ENFORCEMENT DECREE OF THE LANDSCAPING PROMOTION ACT
Presidential Decree No. 26868, Jan. 6, 2016
Amended by Presidential Decree No. 29198, Sep. 28, 2018
The Purpose of this Decree is to prescribe matters delegated by the Landscaping Promotion Act and those necessary for the enforcement thereof.
Article 2 (Contracting Authorities) |
2. | An institution funded by the State or a local government; |
4. | A project implementer of the facilities to be managed by the State, a local government, or a public corporation, etc., in accordance with the relevant Acts and subordinate statutes. |
Article 3 (Formulation and Implementation of Basic Plans) |
(1) | Where the Minister of Land, Infrastructure and Transport intends to formulate or modify a basic plan for promoting landscaping under Article 5 (1) of the Act (hereinafter referred to as “basic plan”), he/she shall consult in advance with the heads of the relevant central administrative agencies. |
(2) | The Minister of Land, Infrastructure and Transport shall publish the details of a formulated or modified basic plan in the official gazette, and notify such details to the heads of the relevant central administrative agencies. |
Article 4 (Formulation and Implementation of Annual Implementation Plans) |
(1) | Annual implementation plans prescribed in Article 5 (5) of the Act (hereinafter referred to as “implementation plan”) shall contain the following matters: |
1. | Matters concerning the outcomes of the previous implementation plan; |
2. | Matters concerning the direction of landscaping promotion for the relevant year; |
3. | Matters concerning performance plans and investment plans by major project; |
4. | Other matters necessary for promoting landscaping. |
(2) | The Minister of Land, Infrastructure and Transport may, if necessary for formulating and executing an implementation plan, request the heads of the relevant central administrative agencies to provide cooperation. |
(3) | Article 3 shall apply mutatis mutandis to the formulation and modification of implementation plans. |
Article 5 (Designation, etc. of Institutions for Fostering Professional Human Resources) |
(1) | Requirements for designating an institution for fostering the professional human resources prescribed in Article 6 (2) of the Act (hereinafter referred to as “institution for fostering the professional human resources”) shall be as specified in attached 1. |
5. | Other landscaping-related educational institutions or organizations. |
(3) | A person who intends to be designated as an institution for fostering the professional human resources pursuant to Article 6 (2) of the Act shall file an application with the Minister of Land, Infrastructure and Transport, attaching the following documents: |
1. | A document verifying that the requirements for designation prescribed in attached Table 1 are met; |
2. | Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(4) | Where the Minister of Land, Infrastructure and Transport designates an institution for fostering the professional human resources, he/she shall issue a certificate of designation to the applicant. |
(5) | Where the Minister of Land, Infrastructure and Transport designates, or cancels the designation of, an institution for fostering the professional human resources pursuant to Article 6 (2) and (5) of the Act, he/she shall publish the fact in the official gazette and display it on the Internet homepage of the Ministry of Land, Infrastructure and Transport. |
Article 6 (Designation, etc. of Facilities Promoting Landscaping) |
(1) | Requirements for designating a facility promoting landscaping under Article 7 (1) of the Act (hereinafter referred to as “promotion facility”) shall be as follows: <Amended by Presidential Decree No. 29198, Sep. 28, 2018> |
1. | At least five landscaping business entities shall be located there; |
3. | The area occupied by the facility used by landscaping business entities and its supporting facility shall be at least 50/100 of the total area of both such facilities; |
4. | A facility for common use necessary for landscaping business, such as a conference room for common use and an equipment room for common use, shall be installed. |
(2) | A person who intends to be designated as a promotion facility pursuant to Article 7 (2) of the Act shall file an application with the Minister of Land, Infrastructure and Transport, attaching the following documents: |
1. | A document verifying that the requirements prescribed in each subparagraph of paragraph (1) are met; |
2. | Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(3) | Where the Minister of Land, Infrastructure and Transport designates a promotion facility, he/she shall issue a certificate of designation to the applicant. |
(4) | Where the Minister of Land, Infrastructure and Transport designates a promotion facility, he/she shall publish the fact in the official gazette and display it on the Internet homepage of the Ministry of Land, Infrastructure and Transport. |
(5) | The Minister of Land, Infrastructure and Transport may give the following support to smoothly create and foster promotion facilities: |
1. | Subsidization of funds necessary for creating and operating promotion facilities; |
2. | Support for the establishment and operation of common supporting facilities necessary for landscaping business, such as a common manufacturing facilities; |
3. | Other support necessary for creating and operating promotion facilities. |
Article 7 (Designation, etc. of Landscaping Promotion Complexes) |
(1) | Requirements for designating a landscaping promotion complex prescribed in Article 8 (1) of the Act (hereinafter referred to as “promotion complex”) shall be as follows: <Amended by Presidential Decree No. 29198, Sep. 28, 2018> |
1. | At least ten landscaping business entities shall be intensively settled there; |
2. | Any of the following entities shall be located in the relevant area: |
(c) | A corporation conducting landscaping-related business affairs, among non-profit corporations prescribed in Article 32 of the Civil Act; |
3. | Infrastructure, such as transportation, water supply and drainages, electricity and telecommunications, shall be equipped. |
(2) | A person who intends to be designated as a promotion complex pursuant to Article 8 (3) of the Act shall file an application with the Minister of Land, Infrastructure and Transport, attaching the following documents: |
1. | A document verifying that the requirements prescribed in each subparagraph of paragraph (1) are met; |
2. | Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(3) | Where the Minister of Land, Infrastructure and Transport designates a promotion complex, he/she shall issue a certificate of designation to the applicant. |
(4) | Where the Minister of Land, Infrastructure and Transport designates a promotion complex, he/she shall publish the fact in the official gazette and display it on the Internet homepage of the Ministry of Land, Infrastructure and Transport. |
(5) | The Minister of Land, Infrastructure and Transport may give the following support to smoothly create and foster promotion complexes: |
1. | Subsidization of funds necessary for creating and operating promotion complexes; |
2. | Support for the establishment and operation of common supporting facilities necessary for landscaping business, such as a common manufacturing facilities; |
3. | Other support necessary for creating and operating promotion complexes. |
Article 8 (Withdrawal of Designation of Promotion Facility and Promotion Complex) |
(1) | Where a promotion facility or promotion complex falls under any subparagraph (excluding subparagraph 1) of Article 9 of the Act, the Minister of Land, Infrastructure and Transport may order it to take corrective measures, specifying a period not exceeding three months, and may withdraw the designation of a promotion facility or a promotion complex, if such correction fails to be made within the specified period. |
(2) | Where the Minister of Land, Infrastructure and Transport withdraws the designation of a promotion facility or a promotion complex pursuant to Article 9 of the Act, he/she shall publish the fact in the official gazette and display it on the Internet homepage of the Ministry of Land, Infrastructure and Transport. |
Article 9 (Support of Overseas Market Expansion and International Exchanges) |
1. | Projects related to international publicity and marketing of landscaping; |
2. | Projects related to international standardization of landscaping; |
3. | Establishment of systems for cooperaton with the relevant institutions and organizations to expand overseas markets; |
4. | Support for financial activities of the landscaping business entities who expand oversea markets, such as export guarantees; |
5. | Other projects deemed by the Minister of Land, Infrastructure and Transport necessary for overseas market expansion and international exchanges. |
(2) | The term “the institutions or organizations prescribed by Presidential Decree” in Article 12 (2) of the Act means the institutions falling under each item of Article 7 (1). |
Article 10 (Entrustment of Business Affairs) |
(1) | The Minister of Land, Infrastructure and Transport may wholly or partially entrust the following business affairs to the institutions falling under each item of Article 7 (1) 2 pursuant to Article 20 of the Act: |
1. | Business affairs for promoting international exchanges and overseas market expansion in the field of landscaping prescribed in Article 12 (1) of the Act; |
3. | Researches and investigations necessary for calculating considerations for landscaping projects prescribed in Article 15 (2) of the Act; |
(2) | The Minister of Land, Infrastructure and Transport shall publish the following matters in the official gazette, when entrusting business affairs pursuant to paragraph (1), |
1. | Name and address of an institution entrusted with business affairs, and the name of the representative thereof; |
2. | Entrusted business affairs and methods for handling entrusted business affairs; |
3. | Other necessary matters. |
(3) | An institution entrusted with business affairs pursuant to paragraph (1) shall report the outcomes of handling entrusted business affairs to the Minister of Land, Infrastructure and Transport by no later than the last day of the month immediately after each half-year ends. |
Article 11 (Administrative Fines) |
Standards for imposing administrative fines prescribed in Article 22 (1) of the Act shall be as specified in attached Table 2.
ADDENDUM
This Decree shall enter into force on January 7, 2016.
ADDENDUM <Presidential Decree No. 29198, Sep. 28, 2018>
This Decree shall enter into force on the date of its promulgation.