ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF SMART CITY DEVELOPMENT AND INDUSTRY
Presidential Decree No. 21039, Sep. 25, 2008
Amended by Presidential Decree No. 21445, Apr. 21, 2009
Presidential Decree No. 21565, jun. 26, 2009
Presidential Decree No. 21656, Jul. 30, 2009
Presidential Decree No. 21698, Aug. 21, 2009
Presidential Decree No. 21882, Dec. 14, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22424, Oct. 1, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 24189, Nov. 20, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 24720, Sep. 9, 2013
Presidential Decree No. 25339, Apr. 29, 2014
Presidential Decree No. 25358, May 22, 2014
Presidential Decree No. 25621, Sep. 24, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26762, Dec. 28, 2015
Presidential Decree No. 27281, jun. 28, 2016
Presidential Decree No. 27444, Aug. 11, 2016
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28326, Sep. 19, 2017
Presidential Decree No. 28686, Feb. 27, 2018
Presidential Decree No. 29045, Jul. 16, 2018
Presidential Decree No. 29516, Feb. 8, 2019
Presidential Decree No. 30047, Aug. 20, 2019
Presidential Decree No. 30159, Oct. 24, 2019
Presidential Decree No. 30484, Feb. 25, 2020
Presidential Decree No. 30828, Jul. 7, 2020
Presidential Decree No. 30877, Jul. 28, 2020
Presidential Decree No. 30895, Aug. 4, 2020
Presidential Decree No. 31220, Dec. 8, 2020
Presidential Decree No. 31221, Dec. 8, 2020
Presidential Decree No. 31779, jun. 15, 2021
CHAPTER I GENERAL PROVISIONS
| Article 2 (Smart City Services) |
| 3. | Health, medical service, and welfare; |
| 4. | Environment, energy, and water resources; |
| 5. | Prevention of crimes and disasters; |
| 6. | Management of facilities; |
| 8. | Culture, tourism, or sports; |
| 12. | Any other fields publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the heads of relevant central administrative agencies for the purposes of enhancing the competitiveness of cities and improving the quality of life of citizens. |
[Title Amended on Sep. 19, 2017]
| Article 3 (Information and Communications Networks among Smart City Infrastructure) |
"Other information and communications networks prescribed by Presidential Decree" in subparagraph 3 (b) of Article 2 of the Act means wired or wireless sensor networks that transmit information collected from intelligent facilities defined in subparagraph 3 (a) of Article 2 of the Act, as well as services offered by facilities for managing and operating smart cities. <Amended on Sep. 19, 2017> [Title Amended on Sep. 19, 2017]
| Article 4 (Facilities for Managing and Operating Smart Cities) |
"Facilities prescribed by Presidential Decree" in subparagraph 3 (c) of Article 2 of the Act means the following facilities: | 1. | A center operating individual information systems to provide smart city services; |
| 2. | An integrated operation center of a smart city, operated by interconnecting and integrating multiple information systems to provide smart city services; |
| 3. | Any other facilities similar to the those referred to in subparagraph 1 or 2, as publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the heads of relevant central administrative agencies. |
[This Article Wholly Amended on Sep. 19, 2017]
| Article 4-2 (Devices to Which Construction Technologies or Information and Communications Technologies Are Applied) |
"Facilities prescribed by Presidential Decree, such as closed-circuit televisions" in subparagraph 3 (d) of Article 2 of the Act means the following facilities: | 1. | Facilities producing and collecting smart city information, such as closed-circuit televisions, sensors, and video information processing equipment; |
| 2. | Facilities to use any collected smart city information for services, such as storage devices and software. |
[This Article Newly Inserted on Sep. 19, 2017]
| Article 5 (Convergence Technologies of Construction and Information and Communications) |
"Technologies prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means technologies obtained by converging electronic, control, or communications technologies, etc. with the following technologies: <Amended on May 22, 2014>
| Article 6 Deleted. <Aug. 20, 2019> |
| Article 7 (Eligible Projects) |
"Projects prescribed by Presidential Decree" in Article 3 (1) 7 of the Act means any of the following projects: <Amended on Apr. 21, 2009; Jul. 30, 2009; Apr. 29, 2014; Dec. 28, 2015; Jun. 28, 2016; Sep. 19, 2017; Jul. 16, 2018; Jul. 7, 2020> | 1. | A housing construction project or a housing site preparation project prescribed in the Housing Act; |
| 9. | A station area development project prescribed in the Act on Developing and Using Station Areas; |
CHAPTER II FORMULATING COMPREHENSIVE PLANS FOR SMART CITIES
| Article 8 (Formulating Comprehensive Plans for Smart Cities) |
| (1) | "Matters prescribed by Presidential Decree" in Article 4 (1) 12 of the Act means the following: <Amended on Aug. 21, 2009; Sep. 19, 2017; Feb. 8, 2019; Dec. 8, 2020> |
| 1. | Preparation, dissemination, spread, and interconnection of standards for smart city services, including matters specified in sectional plans for administrative affairs and promotion of regional informatization which are contained in a comprehensive plan for the intelligent information society formulated pursuant to Article 6 of the Framework Act on Intelligent Informatization; |
| 2. | Research and development of technologies related to smart cities; |
| 3. | Training of specialists necessary for efficient development, management, operation, etc. of smart cities (hereinafter referred to as “smart city development, etc.”); |
| 4. | Nurturing of industries related to smart city development, etc.; |
| 5. | International cooperation and overseas expansion for smart city development, etc.; |
| 6. | Information management, such as producing, collecting, processing, utilizing, and distributing any information provided through smart city infrastructure and smart city services. |
| (2) | The Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies to submit a draft plan for policies and projects that must be reflected in a comprehensive plan for smart cities formulated pursuant to Article 4 (1) of the Act (hereinafter referred to as "comprehensive plan") within a specified period not exceeding 30 days. In such cases, the Minister of the Interior and Safety shall collect and present the opinions of local governments when submitting a draft plan for policies and projects that must be reflected in the comprehensive plan. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Sep. 19, 2017> |
| (3) | If necessary to prepare a draft comprehensive plan for smart cities (hereinafter referred to as "draft comprehensive plan") pursuant to Article 4 (3) of the Act, the Minister of Land, Infrastructure and Transport may request a specialized committee established under Article 27 to conduct surveys and research. <Amended on Mar. 23, 2013; Sep. 19, 2017> |
[Title Amended on Sep. 19, 2017]
| Article 9 (Holding Public Hearings) |
| (1) | To hold a public hearing pursuant to Article 5 of the Act, the Minister of Land, Infrastructure and Transport shall publicly announce the following in at least one daily newspaper of nationwide circulation, in the Official Gazette, and on the relevant website by not later than 14 days before the scheduled date of the public hearing. <Amended on Mar. 23, 2013> |
| 1. | Objectives of the public hearing; |
| 2. | Date, time, and place of the public hearing; |
| 3. | Outline of a draft comprehensive plan; |
| 4. | Matters regarding presentation of opinions; |
| 5. | Any other matters necessary for holding the public hearing. |
| (2) | Any citizens, relevant experts, etc. who have any opinion on the contents of a draft comprehensive plan may attend a public hearing to directly state their opinions; or may submit the gist of their opinions to the Minister of Land, Infrastructure and Transport in writing or through any information and communications network. <Amended on Mar. 23, 2013> |
| Article 10 (Period for Consultation on Draft Comprehensive Plans) |
Where the Minister of Land, Infrastructure and Transport has sent a draft comprehensive plan for consultation under Article 6 (1) of the Act, the heads of relevant central administrative agencies shall present their opinions to the Minister within 30 days after receipt of the draft comprehensive plan. <Amended on Mar. 23, 2013>
| Article 11 (Minor Modification of Comprehensive Plans) |
"Minor matters prescribed by Presidential Decree" in the proviso of Article 7 of the Act means the matters specified in Article 8 (1) 3 through 5.
| Article 12 (Formulating Smart City Plans) |
| (1) | "Matters prescribed by Presidential Decree" in Article 8 (1) 10 of the Act means the following: <Amended on Sep. 19, 2017; Feb. 8, 2019> |
| 1. | Mutual cooperation, such as the compatibility and interconnection of smart city functions, between the jurisdiction and any adjacent Special Metropolitan City, Metropolitan City, or Si/Gun (excluding any Gun within the jurisdiction of a Metropolitan City; hereafter in this Article the same shall apply) referred to in Article 8 (3) of the Act; |
| 2. | Providing and interconnecting smart city services for the jurisdiction (including the relevant jurisdiction of any adjacent Special Metropolitan City, Metropolitan City, or Si/Gun if a smart city plan covering any part of such jurisdiction is formulated pursuant to Article 8 (3) of the Act; hereafter in this Article the same shall apply); |
| 3. | Nurturing and promoting local industries by utilizing smart city technologies; |
| 4. | International cooperation between smart cities; |
| 5. | Protecting personal information and smart city infrastructure; |
| 6. | Information management, such as producing, collecting, processing, utilizing, and distributing any information provided through smart city infrastructure and smart city services in the jurisdiction; |
| 7. | Jointly using information systems as well as interconnectedly using existing information systems to provide smart city services. |
| (2) | Standards for formulating smart city plans under Article 8 (1) of the Act (hereinafter referred to as "smart city plans") and other necessary matters shall be prescribed by the Minister of Land, Infrastructure and Transport in consulting with the heads of relevant central administrative agencies. <Amended on Mar. 23 2013; Sep. 19, 2017> |
[Title Amended on Sep. 19, 2017]
| Article 13 (Special Cases concerning Formulating Smart City Plans) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of any Gun within the jurisdiction of a Metropolitan City; hereinafter referred to as the "head of a Si/Gun") shall submit, to the Minister of Land, Infrastructure and Transport, an urban or Gun master plan formulated under the National Land Planning and Utilization Act (hereinafter referred to as "urban or Gun master plan") which reflects the details of a smart city plan specified in the subparagraphs of Article 8 (1) of the Act to obtain approval from the Minister of Land, Infrastructure and Transport pursuant to Article 8 (2) of the Act. <Amended on Apr. 10, 2012; Nov. 20, 2012; Mar. 23, 2013; Sep. 19, 2017> |
| (2) | Where an urban or Gun master plan submitted pursuant to paragraph (1) fails to properly reflect the details of a smart city plan specified in the subparagraphs of Article 8 (1) of the Act, the Minister of Land, Infrastructure and Transport may request the head of the relevant Si/Gun to supplement the urban or Gun master plan. <Amended on Apr. 10, 2012; Mar. 23, 2013; Sep. 19, 2017> |
| (3) | Not later than 30 days from receipt of a request to supplement an urban or Gun master plan under paragraph (2), the head of the relevant Si/Gun shall notify the Minister of Land, Infrastructure and Transport of whether to supplement it and a plan to supplement it. <Amended on Apr. 10, 2012; Mar. 23, 2013> |
| (4) | Notwithstanding paragraph (2), the Minister of Land, Infrastructure and Transport may approve an urban or Gun master plan submitted pursuant to paragraph (1), on condition that the details of the plan are supplemented by a specified deadline. In such cases, the head of the relevant Si/Gun shall notify the Minister of Land, Infrastructure and Transport of a plan to supplement the urban or Gun master plan, within 30 days after obtaining such approval. <Amended on Apr. 10, 2012; Mar. 23, 2013> |
[Title Amended on Sep. 19, 2017]
| Article 14 (Public Invitation for and Assistance in Projects Proposed by Private Sector) |
| (1) | “Matters prescribed by Presidential Decree" in Article 9-2 (1) 4 of the Act means the demonstration or provision of smart innovation technologies and services. <Newly Inserted on Feb. 25, 2020> |
| (2) | Where the Minister of Land, Infrastructure and Transport or a person authorized to formulate a smart city plan pursuant to Article 8 of the Act (hereinafter referred to as "person authorized to formulate a smart city plan") intends to publicly invite proposals for the relevant project pursuant to Article 9-2 (1) of the Act, he or she shall publicly announce the following matters in the Official Gazette or public gazette: <Amended on Feb. 25, 2020> |
| 1. | Schedule for public invitation; |
| 2. | Qualifications and methods for participation in public invitation; |
| 3. | Evaluation procedures and standards of projects; |
| 4. | Methods of and standards for preparing project proposals; |
| 5. | Other matters necessary for public invitation for projects. |
| (3) | Where the Minister of Land, Infrastructure and Transport or a person authorized to formulate a smart city plan intends to select a project proposed under Article 9-2 (1) of the Act (hereinafter referred to as "project proposed by the private sector"), the Minister shall consider the following: <Amended on Feb. 25, 2020> |
| 1. | Appropriateness of a project; |
| 2. | Concreteness of plans to encourage the participation of citizens; |
| 3. | Appropriateness of a role played by each participating entity and a funding plan; |
| 4. | Project feasibility and sustainability; |
| 5. | Expected project effects. |
| (4) | Where the Minister of Land, Infrastructure and Transport or a person authorized to formulate a smart city plan selects a project proposed by the private sector, the Minister shall publicly announce such fact in the Official Gazette or public gazette. <Amended on Feb. 25, 2020> |
| (5) | The Minister of Land, Infrastructure and Transport may fully or partially subsidize expenses incurred to perform the following duties in accordance with Article 9-2 (4) of the Act: <Amended on Feb. 25, 2020> |
| 1. | Formulation of a project plan to execute the selected project proposed by the private sector; |
| 2. | Demonstration or provision of smart city technologies and smart city services; |
| 3. | Demonstration or provision of smart innovation technologies and services. |
[This Article Newly Inserted on Aug. 20, 2019]
| Article 15 (Approval of Smart City Plans) |
| (1) | To obtain approval of a smart city plan pursuant to Article 10 (1) of the Act, a person authorized to formulate a smart city plan shall submit a draft smart city plan to the Minister of Land, Infrastructure and Transport, along with the following documents: <Amended on Nov. 20, 2012; Mar. 23, 2013; Sep. 19, 2017; Aug. 20, 2019> |
| 1. | Outcomes of a public hearing held pursuant to Article 9 of the Act (limited to where the public hearing has been held); |
| 2. | Outcomes from consulting with the heads of relevant administrative agencies. |
| (2) | The Minister of Land, Infrastructure and Transport shall pre-consult with the heads of relevant central administrative agencies when granting approval of a smart city plan pursuant to Article 10 (1) of the Act. In such cases, the heads of relevant central administrative agencies in receipt of a request for consultation shall present their opinions within 20 days after receipt thereof, in the absence of special circumstances. <Amended on Mar. 23, 2013; Sep. 19, 2017> |
| (3) | Where a draft smart city plan submitted pursuant to paragraph (1) fails to properly reflect the details of a smart city plan specified in the subparagraphs of Article 8 (1) of the Act, the Minister of Land, Infrastructure and Transport may request the person authorized to formulate a smart city plan to supplement the draft smart city plan. <Amended on Nov. 20, 2012; Mar. 23, 2013; Sep. 19, 2017> |
| (4) | Not later than 30 days from receipt of a request to supplement a draft smart city plan under paragraph (3), the person authorized to formulate a smart city plan shall notify the Minister of Land, Infrastructure and Transport of whether to supplement it and a plan to supplement it. <Amended on Apr. 10, 2012; Nov. 20, 2012; Mar. 23, 2013; Sep. 19, 2017> |
| (5) | Notwithstanding paragraph (3), the Minister of Land, Infrastructure and Transport may approve a draft smart city plan submitted pursuant to paragraph (1), on condition that the details of the plan are supplemented by a specified deadline. In such cases, the person authorized to formulate a smart city plan shall notify the Minister of Land, Infrastructure and Transport of a plan to supplement the draft smart city plan, within 30 days after obtaining such approval. <Amended on Nov. 20, 2012; Mar. 23, 2013; Sep. 19, 2017> |
[Title Amended on Sep. 19, 2017]
| Article 16 (Minor Modification of Smart City Plans) |
[Title Amended on Sep. 19, 2017]
CHAPTER III IMPLEMENTING SMART CITY CONSTRUCTION PROJECTS
| Article 17 (Project Implementers) |
| (1) | A person who intends to be designated as an implementer of a smart city construction project pursuant to the proviso, with the exception of the subparagraphs, of Article 12 (1) of the Act, shall file an application with the approval authority for implementation plans referred to in Article 14 (2) of the Act (hereinafter referred to as "approval authority for implementation plans"), specifying the following: <Amended on Jun. 28, 2016; Sep. 19, 2017> |
| 1. | Name and scope of the project; |
| 2. | Objectives of, and basic direction-setting for, the project; |
| 3. | Name of a person who intends to be designated as an implementer (the name of the relevant corporation and the name of its representative, if the person is a corporation); and the address of the person; |
| 4. | Period for implementing the project; |
| 5. | Method for implementing the project. |
| (2) | The approval authority for implementation plans shall determine whether to designate the relevant person as a project implementer; and shall notify the person who has applied for such designation of his or her determination within 30 days after receipt of an application under paragraph (1). <Amended on Jun. 28, 2016> |
| (3) | "Other public institutions prescribed by Presidential Decree, among public institutions under the Act on the Management of Public Institutions" in Article 12 (1) 2 of the Act means the following institutions: <Amended on Jun. 26, 2009; Sep. 19, 2017; Aug. 20, 2019; Jul. 7, 2020> |
| 3. | The Jeju Free International City Development Center established under Article 166 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; |
| (4) | "Project implementers designated under other statutes prescribed by Presidential Decree" in Article 12 (1) 4 of the Act means the following: <Amended on Apr. 21, 2009; Jul. 30, 2009; Dec. 14, 2009; Sep. 9, 2013; Apr. 29, 2014; Sep. 24, 2014; Dec. 28, 2015; Aug. 11, 2016; Sep. 19, 2017; Feb. 27, 2018; Jul. 16, 2018; Feb. 8, 2019; Jul. 7, 2020; Jul. 28, 2020> |
| 2. | An implementer of an innovation city development project designated under Article 10 of the Special Act on the Construction and Development of Innovation Cities; |
| 11. | An implementer of a station area development project designated under Article 12 of the Act on Developing and Using Station Areas; |
| (5) | "Corporation satisfying the requirements prescribed by Presidential Decree" in Article 12 (1) 6 of the Act means a corporation that meets all the following requirements: <Newly Inserted on Jul. 7, 2020; Jun. 15, 2021> |
| 1. | A corporation shall be established for the purposes of implementing a smart city construction project; |
| 2. | Private business entities that make a joint investment shall be invited for public participation; |
| (6) | "Project implementers prescribed by Presidential Decree" in Article 12 (3) 6 of the Act means the following project implementers: <Newly Inserted on Sep. 19, 2017; Jul. 7, 2020> |
| (7) | Matters necessary for the standards, procedures, and methods for inviting private business entities for public participation under paragraph (5) 2 shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Jul. 7, 2020> |
| Article 18 Deleted. <Jun. 28, 2016> |
| Article 19 (Implementation Plans for Smart City Construction Projects) |
| (1) | An implementation plan for a smart city construction project formulated pursuant to Article 14 (1) of the Act (hereinafter referred to as "implementation plan") shall be accompanied by the following documents and drawings; and in such cases, the approval authority for implementation plans shall verify the cadastral map of a project implementation area through administrative data matching prescribed in Article 36 (1) of the Electronic Government Act: <Amended on Nov. 2, 2010; Sep. 19, 2017> |
| 1. | A location map of the project implementation area; |
| 2. | A floor plan and rough design documents for the implementation plan; |
| 3. | A bill for installing public facilities to be vested in the State or a local government, as well as a bill for the existing public facilities to be vested in or transferred to the relevant project implementer (limited to where the project implementer is not the State or a local government); |
| 4. | Documents necessary for consulting with the heads of relevant central administrative agencies. |
| (2) | "Matters prescribed by Presidential Decree" in Article 14 (1) 10 of the Act means the following: <Amended on Jun. 28, 2016; Feb. 8, 2019> |
| 1. | Matters on phased implementation; |
| 2. | Project implementation system; |
| 3. | Project implementation procedures; |
| 4. | Vesting and replacement of public facilities; |
| 5. | Supply of any land, buildings, structures, etc. constructed by a smart city construction project (hereinafter referred to as "developed land, etc.") by leasing or parceling them out. |
| (3) | "Modifying any minor matters prescribed by Presidential Decree" in the proviso of Article 14 (5) of the Act means any of the following cases: <Amended on Jun. 28, 2016; Sep. 19, 2017> |
| 1. | Where the project period is changed by up to two years; |
| 2. | Where the project cost of smart city construction is changed by up to 10/100 of the total project cost; |
| 3. | Where the area for a smart city construction project is changed by up to 10/100 of the originally planned area. |
| (4) | Standards for formulating implementation plans under Article 14 (1) of the Act and other necessary matters shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. In such cases, the Minister shall pre-consult with the heads of relevant central administrative agencies thereon. <Newly Inserted on Jun. 28, 2016> |
[Title Amended on Sep. 19, 2017]
| Article 20 (Consultation Period for Constructive Authorization and Permission under Other Statutes) |
| Article 21 (Completion Inspections) |
| (1) | To undergo a completion inspection pursuant to Article 16 (1) of the Act, a project implementer (excluding the State and local governments) shall submit a report on completion of construction to the approval authority for implementation plans referred to in Article 14 (2) of the Act (hereinafter referred to as "approval authority for implementation plans"), along with the following documents and drawings: <Amended on Sep. 19, 2017> |
| 1. | A report on completion of construction (including as-built drawings and photographs); |
| 2. | A report on the vesting of smart city infrastructure under Article 18 of the Act as well as drawings thereof; |
| 3. | Any other documents necessary for completion inspections. |
| (2) | Upon receipt of a report on completion of construction under paragraph (1), the approval authority for implementation plans shall without delay conduct a completion inspection. |
| (3) | If necessary to efficiently conduct a completion inspection, the approval authority for implementation plans may request any relevant administrative agency, public institution subject to the Act on the Management of Public Institutions, research institute, other specialized institution, etc. to conduct the completion inspection. |
| (4) | The approval authority for implementation plans may request an administration office which is to acquire or manage public facilities included in a report on completion of construction, to participate in the relevant completion inspections; and the administration office so requested shall comply with such request, in the absence of special circumstances. |
| (5) | If a smart city construction project is completed or a project implementer referred to in paragraph (1) has undergone a completion construction inspection, the State or a local government shall give public notice of the completion of construction containing the following information, in the Official Gazette or official reports: <Amended on Sep. 19, 2017> |
| 3. | Location of the project implementation area; |
| 4. | Date of completion of construction; |
| 5. | Details of the smart city infrastructure constructed and smart city services; |
| Article 22 (Managing and Operating Smart City Infrastructure) |
| (1) | The administration office of smart city infrastructure referred to in Article 19 (1) of the Act (including persons entrusted with managing and operating it pursuant to Article 19 (3) of the Act; hereinafter referred to as "administration office of smart city infrastructure") shall manage and operate smart city infrastructure, considering the following: <Amended on Sep. 19, 2017> |
| 1. | Efficiently maintaining and repairing smart city infrastructure as well as improving functions thereof; |
| 2. | Cooperative role-sharing between managing entities for interconnecting and integratedly managing smart city infrastructure; |
| 3. | Financing and reducing expenses incurred in managing and operating smart city infrastructure. |
| (2) | "Institutions prescribed by Presidential Decree" in Article 19 (3) of the Act means the following: <Amended on Oct. 1, 2010; Jul. 7, 2020; Dec. 8, 2020; Dec. 8, 2020> |
| (3) | Procedures for entrustment under Article 19 (3) of the Act and other matters shall be prescribed and publicly announced by the administration office of smart city infrastructure. <Amended on Sep. 19, 2017> |
| (4) | Where the administration office of smart city infrastructure fully or partially entrusts the affairs relating to managing and operating smart city infrastructure, it may pay charges or subsidies necessary for conducting the affairs, to a person entrusted with the affairs. <Amended on Sep. 19, 2017> |
| (5) | The administration office of smart city infrastructure may require a person entrusted with the affairs to pay some of the profits accruing from the entrusted affairs. <Amended on Sep. 19, 2017> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the management and operation of smart city infrastructure and the entrustment of the management and operation thereof shall be prescribed by the Minister of Land, Infrastructure and Transport in consulting with the heads of relevant central administrative agencies. <Amended on Mar. 23, 2013; Sep. 19, 2017; Jul. 7, 2020> |
[Title Amended on Sep. 19, 2017]
CHAPTER III-2 VITALIZING SMART CITY SERVICES
| Article 22-2 (Vitalizing Distribution of Information on Smart City Services) |
| (1) | Where the administration office of smart city infrastructure intends to provide information pursuant to Article 19-2 (1) of the Act, it shall disclose the list, an outline, etc. of the information on the website of the relevant agency. <Amended on Sep. 19, 2017> |
| (2) | Charges referred to in Article 19-2 (2) of the Act shall be determined by the administration office of smart city infrastructure within the limit of actual expenses; and the details thereof shall be publicly notified in the Official Gazette or public gazette and publicly announced on the website of the relevant agency. <Amended on Sep. 19, 2017> |
| (3) | The administration office of smart city infrastructure may exempt charges if using information on smart city services falls under any of the following cases: <Amended on Sep. 19, 2017> |
| 1. | Where the State or a local government uses the services for its affairs; |
| 2. | Where an educational institution or research institute uses the services for education or research. |
[This Article Newly Inserted on Nov. 20, 2012]
[Title Amended on Sep. 19, 2017]
| Article 22-3 (Utilization of Smart City Infrastructure) |
| (1) | Where the administration office of smart city infrastructure intends to charge fees for using smart city infrastructure pursuant to Article 19-3 (1) of the Act, it shall determine the fees within the limit of actual expenses; and shall give public notice of the details of the fees in the Official Gazette or public gazette and publicly announce them on the website of the relevant agency. <Amended on Sep. 19, 2017> |
| (2) | Article 22-2 (3) shall apply mutatis mutandis to the exemption from the fees referred to in paragraph (1). In such cases, "using information on smart city services" shall be construed as "using smart city infrastructure", and "charges" shall be construed as "fees". <Amended on Sep. 19, 2017> |
[This Article Newly Inserted on Nov. 20, 2012]
[Title Amended on Sep. 19, 2017]
| Article 22-4 (Designation of Supporting Agencies for Smart City Services) |
| (1) | To designate a supporting agency for smart city services (hereinafter referred to as "supporting agency") pursuant to Article 19-4 (1) of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify matters regarding application for the designation, such as the method for filing an application for designation, in the Official Gazette; and shall publicly announce the matters on the relevant website, etc. <Amended on Mar. 23, 2013; Sep. 19, 2017> |
| (2) | A person intending to be designated as a supporting agency shall meet the requirements specified in attached Table 1. |
| (3) | A person intending to be designated as a supporting agency shall file an application with the Minister of Land, Infrastructure and Transport, along with the following documents: <Amended on Mar. 23, 2013> |
| 1. | The articles of incorporation or operational regulations equivalent thereto; |
| 3. | Status of specialists on payroll; |
| 4. | A detailed statement of facilities. |
| (4) | Upon designating a supporting agency, or upon revoking the designation of a supporting agency or issuing an order for business suspension, pursuant to Article 19-4 (1) or (4) of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify such fact in the Official Gazette and shall publicly announce it on the relevant website. <Amended on Mar. 23, 2013> |
| (5) | Criteria for revoking the designation of a supporting agency or for suspending its business operations under Article 19-4 (4) of the Act shall be as specified in attached Table 2. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the procedures for designating and operating a supporting agency shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Nov. 20, 2012]
[Title Amended on Sep. 19, 2017]
CHAPTER IV STANDARDS FOR SMART CITY TECHNOLOGIES AND PROTECTION OF INFORMATION
| Article 23 (Standards for Convergence Technologies) |
| (1) | "Heads of relevant central administrative agencies prescribed by Presidential Decree" in the main clause of Article 20 (1) of the Act means the following persons: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Aug. 4, 2020> |
| 1. | The Minister of the Interior and Safety; |
| 2. | The Minister of Trade, Industry and Energy; |
| 3. | The Chairperson of the Korea Communications Commission; |
| 4. | The Chairperson of the Personal Information Protection Commission. |
| (2) | To efficiently implement affairs relating to establishing the standards for convergence technologies of construction and information and communications (hereinafter referred to as "convergence technologies") pursuant to Article 20 of the Act, the Minister of Land, Infrastructure and Transport may designate and operate a dedicated agency. <Amended on Mar. 23, 2013> |
| (3) | Upon designating a dedicated agency under paragraph (2), the Minister of Land, Infrastructure and Transport shall publicly notify such fact. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport may subsidize the expenses incurred by a dedicated agency under paragraph (2) in performing its duties, within budgetary limits. <Amended on Mar. 23, 2013> |
| Article 24 (Protection of Smart City Infrastructure) |
"Facilities prescribed by Presidential Decree" in Article 22 (1) of the Act means an integrated operation center of a smart city referred to in subparagraph 2 of Article 4. <Amended on Sep. 19, 2017> [Title Amended on Sep. 19, 2017]
CHAPTER V SMART CITY PROMOTION SYSTEM
| Article 25 (Composition of National Smart City Committee) |
| (1) | The term of office of any member commissioned by the Minister of Land, Infrastructure and Transport pursuant to Article 23 (3) 1 of the Act, among members of the National Smart City Committee established under Article 23 (1) of the Act (hereinafter referred to as the "Committee"), shall be two years; and the term may be renewed. <Amended on Jun. 28, 2016; Sep. 19, 2017> |
| (2) | "Vice Ministers of central administrative agencies prescribed by Presidential Decree" in Article 23 (3) 5 of the Act means the following persons: <Amended on Jun. 28, 2016; Sep. 19, 2017; Feb. 25, 2020; Jun. 15, 2021> |
| 1. | The Second Vice Minister of Economy and Finance; |
| 2. | The Second Vice Minister of Culture, Sports and Tourism; |
| 3. | The Vice Minister of Trade, Industry and Energy; |
| 4. | The Vice Minister of Health and Welfare; |
| 5. | The Vice Minister of Environment; |
| 6. | The Vice Minister of SMEs and Startups. |
| (3) | The Chairperson of the Committee shall represent the Committee and exercise general supervision over the affairs of the Committee. |
| (4) | Where the Chairperson is unable to perform his or her duties in inevitable circumstances, the Vice Chairperson who is the Vice Minister of the Land, Infrastructure and Transport shall act on behalf of the Chairperson. <Amended on Mar. 23, 2013; Jun. 28, 2016> |
| (5) | The Committee shall have two secretaries, one of whom shall be a person in charge in any field related to national land or cities among members of the Senior Executive Service in the Ministry of Land, Infrastructure and Transport; and the other, a person in charge in any field related to informatization among members of the Senior Executive Service in the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[Title Amended on Sep. 19, 2017]
| Article 25-2 (Dismissal of Committee Members) |
The Minister of Land, Infrastructure and Transport may dismiss a member of the Committee specified in Article 23 (3) 1 of the Act in any of the following cases: | 1. | The member becomes unable to perform his or her duties due to a mental or physical disorder; |
| 2. | The member has engaged in any misconduct in relation to his or her duties; |
| 3. | The member is deemed unfit as a member due to neglecting his or her duties, losing dignity, or other similar reasons; |
| 4. | The member voluntarily indicates that it is impracticable for him or her to perform his or her duties. |
[This Article Newly Inserted on Jun. 28, 2016]
| Article 26 (Operation of Committee) |
| (1) | The Chairperson shall convene and preside over meetings of the Committee. |
| (2) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (3) | If deemed necessary for deliberation, the Committee may request relevant agencies to submit necessary data or have relevant public officials or persons attend any of its meetings to hear their opinions, and the relevant agencies, public officials, or persons so requested shall comply with such request in the absence of special circumstances. |
| (4) | Allowances may be provided, and travel expenses may be reimbursed, within budgetary limits, to members of the Committee other than public officials. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for operating the Committee shall be determined by the Chairperson by resolution of the Committee. |
| Article 27 (Specialized Committees or Consultative Body Comprised of Local Governments) |
| (1) | Pursuant to Article 23 (4) of the Act, a specialized committee shall be established within the Committee for each of the following sectors to support specialized surveys and research as well as deliberation by the Committee regarding smart cities: <Amended on Jun. 28, 2016; Sep. 19, 2017; Feb. 25, 2020> |
| 1. | Regulatory exceptions; |
| 2. | Support for national pilot smart cities; |
| 3. | Other sectors deemed necessary by the Chairperson; |
| 4. | Deleted. <Feb. 25, 2020> |
| (3) | The composition, operation, and duties of the specialized committees referred to in paragraph (1) and the consultative body comprised of local governments referred to in paragraph (2), and other necessary matters shall be determined by the Chairperson, subject to deliberation by the Committee. <Amended on Sep. 19, 2017> |
[Title Amended on Sep. 19, 2017]
| Article 27-2 (Supporting Bureau for National Pilot Smart Cities) |
| 1. | Formulating, implementing, and managing plans for national pilot smart city construction projects; |
| 2. | Consulting with agencies relating to improving systems, subsidizing budgets, etc. to promote national pilot smart city construction projects; |
| 3. | Research and development relating to national pilot smart city construction projects; |
| 4. | International cooperation and overseas expansion relating to national pilot smart cities; |
| 5. | Publicity for national pilot smart cities in Korea and abroad. |
| (2) | A member in general service of the Senior Executive Service who is in charge of city polices in the Ministry of Land, Infrastructure and Transport, shall concurrently serve as the head of the Supporting Bureau for National Pilot Smart Cities established under Article 23-2 (1) of the Act. |
| (3) | The Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies, local governments, relevant agencies or organizations, or project implementers to dispatch public officials or staff members under their management, if necessary to perform the duties of the Supporting Bureau for National Pilot Smart Cities established under Article 23-2 (1) of the Act. |
| (4) | Except as provided in paragraphs (1) through (3), composing and operating the Supporting Bureau for National Pilot Smart Cities and other necessary matters shall be prescribed by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Feb. 8, 2019]
| Article 28 (Matters Subject to Consultation by Consultative Council for Smart City Projects) |
| 1. | Completion inspections for smart city construction projects; |
| 2. | Any other matters determined by a resolution of the relevant consultative council for smart city projects, which are necessary to seamlessly promote smart city construction projects. |
[Title Amended on Sep. 19, 2017]
| Article 28-2 (Authorization to Establish Association of Smart Cities) |
| (1) | To establish an association of smart cities pursuant to Article 24-2 (1) of the Act, at least 10 business entities related to smart city services (hereinafter referred to as "smart city business entities"), such as project implementers referred to in Article 12 (1) or (3) of the Act (excluding the State and local governments), shall convene, as promoters, an inaugural general meeting; shall prepare the articles of association with the consent of a majority of those present at the inaugural general meeting attended by at least 30 smart city business entities; and shall obtain authorization from the Minister of Land, Infrastructure and Transport. |
| (2) | Upon granting authorization under paragraph (1), the Minister of Land, Infrastructure and Transport shall publicly announce such fact. |
[This Article Newly Inserted on Sep. 19, 2017]
CHAPTER VI SUPPORT FOR SMART CITY INDUSTRY
| Article 29 (Subsidies or Loans) |
The Minister of Land, Infrastructure and Transport may partially subsidize or finance the costs of any smart city construction project, any project to improve smart innovation technologies and services, or other relevant projects from the budget pursuant to Article 26 of the Act, in consulting with the heads of relevant central administrative agencies. <Amended on Mar. 23, 2013; Sep. 19, 2017; Jun. 15, 2021>
| Article 30 (Designation of Specialized Complexes for Smart Cities) |
| (1) | The head of a Si/Gun may request the Minister of Land, Infrastructure and Transport to designate a specialized complex for smart cities (hereinafter referred to as "specialized complex") under Article 29 (1) of the Act. <Amended on Mar. 23, 2013; Sep. 19, 2017> |
| (2) | To request designation of a specialized complex pursuant to paragraph (1), the head of a Si/Gun shall submit a document, including the following, to the Minister of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Sep. 19, 2017> |
| 1. | The area requested for designation as a specialized complex, as well as the details of the relevant project; |
| 2. | Grounds for requesting the designation; |
| 3. | Details of a budget, human resources, etc. the head of the Si/Gun may support for a special complex; |
| 4. | Any other matters to be considered to designate a special complex. |
| (3) | If necessary for designating a special complex pursuant to Article 29 (1) of the Act, the Minister of Land, Infrastructure and Transport may request a specialized committee established pursuant to Article 27 (1) to conduct surveys and research. <Amended on Mar. 23, 2013; Sep. 19, 2017> |
| (4) | Upon designating a special complex, the Minister of Land, Infrastructure and Transport shall publicly announce the designated city, details of the relevant project, grounds for the designation, etc. in the Official Gazette and on the relevant website; and shall notify the head of the relevant Si/Gun, administrative agency, or local government that has requested such designation, of the details of the designation. <Amended on Mar. 23, 2013; Sep. 19, 2017> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for designating a special complex, etc. shall be prescribed by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Sep. 19, 2017> |
[Title Amended on Sep. 19, 2017]
| Article 31 (Criteria and Methods for Certification of Smart Cities) |
| (1) | To certify the matters specified in the subparagraphs of Article 32 (1) of the Act, the Minister of Land, Infrastructure and Transport shall establish and publicly notify certification criteria (hereinafter referred to as "certification criteria") in advance, including the following: <Amended on Jul. 7, 2020> |
| 1. | Certification indices and evaluation items for each subject of certification; |
| 2. | Detailed evaluation criteria for each evaluation item, such as allocated points. |
| (2) | The Minister of Land, Infrastructure and Transport shall determine whether to grant certification by conducting written evaluations and field inspections in compliance with the certification criteria. |
| (3) | Where expert reviews are required to determine whether to grant certification, the Minister of Land, Infrastructure and Transport may request that an evaluation institution designated by the Minister of Land, Infrastructure and Transport conduct a document evaluation or an on-site inspection under paragraph (2). In such cases, matters necessary for requirements and methods for designating an evaluation institution shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Jul. 7, 2020> |
| (4) | Except as provided in paragraphs (1) and (3), matters necessary for the certification criteria, methods, and procedures shall be publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the Minister of the Interior and Safety and the heads of other relevant central administrative agencies. <Amended on Jul. 7, 2020> |
[This Article Newly Inserted on Sep. 19, 2017]
| Article 32 (Revocation of Certification) |
| (1) | To revoke certification for smart cities, etc. pursuant to Article 33 of the Act, the Minister of Land, Infrastructure and Transport shall provide a person who was certified with advance notice of the revocation, specifying the grounds for revocation and the period for submitting explanatory materials. |
| (2) | Where a person in receipt of advance notice of the revocation under paragraph (1) fails to submit any explanatory materials within the submission period, the Minister of Land, Infrastructure and Transport shall give the second advance notice thereof to such person. |
| (3) | Where a person who was certified fails to submit any explanatory materials within the period for submitting explanatory materials specified in the second advance notice, or where submitted explanatory materials are deemed groundless, the Minister of Land, Infrastructure and Transport shall revoke the certification. |
| (4) | Upon revoking certification, the Minister of Land, Infrastructure and Transport shall notify the relevant person who was certified of such fact without delay; and shall post it on the website of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Sep. 19, 2017]
| Article 33 (Placing Certification Marks) |
Where a person who was certified for a smart city, etc. intends to use a certification mark or to publicize the fact that he or she was certified pursuant to Article 34 (1) of the Act, the person shall do so according to the methods of placing certification marks prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. [This Article Newly Inserted on Sep. 19, 2017]
CHAPTER VII DESIGNATION OF, AND SUPPORT FOR, NATIONAL PILOT SMART CITIES
| Article 34 (Standards and Procedures for Designation of National Pilot Smart Cities) |
| (1) | "Area that meets the requirements prescribed by Presidential Decree" in Article 35 (1) 4 of the Act means any of the following areas: |
| 1. | An area which is expected to contribute to the balanced national development because it is evaluated to have a profound spillover effect and influence on surrounding cities if designated and operated as a national pilot smart city; |
| 2. | An area where innovation industries are expected to be clustered, and thus private participation is highly likely to increase. |
| (2) | Not later than 30 days from receipt of a request for consultation or opinion from the Minister of Land, Infrastructure and Transport under Article 35 (2) of the Act, the head of a relevant central administrative agency and the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, 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") shall give opinions in response to such request, in the absence of special circumstances. |
| (4) | Upon designating a national pilot smart city, revoking the designation thereof, or amending the scope of the national pilot smart city pursuant to Article 35 (1), (3), or (4) of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify matters classified as follows in the Official Gazette, without delay pursuant to Article 35 (6) of the Act: |
| 1. | Where a national pilot smart city has been designated: The following: |
| (a) | Name, location, and area of the national pilot smart city; |
| (b) | Objectives of designation of the national pilot smart city; |
| (c) | Details of any project to be implemented in the national pilot smart city; |
| (d) | Any other matters the Minister of Land, Infrastructure and Transport deems necessary; |
| 2. | Where the scope of a national pilot smart city has been amended: The grounds for amendment, as well as the matters specified in the items of subparagraph 1 for the national pilot smart city with the scope amended; |
| 3. | Where the designation of a national pilot smart city has been revoked: The fact that the designation has been revoked, as well as the grounds for revocation. |
[This Article Newly Inserted on Feb. 8, 2019]
[Previous Article 34 moved to Article 46 <Feb. 8, 2019>]
| Article 35 (Commission of Master Planners for National Pilot Smart Cities) |
| (1) | The Minister of Land, Infrastructure and Transport may commission a master planner under Article 35-2 (1) of the Act (hereinafter referred to as "master planner") from among persons with expertise or experience in smart-city-related fields like technology, economy, society and science. <Amended on Aug. 20, 2019> |
| (2) | "Duties prescribed by Presidential Decree, such as support for the operation of a national pilot smart city construction project" in Article 35-2 (1) 3 of the Act means the following duties in relation to the operation of a national pilot smart city construction project: <Amended on Aug. 20, 2019> |
| 1. | Assistance in the establishment and operation of a system to promote national pilot smart city construction projects; |
| 2. | Assistance in domestic and overseas cooperation for national pilot smart city construction projects. |
| (3) | The Minister of Land, Infrastructure and Transport may offer necessary assistance like budget support, if necessary to help a master planner perform his or her duties without disruption. <Newly Inserted on Aug. 20, 2019> |
| (4) | A master planner may organize and operate a master planning team, if necessary to perform his or her duties without disruption. <Newly Inserted on Aug. 20, 2019> |
| (5) | Procedures for commissioning a master planner, methods of performing duties, the organization and operation of a master planning team, and other necessary matters shall be prescribed by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Aug. 20, 2019> |
[This Article Newly Inserted on Feb. 8, 2019]
[Title Amended on Aug. 20, 2019]
| Article 36 (Support for National Pilot Smart Cities) |
| (1) | The Minister of Land, Infrastructure and Transport or the head of the competent local government may provide financial support, such as granting subsidies or loans, for the following pursuant to Article 36 (1) of the Act: |
| 1. | Expenses incurred in formulating plans for any project promoted by a national pilot smart city; |
| 2. | Expenses incurred in implementing any project promoted by a national pilot smart city. |
| (2) | "Projects prescribed by Presidential Decree for the development of smart city technologies, etc." in Article 36 (2) of the Act means the following: <Newly Inserted on Aug. 20, 2019> |
| 1. | Development of smart city technologies; |
| 2. | Establishment and sophistication of smart city infrastructure; |
| 3. | Provision of smart city services. |
| (3) | The Minister of Land, Infrastructure and Transport or the head of the competent local government may fully or partially subsidize expenses related to the following pursuant to Article 36 (1) of the Act, for any enterprise, research institute, university, etc. located in an innovative growth promotion zone designated pursuant to Article 43 of the Act: <Amended on Aug. 20, 2019> |
| 1. | Technological development for innovation industries; |
| 2. | Training and utilizing innovation industry specialists; |
| 3. | Expanding research and development facilities, equipment, etc. related to innovation industries; |
| 4. | Facilitating the commercialization of innovation industries; |
| 5. | Establishing a management and distribution system for information on innovation industries. |
| (4) | Where the head of the competent local government provides budget or personnel support under Article 36 (1) or (2), he or she shall notify the Minister of Land, Infrastructure and Transport of the details of such support. <Amended on Aug. 20, 2019> |
[This Article Newly Inserted on Feb. 8, 2019]
| Article 37 (Exclusion of Other Statutes or Regulations regarding Using Anonymized Personal Information) |
"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" in Article 37 of the Act means the following persons: | 1. | The heads of relevant central administrative agencies who designate national pilot smart cities or promote any project to support designated national pilot smart cities; |
| 2. | The heads of the local governments having jurisdiction over national pilot smart cities; |
| 3. | Implementers of national pilot smart city construction projects; |
| 4. | Persons who provide smart city services in any national pilot smart city. |
[This Article Newly Inserted on Feb. 8, 2019]
| Article 38 (Procedures for Inviting Public Participation in Project Planning) |
| 1. | Outline of a project plan, including the objectives, location, scale, period, and method of the relevant national pilot smart city construction project; |
| 2. | A plan to supply developed land, etc. by leasing or parceling them out; |
| 3. | Guidelines for preparing a project plan; |
| 4. | Description of how to participate publically, such as the period and method of submitting a project plan; |
| 5. | Criteria and plans for evaluating project plans; |
| 6. | Any other matters necessary for preparing and submitting project plans. |
| (2) | A project implementer shall evaluate project plans, submitted in compliance with public notice provided under paragraph (1), in accordance with paragraph (1) 5; and shall select one among the project plans. |
[This Article Newly Inserted on Feb. 8, 2019]
| Article 39 (Methods of Supplying Developed Land) |
| (1) | A project implementer may supply any developed land, etc. to a person selected under Article 38 (2), by leasing or parceling them out under a no-bid contract pursuant to Article 38 (2) of the Act. |
| (2) | Except as provided in paragraph (1), the methods of supplying developed land, etc. under a no-bid contract and through leasing or parceling-out, and other necessary matters shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Feb. 8, 2019]
| Article 40 (Special Cases concerning Software Projects) |
| (1) | "Cases prescribed by Presidential Decree" in the proviso, with the exception of its subparagraphs, of Article 41 (2) of the Act means the following: |
| 1. | Participating in a project in compliance with such standards and procedures as are publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the Minister of Science and ICT regarding consortiums with small and medium enterprises defined in Article 2 of the Framework Act on Small and Medium Enterprises; |
| 2. | Participating in a project which is re-ordered because no software business entity has been selected (limited to projects ordered by the Administrator of the Public Procurement Service requested by the State, a local government, or any pubic institution under the Act on the Management of Public Institutions, in accordance with the Government Procurement Act); |
| 3. | Participating in a project related to exporting, electric power, or cultivating other innovation industry, in which participation by a software business entity specified in the subparagraphs of Article 41 (2) of the Act is deemed inevitable, as publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the Minister of Science and ICT. |
| (3) | Detailed standards and procedures for imposing restrictions on participation in tendering and other necessary matters, shall be publicly notified by the Minister of Land, Infrastructure and Transport in consulting with the Minister of Science and ICT. |
[This Article Newly Inserted on Feb. 8, 2019]
| Article 40-2 (Special Cases concerning Scope of Renewable Energy) |
| (2) | Where the Minister of Land, Infrastructure and Transport has otherwise determined the scope of renewable energy pursuant to Article 42-2 (1) of the Act, the Minister shall publicly notify them in the Official Gazette. |
[This Article Newly Inserted on Oct. 24, 2019]
| Article 40-3 (Special Cases concerning Car Rental Business) |
The area of the garage owned by a person who intends to operate a car rental business under Article 42-3 of the Act and the standards for the place of business shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in consideration of rental car demand, the accommodation capacity of traffic facilities, including roads and parking lots already installed or to be installed. [This Article Newly Inserted on Oct. 24, 2019]
| Article 41 (Standards for Designation of Innovative Growth Promotion Zones) |
When designating an innovative growth promotion zone pursuant to Article 43 (1) of the Act, the Minister of Land, Infrastructure and Transport shall consider the following: | 1. | The necessity for revitalizing convergence of smart city services and smart city technologies; |
| 2. | The necessity for developing the innovative growth promotion zone into a growth hub of the relevant region or for particularly facilitating private participation; |
| 3. | The necessity for relaxing restrictions on using land, as well as on the purpose of use, building-to-land ratio, ratio of volume, height, etc. of buildings to create diverse and creative urban spaces. |
[This Article Newly Inserted on Feb. 8, 2019]
| Article 42 (Procedures for Designation, and Alteration or Revocation of Designation, of Innovative Growth Promotion Zones) |
| (1) | To designate an innovative growth promotion zone pursuant to Article 43 (1) of the Act, the Minister of Land, Infrastructure and Transport shall formulate a plan to designate the innovative growth promotion zone, including the following: <Amended on Oct. 24, 2019> |
| 1. | Name, location, and area of the innovative growth promotion zone; |
| 2. | Objectives of designation of the innovative growth promotion zone; |
| 3. | Details of projects implemented in the innovative growth promotion zone; |
| 4. | The following support and operation: |
| (a) | Support to facilitate private participation; |
| (d) | Support for project implementers and enterprises located in the innovative growth promotion zone; |
| (e) | Any other matters the Minister of Land, Infrastructure and Transport deems necessary to provide support for innovative growth promotion zones. |
| (2) | If necessary to formulate a designation plan under paragraph (1), the Minister of Land, Infrastructure and Transport may request the head of the competent local government or the relevant project implementer to submit data. |
| (3) | The Minister of Land, Infrastructure and Transport shall consult with the head of the competent local government on the designation plan formulated pursuant to paragraph (1), under the main clause of Article 43 (2) of the Act. |
| (4) | The Minister of Land, Infrastructure and Transport and the head of the competent local government shall publicly announce the designation plan consulted on pursuant to paragraph (3) in the Official Gazette and the official report of the local government for at least 14 days to hear opinions of local residents; and the Minister shall reflect their opinions in the designation plan, to the extent deemed reasonable. |
| (5) | The Minister of Land, Infrastructure and Transport shall finalize the designation plan after hearing the opinions of local residents under paragraph (4), subject to deliberation by the Committee. |
| (6) | If necessary to alter or revoke the designation of an innovative growth promotion zone designated pursuant to Article 43 (2) of the Act, the Minister of Land, Infrastructure and Transport may request the head of the competent local government or the relevant project implementer to submit data. |
[This Article Newly Inserted on Feb. 8, 2019]
| Article 43 (Modification of Minor Matters) |
| 1. | Matters modified to reflect the provisions of the Act or this Decree amended or the provisions of any other statutes or regulations enacted, amended, or repealed; |
| 2. | Errors, misentries, omissions, or any other matters not affecting the objectives of designation of innovative growth promotion zones, the grounds for modifying which are clear; |
| 3. | Name of an innovative growth promotion zone modified due to change of the relevant administrative district, etc.; |
| 4. | Modifying the area of an innovative growth promotion zone by up to 10/100 of the area. |
[This Article Newly Inserted on Feb. 8, 2019]
| Article 44 (Public Notice of Designation, Alteration or Revocation of of Innovative Growth Promotion Zones) |
Upon designating an innovative growth promotion zone, or altering or revoking the designation thereof, the Minister of Land, Infrastructure and Transport shall publicly notify matters classified as follows in the Official Gazette; and shall post the matters on the relevant website pursuant to Article 43 (3) of the Act: | 1. | Where an innovative growth promotion zone has been designated: The following: |
| (a) | Name, location, and area of the innovative growth promotion zone; |
| (b) | Objectives of designating the innovative growth promotion zone; |
| (c) | Details of projects implemented in the innovative growth promotion zone; |
| (d) | Topographical drawings indicating the innovative growth promotion zone; |
| (f) | Any other matters the Minister of Land, Infrastructure and Transport deems necessary; |
| 2. | Where the designation of an innovative growth promotion zone has been altered: The grounds for the alteration, as well as the matters specified in the items of subparagraph 1 for the innovative growth promotion zone, the designation of which has been altered; |
| 3. | Where the designation of an innovative growth promotion zone has been revoked: The fact that the designation has been revoked, as well as the grounds for revocation. |
[This Article Newly Inserted on Feb. 8, 2019]
| Article 44-2 (Special Cases concerning Designation of Areas under Minimal Siting Restrictions) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to designate an innovative growth promotion zone pursuant to Article 44 (2) of the Act, matters that may be otherwise determined in relation to the designation, etc. of the area under minimal siting restrictions shall be as follows: |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to otherwise determine the matters referred to in the subparagraphs of paragraph (1), the Minister shall make an administrative announcement under Article 46 of the Administrative Procedures Act. |
| (3) | Where the Minister of Land, Infrastructure and Transport otherwise determines the matters referred to in the subparagraphs of paragraph (1), the Minister shall publicly notify them in the Official Gazette. |
[This Article Newly Inserted on Oct. 24, 2019]
| Article 45 Deleted. <Jun. 15, 2021> |
CHAPTER VIII SPECIAL REGULATORY EXCEPTIONS FOR SMART INNOVATION AND DEMONSTRATION PROJECTS
| Article 46 Deleted. <Jun. 15, 2021> |
| Article 47 Deleted. <Jun. 15, 2021> |
| Article 48 Deleted. <Jun. 15, 2021> |
| Article 49 Deleted. <Jun. 15, 2021> |
| Article 50 Deleted. <Jun. 15, 2021> |
| Article 51 Deleted. <Jun. 15, 2021> |
| Article 52 (Smart Innovation Projects) |
| 1. | Need and innovativeness of a smart innovation project; |
| 3. | Improved user-friendliness for residents, etc. and the expected social and economic effects; |
| 4. | Methods of implementing a smart innovation project; |
| 5. | System for promoting a smart innovation project; |
| 6. | Financing and execution plans for the implementation of a smart innovation project; |
| 7. | Other matters determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (2) | A business entity that intends to implement a smart innovation project pursuant to Article 49 (1) of the Act (hereinafter referred to as "smart innovation project implementer") shall submit a project application prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport, along with the following documents: Provided, That where he or she files an application for approval under Article 53-3 (7) of the Act, all or part of the following documents need not be submitted, as prescribed by the Minister of Land, Infrastructure and Transport: <Amended on Jun. 15, 2021> |
| 1. | A plan for implementing a smart innovation project referred to in Article 49 (1) of the Act (hereinafter referred to as "smart innovation project plan"); |
| 3. | Opinions of the head of the competent local government, requests for measures, and plans for such measures under the latter part of Article 49 (2) of the Act; |
| 4. | Data evidencing the safety of the relevant smart innovation technologies and services. |
| (3) | The Minister of Land, Infrastructure and Transport may reject an application for the approval of a smart innovation project plan, in any of the following cases: |
| 1. | Where a smart innovation project plan is prepared by fraud or other improper means; |
| 2. | Where the relevant smart innovation project plan has not been reviewed by the head of the competent local government pursuant to the former part of Article 49 (2) of the Act; |
| 3. | Where the accompanying documents specified in the subparagraphs of paragraph (2) are not submitted. |
| (4) | Where a person who has filed an application for the approval of a smart innovation project plan fails to supplement the data, despite a request for the supplementation of the data pursuant to Article 49 (5) of the Act, the head of the relevant central administrative agency shall send the results of his or her review based on the already submitted data to the Minister of Land, Infrastructure and Transport. |
| (5) | Deleted. <Jun. 15, 2021> |
| (6) | Where the Minister of Land, Infrastructure and Transport approves a smart innovation project plan under Article 49 (7) of the Act, the Minister shall issue a certificate of approval prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall publicly announce the smart innovation project plan in the Official Gazette, including the following details: |
| 1. | Details of the smart innovation project, regulatory exceptions of other statutes or regulations, and the improvement of regulations; |
| 2. | Name and address of a smart innovation project implementer (if the implementer is a corporation, referring to the name and address of such corporation, and the name of its representative); |
| 3. | Implementation period of a smart innovation project. |
| (7) | Except as provided in paragraphs (1) through (6), details necessary for obtaining approval of a smart innovation project plan shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Feb. 25, 2020]
| Article 52-2 (Application for Prompt Verification of Regulations) |
| (1) | Where a person who intends to conduct business based on smart innovation technologies and services files an application to verify whether permission, approval, certification, verification, authorization, registration, etc. (hereinafter referred to as "permission, etc.") in relation to such technologies and services is required under Article 52-2 (1) of the Act, he or she shall submit an application prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, along with explanatory documents regarding the relevant technologies and services, and the project based thereon, to the Minister of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport receives a reply as to whether permission, etc. is required from the head of the competent administrative agency pursuant to Article 49-2 (3) of the Act (including where he or she fails to receive a reply from the head of the competent administrative agency within the period prescribed in paragraph (4) of the same Article), the Minister shall state the details in the notice prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to notify the applicant accordingly. |
[This Article Newly Inserted on Jun. 15, 2021]
| Article 53 (Smart Demonstration Projects) |
| Article 54 (Standards for Approval of Smart Innovation Project Plans) |
| 1. | Regulatory improvement in the relevant sector, following the implementation of a smart innovation project; |
| 2. | Appropriateness of funding plans to implement a smart innovation project; |
| 3. | Business performance capability of a smart innovation project implementer; |
| 4. | Innovativeness of a smart innovation project, improved user-friendliness for residents, etc.; |
| 5. | Appropriateness of a plan to deal with the expected civil petitions and conflicts, following the implementation of a smart innovation project; |
| 6. | Matters deemed as necessary by the Minister of Land, Infrastructure and Transport, in consideration of the characteristics of the relevant smart innovation project. |
| (2) | "Period prescribed by Presidential Decree" in the main clause of Article 51 (2) of the Act means a period determined by the Committee following deliberation thereon, in consideration of the results of a smart innovation project, the need for the extension thereof, etc. |
| (3) | A person who intends to have the implementation period extended under the main clause of Article 51 (2) of the Act shall submit to the Minister of Land, Infrastructure and Transport an application for extension prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, along with the following documents, two months prior to the expiry date of the implementation period: <Amended on Jun. 15, 2021> |
| 1. | A copy of a certificate of approval of the relevant smart innovation project plan; |
| 2. | A statement of reasons for extending the relevant smart innovation project; |
| 3. | Results of applying regulatory exceptions and implementing the relevant project; |
| 4. | Any damage, compensation for damage, etc. following the implementation of the relevant smart innovation project and the results of the countermeasures taken accordingly, if any; |
| 5. | A plan for extending the period of the liability insurance or for applying changes to compensation for damage; |
| 6. | Other matters necessary for extending the implementation period. |
| (4) | Where the Minister of Land, Infrastructure and Transport determines to extend the implementation period of a smart innovation project pursuant to Article 51 (2) of the Act, the Minister shall issue a certificate of extension prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Except as provided in paragraphs (1) through (4), detailed judgment criteria on the approval of a smart innovation project plan, review methods, and other necessary matters shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport, in consideration of matters specified in the subparagraphs of Article 51 (1) of the Act. |
[This Article Newly Inserted on Feb. 25, 2020]
| Article 55 (Modification of, Measures for, and Cancellation of Smart Innovation Projects) |
| (1) | "Modification of any minor matters prescribed by Presidential Decree" in the proviso of Article 52 (2) of the Act means the following cases: <Amended on Jun. 15, 2021> |
| 1. | Modification of a detailed smart innovation project plan, without changes in the objectives of the plan; |
| 2. | Modification of terms due to amendment to other statutes or regulations, plans, etc.; |
| 3. | Modification of the name (referring to cases where the same person changes his or her name) and address of a smart innovation project implementer (if the implementer is a corporation, referring to the name and address of such corporation, and the name of its representative); |
| 4. | Simple correction of phrases for misspelled words, missing letters, etc.; |
| 5. | Modification of any other matters as deemed necessary and prescribed by the Minister of Land, Infrastructure and Transport. |
| 1. | Partial cancellation of the relevant smart innovation project plan; In such cases, consultation with the head of the competent local government and deliberation by the Committee shall be required; |
| 2. | Requesting that the head of a local government having jurisdiction over an area where a smart innovation project is to be implemented (hereinafter referred to as "implementation area") conduct an on-site inspection of the smart innovation project and take necessary measures, such as removing or preventing hazards; |
| 3. | Requesting that a smart innovation project implementer conduct tests and inspections necessary for verifying and supplementing the safety of the relevant smart innovation project. |
| (3) | Where the Minister of Land, Infrastructure and Transport requests that measures under paragraph (2) 3 are taken, expenses incurred in the relevant test and inspection shall be borne by the relevant smart innovation project implementer. |
| (4) | Where the Minister of Land, Infrastructure and Transport takes measures under Article 52 (4) 2 of the Act against a smart innovation project implementer (hereafter in this Article referred to as "corrective order"), the period may be determined within six months: Provided, That the period may be extended only once by up to three months, if necessary. |
| (5) | Where the Minister of Land, Infrastructure and Transport issues a corrective order, the Minister shall do so in writing specifying the following: |
| 2. | Details of the corrective order; |
| 3. | Period for taking corrective measures; |
| 4. | Procedures for raising objections to the corrective order. |
| (6) | Where the Minister of Land, Infrastructure and Transport intends to issue a corrective order, the Minister shall provide the affected smart innovation project implementer with an opportunity to submit explanatory materials or to state his or her opinion in advance, and may hear the opinion of the head of a local government having jurisdiction over the implementation area concerning the corrective order. <Amended on Jun. 15, 2021> |
| (7) | Where the Minister of Land, Infrastructure and Transport revokes approval of a smart innovation project plan (including partial revocation under paragraph (2) 1; hereafter in this paragraph, the same shall apply), the Minister shall publicly notify such fact, together with the following information, in the Official Gazette: |
| 1. | Details of the relevant smart innovation project revoked; |
| 2. | Name and address of a smart innovation project implementer whose project is revoked (if the implementer is a corporation, referring to the name and address of such corporation, and the name of its representative); |
| 3. | Grounds for revocation; |
| 4. | Other measures to be taken by a smart innovation project implementer, such as compensation for damage and restoration to the original state. |
[This Article Newly Inserted on Feb. 25, 2020]
| Article 56 (Management of Smart Innovation Projects) |
| (1) | The Minister of Land, Infrastructure and Transport, the head of a relevant central administrative agency, and the head of a local government having jurisdiction over an implementation area (hereafter in this Article and Article 58-2 referred to as "head of a relevant agency") shall have their affiliated public officials inspect as to whether a smart innovation project plan has been implemented in accordance with Article 53 (1) of the Act, whether the conditions attached to the smart innovation project plan have been fulfilled, whether the approval standards have been met, whether any damage or compensation for damage has occurred, etc. <Amended on Jun. 15, 2021> |
| (2) | The Minister of Land, Infrastructure and Transport may report the results of each smart innovation project to the Committee, to inspect the status of implementing the smart innovation project plans, pursuant to paragraph (1). In such cases, the Minister of Land, Infrastructure and Transport may request that the head of the local government having jurisdiction over the implementation area or a smart innovation project implementer submit necessary data for reporting the results. <Amended on Jun. 15, 2021> |
| (3) | Upon the commencement or completion of the improvement of statutes or regulations governing permission, etc. under Article 53 (2) of the Act (hereinafter referred to as "statutes or regulations governing permission, etc."), the head of the relevant central administrative agency shall notify the Minister of Land, Infrastructure and Transport of such fact without delay. <Amended on Jun. 15, 2021> |
| (4) | Upon receipt of a notice of the completion of the improvement of statutes or regulations governing permission, etc. under paragraph (3), the Minister of Land, Infrastructure and Transport shall notify the relevant smart innovation project implementer of such fact without delay. <Newly Inserted on Jun. 15, 2021> |
| (5) | Where a smart innovation project implementer submits the results of applying regulatory exceptions and implementing the relevant project to the head of the relevant agency pursuant to Article 53 (3) of the Act, he or she shall also submit a report on the results, including the following matters, and data evidencing such fact: <Amended on Jun. 15, 2021> |
| 1. | Whether the objectives of the smart innovation project plans are achieved; |
| 2. | Whether the conditions attached to the relevant smart innovation project plan are fulfilled; |
| 3. | Whether any damage, compensation for damage, etc. has occurred to residents, etc., and the results of the countermeasures taken accordingly; |
| 4. | Results of providing and using smart innovation technologies and services; |
| 5. | Data evidencing the need for improving the statutes or regulations. |
| (6) | Where a report on the results submitted under paragraph (5) needs to be supplemented, the head of the relevant agency may request that the relevant smart innovation project implementer submit additional data and supplement the report within a specified period. <Amended on Jun. 15, 2021> |
[This Article Newly Inserted on Feb. 25, 2020]
| Article 57 (Purchase of Liability Insurance) |
| (1) | The insured amounts of liability insurance, etc. to be purchased by a smart innovation project implementer pursuant to Article 53 (6) of the Act shall satisfy the following standards: Provided, That the insured amount to be paid shall not exceed the amount of damage suffered, except as provided in the proviso of subparagraph 1: |
| 1. | 150 million won per person, in case of death: Provided, That where the amount of damage is less than 20 million won, 20 million won shall apply; |
| 2. | 30 million won per person, in case of injury; |
| 3. | 150 million won per person, where, after treatment for an injury, further treatment is no longer expected to improve the underlying condition and with symptoms persisting, the injury results in a physical disability (hereinafter referred to as "aftereffects of disability"); |
| 4. | One billion won per incident, in case of destruction or damage of property. |
| (2) | Where a case falls under at least two provisions of paragraph (1) 1 through 3, the insurance money shall be paid in accordance with the following classifications, but not to exceed the amount of damage suffered: |
| 1. | If an injured person dies from such injury during treatment: the aggregate of the amounts under paragraph (1) 1 and 2; |
| 2. | If an injured person ends up having the aftereffects of disability caused by such injury: the aggregate of the amounts under paragraph (1) 2 and 3; |
| 3. | If an injured person dies from such injury, following the payment of the amounts specified in paragraph (1) 3: the amount obtained by subtracting the amount of damage, applicable from the date of death, from the amount paid under paragraph (1) 3, out of the amount specified in paragraph (1) 1. |
| (3) | A smart innovation project implementer shall submit data evidencing the purchase of liability insurance, etc. under Article 53 (6) of the Act to the Minister of Land, Infrastructure and Transport and the head of the local government having jurisdiction over the implementation area before the smart innovation project is implemented. <Amended on Jun. 15, 2021> |
| (4) | The period of liability insurance, etc. referred to in Article 53 (6) of the Act shall expire after the implementation period of the approved smart innovation project expires, and where the implementation period is extended pursuant to Article 51 (2) of the Act, the liability insurance, etc. shall be renewed in consideration of the extension period. In such cases, a copy of the renewed policy certificate of liability insurance, etc. shall be submitted to the Minister of Land, Infrastructure and Transport and the head of the local government having jurisdiction over the implementation area within 30 days from the date the insurance is renewed. <Amended on Jun. 15, 2021> |
| (5) | Except as provided in paragraphs (1) through (4), details necessary for liability insurance, etc. shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (6) | The Minister of Land, Infrastructure and Transport may partially subsidize premiums for liability insurance, etc. referred to in paragraph (1), within the budget, for smart innovation business entities. <Newly Inserted on Jun. 15, 2021> |
[This Article Newly Inserted on Feb. 25, 2020]
| Article 57-2 (Criteria for Damage Compensation in Cases of Inability to Purchase Liability Insurance) |
| (1) | Where a smart innovation project implementer intends to obtain approval pursuant to the proviso of Article 53 (6) of the Act, it shall submit a smart innovation project plan, along with the following data, to the Minister of Land, Infrastructure and Transport: |
| 1. | A document stating the reasons for inability to purchase a liability insurance; |
| 2. | A compensation plan that includes methods, standards and procedures for compensating for potential human and physical damage, following the implementation of a smart innovation project plan. |
| (2) | Where a smart innovation project implementer prepares a plan for compensation for damage pursuant to the proviso of Article 53 (6) of the Act, the base amount shall meet the standards prescribed in Article 57 (1). |
[This Article Newly Inserted on Jun. 15, 2021]
| Article 57-3 (Procedures for Compensation for Damage) |
| (1) | A person who intends to claim compensation for damage in accordance with liability insurance or compensation plans referred to in Article 53 (6) of the Act (hereinafter referred to as "claimant for compensation") shall submit to the relevant smart innovation project implementer a claim containing the following information: |
| 1. | Name and address of a claimant for compensation; |
| 2. | Relationship between a claimant for compensation and the deceased (limited to cases where a victim is dead); |
| 4. | Claimed amount and the grounds for computing the amount. |
| (2) | Upon receipt of a claim under paragraph (1), a smart innovation project implementer shall notify the person who has filed a claim for compensation of the fact that he or she has purchased liability insurance or the compensation plan referred to in Article 57-2 (1) 2. |
| (3) | A smart innovation project implementer who has not purchased liability insurance shall compensate for damage according to the compensation plan under Article 57-2 (1) 2, within 30 days from the date of receipt of the claim pursuant to paragraph (1). |
| (4) | Where a smart innovation project implementer refuses to compensate for damage under the proviso of Article 53 (5) of the Act, he or she shall notify in writing that the claim for compensation is rejected, along with data to prove that there is no intention or negligence, within 30 days from the date of receipt of the claim pursuant to paragraph (1). |
| (5) | Upon receipt of a claim under paragraph (1), a smart innovation project implementer shall report on such fact to the Minister of Land, Infrastructure and Transport without delay, and shall report to the Minister on the result within 15 days from the date that he or she compensates for damage (including the date that he or she refuses to compensate for damage pursuant to paragraph (4)). |
[This Article Newly Inserted on Jun. 15, 2021]
| Article 58 (Entrustment of Affairs Related to Management of Smart Innovation Projects) |
| 1. | Deleted; <Jun. 15, 2021> |
| 2. | Deleted. <Jun. 15, 2021> |
| (2) | Where the affairs are entrusted pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall publicly notify in the Official Gazette the entrusted institutions and the details of the entrusted affairs. |
[This Article Newly Inserted on Feb. 25, 2020]
| Article 58-2 (Management of Smart Demonstration Projects) |
| (1) | The head of each relevant agency shall have his or her affiliated public officials inspect the current status of implementing a smart demonstration project plan, whether the conditions attached to the smart demonstration project plan are fulfilled, whether the standards for approval are met, whether damage has occurred, whether compensation for damage has been paid, etc. pursuant to Article 53-2 (1) of the Act. |
| (2) | The Minister of Land, Infrastructure and Transport may report the results of each smart demonstration project to the Committee to inspect the status, etc. of implementing smart demonstration project plans under paragraph (1). In such cases, to report on the results, the Minister of Land, Infrastructure and Transport may request that the head of a local government having jurisdiction over the area in which a smart demonstration project is intended to be implemented (hereinafter referred to as "demonstration area") or a smart demonstration project implementer submit necessary data. |
| (3) | Where a smart demonstration project implementer submits the results of applying regulatory exceptions and demonstration to the head of a relevant agency pursuant to Article 53-2 (2) of the Act, a report on the results containing the following information and evidencing data shall also be submitted: |
| 1. | Whether the objectives of the smart demonstration project plan are achieved; |
| 2. | Whether the conditions attached to the relevant smart demonstration project plan are fulfilled; |
| 3. | Whether residents, etc. have sustained damage, such damage has been compensated, and the results of the measures taken; |
| 4. | Results of testing and verifying smart innovation technologies and services; |
| (4) | Where a report on the results submitted under paragraph (3) needs to be supplemented, the head of the relevant agency may request that the relevant smart demonstration project implementer submit additional data and supplement the report within a specified period. |
| (5) | Where the head of a relevant central administrative agency commences or completes the improvement of statutes or regulations governing permission, etc. under Article 53-2 (3) of the Act, he or she shall promptly notify the Minister of Land, Infrastructure and Transport of such fact. |
| (6) | Upon receipt of a notice of the completion of the improvement of statutes or regulations governing permission, etc. under paragraph (5), the Minister of Land, Infrastructure and Transport shall promptly notify the relevant smart demonstration project implementer of such fact. |
| (7) | Articles 57, 57-2 and 57-3 shall apply mutatis mutandis to the purchase of liability insurance, etc. under Article 53-2 (5) of the Act, the standards and procedures for compensation for damage where it is impracticable to purchase liability insurance. In such cases, "smart innovation project implementer" shall be construed as "smart demonstration project implementer", and "smart innovation project" as "smart demonstration project". |
| (8) | Article 58 shall apply mutatis mutandis to the entrustment of affairs related to the management, etc. of smart demonstration projects pursuant to Article 53-2 (6) of the Act. In such cases, "smart innovation project" shall be construed as "smart demonstration project". |
[This Article Newly Inserted on Jun. 15, 2021]
| Article 58-3 (Demonstration Period of Smart Demonstration Projects) |
| (2) | A smart demonstration project implementer who intends to extend the demonstration period pursuant to Article 53-3 (1) of the Act shall submit the documents under the subparagraphs of Article 54 (3), which is applied mutatis mutandis pursuant to Article 53, to the Minister of Land, Infrastructure and Transport. |
| (3) | A smart demonstration project implementer who intends to request the improvement of statutes or regulations governing permission, etc. pursuant to Article 53-3 (3) of the Act shall submit a written request for the improvement of statutes or regulations prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, along with the documents under the subparagraphs of Article 58-2 (3), to the Minister of Land, Infrastructure and Transport and the head of a related central administrative agency. |
| (4) | Upon receipt of a request to improve statutes or regulations governing permission, etc. under Article 53-3 (3) of the Act, the Minister of Land, Infrastructure and Transport shall issue a written confirmation prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, stating that the demonstration period is deemed to be extended pursuant to Article 53-3 (8) of the Act. |
| (5) | Where the head of a related central administrative agency reviews the necessity of improving statutes or regulations governing permission, etc. pursuant to Article 53-3 (4) of the Act, he or she shall comprehensively take into consideration the following matters: |
| 1. | Whether any safety accident or damage has occurred in relation to the relevant innovation technologies and services; |
| 2. | User-friendliness achieved through the demonstration of the relevant innovation technologies and services; |
| 3. | Marketability, ripple effects, growth potential, etc. of the the relevant innovation technologies and services; |
| 4. | Whether conflicts between interested persons are created and resolved in relation to the relevant innovation technologies and services; |
| 5. | Other matters necessary to review whether the improvement of statutes or regulations governing permission, etc. is required, and the direction of such improvement. |
| (7) | Where the head of a relevant central administrative agency has reported the review and handling results to the Committee under Article 53-3 (4) of the Act and paragraph (6) of this Article, the Minister of Land, Infrastructure and Transport shall prepare a written review result prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport containing such details and notify the person who has requested the improvement of statutes or regulations governing permission, etc., pursuant to Article 53-3 (3) of the Act. |
| (8) | Where a notice under paragraph (7) indicates that the improvement of statutes or regulations governing permission, etc. is required, a person in receipt of such notice may apply for the approval of a smart innovation project under Article 53-3 (7) of the Act within three months from the date of receipt of such notice: Provided, That where the demonstration period is extended pursuant to Article 53-3 (1) of the Act, such application may be filed until the expiration date of the relevant extended period. |
| 1. | Where it is deemed unnecessary to improve statutes or regulations governing permission, etc. or where such improvement is deemed necessary but is clearly prohibited under other statutes or regulations and thus the requirements for applying for a smart innovation project are not satisfied: By the date a notice under paragraph (5) is given; |
| 2. | Where a smart innovation project can be approved pursuant to Article 53-3 (7) of the Act: By the date the relevant smart innovation project is approved. |
| (10) | A smart demonstration project implementer who intends to continue his or her business during the period where the demonstration period is deemed extended pursuant to Article 53-3 (8) of the Act shall renew his or her liability insurance, etc. in consideration of the extended period. In such cases, a copy of the renewed liability insurance, etc. shall be submitted to the Minister of Land, Infrastructure and Transport and the head of a local government having jurisdiction over a demonstration area within 30 days from the date of renewal. |
[This Article Newly Inserted on Jun. 15, 2021]
CHAPTER VII SUPPLEMENTARY PROVISIONS
Where the Minister of Land, Infrastructure and Transport intends to make any of the following dispositions, the Minister shall hold a hearing:
| 1. | Deleted; <Jun. 15, 2021> |
[This Article Newly Inserted on Feb. 25, 2020]
| Article 60 (Entrustment of Affairs) |
| (1) | The Minister of Land, Infrastructure and Transport shall entrust the following affairs (limited to the affairs under the supervision of the Minister of Land, Infrastructure and Transport) to the following institutions and organizations, pursuant to Article 34-2 (2) of the Act: <Amended on Feb. 25, 2020; Jun. 15, 2021> |
| 2. | Funding for the projects designed to connect and integrate information systems in relation to smart city services under Article 19-5 (3) of the Act: The Association of Smart Cities established under Article 24-2 of the Act (hereinafter referred to as the "Association of Smart Cities"); |
| 3. | Support for the nurturing of professional personnel under Article 28 (1) of the Act: The Korea Agency for Infrastructure Technology Advancement. |
| (2) | The scope of the affairs entrusted under Article 34-2 (2) of the Act and the institutions and organizations entrusted therewith shall be as specified in attached Table 3. |
| (3) | Where the affairs are entrusted pursuant to paragraph (2), the Minister of Land, Infrastructure and Transport shall publicly notify in the Official Gazette the entrusted institutions or organizations, and the details of the entrusted affairs. |
[This Article Newly Inserted on Aug. 20, 2019]
[Moved from Article 45-2 <Feb. 25, 2020>]
CHAPTER VIII PENALTY PROVISIONS
| Article 61 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines under Article 55 (1) and (2) of the Act shall be as specified in attached Table 4. <Amended on Feb. 8, 2019; Aug. 20, 2019; Feb. 25, 2020> [This Article Newly Inserted on Sep. 19, 2017]
[Moved from Article 46 <Feb. 25, 2020>]
ADDENDUM <Presidential Decree No. 21039, Sep. 25, 2008>
This Decree shall enter into force on September 29, 2008.
ADDENDA <Presidential Decree No. 21445, Apr. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009: Provided, That ㆍㆍㆍ <omitted> ㆍㆍㆍ Article 3 of the Addenda shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21656, Jul. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21698, Aug. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21882, Dec. 14, 2009.>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 24189, Nov. 20, 2012>
This Decree shall enter into force on November 24, 2012.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24720, Sep. 9, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 12, 2013.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25339, Apr. 29, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25358, May 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2014.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 25621, Sep. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 25, 2014.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
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 5 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 5 Omitted.
ADDENDA <Presidential Decree No. 26762, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 27281, Jun. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2016.
Article 2 (Transitional Measures concerning Designation of Project Implementers)
Any person who has submitted a plan for a ubiquitous city construction project under the previous provisions of Article 17 (1) to obtain the designation as an implementer of the ubiquitous city construction project before this Decree enters into force, shall be deemed to have submitted an application under the amended provisions of Article 17 (1).
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 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. 28326, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28686, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2018. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 29045, Jul. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29516, Feb. 8, 2019>
This Decree shall enter into force on February 15, 2019.
ADDENDUM <Presidential Decree No. 30047, Aug. 20, 2019>
This Decree shall enter into force on October 24, 2019: Provided, That the amended provisions of Articles 35 and 36 shall enter into force on October 24, 2019.
ADDENDUM <Presidential Decree No. 30159, Oct. 24, 2019>
This Decree shall enter into force on October 24, 2019.
ADDENDUM <Presidential Decree No. 30484, Feb. 25, 2020>
This Decree shall enter into force on February 27, 2020.
ADDENDUM <Presidential Decree No. 30828, Jul. 7, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30877, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 30895, Aug. 4, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2020.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 31220, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 31221, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 31779, Jun. 15, 2021>
This Decree shall enter into force on June 17, 2021.