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ACT ON THE PROMOTION OF SMART CITY DEVELOPMENT AND INDUSTRY

Act No. 14532, Jan. 17, 2017

Amended by Act No. 14569, Feb. 8, 2017

Act No. 14718, Mar. 21, 2017

Act No. 15116, Nov. 28, 2017

Act No. 15309, Dec. 26, 2017

Act No. 15732, Aug. 14, 2018

Act No. 16388, Apr. 23, 2019

Act No. 16631, Nov. 26, 2019

Act No. 17454, jun. 9, 2020

Act No. 17453, jun. 9, 2020

Act No. 17344, jun. 9, 2020

Act No. 17348, jun. 9, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to improving the quality of life of citizens, promoting balanced national growth, and strengthening national competitiveness by providing for matters relating to efficiently promoting developing, managing, and operating smart cities and industries to improve the competitiveness of cities and to facilitate their sustainable development. <Amended on Mar. 21, 2017; Aug. 14, 2018>
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended on May 22, 2009; Mar. 21, 2017; Aug. 14, 2018; Nov. 26, 2019; Jun. 9, 2020>
1. The term "smart city" means a sustainable city wherein various city services are provided based on city infrastructure constructed by converging and integrating construction technologies, information and communications technologies, etc. to enhance its competitiveness and livability;
1-2. The term "national pilot smart city" means a smart city designated and developed under Article 35 as a city with smart city services and smart city technologies grafted onto its urban space for managing intelligent cities and fostering innovative industries;
2. The term "smart city services" means services prescribed by Presidential Decree that collect information about the main functions of a city, such as administration, transportation, welfare, environment, and preventing and managing disasters; and provide collected information as is or integrated, through smart city infrastructure, etc.;
3. The term "smart city infrastructure" means any of the following facilities:
(a) Intelligent facilities through applying convergence of construction and information and communications technologies to infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act or public facilities defined in subparagraph 13 of the aforesaid Article;
(b) Super-connected intelligent information and communication networks under subparagraph 9 of Article 2 of the Framework Act on Intelligent Informatization, and other information and communication networks prescribed by Presidential Decree.
(c) Facilities prescribed by Presidential Decree for managing and operating a smart city, such as the integrated operation center of a smart city for providing smart city services;
(d) Facilities prescribed by Presidential Decree, such as closed-circuit televisions, or other devices to which construction technologies or information and communications technologies are applied to collect, process, or provide information necessary for providing smart city services;
4. The term "smart city technologies" means the convergence technologies of construction and information and communications and information and communications technologies, for constructing smart city infrastructure and providing smart city services;
5. The term "convergence technologies of construction and information and communications" means technologies prescribed by Presidential Decree which entail construction technologies converged with electronics, control, telecommunications technologies, etc. to make artificially intelligent the infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act or public facilities defined in subparagraph 13 of the aforesaid Article;
6. The term "smart city construction project" means a project to construct, build, construct, maintain, improve, supply and operate smart city infrastructure, buildings, structures, etc. to provide smart city services in accordance with the relevant smart city plan formulated under Article 8;
6-2. The term "national pilot smart city construction project" means a smart city construction project implemented in a national pilot smart city;
7. The term "smart city industry" means an industry that creates economic or social added value utilizing smart city technologies, smart city infrastructure, smart city services, etc;
8. The term "innovative growth promotion zone" means a zone designated under Article 43 in order to support establishing the smart city industry and to facilitate investments by promoting the convergence of smart city services and smart city technologies;
9. The term "smart innovation projects" means projects for providing and using smart innovation technologies and services qualified in the aspects of safety in the smart regulation innovation district;
10. The term "smart demonstration project" means a project for testing and verifying smart innovative technology and services in a smart regulation innovation district;
11. The term "smart regulation innovation district" means an area designated pursuant to Article 47 as an area eligible to implement a smart innovation project or smart demonstration project through special cases for regulation to address urban issues and develop innovative industries;
12. The term "smart city technologies and services" means technologies and services that contribute to improving the quality of life of citizens and fostering of the innovative industry by improving smart city technologies and smart city services, and utilizing, or combining new technologies and new services.
 Article 3 (Application)
(1) This Act shall apply where a smart city construction project is implemented for the following projects: <Amended on Dec. 29, 2015; Mar. 21, 2017; Dec. 26, 2017; Apr. 23, 2019>
1. Housing site development projects implemented under the Housing Site Development Promotion Act;
2. Urban development projects implemented under the Urban Development Act;
3. Innovation city development projects implemented under the Special Act on the Construction and Development of Innovation Cities;
4. Enterprise city development projects implemented under the Special Act on the Development of Enterprise Cities;
6. Urban regeneration projects implemented under the Special Act on Promotion of and Support for Urban Regeneration;
7. Other projects prescribed by Presidential Decree among urban development projects implemented under other relevant statutes or regulations and projects implemented by a Special Metropolitan City, Metropolitan City, or Si/Gun for improving or ameliorating cities.
(2) This Act may apply to projects for constructing smart city infrastructure, advancing its functions, or facilitating the linkage of smart city services in addition to the projects set forth in paragraph (1): Provided, That the provisions on the formulation of smart city plans under Article 8 and the implementation plans of smart city construction projects under Article 14 shall not apply thereto. <Newly Inserted on Mar. 21, 2017>
 Article 3-2 (Responsibilities of the State)
The State and local governments shall formulate and implement various policies necessary for developing smart cities and vitalizing the smart city industry.
[This Article Newly Inserted on Mar. 21, 2017]
 Article 3-3 (Relationship to Other Statutes)
With respect to the creation and promotion of industries, designation and promotion of a national pilot city of smart cities, this Act shall prevail over other Acts: Provided, That when other Acts include less restrictive provisions than this Act regarding special cases concerning regulations, the provisions of such Acts shall be applied.
[This Article Newly Inserted on Apr. 23, 2019]
CHAPTER II FORMULATING COMPREHENSIVE PLANS FOR SMART CITIES
 Article 4 (Formulating Comprehensive Plans for Smart Cities)
(1) The Minister of Land, Infrastructure and Transport shall formulate a comprehensive plan for smart cities (hereinafter referred to as "comprehensive plan") every five years for the efficient development, management, operation, etc. of smart cities (hereinafter referred to as "construction, etc. of smart cities"): <Amended on Mar. 23, 2013; Mar. 21, 2017; Aug. 14, 2018>
1. Matters regarding the analysis of the current status and conditions for realizing smart cities;
2. Matters regarding the principles of, and basic direction-setting for, smart cities;
3. Matters regarding the phased implementation strategies for realizing smart cities;
4. Matters regarding rearranging related laws and systems for the construction, etc. of smart cities;
5. Matters regarding the system for implementing smart city development projects;
6. Matters regarding dividing roles between the State and local governments and for each central administrative agency;
7. Matters regarding constructing, managing, operating smart city infrastructure and formulating relevant standards;
8. Matters regarding the standards of smart city technologies;
9. Matters regarding protecting personal information and smart city infrastructure;
10. Matters regarding procuring and managing funds necessary for the construction, etc. of smart cities;
11. Matters regarding designating and operating national pilot smart cities;
12. Other matters prescribed by Presidential Decree as necessary for the construction, etc. of smart cities.
(2) To formulate a comprehensive plan, the Minister of Land, Infrastructure and Transport may request the head of each central administrative agency to present a draft plan for policies and projects to be reflected in the comprehensive plan, as prescribed by Presidential Decree. In such cases, the head of each central administrative agency shall comply with such request, except in extenuating circumstances. <Amended on Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport shall prepare a draft comprehensive plan for smart cities (hereinafter referred to as "draft comprehensive plan") based on the draft plans presented under paragraph (2). In such cases, matters regarding smart city services shall be based on sectional plans for the administrative affairs and intelligent informatization by region, which are included in the comprehensive plan for an intelligent information society under Article 6 of the Framework Act on Intelligent Informatization, which shall be reflected consistently and in systematic conformity with the comprehensive plan. <Amended on May 22, 2009; Mar. 23, 2013; Mar. 21, 2017; Jun. 9, 2020>
(4) Comprehensive plans shall conform to the comprehensive national land plan formulated under the Framework Act on the National Land.
[Title Amended on Mar. 21, 2017]
 Article 5 (Holding Public Hearings)
(1) When the Minister of Land, Infrastructure and Transport has prepared a draft comprehensive plan, he or she shall hold a public hearing to collect opinions of relevant experts, etc.; and shall reflect their opinions presented at the public hearing in the draft comprehensive plan, if such opinions are deemed reasonable. <Amended on Mar. 23, 2013>
(2) Matters necessary for holding public hearings under paragraph (1) shall be prescribed by Presidential Decree.
 Article 6 (Finalizing Comprehensive Plans)
(1) The Minister of Land, Infrastructure and Transport shall finalize a draft comprehensive plan reflecting the outcomes of public hearings under Article 5, after consultations with the heads of relevant central administrative agencies and deliberation by the National Smart City Committee established under Article 23. <Amended on Mar. 23, 2013; Mar. 21, 2017>
(2) Once a comprehensive plan is finalized pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall publicly announce the main details thereof in the Official Gazette without delay; and shall forward the comprehensive plan to the head of each relevant central administrative agency, the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, and Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and the head of the relevant Si/Gun (excluding the head of a Gun within the jurisdiction of a Metropolitan City; hereinafter the same shall apply). <Amended on Mar. 23, 2013; Mar. 21, 2017>
 Article 7 (Modification of Comprehensive Plans)
Articles 4 (2) through (4), 5 and 6 shall apply mutatis mutandis to modification of comprehensive plans: Provided, That this shall not apply to modification to minor matters prescribed by Presidential Decree.
 Article 8 (Formulating Smart City Plans)
(1) A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or head of a Si/Gun may formulate a smart city plan, including the following matters, for his or her jurisdiction: Provided, That he or she shall formulate a smart city plan before implementing a smart city construction project, if he or she intends to implement such project: <Amended on May 23, 2012; Mar. 21, 2017; Aug. 14, 2018>
1. Matters regarding the analysis of regional characteristics, current status, and conditions;
2. Matters regarding basic direction-setting for constructing a smart city, the goals of a plan, and the implementation strategies, based upon regional characteristics;
3. Matters regarding the phased implementation of a smart city construction project;
4. Matters regarding the system for implementing smart city development projects;
5. Matters regarding division of roles and cooperation between relevant administrative agencies;
6. Matters regarding constructing, managing, and operating smart city infrastructure;
7. Matters regarding smart city services, based upon regional characteristics;
8. Matters regarding procuring and managing funds necessary for the construction, etc. of smart cities;
9. Matters regarding national pilot smart city construction projects (limited to where a national pilot smart city is designated);
10. Other matters prescribed by Presidential Decree as necessary for the construction, etc. of smart cities.
(2) Notwithstanding the proviso of paragraph (1), a 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 having jurisdiction over the area of a smart city construction project need not formulate a smart city plan, subject to approval of the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree, if the details of the smart city plan listed in the subparagraphs of paragraph (1) are reflected in the urban or Gun master plan formulated pursuant to the National Land Planning and Utilization Act. <Amended on Apr. 14, 2011; May 23, 2012; Mar. 23, 2013; Mar. 21, 2017>
(3) Notwithstanding paragraph (1), a 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 may formulate a smart city plan covering all or part of the jurisdiction of any adjacent Special Metropolitan City, Metropolitan City or Si/Gun (excluding any Gun within the jurisdiction of a Metropolitan City), if deemed necessary in light of local conditions. In such cases, he or she shall pre-consult with the head of a relevant local government. <Amended on May 23, 2012; Mar. 21, 2017>
(4) Notwithstanding paragraphs (1) and (3), where the target area for a smart city plan spans the jurisdictions of at least two Sis/Guns within the jurisdiction of the same Do for which the competent Do Governor deems it necessary, the Do Governor may formulate a smart city plan. In such cases, the Do Governor shall hear opinions of the heads of the relevant Sis/Guns. <Newly Inserted on May 23, 2012; Mar. 21, 2017>
(5) Each smart city plan shall reflect the details of the relevant comprehensive plan; and shall comply with the urban or Gun master plan formulated under the National Land Planning and Utilization Act. <Amended on Apr. 14, 2011; May 23, 2012; Mar. 21, 2017>
(12) Deleted. <Jun. 29, 2015>
(7) A 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 may seek advice from a specialized committee established under Article 23 (4) to formulate a smart city plan. <Amended on May 23, 2012; Dec. 29, 2015; Mar. 21, 2017>
[Title Amended on Mar. 21, 2017]
 Article 9 (Holding Public Hearings to Formulate Smart City Plans)
A person who formulates a smart city plan (hereinafter referred to as "person authorized to formulate a smart city plan") may hold a public hearing, if necessary for formulating the smart city plan; and Article 5 shall apply mutatis mutandis to holding public hearings. <Amended on May 23, 2012; Mar. 21, 2017>
[Title Amended on Mar. 21, 2017]
 Article 9-2 (Proposals of Private Sectors)
(1) The Minister of Land, Infrastructure and Transport and persons who have the authority to formulate a smart city plan may propose private enterprises, individuals, organizations, and corporations (including public institutions prescribed in the Act on the Management of Public Institutions; hereinafter referred to as "private enterprise, etc.") to participate in a contest for the following projects; In such cases, a local government may propose a project jointly with a private enterprise, etc.:<Amended on Nov. 26, 2019>
1. Smart city construction projects;
2. Providing smart city services;
3. Development of smart city technologies;
4. Other matters specified by Presidential Decree.
(2) Where a person authorized to formulate a smart city plan selects a project proposed under paragraph (1) (hereinafter referred to as "project proposed by the private sector"), the person may formulate a smart city plan for the relevant project pursuant to Article 8 or amend the smart city plan pursuant to Article 11.
(3) Where a private enterprise, etc. that proposes a project for a smart city plan falls under a project implementer referred to in Article 12, the person authorized to formulate a smart city plan may designate the relevant private enterprise, etc. as the project implementer. In such cases, Article 14 shall apply mutatis mutandis to private enterprises, etc. designated as project implementers.
(4) The Minister of Land, Infrastructure and Transport may support all or part of the expenses necessary for the promotion of projects proposed by the private sector.
(5) Matters necessary for the method of proposal, criteria and procedures for selection, and subsidization of the expenses of projects proposed by the private sector shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Apr. 23, 2019]
 Article 10 (Approval of Smart City Plans)
(1) After formulating a smart city plan pursuant to Article 8, a person authorized to formulate a smart city plan shall pre-consult with the heads of relevant administrative agencies; and shall obtain approval from the Minister of Land, Infrastructure and Transport. <Amended on May 23, 2012; Mar. 23, 2013; Mar. 21, 2017>
(2) Upon obtaining approval under paragraph (1), a person authorized to formulate a smart city plan shall publicly announce the details thereof on the official bulletin without delay. <Amended on May 23, 2012; Mar. 21, 2017>
[Title Amended on Mar. 21, 2017]
 Article 11 (Modification of Smart City Plans)
Articles 8 (3) through (5), (7), and 9, 10 shall apply mutatis mutandis to modification of smart city plans: Provided, That this shall not apply to any modification to minor matters prescribed by Presidential Decree. <Amended on May 23, 2012; Mar. 21, 2017>
[Title Amended on Mar. 21, 2017]
CHAPTER III IMPLEMENTING SMART CITY CONSTRUCTION PROJECTS
 Article 12 (Project Implementers)
(1) Any of the following persons may implement a smart city construction project: Provided, That any entity referred to in subparagraphs 2 through 6 may implement a smart city construction project after obtaining designation from the approval authority for implementation plans provided for in Article 14 (2) as the implementer of the smart city construction project, as prescribed by Presidential Decree: <Amended on May 23, 2012; Dec. 29, 2015; Feb. 8, 2017; Mar. 21, 2017; Apr. 23, 2019>
1. The State or a local government;
2. The Korea Land and Housing Corporation incorporated under the Korea Land and Housing Corporation Act or other public institutions prescribed by Presidential Decree among public institutions subject to the Act on the Management of Public Institutions;
3. A local government-invested public corporation incorporated pursuant to the Local Public Enterprises Act;
5. Project operators prescribed in the Act on Public-Private Partnerships in Infrastructure;
6. A corporation that meets the requirements prescribed by Presidential Decree as a corporation established by jointly investing with a private project implementer for the efficient creation of a smart city by persons falling under subparagraphs 1 through 3.
(2) The State or a local government may implement a smart city construction project jointly with any person referred to in paragraph (1) 2 through 6. <Amended on Mar. 21, 2017; Apr. 23, 2019>
(3) Projects for constructing smart city infrastructure, advancing its functions, or facilitating the linkage of smart city services may be implemented by any person referred to in paragraph (1) 1 through 3 or the following persons: <Newly Inserted on Mar. 21, 2017; Jun. 9, 2020>
1. A constructor under the Framework Act on the Construction Industry;
2. An electrical constructor under the Electrical Construction Business Act;
3. A telecommunications business operator licensed, reported, or registered under the Telecommunications Business Act;
4. An information and communications construction business operator under the Information and Communications Construction Business Act;
5. A software business operator under the Software Promotion Act;
6. Any other project implementer prescribed by Presidential Decree.
 Article 13 Deleted. <Dec. 29, 2015>
 Article 14 (Implementation Plans for Smart City Construction Projects)
(1) Each project implementer shall formulate an implementation plan for the relevant smart city construction project (hereinafter referred to as "implementation plan"), including the following matters: <Amended on Dec. 29, 2015; Mar. 21, 2017>
1. The name and scope of the project;
2. The objectives of and basic direction-setting for the project;
3. The project implementer;
4. The period for implementing the project;
5. The implementation method of the project;
6. Annual investment and funding plans (including a cost sharing plan);
7. Matters regarding constructing, managing, and operating smart city infrastructure;
8. Matters regarding providing smart city services;
9. Matters regarding smart city technologies;
10. Other matters prescribed by Presidential Decree as necessary for constructing smart cities.
(2) When any project implementer other than the State or a local government formulates an implementation plan pursuant to paragraph (1), he or she shall obtain approval from the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun (referring to the competent Do Governor, if the project area extends over the jurisdictions of at least two Sis/Guns within the jurisdiction of the same Do; and the Minister of Land, Infrastructure and Transport, if the project area extends over the jurisdictions of at least two of the Special Metropolitan City, Metropolitan Cities, and/or Dos; hereafter in this Article and Articles 15 and 16 referred to as "approval authority for implementation plans") for the relevant implementation plan. <Amended on May 23, 2012; Mar. 23, 2013>
(3) When the Minister of Land, Infrastructure and Transport (if the State is a project implementer) or the head of a local government formulates an implementation plan pursuant to paragraph (1), or when the approval authority for implementation plans approves an implementation plan pursuant to paragraph (2), he or she shall pre-consult with the heads of relevant administrative agencies. <Amended on May 23, 2012; Mar. 23, 2013>
(4) Where the Minister of Land, Infrastructure and Transport (where the State is a project implementer) or the head of a local government has formulated an implementation plan pursuant to paragraph (1) or where the approval authority for implementation plans has approved an implementation plan pursuant to paragraph (2), he or she shall publicly announce the formulation or approval of the project plan in the Official Gazette or on the relevant official bulletin; and the Minister of Land, Infrastructure and Transport or a Do Governor shall forward relevant documents to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor or head of the Si/Gun having jurisdiction over the relevant project area after granting approval of an implementation plan. <Amended on May 23, 2012; Mar. 23, 2013>
(5) Paragraphs (2) through (4) shall apply mutatis mutandis to revisions of an implementation plan: Provided, That the foregoing shall not apply to modifying any minor matters prescribed by Presidential Decree.
[Title Amended on Mar. 21, 2017]
 Article 15 (Legal Fiction of Authorization and Permission under Other Acts)
(1) When the State or any local government formulates an implementation plan pursuant to Article 14 (1) or the approval authority for implementation plans approves an implementation plan pursuant to Article 14 (2), the following approval, permission, authorization, decision, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted regarding matters on which the heads of relevant administrative agencies has consulted under paragraph (3); When the formulation or approval of an implementation plan is publicly announced pursuant to Article 14 (4), the authorization, permission, etc. shall be deemed publicly notified or announced pursuant to the following statutes: <Amended on Dec. 26, 2008; Act Nos. 9758 & 9763 & 9770, Jun. 9, 2009; May 31, 2010; Apr. 14, 2011; Aug. 4, 2011; Jan. 14, 2014; Dec. 27, 2016; Jan. 17, 2017; Aug. 9, 2017; Nov. 28, 2017>
1. A decision on an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act (limited to matters regarding constructing, improving or ameliorating infrastructure), permission to occupy and use a common duct under Article 44 (4) of the aforesaid Act, permission for development acts under Article 56 of the aforesaid Act, designation of the implementer of an urban or Gun planning facility project under Article 86 of the aforesaid Act, or approval of an implementation plan under Article 88 of the aforesaid Act;
2. Permission to occupy and use a public sewerage system under Article 24 of the Sewerage Act;
3. Permission to occupy and use a river under Article 33 of the River Act;
4. Permission to occupy and use a small river under Article 14 of the Small River Maintenance Act;
5. Permission to occupy and use a road under Article 61 of the Road Act;
6. Reporting of a road construction project under Article 69 of the Road Traffic Act;
7. Building permission granted under Article 11 of the Building Act, reporting of a building project under Article 14 of the aforesaid Act, permission for, or reporting of, constructing a temporary building under Article 20 of the aforesaid Act, consultation on construction of a public building under Article 29 of the aforesaid Act, or reporting of construction of a structure, such as a retaining wall, under Article 83 of the aforesaid Act;
8. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act;
9. Permission to use or profit from any administrative property or preserved property under Article 24 of the State Property Act;
10. Permission to use or profit from any administrative property under Article 20 of the Public Property and Commodity Management Act;
11. Permission for, or consultation about, converting farmland under Article 34 of the Farmland Act, reporting on converting farmland under Article 35 of the aforesaid Act, or permission for, or consultation about, the temporary use of farmland for any other purpose under Article 36 of the aforesaid Act;
12. Permission to use agricultural production infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
13. Permission for, or reporting on, converting a mountainous district under Articles 14 and 15 of the Mountainous Districts Management Act and permission for, or reporting on, the temporary use of a mountainous district under Article 15-2 of the same Act;
14. Permission for, or reporting on, cutting trees, etc. under Article 36 of the Creation and Management of Forest Resources Act or permission for, or reporting on, acts within a forest conservation zone (excluding conservation zones for forest gene resources) under Article 9 (1) and (2) 1 and 2 of the Forest Protection Act;
15. Permission to cut trees within an erosion control area under Article 14 of the Erosion Control Work Act;
16. Permission to divert grassland under Article 23 of the Grassland Act;
17. Consent to building permission, etc. under Article 7 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems;
18. Reporting of commencing a project for installing a fire-fighting system under Article 13 of the Fire-Fighting System Installation Business Act;
19. Permission to occupy and use an urban park under Article 24 of the Act on Urban Parks and Green Areas, permission to engage in acts in an urban natural park zone under Article 27 of the aforesaid Act, or permission to occupy and use a green area under Article 38 of the aforesaid Act;
20. A decision on a measuring network installation plan under Article 6 of the Soil Environment Conservation Act;
21. A decision on a measuring network installation plan under Article 4 of the Clean Air Conservation Act;
22. A decision on a measuring network installation plan under Article 9-2 of the Water Environment Conservation Act;
23. A decision on a measuring network installation plan under Article 4 of the Noise and Vibration Control Act.
(2) Any project implementer who intends to obtain constructive authorization, permission, etc. (excluding the State and local governments) shall also submit the documents required under relevant statutes, when filing an application for approval of an implementation plan or any modification thereto.
(3) When the Minister of Land, Infrastructure and Transport (referring to where the State is a project implementer) or the head of a local government formulates an implementation plan pursuant to paragraph 14 (1) or the approval authority for implementation plans approves an implementation plan pursuant to paragraph 14 (2), he or she shall pre-consult with the head of a relevant central administrative agency, if the implementation plan includes any matter referred to in the subparagraphs of paragraph (1). In such cases, the head of the relevant central administrative agency shall present his or her opinion within the period prescribed by Presidential Decree after receipt of a request for consultation. <Amended on Mar. 23, 2013>
 Article 16 (Completion Inspection)
(1) Upon completing a smart city construction project, the relevant project implementer (excluding the State and local governments) shall undergo a completion inspection by the approval authority for implementation plans, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017>
(2) The approval authority for implementation plans shall issue a completion inspection certificate to the relevant project implementer if the completion inspection concludes that a smart city construction project has been completed in accordance with the relevant implementation plan. <Amended on Mar. 21, 2017>
(3) When the State or a local government completes a smart city construction project or a project implementer referred to in paragraph (1) has successfully passed the completion inspection, an inspection of, authorization for, reporting of, or confirmation of the completion of the relevant project shall be deemed to have been conducted, granted, or made in connection with the authorization, permission, etc. referred to in each subparagraph of Article 15 (1). <Amended on Mar. 21, 2017>
(4) Except as provided in paragraphs (1) through (3), matters concerning completion inspections shall be prescribed by Presidential Decree.
 Article 17 (Special Cases concerning Approval of Implementation Plans)
(1) Any project implementer shall be deemed to have formulated, or have obtained approval of, an implementation plan in accordance with Article 14, when it formulates, and obtains approval of, a development plan and an implementation plan in which the details of the implementation plan under Article 14 are included, while conducting a project under any other statutes. <Amended on Dec. 29, 2015>
(2) Any project implementer shall be deemed to have successfully passed a completion inspection in accordance with Article 16, where it received such inspection for the project under paragraph (1).
[Title Amended on Dec. 29, 2015]
 Article 18 (Ownership of Public Facilities)
(1) Facilities established by a project implementer as part of smart city infrastructure, the ownership of which is determined to be gratuitously vested in accordance with the relevant implementation plan, shall be deemed public facilities; and Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the vesting of the ownership of such facilities. <Amended on Mar. 21, 2017>
(2) Except as provided in this Act or any other statutes, public facilities referred to in paragraph (1) shall be managed by the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun until such public facilities vest in the administration office upon the completion of establishment: Provided, That where the Special Metropolitan City Mayor or Metropolitan City Mayor has had prior consultation with the head of a Gu (referring to the head of an autonomous Gu) having jurisdiction over the relevant district, the head of the Gu may manage such facilities. <Amended on May 23, 2012>
(3) Except as provided in paragraphs (1) and (2), matters regarding the vesting of ownership and management of public facilities shall be prescribed by Presidential Decree.
 Article 19 (Managing and Operating Smart City Infrastructure)
(1) A Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun shall manage smart city infrastructure, the administration office of which has not been designated by any other statutes among smart city infrastructure. <Amended on May 23, 2012; Mar. 21, 2017>
(2) If the administration office of smart city infrastructure deems it necessary for efficiently managing and operating the smart city infrastructure, it may consult with an administration office of other facilities related to such smart city infrastructure to jointly manage and operate such facilities. <Amended on Mar. 21, 2017>
(3) The administration office of smart city infrastructure may wholly or partially entrust business affairs related to the management and operation of the smart city infrastructure to an institution prescribed by Presidential Decree among the institutions that have experts or an organization for managing and operating smart city infrastructure, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017>
(4) Other matters necessary for efficiently managing and operating smart city infrastructure shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2017>
(5) The head of a local government may formulate a management and operation plan for smart city infrastructure under paragraphs (2) through (4) after consulting with the administration office of the smart city infrastructure. <Amended on Mar. 21, 2017>
(6) The head of a local government may prescribe matters concerning the formulation of the operation plan under paragraph (5) and other matters necessary for managing and operating smart city infrastructure by its municipal ordinance. <Amended on Mar. 21, 2017>
[Title Amended on Mar. 21, 2017]
CHAPTER III-2 VITALIZING SMART CITY SERVICES
 Article 19-2 (Vitalizing Distribution of Information on Smart City Services)
(1) The administration office of smart city infrastructure may provide relevant information to a person who intends to process, utilize, or distribute information collected for smart city services: Provided, That the foregoing shall not apply to any information that is prohibited from disclosure or release under other statutes or regulations. <Amended on Mar. 21, 2017>
(2) The administration office of smart city infrastructure may collect charges for providing information pursuant to paragraph (1). <Amended on Mar. 21, 2017>
(3) The Minister of Land, Infrastructure and Transport shall formulate policies to facilitate the distribution of information pursuant to paragraph (1) and to promote related industries. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on May 23, 2012]
[Title Amended on Mar. 21, 2017]
 Article 19-3 (Utilization of Smart City Infrastructure)
(1) The administration office of smart city infrastructure may allow a person who intends to develop or improve smart city services or smart city technologies to perform tests, etc. utilizing the smart city infrastructure at a cost. <Amended on Mar. 21, 2017>
(2) The Minister of Land, Infrastructure and Transport may partially subsidize the expenses incurred by the administration office of smart city infrastructure to develop and improve smart city services or smart city technologies within budgetary limits. <Amended on Mar. 23, 2013; Mar. 21, 2017>
[This Article Newly Inserted on May 23, 2012]
[Title Amended on Mar. 21, 2017]
 Article 19-4 (Designation of Supporting Agencies for Smart City Services)
(1) To vitalize smart city services, the Minister of the Land, Infrastructure and Transport may designate a research institute, organization, or corporation meeting the requirements prescribed by Presidential Decree in terms of experts, facilities, etc. as a supporting agency for smart city services (hereinafter referred to as "supporting agency"). <Amended on Mar. 23, 2013; Mar. 21, 2017>
(2) A supporting agency shall perform the following duties: <Amended on Mar. 21, 2017>
1. Distribution of information on smart city services, and surveys and analyses of the status of distribution thereof;
2. Quality certification for products and services related to smart cities;
3. Research and development of smart city technologies;
4. Support for standardization of smart cities;
5. Training of and support for experts in smart cities;
6. Support for exportation of smart cities and smart city technologies;
7. Support for certification of smart cities;
8. Surveys and analysis of the status of using smart city services;
9. Other supports for publicity activities, development of policies, and improvement of systems for vitalizing smart cities.
(3) The Minister of Land, Infrastructure and Transport may fully or partially subsidize the expenses incurred by a supporting agency designated under paragraph (1) in performing the duties prescribed in paragraph (2) within budgetary limits. <Amended on Mar. 23, 2013>
(4) Where a supporting agency falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation or order full or partial suspension of its duties within a period not exceeding six months: Provided, That such designation shall be revoked in the case of subparagraph 1: <Amended on Mar. 23, 2013>
1. Where the trading agency has obtained the designation by fraud or other improper means;
2. Where the support organization has performed any affairs in violation of any matter designated thereto;
3. Where it fails to meet any of the requirements for designation referred to in paragraph (1).
(5) Matters regarding the standards and procedures for designating supporting agencies and revoking such designation, the operation of supporting agencies, and other related matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted on May 23, 2012]
[Title Amended on Mar. 21, 2017]
 Article 19-5 (Linkage and Integration of Information Systems Related to Smart City Services)
(1) The administration office of smart city infrastructure shall ensure that the information collected to provide smart city services is linked to facilities for managing and operating a smart city, such as an integrated operation center of a smart city referred to in subparagraph 3 (c) of Article 2 (hereafter in this Article referred to as "facilities for managing and operating a smart city”).
(2) To provide smart city services in an integrated and efficient manner, the administration office of smart city infrastructure shall manage the information systems within the facilities for managing and operating a smart city so that the systems can be linked and integrated.
(3) The Minister of Land, Infrastructure and Transport may partially subsidize the costs of projects for linking and integrating information systems pursuant to paragraphs (1) and (2) within budgetary limits.
[This Article Newly Inserted on Mar. 21, 2017]
CHAPTER IV STANDARDS FOR SMART CITY TECHNOLOGIES AND PROTECTION OF INFORMATION
 Article 20 (Standards for Convergence Technologies)
(1) The Minister of Land, Infrastructure and Transport may establish and publicly notify standards for convergence technologies of construction and information and communications (hereinafter referred to as "convergence technologies") after consulting with the heads of relevant central administrative agencies prescribed by Presidential Decree, including the Minister of the Interior and Safety: Provided, That if the Korea Industrial Standards are already established pursuant to the Industrial Standardization Act regarding any technology utilized in convergence technologies, such technology shall comply with the aforesaid Standards; and information and communications technologies utilized in convergence technologies shall comply with the standards prescribed by the head of each central administrative agency pursuant to the relevant statutes, while technologies related to transportation shall comply with the standards established for the standards of technologies related to transportation among convergence technologies under any other statutes, if such standards exist. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) Interoperability between smart cities and expandability of convergence technologies shall be taken into consideration in establishing the standards for convergence technologies pursuant to paragraph (1). <Amended on Mar. 21, 2017>
 Article 21 (Protection of Personal Information)
Personal information collected, used, provided, retained, managed, and destroyed (hereinafter referred to as "handled") in the course of managing smart cities and providing smart city services shall be handled lawfully and safely within the extent necessary in compliance with relevant statutes or regulations. <Amended on Mar. 21, 2017>
 Article 22 (Protection of Smart City Infrastructure)
(1) The Minister of the Interior and Safety shall designate facilities prescribed by Presidential Decree, among smart city infrastructure, as major information and communications infrastructure according to the standards and procedures provided for in Article 8 of the Act on the Protection of Information and Communications Infrastructure after consulting with the head of the competent local government. <Amended on Mar. 23, 2013; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017>
(2) Any private business entity not falling under Article 12 (1) 1 through 3 may obtain certification under Article 47 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection for smart city infrastructure. <Amended on Mar. 21, 2017>
[Title Amended on Mar. 21, 2017]
CHAPTER V SMART CITY PROMOTION SYSTEM
 Article 23 (National Smart City Committee)
(1) A Smart City Committee (hereinafter referred to as the "Committee") shall be established under the Ministry of Land, Infrastructure and Transport to deliberate on the following matters regarding smart cities: <Amended on Dec. 29, 2015; Mar. 21, 2017; Aug. 14, 2018; Nov. 26, 2019>
1. Matters regarding comprehensive plans;
2. Matters regarding smart city construction projects implemented by the State;
3. Matters regarding the coordination of opinions between the heads of central administrative agencies and the heads of local governments;
4. Matters regarding the Government's support for vitalizing smart cities;
5. Matters regarding linkage and integration of sectoral information systems for vitalizing smart city services;
6. Matters regarding the designation of national pilot smart cities, cancellation of such designation, and amendment of the scope of designation;
7. Matters regarding the designation of innovative growth promotion zones or amendment or cancellation of such designation;
8. Matters tabled by the Committee chairperson to the Committee regarding smart cities;
9. Matters regarding designating, modifying or rescinding designation of a smart regulation innovation district;
10. Matters regarding approving and altering a plan for a smart regulation innovation district;
11. Matters regarding approving, altering, or revoking smart innovation projects or smart demonstration projects;
12. Other important matters prescribed by Presidential Decree.
(2) The Committee shall be comprised of not more than 30 members, including two chairperson and three vice chairpersons. <Amended on May 23, 2012; Nov. 26, 2019; Jun 9, 2020>
(3) The Minister of Land, Infrastructure and Transport and one person commissioned by the President from among members falling under subparagraphs 1 and 2 shall be jointly the chairpersons, the Vice Minister of Science and ICT, the Vice Minister of the Interior and Safety, and the Vice Minister of Land, Infrastructure and Transport shall be the vice chairpersons, and the members shall be the following persons: <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 29, 2015; Mar. 21, 2017; Jul. 26, 2017; Nov. 26, 2019; Jun. 9, 2020>
1. Persons with extensive knowledge of and experience in smart cities, and who are commissioned by the Minister of Land, Infrastructure and Transport;
2. Persons commissioned by the Minister of Land, Infrastructure and Transport, who are experts with extensive knowledge of and experience in regulatory innovation or innovation industries;
3. Vice-minister or vice-minister level public officials of related central administrative agencies related to smart innovation projects subject to deliberation;
4. The head of the relevant local government of the smart innovation project subject to deliberation (a Vice-Mayor or Vice Governor in cases of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province);
5. Vice Ministers of the central administrative agencies prescribed by Presidential Decree.
(4) A specialized committee or a consultative body comprised of local governments may be established to support Committee deliberations, as prescribed by Presidential Decree. <Newly Inserted on Dec. 29, 2015; Mar. 21, 2017>
(5) Except as provided in paragraphs (1) through (4), matters necessary for organizing and operating the Committee shall be prescribed by Presidential Decree. <Amended on Dec. 29, 2015>
[Title Amended on Mar. 21, 2017]
 Article 23-2 (Supporting Bureau for National Pilot Smart Cities)
(1) The Supporting Bureau for National Pilot Smart Cities (hereinafter referred to as the "Supporting Bureau") shall be established within the Ministry of Land, Infrastructure and Transport to assist the following activities, including designating, operating, efficiently developing, and supporting national pilot smart cities:
1. Designating, operating, and developing national pilot smart cities;
2. Establishing a cooperation system for developing national pilot smart cities;
3. Other matters specified by Presidential Decree.
(2) Matters necessary for organizing and operating the Supporting Bureau shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 14, 2018]
 Article 24 (Consultative Council for Smart City Projects)
(1) The head of any local government who intends to promote a smart city construction project or a similar project shall organize and operate a consultative council for smart city projects (hereinafter referred to as the "Consultative Council") to consult on the following for promoting the project: <Amended on Dec. 29, 2015; Mar. 21, 2017>
1. Matters regarding the implementation plan;
2. Matters regarding the schemes for managing and operating smart city infrastructure and for securing financial resources therefor;
3. Matters regarding transferring and acquiring smart city infrastructure;
4. Other matters prescribed by Presidential Decree to facilitate the implementation of the smart city project.
(2) The Consultative Council shall be comprised of not more than 25 persons who are: <Amended on May 23, 2012; Mar. 21, 2017>
1. Public officials of relevant administrative agencies;
2. Public officials of the local government;
3. The project implementer;
4. Experts in urban planning or information and communications;
5. Residents in the target region for a smart city construction project;
6. Experts in smart city services.
(3) Except as provided in paragraphs (1) and (2), matters necessary for organizing and operating the Consultative Council shall be prescribed by ordinance of the local government.
[Title Amended on Mar. 21, 2017]
 Article 24-2 (Association of Smart Cities)
(1) Smart city business entities, etc. may establish the Association of Smart Cities (hereinafter referred to as the "Association") to promote sound development of smart cities and the common interests.
(2) The Association shall be incorporated as a corporation.
(3) The Association shall perform the following duties:
1. Collecting and analyzing data and information on smart cities;
2. Proposing policies and providing recommendations for improving systems for developing smart cities;
3. Matters regarding international cooperation for smart cities and support for overseas expansion;
4. Education and training of people related to smart cities;
5. Consulting on smart city technologies;
6. Affairs related to supporting the confirmation of performance of smart cities;
7. Affairs entrusted by the Minister of Land, Infrastructure and Transport;
8. Other services necessary to achieve the purposes for which the Association is established.
(4) The Association shall be duly established when the registration for its establishment is completed at the registry office having jurisdiction over its principal office after obtaining authorization from the Minister of Land, Infrastructure and Transport.
(5) Except as provided in this Act, the provisions of the Civil Act pertaining to incorporated associations shall apply mutatis mutandis to the Association.
(6) The organizational structure of the Association and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 21, 2017]
 Article 24-3 (Guidance and Supervision)
(1) If necessary for supervising the implementer of a smart city project and the Association, the Minister of Land, Infrastructure and Transport may require them to submit a report or materials on their business, or may issue other necessary orders; and may have public officials under his or her control enter their offices and investigate or inspect books, documents, etc. <Amended on Jun. 9, 2020>
(2) A public official who enters an office to conduct an inspection, etc. pursuant to paragraph (1) shall carry a document indicating his or her authority and show it to interested persons.
[This Article Newly Inserted on Mar. 21, 2017]
CHAPTER VI SUPPORT FOR SMART CITY INDUSTRY
 Article 25 (Policies for Fostering and Supporting Smart City Industry)
The Minister of Land, Infrastructure and Transport may formulate policy measures for fostering and supporting the smart city industry containing the following matters, in conjunction with the comprehensive plan for smart cities formulated pursuant to Article 4:
1. Basic direction-setting for policies for promoting the smart city industry;
2. Matters regarding sectional policy measures for promoting the smart city industry;
3. Matters regarding fostering the smart city industry;
4. Matters regarding the advancement and internationalization of the smart city industry;
5. Matters regarding division of roles among central government agencies, local governments, and private business entities relating to the smart city industry;
6. Other matters necessary for promoting the smart city industry.
[This Article Newly Inserted on Mar. 21, 2017]
[Previous Article 25 Moved to Article 26 <Mar. 21, 2017>]
 Article 26 (Subsidies and Loans)
(1) The State may grant subsidies or loans from the budget for some of the costs associated with a smart city construction project implemented by any local government, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017>
(2) The State or each local government may grant subsidies or loans for some of the costs of a smart city construction project implemented by any person, other than the State or a local government, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017>
[Moved from Article 25; Previous Article 26 moved to Article 27 <Mar. 21, 2017>]
 Article 27 (Research and Development)
The State and local governments may promote and support the following activities for such purposes as developing smart city technologies, improving the level of smart city technologies, and promoting overseas export: <Amended on Mar. 21, 2017>
1. Research and development of smart city technologies and transfer and distribution of such technologies;
2. Joint research and development with industries, academics, and research institutes;
3. Deleted; <Mar. 21, 2017>
4. Enhancing small and medium enterprises’ competitiveness in smart city technologies.
[Moved from Article 26; Previous Article 27 moved to Article 28<Mar. 21, 2017>]
 Article 28 (Training of Professionals)
(1) The State and local governments may support the following activities to systematically train experts necessary for developing, managing, and operating smart cities, vitalizing smart city services, supporting the smart city industry, etc.: <Amended on Mar. 21, 2017>
1. Domestic and overseas training of experts in smart cities;
2. Development and distribution of educational programs about smart cities.
(2) If necessary for supporting the activities provided for in paragraph (1), the State and local governments may designate an institution or organization related to training experts in smart cities as a cooperation institution. <Amended on Mar. 21, 2017>
[Moved from Article 27; Previous Article 28 moved to Article 29 <Mar. 21, 2017>]
 Article 29 (Designation of and Support for Specialized Complexes for Smart Cities)
(1) The Minister of Land, Infrastructure and Transport may designate a specialized complex for smart cities after consulting with the heads of relevant central administrative agencies and the heads of local governments, to develop, manage, and operate smart cities, to vitalize smart city services, and to facilitate support for the smart city industry, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Mar. 21, 2017>
(2) The Minister of Land, Infrastructure and Transport may provide necessary administrative, financial, or technical support to any specialized complex for smart cities designated pursuant to paragraph (1). <Amended on Mar. 23, 2013; Mar. 21, 2017>
[Title Amended on Mar. 21, 2017]
[Moved from Article 28<Mar. 21, 2017>]
 Article 30 (International Cooperation and Support for Entry into Foreign Markets)
(1) The State may support international cooperation in the field of smart city and overseas expansion of the domestic smart city industry.
(2) The State may support overseas smart city projects by providing grant aids or loans under the Framework Act on International Development Cooperation and the Economic Development Cooperation Fund Act.
[This Article Newly Inserted on Mar. 21, 2017]
 Article 31 (Financial Support)
(1) Korea Credit Guarantee Fund established under the Credit Guarantee Fund Act and Korea Technology Finance Corporation established under the Korea Technology Finance Corporation Act may provide preferential treatment to smart city projects in terms of guarantee conditions, such as guarantee limits and guarantee fees.
(2) The Minister of Land, Infrastructure and Transport may subsidize smart city projects, etc. from the Housing and Urban Fund established under the Housing and Urban Fund Act.
[This Article Newly Inserted on Mar. 21, 2017]
 Article 32 (Certification of Smart Cities)
(1) The Minister of Land, Infrastructure and Transport may certify the following to improve the level of smart cities and to facilitate vitalization of the smart city industry:
1. Smart cities;
2. Smart city infrastructure;
3. Services related to smart cities;
4. Other matters specified by Presidential Decree.
(2) Details regarding the standards for and methods of certification under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 21, 2017]
 Article 33 (Revocation of Certification)
The Minister of Land, Infrastructure and Transport may revoke certification that a person has obtained pursuant to Article 32 (1), as prescribed by Presidential Decree, in any of the following cases: Provided, That such certification shall be revoked in the case of subparagraph 1:
1. Where the person was certified by fraud or other improper means;
2. Where the person fails to meet any of the certification standards established pursuant to Article 32 (2).
[This Article Newly Inserted on Mar. 21, 2017]
 Article 34 (Placing Certification Marks)
(1) A person who was certified pursuant to Article 32 (1) may use a certification mark for the relevant smart city, smart city infrastructure, services related to the smart city, etc.; or may publicize that the person was certified (including publicity through electronic means such as the Internet; hereinafter the same shall apply), as prescribed by Presidential Decree.
(2) A person who fails to be certified pursuant to Article 32 (1) shall neither use a certification mark under Article 32 (1) or any similar mark, nor publicize as if the person was certified.
[This Article Newly Inserted on Mar. 21, 2017]
 Article 34-2 (Delegation and Entrustment of Authority and Duties)
(1) The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport may fully or partially entrust his or her duties under this Act to the supporting agencies referred to in Article 19-4 and the agencies and organizations related to the development of smart cities, as prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport may, in whole or in part, support expenses incurred in performing the entrusted duties under paragraph (2).
[This Article Newly Inserted on Apr. 23, 2019]
CHAPTER VII DESIGNATION OF, SUPPORT FOR, NATIONAL PILOT SMART CITIES
 Article 35 (Designation of National Pilot Smart Cities)
(1) To support developing and fostering smart city services and smart city technologies and to establish leading smart cities, the Minister of Land, Infrastructure and Transport may designate any of the following areas as a national pilot smart city, at his or her discretion or at the request of the head of a related central administrative agency; the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor; or the head of the competent Si/Gun (hereinafter referred to as the "head of the competent local government"):
1. An area with high potential of growth as a hub for innovative growth of the area in conjunction with the smart city industry in its adjacent area;
2. An area expected to have good conditions for research and development of smart city services and smart city technologies and for establishing infrastructure for a smart city;
3. An area in which it is easy for the State or the competent local government to support fostering the smart city industry;
4. Any other area that meets the requirements prescribed by Presidential Decree.
(2) Where the Minister of Land, Infrastructure and Transport intends to designate an area as a national pilot smart city under paragraph (1), he or she shall seek the opinion of the head of the competent local government, shall consult with the head of the relevant central administrative agency, and shall submit the case to the Committee for deliberation.
(3) Where it is necessary to amend the scope of a designated national pilot smart city, the Minister of Land, Infrastructure and Transport may do so, at his or her discretion or at the request of the head of the relevant central administrative agency or the head of the competent local government. In such cases, paragraph (2) shall apply mutatis mutandis to the procedures for amending the scope of a national pilot smart city.
(4) If a national pilot smart city ceases to meet the designation standards prescribed by Presidential Decree, the Minister of Land, Infrastructure and Transport may cancel its designation, at his or her discretion or at the request of the head of the relevant central administrative agency or the head of the competent local government. In such cases, paragraph (2) shall apply mutatis mutandis to the procedures for cancelling the designation.
(5) If necessary for the designation under paragraph (1), the amendment under paragraph (3), or the cancellation under paragraph (4), the Minister of Land, Infrastructure and Transport may request the head of the competent local government or the head of the relevant central administrative agency to submit data.
(6) When the Minister of Land, Infrastructure and Transport designates a national pilot smart city, cancels such designation, or amends the scope of a national pilot smart city under paragraph (1), (3), or (4), he or she shall publicly notify the fact in the Official Gazette and shall send copies of the relevant documents to the head of the competent local government. In such cases, the head of the competent local government shall make available the content of the copies of the relevant documents to the general public for inspection for at least 14 days.
(7) Other matters necessary for the standards, procedures, methods, etc. for designating national pilot smart cities shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 14, 2018]
[Previous Article 35 moved to Article 47 <Aug. 14, 2018>]
 Article 35-2 (Operation of General Planner)
(1) The Minister of Land, Infrastructure and Transport may appoint a private expert in the field of smart cities as a general planner to perform the following affairs regarding promoting and operating national pilot smart city construction projects:
1. Support for establishment of plans for national pilot smart city construction projects;
2. Support for implementing and managing smart city construction projects;
3. Other matters prescribed Presidential Decree, such as the management of and support, etc. for national pilot smart city construction projects.
(6) Matters necessary for qualification requirements, scope of work, operation, etc. of a general planner under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Apr. 23, 2019]
 Article 35-3 (Performance Evaluation and Disclosure of Evaluation Results)
(1) Where the Minister of Land, Infrastructure and Transport designates a national pilot smart city, the objectives and performance indices of the national pilot smart city construction project (referring to indices by which the degree of achievement of the objectives can be measured objectively);hereinafter the same shall apply) shall be established.
(2) The Minister of Land, Infrastructure and Transport shall conduct performance evaluation of national pilot smart city construction projects based on the objectives and performance indices established pursuant to paragraph (1), and disclose the results thereof.
(3) Matters concerning the method of performance evaluation and the method and time of disclosure of results under paragraph (2) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Newly Inserted on Nov. 26, 2019]
 Article 36 (Support for National Pilot Smart Cities)
(1) The State and local governments may provide necessary support in terms of budgets and others to the national pilot smart cities designated under Article 35 (1).
(2) Where it is necessary to substantiate and proliferate projects prescribed by Presidential Decree, such as the development of smart city technologies, in connection with national pilot smart cities in areas, other than national pilot smart cities, the State and local governments may provide necessary support, such as budgets. <Newly Inserted on Apr. 23, 2019>
(3) If necessary for providing support under paragraphs (1) and (2), the Minister of Land, Infrastructure and Transport may request the head of the competent local government to submit data. <Amended on Apr. 23, 2019>
(4) Necessary matters regarding support standards and support contents, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Apr. 23, 2019>
[This Article Newly Inserted on Aug. 14, 2018]
 Article 37 (Exclusion of Other Statutes or Regulations regarding Using Anonymized Personal Information)
The Personal Information Protection Act, the Act on the Protection and Use of Location Information, and the Act on Promotion of Information and Communications Network Utilization and Information Protection shall not apply to the head of a relevant central administrative agency responsible for national pilot smart cities, the head of the competent local government, the implementer of a national pilot smart city construction project, a smart city service provider in a national pilot smart city, and other persons prescribed by Presidential Decree if the personal information collected by any of them is utilized after being anonymized so as to make it impossible to identify a specific person with such personal information even when such personal information is combined with other information after such personal information is completely or partially deleted or replaced.
[This Article Newly Inserted on Aug. 14, 2018]
 Article 38 (Special Cases concerning Supply of Land Developed in National Pilot Smart Cities)
(1) A project implementer who intends to implement a smart city construction project in a national pilot smart city may invite public participation in the project plan, etc. for such smart city construction project, as prescribed by Presidential Decree.
(2) A project implementer may provide the land, buildings, structures, or others developed by a smart city construction project to the persons selected through public participation procedures under paragraph (1), under a no-bid contract, as prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 14, 2018]
 Article 39 (Special Cases concerning Operation of Autonomous Driving Motor Vehicles)
Where it is intended to operate an autonomous driving motor vehicle, defined in subparagraph 1-3 of Article 2 of the Motor Vehicle Management Act, in a national pilot smart city for the purposes of research and development, Article 49 (1) 10, 11, and 11-2 of the Road Traffic Act shall not apply, unless operating such vehicle causes a hazard to other persons or any danger to traffic.
[This Article Newly Inserted on Aug. 14, 2018]
 Article 40 (Special Cases concerning Unmanned Aerial Vehicles)
If a person who intends to use an unmanned aerial vehicle, as one of the ultra-light vehicles defined in subparagraph 3 of Article 2 of the Aviation Safety Act, in a national pilot smart city for the purposes of research and development, public order, national security, or safety has filed a report on the ultra-light vehicle pursuant to Article 122 of the Aviation Safety Act, such person shall be deemed to have obtained approval under the proviso of Article 9 (1) 4 of the Protection of Military Bases and Installments Act in the limited area designated by the Minister of Land, Infrastructure and Transport in consultation with the commander of the jurisdictional military unit, etc. under Article 8 (2) of the Protection of Military Bases and Installments Act.
[This Article Newly Inserted on Aug. 14, 2018]
 Article 41 (Special Cases concerning Participation in Software Projects)
(1) Where the State, a local government, or a public institution under the Act on the Management of Public Institutions (hereinafter referred to as "State agency or other relevant authority") awards a contract for a project for software business defined in subparagraph 3 of Article 2 of the Software Promotion Act to implement a national pilot smart city construction project, Article 48 (2) though (5) of the same Act need not apply thereto. <Amended on Jun. 9, 2020>
(2) Where Article 48 (2) though (5) of the Software Promotion Act is not applicable pursuant to paragraph (1), a State agency or other relevant authority shall not permit either of the following software business operators to participate in a bid, alone or through a consortium of the relevant software business operators: Provided, That the foregoing shall not apply to cases prescribed by Presidential Decree as those where participation by a software business operator referred to in the subparagraphs of the main sentence is inevitable: <Amended on Jun. 9, 2020>
1. An enterprise prescribed by Presidential Decree, among the business entities reported as software business operators pursuant to subparagraph 4 of Article 2 of the Software Promotion Act but not classified as small or medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises;
2. A company that belongs to a business group designated under Article 14 of the Monopoly Regulation and Fair Trade Act as a business group subject to limitations on cross shareholding (excluding public institutions under Article 4 of the Act on the Management of Public Institutions).
(3) Matters regarding the criteria, methods, procedures, etc. for the restrictions on participation in a bid under the main sentence of paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 14, 2018]
 Article 42 (Special Cases concerning Use of Private Telecommunications Equipment and Facilities)
(1) Notwithstanding Article 65 (1) of the Telecommunications Business Act, where a State agency or other relevant authority installs private telecommunications equipment and facilities defined in subparagraph 5 of Article 2 of the said Act in a national pilot smart city, such private telecommunications equipment and facilities may be used to provide non-profit public services as part of smart city services defined in subparagraph 2 of Article 2.
(2) Matters regarding the uses of private telecommunications equipment and facilities referred to in paragraph (1) and the procedures for using such equipment and facilities shall be publicly notified jointly by the Minister of Science and ICT and the Minister of Land, Infrastructure and Transport after consultation.
[This Article Newly Inserted on Aug. 14, 2018]
 Article 42-2 (Special Cases for the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy)
(1) Notwithstanding subparagraph 2 (h) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, the Minister of Land, Infrastructure and Transport may determine the scope of renewable energy in a national pilot smart city otherwise, as prescribed by Presidential Decree. In such cases, the Minister of Trade, Industry and Energy shall consult in advance, with regard to the scope of renewable energy and the area to be supplied by using renewable energy.
(2) A person who intends to supply new energy and renewable energy among the project implementers of a national pilot smart city may install, operate, and manage new energy and renewable energy facilities defined in subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy located in or adjacent rivers, topography and facilities in the national pilot smart city.
[This Article Newly Inserted on Apr. 23, 2019]
 Article 42-3 (Special Cases concerning Car Rental Business)
Where a person who intends to operate a car rental business under subparagraph 4 of Article 2 of the Passenger Transport Service Act in a national pilot smart city meets the requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as unmanned reservation and allocation system, the Minister of Land, Infrastructure and Transport may determine different areas of garage and standards for business places, as prescribed by Presidential Decree, notwithstanding Article 29 of the Passenger Transport Service Act.
[This Article Newly Inserted on Apr. 23, 2019]
 Article 43 (Designation of Innovative Growth Promotion Zones)
(1) To support innovative growth and boost private investments, the Minister of Land, Infrastructure and Transport may designate the whole or part of a national pilot smart city as an innovative growth promotion zone.
(2) Where the Minister of Land, Infrastructure and Transport intends to designate an innovative growth promotion zone under paragraph (1) or to amend or cancel designating such innovative growth promotion zone, he or she shall consult with the head of the competent local government; and shall refer the case to the Committee for deliberation: Provided, That where it is intended to amend minor matters prescribed by Presidential Decree, such case need not be referred to the Committee for deliberation.
(3) Where the Minister of Land, Infrastructure and Transport designates an innovative growth promotion zone or amends or cancels such designation under paragraph (1) or (2), he or she shall publicly notify the fact in the Official Gazette, as prescribed by Presidential Decree, and shall send copies of the relevant documents to the head of the competent local government. In such cases, the head of the competent local government shall make available the content of the copies of the relevant documents to the general public for inspection for at least 14 days.
(4) Other matters regarding the standards for designating innovative growth promotion zones, the procedures for designating such zones and for amending or cancelling such designation, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 14, 2018]
 Article 44 (Special Cases concerning Innovative Growth Promotion Zones)
(1) An area designated as an innovative growth promotion zone under Article 43 (1) shall be deemed designated as an area under minimal siting restrictions under Article 40-2 (1) of the National Land Planning and Utilization Act. In such cases, Article 40-2 (2) through (6) of the National Land Planning and Utilization Act shall apply mutatis mutandis. <Amended on Apr. 23, 2019>
(2) Where the Minister of Land, Infrastructure and Transport intends to designate an innovative growth promotion zone pursuant to Article 43 (1), the Minister may determine different guidelines for formulating plans for areas under minimal siting restrictions, the area thereof, etc., as prescribed by Presidential Decree, notwithstanding Article 40-2 (8) of the National Land Planning and Utilization Act. <Newly Inserted on Apr. 23, 2019>
[This Article Newly Inserted on Aug. 14, 2018]
 Article 45 (Special Cases concerning Designation of Leading Investment Districts)
An area designated as an innovative growth promotion zone under Article 43 (1) shall be deemed designated as a leading investment district under Article 45 (1) of the Regional Development Assistance Act. In such cases, Article 45 (2) through (8) of the Regional Development Assistance Act shall apply mutatis mutandis.
[This Article Newly Inserted on Aug. 14, 2018]
 Article 46 Deleted. <Jun. 9, 2020>
CHAPTER VIII DESIGNATION, OPERATION, AND SPECIAL CASES OF SMART REGULATION INNOVATION DISTRICTS
 Article 47 (Designation of Smart Regulation Innovation Districts)
(1) The Minister of Land, Infrastructure and Transport may designate a smart regulation innovation district in which a smart innovation project or a smart demonstration project may be implemented directly or at the request of the head of the competent local government. In such cases, any of the following areas shall be designated and publicly announced:
1. An area publicly notified by the Minister of Land, Infrastructure and Transport after consulting with the heads of related central administrative agencies, among areas where a project for private proposals is implemented under Article 9-2 (2) (limited to cases where public offerings are made by the Minister of Land, Infrastructure and Transport);
2. An area publicly notified by the Minister of Land, Infrastructure and Transport, following consultation with the heads of related central administrative agencies, among national pilot smart cities designated pursuant to Article 35 (1);
3. Areas prescribed by Presidential Decree, among areas implementing research and development projects related to smart cities in accordance with the policies to identify and foster growth engines under Article 16-5 of the Framework Act on Science and Technology.
(2) Where the head of the competent local government applies for the designation of a smart regulation innovation district, he or she shall formulate a plan for the relevant smart regulation innovation district, including the following matters and submit such plan to the Minister of Land, Infrastructure and Transport:
1. The name, location, and area of the smart regulation innovation district;
2. Needs for and expected effect of designating the smart regulation innovation district;
3. Matters regarding smart innovation technologies and services to be introduced into the smart regulation innovation district;
4. Matters regarding connection between the projects implemented in a smart regulation innovation district and the areas specified in any subparagraph of paragraph (1);
5. Other matters prescribed by Presidential Decree, which are necessary for the application for designation, etc. of the smart regulation innovation district.
(3) A private company, etc. may propose a plan for a promotion district for smart regulation innovation, including the matters referred to in each subparagraph of paragraph (2) and a smart innovation project plan referred to in Article 49 (1) or a smart demonstration project plan referred to in Article 50 (1) to the head of the competent local government. In such cases, the head of the competent local government may examine the details of a proposal and apply for the designation of a smart regulation innovation district to the Minister of Land, Infrastructure and Transport pursuant to paragraph (1).
(4) Where the Minister of Land, Infrastructure and Transport designates a smart regulation innovation district upon receipt of an application from the head of the competent local government, the Minister shall finalize a plan for the relevant smart regulation innovation district, following consultation with the heads of the relevant central administrative agencies, and shall designate the smart regulation innovation district, following deliberation by the Committee.
(5) Where the Minister of Land, Infrastructure and Transport directly designates a smart regulation innovation district, the Minister shall formulate a plan for the relevant smart regulation innovation district, including the matters specified in the subparagraphs of paragraph (2) and designate the smart regulation innovation district following deliberation by the Committee after consulting with the heads of the relevant central administrative agencies and the head of the competent local government.
(6) Upon receipt of a request for consultation on the designation of a smart regulation innovation district pursuant to paragraph (4) and (5), the head of the relevant central administrative agency or the head of the competent local government shall reply to the Minister of Land, Infrastructure and Transport within 30 days from receipt of such request.
(7) Where a smart innovation project plan or a smart demonstration project plan proposed by a private enterprise, etc. under paragraph (3) is included in a smart regulation innovation district plan, the relevant smart innovation project plan or the relevant smart demonstration project plan shall be deemed approved when the smart regulation innovation district plan is finalized pursuant to paragraph (4). In such cases, Articles 49 through 51 shall apply mutatis mutandis.
(8) Where the Minister of Land, Infrastructure and Transport or the head of the competent local government directly designates or applies for designation of a smart regulation innovation district, he or she shall publicly announce the plan as a smart regulation innovation district and hear opinions of residents, etc., as prescribed by Presidential Decree.
(9) Where the Minister of Land, Infrastructure and Transport designates a smart regulation innovation district under paragraph (4) and (5), the Minister shall publicly notify the fact in the Official Gazette, as prescribed by Presidential Decree, and shall send copies of the relevant documents to the head of the competent local government. In such cases, the head of the competent local government shall make available the content of the copies of the relevant documents to the general public for inspection.
(10) Other necessary matters concerning the designation of a smart regulation innovation district shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Nov. 26, 2019]
[Previous Article 47 moved to Article 55 <Nov. 26, 2019>]
 Article 48 (Modification, Cancellation of Designation of Smart Regulation Innovation Districts)
(1) The Minister of Land, Infrastructure and Transport may change the designation of a smart regulation innovation district plan and a smart regulation innovation district, directly or upon receipt of an application from the head of the competent local government.
(2) Article 47 (1), (2), (4), (5) and (8) shall apply mutatis mutandis to the modification of a plan for a smart regulation innovation district and the designation of a smart regulation innovation district under paragraph (1): Provided, That if minor matters prescribed by Presidential Decree are to be revised, consultations with the heads of the relevant central administrative agencies and the heads of the competent local governments(consultations with the heads of the competent local governments shall be limited to where the Minister of Land, Infrastructure and Transport directly changes a smart regulation innovation district plan and the designation of a smart regulation innovation district) and deliberation by the Committee may be omitted.
(3) In either of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation of a smart regulation innovation district directly or at the request of the head of the competent local government:
1. When it is not possible or expected to achieve the designated purpose of a smart regulation innovation district;
2. Where a smart innovation project and a smart demonstration project in a smart regulation innovation district causes serious adverse effects;
3. Where other circumstances prescribed by Presidential Decree arise.
(4) Where the Minister of Land, Infrastructure and Transport revokes the designation of a smart regulation innovation district pursuant to paragraph (3), the Minister shall consult with the heads of the relevant central administrative agencies and the relevant local government (consultations with the competent local government shall be limited to where the Minister of Land, Infrastructure and Transport directly revokes the designation of the relevant smart regulation innovation district) and the Committee.
(5) Where the Minister of Land, Infrastructure and Transport intends to amend a smart regulation innovation district plan or revoke the designation of a smart regulation innovation district pursuant to paragraph (1) or (3), the Minister shall publicly notify such fact in the Official Gazette and immediately notify the head of the competent local government of the relevant smart regulation innovation district, relevant private enterprises, etc. of such fact.
(6) If the designation of a smart regulation innovation district is revoked pursuant to paragraph (3), the implementation of the relevant smart innovation project and the smart demonstration project in the relevant smart regulation innovation district shall be suspended: Provided, That if it is impracticable to apply the statutes or regulations relevant to the relevant regulation on the ground of suspending the implementation of a smart innovation project or smart demonstration project or if it is not practical, or if any, the application of special cases for regulation may be maintained subject to deliberation by the Committee.
(7) Other matters necessary for a smart regulation innovation district plan or the modification or revocation of the designation of the smart regulatory innovation district shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Nov. 26, 2019]
[Previous Article 48 moved to Article 56 <Nov. 26, 2019>]
 Article 49 (Counter-Terrorism and Security Measures)
(1) A business entity who intends to implement a smart innovation project in a smart regulation innovation district (including local governments and private enterprises referred to in Article 9-2; hereinafter referred to as "smart innovative project implementer") may apply to the Minister of Land, Infrastructure and Transport to approve a plan to implement the relevant project (hereinafter referred to as "smart innovation project plan"), in any of the following cases:
1. Where the statutes or regulations that provide grounds for permission, approval, certification, verification, authorization, registration, etc. (hereinafter referred to as "permission, etc.") for smart innovation technologies or services provide for no standards, specifications, requirements, or the like necessary for promoting the relevant smart innovation project;
2. Where it is inappropriate to apply the standards, specifications, requirements, etc. necessary to implement a smart innovation project pursuant to the statutes or regulations that serve as grounds for permission, etc. for the relevant smart innovation technology or service.
(2) A smart innovative project implementer shall submit a smart innovation project plan to the head of the local government having jurisdiction over the relevant smart regulation innovation district and shall undergo review before filing an application for approval under paragraph (1). In such cases, an application for approval under paragraph (1) shall be filed by including the opinions of the head of the competent local government and the matters requiring the measures and the plan for measures by a smart innovative project implementer in the smart innovation project plan.
(3) Each smart innovation project plan shall include the following; In such cases, the relevant plan for smart innovation projects shall be formulated in consideration of the details of the relevant local government’s plan for smart cities and the relevant plan for a smart regulation innovation district for smart regulations:
1. Major objectives and details of the relevant smart innovation project;
2. Matters regarding regulatory exceptions of other statutes necessary for implementing smart innovation projects and improvement of regulations;
3. Safety-related matters regarding implementing smart innovation projects;
4. Measures to prevent accidents that may occur while implementing smart innovation projects and to compensate for damage to human and physical damage;
5. Opinions of the head of a local government and matters requiring measures as a result of the examination under paragraph (2) and a plan for measures by a smart innovative project implementer;
6. Other matters specified by Presidential Decree as necessary for implementing a smart innovation project.
(4) Upon receipt of an application under paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the head of the relevant central administrative agency thereof. In such cases, the head of the relevant central administrative agency shall examine the details of the application and reply to the Minister of Land, Infrastructure and Transport in writing with the results thereof within 30 days.
(5) Where the head of the related administrative agency requires a smart innovative project implementer to supplement data in order to review the necessity of special cases for regulation, the period spent in supplementing the data shall not be included in the period for reply specified in paragraph (4): Provided, That even in such cases, the head of the related administrative agency shall reply within 90 days regarding the results of the review and may request an extension of the period for reply only once by up to 30 days where it is impossible to reply.
(6) Where the Minister of Land, Infrastructure and Transport deems it necessary to obtain a special case for demonstration or provisional permission under the Act on Special Cases concerning the Regulation of Regulation-Free Special Zones and Special Economic Zones for Specialized Regional Development, the Minister shall notify the Minister of SMEs and Startups and the competent Mayor/Do Governor of such plan applied pursuant to paragraph (1). In such cases, the relevant Mayor/Do Governor may examine the application and apply for the designation, etc. of a regulation-free special zone under Article 72 of the same Act to the Minister of SMEs and Startups.
(7) The Minister of Land, Infrastructure and Transport shall decide whether to approve a plan for a smart innovation project applied for pursuant to paragraph (1) (excluding cases under paragraph (6)), following consultation with the heads of relevant central administrative agencies and the head of the competent local government, following deliberation by the Committee.
(8) When the Minister of Land, Infrastructure and Transport approves a smart innovation project plan pursuant to paragraph (7), the Minister may attach conditions to the environment, safety, health, etc. related to the relevant smart innovation project or request the implementer to revise or supplement the relevant smart innovation project plan. In such cases, a smart innovative project implementer shall comply with the conditions or request.
(9) Where a smart innovation project plan is approved pursuant to paragraph (7), the relevant plan for the smart innovation project shall be deemed included in the relevant local government’s implementation plan for the promotion of the smart innovation project.
(10) Other matters necessary for approving a smart innovation project plan shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Nov. 26, 2019]
 Article 50 (Smart Demonstration Projects)
(1) A business entity who intends to conduct a smart demonstration project in a smart regulation innovation district (hereinafter referred to as "smart demonstration project implementer") may file an application for approval for the plan to implement the relevant project (hereinafter referred to as "plan for conducting a smart demonstration project") with the Minister of Land, Infrastructure and Transport, if:
1. Where the statutes or regulations applicable to permission, etc. provide for no standards, specifications, requirements, or the like suitable for smart innovation technology or service;
2. Where it is inappropriate to apply the standards, specifications, requirements, etc. necessary to implement a smart demonstration project in accordance with the statutes or regulations that serve as grounds for permission, etc. for the relevant smart innovation technology or service;
3. Where it is impossible to implement a smart demonstration project in accordance with the statutes or regulations that provide grounds for permission, etc. for the relevant smart innovation technology or service.
(2) Articles 49 and 51 through 53 (excluding the proviso of Article 51 (2)) shall apply mutatis mutandis to the application for approval and the approval and procedures under paragraph (1). In such cases, "smart innovation project" shall be construed as "smart demonstration project;" "smart innovation project plan"; "smart innovative project plan" as "smart demonstration project plan;" "smart innovation project implementer" as "smart demonstration project implementer," and "provision or use of smart innovation technology or service" as "testing or verification of smart innovation technology or service."
[This Article Newly Inserted on Nov. 26, 2019]
 Article 51 (Standards for Approval for Smart Innovation Project Plans)
(1) Where the Minister of Land, Infrastructure and Transport approves a smart innovation project plan pursuant to Article 49 (7) (including cases where granting conditions or approving after changing details), the Minister shall comprehensively consider the following:
1. Necessity of the smart innovation project and the appropriateness of implementation;
2. Impact of the relevant smart innovation project on the health, safety, and environment of citizens, and safe protection and processing of personal information, in the relevant smart regulation innovation district;
3. Social and economic effects of a smart innovation project on the relevant smart regulation innovation district and the vicinity thereof;
4. Regulatory exceptions recognized for implementing smart innovation projects and appropriateness of improvement of regulations;
5. Appropriateness of measures to prevent and compensate for personal and physical damage that may arise from the implementation of the smart innovation project;
6. Other matters specified by Presidential Decree.
(2) The implementation period of a smart innovation project shall not exceed four years; and may be extended only once by a period specified by Presidential Decree not exceeding two years: Provided, That where the improvement of statutes or regulations governing permission, etc. (hereinafter referred to as "statutes or regulations governing permission, etc.") has not been completed within the extended period, the implementation period shall be deemed to be extended until the improvement of such statutes or regulations is completed.
(3) Detailed standards for approval for smart innovation projects in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Nov. 26, 2019]
 Article 52 (Modification, Measures, and Cancellation of Smart Innovation Projects)
(1) Where a smart innovation project implementer intends to amend his or her smart innovation project plan, the implementer shall file an application for the modification with the Minister of Land, Infrastructure and Transport.
(2) Article 49 (4), (5), (7) and (51) 1 shall apply mutatis mutandis to modification of a smart innovation project under paragraph (1): Provided, That the same shall not apply to any modification to minor matters prescribed by Presidential Decree.
(3) Where a smart innovation project plan is modified pursuant to paragraph (2), the plan for a smart regulation innovation district that includes the relevant smart innovation project shall be deemed modified as well.
(4) Where any harm has occurred or is likely to occur to the health, safety and environment of citizens, and safe protection and management of personal information in the relevant smart innovation district, the Minister of Land, Infrastructure and Transport may take the following measures:
1. Temporary or permanent suspension of the relevant smart innovation project;
2. Issuance of a corrective order on the relevant smart innovation project;
3. Modifying or supplementing the conditions or contents of the relevant smart innovation project plan;
4. Restriction on or change of the regional scope of the relevant smart innovation project;
5. Other measures determined by Presidential Decree.
(5) In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke approval for a smart innovation project after consulting with the head of the competent local government and following deliberation by the Committee: Provided, That in cases falling under subparagraph 1, it shall be revoked.
1. Where approval for a smart innovation project has been obtained by fraud or other improper means;
2. If the project is implemented differently from the approved smart innovation project plan;
3. Notwithstanding the measures referred to in the subparagraphs of paragraph (4), where the relevant smart regulation innovation district fails to prevent and eliminate any danger or hazard related to public health, safety and environment, and safe protection and processing of personal information;
4. Where an implementer fails to commence a smart innovation project within one year without good cause after obtaining approval for the relevant smart innovation project plan.
(6) If the approval for a smart innovation project plan is revoked pursuant to paragraph (5), the relevant smart innovation project implementer shall immediately suspend the implementation of the smart innovation project; and shall not provide or use relevant smart innovation technologies or services.
[This Article Newly Inserted on Nov. 26, 2019]
 Article 53 (Management of Smart Innovation Projects)
(1) The Minister of Land, Infrastructure and Transport, the head of the relevant central administrative agency, and the head of the local government having jurisdiction over a smart regulation innovation district (hereafter referred to as the "head of the relevant agency" in this Article) shall jointly manage and supervise the smart innovation project; and the heads of the relevant agencies and smart innovation project implementers shall proactively respond to problems regarding national health, safety, and environment, and safe protection and personal information processing.
(2) If the head of a relevant agency deems it necessary to amend statutes or regulations relating to permission, etc. even before the period for implementing a smart innovation project expires; or if the necessity for amending the statutes or regulations relating to permission, etc. is verified as a result of the implementation of the smart innovation project, he or she shall commence improving the statutes or regulations.
(3) Each smart innovation project implementer shall submit the results of applying a regulatory exception and implementing the relevant project to the heads of relevant agencies, as prescribed by Presidential Decree.
(4) The head of the relevant agency shall report the results to the Committee when the amendments to statutes and regulations is completed pursuant to paragraph (2).
(5) Smart innovation project implementers shall be responsible for indemnifying personal and material damages in case of any personal or material damage caused by the implementation of an approved smart innovation project: Provided, That this shall not apply where a smart innovation project implementer proves that there is no intention or negligence.
(6) Each smart innovation project implementer shall purchase liability insurance before filing an application for approval for a smart innovation project plan, in order to guarantee the liability for damages under paragraph (5), as prescribed by Presidential Decree: Provided, That where it is impracticable to purchase liability insurance on the grounds of the scale and business conditions of a smart innovation project implementer, compensation plans shall be prepared in consultation with the heads of the competent local governments and shall be included in the relevant smart innovation project plan, subject to approval from the Minister of Land, Infrastructure and Transport.
(7) The Minister of Land, Infrastructure and Transport may entrust the affairs related to the management of smart innovation projects to an institution or organization that has specialized human resources and technology, as prescribed by Presidential Decree.
(8) Where statutes and regulations governing permission, etc. for the relevant smart innovation project are amended, the relevant smart innovation project implementer shall obtain permission, etc. therefor without delay in accordance with such statutes and regulations.
[This Article Newly Inserted on Nov. 26, 2019]
CHAPTER IX PENALTY PROVISIONS
 Article 54 (Penalty Provisions)
Each of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:
1. A person who has been approved for a smart innovation project plan by fraud or other improper means;
2. A person who has been approved for a smart demonstration project plan by fraud or other improper means.
[This Article Newly Inserted on Nov. 26, 2019]
 Article 55 (Administrative Fine)
(1) Any of the following persons (including where any of the following shall apply mutatis mutandis pursuant to Article 50 (2)) shall be subject to an administrative fine not exceeding 10 million won: <Amended on Nov. 26, 2019>
1. A person who fails to comply with a request or condition under Article 49 (8);
2. A person who fails to comply with measures under Article 52 (4);
3. A person who continues to implement a smart innovation project after the smart innovation project plan is revoked, in violation of Article 52 (6);
4. A person who fails to purchase a liability insurance or fails to prepare compensation measures for personal and material damage, in violation of Article 53 (6).
(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Nov. 26, 2019>
1. A person who rejects, interferes with, or evades submission of a report or materials, or an investigation or inspection referred to in Article 24-3 (1); fails to comply with any other order; or submits a false report or materials;
2. A person who was certified pursuant to Article 32 (1) by fraud or other improper means;
3. A person who uses a certification mark or any similar mark, or publicizes as if the person was certified without being certified, in violation of Article 34 (2).
(3) The Minister of Land, Infrastructure and Transport or the head of a local government shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by Presidential Decree. <Amended on Nov. 26, 2019>
[This Article Newly Inserted on Mar. 21, 2017]
[Moved from Article 47 <Nov. 26, 2019>]
 Article 56 (Persons Deemed to be Public Officials for Purposes of Penalty Provisions)
Any of the following persons shall be deemed a public official when Articles 127 and 129 through 132 of the Criminal Act apply: <Amended on Nov. 26, 2019>
1. Members of the National Smart City Committee under Article 23;
2. The executive officers and employees of organizations and groups engaged in the work entrusted pursuant to Article 34-2 (2);
3. The general planner under Article 35-2;
4. Executive officers and employees of an organization or group engaging in the affairs entrusted pursuant to Article 53 (7) (including cases applied mutatis mutandis pursuant to Article 50 (2)).
[This Article Newly Inserted on Apr. 23, 2019]
[Moved from Article 48 <Nov. 26, 2019>]
ADDENDA <Act No. 9052, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases concerning Formulation of Ubiquitous City Plans)
(1) Notwithstanding the proviso of Article 8 (1), a ubiquitous city construction project may be implemented without necessarily having a ubiquitous city plan formulated pursuant to Article 8, if a project already approved by the Minister of Land, Transport and Maritime Affairs pursuant to Article 4 of the Addenda is in progress, or if a project implementer has already entered into an agreement with the head of a Si/Gun having jurisdiction over the project area in order to promote a ubiquitous city construction project, as at the time this Act enters into force and if the Minister of Land, Transport and Maritime Affairs approves the project at the request of the head of a Si/Gun.
(2) The approval authority for project plans under Article 13 (2) shall, where it intends to implement a ubiquitous city construction project pursuant to paragraph (1), pre-consult with the Minister of Land, Transport and Maritime Affairs with regard thereto (excluding where a project already approved by the Minister of Land, Transport and Maritime Affairs pursuant to Article 4 of the Addenda is in progress), and when the head of a Si/Gun having jurisdiction over the project area reorganize or revise the basic urban plan under the National Land Planning and Utilization Act for the first time after this Act enters into force, he or she shall reflect the details of the relevant project plan in the basic urban plan.
Article 3 (Transitional Measures concerning Ubiquitous City Plans)
Any plan already formulated with details similar to those of a ubiquitous city plan as at the time this Act enters into force shall be deemed a ubiquitous city plan formulated pursuant to Articles 8 through 10, if the plan is approved by the Minister of Land, Transport and Maritime Affairs at the request of the head of a Si/Gun having jurisdiction over the project area.
Article 4 (Transitional Measures concerning Ubiquitous City Construction Projects)
Any project already in progress as at the time this Act enters into force in accordance with a project plan formulated with details similar to those of the project plan under Article 13 and the implementation plan under Article 14 for an area, the size of which is equivalent to or larger than the one under Article 3 shall be deemed a ubiquitous city construction project implemented pursuant to this Act, if the project is approved by the Minister of Land, Transport and Maritime Affairs at the request of the head of a Si/Gun having jurisdiction over the project area.
Article 5 Omitted.
ADDENDA <Act No. 9174, Dec. 26, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9705, May 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 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.
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11448, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Consultation on Ubiquitous City Construction Project Plans)
The amended provisions of Article 13 (3) shall begin to apply to the first ubiquitous city construction project plan formulated or approved after this Act enters into force.
Article 3 (Applicability to Consultation on Implementation Plans for Ubiquitous City Construction Projects)
The amended provisions of Article 14 (3) shall begin to apply to the first implementation plan for a ubiquitous city construction project formulated or approved after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
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. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13685, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Urban Regeneration Projects)
The amended provisions of subparagraph 6 of Article 3 shall begin to apply to the first urban regeneration revitalization plan formulated under the Special Act on Promotion of and Support for Urban Regeneration after this Act enters into force.
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. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14569, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 14718, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 14863, Aug. 9, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15116, Nov. 28, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15309, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 15732, Aug. 14, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Designation of national pilot smart cities)
Notwithstanding the previous provisions, the national pilot smart cities designated by the Minister of Land, Infrastructure and Transport before this Act enters into force shall be deemed designated under this Act.
ADDENDUM <Act No. 16388, Apr. 23, 2019>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 3, 9-2, and 34-2 shall enter into force four months after the date of its promulgation; and the amended provisions of Articles 3-3 and 48 shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16631, Nov. 26, 2019>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 35-3 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17344, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 17348, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 17454, Jun. 9, 2020>
This Act shall enter into force on the date of promulgation.