ACT ON DEVELOPING AND USING STATION'S SPHERE OF INFLUENCE
Act No. 10266, Apr. 15, 2010
Amended by Act No. 10599, Apr. 14, 2011
Act No. 11475, jun. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13797, Jan. 19, 2016
Act No. 13805, Jan. 19, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15460, Mar. 13, 2018
Act No. 16004, Dec. 18, 2018
The purpose of this Act is to promote the development of each station's sphere of influence and thereby contributing to improving each station's sphere of influence and its adjoining urban environment by prescribing matters necessary for systematic and efficient development of the station's sphere of influence.
The definitions of the terms used in the Act are as follows: <Amended by Act No. 15460, Mar. 13, 2018; Act No. 16004, Dec. 18, 2018>
| 1. | "Station's sphere of influence" means a railroad station and the following adjacent railroad facilities built and operated under the Act on Railroad Construction and Railroad Facilities Management, the Framework Act on Railroad Industry Development, and the Urban Railroad Act (hereinafter referred to as "railroad station and adjacent railroad facilities") and its environs, as designated by the Minister of Land, Infrastructure and Transport as he or she determines necessary: |
| (a) | Buildings and structures for the operation of railroads; |
| (b) | A railroad maintenance base, a vehicle maintenance base, and a vehicle depot for repairing and maintaining railroad vehicles and rails; |
| (c) | Rails of a railroad that must be installed, relocated, or removed in keeping with the development of a railroad station and adjacent railroad facilities and facilities appurtenant to such rails; |
| 2. | "Project for developing a station's sphere of influence" means a project implemented to develop a railroad station and adjacent railroad facilities and a complex for housing, education, health care, welfare, tourism, cultural activities, commerce, sports, etc.; and to install facilities for such functions and activities in the development area of a station's sphere of influence; |
| 3. | "Development area for a station's sphere of influence" means an area designated and publicly notified pursuant to Articles 4 and 9 in order to implement a project for developing a station's sphere of influence. |
| Article 3 (Relationship to Other Statutes) |
Special cases concerning the regulation applicable to projects for developing a station's sphere of influence under this Act shall take precedence over provisions of other statutes: Provided, That if any other statute has provisions more relaxed than the special cases concerning the regulation under this Act, said provisions of the statute shall apply.
| Article 4 (Designation of Development Areas) |
| (1) | If the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor (hereinafter referred to as the "Mayor/Do Governor") determines necessary for a project for developing a station's sphere of influence, he or she may designate a development area for the station's sphere of influence (hereinafter referred to as "development area"): Provided, That the Minister of Land, Infrastructure and Transport may designate a development area in any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16004, Dec. 18, 2018> |
| 1. | Where a railroad station and adjacent railroad facilities (excluding stations built and operated by local governments under the Urban Railroad Act) are newly built, extended, or ameliorated by a scale equal to or greater than the scale specified by Presidential Decree; |
| 2. | Where a development area to be designated is equal to or greater than the scale specified by Presidential Decree; |
| 3. | Where the Minister of Land, Infrastructure and Transport determines necessary for systematic development of a railroad station and adjacent railroad facilities. |
| (2) | In any of the following cases, a development area may be designated: |
| 1. | Where it is necessary to facilitate systematic and planned development for a newly built railroad station; |
| 2. | Where it is necessary to extend and ameliorate a railroad station due to the aging, etc. of facilities of the railroad station; |
| 3. | Where it is necessary to improve a railroad station and its environs concurrently in order to improve the urban environment of the station's sphere of influence where worn-out and substandard buildings are densely concentrated; |
| 4. | Where it is necessary to develop a railroad station in harmony with its environs in order to resolve the separation of the surrounding area by the rail road station; |
| 5. | Where it is necessary to develop a station's sphere of influence comprehensively in order to restore functions of a city; |
| 6. | Other cases specified by Presidential Decree. |
| (3) | Where the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor (hereinafter referred to as "designating authority") intends to designate a development area, he or she shall consult with the heads of related central administrative agencies and the head of the relevant local government first and then refer the case to the Urban Planning Committee under the National Land Planning and Utilization Act (hereinafter referred to as the "Urban Planning Committee") for deliberation. The same shall also apply where it is intended to alter a designated development area (excluding a modification of any minor matter specified by Presidential Decree). <Amended by Act No. 11475, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (4) | The head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) may request the designating authority to designate or alter a development area, as prescribed by Presidential Decree. |
| (5) | The procedure for designating or altering a development area under paragraphs (1) and (3), required documents, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 4-2 (Division and Combination of Development Areas) |
| (1) | If a designating authority determines necessary for efficiently implementing a development project, he or she may divide a development area into two or more project districts or may combine two or more separate areas to designate such areas as a single development area. In such cases, a separate development area may include an area outside a station's sphere of influence. |
| (2) | Any area outside a station's sphere of influence, referred to in the latter part of paragraph (1), shall not exceed 1/3 of the whole area of a development area. |
| (3) | Matters necessary for the requirements, procedures, etc. for designating a development area by dividing or combining areas under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16004, Dec. 18, 2018]
| Article 5 (Proposal for Designation of Development Area) |
| (1) | A person referred to in any subparagraph of Article 12 (1) may propose that a designating authority designate a development area. |
| (2) | The procedures for processing proposals for designating a development area, required documents, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 5-2 (Basic Surveys) |
| (1) | Where a person who is designated, or intends to be designated, as a project implementer under Article 12 intends to make a request or proposal for designating a development area pursuant to Article 4 or 5, such person may conduct an inspection or a land survey with regard to the land, buildings, structures, and other necessary matters in the area to be designated as a development area, as prescribed by Presidential Decree. |
| (2) | A person who intends to conduct an inspection or a land survey pursuant to paragraph (1) may request the head of a related administrative agency, a local government, a public institution under the Act on the Management of Public Institutions, a government-funded institution, or any other related institution to provide necessary data. Upon receipt of a request to provide such data, the head of an institution shall comply with such request, in the absence of good reason to the contrary. |
[This Article Newly Inserted by Act No. 11475, Jun. 1, 2012]
| Article 6 (Hearing of Opinions from Residents) |
| (1) | When a designating authority intends to designate a development area or the head of a Si/Gun/Gu intends to make a request to designate a development area pursuant to Article 4, he or she shall hear opinions from residents or relevant experts, etc. through public inspection or public hearings and shall hear the opinion of the local council. In such cases, the local council shall present its opinion within 60 days from the date the designating authority or the head of the Si/Gun/Gu hears its opinion on the designation of a development area; if 60 days elapse without any opinion presented, the local council shall be deemed to have no objection. The same shall also apply where it is intended to alter a development area (excluding a modification of any minor matter specified by Presidential Decree). |
| (2) | Matters subject to public inspection or public hearings under paragraph (1) and necessary matters with regard to methods for hearing opinions from residents or relevant experts, etc. shall be prescribed by Presidential Decree. |
| Article 7 (Formulation of Project Plans) |
| (1) | When a designating authority intends to designate a development area, he or she shall formulate a plan for the project for developing a station's sphere of influence (hereinafter referred to as "project plan"), containing the following matters: Provided, the matters referred to in subparagraph 11 may be included in the project plan after the development area is designated: <Amended by Act No. 10599, Apr. 14, 2011> |
| 1. | The name of the project for developing the station's sphere of influence; |
| 2. | The name, location, and area of the development area and the purpose of designation; |
| 3. | A plan to rearrange or improve functions of the station's sphere of influence; |
| 4. | Matters concerning the method of implementing the project for developing the station's sphere of influence and the implementer of the project; |
| 7. | A plan for urban landscaping, environmental conservation, and disaster prevention; |
| 8. | A land use plan, a traffic management plan, and a park and green area plan; |
| 9. | The period of implementation of the project for developing the station's sphere of influence; |
| 11. | A detailed list of the land, goods, or rights to be expropriated or used (hereinafter referred to as "land or other property") and the names and addresses of the owners and right holders of such land or other property; |
| 12. | A plan for housing tenants, etc., including construction of rental housing; |
| 13. | A plan to alter special-purpose areas in the project for developing the station's sphere of influence and matters regarding the floor area ratio and the building-to-land ratio; |
| 14. | Matters concerning the establishment of a transportation system linking railroads to other modes of transport; |
| 15. | Other matters specified by Presidential Decree as necessary for implementing a project for developing the station's sphere of influence. |
| (2) | A designating authority may modify a project plan at his or her discretion or at the request of the head of a related central administrative agency or the person designated as a project implementer under Article 12 (1). |
| (3) | The procedures for formulating or modifying a project plan under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 7-2 (Organization of Project Council) |
| (1) | A designating authority may organize and operate a project council for consultation or advisory service on the following matters: |
| 1. | Matters necessary for formulating and implementing a project plan; |
| 2. | Matters necessary for coordinating local residents' opinions; |
| 3. | Other matters specified by Presidential Decree. |
| (2) | A project council shall be comprised of not more than 15 members, including the designating authority, and the members shall be appointed or commissioned from among persons qualified under any of the following subparagraphs: |
| 1. | Competent public officials of the relevant local government; |
| 2. | The project implementer (including the person who proposed the designation of the development area pursuant to Article 5); |
| 4. | Representatives of residents. |
| (3) | In either of the following cases, a designating authority shall hold a meeting of a project council: |
| 1. | When a majority of members of the project council request to convene a meeting; |
| 2. | Where the designating authority determines it necessary to convene a meeting. |
| (4) | Except as provided in this Act, matters necessary for the organization, operation, etc. of a project council shall be prescribed by public notification or by ordinance of the relevant local government. |
[This Article Newly Inserted by Act No. 11475, Jun. 1, 2012]
| Article 8 (Special Cases concerning the National Land Planning and Utilization Act) |
| (1) | Where a designating authority determines necessary to promote the multi-purpose and intensive development of a development area, he or she may alter the development zone to a special-purpose area in which highly dense development is permitted or may establish a project plan under which restrictions on the floor area ratio and the building-to-land ratio are relaxed, notwithstanding Articles 36, 77, and 78 of the National Land Planning and Utilization Act. |
| (3) | Matters necessary for the alteration of special-purpose areas, the relaxation of building-to-land ratios and floor area ratios, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 9 (Public Notification of Designation of Development Areas) |
| (1) | In order to designate or alter a development area, a designating authority shall publish an announcement of a project plan in the Official Gazette or the relevant public gazette, and shall send copies of relevant documents to the competent Mayor/Do Governor (only if the designating authority is the Minister of Land, Infrastructure and Transport) or to the head of the relevant Si/Gun/Gu. Upon receipt of such copies of relevant documents, the Mayor/Do Governor or the head of the Si/Gun/Gu shall make such copies available to residents within his or her jurisdiction for perusal for at least 14 days. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where a project plan is publicly notified pursuant to paragraph (1), the matters that shall be determined as part of an urban or Gun management plan (including district unit plans; hereinafter the same shall apply) pursuant to the National Land Planning and Utilization Act shall be deemed to have been determined and publicly notified as part of the urban or Gun management plan pursuant to that Act. <Amended by Act No. 10599, Apr. 14, 2011> |
| Article 10 (Cancellation of Designation of Development Areas) |
| (1) | In any of the following cases, the designation of a development area designated pursuant to Article 4 may be cancelled after deliberation by the Urban Planning Committee: |
| 1. | Where no project implementer has been designated pursuant to Article 12 within two years from the date on which a development area was designated under Article 4; |
| 2. | Where no application has been filed pursuant to Article 13 for approval of an implementation plan within two years from the date the project implementer under Article 12 (1) was designated as the project implementer; |
| 3. | Where a project implementer under Article 12 (1) fails to commence a project for developing a station's sphere of influence within one year from the date an implementation plan under Article 13 was approved. |
| (2) | When a designating authority cancels the designation of a development area pursuant to paragraph (1), he or she shall publish an announcement of the details thereof in the Official Gazette or the relevant public gazette, as prescribed by Presidential Decree. |
| Article 11 (Restriction on Activities) |
| (1) | A person who intends to construct a building, install a structure, alter the form and quality of land; collect soil and stone; partition a piece of land, store goods, lumber or plant bamboo or trees; or engage in any other activity specified by Presidential Decree, in a development area designated and publicly notified pursuant to Articles 4 and 9, shall obtain permission for such activity from the competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu. The same shall also apply where he or she intends to change permitted matters. <Amended by Act No. 11475, Jun. 1, 2012> |
| (2) | If an activity for which permission or permission for modification is sought is likely to seriously disrupt a project for developing a station's sphere of influence, the competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall hear the opinion of the competent designating authority before granting permission or permission for modification pursuant to paragraph (1). |
| (3) | Notwithstanding paragraph (1), activities for emergency measures necessary for restoration or relief from a disaster may be engaged in without permission. |
| (4) | A person who commenced construction works or a project for an activity for which permission is required under paragraph (1) but permission was already issued or not required, under relevant statutes and regulations in force as at the time the relevant development area was designated and publicly notified under Articles 4 and 9, may continue such construction works or project after submitting a report thereon to the competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree. |
| (5) | The competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu may order a person who violates paragraph (1) to restore the area to the original state. If a person to whom such order was issued fails to fulfill his or her obligations, the competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu may vicariously execute necessary work pursuant to the Administrative Vicarious Execution Act. |
| Article 12 (Designation of Project Implementers) |
| (1) | A designating authority shall designate the project implementer for a project for developing a station's sphere of influence (hereinafter referred to as "project implementer") from among the following persons: <Amended by Act No. 11475, Jun. 1, 2012; Act No. 15460, Mar. 13, 2018> |
| 1. | The State or a local government; |
| 2. | The Korea Rail Network Authority established pursuant to the Korea Rail Network Authority Act (hereinafter referred to as the "Korea Rail Network Authority") or a corporation established with funds invested by the Korea Rail Network Authority for the purpose of implementing projects for developing a station's sphere of influence; |
| 3. | The Korea Railroad Corporation established pursuant to the Korea Railroad Corporation Act (hereinafter referred to as the "Korea Railroad Corporation") or a corporation established with funds invested by the Korea Railroad Corporation for the purpose of implementing projects for developing a station's sphere of influence; |
| 7. | A person who meets the requirements prescribed by Presidential Decree, among railroad construction project implementers under Article 8 of the Act on Railroad Construction and Railroad Facilities Management; |
| 8. | A person who meets the requirements prescribed by Presidential Decree, among persons issued a license for urban railroad service under the Urban Railroad Act or urban railroad constructors; |
| 9. | Any of the following persons among corporations: |
| (a) | A person who meets the requirements prescribed by Presidential Decree, from among persons whose capability of implementing projects for developing a station's sphere of influence according to project plans are recognized, such as persons whose civil engineering business or civil engineering and construction business is registered under the Framework Act on the Construction Industry; |
| (b) | A person who meets the requirements prescribed by Presidential Decree (limited to where such person implements a project jointly with a person who meets the requirements under subparagraphs 1 through 8), among self-managed real estate companies or entrusted management real estate investment companies established pursuant to the Real Estate Investment Company Act; |
| 10. | A corporation established with funds invested by two or more persons who meet the requirements under subparagraphs 1 through 9 for the purpose of implementing projects for developing a station's sphere of influence; or |
| 11. | An incorporated foundation or a corporation that meets the criteria prescribed by Presidential Decree with regard to financial solvency, etc., among incorporated foundations established pursuant to the Civil Act or corporations established pursuant to the Commercial Act. |
| (2) | In any of the following cases, a designating authority may replace a project implementer with another person; or may revoke the designation of a project implementer: |
| 1. | Where a project implementer fails to apply for approval of an implementation plan under Article 13 within two years from the date the project implementer was designated pursuant to paragraph (1); |
| 2. | Where a project implementer fails to commence a project for developing a station's sphere of influence within one year after an implementation plan under Article 13 (1) was approved; |
| 3. | Where the approval of an implementation plan under Article 13 (1) is revoked; |
| 4. | Where it is found impracticable to attain the purpose of a project for developing a station's sphere of influence due to the project implementer's bankruptcy or any other event specified by Presidential Decree. |
| (3) | When a designating authority designates or replaces a project implementer or revokes the designation of a project implementer under paragraph (1) or (2), he or she shall make public notice thereof, as prescribed by Presidential Decree. |
| Article 13 (Approval of Implementation Plans) |
| (1) | In order to implement a project for developing a station's sphere of influence, the project implementer shall prepare an implementation plan for the project for developing the station's sphere of influence (hereinafter referred to as "implementation plan") and obtain approval thereof from the competent designating authority, as prescribed by Presidential Decree. The same shall also apply where he or she intends to modify an approved implementation plan: Provided, That the same shall not apply to a modification of any minor matter specified by Presidential Decree. |
| (2) | The contents of the relevant project plan shall be reflected in an implementation plan, and the following matters shall be included in the implementation plan: |
| 1. | The name of the project for developing the station's sphere of influence and the location and area of the development area; |
| 2. | The name or trade name of the project implementer (including its address and the name of its representative); |
| 3. | The period of implementation of the project for developing the station's sphere of influence; |
| 4. | A plan for land use, traffic control, and environmental management; |
| 5. | A financing plan and an annual investment plan; |
| 6. | A plan to construct infrastructure (including a cost allocation plan); |
| 7. | A plan to dispose of the developed land; |
| 8. | Other matters specified by Presidential Decree. |
| (3) | When a designating authority intends to approve an implementation plan, he or she shall consult with the competent Mayor/Do Governor (only if the designating authority is the Minister of Land, Infrastructure and Transport) and the head of the relevant Si/Gun/Gu thereon, as prescribed by Presidential Decree. <Amended by Act No. 11475, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (4) | When a designating authority approves an implementation plan, he or she shall publish an announcement of the implementation plan in the Official Gazette or the relevant public gazette, as prescribed by Presidential Decree, and shall send copies of relevant documents to the competent Mayor/Do Governor (only if the designating authority is the Minister of Land, Infrastructure and Transport) or to the head of the relevant Si/Gun/Gu. Upon receipt of such copies of relevant documents, the competent Mayor/Do Governor or the head of the Si/Gun/Gu shall make such copies available to residents within his or her jurisdiction for perusal for at least 14 days. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | If relevant documents include any matter relating to the determination of an urban or Gun management plan defined in subparagraph 4 of Article 2 of the National Land Planning and Utilization Act, the competent Mayor/Do Governor or the head of the Si/Gun/Gu, who received copies of the relevant documents sent pursuant to paragraph (4), shall take necessary measures, including applying for approval of topographic drawings under Article 32 (2) of that Act. In such cases, the project implementer shall send documents necessary for the public notification, etc. of topographic drawings to the head of the relevant local government. <Amended by Act No. 10599, Apr. 14, 2011> |
| Article 14 (Access to Other's Land) |
| (1) | If necessary to conduct an inspection or a land survey for preparing an implementation plan or to implement a project for developing a station's sphere of influence, a project implementer may enter the land owned or occupied by other person; may temporarily use the land owned or occupied by other person as a storage yard, a temporary passage, or a temporary road; and may relocate or remove trees, earth, stone, or other obstacles if necessary particularly. In such cases, the owner or occupant of land shall not interfere with or reject such activities, in the absence of good reason to the contrary. |
| (2) | A person who intends to enter other person's land under paragraph (1) shall give prior notice to the owner or occupant of the land and shall obtain consent to entry: Provided, That if it is impracticable to obtain consent due to absence, unknown whereabouts, etc. of the owner or occupant of the land, a person shall enter the land with permission from the competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu. |
| (3) | No person shall enter other person's premises or land enclosed by walls before sunrise or after sunset. |
| (4) | A person who intends to enter other's land under paragraph (1) shall carry an identification certificate prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and shall present it to interested persons. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | A project implementer who has obtained approval of an implementation plan may enter or temporarily use the land on which a project for developing a station's sphere of influence is planned to be implemented. In such cases, no person who has a right to the land shall not obstruct or interfere with entry or temporary use of the land by the project implementer, in the absence of good reason to the contrary. |
| Article 15 (Compensation for Losses Incurred by Access to Land) |
| (1) | If there is a person who has sustained a loss due to an activity engaged in pursuant to Article 14, the project implementer shall compensate such person for the loss. |
| (2) | When a project implementer intends to compensate for a loss pursuant to paragraph (1), the project implementer shall reach an agreement with the person who has sustained the loss. |
| Article 16 (Relevant Authorization and Permission Deemed Granted) |
| (1) | If a designating authority completed consultation under paragraph (3) with the heads of related administrative agencies on matters subject to the permission, authorization, determination, consultation, consent, approval, report, modification, designation, registration, or cancellation, etc. referred to in the following subparagraphs (hereinafter referred to as "authorization, permission, etc."), in order to approve an implementation plan or an modified implementation plan, such authorization, permission, etc. shall be deemed to have been granted, issued, made, completed, or done with regard to such matters, and if an implementation plan was publicly notified pursuant to 13 (4), the authorization, permission, etc. under the following statutes shall be deemed to have been publicly notified or announced: <Amended by Act No. 10599, Apr. 14, 2011; Act No. 12248, Jan. 14, 2014; Act No. 13797, Jan. 19, 2016; Act No. 13805, Jan. 19, 2016; Act No. 14480, Dec. 27, 2016> |
| 23. | Consultation with, or approval by, a river management authority under Article 6 of the River Act (limited to matters relating to permission to implement river works under Article 30 of that Act and permission to occupy and use a river under Article 33 of that Act); and permission to occupy and use a small river under Article 14 of the Small River Maintenance Act; |
| (2) | When a project implementer who intends to have authorization, permission, etc. deemed granted under paragraph (1) applies for approval of an implementation plan or a modified implementation plan, it shall submit relevant documents required under relevant statutes, along with the application. |
| (3) | If matters referred to in any subparagraph of paragraph (1) is included in an implementation plan or a modified implementation plan, the designating authority shall consult with the heads of related administrative agencies on the matters first before approving such implementation plan or modified implementation plan under Article 13 (1). |
| (4) | Upon receipt of a request for consultation from a designating authority under paragraph (3), the head of a related administrative agency shall present his or her opinion within 20 days from the date he or she was requested to be consulted. |
| Article 17 (Expropriation and Use of Land) |
| (1) | If necessary to implement a project for developing a station's sphere of influence, a project implementer may expropriate or use land, goods, or rights under Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as "expropriation or use"): Provided, That in any of the following cases, a project implementer shall obtain consent from persons who own at least 2/3 of the whole area of land and from at lest 1/2 of the total number of land owners (if the land is within premises of a railroad facility under the Act on Railroad Construction and Railroad Facilities Management or within premises of a railroad facility under the Urban Railroad Act, such consent may be substituted by consent of the relevant land owner). <Amended by Act No. 11475, Jun. 1, 2012; Act No. 15460, Mar. 13, 2018> |
| 1. | A corporation less than 50/100 of whose capital has been invested by the Korea Rail Network Authority or the Korea Railroad Corporation, among the project implementers under Article 12 (1) 2 and 3; |
| 2. | A project implementer under Article 12 (1) 6 through 11 (excluding where the State, a local government, a public institution, or a local public enterprise under the Local Public Enterprises Act has invested at least 50/100 of capital). |
| (4) | Where it is found that the price for the land to be acquired was changed due to public announcement to hear opinions from residents, etc. under Article 6 or where other requirements prescribed by Presidential Decree are met, the officially assessed land price under Article 70 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects means the officially assessed land price on a date before the date of public announcement to hear opinions of residents, etc. under Article 6 as the reference date of official assessment, notwithstanding Article 70 (3) through (5) of that Act, and shall be determined with the land price officially assessed at the time nearest to the date of public announcement to hear opinions of residents, etc., among land prices officially assessed as at the time of assessing the relevant land. <Newly Inserted by Act No. 11475, Jun. 1, 2012> |
| Article 18 (Issuance of Land Redemption Bonds) |
| (1) | A project implementer may issue bonds redeemable by the land and buildings developed by implementing a project (hereinafter referred to as "land redemption bonds"), as prescribed by Presidential Decree, in order to pay part of purchase prices for land, etc. if landowners desire to own such bonds. |
| (2) | When a project implementer (excluding where a designating authority is a project implementer) intends to issue land redemption bonds pursuant to paragraph (1), it shall prepare a plan to issue land redemption bonds and shall obtain approval thereof from the designating authority in advance, as prescribed by Presidential Decree. |
| (3) | The methods, procedure and conditions for issuing land redemption bonds, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 19 (Advance Payments) |
| (1) | A project implementer may receive all or part of the price for the land or a building or structure developed through a project for developing a station's sphere of influence (hereinafter referred to as "developed land or property"), in advance, from a person who intends to acquire or use such developed land or property, as prescribed by Presidential Decree. |
| (2) | When a project implementer (excluding where a designating authority is a project implementer) intends to receive all or part of the price in advance pursuant to paragraph (1), it shall obtain approval therefor from the designating authority. |
| Article 20 (Supply Plan for Developed Land or Property) |
| (1) | When a project implementer (excluding where a designating authority is a project implementer) intends to supply developed land or property, it shall prepare a supply plan for developed land or property and shall submit the plan to the designating authority. The same shall also apply where he or she intends to modify a supply plan already established. |
| (2) | The contents of a supply plan for developed land or property, the procedure and criteria for supply, the assessment of prices for developed land or property, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 21 (Completion Inspection) |
| (1) | Upon completion of a project for developing a station's sphere of influence, the project implementer shall undergo a completion inspection by the designating authority, without delay, as prescribed by Presidential Decree. |
| (2) | Upon receipt of an application for a completion inspection under paragraph (1), the designating authority shall conduct the completion inspection, as prescribed by Presidential Decree; and shall issue a completion inspection certificate to the applicant in the form prescribed by the Ministry of Land, Infrastructure and Transport if he or she acknowledges that relevant construction works have been performed in accordance with provisions of the approved implementation plan. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | When a project implementer successfully undergoes a completion inspection under paragraph (1), it shall be deemed to have successfully undergone a completion inspection or have obtained completion authorization with regard to the relevant project for the authorization, permission, etc. referred to in the subparagraphs of Article 16 (1). In such cases, the designating authority shall consult with the heads of related administrative agencies prior to the completion inspection. |
| (4) | If necessary to efficiently implement a project for developing a station's sphere of influence, a project implementer may undergo a completion inspection under paragraph (1) for the part where construction works are completed, even before construction works for the entire project for developing the station's sphere of influence are fully completed. |
| (5) | No project implementer shall use the land developed or facilities installed through a project for developing a station's sphere of influence before it receives a completion inspection certificate issued under paragraph (2): Provided, That the same shall not apply where a project implementer reported its use prior to completion to the designating authority or obtained permission for its use prior to completion from the designating authority. |
| Article 22 (Public Announcement of Completion of Construction Works) |
When a designating authority issues a completion inspection certificate under Article 21 (2), he or she shall publicly announce the completion of construction works but shall issue an order to perform remedial works and take other necessary measures, without delay, if construction works have not be done in accordance with the implementation plan.
| Article 23 (Vesting of Ownership of Public Facilities) |
| (1) | Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the vesting of ownership of public facilities (excluding parking lots, playgrounds, and other facilities specified by Presidential Decree; hereafter the same shall apply in this Article) installed as new facilities or substitutes for existing facilities. |
| (2) | Documents proving the cause of registration under the Registration of Real Estate Act may be substituted by the written approval of an implementation plan and the completion inspection certification for the purpose of registration of public facilities and property under paragraph (1). |
| Article 24 (Restrictions on Disposal of National or Public Land) |
| (1) | Any parcel of land located within a development area and owned by the State or a local government shall not be disposed of for any purpose other than the purposes specified in the relevant implementation plan if said land is required for a project for developing the relevant station's sphere of influence. |
| (3) | Upon receipt of a request for consultation under the latter part of paragraph (2), the head of a related central administrative agency shall take measures necessary for consultation within 30 days from the date he or she receives such request. |
| (4) | When a project implementer under Article 12 (1) (excluding those referred to in subparagraph 1 of that paragraph) intends to construct a building or install any other structure (hereinafter referred to as "structure") in a railroad facility owned and managed by the State, the Minister of Land, Infrastructure and Transport may issue permission for occupation and use to the project implementer, specifying the kind of structure, the period of occupancy and use, etc, as prescribed by Presidential Decree, notwithstanding Article 18 (1) of the State Property Act. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 25 (Re-Investment of Gains from Development of Station's Sphere of Influence) |
| (2) | A project implementer shall manage the account of development gains generated from a project separately from other accounts, and shall take other necessary measures so as to ensure that the development gains under paragraph (1) can be re-invested without any problem. |
| (3) | Articles 8 through 12 of the Restitution of Development Gains Act shall apply mutatis mutandis to the determination of development gains under paragraph (1). In such cases, "standards for imposition of development charges" shall be construed as "standards for determining development gains"; "end point of imposition" as "end point of determination of development gains"; "land subject to imposition" as "land subject to determination of development gains"; "starting point of imposition" as "starting point of determination of development gains"; "period for imposition" as "period of determination of development gains"; "authorization, etc. for development projects from the State or a local government", "authorization, etc. from the State or a local government", "authorization, etc. for a development project" or "authorization, etc." as "approval of an improvement plan"; "approval, etc. of completion of a development project" as "completion approval", "obligor" as "project implementer"; and "development project" as "project for developing a station's sphere of influence", respectively. |
[This Article Wholly Amended by Act No. 16004, Dec. 18, 2018]
| Article 26 (Allocation of Cost) |
| (1) | The cost required to implement a project for developing a station's sphere of influence shall be borne by the project implementer. |
| (2) | The State may grant a subsidy or a loan to a project implementer for part of the cost required to implement a project for developing a station's sphere of influence, within the budget, as prescribed by Presidential Decree. |
| Article 27 (Installation of Public Facilities and Allocation of Cost) |
Article 55 of the Urban Development Act shall apply mutatis mutandis to the installation of public facilities, such as roads, waterworks, sewerage systems, and facilities for electricity, telecommunications, gas, and district heating, the allocation of the cost thereof, etc.
| Article 28 (Issuance of Bonds) |
| (1) | A project implementer (limited to the persons referred to in Article 12 (1) 1 through 5 and excluding the corporations less than 50/100 of whose capital has been invested by the Korea Rail Network Authority or the Korea Railroad Corporation, among the persons referred to in subparagraphs 2 and 3 of that paragraph) may issue bonds for the development of a station's sphere of influence (hereinafter referred to as 'bonds") in order to finance a project for developing the station's sphere of influence. |
| (2) | When the head of a local government intends to obtain approval from the Minister of the Interior and Safety for the issuance of bonds under paragraph (1) pursuant to Article 11 of the Local Finance Act, he or she shall consult with the Minister of Land, Infrastructure and Transport thereon, in advance, and a project implementer, other than the State or a local government, shall obtain approval from the designating authority for the issuance of bonds. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The interest rate of bonds, the methods of issuing bonds, the redemption of bonds, the process of issuance, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 29 (Purchase of Bonds) |
| (1) | Persons referred to in either of the following shall purchase bonds: |
| 1. | Persons who enter into a contract with a project implementer for construction works; |
| (2) | For the purpose of applying paragraph (1), the persons who have undergone consultation in which approval of an implementation plan under Article 13 or permission for development activities under Article 56 of the National Land Planning and Utilization Act deemed granted pursuant to other statutes, shall be included among the persons referred to in that paragraph. |
| (3) | Necessary matters regarding the persons obligated to purchase bonds, the amount of bonds to be purchased, the procedure for purchasing bonds, etc. shall be prescribed by Presidential Decree. |
| Article 30 (Reduction or Exemption of Taxes and Charges) |
Article 71 of the Urban Development Act shall apply to the reduction, exemption, etc. of taxes and charges on projects for developing a station's sphere of influence. In such cases, "urban development project" shall be construed as "project for developing a station's sphere of influence".
| Article 31 (Administrative Actions) |
| (1) | In any of the following cases, a designating authority may revoke permission, designation, or approval under this Act or may order a project implementer to suspend or alter construction works or rebuild, alter, or relocate a building or an obstacle, etc. or take other necessary action or measures: Provided, That in cases falling under subparagraph 1, permission, designation, or approval shall be revoked: <Amended by Act No. 11475, Jun. 1, 2012> |
| 1. | Where a project implementer obtained permission, designation, or approval under this Act by fraud; |
| 2. | Where it becomes impossible for a project implementer to continue to implement a project for developing a station's sphere of influence due to a natural disaster, the project implementer's bankruptcy, or any other event specified by Presidential Decree (limited to where the Urban Planning Committee concludes, as a result of deliberation, that there is no prospect of continuing the project); |
| 3. | Where a project implementer fails to fulfill any condition imposed as at the time of designation or approval under Articles 12 and 13 or fails to implement a project for developing a station's sphere of influence in accordance with the project plan and the implementation plan; |
| 4. | Where a project implementer obtained adjudication on expropriation or use of land or other property, in violation of Article 17; |
| 5. | Where a project implementer issued land redemption bonds, in violation of Article 18; |
| 6. | Where a project implementer received advance payment, in violation of Article 19; |
| 7. | Where a project implementer supplied developed land or property, in violation of Article 20; |
| 8. | Where a project implementer fails to undergo the completion inspection, in violation of Article 21 (1); |
| 9. | Where a project implementer used developed land or any installed facility without filing a report on or obtaining permission for use pursuant to the proviso of Article 21 (5); |
| (2) | Detailed criteria for the revocation of permission, designation, or approval, the suspension or alteration of construction works, the rebuilding, alteration, or relocation of buildings or obstacles, etc. and other necessary actions or measures shall be prescribed by Presidential Decree, taking into consideration the pattern, cause, degree, etc. of violation. |
| (3) | When a designating authority issues an order or takes an action under paragraph (1), he or she shall publicly notify it, as prescribed by Presidential Decree. |
| Article 32 (Entrustment of Purchase of Land) |
| (1) | A project implementer may entrust the jurisdictional local government or a public institution specified by Presidential Decree with purchase of land, compensation for losses, measures for relocation, etc., for a project for developing a station's sphere of influence, as prescribed by Presidential Decree. |
| (2) | Entrustment commissions for purchase of land, compensation for losses, measures for relocation, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
When a designating authority replaces a project implementer with another person or revokes the designation of a project implementer under Article 12 (2) or intends to take administrative action to revoke designation or approval under Article 31, he or she shall hold a hearing in accordance with the Administrative Procedures Act.
| Article 34 (Delegation of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to sub-agencies of the Ministry or the Mayor/Do Governor, as prescribed by Presidential Decree, and the Mayor/Do Governor may re-delegate part of the authority delegated to him or her to the head of a Si/Gun/Gun, with approval from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Mayor/Do Governor may delegate part of his or her authority under this Act to the head of a Si/Gun/Gun, as prescribed by ordinance of the City or Do. |
| Article 35 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
| 1. | A person who constructed a building or engaged in any activity within a development area without permission, in violation of Article 11 (1); |
| 2. | A person who was designated as a project implementer under Article 12 (1) by fraud or other improper means; |
| 3. | A person who had an implementation plan under Article 13 (1) approved (including approval of a modified plan) by fraud or other improper means. |
| Article 36 (Penalty Provisions) |
Either of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
| 1. | A person who implemented a project without approval of an implementation plan under Article 13 (1); |
| 2. | A person who used land or a facility without permission for use prior to completion under Article 21 (5). |
| Article 37 (Penalty Provisions) |
Any person who violated an order issued under Article 31 (1) to suspend or alter construction works or to rebuild, alter, or relocate a building or an obstacle, etc. or to take other necessary action or measures shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
| Article 38 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed, by a corporation or an individual commits any violation described in Articles 35 through 37 in performing any work for the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply where the corporation or individual has not neglected to exercise due care and supervise the work to prevent such violation.
| Article 39 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: |
| 1. | A person who obstructed or interfered with entry or temporary use of land by a project implementer, in violation of the latter part of Article 14 (1); |
| 2. | A person who entered land without consent of the owner or occupant of the land, in violation of Article 14 (3); |
| 3. | A person who entered land without carrying an identification certificate, in violation of Article 14 (4); |
| 4. | A person who obstructed or interfered with a project implementer entering or temporarily using land, in violation of the latter part of Article 14 (5). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 11475, Jun. 1, 2012>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended by Article 6 of the Addenda, the amendment to an Act which was promulgated before this Act enters into force but whose enforcement date has yet to arrive shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended by Article 5 of the Addenda, the amendment to an Act which was promulgated before this Act enters into force but whose enforcement date has yet to arrive shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15460, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 16004, Dec. 18, 2018>
This Act shall enter into force six months after the date of its promulgation.