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ENFORCEMENT DECREE OF THE SPECIAL ACT ON SIMPLIFICATION OF AUTHORIZATION AND PERMISSION PROCEDURES FOR LAND USE

Presidential Decree No. 26910, Jan. 19, 2016

Amended by Presidential Decree No. 27809, Jan. 26, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 29249, Oct. 23, 2018

Presidential Decree No. 31751, jun. 8, 2021

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Special Act on Simplification of Authorization and Permission Procedures for Land Use and matters necessary for enforcing said Act.
 Article 2 (Guidelines for Operation of Related Committees)
(1) The guidelines for operating a committee related to authorization and permission for land use referred to in Article 6 (1) of the Special Act on Simplification of Authorization and Permission Procedures for Land Use (hereinafter referred to as the "Act") shall include the following matters. In such cases, no content contrary to those prescribed by the Acts set forth in subparagraphs of Article 3 of the Act shall be included therein:
1. Principles for deliberation by the committee and matters requiring attention when conducting deliberation;
2. Matters concerning implementing the subject matters of deliberation or advice to be conducted by the committee;
3. Methods of preparing and raising agenda items for deliberation by the committee;
4. Agenda items for deliberation to be examined and methods of notifying the result of deliberation;
5. Other matters necessary to operate the mutual aid business.
(2) The Minister of Land, Infrastructure and Transport shall formulate the guidelines for operation under paragraph (1) and notify them to each authority granting authorization and permission for land use.
 Article 3 (Methods and Procedures for Reporting Performance and Evaluation)
(1) Pursuant to Article 7 (1) of the Act, an authority granting authorization and permission for land use shall prepare and submit to the Minister of Land, Infrastructure and Transport, a report on the performance and achievements of matters prescribed in Article 7 (1) of the Act (hereinafter referred to as "performance report") every two years, by no later than the end of February of the year following the lapse of every two years. In such cases, the head of a Si/Gun and an autonomous Gu shall submit it via the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor.
(2) A performance report shall be prepared annually as of December 31 of each year, and shall include the result of improvement compared with the previous year.
(3) The Minister of Land, Infrastructure and Transport and the Minister of Trade, Industry and Energy may disclose details of performance evaluated pursuant to Article 7 (2) of the Act and pay rewards within the budgetary limits; or award citations to local governments with outstanding evaluation outcomes or public officials belonging thereto.
(4) The Minister of Land, Infrastructure and Transport and the Minister of Trade, Industry and Energy may determine detailed matters concerning the preparation of a performance report and notify them to each authority granting authorization and permission for land use. In such cases, the Minister of Land, Infrastructure and Transport and the Minister of Trade, Industry and Energy shall mutually consult thereon.
 Article 4 (Counseling and Advisory Support)
When an authority granting authorization and permission for land use provides information prescribed in Article 8 (3) of the Act pursuant to the same paragraph, he or she shall provide it as requested by the relevant applicant, such as post mail, electronic mail or facsimile.
 Article 5 (Preliminary Deliberation)
(1) When a person who intends to use land files an application for a preliminary deliberation of a committee referred to in any subparagraph of Article 12 of the Act (hereinafter referred to as "preliminary deliberation") pursuant to Article 9 (1) of the Act, he or she shall submit an application, with the documents classified as follows, to an authority granting authorization and permission for land use: Provided, That documents proving that the ownership or right to use land is secured and documents submitted with an application mutatis mutandis under another Act shall be excluded therefrom, and only one copy of such documents may be submitted: <Amended on Jan. 26, 2017; Jul. 26, 2017; Oct. 23, 2018>
1. A local urban planning committee (referring to a local urban planning committee under Article 12 (1) 1 of the Act; hereinafter the same shall apply): Documents to be submitted under Article 57 (1) of the National Land Planning and Utilization Act;
2. A building committee (referring to a building committee under Article 12 (1) 2 of the Act; hereinafter the same shall apply): Simplified architectural plans and drawings under Article 5-5 (6) 2 (i) of the Enforcement Decree of the Building Act;
3. A landscape committee (referring to a landscape committee under Article 12 (1) 3 of the Act; hereinafter the same shall apply): Documents determined and publicly notified by the Minister of Land, Infrastructure and Transport under Articles 19 (3) and 21 (3) of the Enforcement Decree of the Landscape Act;
4. A traffic impact assessment deliberation committee (referring to a traffic impact assessment deliberation committee under Article 12 (1) 4 of the Act; hereinafter the same shall apply); A written traffic impact assessment under Article 16 (1) of the Urban Traffic Improvement Promotion Act;
5. A regional mountainous district management committee (referring to a regional mountainous district management committee under Article 12 (1) 5 of the Act; hereinafter the same shall apply): Documents under Article 15 (1) of the Enforcement Decree of the Mountainous Districts Management Act;
6. A disaster impact assessment deliberation committee (referring to a disaster impact assessment deliberation committee under Article 12 (1) 6 of the Act; hereinafter the same shall apply): A statement of disaster impact assessment, etc. prepared in accordance with the method publicly notified by the Minister of the Interior and Safety pursuant to Article 6 (2) of the Enforcement Decree of the Countermeasures against Natural Disasters Act.
(2) "Cases prescribed by Presidential Decree, such as where any application for authorization or permission for land use is filed with details inconsistent with those that have undergone preliminary deliberation" under Article 9 (5) of the Act means where the content of an application for authorization or permission for land use has changed since preliminary deliberation and the changed content falls under any of the following cases: Provided, That it shall exclude where the content of an application for authorization or permission for the relevant land has changed from the content of an application for preliminary deliberation after reflecting the outcomes of the preliminary deliberation: <Amended on Jan. 26, 2017; Oct. 23, 2018>
1. Where preliminary deliberation has been conducted by an individual committee referred to in any subparagraph of Article 12 (1) of the Act:
(a) A local urban planning committee: In cases not falling under Article 52 (1) of the Enforcement Decree of the National Land Planning and Utilization Act;
(b) A building committee: In cases not falling under Article 5 (2) of the Enforcement Decree of the Building Act;
(c) A landscape committee: In cases not falling under Article 12 (1) through (3) of the Enforcement Decree of the Building Act;
(d) A traffic impact assessment deliberation committee: In cases falling under Article 13-7 (2) of the Enforcement Decree of the Urban Traffic Improvement Promotion Act;
(e) A regional mountainous district management committee: In cases not falling under the proviso of Article 14 (1) of the Mountainous Districts Management Act;
2. Where preliminary deliberation has been conducted by an integrated deliberation committee under Article 12 (1) of the Act (hereinafter referred to as "integrated deliberation committee"): Where a ground exists falling under subparagraph 1.
 Article 6 (Composition and Operation of Integrated Deliberation Committee)
(1) An integrated deliberation committee shall be comprised of at least three members from the committees under its jurisdiction. In such cases, no member representing any committee therein shall represent another committee.
(2) An authority granting authorization and permission for land use may have multiple integrated deliberation committees, and the types of committees to be integrated into which shall be different from each other, taking into account the types, etc. of authorization and permission for land use.
(3) Where any member is unable to perform his or her duties for at least two months due to an overseas business trip, disease, accident, etc., an authority granting authorization and permission for land use shall immediately request the chairperson of the relevant committee to recommend his or her substitute.
(4) An integrated deliberation committee shall take meeting minutes pursuant to Article 17 (2) of the Public Records Management Act.
(5) An integrated deliberation committee may, if necessary, require the applicant for integrated deliberation, related persons, etc. to attend a committee meeting and hear their opinions or explanations.
 Article 7 (Disqualification of, Challenge to, and Refrainment by, Members of Integrated Deliberation Committee)
(1) Any of the following members of an integrated deliberation committee shall be disqualified for the deliberations and resolution of the integrated deliberation committee:
1. If the committee member, or a current or former spouse of the committee member, is a party to the case on the agenda (including executives of a corporation or organization, if the party is a corporation or organization; hereafter the same shall apply in this subparagraph and subparagraph 2) or a joint right-holder or joint obligor with a party to the agenda item;
2. If the committee member is a current or former relative of any party involved in the relevant agenda item;
3. Where a member has given any advice, or conducted any research, service (including any subcontract), appraisal, or examination with respect to the relevant agenda item;
4. If the committee member of the corporation or organization to which the committee member belongs is the current or former representative or agent of any party involved in the relevant agenda item;
5. Where any corporation, etc. where a member holds or held a post as an executive or employee within recent three years has given any advice, or conducted any research, service (including any subcontract), appraisal, or examination with respect to the relevant agenda item.
(2) If the circumstances indicate that it would be difficult for a party to the relevant agenda item to expect fair deliberations and resolutions from a committee member, the party may file a request to challenge the committee member with the Integrated Deliberation Committee; and the Integrated Deliberation Committee shall determine whether to accept the request by resolution. In such cases, the committee member to whom the challenge has been made shall not participate in the resolution.
(3) If the status of a committee member falls within any of the grounds for exclusion under paragraph (1), he or she shall voluntarily abstain from participating in the proceedings of deliberation and resolution on the relevant agenda item.
 Article 8 (Detailed Rules for Operation)
Except as provided in this Decree, matters necessary for the composition, operation, etc. of an integrated deliberation committee shall be determined by an authority granting authorization and permission for land use.
 Article 9 (Matters to Be Notified concerning Integrated Deliberation)
"Matters prescribed by Presidential Decree, such as whether integrated deliberation will be conducted and the scope of the integrated deliberation" in the latter part of Article 12 (2) of the Act means the following:
1. Whether to conduct integrated deliberation;
2. Scope of the integrated deliberation;
3. Date, time and venue of the meeting to be held;
4. Agenda items raised;
5. Whether the applicant is required to attend the meeting.
 Article 10 (Joint Mediation Meetings)
(1) An authority granting authorization and permission for land use, in receipt of an application for mediation under Article 13 (1) 1 of the Act, shall notify the applicant within 10 days from the date the application is received, whether a joint mediation meeting (referring to a joint mediation meeting under Article 13 (1) of the Act; hereinafter the same shall apply) will be held.
(2) An authority granting authorization and permission for land use may require public officials deemed necessary to attend a joint mediation meeting, in addition to public officials of related administrative agencies, related experts and the applicant.
 Article 11 Deleted. <Jun. 8, 2021>
 Article 12 Deleted. <Jun. 8, 2021>
 Article 13 (Mediation on Authorization and Permission for Land Use)
(1) When filing an application for mediation with the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act (hereafter in this Article referred to as "Central Urban Planning Committee") in accordance with Article 14 of the Act, an authority granting authorization and permission for land use shall meet the following requirements: <Amended on Jun. 8, 2021>
1. The authority shall hear opinions of related experts before applying for the mediation and append their written opinions;
2. No conflicting opinions requiring mediation shall be those among local governments.
(2) Once a mediation proposal is prepared, the Central Urban Planning Committee shall notify it to the authority granting authorization and permission for land use and relevant administrative agencies. <Amended on Jun. 8, 2021>
(3) A person notified of the mediation proposal under paragraph (2) shall notify the Central Urban Planning Committee of whether to accept such proposal within 15 days from the date of receipt. <Amended on Jun. 8, 2021>
[This Article Wholly Amended on Jun. 8, 2021]
 Article 14 (Disclosure of Information and Gathering Consensus)
(1) Meeting minutes shall be disclosed under Article 17 (1) of the Act by making them available for inspection or by providing a copy thereof from the date the results of the deliberation are notified.
(2) Consensus gathering under Article 17 (2) of the Act shall commence within 30 days from the date on which an application for authorization or permission for land use is filed.
(3) An authority granting authorization and permission for land use shall disclose the result of gathering consensus under paragraph (2) on the relevant website, bulletin boards. etc. within 30 days after completing the same.
 Article 15 (Provision of Public Data)
"Data prescribed by Presidential Decree" in Article 18 (1) 5 of the Act means the following data:
1. Data on the status of regulation on the use of land (referring to the status of regulation on specific-purpose areas, specific-purpose zones, specific-purpose districts, urban or Gun planning facilities, etc.) in which a project subject to authorization and permission for land use is planned;
2. Guidelines for implementation of a district-unit plan and final drawings which include the land subject to authorization and permission for land use and its neighboring area.
ADDENDA <Presidential Decree No. 26910, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016.
Article 2 (Special Cases concerning Preparation of Performance Report)
The period for preparing the first performance report under Article 3 (1) shall be from January 21, 2016 to December 31, 2017.
Article 3 (Transitional Measures concerning Traffic Impact Assessment Deliberation Committee)
(1) "Traffic impact assessment deliberation committee" in Article 5 (1) 4 and (2) 1 (d) shall be construed as "deliberation committee on traffic impact assessment and improvement measures" until January 24, 2016.
(2) "Statement of traffic impact assessment" in Article 5 (1) 4 shall be construed as "traffic impact assessment and improvement measures" until January 24, 2016.
ADDENDA <Presidential Decree No. 27809, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees to be amended pursuant to Article 8 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 29249, Oct. 23, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 25, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31751, Jun. 8, 2021>
This Decree shall enter into force on the date of its promulgation.