where 60 days have passed without any opinion suggested, it shall be deemed that there is no opinion of the local council. |
| Article 16 (Finalizing Strategic Plans for Urban Regeneration of Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, or Special Self-Governing Provinces) |
| (1) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor intends to establish or change a strategic plan for urban regeneration, he or she shall consult with the head of the relevant administrative agency and undergo deliberation by a local committee: Provided, That this shall not apply to any modification of minor matters prescribed by Presidential Decree. |
| (2) | Upon receipt of the request for consultation under paragraph (1), the head of the relevant administrative agency shall suggest his or her opinion to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor within 30 days after receiving such request unless there is a compelling reason not to do so. |
| (3) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor establishes or changes a strategic plan for urban regeneration, he or she shall send the relevant documents to the head of the relevant administrative agency, make a public announcement of the plan, and allow the general public to inspect it as prescribed by Presidential Decree. |
| Article 17 (Approval of Strategic Plans for Urban Regeneration for Sis/Guns) |
| (1) | Where the head of a Si/Gun intends to establish or change a strategic plan for urban regeneration, he or she shall obtain approval from a Do Governor as prescribed by Presidential Decree: Provided, That this shall not apply to any modification of minor matters prescribed by Presidential Decree. |
| (2) | Where a Do Governor intends to approve a strategic plan for urban regeneration under paragraph (1), he or she shall consult with the head of the relevant administrative agency and undergo deliberation by the relevant local committee. In such cases, upon receipt of the request for consultation, the head of the relevant administrative agency shall suggest his or her opinion within 30 days after receipt of such request unless there is a compelling reason not to do so. |
| (3) | Where at least two heads of a Si/Gun belonging to the different Dos intend to jointly establish or change a strategic plan for urban regeneration, they shall obtain approval from the Minister of Land, Infrastructure and Transport after undergoing deliberation by the relevant local committee: Provided, That this shall not apply to any modification of minor matters prescribed by Presidential Decree. |
| (4) | Where the Minister of Land, Infrastructure and Transport or a Do Governor approves a strategic plan for urban regeneration, he or she shall send the relevant documents to the head of the relevant administrative agency and the head of the relevant Si/Gun, and the head of the relevant Si/Gun who received the relevant documents shall make a public announcement of the plan and allow the general public to inspect it as prescribed by Presidential Decree. |
| Article 18 (Proposal by Residents) |
| (1) | A resident (including interested persons; hereinafter the same shall apply) may propose designation or change of an urban regeneration revitalization area to a developer of a strategic plan. |
| (2) | A person who received the proposal for designation or change of an urban regeneration revitalization area pursuant to paragraph (1) shall inform the proposer of the result of such request. |
| (3) | A person who received the proposal for designation or change of an urban regeneration revitalization area pursuant to paragraph (1) may have the proposer bear the whole or part of the expenses necessary for the proposed designation or change of the urban regeneration revitalization area, in consultation with the proposer. |
| (4) | In addition to the matters provided in paragraphs (1) through (3), matters necessary for the proposal concerning an urban regeneration revitalization area, handling of the proposal, etc. shall be prescribed by Presidential Decree. |
| Article 19 (Establishment of Urban Regeneration Revitalization Plans) |
| (1) | A developer of a strategic plan may establish an urban regeneration revitalization plan for an urban regeneration revitalization area. |
| (2) | The head of a Gu, etc. may establish a neighborhood regeneration revitalization plan for an urban regeneration revitalization area. |
| (3) | An urban regeneration revitalization plan shall include the following: <Amended by Act No. 16562, Aug. 27, 2019> |
| 2. | An urban regeneration project plan and its ripple effect; |
| 3. | A plan for the establishment and rearrangement of infrastructure for urban regeneration; |
| 3-2. | A plan for achieving the national minimum standards for basic living infrastructure; |
| 4. | A plan for providing public and private financial resources; |
| 5. | A plan for the execution of budget; |
| 6. | A plan for evaluation and check-up of an urban regeneration project; |
| 7. | An area to which the restriction of acts under Article 23 applies; |
| 8. | Other matters prescribed by Presidential Decree. |
| (4) | Where an urban economy-based revitalization plan is established, priority shall be given to measures to link the plan with the rearrangement and development of urban or Gun planning facilities in charge of the core functions of the State, such as an industrial complex, port, airport, railroad, general national road, and river in the relevant urban regeneration revitalization area; and the ripple effect, etc. on the urban economy and the industrial structure of the relevant urban regeneration revitalization plan. |
| (5) | Where a developer of a strategic plan or the head of a Gu, etc. intends to establish or change an urban regeneration revitalization plan, he or she shall ensure that the plan complies with the basic policies for national urban regeneration and strategic plans for urban regeneration. |
| (6) | Detailed matters regarding the preparation standards for and preparation methods of urban regeneration revitalization plans shall be prescribed by Presidential Decree. |
| Article 20 (Finalizing and Approving Urban Regeneration Revitalization Plans) |
| (1) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing Mayor, or a Special Self-Governing Province Governor intends to establish or change an urban regeneration revitalization plan, he or she shall finalize it after consulting with the head of the relevant administrative agency and undergoing deliberation by the relevant local committee. <Amended by Act No. 16562, Aug. 27, 2019> |
| (2) | Where the head of a Si/Gun/Gu, etc. intends to establish or change an urban regeneration revitalization plan, he or she shall obtain approval from the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor shall consult with the head of the relevant administrative agency and undergo deliberation by the relevant local committee. <Amended by Act No. 16562, Aug. 27, 2019> |
| (3) | A developer of a strategic plan or the head of a Gu, etc. shall hold a public hearing to gather the opinions of residents or relevant experts, etc. and shall listen to the opinions of the relevant local council as prescribed by Presidential Decree, before consulting with the head of the relevant administrative agency in cases falling under paragraph (1), and before applying for approval of an urban regeneration revitalization plan in cases falling under paragraph (2). |
| (4) | Where matters subject to support of the State are included in an urban regeneration revitalization plan, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or a Do Governor shall receive the decision of the Minister of Land, Infrastructure and Transport on the matters subject to support of the State before the finalization under paragraph (1) or approval under paragraph (2). In such cases, the Minister of Land, Infrastructure and Transport shall undergo deliberation by the Special Committee after consultation with the head of the relevant central administrative agency. |
| (5) | Where it is intended to modify any minor matters prescribed by Presidential Decree, consultation with the heads of relevant administrative agencies, deliberation by the relevant local committee, a public hearing, procedures for hearing opinions of the relevant local committee, and deliberation by the Special Committee need not be performed, notwithstanding paragraphs (1) through (4). <Newly Inserted by Act No. 16562, Aug. 27, 2019> |
| (6) | Where the Minister of Land, Infrastructure and Transport makes a decision pursuant to paragraph (4), he or she shall clarify the conditions, such as the projects subject to support of the State, the scale of the financial resource, and the type of the support therefor. <Amended by Act No. 16562, Aug. 27, 2019> |
| (7) | The head of the relevant central administrative agency in charge of a project subject to support of the State included in an urban regeneration revitalization plan shall compile the budget reflecting the decision under paragraph (4), except in special cases, such as the financial status of the Government. <Amended by Act No. 16562, Aug. 27, 2019> |
| (8) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor establishes or changes an urban regeneration revitalization plan, he or she shall send the relevant documents to the head of the relevant administrative agency, publicly notify the plan, and allow the general public to inspect it as prescribed by Presidential Decree. <Amended by Act No. 16562, Aug. 27, 2019> |
| (9) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor approves an urban regeneration revitalization plan, he or she shall send the relevant documents to the head of the relevant administrative agency and the head of the relevant Si/Gun/Gu, etc., and the head of the Si/Gun/Gu who received the relevant documents shall publicly notify the plan and allow the general public to inspect it as prescribed by Presidential Decree. <Amended by Act No. 16562, Aug. 27, 2019> |
| Article 21 (Effect of Urban Regeneration Revitalization Plan) |
| (1) | An urban regeneration revitalization plan shall become effective from the date public notice is given under Article 20. |
| (2) | A person who starts a project or construction before the date public notice of the relevant urban regeneration plan is given (where permission, authorization, approval, etc. shall be obtained pursuant to this Act or other statutes, referring to a person who undertakes the project or construction after obtaining such permission, authorization, approval, etc.) may continue the project or construction regardless of the public notice of the relevant urban regeneration revitalization plan. |
| (3) | Where an urban regeneration revitalization plan has been publicly notified pursuant to Article 20, the following determination, modification, designation, or authorization (hereinafter referred to as "authorization, etc.") shall be deemed made and public notice or public announcement thereof shall be deemed given or made: <Amended by Act No. 15317, Dec. 26, 2017> |
| 1. | Determination or modification of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act [only applicable to subparagraph 4 (a) (excluding a neighborhood regeneration revitalization plan) and (c) of Article 2 of the National Land Planning and Utilization Act], and designation of the implementer of an urban or Gun planning facility project under Article 86 of that Act; |
| (5) | Where a person who intends to have authorization, etc. deemed granted under paragraph (3) formulates or modifies an urban regeneration revitalization plan, he or she shall submit the urban regeneration revitalization plan formulated or modified along with related documents prescribed by the relevant statutes. <Newly Inserted by Act No. 15317, Dec. 26, 2017> |
| (6) | Where a person who has authority to formulate a strategic plan or the head of a Gu, etc. intends to formulate or modify an urban regeneration revitalization plan, in which case the urban regeneration revitalization plan includes matters falling under any subparagraph of paragraph (3), he or she shall hold consultations in advance with the heads of related administrative agencies. <Newly Inserted by Act No. 15317, Dec. 26, 2017> |
| Article 22 (Loss of Effect of Urban Regeneration Revitalization Plans) |
| (1) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor decides that the goal of the urban regeneration revitalization plan was achieved or cannot be achieved considering the status of progress of the urban regeneration project, he or she may cancel the urban regeneration revitalization plan after having consultation with the relevant administrative agency and undergoing deliberation by a local committee. |
| (2) | Where the head of the relevant Si/Gun/Gu, etc. decides that the goal of an urban regeneration revitalization plan was achieved or cannot be achieved considering the status of progress of the relevant urban regeneration project, he or she may request the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor for the cancellation of the urban regeneration revitalization plan. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor shall decide whether or not to cancel the relevant urban regeneration revitalization plan, after having consultation with the head of the relevant central administrative agency and undergoing deliberation by the relevant local committee. |
| (3) | Where matters subject to support of the State are included in an urban regeneration revitalization plan, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or a Do Governor shall obtain an agreement of the Minister of Land, Infrastructure and Transport before canceling the urban regeneration revitalization plan pursuant to paragraph (1) or (2). In such cases, the Minister of Land, Infrastructure and Transport shall decide whether to agree to the cancellation of the relevant urban regeneration revitalization plan after consulting with the head of the relevant central administrative agency and undergoing deliberation by the Special Committee. |
| (4) | Where no urban regeneration project begins within three years from the date the relevant urban regeneration revitalization plan was publicly notified, such urban regeneration revitalization plan shall be deemed canceled. |
| (5) | Where an urban regeneration revitalization plan is deemed canceled pursuant to paragraph (4), the use area of the relevant urban regeneration revitalization area shall be deemed reclaimed to the use area before the determination and public notice of the urban regeneration revitalization plan or it shall be deemed disused. |
| (6) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or a Do Governor cancels an urban regeneration revitalization plan pursuant to paragraph (1) or (2), or where an urban regeneration revitalization plan is deemed canceled pursuant to paragraph (4), he or she shall give public notice of such fact in the public gazette of the relevant local government, without delay. |
| Article 23 (Restriction on Acts) |
Where a person intends to engage in construction of a building, installation of a structure, alteration of land shape and quality, collection of soil and stone, allotment of land, act of piling up stuff, or other acts unsuitable for an urban regeneration revitalization plan prescribed by Presidential Decree in an area under Article 19 (3) 7, from the date of public notice under Article 20, he or she shall obtain permission from the developer of a strategic plan or the head of a Gu, etc. The same shall apply to any modification of permitted matters.
| Article 24 (Evaluation of Urban Regeneration Revitalization Plans) |
| (1) | The Minister of Land, Infrastructure and Transport shall evaluate the promotion record, etc. of an urban regeneration revitalization plan and disclose evaluation results. <Amended by Act No. 16562, Aug. 27, 2019> |
| (2) | Matters necessary for the standards, period, and procedures for, and methods of, conducting evaluations, as well as the scope, methods, etc. of disclosing evaluation results under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 16562, Aug. 27, 2019> |
CHAPTER IV IMPLEMENTATION OF URBAN REGENERATION PROJECTS
| Article 25 (Implementation of Urban Regeneration Projects) |
| (1) | Except as otherwise provided in this Act, an urban regeneration project shall be implemented pursuant to the relevant statutes or regulations which prescribe matters regarding the implementation of the relevant project. |
| (2) | Where an urban regeneration revitalization plan includes a project referred to in the items of Article 2 (1) 7 which has been implemented in an urban regeneration revitalization area or the implementation of which was finalized before the urban regeneration revitalization plan is publicly notified, the relevant project shall be deemed an urban regeneration project under this Act. <Amended by Act No. 16562, Aug. 27, 2019> |
| Article 26 (Implementers of Urban Regeneration Projects) |
| (1) | In cases of an urban regeneration project for which the implementer is not otherwise expressly provided in other statutes, a developer of a strategic plan or the head of a Gu, etc. may designate the implementer of the project, from among the following persons: |
| 2. | Public institutions prescribed by Presidential Decree; |
| 4. | Land owners in an urban regeneration revitalization area; |
| (2) | Where an urban regeneration revitalization plan includes a project referred to in the items of Article 2 (1) 7, which has been implemented in an urban regeneration revitalization area or the implementation of which was finalized before the urban regeneration revitalization plan is publicly notified, the implementer of the relevant project shall be deemed the implementer of the urban regeneration project. <Amended by Act No. 16562, Aug. 27, 2019> |
| Article 26-2 (Projects Recognized as Urban Regeneration Projects) |
| (1) | A developer of a strategic plan may recognize any of the following projects implemented in an area for which a strategic plan for urban regeneration is formulated, and infrastructure of which is below the national minimum standard for basic living infrastructure under Article 4 (3) 6 or an area which meets at least two of the requirements specified in the subparagraphs of Article 13 (4), as an urban regeneration project, subject to deliberation by the relevant local committee, if such project complies with the strategic plan for urban regeneration and where it is deemed necessary to implement such project by linking it with an urban regeneration revitalization area: |
| 2. | A public housing project prescribed in the Special Act on Public Housing; and in such cases, a project defined in subparagraph 3 (a) of Article 2 of that Act shall be recognized as an urban regeneration project only when the relevant area has been designated as a housing zone within a residential area pursuant to Article 7 (1) of that Act; |
| 3. | A project to supply publicly-funded private rental housing prescribed in the Special Act on Private Rental Housing; and in such cases, the project shall be recognized as an urban regeneration project only when the relevant area has been designated as a promotion district pursuant to Article 33 (1) of that Act; |
| 4. | A project to establish and rearrange infrastructure for urban regeneration; |
| 5. | Construction, remodeling, and substantial repair of buildings necessary to improve the functions of a city and to create an employment base; |
| 6. | A project prescribed by Presidential Decree to enhance the effects of a strategic plan for urban regeneration. |
| (2) | Where matters subject to support of the State are included in an urban regeneration project a developer of a strategic plan intends to recognize pursuant to paragraph (1), he or she shall receive, in advance, a decision from the Minister of Land, Infrastructure and Transport on the matters subject to support of the State. In such cases, the Minister of Land, Infrastructure and Transport shall undergo deliberation by the Special Committee after consultation with the heads of relevant central administrative agencies. |
| (3) | The procedures and standards for recognizing urban regeneration projects under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 26-3 (General Urban Regeneration Project Managers) |
| (1) | To implement an urban regeneration project systematically and efficiently, a developer of a strategic plan or the head of a Gu, etc. shall designate any of the following persons as a general urban regeneration project manager (hereinafter referred to as “project manager”): |
| 3. | A corporation incorporated to implement urban regeneration projects, in which a local government or a person specified in subparagraph 1 or 2 has made an investment (including joint investments) in excess of 50/100 of the total equity. |
| (2) | A developer of a strategic plan or the head of a Gu, etc. may have a project manager designated pursuant to paragraph (1) perform all or some of the following duties on his or her behalf, or may entrust such duties to the project manager: |
| 1. | Duties relating to examining the formulation, change, etc. of strategic plans for urban regeneration or urban regeneration revitalization plans; |
| 2. | General management of feasibility analysis for urban regeneration projects, as well as of the design and process of such projects; |
| 3. | Implementation, operation, and management of urban regeneration projects; |
| 4. | Other duties prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
CHAPTER V SUPPORT FOR URBAN REGENERATION REVITALIZATION
| Article 27 (Assistance or Financing) |
| (1) | For an urban regeneration revitalization, the State or local governments may assist or finance all or some of the following expenses incurred by the person who conducts the relevant project or business affairs as prescribed by Presidential Decree: <Amended by Act No. 13793, Jan. 19, 2016; Act No. 15317, Dec. 26, 2017> |
| 1. | Expenses for establishing a strategic plan for urban regeneration and an urban regeneration revitalization plan; |
| 2. | Expenses for investigation and research for the development of an urban regeneration system; |
| 3. | Expenses for the improvement, repair, and rearrangement of buildings; |
| 4. | Expenses for dispatching experts, consultation, and technical support; |
| 5. | Expenses necessary for the establishment, rearrangement, operation, etc. of infrastructure for urban regeneration; |
| 6. | Expenses for operating the urban regeneration support organization and the urban regeneration support center; |
| 7. | Expenses necessary for the conservation of cultural heritage, etc.; |
| 8. | Expenses for the advance planning and operation of local revitalization projects of community companies, social enterprises under subparagraph 1 of Article 2 of the Social Enterprise Promotion Act, and social cooperatives under subparagraph 3 of Article 2 of the Framework Act on Cooperative; |
| 9. | Expenses necessary for urban regeneration projects; |
| 10. | Expenses necessary for acquiring land, objects, and rights for an urban regeneration revitalization project; |
| 11. | Other matters prescribed by Presidential Decree. |
| (2) | The State may vary the scale, ratio, etc. of the assistance or financing in consideration of the financial status of local governments and results of evaluation, etc. of urban regeneration revitalization plans under Article 24, as prescribed by Presidential Decree. |
| Article 27-2 (Coexistence Agreements) |
| (1) | 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, may enter into a coexistence agreement. |
| (2) | The Minister of Land, Infrastructure and Transport may prescribe and publicly notify standard matters concerning a coexistence agreement under paragraph (1), and recommend that persons comply with such matters. |
| (3) | A coexistence agreement under paragraph (1) may include matters which should be mandatorily implemented by each of the parties who have entered into the coexistence agreement (hereinafter referred to as "parties to agreement"), matters concerning the stabilization of rent and the rate of increase in rent, matters concerning the adjustment of the rental period, matters concerning measures to give favorable treatment at the time the parties to agreement implement the coexistence agreement, restrictions to be imposed if the parties to agreement violate the coexistence agreement, and other relevant matters; and the parties to agreement shall endeavor to implement the coexistence agreement. |
[This Article Newly Inserted by Act No. 15317, Dec. 26, 2017]
| Article 28 (Establishment and Operation of Urban Regeneration Special Accounts) |
| (1) | A developer of a strategic plan may establish and operate an urban regeneration special account for the urban regeneration revitalization and the promotion and support of urban regeneration projects: Provided, That, if necessary, a Do Governor may establish and operate an urban regeneration special account as prescribed by Presidential Decree. |
| (2) | The revenue in an urban regeneration special account shall be as follows: |
| 5. | Transferred money from the general account; |
| 8. | Financing recovery, interest income, and other income from the relevant urban regeneration special account funds. |
| (3) | The expenditure in an urban regeneration special account shall be as follows: |
| 1. | The expenses for the investigation and research for urban regeneration projects; |
| 2. | The expenses for establishing a strategic plan for urban regeneration and an urban regeneration revitalization plan; |
| 3. | The expenses necessary for urban regeneration projects; |
| 4. | The expenses for the construction and management of rental houses in an urban regeneration revitalization area; |
| 5. | The expenses for utilizing experts and expenses for technology; |
| 6. | The expenses for the creation, operation, and management of the urban regeneration special account; |
| 7. | The expenses for the creation and operation of the urban regeneration support center; |
| 8. | The expenses for the advance planning and operation of community companies, etc.; |
| 9. | The expenses for the repair and rearrangement of public buildings; |
| 10. | The expenses for purchasing or utilizing deserted houses or vacant houses in an urban regeneration revitalization area; |
| 11. | The expenses for the assistance or financing under Article 27; |
| 12. | Other necessary matters prescribed by ordinance of the relevant local government. |
| (4) | A developer of a strategic plan or a Do Governor shall endeavor to make sure that the support by an urban regeneration special account is concentrated in an urban regeneration revitalization area. |
| (5) | The Minister of Land, Infrastructure and Transport may, if necessary, have the head of local governments report on the status of operating an urban regeneration special account to him or her. |
| (6) | Matters necessary for the establishment, operation, and management of an urban regeneration special account shall be prescribed by ordinance of the relevant local government. |
| Article 29 (Establishment of Comprehensive Information System for Urban Regeneration) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish a comprehensive information system for urban regeneration which develops, verifies, and manages the relevant information and statistics for urban regeneration revitalization. |
| (2) | For a smooth operation of the comprehensive information system for urban regeneration under paragraph (1), the head of the relevant central administrative agency shall cooperate actively, for example, by preparing and providing the information and statistics in each field of department. |
| (3) | Where the Minister of Land, Infrastructure and Transport establishes, manages, or operates the comprehensive information system for urban regeneration, he or she shall consider the linkage with the relevant information system. |
| (4) | In order to establish the comprehensive information system for urban regeneration, the Minister of Land, Infrastructure and Transport may request the head of the relevant central administrative agency, local governments, or public institutions for submission of the relevant information or data. In such cases, upon receiving the request for submission of data, the head of the relevant agency shall comply with the request, unless there is good cause for refusal, such as maintaining confidentiality for national defense or national security. |
| (5) | The Minister of Land, Infrastructure and Transport may entrust the urban regeneration support organization with the duties relevant to the establishment, operation, and management of the comprehensive information system for urban regeneration. |
| (6) | Matters necessary for the establishment, operation, and management of the comprehensive information system for urban regeneration shall be prescribed by Presidential Decree. |
| Article 30 (Disposal of State Property and Public Property) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or a Do Governor who intends to finalize or approve an urban regeneration revitalization plan pursuant to Article 20 shall consult with the relevant management office in advance where the urban regeneration revitalization plan includes contents relevant to the disposal of State property or public property. In such cases, with regard to the property, the management office for which is unclear, the Minister of Land, Infrastructure and Transport shall be deemed the management office for the road, river, ditch, etc., and the Minister of Economy and Finance shall be deemed the management office for the rest of the property. |
| (2) | Upon consultation under paragraph (1), the relevant management office shall present its opinion within 20 days. |
| (3) | No State property or public property in an urban regeneration revitalization area shall be sold or transferred for a purpose other than to implement the urban regeneration projects. |
| (4) | Where an implementer of urban regeneration projects intends to use State property or public property for the purpose of unavoidable use for urban regeneration, which is prescribed by Presidential Decree, permission to use such property may be granted to the implementer of urban regeneration projects through negotiations or such property may be sold, rented, or transferred to him or her under a negotiated contract, notwithstanding the comprehensive plan for State property or public property management plan, permission to use public property, or methods of contracts therefor prescribed in the State Property Act or the Public Property and Commodity Management Act. In such cases, the State and a local government may set the period for permission to use or rent at up to 20 years and may grant a reduction of or exemption from fees or rents, as prescribed by Presidential Decree. <Amended by Act No. 16562, Aug. 27, 2019> |
| (5) | State property referred to in paragraph (4) shall be limited to State property that has undergone consultation with the Minister of Economy and Finance. <Amended by Act No. 16562, Aug. 27, 2019> |
| (6) | An assessment of any State property or public property preferentially sold to implement an urban regeneration project pursuant to paragraph (4) shall be conducted based on the date an urban regeneration revitalization plan has been publicly notified or the date a developer of a strategic plan has recognized the projects specified in the subparagraphs of Article 26-2 (1) as urban regeneration projects. <Newly Inserted by Act No. 16562, Aug. 27, 2019> |
| (7) | Where the State or a local government permits an implementer of urban regeneration projects specified in Article 26 (1) 1 through 3 to use, profit from, or rent State property or public property pursuant to paragraph (4), it may permit the implementer of urban regeneration projects to construct a permanent facility on the relevant land, notwithstanding Article 18 of the State Property Act or Article 13 of the Public Property and Commodity Management Act. In such cases, the State or the local government may attach the condition that the facility be returned to the State or the local government through donation or reinstatement when the period for use, profit-making, or rent expires, in consideration of the type, etc. of the facility. <Newly Inserted by Act No. 16562, Aug. 27, 2019> |
| (8) | The ownership of the permanent facility referred to in paragraph (7) shall be vested in the implementer of urban regeneration projects until such State property or public property is returned, unless any separate agreement is reached between the State, the relevant local government, or other relevant institution and the implementer of urban regeneration projects. <Newly Inserted by Act No. 16562, Aug. 27, 2019> |
| Article 30-2 (Reduction of or Exemption from Fees for Using Joint Use Facilities) |
| (2) | Criteria for public interest, persons eligible for exemption from a use fee under paragraph (1), and other necessary matters shall be prescribed by ordinance of the relevant local government. |
[This Article Newly Inserted by Act No. 15317, Dec. 26, 2017]
| Article 31 (Reduction of or Exemption from Tax and Charges) |
| (2) | Where it is necessary for the urban regeneration revitalization, the State and local governments may reduce or waive the development charges, farmland preservation charges, costs incurred in creating substitute grassland, expenses incurred in creating forest replacement resources, charges for causing traffic congestion, the cooperation charge for the ecosystem conservation, occupancy or use fees of public waters, environmental improvement charges, infrastructure-building fees, and intercity transport charges, for the implementer of an urban regeneration project as prescribed by the Restitution of Development Gains Act, the Farmland Act, the Grassland Act, the Mountainous Districts Management Act, the Urban Traffic Improvement Promotion Act, the Natural Environment Conservation Act, the Public Waters Management and Reclamation Act, the Environmental Improvement Cost Liability Act, the National Land Planning and Utilization Act, and the Special Act on the Management of Intercity Transport in Metropolitan Areas. |
| (3) | For any of the following buildings constructed in accordance with an urban regeneration revitalization plan, a local tax, such as the acquisition tax and registration license tax may be reduced or waived as prescribed by the Restriction of Special Local Taxation Act and ordinance of the relevant local government: Provided, That where the head of the relevant Si/Gun or the head of a Gu, etc. intends to reduce or waive a local tax, such as the acquisition tax and registration license tax, he or she shall obtain approval from, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor as prescribed by Presidential Decree: |
| 4. | Other facilities deemed necessary for urban regeneration by a developer of a strategic plan. |
| Article 32 (Special Cases concerning Easing of Construction Restrictions) |
| (1) | A developer of a strategic plan or the head of a Gu, etc. may, if necessary, establish an urban regeneration revitalization plan which includes the following contents, notwithstanding the National Land Planning and Utilization Act or the ordinance prescribed by delegation of that Act: |
| (2) | A developer of a strategic plan or the head of a Gu, etc. may, if necessary, establish an urban regeneration revitalization plan which includes the contents regarding easing of standards for establishing parking lots under the Housing Act and the Parking Lot Act. |
| (3) | Notwithstanding the maximum heights of building in each block prescribed by the ordinance under Article 60 (2) of the Building Act or the limitation of height under paragraph (3) of that Article, a developer of a strategic plan or the head of a Gu, etc. may, if necessary, establish an urban regeneration revitalization plan, which includes the contents regarding easing of such limitations. |
| (4) | Necessary matters regarding the specific scope of application, etc. of paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
CHAPTER VI URBAN REGENERATION LEADING AREAS
| Article 33 (Designation of Urban Regeneration Leading Areas) |
| (1) | The Minister of Land, Infrastructure and Transport may designate an area which urgently requires urban regeneration or which has a great ripple effect on urban regeneration projects as an urban regeneration leading area on his or her own initiative or at the request of a developer of a strategic plan. |
| (2) | Before requesting designation of an urban regeneration leading area under paragraph (1), a developer of a strategic plan shall gather the opinions of residents and relevant experts, etc. and listen to the opinions of the relevant local council, as prescribed by Presidential Decree. |
| (3) | The Minister of Land, Infrastructure and Transport may request a developer of a strategic plan to submit the data necessary for the designation of and support for an urban regeneration leading area. |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to designate an urban regeneration leading area or change the designation thereof pursuant to paragraph (1), he or she shall gather the opinions of the relevant central administrative agency and undergo deliberation by the Special Committee: Provided, That this shall not apply to any modification of minor matters. |
| (5) | Where the Minister of Land, Infrastructure and Transport designates an urban regeneration leading area or change the designation thereof, he or she shall give public notice of the contents thereof in the Official Gazette and allow the general public to inspect the relevant documents. |
| (6) | Other matters necessary for the standards, procedures, etc. for designating urban regeneration leading areas shall be prescribed by Presidential Decree. |
| Article 34 (Special Measures for Urban Regeneration Leading Areas) |
| (1) | A developer of a strategic plan may formulate an urban regeneration revitalization plan with respect to an urban regeneration leading area designated pursuant to Article 33, regardless of whether a strategic plan for urban regeneration has been formulated: Provided, That in cases of a local government for which a strategic plan for urban regeneration has been formulated, the strategic plan for urban regeneration shall be deemed changed. |
| (2) | Notwithstanding Article 20, where a developer of a strategic plan intends to establish or change an urban regeneration revitalization plan in an urban regeneration leading area, he or she shall submit a request to the Minister of Land, Infrastructure and Transport for approval after undergoing deliberation by the relevant local committee. <Amended by Act No. 15317, Dec. 26, 2017; Act No. 16562, Aug. 27, 2019> |
| (3) | Upon receipt of a request for approval of an urban regeneration revitalization plan under paragraph (2), the Minister of Land, Infrastructure and Transport shall approve it after undergoing deliberation by the Special Council. |
| (4) | Where a developer of a strategic plan changes any minor matters referred to in Article 20 (5), he or she need not undergo deliberation by the relevant local committee or the Special Committee, notwithstanding paragraphs (2) and (3). <Newly Inserted by Act No. 16562, Aug. 27, 2019> |
| (5) | The Minister of Land, Infrastructure and Transport and a developer of a strategic plan may give priority to supporting the budget and manpower, etc. for an urban regeneration leading area designated pursuant to paragraph (1). <Amended by Act No. 16562, Aug. 27, 2019> |
| (6) | Notwithstanding the provisions under other statutes, the State may bear all or some of the expenses incurred in establishing facilities prescribed by Presidential Decree, among infrastructure for urban regeneration under subparagraph 10 of Article 2 in an urban regeneration leading area. <Amended by Act No. 16562, Aug. 27, 2019> |
CHAPTER VII SPECIAL REGENERATION AREAS
| Article 35 (Designation of Special Regeneration Areas) |
| (1) | The Minister of Land, Infrastructure and Transport may designate an area in which large scale damage caused by a disaster, the amount of which is more than that prescribed and publicly notified by the Minister of Land, Infrastructure and Transport has occurred from among the areas proclaimed to be special disaster areas under the Framework Act on the Management of Disasters and Safety, which fully meets the following requirements, as a special regeneration area at the request of a developer of a strategic plan. In such cases, notwithstanding Article 13 (4), a special regeneration area shall be deemed designated as an urban regeneration revitalization area: |
| 1. | An area where it is necessary to improve and supply housing for residential stability because housing has been wholly or partially destroyed; |
| 2. | An area where infrastructure has been destroyed wholly or partially because a disaster occurred and it is necessary to improve infrastructure for the prevention of and response to additional damage caused by the disaster; |
| 3. | An area where psychological stability of residents of a damaged area and the revitalization of the community are needed. |
| (2) | Article 33 (2) through (5) shall apply mutatis mutandis to other matters necessary to designate an area as a special regeneration area or to change the designation thereof. In such cases, "urban regeneration leading area" shall be deemed "special regeneration area". |
[This Article Newly Inserted by Act No. 15601, Apr. 17, 2018]
| Article 36 (Formulation of Special Regeneration Plans) |
| (1) | A developer of a strategic plan may formulate an urban regeneration revitalization plan (hereinafter referred to as "special regeneration plan"), regardless of whether a strategic plan for urban regeneration with respect to a special regeneration area designated pursuant to Article 35 has been formulated. In such cases, in a local government for which a strategic plan for urban regeneration has been formulated, the strategic plan for urban regeneration shall be deemed changed in accordance with the special regeneration plan. |
| (2) | Where a developer of a strategic plan intends to formulate or change a special regeneration plan in a special regeneration area, notwithstanding Article 20, he or she shall submit the special regeneration plan for deliberation by the relevant local committee after consulting with the heads of related administrative agencies and obtain approval from the Minister of Land, Infrastructure and Transport: Provided, That the foregoing shall not apply where he or she intends to formulate or modify minor matters under Article 20 (5). <Amended by Act No. 16562, Aug. 27, 2019> |
| (3) | A special regeneration plan shall include matters referred to in the subparagraphs of Article 19 (3) and matters referred to in subparagraphs 1 through 3 among the following, and where a developer of a strategic plan deems it necessary, the special regeneration plan may include matters referred to in subparagraphs 4 through 7 among the following: |
| 1. | A plan concerning the improvement and supply of housing in a damaged area (including a plan to supply public rental housing under the Special Act on Public Housing); |
| 2. | A plan concerning the improvement, supply, etc. of infrastructure for urban regeneration, such as disaster prevention facilities, to prevent and minimize damage caused by disasters; |
| 3. | A plan to revitalize the community concerning measures for psychological stability of residents of a damaged area and the safety, welfare, etc. of such residents; |
| 4. | A plan to implement the comprehensive use of land and investment promotion for the development of a regional base; |
| 5. | A plan to revitalize the regional economy, such as the promotion of regional specialized industries; |
| 6. | A plan to implement the promotion of a tourism base by utilizing regional natural landscape, cultural facilities, and facilities related to disasters; |
| 7. | Other matters necessary for urban regeneration projects. |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to approve a special regeneration plan, he or she shall submit the special regeneration plan for deliberation by the Special Committee after consulting with the heads of related central administrative agencies. |
| (5) | Where the Minister of Land, Infrastructure and Transport approves a special regeneration plan, he or she shall send related documents to the heads of related central administrative agencies and the developer of the relevant strategic plan, and such developer, who receives related documents, shall give public notice of the special regeneration plan in the public gazette of the relevant local government, and allow the general public to inspect the special regeneration plan for at least 30 days. |
[This Article Newly Inserted by Act No. 15601, Apr. 17, 2018]
| Article 37 (Effect of Special Regeneration Plans) |
| (1) | A special regeneration plan shall take effect on the date it is publicly notified pursuant to Article 36 (5). |
| (2) | Where a special regeneration plan is publicly notified pursuant to Article 36 (5), an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act (only applicable to subparagraph 4 (a) and (c) of Article 2 of that Act) shall be deemed determined or changed, and the implementer of an urban or Gun planning facility project under Article 86 of that Act shall be deemed designated, and public notice or public announcement of the determination, change, and designation thereof shall be deemed given or made. |
| (3) | Where no urban regeneration project is commenced until the date three years elapse from the date a special regeneration plan was publicly notified under Article 36 (5), the relevant special regeneration plan shall lose its effect on the day immediately following the date three years elapse. |
| (4) | Where a special regeneration plan loses its effect pursuant to paragraph (3), a special-purpose area in the relevant special regeneration area shall be deemed returned to a special-purpose area before the special regeneration plan is determined and publicly notified. |
| (5) | Where a special regeneration plan loses its effect pursuant to paragraph (3), a developer of a strategic plan shall, without delay, give public notice of the details of the special regeneration plan which loses effect, the date it loses effect, and reasons for losing effect in the public gazette of the relevant local government. |
| (6) | Article 22 shall not apply to a special regeneration plan. |
[This Article Newly Inserted by Act No. 15601, Apr. 17, 2018]
| Article 38 (Special Cases concerning Designation of Areas under Minimal Siting Restrictions) |
[This Article Newly Inserted by Act No. 15601, Apr. 17, 2018]
| Article 39 (Special Cases concerning Designation of Leading Investment Districts) |
[This Article Newly Inserted by Act No. 15601, Apr. 17, 2018]
| Article 40 (Special Measures in Special Regeneration Areas) |
The Minister of Land, Infrastructure and Transport and a developer of a strategic plan may give priority to providing funds, human resources, etc. for a special regeneration area designated pursuant to Article 35. [This Article Newly Inserted by Act No. 15601, Apr. 17, 2018]
CHAPTER VIII DESIGNATION OF INNOVATION DISTRICTS
| Article 41 (Designation of Innovation Districts) |
| (1) | A developer of a strategic plan may designate (including change of designation) an innovation district upon finalizing or obtaining approval of a plan for an urban regeneration project (hereinafter referred to as “innovation district plan”) for all or part of an area that meets at least two of the requirements specified in the subparagraphs of Article 13 (4). |
| (2) | Article 20 shall apply mutatis mutandis to the finalization and approval of an innovation district plan. In such cases, “urban regeneration revitalization plan” shall be construed as “innovation district plan”; and the “head of the relevant central administrative agency” in the latter part of Article 20 (4) shall be construed as the “head of the relevant central administrative agency concerning an innovation district plan including matters subject to support of the State”. |
| (3) | An innovation district plan shall include the following: Provided, That subparagraphs 10 and 11 may not be included therein, as prescribed by Presidential Decree: |
| 1. | The name, location, area, purpose of designation, and implementation period of an innovation district; |
| 2. | The implementer of an innovation district project; |
| 3. | The method of implementing an innovation district project; |
| 4. | Major functions introduced and a land use plan; |
| 5. | A development density plan for the population accommodated, etc.; |
| 6. | A plan for the establishment and rearrangement of infrastructure for urban regeneration; |
| 7. | Measures for residential stability and stabilization of living for the owners and tenants of houses to be demolished (hereinafter referred to as “migrants”); |
| 8. | Matters subject to support of the State and a local government; |
| 9. | A plan for fundraising and budget execution; |
| 11. | Where an innovation district is designated redundantly with the implementation area of an urban development project referred to in the Urban Development Act or any other development project prescribed by Presidential Decree under other statutes (hereinafter referred to as “previous project”), matters prescribed by Presidential Decree concerning the implementation of the previous project, such as the name, location, and area of the previous project; |
| 12. | Other matters prescribed by Presidential Decree. |
| (4) | A person specified in any subparagraph of Article 44 who intends to implement an innovation district regeneration project may request the relevant developer of a strategic plan to designate an innovation district or to change the designation thereof, upon formulating an innovation district plan. |
| (5) | Article 23 shall apply mutatis mutandis to restrictions on acts, etc. performed in an innovation district designated pursuant to paragraph (1). In such cases, “urban regeneration revitalization plan” shall be construed as “innovation district plan”, and “area under Article 19 (3) 7”, as “innovation district”. |
| (6) | Where an innovation district is designated pursuant to paragraph (1) or the designation thereof is requested pursuant to paragraph (4), the size of an innovation district, procedures for requesting the designation, documents to be submitted, and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 42 (Effect of Innovation District Plans) |
| (1) | Where an innovation district plan is publicly notified, the following designation or determination shall be deemed granted or made, and public notice or public announcement thereof shall be deemed given or made; and in such cases, public notice of a topographic drawing shall be governed by Article 8 of the Framework Act on the Regulation of Land Use: |
| 3. | Designation of a national industrial complex, a general industrial complex, and an urban high-tech industrial complex under Articles 6, 7, and 7-2 of the Industrial Sites and Development Act; and in such cases, the designation shall be limited to where an innovation district project implementer is the implementer of an industrial complex development project and where the relevant industrial complex development plan has undergone deliberation by the Committee for Deliberation on Industrial Location Policy. |
| (2) | Where an innovation district plan referred to in paragraph (1) is publicly notified in an area where an urban regeneration revitalization plan is formulated, the urban regeneration revitalization plan shall be deemed changed. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 43 (Loss of Effect of Innovation District Plans) |
| (1) | A developer of a strategic plan may revoke an innovation district plan in any of the following cases: |
| 1. | Where authorization of the relevant action plan under Article 46 is not granted until the third anniversary from the date the innovation district plan is publicly notified; |
| 2. | Where a project implementer requests cancellation of the relevant innovation district; |
| 3. | Where the objectives of designation of the relevant innovation district are deemed unattainable. |
| (2) | Article 22 shall apply mutatis mutandis to the procedures for and effects of ex officio revocation under paragraph (1). In such cases, “urban regeneration revitalization plan” shall be construed as “innovation district plan”. |
| (3) | Where a project implementer requests the deadline referred to in paragraph (1) 1 to be extended due to a natural disaster or any other event beyond control, a developer of a strategic plan may extend the deadline by up to one year. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 44 (Implementers of Innovation District Regeneration Projects) |
Notwithstanding Article 26, the following persons may implement an innovation district regeneration project solely or jointly: | 4. | A corporation in which the Housing and Urban Fund or any person specified in subparagraphs 1 through 3 has made an investment (including joint investments) in excess of 50/100 of the total equity; |
| 5. | An implementer of a previous project, other than those specified subparagraphs 1 through 4; and in such cases, he or she shall implement the previous project jointly with any person specified in subparagraphs 1 through 4. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 45 (Methods of Implementing Innovation District Regeneration Projects) |
An innovation district regeneration project shall be implemented by any of the following methods or by combining the methods:
| 1. | A method by which an implementer of an innovation district regeneration project (hereinafter referred to as “innovation district project implementer”) supplies land, buildings, etc. (hereinafter referred to as “buildings, etc.”) after securing the title prescribed by Presidential Decree for using the entire innovation district, including State and public land, by sale, rent, approval for use thereof, etc.; |
| 2. | A method by which an innovation district project implementer supplies buildings, etc. in an area of any previous project redundantly designated as an innovation district (hereinafter referred to as “redundantly designated project”) pursuant to this Act or statutes related to the previous project. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 46 (Authorization of Action Plans) |
| (1) | An innovation district project implementer shall formulate an action plan and obtain approval therefor from the relevant developer of a strategic plan, within three years from the date the relevant innovation district plan is publicly notified. The same shall also apply to any modification of authorized matters. |
| (2) | Article 20 shall apply mutatis mutandis to authorization of action plans. In such cases, “urban regeneration revitalization plan” shall be construed as “action plan”; “establish” as “authorize”; and the “head of the relevant central administrative agency” in the proviso of Article 20 (4) as the “head of the relevant central administrative agency concerning an action plan including matters subject to support of the State”. |
| (3) | A developer of a strategic plan shall formulate an urban regeneration revitalization plan, including an innovation district, within two years from the date the relevant action plan is authorized, regardless of whether a strategic plan for urban regeneration has been formulated. In such cases, an innovation district project implementer may assist the developer of a strategic plan in formulating the urban regeneration revitalization plan. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 47 (Formulation of Action Plans) |
An innovation district project implementer shall formulate an action plan as prescribed by Presidential Decree, including the following:
| 2. | A plan to establish infrastructure for urban regeneration; |
| 3. | Measures for residential stability and stabilization of living for migrants; |
| 5. | A housing construction plan; |
| 6. | A plan to treat wastes generated in the course of implementing the relevant project; |
| 7. | A plan to use and dispose of buildings, etc. to be constructed; |
| 8. | An implementation plan formulated under the Urban Development Act or any other action or implementation plan of any previous project prescribed by Presidential Decree (limited to where an innovation district has been designated redundantly with the implementation area of a previous project); |
| 9. | The project cost (including matters subject to support of the State and a local government); |
| 10. | Other matters prescribed by Presidential Decree, which are necessary to implement the relevant project. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 48 (Integrated Deliberation) |
| (1) | The Special Committee may conduct deliberations by integrating the following matters, including urban planning, construction, environment, traffic, and disasters, regarding the designation of an innovation district and authorization of the relevant action plan: |
| 1. | Matters concerning construction, etc. of buildings under the Building Act; |
| 2. | Matters concerning urban or Gun management plans prescribed in the National Land Planning and Utilization Act; and in such cases, matters concerning areas under minimal siting restrictions shall be included; |
| 3. | Matters concerning deliberation on landscape under the Landscape Act; |
| 8. | Other matters that a developer of a strategic plan submits to the Special Committee, as integrated deliberation is deemed necessary. |
| (2) | Where an innovation district project implementer files an application for authorization of an action plan, he or she shall attach thereto documents prescribed by Presidential Decree, such as documents related to the subparagraphs of paragraph (1). |
| (3) | The Special Committee may delegate its authority regarding integrated deliberation referred to in paragraph (1) to a working committee. In such cases, the Special Committee may organize a separate working committee for integrated deliberation; the following persons shall serve as members of the working committee; the chairperson of the working committee shall be elected by members of the working committee from among persons specified in subparagraph 2; and the chairperson may appoint, as the vice chairperson, a public official of the Ministry of Land, Infrastructure and Transport from among persons specified in subparagraph 1, if necessary to seamlessly conduct deliberations: |
| 1. | The head of the relevant central administrative agency or the head of the relevant division of a City/Do having jurisdiction over the relevant innovation district or an area, to which the innovation district belongs, who is a member of the Senior Executive Service (referring to a public official of Grade III or higher in cases of a City/Do); and a member of the Senior Executive Service belonging to the Ministry of Land, Infrastructure and Transport who is in charge of affairs related to innovation districts; |
| 2. | An expert in such field as urban planning, construction, traffic, environment, or disasters, who is commissioned by the Chairperson of the Special Committee from among persons with extensive knowledge of and experience in urban regeneration; |
| 3. | A person recommended by the Chairperson of the Central Building Committee established under the Building Act from among members of the Committee; |
| 4. | A person recommended by the chairperson of the City/Do urban planning committee established in a City/Do, to which the relevant innovation district belongs, pursuant to the National Land Planning and Utilization Act, including at least one urban planning expert, one design expert, and one environmental expert, from among members of the City/Do urban planning committee; |
| 6. | A person recommended by the chairperson of a traffic impact assessment deliberation committee established in the Ministry of Land, Infrastructure and Transport pursuant to the Urban Traffic Improvement Promotion Act, from among members of the traffic impact assessment deliberation committee; |
| (4) | Matters the Special Committee has reviewed or deliberated on (including matters concerning a redundantly designated project) shall be deemed reviewed and deliberated on by the following committees or commissions: |
| 8. | Other committees or commissions prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 49 (Authorization and Permission Deemed Granted) |
| (1) | Where an innovation district project implementer has obtained authorization of the relevant action plan or for authorization of amendment thereto, he or she shall be deemed to have obtained, undergone, or filed the following permission, authorization, designation, approval, consultation, report, etc. (hereinafter referred to as “permission, etc.”); and where the action plan is publicly notified, the following public notice or public announcement of permission, etc. shall be deemed given or made under relevant statutes: |
| 8. | Building permission under Article 11 of the Building Act; a building report under Article 14 of that Act; alteration to matters permitted or reported under Article 16 of that Act; building permission of, or a report on, the construction of temporary buildings under Article 20 of that Act; and consultation on construction under Article 29 of that Act; |
| 14. | Amendments to a harbor master plan under Article 7 of the Harbor Act; permission to implement a harbor project under Article 9 (2) of that Act; approval of an implementation plan under Article 10 (2) of that Act; and approval of a harbor redevelopment project implementation plan under Article 60 of that Act; |
| 16. | Occupancy or use permit of public waters under Article 8 of the Public Waters Management and Reclamation Act; approval of an implementation plan for occupancy or use under Article 17 of that Act (excluding predetermined land to be reclaimed that has obtained a reclamation license); a reclamation license for public waters referred to in Article 28 of that Act; public notice under Article 33 of that Act; consultation on and approval for reclamation conducted by the State, etc. under Article 35 of that Act; and approval and the public notice of an implementation plan for reclamation of public waters under Article 38 of that Act; |
| 18. | Permission to implement road works for a person other than road management authorities under Article 36 of the Road Act; permission to occupy and use roads under Article 61 of that Act; and consultation with or approval from the relevant road management authority under Article 107 of that Act; |
| 19. | Consultation with or approval from the river management agency under Article 6 of the River Act; permission to implement river works and authorization of a river works execution plan under Article 30 of that Act; permission for occupation, use, etc. of a river under Article 33 of that Act; and permission to use river water under Article 50 of that Act; |
| 20. | Formulation and approval of a comprehensive plan for maintaining small rivers and formulation of an action plan for maintaining small rivers under Articles 6 and 8 of the Small River Maintenance Act; permission to implement small river works under Article 10 of that Act; and permission for or reporting on occupancy, use, etc. of small rivers under Article 14 of that Act; |
| 21. | Authorization for the installation of a public sewerage system (limited to foul waste treatment plants) under Article 11 of the Sewerage Act; permission for a public sewerage project under Article 16 of that Act; permission to occupy and use a public sewerage system under Article 24 of that Act; and reporting on the installation of a private sewage treatment facility under Article 34 (2) of that Act; |
| 25. | Permission for electricity generation business, electric transmission business, electric distribution business, or electric sales business under Article 7 of the Electric Utility Act; and authorization of or reporting on a plan for works for establishing electric installations for private use under Article 62 of that Act; |
| 31. | Change and cancellation of an agricultural promotion area, etc. under Article 31 of the Farmland Act; permission to divert farmland or consultation on diversion of farmland under Article 34 of that Act; and reporting on diversion of farmland under Article 35 of that Act; |
| 33. | Permission to relocate a grave under Article 27 of the Act on Funeral Services; |
| (2) | Where a developer of a strategic plan grants authorization of an action plan or authorization of amendment thereto, he or she shall pre-consult with the head of the relevant administrative agency if matters specified in any subparagraph of paragraph (1) is included in such action plan; and the head of the relevant administrative agency upon receipt of a request for consultation shall submit his or her opinion within the period prescribed by Presidential Decree. In such cases, where the head of the relevant administrative agency fails to submit his or her opinion within the period, he or she shall be deemed to have no opinion. |
| (3) | Where permission, etc. under other statutes is deemed granted pursuant to paragraph (1), license tax, charges, use fees, etc. imposed under relevant statutes shall be exempted. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 50 (Use and Disposal of Buildings) |
| (1) | An innovation district project implementer shall use or dispose of buildings, etc. as specified in the relevant action plan. |
| (2) | Where an innovation district project implementer uses or disposes of buildings, etc. pursuant to paragraph (1), he or she shall give priority to supplying them to the owners of buildings, etc. located in the relevant innovation district, as prescribed by Presidential Decree, notwithstanding Article 54 of the Housing Act or other relevant statutes and regulations. |
| (3) | Where an innovation district project implementer gives priority to supplying buildings, etc. pursuant to paragraph (2), he or she may determine the supply price thereof below the market price in adjacent areas, as prescribed by Presidential Decree. |
| (4) | Matters necessary for using or disposing of buildings, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 51 (Special Measures to Protect Migrants) |
| (1) | Where an innovation district project implementer owns rental housing in the relevant innovation district or any adjacent area, he or she may allow migrants to use such rental housing during the project implementation period. |
| (2) | An innovation district project implementer shall give priority to applying Article 52 (2) 1 to migrants who meet the standards prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 52 (Reinvestment of Development Gains) |
| (1) | When granting authorization of an action plan, a developer of a strategic plan may entrust an institution prescribed by Presidential Decree to calculate development gains from the relevant innovation district regeneration project. |
| (2) | An innovation district project implementer shall use all or part of the development gains calculated pursuant to paragraph (1) for any of the following purposes, as prescribed by Presidential Decree: |
| 1. | Lowering the selling price or rent regarding the relevant innovation district regeneration project; |
| 2. | Expenses incurred in managing and operating facilities constructed through the relevant innovation district regeneration project; |
| 3. | Expenses incurred in establishing infrastructure for urban regeneration or public facilities. |
| (3) | To reinvest development gains, an innovation district project implementer shall take necessary measures, such as keeping a separate account for development gains. |
| (4) | Development gains obtained by an implementer of a redundantly designated project falling under subparagraph 5 of Article 44 shall not exceed the limit prescribed by Presidential Decree. |
| (5) | The criteria and procedures for calculating development gains under paragraph (1) and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 53 (Inspections of Completion) |
| (1) | Articles 50 through 53, 66, and 67 of the Urban Development Act shall apply to the inspection of completion, public announcement of completion of works, and vesting, management, etc. of public facilities regarding an innovation district regeneration project; and in such cases, “designating authority” shall be construed as “developer of a strategic plan”, and “implementation plan” as “action plan”: Provided, That where an innovation district project implementer falls under subparagraph 2 or 3 of Article 44, the authority of a developer of a strategic plan to conduct an inspection of completion may be entrusted to the innovation district project implementer. |
| (2) | Where an innovation district is designated redundantly with any previous project, the inspection of completion or public announcement of completion of works referred to in paragraph (1) shall be deemed the inspection of completion or public announcement of completion of works under statutes related to the previous project. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 54 (Special Cases concerning Innovation Districts) |
| (1) | Articles 30, 30-2, 31, and 32 shall apply mutatis mutandis to special cases concerning disposal of State property, public property, etc.; a reduction of or exemption from fees for using joint use facilities; a reduction of or exemption from tax and charges; and the easing of construction restrictions, regarding innovation district regeneration projects. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 55 (Redundant Designation with Development Project Zones under Other Statutes) |
| (1) | A developer of a strategic plan may designate an innovation district redundantly with any previous project that meets each of the following requirements: |
| 1. | The previous project shall meet at least two of the requirements specified in Article 13 (4); |
| 3. | The designation of an area, district, zone, region, and complex (hereinafter referred to as “district, etc.”) under statutes and regulations related to the previous project and the designation of a project implementer shall have been completed; |
| 4. | A person specified in subparagraphs 1 through 4 of Article 44 shall be a sole implementer or co-implementer of the previous project. |
| (2) | Where an implementer of a redundantly designated project falls under subparagraph 5 of Article 44, his or her authority shall be limited to the portion of the relevant previous project. |
| (3) | Alteration or cancellation of a district, etc. regarding any redundantly designated project shall be governed by statues and regulations related to the previous project. In such cases, where alteration or cancellation of a district, etc. under the previous project has been publicly notified, the relevant innovation district plan shall be deemed amended. |
| (4) | An implementer of a redundantly designated project shall undergo all the procedures prescribed in statutes and regulations related to the relevant previous project concerning the implementation of the project, prior to obtaining authorization of an action plan under Article 46. |
| (5) | Notwithstanding Article 50, rights and interests relating to any previous project as well as the use and disposal of buildings, etc. shall be governed by statutes and regulations related to the previous project. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 56 (Designation of National Model Districts) |
| (1) | To facilitate urban regeneration and to realize a leading innovation district, the Minister of Land, Infrastructure and Transport may designate any of the following areas, which meets at least two of the requirements specified in Article 13 (4), as a national model district upon request by a developer of a strategic plan, notwithstanding Article 41 (1): |
| 1. | An area for which it is necessary to create a regional base, where such functions as industry, commerce, housing, welfare, and administration are clustered together, under an urban or Gun master plan formulated pursuant to the National Land Planning and Utilization Act; |
| 4. | Other areas meeting the requirements prescribed by Presidential Decree, where it is possible to facilitate urban regeneration by creating a regional base. |
| (2) | To request the designation of a national model district pursuant to paragraph (1), a developer of a strategic plan shall formulate an innovation district plan for the relevant national model district (hereinafter referred to as “national model district plan”). |
| (3) | The Minister of Land, Infrastructure and Transport may designate a national model district by approving a national model district plan formulated under paragraph (2). In such cases, Article 33 (2) through (4) shall apply mutatis mutandis to approval of the national model district plan; and in such cases, “urban regeneration leading area” shall be construed as “national model district plan” and “designation” as “approval”. |
| (4) | Articles 41 (3) through (6), 42, and 43 shall apply mutatis mutandis to approval, effect, etc. of a national model district plan; and Articles 44 through 55 shall apply mutatis mutandis to matters necessary for implementing projects, etc. in a national model district. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 57 (Inspection and Custody of Relevant Documents) |
| (1) | Where necessary to implement an urban regeneration project, an implementer of urban regeneration projects (including an innovation district project implementer; hereinafter the same shall apply) may request the head of a registry office or the head of any other relevant administrative agency to inspect or copy any necessary document or to issue a certified copy or extract of such document without charge. |
| (2) | An implementer of urban regeneration projects shall disclose the following matters by publishing them in the Official Gazette, public gazette, daily newspapers, or on the Internet to ensure that land owners and any other interested persons are aware of such matters: |
| 1. | Matters that an implementer of urban regeneration projects must disclose to the general public for inspection, publicly announce, or notify; |
| 2. | Details of urban regeneration projects designated and relevant plans formulated and authorized; |
| 3. | Other matters prescribed by Presidential Decree concerning the implementation of urban regeneration projects. |
| (3) | An implementer of urban regeneration projects shall keep documents, drawings, etc. related to the subparagraphs of paragraph (2) at the principal office located in an area where an urban regeneration project is implemented; and where a holder of a right requests inspection or copies regarding buildings, etc. in the area where the urban regeneration project is implemented, the implementer of urban regeneration projects shall allow him or her to inspect or copy them, except for personal information. In such cases, expenses incurred in copying them may be borne by the relevant applicant within the scope of actual expenses. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 58 (Succession to Rights and Duties) |
Where an implementer of urban regeneration projects or a person who has rights to buildings, etc. in an area where an urban regeneration project is implemented (hereinafter referred to as “interested person, etc.”) has been replaced, disposals, procedures, and other acts conducted or taken by or against the previous interested person, etc. shall be deemed conducted or taken by or against a person who has newly become an interested person, etc.
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 59 (Reporting and Inspection) |
| (1) | If deemed necessary for implementing an urban regeneration project, a developer of a strategic plan may require the relevant implementer of the urban regeneration project (excluding where the developer of a strategic plan is the implementer) to make a necessary report or submit data, and may have a public official under his or her jurisdiction inspect business relating to the urban regeneration project and matters concerning accounting. |
| (2) | A public official who inspects business or accounting pursuant to paragraph (1) shall carry an identification indicating his or her authority and present it to the relevant person. |
| (3) | Matters concerning the identification referred to in paragraph (2) shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
| Article 60 (Delegation of Authority) |
| (1) | Part of the authority of the Minister of Land, Infrastructure and Transport bestowed by this Act, may be delegated to a Mayor/Do Governor or the head of an institution under his or her jurisdiction, as prescribed by Presidential Decree; and the Mayor/Do Governor may re-delegate part of the authority delegated upon approval from the Minister of Land, Infrastructure and Transport, to the head of a Si/Gun/Gu. |
| (2) | Part of the authority of a Mayor/Do Governor bestowed by this Act, may be delegated to the head of a Si/Gun/Gu, as prescribed by ordinance of the relevant City/Do. |
[This Article Newly Inserted by Act No. 16562, Aug. 27, 2019]
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12215, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· Article 6 (1) and (2), (5) through (8), and (12) of the Addenda shall enter into force on January 1, 2015. Articles 2 through 7 Omitted.
ADDENDA <Act No. 12989, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 13793, Jan. 19, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15317, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 3 shall enter into force on the date of the promulgation. Article 2 (Applicability to Formulation or Modification of Strategic Plans for Urban Regeneration)
The amended provisions of Article 13 (1) shall begin to apply to the first strategic plan for urban regeneration formulated or modified after this Act enters into force. Article 3 (Applicability to Effect of Urban Regeneration Revitalization Plans)
The amended provisions of Article 21 (3), (5), and (6) shall begin to apply to the first public notice of an urban regeneration revitalization plan issued after this Act enters into force. Article 4 (Applicability to Modification of Urban Regeneration Revitalization Plans)
The amended provisions of Article 34 (2) shall begin to apply to the first modification of an urban regeneration revitalization plan made after this Act enters into force.
ADDENDA <Act No. 15489, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 15601, Apr. 17, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16562, Aug. 27, 2019>
This Act shall enter into force three months after the date of its promulgation.