ENFORCEMENT DECREE OF THE SPECIAL ACT ON PROMOTION OF AND SUPPORT FOR URBAN REGENERATION
Presidential Decree No. 24906, Dec. 4, 2013
Amended by Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 29007, jun. 26, 2018
Presidential Decree No. 29387, Dec. 18, 2018
Presidential Decree No. 30217, Nov. 26, 2019
Presidential Decree No. 30876, Jul. 28, 2020
Presidential Decree No. 30985, Sep. 1, 2020
Presidential Decree No. 31005, Sep. 8, 2020
Presidential Decree No. 31012, Sep. 10, 2020
Presidential Decree No. 31176, Nov. 24, 2020
Presidential Decree No. 31169, Nov. 24, 2020
Presidential Decree No. 31243, Dec. 8, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31752, jun. 8, 2021
Presidential Decree No. 31989, Sep. 17, 2021
Presidential Decree No. 32223, Dec. 16, 2021
Presidential Decree No. 32352, Jan. 21, 2022
Presidential Decree No. 32449, Feb. 17, 2022
Presidential Decree No. 33033, Dec. 6, 2022
CHAPTER I GENERAL PROVISIONS
| Article 2 (Urban Regeneration Projects) |
| 5. | Maintenance projects under subparagraph (e) and (f) of Article 2 of the Act on Special Measures for the Maintenance of Buildings Neglected for Long Period after Discontinuance of Construction. |
| Article 2-2 (Requirements for Residential Regeneration Innovation Districts) |
| (1) | "Area prescribed by Presidential Decree" in Article 2 (1) 6-3 (a) of the Act means an area where the aggregate number of any of the following buildings is at least 2/3 of the number of all buildings in an innovation district as at the date disclosure to residents for inspection or holding of a public hearing is publicly announced under Article 41 (3) of the Act (hereinafter referred to as "date of public announcement of inspection”), whichever comes first: |
| 3. | A building neglected after discontinuance of construction under subparagraph 1 of Article 2 of the Act on Special Measures for the Maintenance of Buildings Neglected for Long Period after Discontinuance of Construction; |
| (2) | "Area prescribed by Presidential Decree" in Article 2 (1) 6-3 (b) of the Act means 200,000 square meters. In such cases, the area of land owned by the State or a person falling under subparagraphs 1 through 4 of Article 44 of the Act shall be excluded from the calculation of the relevant area. <Amended on Dec. 6, 2022> |
[This Article Newly Inserted on Sep. 17, 2021]
| Article 3 (Types of Joint Use Facilities) |
“Joint use facilities prescribed by Presidential Decree, such as playgrounds, community centers, common workplaces, and village libraries” in Article 2 (1) 10 (b) of the Act means any of the following facilities: <Amended on Nov. 26, 2019> | 1. | Facilities to improve the welfare of residents such as playgrounds, community centers, and village libraries; |
| 2. | Common workplaces, such as sales shops and wash houses, and restrooms and waterworks, which are jointly used; |
| 3. | Public nanny service facilities and welfare facilities for senior citizens such as child care centers and senior citizen centers; |
| 4. | Facilities for information exchange and communication among local residents such as village broadcasting stations and village newspapers; |
| 5. | Facilities for community vitalization, such as community companies and village cafes; |
| 6. | Facilities with similar uses with those falling under subparagraphs 1 through 5, which are prescribed by ordinances of Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, or Si/Guns/Gus. |
| Article 4 (Research on Actual Status for Establishment of Basic Policies for National Urban Regeneration) |
| (1) | The research items of the research on the actual status under Article 4 (5) of the Act (hereinafter referred to as “research on actual status”) shall be as follows: |
| 1. | Actual status of the composition of population and households; |
| 2. | Change of industrial structure and function; |
| 4. | Actual status of financial conditions such as change of tax revenue and expenditure of local governments; |
| 5. | Actual status of basic infrastructure such as parking lots and parks. |
| (2) | The research on actual status shall be conducted by an on-site inspection by the Minister of Land, Infrastructure and Transport and methods of indirect research, such as using statistic data, documents, etc. may be utilized for it. |
| (3) | If necessary for the research on actual status, the Minister of Land, Infrastructure and Transport may request the data regarding the jurisdiction of the relevant local governments to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"). In such cases, upon receiving the request of the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor shall submit the data as requested to the Minister of Land, Infrastructure and Transport and, if necessary, may put together the data received from the head of a Si/Gun or an autonomous Gu (hereinafter referred to as the "head of a Si/Gun, etc.") in his or her jurisdiction. <Amended on Nov. 26, 2019> |
| (4) | Before conducting the research on actual status, the Minister of Land, Infrastructure and Transport shall establish a research plan which includes the purpose and contents of the research and research methods, etc. |
| Article 5 (Changing Minor Matters of Basic Policies for National Urban Regeneration) |
| Article 6 (Public Announcement, etc. of Basic Policies for National Urban Regeneration) |
Where the Minister of Land, Infrastructure and Transport obtains an approval for the basic policies for national urban regeneration pursuant to the main clause of Article 4 (6) of the Act, he or she shall publicly announce the main contents of it on an official gazette without delay and send the basic policies for national urban regeneration to the heads of the relevant central administrative agencies and the heads of the relevant local governments.
CHAPTER II PROMOTION SYSTEM OF URBAN REGENERATION
| Article 7 (Organization and Operation of Special Committee on Urban Regeneration) |
| (1) | “Head of the relevant central administrative agency prescribed by Presidential Decree” in Article 7 (3) 1 of the Act means the heads of central administrative agencies falling under the following: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The Minister of Economy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Employment and Labor, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries and the Minister of SMEs and Startups; |
| 2. | The Administrator of the Cultural Heritage Administration and the Administrator of the Korea Forest Service; |
| 3. | The head of the central administrative agency designated by the chairperson regarding the items introduced to the Special Committee on Urban Regeneration (hereafter referred to as the “Special Committee”) pursuant to Article 7 (1) of the Act. |
| (2) | The civil members of the Special Committee shall be organized considering their gender, and experts of the field relevant to urban regeneration, such as culture, humanities and social science, education, welfare, economy, land utilization, construction, dwelling, transportation, city planning, environment, disaster prevention, local plan, etc. shall be included. |
| (3) | The chairperson of the Special Committee shall control the overall duties of the Special Committee and convene the meeting and become the chairman thereof. |
| (4) | Where the chairperson is unable to perform his or her duties in extenuating circumstances, the member selected in advance by the chairperson shall perform the duties on his or her behalf. |
| (5) | Each civil member shall hold office for a term of two years and may be reappointed only for one consecutive term: Provided, That the term of a member newly appointed due to resignation, etc. of a civil member shall be the remaining term of his or her predecessor. <Amended on Sep. 1, 2020> |
| (6) | A majority of the incumbent members shall constitute a quorum for the meeting of the Special Committee and its resolutions shall be passed with the consent of a majority of the members present. |
| (7) | The Special Committee shall have one assistant administrator to handle its duties and the assistant administrator shall be the head of the urban regeneration planning group referred to in Article 8 (1). |
| (8) | Where deemed necessary for the competent affairs, the chairperson of the Special Committee may allow relevant public officials belonging to the relevant administrative agency or relevant experts to attend the Special Committee and listen to their opinions, or may request necessary cooperation, such as submission of data or statement of opinions, to relevant agencies, corporation, organization, etc. |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the organization, operation, etc. of the Special Committee shall be determined by the chairperson after undergoing the resolution of the Special Committee. |
| Article 7-2 (Exclusion of, Challenge to, or Recusal of, Members of Special Committee on Urban Regeneration) |
| (1) | Any member of the Special Committee (hereafter in this Article referred to as “member”) shall be excluded from deliberation and decision-making process of the Special Committee in any of the following cases: |
| 1. | Where a member or his or her current or former spouse is a party to the case in question or is a joint right holder or a co-obligor with the party; |
| 2. | Where a member is or was a relative of a party to the case in question; |
| 3. | Where a member, or a corporation, organization, etc. to which a member belongs, is or was involved in the case in questions as the agent of a party to the case in question; |
| 4. | Where a member is an executive officer or employee of a corporation, organization, etc. involved in the case in question as a party or was an executive officer or employee of such corporation, organization, etc. during the past three years. |
| (2) | Where there exists any cause for exclusion specified in paragraph (1) or the circumstances indicate that it would be impracticable to expect fair deliberations and decisions of a member, any party may file a request for a challenge to the member with the Committee, which shall determine whether to accept such request by resolution. In such cases, the member against whom the request is filed shall not participate in the resolution. |
| (3) | If a member is subject to exclusion for a reason specified in paragraph (1), such member shall recuse himself/herself from deliberation and decision-making process on the case in question. |
[This Article Newly Inserted on Sep. 1, 2020]
[Previous Article 7-2 moved to Article 7-3 <Sep. 1, 2020>]
| Article 7-3 (Dismissal of Members of Special Committee on Urban Regeneration) |
Where a civil member pursuant to Article 7 (3) 2 of the Act falls under any of the following, the chairperson of the Special Committee may dismiss the relevant member: | 1. | If a member is unable to perform his or her duties due to a mental or physical disorder; |
| 2. | If a wrongdoing is found relating to a member’s duties; |
| 3. | If it is deemed inappropriate for a member to remain in his or her position due to his or her neglect of duty, injury of dignity, etc.; |
| 4. | If a member declares he or she cannot perform his or her duties. |
[This Article Newly Inserted on Dec. 31, 2015]
[Title Amended on Sep. 1, 2020]
[Moved from Article 7-2 <Sep. 1, 2020>]
| Article 8 (Organization and Operation of Urban Regeneration Planning Group) |
| (2) | The head of the urban regeneration planning group shall be named by the Minister of Land, Infrastructure and Transport from among the public officials belonging to the Senior Executive Service of the Ministry of Land, Infrastructure and Transport. |
| (3) | The head of the urban regeneration planning group shall control the overall affairs of the urban regeneration planning group after receiving the order of the Minister of Land, Infrastructure and Transport. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the organization, operation, etc. of urban regeneration planning group shall be determined by the Minister of Land, Infrastructure and Transport. |
| Article 9 (Affairs of Urban Regeneration Planning Group) |
“Matters prescribed by Presidential Decree” in Article 7 (4) 5 of the Act means affairs regarding the management and support of an urban regeneration support organization.
| Article 9-2 (Composition and Operation of Working Committee) |
| (1) | The working committee under Article 7-2 of the Act (hereinafter referred to as the “working committee”) shall consist of at least 31 but not more than 33 members, including two joint chairpersons. |
| (2) | The Vice Minister of Land, Infrastructure and Transport and the 2nd Vice Minister of Government Policy Coordination shall serve as the joint chairpersons of the working committee. |
| (3) | The following persons shall serve as members of the working committee: |
| 1. | One person each nominated by the head of a relevant agency, from among members of the Senior Executive Service in the Ministry of Economy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Employment and Labor, the Ministry of Gender Equality and Family, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the Ministry of SMEs and Startups, the Office for Government Policy Coordination, the Cultural Heritage Administration, and the Korea Forest Service; |
| 2. | Persons commissioned by the joint chairpersons of the working committee in consideration of specialized expertise and gender, from among persons who have much knowledge and experience in a range of urban regeneration-related fields, such as culture, humanities and social science, education, welfare, economy, land utilization, construction, dwelling, transportation, city planning, environment, disaster prevention, and local plan. |
| (4) | Each member commissioned pursuant to paragraph (3) 2 shall hold office for a term of two years and may be reappointed only for one consecutive term. <Newly Inserted on Sep. 1, 2020; Jun. 8, 2021> |
| (5) | The working committee shall, in pursuit of its efficient operation and support, have one secretary, who shall be the head of the urban regeneration planning group referred to in Article 8 (1). <Amended on Sep. 1, 2020> |
| (6) | The joint chairpersons of the working committee may, if they consider it necessary after consultation with the secretary, convene meetings of the working committee at any time. <Amended on Sep. 1, 2020> |
| (7) | The joint chairpersons of the working committee shall immediately report the results of deliberation of the working committee and hear the opinion of the Special Committee, in accordance with Article 7-2 (2) of the Act. In such cases, notwithstanding Article 7 (6), the chairperson of the Special Committee may issue its opinion by gathering written opinions from its members. <Amended on Sep. 1, 2020> |
| (8) | Except as provided in paragraphs (1) through (7), necessary details for the composition and operation of the working committee shall be determined by the chairperson of the Special Committee, after resolution of the Special Committee. <Amended on Sep. 1, 2020> |
[This Article Newly Inserted on Jun. 26, 2018]
| Article 9-3 (Exclusion of, Challenge to, or Recusal or Dismissal of, Members of Working Committee) |
Articles 7-2 and 7-3 shall apply mutatis mutandis to the exclusion of, challenge to, or recusal or dismissal of members of the working committee. In such cases, the "Special Committee" shall be construed as the "working committee", the "chairperson of the Special Committee" as the "joint chairpersons of the working committee", and "Article 7 (3) 2 of the Act" as "Article 9-2 (3) 2". [This Article Newly Inserted on Sep. 1, 2020]
| Article 10 (Organization and Operation of Local Urban Regeneration Committee) |
| (1) | A local urban regeneration committee referred to in Article 8 (1) of the Act (hereafter referred to as “local committee”) shall consist of the members of the number according to the following classification, including one chairperson and one vice-chairperson: <Amended on Dec. 16, 2021> |
| 1. | Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Provinces: At least 25 but not more than 30; |
| 2. | Large cities with a population of at least 500,000 persons, other than Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities, under Article 198 (1) of the Local Autonomy Act: At least 20 but not more than 25; |
| 3. | Sis/Guns/Gus excluding large cities under subparagraph 2: At least 15 but not more than 25. |
| (2) | The chairperson of a local committee shall be named or appointed by the head of the relevant local government among the members of the committee and the vice-chairperson shall be elected by a mutual vote of the members. |
| (3) | The members of a local committee shall be appointed or commissioned by the head of the relevant local government considering their gender, from among the persons falling under any of the following. In such cases, the number of the members under subparagraph 3 shall be at least 1/2 of the total number of the members: |
| 1. | The members of the local committee of the relevant local government; |
| 2. | The public officials of the administrative agency relevant to urban regeneration strategy and urban regeneration revitalization plan of the local government; |
| 3. | Persons with substantial knowledge and experience in areas relevant to urban regeneration such as culture, humanities and social science, education, welfare, economy, land utilization, construction, dwelling, transportation, city planning, environment, disaster prevention, local plan, etc. |
| (5) | Each member falling under paragraph (3) 3 shall hold office for a term of two years and may be reappointed only for one consecutive term: Provided, That the term of a member newly appointed due to resignation, etc. of a member shall be the remaining term of his or her predecessor. <Amended on Sep. 1, 2020> |
| (6) | The chairperson of a local committee shall control overall duties of the local committee and convene the meeting and become the chairman thereof. |
| (7) | Where the chairperson of a local committee is unable to perform his or her duties in extenuating circumstances, the vice-chairperson shall perform the duties on his or her behalf, and where both the chairperson and vice-chairperson are unable to perform his or her duties in extenuating circumstances, the member selected in advance by the chairperson shall perform the duties on his or her behalf. |
| (8) | A majority of the incumbent members (the majority of the members present shall be the members falling under paragraph (3) 3) shall constitute a quorum for the meeting of a local committee and its resolutions shall be passed with the consent of a majority of the members present. |
| (9) | The local committee shall have one assistant administrator and several clerks, and the assistant administrator and clerks shall be appointed by the chairperson. |
| (10) | The assistant administrator of the local committee shall be in charge of general affairs after receiving the order of the chairperson and the clerks shall assist the assistant administrator. |
| Article 10 (Organization and Operation of Local Urban Regeneration Committee) |
| (1) | A local urban regeneration committee referred to in Article 8 (1) of the Act (hereafter referred to as “local committee”) shall consist of the members of the number according to the following classification, including one chairperson and one vice-chairperson: <Amended on Dec. 16, 2021> |
| 1. | Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Provinces: At least 25 but not more than 30; |
| 2. | Large cities with a population of at least 500 thousand persons, other than Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities, under Article 198 (1) of the Local Autonomy Act: At least 20 but not more than 25; |
| 3. | Sis/Guns/Gus excluding large cities under subparagraph 2: At least 15 but not more than 25. |
| (2) | The chairperson of a local committee shall be named or appointed by the head of the relevant local government among the members of the committee and the vice-chairperson shall be elected by a mutual vote of the members. |
| (3) | The members of a local committee shall be appointed or commissioned by the head of the relevant local government considering their gender, from among the persons falling under any of the following. In such cases, the number of the members under subparagraph 3 shall be at least 1/2 of the total number of the members: |
| 1. | The members of the local committee of the relevant local government; |
| 2. | The public officials of the administrative agency relevant to urban regeneration strategy and urban regeneration revitalization plan of the local government; |
| 3. | Persons with substantial knowledge and experience in areas relevant to urban regeneration such as culture, humanities and social science, education, welfare, economy, land utilization, construction, dwelling, transportation, city planning, environment, disaster prevention, local plan, etc. |
| (5) | Each member falling under paragraph (3) 3 shall hold office for a term of up to three years, as prescribed by municipal ordinance, and may be reappointed only for one consecutive term: Provided, That the term of a member newly appointed due to resignation, etc. of a member shall be the remaining term of his or her predecessor. <Amended on Sep. 1, 2020; Dec. 6, 2022> |
| (6) | The chairperson of a local committee shall control overall duties of the local committee and convene the meeting and become the chairman thereof. |
| (7) | Where the chairperson of a local committee is unable to perform his or her duties in extenuating circumstances, the vice-chairperson shall perform the duties on his or her behalf, and where both the chairperson and vice-chairperson are unable to perform his or her duties in extenuating circumstances, the member selected in advance by the chairperson shall perform the duties on his or her behalf. |
| (8) | A majority of the incumbent members (the majority of the members present shall be the members falling under paragraph (3) 3) shall constitute a quorum for the meeting of a local committee and its resolutions shall be passed with the consent of a majority of the members present. |
| (9) | The local committee shall have one assistant administrator and several clerks, and the assistant administrator and clerks shall be appointed by the chairperson. |
| (10) | The assistant administrator of the local committee shall be in charge of general affairs after receiving the order of the chairperson and the clerks shall assist the assistant administrator. |
[Enforcement Date: Jun. 7, 2023] The main clause of Article 10 (5)
| Article 10-2 (Exclusion of, Challenge to, or Recusal or Dismissal of, Members of Local Urban Regeneration Committees) |
Articles 7-2 and 7-3 shall apply mutatis mutandis to the exclusion of, challenge to, or recusal or dismissal of members of a local committee. In such cases, the "Special Committee" shall be construed as a "local committee", the "chairperson of the Special Committee" as the "head of a local government to which the relevant local committee belongs", and "Article 7 (3) 2 of the Act" as "Article 10 (3) 3". [This Article Newly Inserted on Sep. 1, 2020]
| Article 11 (Organization, Operation, etc. of Exclusive Organizations) |
| (1) | A Do Governor may establish an exclusive organization to carry out the matters under each subparagraph of Article 9 (2) of the Act relevant to the affairs such as support for establishment and approval of the urban regeneration strategic plan and urban regeneration revitalization plan of a Si/Gun, and linkage and adjustment of the urban regeneration strategic plan and urban regeneration revitalization plan among Sis/Guns pursuant to the latter part of Article 9 (1) of the Act. |
| (2) | The head of an autonomous Gu and the head of a Gun within the jurisdiction of a Metropolitan City (hereafter referred to as the “head of a Gu, etc.”) may establish an exclusive organization to carry out the matters under each subparagraph of Article 9 (2) of the Act relevant to the establishment of the neighborhood regeneration revitalization plan under Article 2 (1) 6 (b) of the Act pursuant to the latter part of Article 9 (2) of the Act. |
| (3) | If necessary for conducting the affairs of exclusive organizations, a developer of a strategic plan, a Do Governor, or the head of a Gu, etc. may employee experts in the relevant area as temporary public officials. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for organization, operation, etc. of exclusive organizations shall be prescribed by ordinance of the relevant local governments. |
| Article 12 (Affairs of Exclusive Organizations) |
| 1. | Support for the affairs of an urban regeneration support center referred to in Article 11 of the Act (hereinafter referred to as “urban regeneration support center”); |
| 2. | Support for the operation of a local committee; |
| 3. | Revitalization and support of participation of citizens. |
| Article 13 (Designation, etc. of Urban Regeneration Support Organization) |
| (1) | “Public institution prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 10 (1) of the Act means the following institutions: <Amended on Dec. 18, 2018; Nov. 26, 2019; Dec. 8, 2020; Jun. 8, 2021> |
| 2. | The Korea Housing and Urban Guarantee Corporation established under the Housing and Urban Fund Act (hereinafter referred to as "HUG"); |
| (a) | The Korea Research Institute for Human Settlements; |
| (b) | The Korea Transport Institute; |
| (c) | The Architecture & Urban Research Institute; |
| (2) | The Minister of Land, Infrastructure and Transport may provide support for the expenses necessary for an urban regeneration support organization to conduct the affairs under each subparagraph of Article 10 (1) of the Act within budgetary limit. |
| (3) | The head of the public institution designated as an urban regeneration support organization pursuant to Article 10 (1) of the Act shall report the result of performance of duties of the previous year and the plan for the performance of duties of the relevant year relating to the matters under each subparagraph of Article 10 (1) of the Act by January 31 each year. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for designation, organization, operation, etc. of an urban regeneration support center shall be determined by the Minister of Land, Infrastructure and Transport. |
| Article 14 (Establishment of Urban Regeneration Support Center by Do Governor or Head of Gu, etc.) |
| (1) | A Do Governor may establish an urban regeneration support center to carry out the matters under each subparagraph of Article 11 (1) of the Act relevant to the affairs such as the support for establishment and the approval of an urban regeneration strategic plan and urban regeneration revitalization plan of Sis/Guns, and the linkage and adjustment of an urban regeneration strategic plan and urban regeneration revitalization plan among Sis/Guns pursuant to the latter part of Article 11 (1) of the Act other than each subparagraph. |
| (3) | Where a developer of a strategic plan, a Do Governor, or the head of a Gu, etc. establishes an urban regeneration support center, he or she shall consider the following persons in priority in its organization: |
| 1. | Experts with sufficient knowledge and experience on urban regeneration; |
| 2. | Persons who know the status of the local governments well and have experience with various urban regeneration projects. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the methods of establishment and the organization of human resources, etc. of an urban regeneration center shall be prescribed by ordinance of the relevant local government. |
| Article 15 (Affairs of Urban Regeneration Support Center) |
| 1. | Revitalization and support of participation of citizens; |
| 2. | Other affairs prescribed by ordinance of the local government for an effective promotion of urban regeneration projects. |
CHAPTER III URBAN REGENERATION STRATEGIC PLANS, ETC.
| Article 16 (Standards and Methods of Preparing Urban Regeneration Strategic Plans) |
Where a developer of a strategic plan prepares an urban regeneration strategic plan, he or she shall consider the following:
| 1. | To diagnose the decline of cities scientifically and induce the potential and growth factors of cities through the collection and analysis of data on physical, social, economic, and cultural status; |
| 2. | To investigate and discover various plans, project, programs, and tangible and intangible local assets in cities proactively and review the measures to correlate them; |
| 4. | The priority among urban regeneration revitalization areas shall be determined considering the compatibility with an urban or Gun master plan under Article 19 of the National Land Planning and Utilization Act, and various plans in operation, the fairness among urban regeneration revitalization areas, the urgency of the promotion of urban regeneration projects, and a ripple effect on surrounding areas, etc.; |
| 5. | To prepare measures to promote participation of residents and strengthen capacity of residents in organizing an urban regeneration support center and consultative group of residents, etc.; |
| 6. | To prepare a financial plan and execution plan by year considering the goal of the urban regeneration strategic plan, the number and size of the designated urban regeneration revitalization areas, priority among urban regeneration revitalization areas, etc.; |
| 7. | To propose a viable plan by analyzing risk factors in the process of implementing projects and preparing measures to manage performance such as specific goals, evaluation index, evaluation methods, etc. |
| Article 17 (Detailed Standards for Designating Urban Regeneration Revitalization Areas) |
The detailed standards for designating urban regeneration revitalization areas under Article 13 (5) of the Act shall be as following: | 1. | An area where the population is drastically decreasing: an area falling under any of the following: |
| (a) | An area where the population has decreased by not less than 20 percent compared to the time when the population was the largest during the last 30 years; |
| (b) | An area where the population has decreased for three consecutive years for the last five years; |
| 2. | An area where the industry departure, such as decrease of the total number of enterprises, is occurring: an area falling under any of the following: |
| (a) | An area where the total number of enterprises according to the result of the Census on Establishments approved by the Statistics Korea under Article 18 of the Statistics Act for the last ten years (hereafter referred to as “total number of enterprises” in this subparagraph) decreased by not less than 5 percent compared to the time when the total number of enterprises was the largest; |
| (b) | An area where the total number of enterprises has decreased for not less than three consecutive years for the last five years; |
| 3. | An area where the dwelling condition is deteriorating, such as by an increase of decrepit housing: an area where the ratio of buildings the construction of which was completed not less than 20 years ago, is not less than 50 percent. |
| Article 18 (Basic Investigation for Establishment of Urban Regeneration Strategic Plans) |
A developer of a strategic plan may request the head of the relevant administrative agency to submit the necessary data for the basic investigation under Article 14 (1) of the Act. In such cases, upon receipt of such request, the head of the relevant administrative agency shall comply therewith unless in extenuating circumstances.
| Article 19 (Holding Public Hearing for Urban Regeneration Strategic Plans) |
| (1) | Where a developer of a strategic plan intends to hold a public hearing under Article 15 (1) of the Act, he or she shall publicly announce the following matters at least once in a daily newspaper, the Official Gazette, or a public gazette, or on a website, etc., not later than 14 days before the scheduled date of the public hearing: <Amended on Nov. 24, 2020> |
| 1. | The purpose of holding a public hearing; |
| 2. | The scheduled date, time, and place of the public hearing; |
| 3. | The summary of an urban regeneration strategic plan which an establisher of a strategic plan intends to establish or amend; |
| 4. | Other matters deemed necessary by a developer of a strategic plan for holding of the public hearing. |
| (2) | The residents or relevant experts, etc. who have opinions on the contents of the urban regeneration strategic plan may attend a hearing and state opinions in person, or submit a summary of opinions to the developer of a strategic plan in writing or using information and communications network. |
| Article 20 (Minor Amendment of Urban Regeneration Strategic Plans) |
| 1. | Where the area of an urban regeneration revitalization area referred to in Article 13 (1) 4 of the Act is changed to less than 10 percent; |
| Article 21 (Public Announcement of Urban Regeneration Strategic Plans) |
The public announcement under Article 16 (3) of the Act shall be published on the public gazette of the relevant Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, or Special Self-Governing Provinces, and the period of time allowed for perusal of the relevant documents shall be not less than 30 days.
| Article 22 (Approval of Urban Regeneration Strategic Plans) |
| (1) | Where the head of a Si/Gun intends to obtain an approval for an urban regeneration strategic plan pursuant to Article 17 (1) of the Act, he or she shall submit the urban regeneration strategic plan to a Do Governor by attaching the following documents: |
| 1. | The result of the basic investigation; |
| 2. | The result of a public hearing; |
| 4. | Where he or she has undergone the consultation, etc. with the local council established in the relevant Si/Gun, the result thereof; |
| 5. | Documents necessary for the consultation with the head of the relevant administrative agency and the deliberation of the local council of a Do pursuant to Article 17 (2) of the Act. |
| (2) | The public announcement of an urban regeneration strategic plan pursuant to Article 17 (4) of the Act shall be published on the public gazette of the relevant Si/Gun, and the period of inspection of the relevant documents shall be not less than 30 days. |
| Article 23 (Details and Procedures for Handling Proposal of Residents) |
| (1) | A resident who intends to propose designation or change of an urban regeneration revitalization area pursuant to Article 18 (1) of the Act shall submit a proposal including the following matters to the developer of a strategic plan: |
| 1. | The purpose and necessity of designation and change of an urban regeneration revitalization area; |
| 2. | The location and area of an urban regeneration revitalization area; |
| 3. | The expected effects of designation and change of an urban regeneration revitalization area; |
| 4. | A rough urban regeneration revitalization plan including the details such as the establishment and rearrangement, etc. of an urban regeneration project and urban regeneration infrastructure. |
| (2) | The developer of a strategic plan who received a proposal for designation of an urban regeneration revitalization area pursuant to Article 18 (1) of the Act shall notify the proposer of whether or not the proposal is to be reflected in an urban regeneration strategic plan within 45 days after the day when the proposal was made: Provided, That where it is impossible to notify whether the proposal is to be reflected or not due to extenuating circumstances, the period of notification may be extended by up to 30 days. |
| (3) | Where the developer of a strategic plan intends to determine where the proposal under Article 18 (1) of the Act is to be reflected in an urban regeneration strategic plan, he or she may undergo the consultation of the local council established in the relevant local government. |
| Article 24 (Details of Urban Regeneration Revitalization Plans) |
“Matters prescribed by Presidential Decree” in Article 19 (3) 8 of the Act means the matters regarding the measures for operation and revitalization of organizations relevant to urban regeneration such as an urban regeneration support center and a consultative group of residents.
| Article 25 (Standards and Methods of Preparing Urban Regeneration Revitalization Plans) |
Where a developer of a strategic plan or the head of a Gu, etc. prepares an urban regeneration revitalization plan, he or she shall consider the following matters: <Amended on Nov. 26, 2019>
| 1. | To analyze the status of decline of the relevant urban regeneration revitalization area and investigate and discover various plans, projects, programs, and tangible and intangible local assets in the urban regeneration revitalization area, and to review the measures to correlate them; |
| 2. | To prepare a plan by distinguishing the projects which have been implemented before the establishment of the relevant urban regeneration revitalization plan and the projects which shall be newly promoted; |
| 3. | To present the summary, scope, necessity, and project details, implementation schedule, project implementers and participating subjects, project effects, financing methods, items subject to the State support and the necessity thereof for each urban regeneration project; |
| 4. | In cases where a project implementer acquires the ownership of the land, superficies, leasehold, or any other right to use the land, and conducts an urban regeneration project that involves physical rearrangement such as construction of buildings and installation of urban regeneration infrastructure; to express the subject area and boundary of the relevant urban regeneration project and estimate the expenses for the project; |
| 5. | In cases of an urban regeneration project which accompanies the operation of the economic, social, cultural, and welfare, etc. programs; to propose the plan for the operating subjects, operating methods, etc.; |
| 6. | To prepare a viable plan by analyzing the risk factors in the process of implementing a project and preparing measures for performance management; |
| 7. | To accept the opinions of residents sufficiently and undergo the process of conflict control, etc. among interested persons. |
| Article 25-2 (Procedures for Processing Proposals for Urban Regeneration Revitalization Plans) |
Upon receipt of a proposal under the former part of Article 19 (6) of the Act, a developer of a strategic plan or the head of a Gu, etc. shall notify the proposer of whether it is reflected in the relevant urban regeneration revitalization plan under the latter part of that paragraph within 60 days from the date of the proposal: Provided, That where it is impossible to notify whether the proposal is reflected within such period due to unavoidable reasons, the period of notification may be extended by up to 30 days only once. [This Article Newly Inserted on Sep. 17, 2021]
| Article 26 (Changing Minor Matters of Urban Regeneration Revitalization Plans) |
"Where it is intended to modify any minor matters prescribed by Presidential Decree" in Article 20 (5) of the Act means a modification other than any of the following: <Amended on Dec. 6, 2022> | 2. | Abolishing or establishing an urban regeneration project; |
| 4. | Increasing or decreasing the total project cost for an urban regeneration revitalization plan by at least 10 percent; |
| 5. | Changing the area of urban regeneration infrastructure under subparagraph 10 (a) of Article 2 of the Act by at least 10 percent. |
[This Article Wholly Amended on Nov. 26, 2019]
| Article 27 (Holding Public Hearing for Urban Regeneration Revitalization Plans) |
Article 19 shall apply mutatis mutandis to the holding of a public hearing for the establishment or change of an urban regeneration revitalization. In such cases, “developer of a strategic plan” shall be deemed “developer of a strategic plan or the head of a Gu, etc.” and “urban regeneration strategic plan” shall be deemed “urban regeneration revitalization plan”.
| Article 28 (Public Notice of Urban Regeneration Revitalization Plans) |
The public notice under Article 20 (9) of the Act shall be provided on the public gazette of the relevant Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, or Special Self-Governing Provinces, and the public notice under Article 20 (10) of the Act shall be provided on the public gazette of the Gun within the jurisdiction of the relevant Si/Gun or autonomous Gu or a Metropolitan City, and the period of perusal of the relevant documents shall be not less than 30 days. <Amended on Nov. 26, 2019; Jun. 8, 2021>
| Article 29 (Methods of Public Notice of Cancellation, etc.) |
The public notice of cancellation, etc. of urban regeneration revitalization plan under Article 22 (6) of the Act shall be provided by publishing the following matters on the public gazette of the relevant local government: | 1. | The date of cancellation, etc.; |
| 2. | The grounds for cancellation, etc.; |
| 3. | The details of the relevant urban regeneration revitalization plan. |
| Article 30 (Subjects, etc. to Permission for Acts) |
The acts which require a permission from the developer of a strategic plan or the head of a Gu, etc. pursuant to Article 23 of the Act shall be as follows: <Amended on Jan. 5, 2021> | 1. | Construction, etc. of buildings: construction, major repair, or alteration of the purpose of the use of buildings (including temporary buildings) under Article 2 (1) 2 of the Building Act; |
| 3. | Changing the form and quality of land: acts of changing the shape of land by such methods as cutting, mounding, leveling the ground, packing, etc., excavation of land, or reclamation of public waters; |
| 4. | Collecting stones and soil: acts of collecting stones and soil such as earth, sand, gravel, rock, etc.: Provided, That subparagraph 3 shall apply to those aiming for changing of the form and quality of land; |
| 6. | Stacking articles: acts of stacking articles which are not easily movable for not less than a month; |
| 7. | Lumbering and planting of bamboo trees. |
| Article 31 (Evaluation of Promotion Record, etc. of Urban Regeneration Revitalization Plans) |
| (1) | For the purpose of evaluating the promotion record, etc. of an urban regeneration plan pursuant to Article 24 of the Act, the Minister of Land, Infrastructure and Transport shall establish an evaluation plan including the following matters and notify the Mayor/Do Governor thereof by January 15 each year: |
| 3. | The index of evaluation; |
| 4. | Other matters necessary for an effective evaluation. |
| (2) | The Mayor/Do Governor shall conduct an evaluation of the promotion record, etc. of the previous year of an urban regeneration revitalization plan that is being implemented within his or her jurisdiction, and submit the result thereof to the Minister of Land, Infrastructure and Transport by the end of February each year. In such cases, the Mayor/Do Governor may request the head of a Si/Gun, etc. to provide data necessary for conducting such evaluation, and the head of the Si/Gun, etc. so requested shall cooperate in such request unless there is a compelling reason not to do so. <Amended on Nov. 26, 2019> |
| (3) | Upon receipt of the evaluation result under the former part of paragraph (2), the Minister of Land, Infrastructure and Transport shall conduct a comprehensive evaluation on the promotion record of the urban regeneration revitalization plan based on such result. <Amended on Nov. 26, 2019> |
| (4) | Upon completing an evaluation under paragraph (3), the Minister of Land, Infrastructure and Transport shall notify the relevant Mayor/Do Governor of the evaluation result, and the Mayor/Do Governor shall make public the evaluation result on the relevant website, etc. <Newly Inserted on Nov. 26, 2019> |
| (5) | The Minister of Land, Infrastructure and Transport may make public the evaluation result under paragraph (3) on the relevant website, etc. <Newly Inserted on Nov. 26, 2019> |
CHAPTER IV IMPLEMENTATION OF URBAN REGENERATION PROJECTS
| Article 32 (Implementer of Urban Regeneration Projects) |
| Article 32-2 (Projects Recognized as Urban Regeneration Projects) |
| 2. | Maintenance projects under subparagraph 2 (e) and (f) of Article 2 of the Act on Special Measures for the Maintenance of Buildings Neglected for Long Period after Discontinuance of Construction; |
| 3. | Residential environment improvement projects or redevelopment projects defined in subparagraph 2 (a) or (b) of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments (in cases of redevelopment projects, limited to projects that the Korea Land and Housing Corporation or a local government-invested public corporation defined in subparagraph 10 of that Article solely or jointly implements); or improvement projects urgently implemented pursuant to Article 26 (1) 1 of that Act; |
| (2) | The requirements for recognizing a project as an urban regeneration project under Article 26-2 (1) of the Act shall be as follows: <Amended on Sep. 1, 2020; Sep. 17, 2021> |
| 2. | An area where the project is implemented shall not be an area for which an urban regeneration revitalization plan is formulated: Provided, That this shall not apply where any of the following projects is implemented: |
| (b) | A project falling under any of subparagraphs 1 through 3 of Article 26-2 (1) of the Act or a project falling under subparagraph 2 or 3 of paragraph (1); |
| (c) | Deleted; <Sep. 17, 2021> |
| (d) | A project similar to that specified in item (a) or (b) that a developer of a strategic plan deems necessary to urgently implement in consultation with the Minister of Land, Infrastructure and Transport; |
| 3. | The project area shall be less than 100,000 square meters; |
| 4. | A plan for operating and managing buildings subject to the project shall be specific; |
| 5. | Facilities required to be installed under other statutes or regulations shall not be included in facilities eligible for assistance with project costs under Article 27 of the Act. |
| 1. | Major introduced functions of a project recognized as an urban regeneration project (referring to an urban regeneration project defined in Article 2 (1) 7 (c) of the Act; hereinafter the same shall apply); |
| 2. | A plan for executing budgets for a project recognized as an urban regeneration project. |
| (4) | "Person prescribed by Presidential Decree" in Article 26-2 (3) of the Act means an entrusted management real estate investment trust that conducts a project for purchasing real estate under paragraph (1) 6. <Newly Inserted on Sep. 17, 2021> |
| (5) | "Where any modification is to be made to minor matters in a plan for a recognized project prescribed by Presidential Decree" in Article 26-2 (6) of the Act means any case where any modification is made to matters prescribed in the subparagraphs of Article 26-2 (2) of the Act, except for the following cases: <Newly Inserted on Sep. 17, 2021> |
| 1. | Where the purpose or implementer of a project recognized as an urban regeneration project is modified; |
| 2. | Where the total project area is modified by at least 10 percent; |
| 3. | Where the total project cost is modified by at least 10 percent; |
| 4. | Where at least one major introduced function of a project recognized as an urban regeneration project is removed or created or the total floor area of facilities by major introduced function is modified by at least 10 percent. |
| (6) | Public notice under Article 26-2 (7) of the Act shall be given by publishing a plan for a project recognized as an urban regeneration project specified in paragraph (2) of that paragraph in the public gazette and on the website of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun (excluding a Gun within the jurisdiction of a Metropolitan City) for at least 30 days so that the general public peruses such plan. <Newly Inserted on Sep. 17, 2021> |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 32-3 (General Urban Regeneration Project Managers, etc.) |
| 1. | Basic investigations for establishing a strategic plan for urban regeneration under Article 14 of the Act; |
| 2. | Review of qualifications of an urban regeneration project implementer, such as project performance capability, for designating such implementer pursuant to Article 26 of the Act; |
| 3. | Identification of a new urban regeneration project. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 32-4 (Matters concerning Nurturing Professional Personnel) |
| 1. | Developing and operating educational courses for urban regeneration; |
| 2. | Management of professional personnel utilizing the comprehensive information system for urban regeneration under Article 29 of the Act. |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 32-5 (Designation of Institutions for Developing Professional Personnel, etc.) |
| (1) | Requirements for designation as an institution for developing professional personnel (hereinafter referred to as “professional personnel development institution”) pursuant to Article 26-4 (2) of the Act shall be as follows: |
| 1. | To be any of the following institutions or organizations: |
| (c) | Other institutes or organizations providing education and training related to urban regeneration which are recognized by the Minister of Land, Infrastructure and Transport after consultation with the heads of related central administrative agencies; |
| 2. | To provide curricula to acquire laws, policies, practical theories, and field experience related to urban regeneration; |
| 3. | To have educational facilities necessary for operating curricula; |
| 4. | To secure at least one full-time faculty member and at least one full-time staff member; |
| 5. | To have a reasonable plan for financing operating expenses necessary for operating curricula. |
| (2) | An institution or organization that intends to be designated as a professional personnel development institution shall file an application for designation with the Minister of Land, Infrastructure and Transport, along with documents verifying that it meets the requirements for designation specified in the subparagraphs of paragraph (1). |
| (3) | Where a professional personnel development institution commits any violation specified in Article 26-4 (3) 2 or 3 of the Act, the Minister of Land, Infrastructure and Transport shall order such institution to take corrective measures within a fixed period not exceeding 60 days; and where such institution fails to correct the violation within the period for correction, the Minister shall revoke the designation of the institution. |
| (4) | Upon designating a professional personnel development institution or revoking such designation pursuant to Article 26-4 (2) or (3) of the Act, the Minister of Land, Infrastructure and Transport shall publicly announce such fact in the Official Gazette or on the relevant website. |
[This Article Newly Inserted on Jun. 8, 2021]
CHAPTER V SUPPORT FOR URBAN REGENERATION REVITALIZATION
| Article 33 (Methods of Subsidization or Financing) |
The specific items which the State or local governments may subsidize or finance pursuant to Article 27 (1) of the Act and the ratio of support, and the specific standards and methods which vary in the scale, ratio, etc. of the subsidization or financing pursuant to Article 27 (2) of the Act shall be determined by the Minister of Land, Infrastructure and Transport in consultation with the Minister of Economy and Finance.
| Article 33-2 (Execution of Coexistence Agreement) |
“Persons prescribed by Presidential Decree, such as residents, lessors and lessees of a commercial building within an urban regeneration revitalization area, and the head of the relevant local government” in Article 27-2 (1) of the Act means any of the following persons: | 1. | Residents or a consultative body of residents within the urban regeneration revitalization area; |
| 2. | Lessors and lessees of a commercial building located in the urban regeneration revitalization area; |
| 3. | The head of the local government having jurisdiction over the urban regeneration revitalization area. |
[This Article Newly Inserted on Jun. 26, 2018]
| Article 34 (Establishment and Operation of Urban Regeneration Special Account) |
A Do Governor may establish and operate an urban regeneration special account where it is necessary for the support, etc. of an urban regeneration projects implemented by a Si/Gun within his or her jurisdiction under the proviso of Article 28 (1) of the Act.
| Article 35 (Ratio of Property Tax Transferred to Urban Regeneration Special Account) |
| Article 36 (Establishment, etc. of Urban Regeneration Comprehensive Information System) |
| (1) | The Minister of Land, Infrastructure and Transport shall endeavor to ensure that the information and statistics of the urban regeneration comprehensive information system under Article 29 of the Act maintain accuracy, reliability, and recency. |
| (2) | The Minister of Land, Infrastructure and Transport shall review the following matters in advance in order to prevent overlapping of investments in the urban regeneration comprehensive information system which he or she intends to establish pursuant to Article 29 of the Act and in other information systems: |
| 1. | Whether the information and statistics relevant to urban regeneration revitalization is already developed, verified, or managed; |
| 2. | Whether the information and statistic which is already developed, verified, or managed may be utilized. |
| Article 37 (Scope of Application of Special Cases concerning Disposition of State Property and Public Property) |
| (1) | “Case which is prescribed by Presidential Decree” in the former part of Article 30 (4) of the Act means a case where the matters concerning the use, etc. of State property or public property are included in an urban regeneration revitalization plan or an innovation district plan (referring to an innovation district plan under Article 41 (1) of the Act; hereinafter the same shall apply) or such matters are necessary for an urban regeneration project recognized pursuant to Article 26-2 of the Act. <Amended on Nov. 26, 2019> |
| (2) | The State or a local government may reduce usage fees or rents to be charged for national property or public property to an amount calculated by multiplying the value of the relevant property by at least 10/1000, pursuant to the latter part of Article 30 (4) of the Act: Provided, That a local government may determine the scope of additional reduction of usage fees or rents for public property by municipal ordinance, if deemed necessary for facilitating urban regeneration of the area under its jurisdiction. <Newly Inserted on Nov. 26, 2019> |
| Article 38 (Procedures for Reducing Local Tax) |
Where the head of a Si/Gun/Gu, etc. intends to obtain the approval from the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor pursuant to the proviso of Article 31 (3) of the Act, other than each subparagraph, he or she shall submit the details on the reduction of local tax including the purpose, subject, and tax amount of reduction and the data which may verify such details.
| Article 39 (Scope of Application of Special Cases concerning Easing, etc. of Construction Restriction) |
[This Article Wholly Amended on Dec. 6, 2022]
CHAPTER VI URBAN REGENERATION LEADING AREAS
| Article 40 (Listening to Opinions Prior to Designation of Urban Regeneration Leading Areas) |
| (1) | Before requesting designation of an urban regeneration leading area pursuant to Article 33 (2) of the Act, a developer of a strategic plan shall hold a public hearing and gather the opinions of residents and relevant experts, etc. |
| (2) | Where a developer of a strategic plan intends to hold a public hearing pursuant to paragraph (1), he or she shall publicly announce the following matters at least once in a daily newspaper, the Official Gazette, or a public gazette, or on a website, etc., not later than 14 days before the scheduled date of the public hearing: <Amended on Nov. 24, 2020> |
| 1. | The purpose of holding a public hearing; |
| 2. | The scheduled date, time, and place of holding the public hearing; |
| 3. | The location of the urban regeneration leading area for which he or she intends to request designation; |
| 4. | Other matters deemed necessary by a developer of a strategic plan for designation of an urban regeneration leading area. |
| (3) | Any resident or relevant expert, etc. who has opinions on the matters under each subparagraph of paragraph (2) may attend a hearing and state opinions in person, or submit a summary of opinions to a developer of a strategic plan in writing or using information and communications network. |
| (4) | A public hearing under paragraph (1) shall be presided over by the person designated by a developer of a strategic plan. |
| (5) | A local council shall present its opinion within 30 days from the day when a developer of a strategic plan notifies the plan of requesting designation of an urban regeneration leading area. |
| Article 41 (Changing Minor Matters of Urban Regeneration Leading Areas) |
“Modification of minor matters prescribed by Presidential Decree” in the proviso of Article 33 (4) of the Act means the cases of changing the total area of an urban regeneration leading area by less than 10 percent.
| Article 42 (Public Notice of Designation, etc. of Urban Regeneration Leading Areas) |
Where the Minister of Land, Infrastructure and Transport publicly notifies designation or change of designation of an urban regeneration leading area pursuant to Article 33 (5) of the Act, he or she shall publicly notify the following details on the official gazette, and the period of time allowed for perusal of the relevant documents shall be not less than 30 days: | 1. | The city subject to designation or change of designation of an urban regeneration leading area, and the location thereof; |
| 2. | The purpose of designation or change of designation of an urban regeneration leading area; |
| 3. | Other matters deemed necessary by the Minister of Land, Infrastructure and Transport for designation or change of designation of an urban regeneration leading area. |
| Article 43 (Standards of and Procedures, etc. for Designating Urban Regeneration Leading Areas) |
| (1) | The standards of designating an urban regeneration leading area shall be determined by the basic policies for national urban regeneration, considering the degree of decline of the city, the expected effects of designation, the capacity of local governments and residents, etc. |
| (2) | Where a developer of a strategic plan requests designation of an urban regeneration leading area pursuant to Article 33 (1) of the Act, he or she shall submit the following documents to the Minister of Land, Infrastructure and Transport: |
| 1. | The documents which prove that the standards of designation under paragraph (1) are met; |
| 2. | The details of budget, manpower, etc. which a developer of a strategic plan requesting designation may directly use to support the relevant urban regeneration leading area; |
| 3. | The result of gathering opinions of the residents, relevant experts, etc. and the opinions of the relevant local council pursuant to Article 33 (2) of the Act. |
| Article 44 (Supporting Expenses for Establishing Urban Regeneration Infrastructure in Urban Regeneration Leading Areas) |
“Facilities prescribed by Presidential Decree” in Article 34 (6) of the Act means the following facilities: <Amended on Nov. 26, 2019> | 3. | Narrow paths (referring to roads less than 12 meters in width) and public parking lot. |
CHAPTER VII DESIGNATION, ETC. OF INNOVATION DISTRICTS
| Article 44-2 (Hearing Opinions of Residents on Expropriation and Use of Land) |
| (1) | Where a developer of a strategic plan or the head of a Gu, etc. intends to make an innovation district plan available to residents for inspection under the former part of Article 41 (3) of the Act, he or she shall, in advance, publicly announce the following matters in a daily newspaper or public gazette or on the Internet, etc. and shall make the innovation district plan available to the general public for inspection for at least 14 days (excluding Saturdays and public holidays specified in the Regulations on Public Holidays of Government Offices for calculation): |
| 1. | Major details of the innovation district plan (including the innovation district project implementer, the location and area of the innovation district, the details of land, the methods of implementing an innovation district regeneration project, and other matters); |
| 2. | The period and place for inspection; |
| 3. | The methods of submitting opinions; |
| 4. | Other matters that a developer of a strategic plan or the head of a Gu, etc. deems necessary to publicly announce. |
| (2) | Where a developer of a strategic plan or the head of a Gu, etc. intends to hold a public hearing under the former part of Article 41 (3) of the Act, he or she shall publicly announce the following matters at least once in a daily newspaper or public gazette or on the Internet, etc., not later than 14 days before the scheduled date of the public hearing: |
| 1. | Purposes of holding the public hearing; |
| 2. | The scheduled date, time, and place for holding the public hearing; |
| 3. | The summary of an innovation district plan; |
| 4. | Other matters that a developer of a strategic plan or the head of a Gu, etc. deems necessary to hold the public hearing. |
| (3) | When a developer of a strategic plan or the head of a Gu, etc. publicly announces inspection under paragraph (1), he or she may also publicly announce matters regarding holding a public hearing under paragraph (2). |
[This Article Newly Inserted on Sep. 17, 2021]
| Article 45 (Designation, etc. of Innovation District Plans) |
| 1. | Where no plan for an area under minimal siting restrictions is newly formulated or altered, to designate an urban regeneration innovation district (hereinafter referred to as "innovation district"); |
| 1. | Where no district-unit plan is newly formulated or altered, to designate an innovation district; |
| 2. | Where a district-unit plan is to be included in detail when preparing an action plan under Article 47 of the Act. |
| (3) | Where no innovation district is designated redundantly with the implementation area of a previous project under Article 41 (4) 11 of the Act, a developer of a strategic plan need not include the matters specified in that subparagraph, in the relevant innovation district plan, as prescribed in the proviso of Article 41 (4) 11 of the Act. <Amended on Sep. 17, 2021> |
| (4) | "Urban development project prescribed in the Urban Development Act or any other development project prescribed by Presidential Decree under other statutes" in Article 41 (4) 11 of the Act means the following development projects (hereinafter referred to as "previous projects"): <Amended on Jul. 28, 2020; Sep. 17, 2021; Dec. 6, 2022> |
| 1. | The name of the previous project; |
| 2. | The place of the previous project and the area of such place; |
| 3. | The implementer of the previous project; |
| 4. | The land utilization plan and the infrastructure installation plan for the previous project. |
| (6) | The size of an innovation district designated pursuant to Article 41 (1) and (5) of the Act shall not exceed 2 million square meters. <Amended on Sep. 17, 2021; Dec. 6, 2022> |
| (7) | Where a person referred to in any subparagraph of Article 44 of the Act (hereinafter referred to as "innovation district project implementer") intends to request the designation of an innovation district or the change of such designation pursuant to Article 41 (5) of the Act, such person shall submit an innovation district plan along with documents concerning the matters specified in the subparagraphs of Article 41 (4) of the Act, to a developer of a strategic plan. <Amended on Sep. 17, 2021> |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 46 (Innovation District Project Implementers) |
“Institution prescribed by Presidential Decree" in subparagraph 2 of Article 44 of the Act means the following institutions: <Amended on Sep. 10, 2020; Jun. 8, 2021; Feb. 17, 2022> | 1. | Korea Land and Housing Corporation; |
| 2. | Korea Housing and Urban Guarantee Corporation; |
| 4. | Korea National Railway established under the Korea National Railway Act; |
| 6. | Jeju Free International City Development Center established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (only applicable for cases of conducting innovation district regeneration projects (referring to innovation district regeneration projects under Article 2 (1) 7 (b) of the Act; hereinafter the same shall apply) in Jeju Special Self-Governing Province); |
| 7. | Korea Asset Management Corporation established under the Act on the Establishment of Korea Asset Management Corporation; |
| 9. | Incheon International Airport Corporation established under the Incheon International Airport Corporation Act; |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 47 (Implementation of Innovation District Regeneration Projects) |
"Title prescribed by Presidential Decree" in subparagraph 1 of Article 45 of the Act means the ownership, superficies, leasehold, or any other right to use the relevant land. [This Article Newly Inserted on Nov. 26, 2019]
| Article 48 (Formulation of Action Plans) |
| (1) | An action plan under Article 47 of the Act shall be prepared in compliance with the relevant innovation district plan. |
| (2) | "Implementation plan formulated under the Urban Development Act or any other action or implementation plan of any previous project prescribed by Presidential Decree" in subparagraph 8 of Article 47 of the Act means an action or implementation plan of any project referred to in the subparagraphs of Article 45 (4). |
| (3) | "Matters prescribed by Presidential Decree" in subparagraph 10 of Article 47 of the Act means the following: |
| 1. | The name of the innovation district regeneration project and its implementation period; |
| 2. | The location the innovation district and the area of such district; |
| 3. | The name and address of the innovation district project implementer and the name of the representative; |
| 4. | The details of a district-unit plan (including related documents and drawings necessary for the determination of a district-unit plan) to be reflected in an action plan pursuant to Article 45 (2) 2; |
| 5. | The specifications of buildings the improvement or repair of which is deemed necessary in a zone to be maintained and a plan for the improvement or repair thereof; |
| 6. | The details of the rights to land or buildings, etc., and the names and addresses of the persons holding such rights; |
| 7. | Drawings and specifications and the financial plan. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 49 (Accompanying Documents Necessary for Integrated Deliberation) |
"Documents prescribed by Presidential Decree, such as documents related to the subparagraphs of paragraph (1)" in Article 48 (2) of the Act means the following documents: | 2. | Related documents and drawings necessary for the determination of a district-unit plan to be reflected in an action plan under Article 45 (2) 2. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 50 (Consultation Period) |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 51 (Use and Disposal of Buildings, etc.) |
| (1) | Guidelines that an innovation district project implementer shall follow when giving priority to supplying buildings, etc. prescribed in subparagraph 1 of Article 45 of the Act (hereinafter referred to as “buildings, etc.”) pursuant to Article 50 (2) of the Act shall be as specified in attached Table 1. |
| (2) | Where an innovation district project implementer intends to giving priority to supplying buildings, etc. located in the relevant innovation district, at a price not higher than the market price in its neighboring areas pursuant to Article 50 (3) of the Act, he or she shall include details concerning the supply prices, etc. in the relevant action plan in prior consultation with a developer of a strategic plan. In such cases, the developer of the strategic plan may seek advice from the local committee regarding the supply prices, if deemed necessary. |
| (3) | An innovation district project implementer shall use or dispose of the buildings, etc. remaining after giving priority to supplying such buildings, etc. pursuant to paragraphs (1) and (2) as follows: <Amended on Sep. 1, 2020> |
| 1. | In cases of buildings, etc. other than housing: The innovation district project implementer shall directly use such buildings, etc. as specified in the relevant action plan or shall supply them according to the following classifications: |
| (b) | In cases of officetels specified in subparagraph 14 (b) (ii) of attached Table 1 of the Enforcement Decree of the Building Act: They shall be supplied in accordance with the Act on Sale of Building Units: Provided, That if an officetel to be supplied has less than 30 units, it shall be supplied as specified in the relevant action plan; |
| (c) | In cases of other buildings, etc.: They shall be supplied to a person who has submitted tenders at the highest price through competitive bidding procedures; |
| 2. | In cases of housing: They shall be supplied in accordance with relevant statutes or regulations, such as the Housing Act and the Special Act on Public Housing: Provided, That, in cases of rental housing supplied to a person specified in subparagraphs 1 through 4 of Article 44 of the Act for a project for public interest, the housing may be supplied by negotiated contract. |
| (4) | Notwithstanding paragraph (3) 1, an innovation district project implementer may supply the following land by lottery: |
| 3. | Sites for detached housing and factory sites not exceeding 330 square meters. |
| (5) | Where an innovation district project implementer intends to supply buildings, etc. pursuant to paragraph (3) 1 or (4), he or she shall publicly announce the following matters on his or her website, etc.: |
| 1. | The name and address of the innovation district project implementer and the name of the representative; |
| 2. | The location, area, and use of buildings, etc. (including restrictions on use, if applicable); |
| 3. | The methods and terms of supply; |
| 4. | The supply price or the methods of determining such price; |
| 5. | Requirements for qualification for persons to be supplied with buildings, etc. and methods of selecting them; |
| 6. | Period and place to file an application for supply; |
| 7. | Other matters the innovation district project implementer deems necessary. |
| (6) | Notwithstanding paragraphs (3) 1 and (4), an innovation district project implementer may supply buildings, etc. by negotiated contract in any of the following cases: <Amended on Dec. 6, 2022> |
| 1. | Any of the following cases where an innovation district project implementer supplies buildings, etc. for a project for public interest: |
| (a) | Where he or she supplies public sites or public facilities not permitted to be parceled out to the general public, such as school sites and sites for government office buildings, to the State, a local government, or a person permitted to be supplied with the relevant facilities under related statutes or regulations; |
| (b) | Where he or she supplies construction sites for rental housing to a person specified in subparagraphs 1 through 4 of Article 44 of the Act; |
| 2. | Any of the following cases where an innovation district project implementer supplies buildings, etc. to a person who has transferred such buildings, etc. for an innovation district regeneration project: |
| (a) | Where he or she supplies buildings, etc. to a person who makes an investment in kind in a corporation specified in subparagraph 4 of Article 44 of the Act; |
| (b) | Where he or she supplies buildings, etc. to a person to be supplied with such buildings, etc. specified in attached Table 2 pursuant to that Table; |
| 3. | Any of the following cases where an innovation district project implementer deems it inefficient to supply buildings, etc. by competitive bidding or lottery, except for cases specified in subparagraph 1 or 2: |
| (a) | Where he or she deems it inevitable to supply the relevant land to an owner, etc. of adjacent land, as the utility value of the land is remarkably low in light of its size, shape, location conditions, etc.; |
| (b) | Where he or she supplies the minimum land required for maintaining and managing facilities that remain according to an action plan; |
| (c) | Where he or she supplies buildings, etc. to a person selected pursuant to attached Table 3 (hereinafter referred to as "complex development implementer") as it is necessary to attract commercial and industrial functions or to enhance complex and three-dimensional development to facilitate urban regeneration in the innovation district; |
| (e) | Where competitive bidding under paragraph (3) 1 or a lottery under paragraph (4) fails at least twice; |
| (f) | Where he or she can supply buildings, etc. by negotiated contract under related statutes or regulations. |
| (7) | When it is necessary to evaluate the price for the use and disposal of buildings, etc. (excluding housing) pursuant to Article 50 of the Act, such price shall be the arithmetic mean (hereafter in this Article referred to as “appraised price”) of the values appraised by an appraisal corporation, etc. under the Act on Appraisal and Certified Appraisers (hereinafter referred to as "appraisal corporation, etc."). <Amended on Jan. 21, 2022> |
| (8) | Notwithstanding paragraph (7), the price of a construction site for rental housing supplied by negotiated contract pursuant to paragraph (6) 1 (b) shall be calculated according to the following methods; and the construction cost of rental housing supplied by negotiated contract under the proviso of paragraph (3) 2 shall be as specified in the standards for calculating the price for conversion for sale determined pursuant to Article 54 (4) of the Enforcement Decree of the Special Act on Public Housing. In such cases, items to be added to the construction cost may be determined by the relevant innovation district project implementer after consultation with the acquirer: <Amended on Sep. 8, 2020> |
| 3. | Construction sites for rental housing other than those provided for in subparagraphs 1 and 2: The appraised price. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 52 (Special Measures to Protect Migrants, etc.) |
| (1) | "Migrants who meet the standards prescribed by Presidential Decree" in Article 51 (2) of the Act means migrants specified in attached Table 4. |
| (2) | "Ownership ... or any other title prescribed by Presidential Decree" in Article 51 (3) of the Act means the ownership, superficies, leasehold, and any other right to use the relevant land. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 53 (Re-Investment of Development Gains) |
| 2. | An agency providing cost accounting services under the statutes or regulations on contracts to which the State is a party. |
| (2) | Development gains from an innovation district regeneration project under Article 52 (1) of the Act shall be the amount calculated by subtracting the total project cost, from the total gains from the relevant innovation district regeneration project. In such cases, items constituting the total gains and the total project cost shall be as specified in attached Table 5. |
| (3) | Where a developer of a strategic plan calculates development gains from an innovation district regeneration project pursuant to Article 52 (1) of the Act, he or she shall notify the relevant innovation district project implementer of the outcomes thereof. |
| (4) | An innovation district project implementer shall use all or part of the development gains after prior consultation with the developer of the relevant strategic plan pursuant to Article 52 (2) of the Act: Provided, That an innovation district project implementer specified in subparagraph 5 of Article 44 of the Act shall use all of the development gains. |
| (5) | "Limit prescribed by Presidential Decree" in Article 52 (4) of the Act means development gains calculated pursuant to the statutes or regulations related to the previous project for an area redundantly designated as an innovation district: Provided, That where no provisions concerning the calculation of development gains exist in the statutes or regulations related to the previous project for an area redundantly designated as an innovation district, it means the development gains calculated pursuant to paragraph (2). |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 53-2 (Scope of Application of Special Cases concerning Innovation Districts) |
| 1. | Where housing with less than 1,000 households is constructed and supplied: Exemption from the obligation to secure urban parks or green areas; |
| 2. | Where housing with at least 1,000 households is constructed or supplied: Securing urban parks or green areas, the size of which is at least the area calculated by multiplying the total number of households by 2 square meters or the area that is 5/100 of the site area to be developed, whichever is larger. |
[This Article Newly Inserted on Dec. 6, 2022]
[Previous Article 53-2 moved to Article 53-3 <Dec. 6, 2022>]
| Article 53-3 (Methods of Calculating Number of Land Owners Who Give Consent) |
| 2. | Where superficies on land is created, one representative from among the land owner and the person with superficies on such land shall be deemed the land owner for calculation; |
| 3. | Where at least two parcels of land are solely owned by one person, the land owner shall be deemed one person for calculation regardless of the number of parcels; |
| 4. | Where at least two parcels of land are co-owned by the same several persons, one person who represents the co-owners shall be deemed the land owner for calculation; |
| 5. | Where a person does not have his or her resident registration number recorded in the relevant land registration certificate, building registration certificate, land cadastre, or building management register as at the time he or she is registered therein as the owner, his or her address recorded is different from the current address, and his or her whereabouts is unknown, the person shall be excluded when the number of land owners is calculated; |
| 6. | Where land is owned by the State or a person falling under subparagraphs 1 through 4 of Article 44 of the Act, each of the property management authorities shall be deemed the land owner for calculation, respectively; |
| 7. | Where the landowner is changed during the period from the date of public announcement of inspection to the date a residential regeneration innovation district is designated, a calculation shall be made based on the number of landowners who has already given their consent; |
| 8. | Where the number of landowners increases as sectional ownership under subparagraph 1 of Article 2 of the Act on Ownership and Management of Condominium Buildings is divided during the period from the date of public announcement of inspection to the date a residential regeneration innovation district is designated, a calculation shall be made based on the number of landowners before the date of public announcement of inspection. |
| (2) | Where a developer of a strategic plan intends to obtain the consent of landowners under Article 55-2 (2) of the Act, he or she shall explain and notify the following: |
| 1. | Matters requiring consent, such as the summary of an innovation district plan, a land utilization plan, a housing construction project plan, an infrastructure installation plan, an innovation district project implementer, and standards for providing compensation in kind under Article 55-3 of the Act; |
| 2. | Methods of giving or withdrawing consent. |
| (3) | Consent under Article 55-2 (2) of the Act may be withdrawn within 30 days from the date consent is given, only before the designation of a residential regeneration innovation district subject to the relevant consent. |
| 1. | Submitting a written consent or written withdrawal with the name and thumbprint thereon, along with a copy of an identification certificate that verifies identification, such as a resident registration certificate or passport, to a developer of a strategic plan (referring to an innovation district project implementer where a project implementer receives a written consent on behalf of the developer of a strategic plan under paragraph (5); hereafter in this paragraph, the same shall apply); |
| (5) | A developer of a strategic plan may allow an innovation district project implementer to receive a written consent or written withdrawal under paragraph (4) on his or her behalf. |
[This Article Newly Inserted on Sep. 17, 2021]
[Moved from Article 53-2; previous Article 53-3 moved to Article 53-4 <Dec. 6, 2022>]
| Article 53-4 (Standards and Procedures for Compensation for Loss) |
| (3) | An innovation district project implementer shall allow the owner or tenant of housing that is to be demolished to implement the relevant project to temporarily dwell in facilities, including public rental housing located within or outside the relevant residential regeneration innovation district, or shall take other measures equivalent to temporary dwelling, such as helping them take out loans for housing funds. |
[This Article Newly Inserted on Sep. 17, 2021]
[Moved from Article 53-3; previous Article 53-4 moved to Article 53-5 <Dec. 6, 2022>]
| Article 53-5 (Requirements for Compensation in Kind) |
| (1) | "Requirements prescribed by Presidential Decree" in the former part of Article 55-3 (1) 1 means requirements specified in attached Table 6. |
| (2) | Where an innovation district project implementer intends to determine and publicly announce priority in determining persons eligible to be compensated with a building, methods of such determination, etc. under the latter part of Article 55-3 (1) 1 of the Act, he or she shall have a prior consultation with the relevant developer of a strategic plan. |
| (3) | Where an innovation district project implementer intends to provide compensation in kind to the owner of land, etc., he or she shall do so in accordance with the standards specified in attached Table 7. |
| (4) | A developer of a strategic plan may establish specific standards necessary for an innovation district project implementer to determine priority, methods of determining persons eligible for compensation, etc. under the latter part of Article 55-3 (1) 1, as prescribed by ordinance of the relevant local government. |
| (5) | Where an innovation district project implementer provides compensation in kind, he or she may supply an accumulated equity housing unit for sale defined in subparagraph 1-4 of Article 2 of the Special Act on Public Housing or a profit-sharing housing unit for sale defined in subparagraph 1-5 of that Article. |
| (7) | Where an innovation district project implementer becomes unable to provide compensation in kind for all or part of land, goods, or rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects (hereinafter referred to as "land, etc.") due to a change in the relevant innovation district plan, he or she may cancel the agreement on compensation in kind and pay compensation in cash. In such cases, an interest rate on the amount of compensation in cash shall be the interest rate prescribed in Article 63 (9) 2 (a) of that Act. |
| (8) | Where, out of the compensation to be paid by an innovation district project implementer, there is a difference between the amount, the payment of which is deferred as the owner of land, etc. desires to receive compensation in kind, and the sale price of a building (in the case of housing prescribed in paragraph (5), referring to the supply price of the relevant housing under the Enforcement Decree of the Special Act on Public Housing; hereafter in this paragraph, the same shall apply) provided as compensation in kind, the innovation district project implementer and the owner of land, etc. who is to receive compensation in kind shall settle such difference. In such cases, if the amount, the payment of which is deferred, is larger than the sale price, the innovation district project implementer shall pay to the owner of land, etc. the amount obtained by adding to the difference the interest calculated by applying the interest rate specified in Article 63 (9) 2 (a) of the Act on Acquisition of and Compensation for Land for Public Works Projects. |
| (9) | Where the owner of land, etc. falls under any of the following cases and requests compensation in cash with regard to compensation in kind to be provided to him or her, an innovation district project implementer shall pay compensation in cash. In such cases, the interest rate on the amount of cash shall be the interest rate prescribed in Article 63 (9) 2 (a) the Act on Acquisition of and Compensation for Land for Public Works Projects: |
| 1. | Where one year has elapsed since the date an agreement on compensation in kind was concluded; |
| 2. | Where the compulsory collection, etc. of national taxes or local taxes commences or compulsory execution is performed; |
| 3. | Where all members of his or her household intend to emigrate or stay overseas for at least two years; |
| 4. | Where it is deemed unavoidable to pay compensation in cash to the owner of land, etc. due to the repayment of debts, medical treatment for an injury or disease, or other reasons. |
| (10) | Except as provided in paragraphs (1) through (9), detailed procedures for providing compensation in kind shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Sep. 17, 2021]
[Moved from Article 53-4; previous Article 53-5 moved to Article 53-6 <Dec. 6, 2022>]
| Article 53-6 (Special Cases concerning Housing Supply) |
| (1) | Where an innovation district project implementer determines the sale prices of buildings supplied as compensation in kind in a residential regeneration innovation district under Article 55-4 of the Act, he or she shall consider the total project costs of the relevant residential regeneration innovation project, the total amount of compensation for land and buildings in the residential regeneration innovation district, estimated sale revenues, and other matters. |
| (2) | Where the total project costs of an innovation district regeneration project are changed due to the following reasons, the relevant innovation district project implementer may change the sale prices calculated under paragraph (1) before a public announcement is made to conclude a contract for sale: |
| 1. | Where the total project costs increase or decrease after a request made at a plenary meeting of the owners of land, etc. under the former part of Article 55-5 (1) of the Act (hereinafter referred to as "plenary meeting of the owners of land, etc.") or by a developer of a strategic plan is reflected; |
| 2. | Where the total project costs increase due to the occurrence of a natural disaster, the discovery of buried cultural, or any other event that a project implementer can hardly predict in the course of construction work. |
| (3) | Where sale prices increase or decrease under paragraph (2), an innovation district project implementer shall, without delay, notify such fact to the owner of land, etc. who agrees to receive compensation in kind, and shall verify whether the owner of land, etc. receives compensation in kind at a changed price. |
[This Article Newly Inserted on Sep. 17, 2021]
[Moved from Article 53-5; previous Article 53-6 moved to Article 53-7 <Dec. 6, 2022>]
| Article 53-7 (Recommendation for Constructors) |
| (1) | Where the owner of land, etc. recommends a constructor by means of competitive bidding under the former part of Article 55-5 (1) of the Act, all of the following requirements shall be satisfied: |
| 1. | General competitive bidding, limited competitive bidding, or designated competitive bidding shall be applied; |
| 2. | Bidding prescribed in subparagraph 1 shall be publicly announced in a daily newspaper at least once, and an on-site presentation shall be given to bidders; |
| 3. | Bidders shall be required to give a joint presentation for public relations to the owners of land, etc.: Provided, That bidders who refuse to do so shall be excluded; |
| 4. | A resolution shall be adopted under paragraph (2). |
| (2) | A plenary meeting of the owners of land, etc. shall adopt a resolution with the attendance of a majority of the owners of land, etc. and by the concurring vote of a majority of those present. In such cases, persons who express their intentions in writing and those who express their intentions by electronic means as it is deemed impracticable for them to attend such meeting due to the occurrence of a disaster defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety shall be also deemed those who attend the meeting and express their intentions. |
| (3) | Where any resolution is adopted under paragraph (2), Article 53-3 (1) shall apply mutatis mutandis to methods of calculating the number of voting rights. <Amended on Dec. 6, 2022> |
[This Article Newly Inserted on Sep. 17, 2021]
[Moved from Article 53-6 <Dec. 6, 2022>]
| Article 54 (Designation of National Model Districts) |
| (1) | "Areas meeting the requirements prescribed by Presidential Decree" in Article 56 (1) 4 of the Act means areas that include any of the following areas: |
| 6. | Other areas where urban regeneration is required due to changes in industrial structure, deterioration of industrial facilities, urban sprawl, etc. |
| (2) | The guidelines for formulating plans for areas under minimal siting restrictions and the area thereof determined otherwise for a national model district pursuant to Article 56 (5) of the Act shall be as follows: |
| 1. | The plan shall be formulated by combining at least two main functions among such functions as residence, business, sale, industry, culture, and tourism; |
| 2. | Where residential functions are planned, the total floor area for the residential functions among the total available floor area (referring to the total floor area calculated from the total area minus the area of infrastructure) of an area under minimal siting restrictions shall be planned to be not more than 80 percent; |
| 3. | The area of areas under minimal siting restrictions which are included in an innovation district plan for a national model district shall not be included in the area permissible for regional designation of areas under minimal siting restrictions publicly notified pursuant to Article 40-2 (8) of the National Land Planning and Utilization Act; |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 54-2 (Minor Modifications to National Model District Plans) |
"Where any modification is made to minor matters in a national model district plan prescribed by Presidential Decree" in Article 56 (6) of the Act means any modification to matters specified in the subparagraphs of Article 41 (4) of the Act, which shall apply mutatis mutandis pursuant to paragraph (4) of that Article, excluding the following cases: <Amended on Sep. 17, 2021> | 1. | Where the purpose of designating the national model district is modified; |
| 2. | Where the area of the national model district is modified by at least 10 percent; |
| 3. | Where one or more major introduced functions included in the national model district plan, are removed or installed; or the total floor area of facilities by major introduced function is modified by at least 10 percent; |
| 4. | Where the total project cost is modified by at least 10 percent; |
| 6. | Where a special-purpose area defined in subparagraph 15 of Article 2 of the National Land Planning and Utilization Act or a special-purpose district defined in subparagraph 16 of that Article is modified: Provided, That the foregoing shall not apply where the area of a special-purpose area or special-purpose district is modified by up to 10 percent due to the formulation a plan for an area under minimal siting restrictions or modification thereof; |
| 7. | Where the area of an area under minimal siting restrictions is modified by at least 10 percent. |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 54-3 (Modification to Minor Matters in Action Plans for National Model Districts) |
| (1) | "Where any modification is made to minor matters in an action plan for a national model district prescribed by Presidential Decree" in Article 56 (7) of the Act means cases excluding the following: |
| 1. | Where any modification is made to a plan to use and dispose of buildings to be constructed prescribed in subparagraph 7 of Article 47 of the Act within the scope of at least 10/100 of the total floor area or land area of such buildings; |
| (2) | Notwithstanding paragraph (1), any modification is deemed made to minor matters under Article 56 (7) of the Act in any of the following cases: |
| 1. | Where any modification is made to the area, district, zone, region, or complex of the previous project redundantly designated as a national model district under the former part of Article 55 (3) of the Act and the details of such modification is reflected in the relevant action plan for the national model district; |
| 2. | Where the details of any modification to a national model district plan approved by the Minister of Land, Infrastructure and Transport under Article 33 (5) of the Act which is applied mutatis mutandis under the latter part of Article 56 (3) of the Act are reflected in the relevant action plan for the national model district plan. |
[This Article Newly Inserted on Dec. 6, 2022]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 55 (Public Perusal, Keeping, etc. of Relevant Documents) |
| 1. | A report on supervision of construction works for an urban regeneration project; |
| 3. | Other matters that a developer of a strategic plan deems necessary. |
[This Article Newly Inserted on Nov. 26, 2019]
ADDENDA <Presidential Decree No. 24906, Dec. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013.
Article 2 (Transitional Measures concerning Public Officials in a Fixed Term Position)
Public officials in a fixed term position under Article 11 (3) shall be deemed to be contract public officials until December 11, 2013.
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.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDUM <Presidential Decree No. 29007, Jun. 26, 2018>
This Decree shall enter into force on June 27, 2018.
ADDENDUM <Presidential Decree No. 29387, Dec. 18, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30217, Nov. 26, 2019>
This Decree shall enter into force on November 28, 2019.
ADDENDA <Presidential Decree No. 30876, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 30985, Sep. 1, 2020>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 31005, Sep. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31012, Sep. 10, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31169, Nov. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31176, Nov. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (General Applicability to Methods of Making Public Announcement, etc.)
This Decree shall begin to apply to a public announcement, declaration, publication, or public notice made on or after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 31243, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31752, Jun. 8, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2021: Provided, That the amended provisions of Articles 9-2 (4) and 13 (1) 4 (c), and subparagraph 8 through 10 of Article 46 shall enter into force on the date of its promulgation. Article 2 (Applicability to Terms of Office of Previously Commissioned Members of Working Committee Following Extension of Terms of Office of Commissioned Members)
The amended provisions of Article 9-2 (4) shall also apply to the incumbent commissioned members as at the time this Decree enters into force pursuant to the proviso of Article 1 of the Addenda.
ADDENDUM <Presidential Decree No. 31989, Sep. 17, 2021>
This Decree shall enter into force on September 21, 2021.
ADDENDA <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 32352, Jan. 21, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2022.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 32449, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 33033, Dec. 6, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 11, 2022: Provided, That the amended provisions of the main clause of Article 10 (5) shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Term of Office of Members of Local Urban Regeneration Committees)
| (1) | Notwithstanding the amended provisions of the main clause of Article 10 (5), the previous provisions shall apply to the term of office of a member commissioned before the enforcement date prescribed in the proviso of Article 1 of the Addenda (excluding where a member is appointed consecutively for further terms after the enforcement date prescribed in the proviso of Article 1 of the Addenda). |
| (2) | Where any municipal ordinance is not enacted or amended pursuant to the amended provisions of the main clause of Article 10 (5) until the enforcement date prescribed in the proviso of Article 1 of the Addenda, the previous provisions shall apply until the relevant municipal ordinance is enacted or amended. |