CHAPTER I GENERAL PROVISIONS
| Article 2 (Urban complex development innovation district) |
| 1. | In the case of an area intended to implement a growth hub type complex development project under subparagraph 3 a of Article 2 of the Act (hereinafter referred to as "growth hub type complex development project"): An area that meets all of the following requirements: |
| a. | The area shall fall under either of the following: |
2) An area located within 500 meters from a road junction where at least 2 roads either meet or cross at grade;
| b. | The area shall be more than 5,000 square meters; |
| c. | The area of each multi-family housing complex located in the area where the relevant project is to be implemented shall be less than 20,000 square meters and shall be 30/100 or less of the area of the project implementation area; provided, the range of the area of each multi-family housing complex and the ratio of the area of each multi-family housing complex to the area of the project implementation area may be otherwise prescribed by ordinances of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province, and a large city with a population of at least 500,000 or more, except for the Seoul Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City under Article 198 of the Local Autonomy Act (hereinafter referred to as "City/Do ordinance") within the range prescribed in the main clause; |
| d. | It shall conform to matters prescribed by City/Do ordinance regarding the types, etc. of special-purpose areas; |
| 2. | In the case of an area intended to implement a residential-centered type complex development project under subparagraph 3 b of Article 2 of the Act (hereinafter referred to as "residential-centered type complex development project"): An area that meets all of the following requirements: |
| a. | An area that falls under any of the following, and is located near residential areas or where factories, industrial facilities, etc., are underdeveloped and require maintenance; |
1) An area where the greater part of the area where the project is to be implemented is within 500 meters from the boundary of the station platform;
| b) | The ratio of old buildings, which at least 20 years has elapsed after completion of construction, among all buildings shall be at least ratio prescribed by City/Do ordinance within the range of at least 40/100; |
| c. | The area shall be at least 5,000 square meters; |
| d. | The area of each multi-family housing complex located in the area where the relevant project is to be implemented shall be less than 20,000 square meters and shall be 30/100 or less of the area of the project implementation area; provided, the range of the area of each multi-family housing complex and the ratio of the area of each multi-family housing complex to the area of the project implementation area may be otherwise prescribed by City/Do ordinance; |
| e. | It shall conform to matters prescribed by City/Do ordinance regarding the types, etc. of special-purpose areas. |
| (2) | “Housing at not less than the ratio prescribed by Presidential Decree” in subparagraph 3 b of Article 2 of the Act means housing corresponding to at least 50/100 of the total gross floor area of all buildings constructed as part of a complex development project. |
CHAPTER II DESIGNATION OF URBAN COMPLEX DEVELOPMENT INNOVATION DISTRICT
| Article 3 (Details of complex development plan) |
| (1) | "Matters prescribed by Presidential Decree" in Article 5 (1) 17 of the Act means the following: |
| 1. | Where an urban complex development innovation district is to be designation after an urban complex development innovation district is subdivided or urban complex development innovation districts are consolidated or combined, the plan thereof; |
| 2. | The name of the prospective project implementer under Article 9 (6) of the Act (hereinafter referred to as "prospective project implementer") (in the case of a corporation, referring to the name of the corporation and the name of its representative) and the address (limited to where the prospective project implementer has proposed the formulation of a complex development plan in accordance with Article 6 (1) of the Act); |
| 3. | The scheduled timing for implementing the complex development project; |
| 4. | A plan to maintain and improve existing buildings; |
| 5. | A plan regarding building lines of buildings; |
| 6. | Results of an examination of vulnerabilities to floods and other natural disasters; |
| 7. | A plan for disaster prevention; |
| 8. | Matters regarding housing supply in the urban complex development innovation district and surrounding areas; |
| 9. | Matters regarding safety and crime prevention; |
| 10. | Other matters prescribed by City/Do ordinance for efficiently implementing complex development projects. |
| (2) | “Period prescribed by Presidential Decree” in Article 5 (2) of the Act means 60 days from the date of receipt of request for review by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor (referring to the head of a Si/Gun/Gu if there is a Si/Gun/Gu that is a local government within the jurisdiction of the Special Self-Governing Province), or the head of a Si/Gun/autonomous Gu (hereinafter referred to as "head of a Si/Gun, etc."). |
| (3) | The head of a Si/Gun, etc. shall notify the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the Mayor of a large city with a population of at least 500,000 persons, other than Seoul Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City under Article 198 of the Local Autonomy Act (hereinafter referred to as "Mayor/Do Governor, etc.") of the following matters within 30 days from the date of receipt of the review opinion from the Mayor/Do Governor, etc.: |
| 1. | Whether and how the review opinions received from the Mayor/Do Governor, etc. have been reflected and the results thereof; |
| 2. | Where there exist special reasons making it difficult to reflect the review opinions, the details and reasons thereof. |
| (4) | Except as provided in paragraphs (1) through (3), standards and methods for preparing a complex development plan shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 4 (Determination of project implementers) |
| (1) | An owner of land, etc. intending to implement a complex development project (referring to the owner of land or buildings located in the Urban Complex Development Innovation District or the person with superficies thereof; hereinafter the same shall apply) may determine a prospective project implementer from among the following persons in accordance with Article 6 (1) of the Act: |
| 1. | A person falling under Article 14 (1) 1 through 4 and 6; |
| (2) | Owners of land, etc. shall obtain the consent of the owners of land, etc. and landowners under Article 6 (1), including the following matters in the consent form prescribed by Decree of the Ministry of Land, Infrastructure and Transport, in order to designate a prospective project implementer in accordance with Article 6 (1) of the Act: |
| 1. | Personal details of the owners of land, etc., and matters regarding ownership and superficies; |
| 2. | Matters regarding prospective project implementers; |
| 3. | The details of the complex development plan for the proposal for formulation under Article 6 (1) of the Act. |
| (3) | Except as provided in paragraphs (1) and (2), detailed matters necessary for the determination of prospective project implementers shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 5 (Procedure for proposal for formulation of complex development plan) |
| (1) | A prospective project implementer who intends to propose the formulation of a complex development plan in accordance with Article 6 (1) of the Act shall submit the following documents and drawings to the head of a Si/Gun, etc. in the proposal form prescribed by City/Do ordinance: |
| 1. | Drawings and documents of complex development plans and descriptions of complex development plans; |
| 2. | Written consents from the owners of land, etc. and copies of identification cards; |
| 3. | Documents prescribed by City/Do ordinance, as necessary for proposing the formulation of a complex development plan, in addition to the documents under subparagraphs 1 and 2. |
| (2) | Where the head of a Si/Gun, etc. reflects a proposal submitted under paragraph (1) in the complex development plan, he or she may utilize the drawings and documents of the complex development plan and descriptions of the complex development plan, accompanied by the relevant proposal. |
| (3) | Except as provided in paragraphs (1) and (2), detailed matters necessary for proposing the formulation of complex development plans may be prescribed by City/Do ordinance. |
| Article 6 (Public announcement of proposal for formulating complex development plan) |
“ Fact of the proposal for formulation and other matters prescribed by Presidential Decree” in Article 6 (2) of the Act means the following: | 1. | The fact of proposal for formulating a complex development plan; |
| 2. | Details of drawings and documents of complex development plans and descriptions of complex development plans; |
| 3. | Prospective project implementers; |
| 4. | Other matters prescribed by City/Do ordinance. |
| Article 7 (Minor modification of complex development plan) |
"Modify minor matters prescribed by Presidential Decree" in Article 7 (3) of the Act means any of the following cases: | 1. | Where the area of an urban complex development innovation district is changed by less than 10 percent thereof; |
| 2. | Where the location of infrastructure is changed or the scale of infrastructure is changed by less than 10 percent thereof; |
| 3. | Where the disaster prevention plan is modified; |
| 4. | The main use of a building (referring to the use of the largest floor area in the relevant building) is changed to any of uses prescribed in Appendix 1 of the Enforcement Decree of the Building Act; |
| 5. | Where the building-to-land ratio or the floor area ratio of buildings is reduced or increased by less than 10 percent; |
| 6. | Where the maximum height of buildings is changed; |
| 7. | Where a complex development plan is modified to reflect the results of deliberation under relevant statutes and regulations, including a traffic impact assessment under the Urban Traffic Improvement Promotion Act; |
| 8. | Other cases where matters prescribed by City/Do ordinance, such as changing the name of the urban complex development innovation district, are modified. |
| Article 8 (Matters requiring consent from owner of land) |
"Matters prescribed by Presidential Decree" in Article 8 (3) 3 of the Act means the following: | 1. | Schematic designs of the buildings to be built; |
| 2. | Complex development project costs; |
| 3. | Standards for apportioning the complex development project costs (including the apportionment of trust fees, etc. to be paid to the trust business entity); |
| 4. | Matters regarding vesting ownership after completion of the complex development project; |
| 5. | Details to be drafted as implementing rules under Article 20 of the Act (hereinafter referred to as "implementing rules"); |
| 6. | Matters regarding transfer of ownership for implementing the complex development project. |
| Article 9 (Consultation on designation of urban complex development innovation district) |
"Area prescribed by Presidential Decree" in the main clause of Article 9 (2) of the Act means 300,000 square meters.
| Article 10 (Restrictions on conduct) |
| (1) | "Acts prescribed by Presidential Decree" in Article 10 (1) 8 of the Act means the change of use of a building: |
| (2) | Where the head of a Si/Gun, etc. intends to grant permission (including permission for modification thereof) under Article 10 (1) of the Act, and a prospective project implementer is already designated in accordance with Article 6 (1) of the Act, he or she shall hear the opinion of the prospective project implementer in advance. |
| 1. | Change of the form and quality of land for cultivation; |
| 2. | Extracting soil and stone to the extent not hindering the development of an urban complex development innovation district nor damaging natural landscape; |
| 3. | Piling up goods on a site to remain in an urban complex development innovation district; |
| 4. | Temporary planting of ornamental bamboo trees in land other than cultivated land. |
| (4) | A person who intends to file a report in accordance with Article 10 (3) of the Act shall submit a report on permission for activities in an urban complex development innovation district prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the head of a Si/Gun, etc., accompanied by the progress of the project or construction works and an implementation plan thereof, within 30 days from the date of designation and public notice of the urban complex development innovation district. |
| Article 11 (Cancellation of designation of urban complex development innovation district) |
| (1) | Where the Mayor/Do Governor, etc. (in the case of subparagraph 1, referring to the head of a Si/Gun, etc.; hereinafter in this Article the same shall apply) falls under any of the following subparagraphs, he or she shall make the relevant plan available to residents for public perusal for at least 30 days to seek their opinions; in such cases, he or she shall publicly announce the summary and location of the public perusal in the public gazette and on the website of the relevant local government in advance, and shall keep the relevant documents at the place of public perusal: |
| 1. | Where the formulation of a complex development plan is revoked in accordance with Article 11 (1) of the Act; |
| 2. | Where the period under the main clause of Article 11 (2) of the Act (hereafter in this Article referred to as the "period for designation of urban complex development innovation district") is extended in accordance with the proviso of the same paragraph; |
| 3. | Where the designation of an urban complex development innovation district is canceled in accordance with the main clause of Article 11 (2) or Article 11 (3) of the Act. |
| (2) | When the Mayor/Do Governor, etc. falls under any of the subparagraphs of paragraph (1), he or she shall notify the local council of any of the following facts and their reasons together with residents' public perusal under paragraph (1) and seek their opinions; in such cases, the local council shall present its opinion within 60 days from the date of receipt of the notification under the former part; if no opinion is presented within 60 days, it shall be deemed that there is no objection: |
| 1. | Cancellation of the formulation of a complex development plan; |
| 2. | Extension of the designation period of an urban complex development innovation district; |
| 3. | Cancellation of designation of an urban complex development innovation district. |
| (3) | When the Mayor/Do Governor, etc. intends to extend the designation period of an urban complex development innovation district or cancel the designation thereof following the procedures under paragraphs (1) and (2), he or she shall undergo deliberation of the Local Urban Planning Committee under Article 113 of the National Land Planning and Utilization Act. |
CHAPTER III IMPLEMENTATION OF COMPLEX DEVELOPMENT PROJECTS
| Article 12 (Project implementer of complex development project) |
| (1) | "Public institutions prescribed by Presidential Decree" in Article 14 (1) 2 of the Act means the following: |
| 4. | The Korea National Railway under the Korea National Railway Act. |
| (2) | “A trust business entity ... who meets the requirements prescribed by Presidential Decree" under Article 14 (1) 5 of the Act means a trust business entity that has obtained consent from at least 2/3 of the owners of land, etc. and consent from landowners owning at least 1/2 of the area of land with respect to the designation of a project implementer under Article 8 (3) 2 of the Act. |
| (3) | “An entrusted management real estate investment company ... who meets the requirements prescribed by Presidential Decree” in Article 14 (1) 6 of the Act means an entrusted management real estate investment company that meets all of the following requirements (referring to an entrusted management real estate investment company under the Real Estate Investment Company Act; hereinafter the same shall apply): |
| 1. | It shall have registered any of the following projects: |
| 2. | It shall have concluded an entrustment contract for investment and management of assets with an asset management company. |
| (4) | A person who intends to be designated as a project implementer in accordance with Article 14 (1) of the Act shall submit an application for designation as a project implementer prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the Mayor/Do Governor, etc. |
| (5) | Where a Mayor/Do Governor, etc. designates a project implementer for a complex development plan in accordance with Article 14 (1) of the Act, he or she shall publicly notify the following matters in the public gazette and on the website of the relevant local government: |
| 1. | Type and name of the complex development project; |
| 2. | Name and address of a project implementer (in cases of a corporation, referring to its title and address and the name of its representative); |
| 3. | Location and size of the urban complex development innovation district; |
| 4. | Where a prospective project implementer is not designated as the project implementer, special reasons under Article 9 (6) of the Act. |
| Article 13 (Status of owners of land) |
| (1) | "Period prescribed by Presidential Decree" in Article 15 (2) 4 of the Act means either of the following periods; in such cases, if an owner acquired ownership of a house by inheritance from a decedent, the period for which the decedent had owned or resided in the house shall be added to such periods: |
| 1. | The period of ownership: 10 years; |
| 2. | The period of residence (based on the relevant resident registration record under Article 7 of the Resident Registration Act; if the owner does not reside in the house but his or her spouse or any of his or her lineal ascendants or descendants resides in the house, the period of residence by his or her spouse or any of his or her lineal ascendants or descendants shall be added to the period of residence): 5 years. |
| (2) | "Cases prescribed by Presidential Decree" in Article 15 (2) 5 of the Act means cases falling under any of the following, with the consent of the project implementer: |
| 2. | Where the owner of a house falling under any of subparagraphs 3 through 5 of Article 64 (1) of the Housing Act fails to fulfill debts to the State, local governments, and financial institutions (referring to financial institutions under each item of subparagraph 1 of Article 71 of the Enforcement Decree of that Act), and an auction or public sale is conducted; |
| 3. | Where part of a building or land is donated to a spouse; |
| 4. | Where economic difficulties arise due to unemployment, bankruptcy, or bad credit. |
| Article 14 (Composition and operation of plenary meetings of owners of land) |
| (1) | A meeting composed of all the owners of land, etc., under Article 16 (1) of the Act (hereinafter referred to as "plenary meeting of owners of land, etc.") may have an operating committee consisting of a chairperson and a vice-chairperson, at least 1, but not more than 3 auditors, and at least 5, but not more than 25 members. |
| (2) | The election, replacement, and dismissal of members of the operating committee under paragraph (1), the method of operation, the procurement of operating expenses, and other matters necessary for the operation of the operating committee shall be determined by a resolution of the plenary meeting of all the owners of land, etc. |
| (3) | An owner of land, etc. may exercise his or her voting right in writing or by proxy in any of the following cases; in such cases, exercising his or her voting right in writing shall be deemed to attend the meeting for the purpose of determining a quorum: |
| 1. | Where an owner of land, etc. is unable to exercise his or her right in person and submits a power of attorney designating an adult as proxy, among his or her spouse, lineal ascendants or descendants, or siblings; |
| 2. | Where an owner, etc. residing abroad designates his or her proxy; |
| 3. | Where an owner, etc. who is a corporation designates his or her proxy. |
| Article 15 (Minor modification to authorization of project implementation plan) |
"Modification to minor matters prescribed by Presidential Decree" in the proviso of Article 18 (1) of the Act means any of the following: | 1. | When the complex development project costs are changed by up to 10 percent; |
| 2. | When the complex development project costs are changed in accordance with authorization of the management and disposal plan under Article 26 (1) of the Act (hereinafter referred to as the "management and disposal plan"); |
| 3. | When the scale of appurtenant facilities and welfare facilities, other than buildings, are extended (excluding cases where the location thereof is changed); |
| 4. | When the area of the site is changed by up to 10 percent; |
| 5. | When the interior layout or area of each housing unit by up to 10 percent of the area for residential use only per household are changed without changing the number of households and the area for residential use only per household; |
| 6. | When materials for interior or exterior finishes are changed; |
| 7. | When any modification is made following the fulfillment of any condition imposed upon authorization of the project implementation plan under Article 18 (1) of the Act (hereinafter referred to as "authorization of the project implementation plan"); |
| 8. | When the layout of buildings or the alignment of roads in a housing complex is changed without changing designs of such buildings and their locations by purpose of use; |
| 10. | When the name or the location of the office of the project implementer is changed; |
| 11. | When the project implementation plan under Article 19 of the Act is changed following changes in the urban complex development innovation district or complex development plan; |
| 12. | When other matters prescribed by City/Do ordinance are changed. |
| Article 16 (Formulation of project implementation plans) |
| (1) | "Matters prescribed by Presidential Decree" in subparagraph 11 of Article 19 of the Act means the following: |
| 1. | Name and address of a project implementer (in cases of a corporation, referring to its title and address and the name of its representative); |
| 2. | Drawings and specifications; |
| 4. | A list of buildings that need not be demolished but require improvement or repair and a plan for the improvement or repair thereof; |
| 5. | A detailed statement on buildings, structures, etc. in the urban complex development innovation district deemed detrimental to the implementation of the complex development project; |
| 6. | A list of persons holding a right in land, buildings, etc. and a list of such rights; |
| 8. | A report and drawings of the infrastructure that will become disused following the implementation of a complex development project, appraisal reports issued by at least 2 appraisal corporations, etc. under subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers (hereinafter referred to as "appraisal corporations, etc.") on such infrastructure, and a report and drawings of the infrastructure to be newly installed and a calculation sheet for the cost of installing such infrastructure; |
| 10. | A plan to demolish existing houses (including the status of building materials containing asbestos, if such materials are used; and a plan to remove and dispose of such building materials); |
| 11. | Matters regarding preferential sale, etc. to commercial tenants after completion of the complex development project; |
| 12. | Matters regarding the management, operation, etc. of trust property, such as the conclusion of the trust contract and timing of registration (limited to cases where the trust business entity is the project implementer); |
| 13. | The timing of the conclusion of in-kind investment agreement and the issuance of stocks, and matters regarding the management, operation, and disposition of the assets of the real estate investment company (limited to cases where the entrusted management real estate investment company is the project implementer); |
| 14. | Other matters prescribed by City/Do ordinance, such as measures for safety management of complex development project zones. |
| Article 17 (Composition of integrated deliberative committee on urban complex development) |
The minimum number of members of the Integrated Deliberative Committee on Urban Complex Development (hereinafter referred to as the "Integrated Deliberative Committee") under Article 21 of the Act shall be as follows: | 1. | Persons falling under Article 21 (3) 1 of the Act: 1 person; |
| 2. | Persons falling under Article 21 (3) 2 of the Act: 5 persons; |
| 3. | Persons falling under Article 21 (3) 3 of the Act: 3 persons; |
| 4. | Persons falling under Article 21 (3) 4 of the Act: 3 persons; |
| 5. | Persons falling under Article 21 (3) 5 through 8 of the Act: 2 persons for each subparagraph. |
| Article 18 (Term of office of members) |
The term of office of the members under Article 21 (3) 2 through 8 of the Act shall be 2 years.
| Article 19 (Dismissal of members) |
| (1) | The Mayor/Do Governor, etc. may dismiss from office a committee member commissioned in accordance with Article 21(3) 2 of the Act in any of the following cases: |
| 1. | Where the member becomes unable to perform his or her duties due to mental or physical weakness, etc.; |
| 2. | Where the member engages in any misdeed related to his or her duties; |
| 3. | Where the member is deemed unfit to serve as a member due to neglect of duty, injury to dignity, or any other reason; |
| 4. | Where the member falls under any ground for disqualification referred to in each subparagraph of Article 20 (1) or deems that circumstances exist which make it impracticable to expect fair deliberations, but fails to refrain therefrom; |
| 5. | Where the member voluntarily discloses that he or she has difficulty in performing duties. |
| (2) | If a member falls under any subparagraph of paragraph (1), the person who recommended such member in accordance with Article 21 (3) 3 through 8 of the Act may withdraw his or her recommendation. |
| Article 20 (Exclusion of, challenge to, or recusal of, members) |
| (1) | A member of the Integrated Deliberative Committee falling under any of the following subparagraphs shall be excluded from deliberation and decision-making by the Integrated Deliberative Committee: |
| 1. | Where the member or his or her former or current spouse is a party to the relevant agenda item (including the executive officer if the party is a corporation, an organization, etc.; hereafter in this subparagraph and subparagraph 2 the same shall apply) or where the member shares certain rights and obligations with such party; |
| 2. | Any of the member's current or former relatives is a party to the relevant agenda item; |
| 3. | The member has given any advice, or conducted any research, service (including any subcontract), appraisal, or examination with respect to the relevant agenda item; |
| 4. | Where the member, or a corporation, an organization, etc. to which he or she belongs, is or was involved in the relevant agenda item as the representative of a party thereto; |
| 5. | Where a corporation, etc. in which the member holds or held the post of an executive officer or employee within the last 3 years has given any advice, conducted any research, provided any service (including subcontract), or conducted any appraisal or inspection with respect to the relevant agenda item. |
| (2) | Where there are any grounds for exclusion under paragraph (1) or the circumstances indicate that it would be impracticable to expect fair deliberations and resolution from a member, a party to the relevant agenda item may file a request for a challenge to such member with the Integrated Deliberative Committee and the Integrated Deliberative Committee shall decide whether to grant the request by resolution. In such cases, the member to whom the challenge is requested shall not participate in the resolution. |
| (3) | Where a member of the Integrated Deliberative Committee falls under any ground for disqualification referred to in paragraph (1) or the circumstances indicate that it would be impracticable to expect fair deliberations, he or she shall voluntarily refrain from deliberations and resolutions on the relevant agenda item. |
| Article 21 (Operation of integrated deliberative committee) |
| (1) | The Chairperson of the Integrated Deliberative Committee shall represent the Integrated Deliberative Committee and exercise general supervision over the affairs of the Integrated Deliberative Committee. |
| (2) | If the chairperson is unable to perform his or her duties due to any unavoidable reason, the vice chairperson (limited to cases where the vice chairperson is appointed in accordance with Article 21 (3) of the Act; hereafter in this paragraph the same shall apply) shall act on behalf of the chairperson, and if both the chairperson and the vice chairperson are unable to perform their duties due to any unavoidable reason, the members designated in advance by the chairperson shall act on behalf of the chairperson and the vice chairperson. |
| (3) | Where the Mayor/Do Governor, etc. intend to conduct integrated deliberation under Article 21 (1) of the Act (hereinafter referred to as "integrated deliberation"), he or she shall finalize the agenda items and the members who will attend the deliberation (limited to cases of deliberation operated with the members related to matters subject to modification in the project implementation plan in accordance with the proviso of Article 21 (5) of the Act counted as incumbent members) no later than 7 days before the meeting of the Integrated Deliberative Committee, and notify the members of the date and time, venue, and agenda items for the meeting. |
| (4) | When a meeting of the Integrated Deliberative Committee is held, at least 1 member referred to in the subparagraphs of Article 21 (3) of the Act (excluding the members not directly related to the agenda items of the integrated deliberation) shall be present. |
| (5) | If deemed necessary with respect to integrated deliberation, or if requested by the Mayor/Do Governors, etc., the Integrated Deliberative Committee may have any party or any other relevant person appear and state his or her opinion or provide an explanation. |
| (6) | Where the Integrated Deliberative Committee conducts integrated deliberation, it shall comprehensively review matters related to authorization of a project implementation plan, opinions and explanations of the parties or other relevant persons, and the opinions, etc. of the relevant agencies in a comprehensive manner. |
| (7) | Where the Integrated Deliberative Committee conducts integrated deliberation, it shall comprehensively review matters related to authorization of a project implementation plan, opinions and explanations of the parties or other relevant persons, and the opinions, etc. of the relevant agencies in a comprehensive manner. |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for operating the Integrated Deliberative Committee shall be determined by the Chairperson through the resolution of the Integrated Deliberative Committee. |
| Article 22 (Calculation of interest for number of delayed days) |
"Interest rate prescribed by Presidential Decree" in the latter part of Article 24 (7) of the Act means the interest rates classified as follows: | 1. | Where the number of delayed days does not exceed 6 months: 5/100; |
| 2. | Where the number of delayed days exceeds 6 months but not exceeds 12 months: 10/100; |
| 3. | Where the number of delayed days exceeds 12 months: 15/100. |
| Article 23 (Authorization of management and disposal plan) |
| (1) | "To modify any minor matters prescribed by Presidential Decree" in the proviso, with the exception of its subparagraphs, of Article 26 (1) of the Act means any of the following cases: |
| 1. | Where a simple correction is made due to a miscalculation, typographical error, omission, etc. (limited to where no one is disadvantaged by such correction); |
| 2. | Where a management and disposal plan is modified following modifications to the authorization of the project implementation plan or the implementation rules; |
| 3. | Where a management and disposal plan is amended according to a court ruling on a claim seeking sale of any asset, right or interest under Article 24 of the Act. |
| (2) | "Matters prescribed by Presidential Decree" in Article 26 (1) 9 of the Act means the following: |
| 1. | A list of land, buildings, and other rights previously owned or held by owner of land, etc., which shall be settled in cash in accordance with Article 24 of the Act; and the method for settlement; |
| 2. | A list of reserved areas, etc. under the former part of Article 30 (4) of the Act and the estimated value and methods for disposal thereof; |
| 3. | The scheduled timing to demolish existing buildings; |
| 4. | Other matters prescribed by City/Do ordinance, such as cadastral maps of previous land or buildings, or forest maps. |
| Article 24 (Procedures for application for sale) |
| (1) | "Matters prescribed by Presidential Decree, including details of the building sites or buildings for sale" in the main clause, with the exception of subparagraphs, of Article 29 (1) of the Act means the following: |
| 1. | Details of authorization of the project implementation plan; |
| 2. | Types and names of complex development projects and the location and area of the urban complex development innovation district; |
| 3. | A list of building sites or buildings for sale; |
| 4. | Eligibility requirements for filing applications for sale; |
| 5. | The place for filing applications for sale and methods therefor; |
| 6. | The period for filing applications for sale; |
| 7. | Methods for reporting rights held by any person other than the owners of land, etc.; |
| 8. | Measures to be taken regarding persons failing to file an application for sale; |
| 9. | Other matters prescribed by City/Do ordinance. |
| (2) | "Matters prescribed by Presidential Decree" in Article 29 (1) 4 of the Act means the following: |
| 1. | Matters referred to in paragraphs (1) 1 through 5 and 8; |
| 2. | An application for sale; |
| 3. | Other matters prescribed by City/Do ordinance. |
| (3) | A person who intends to apply to purchase a building site or building in accordance with Article 29 (3) of the Act shall clearly indicate his or her ownership in the application to purchase a building site or building under paragraph (2) 2; and shall submit the application to the relevant project implementer, accompanied by a certificate of registered matters of the land and building owned by him or her. In such cases, if a person intends to file an application for sale by mail, such application shall be sent by registered mail certifying that the application is dispatched during the period set for filing applications for sale under paragraph (1) 6. |
| Article 25 (Disposal under management and disposal plans) |
| (1) | Where a project implementer under Article 14 (1) 6 of the Act implements a complex development project in the manner prescribed in Article 13 (2) of the Act, he or she may separately determine the methods and procedures for housing supply within the scope prescribed in Appendix 1, after obtaining approval from the head of the relevant Si/Gun, in accordance with Article 30 (3) of the Act. |
| (2) | Article 54 of the Housing Act shall apply mutatis mutandis to the public announcement of sale, procedures for filing applications for sale, and other necessary matters where a project implementer sells remaining units to persons other than owners of land, etc. in accordance with Article 30 (4) of the Act. In such cases, "project entity" shall be construed as "project implementer". |
| Article 26 (Authorization for completion) |
When the head of a Si/Gun, etc. makes a public notice on the completion of construction works for a complex development project in accordance with Article 32 (3) and (4) of the Act, such public notice shall include the following matters: | 1. | Type and name of the complex development project; |
| 2. | Type and name of the complex development project zone; |
| 3. | Name and address of a project implementer (in cases of a corporation, referring to its title and address and the name of its representative); |
| 4. | Details of authorization for completion. |
CHAPTER IV SIMPLIFICATION OF PROCEDURES AND SUPPORT FOR COMPLEX DEVELOPMENT PROJECTS
| Article 27 (Special cases regarding complex development plan) |
| (1) | The Mayor/Do Governor, etc. may apply the relaxed standards prescribed in each subparagraph to the matters referred to in the following subparagraphs in accordance with Article 37 (2) of the Act: |
| 1. | Restriction on the construction of buildings in special-purpose areas and special-purpose districts under Article 76 of the National Land Planning and Utilization Act: Restrictions on the use, type, scale, etc. of buildings prescribed in Article 71 (1) 1 through 13 of the Enforcement Decree of that Act may not apply to multi-family housing in urban areas (excluding green areas) under Article 36 (1) 1 of that Act; |
| 3. | Restriction on floor area ratio under Article 78 of the National Land Planning and Utilization Act: The floor area ratio may be relaxed to the maximum limits on floor area ratio under each subparagraph of Article 85 (1) of the Enforcement Decree of that Act; provided, the floor area ratio for residential areas may be relaxed up to 120/100 of the maximum limits on floor area ratio prescribed in Article 85 (1) 1 through 5 of that Decree, and the floor area ratio for quasi-residential areas may be relaxed up to 140/100 of the maximum limits on floor area ratio under subparagraph 6 of that paragraph; |
| a. | In any of the following cases: The obligation to secure urban parks or green areas shall be exempted; |
1) Where the area of the urban complex development innovation district is less than 50,000 square meters;
| b. | Where the area of the urban complex development innovation district is at least 50,000 square meters and housing with households exceeding the number of households under subparagraph 2 of Article 12 of the Enforcement Decree of the Act on Urban Parks and Green Areas is constructed: An urban park or a green area shall be secured, the area of whichever is larger, among the following areas: |
1) The area calculated by multiplying the total number of households by 2 square meters;
2) The area corresponding to 5/100 of the area of the urban complex development innovation district.
| (2) | Detailed standards regarding the application of special cases regarding construction standards, etc. under each subparagraph of paragraph (1) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 28 (Supply of housing of national standard housing size) |
| (1) | "Ratio prescribed by Presidential Decree" in Article 38 (2) of the Act means the ratio classified as follows: |
| 1. | Growth hub type complex development projects: Ratio determined by City/Do ordinance within the range of not more than 50/100; |
| 2. | Residential-centered type complex development project: Ratio determined by City/Do ordinance within the range of at least 30/100 and of not more than 50/100. |
| (2) | A project implementer shall select housing units of the national standard housing size under subparagraph 6 of Article 2 of the Housing Act (hereinafter referred to as "housing units of national standard housing size"; limited to cases where housing units are constructed and supplied through the implementation of a complex development project) constructed in accordance with Article 38 (1) 3 of the Act by public lottery, among housing units of the national standard housing size to be supplied to the Minister of Land, Infrastructure and Transport, the head of the competent local government, the Korea Land and Housing Corporation, or a local corporation established in accordance with the Local Public Enterprises Act to perform housing projects (hereinafter referred to as "acquirer") in accordance with Article 38 (2) of the Act, and shall notify the relevant acquirer of the selection result without delay. |
| (3) | Where a project implementer supplies housing units of the national standard housing size selected in accordance with paragraph (2), a Mayor/Do Governor shall be given priority in acquiring such housing units, followed by the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply); provided, if the Mayor/Do Governor or the head of a Si/Gun/Gu is unable to acquire such housing units, the Mayor/Do Governor shall request the Minister of Land, Infrastructure and Transport to designate an acquirer. |
| (4) | Upon receipt of a request from a Mayor/Do Governor to designate an acquirer in accordance with the proviso of paragraph (3), the Minister of Land, Infrastructure and Transport shall designate an acquirer within 30 days and notify the relevant Mayor/Do Governor of the designated acquirer and the Mayor/Do Governor shall forward the notice without delay to the head of the relevant Si/Gun/Gu to discuss the supply of housing units of the national standard housing size with the acquirer. |
| (5) | An acquirer shall supply or sell the housing units of the national standard housing size supplied in accordance with Article 38 (2) of the Act as housing units falling under any of the following subparagraphs in accordance with paragraph (3) of that Article; in such cases, the area sold as housing units under subparagraphs 2 through 4 shall correspond to the ratio prescribed by the City/Do ordinance within the range of at least 60/100 of the total area of housing units of the national standard housing size supplied to the acquirer: |
| (6) | “Price prescribed by Presidential Decree” in Article 38 (4) of the Act means the price corresponding to 50/100 of the appraised value of the appurtenant land appraised by an appraisal corporation, etc. |
| Article 29 (Reduction of, or exemption from, charges on project implementers) |
| Article 30 (Support organization for complex development project) |
| (2) | The support organization for complex development project designated in accordance with Article 40 (1) of the Act may have expert members, if necessary to inspect and research specialized matters regarding the business affairs under paragraph (2) of that Article. |
| Article 31 (Measures for relocation) |
| (1) | Where a project implementer compensates an owner of a residential building meeting all the following requirements in accordance with Article 43 (1) of the Act, he or she shall reimburse relocation expenses for 2 months considering the number of household members, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, this shall not apply where the relevant building has not obtained building permission under Article 11 of the Building Act or has not filed a building report under Article 14 of that Act: |
| 1. | That the owner of a residential building was relocated from his or her residential building due to the implementation of a complex development project; |
| 2. | That the owner of a residential building shall prove residence for at least 2 months in a residential building located in an urban complex development innovation district as of the date of designation and public notice under Article 9 of the Act, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a project implementer compensates a tenant of a residential building meeting all the requirements referred to in paragraph (1) in accordance with Article 43 (1) of the Act, he or she shall reimburse relocation expenses for 4 months considering the number of household members, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where compensation is provided for business losses due to the closure or suspension of business resulting from the implementation of a complex development project in accordance with Article 43 (1) of the Act, business profits and transfer expenses for facilities, etc. shall be taken into consideration. |
| (4) | In assessing business losses under paragraph (3), the period of business suspension shall not exceed 4 months; provided, such losses shall be assessed for the period business operations are actually suspended in either of the following cases, but the period of business suspension shall not exceed 2 years in such cases: |
| 1. | Where it is impossible to continue business operations for at least 4 months due to prohibition or restriction on business operations for the relevant complex development project; |
| 2. | Where it is objectively impracticable to relocate business facilities within 4 months due to distinct characteristics of the relevant business as the scale of business facilities is substantial or relocation requires precision. |
| Article 32 (Disclosure of relevant documents) |
"Matters prescribed by Presidential Decree" in Article 44 (2) 4 of the Act means the following: | 1. | The results of resolution at the plenary meetings of owners of land, etc.; |
| 3. | The report on settlement of accounts; |
| 4. | Matters regarding public announcement for sale and application for sale under Article 29 of the Act; |
| 5. | Matters regarding annual fund management plans; |
| 6. | Matters regarding amendments of detailed contracts entered into with service providers, including designers and contractors; |
| 7. | Matters regarding changes of complex development project costs; |
| 8. | Other matters prescribed by City/Do ordinance. |
| Article 33 (Public contributors) |
| (1) | The scope of investment by a public institution investing in a complex development project in accordance with Article 46 (1) of the Act (hereinafter referred to as "public contributors") shall be within the sum of the acquisition prices of housing units of the national standard housing size supplied to acquirers in accordance with Article 38 (2) of the Act. |
| (2) | A public contributor and a project implementer shall conclude an agreement including the following matters before the authorization of the project implementation plan, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport: |
| 1. | Matters regarding the scope and allocation of business affairs between the project implementer and the public contributor; |
| 2. | Matters regarding the amount of investment, timing of investment, and settlement by the public contributor; |
| 3. | Matters regarding the scope and timing of acquisition by public contributors. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the investment, etc. by public contributors shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 34 (Re-examination of regulation) |
The Minister of Land, Infrastructure and Transport shall review the appropriateness of the following matters every 5 years from the base dates classified as follows (referring to the period that ends on the day before every fifth anniversary from the relevant base date), and shall take measures, such as making improvements:
| 1. | Requirements for an urban complex development innovation district under Article 2: January 1, 2025; |
| 2. | Determination of a prospective project implementer under Article 4: January 1, 2025; |
| 3. | Requirements for a prospective project implementer under Article 12: January 1, 2025; |
| 4. | Requirements for recognition as an owner of land, etc. under Article 13: January 1, 2025; |
| 5. | Scale of housing supply of national standard housing size under Article 28: January 1, 2025. |
CHAPTER V PENALTY PROVISIONS
| Article 35 (Administrative fines) |
The criteria for imposing administrative fines under Article 50 (1) and (2) of the Act shall be specified in Appendix 2.
ADDENDUM <Presidential Decree No. 35244, Feb. 6, 2025>
This Decree shall enter into force on February 7, 2025.