CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the relocation of public institutions, contribute to balanced regional development, and strengthen national competitiveness by prescribing matters necessary for the creation of innovation cities to accommodate public institutions, etc. relocating from the Seoul Metropolitan Area to an area other than the Seoul Metropolitan Area in accordance with policies, etc. for the relocation of public institutions to provincial areas and revitalization of innovation cities under Article 25 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development, matters necessary for supporting the relevant public institutions and their employees, and matters necessary for fostering and developing innovation cities as a hub for regional development. <Amended on Dec. 26, 2017; Mar. 20, 2018; Jun. 9, 2023>
The terms used in this Act are defined as follows: <Amended on Apr. 22, 2009; Jan. 17, 2012; Jan. 7, 2014; Jun. 9, 2020; Jun. 9, 2023>
| 1. | The term "public institution" means an institution under subparagraph 14 of Article 2 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development; |
| 2. | The term "public institution subject to relocation" means an institution prescribed by Presidential Decree (including public institutions relocated individually in accordance with the proviso of Article 29(1)) relocated from the Seoul Metropolitan area to an area other than the Seoul Metropolitan area; |
| 3. | The term "innovation city" means a future-type city developed in accordance with this Act in order to have an innovative condition in which enterprises, universities, research institutes, public institutions, etc. can closely cooperate with each other by accommodating public institutions subject to relocation and a high quality living environment, including housing, education, and culture; |
| 4. | The term "prearranged development areas for innovation cities" means an area designated and publicly notified in accordance with Article 7 for the purpose of implementation of an innovation city development project; |
| 5. | The term "innovation city development project" means a project conducted to create an innovation city; |
| 6. | The term "former real estate" means buildings, such as office buildings of public institutions subject to relocation in the Seoul Metropolitan area, and the sites thereof; |
| 7. | The term "infrastructure" means infrastructure under subparagraph 6 of Article 2 of the National Land Planning and Utilization Act; |
| 8. | The term "public facility" means a public facility under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act; |
| 9. | The term "Seoul Metropolitan Area" means an area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act. |
| Article 3 (Relationship to other statutes) |
Special cases regarding regulations applicable to prearranged development areas for innovation cities and innovation city development projects under this Act shall prevail over other statutes; provided, where any other statute provides for more lenient provisions than the special cases on regulation under this Act, such provisions of any other Act shall apply. <Amended on Jun. 9, 2020>
CHAPTER II FORMULATION OF PLANS FOR RELOCATION OF PUBLIC INSTITUTIONS SUBJECT TO RELOCATION TO PROVINCIAL AREAS
| Article 4 (Formulation of plans for relocation of public institutions subject to relocation to provincial areas) |
| (1) | The head of a public institution subject to relocation shall formulate a plan for relocation to provincial areas including the following matters: <Amended on Jun. 9, 2020> |
| 1. | Matters regarding the scale and scope of relocation; |
| 2. | Matters regarding timing for relocation; |
| 3. | Matters regarding measures for funding relocation expenses; |
| 4. | Other matters prescribed by Presidential Decree. |
| (2) | A plan for relocation to provincial areas under paragraph (1) shall be formulated with a purpose of relocating the head office, principal office, or organization for performing such functions of public institutions subject to relocation in the Seoul Metropolitan Area to provincial areas. |
| (3) | When the head of a public institution subject to relocation formulates a plan for relocation to provincial areas in accordance with paragraph (1), he or she shall submit the plan to the head of the competent administrative agency. The same shall also apply to any modification to such plan. |
| (4) | The head of the competent administrative agency shall review and coordinate a plan for relocation to provincial areas submitted in accordance with paragraph (3) and submit it to the Minister of Land, Infrastructure and Transport, and the Minister of Land, Infrastructure and Transport shall approve such plan after deliberation by the Presidential Committee for Decentralization and Balanced Development under Article 62 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development; provided, where he or she intends to modify minor matters prescribed by Presidential Decree, he or she shall not submit it to the Presidential Committee for Decentralization and Balanced Development for deliberation. <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Mar. 20, 2018; Jun. 9, 2020; Jun. 9, 2023> |
| Article 5 (Formulation of relocation support plan for local governments) |
| (1) | The Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor in the area where a public institution subject to relocation is relocated (hereinafter referred to as "Mayor/Do Governor") shall hear the opinions of the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) in the area where a public institution subject to relocation is relocated, and shall formulate a relocation support plan including matters to be supported for the relevant public institution subject to relocation and its employees. |
| (2) | Detailed matters, such as standards for the formulation of relocation support plans under paragraph (1), shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Where a Mayor/Do Governor formulates a relocation support plan in accordance with paragraph (1), he or she shall notify the Minister of Land, Infrastructure and Transport thereof. The same shall also apply where he or she modifies the plan. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 5-2 (Formulation and implementation of comprehensive development plans for innovation cities) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate and implement a comprehensive development plan for innovation cities (hereinafter referred to as "comprehensive development plan") every 5 years based on the development plan for each innovation city under paragraph (3) in order to promote the development of innovation cities. <Amended on Dec. 26, 2017> |
| (2) | A comprehensive development plan shall include the following: <Amended on Jan. 17, 2017; Dec. 26, 2017; Jun. 9, 2023> |
| 1. | Strategies for fostering and developing innovation cities as a hub for balanced regional development; |
| 2. | Matters regarding the creation of a residential environment for innovation cities, such as culture, education, welfare, health, and medical services; |
| 3. | Matters regarding the revitalization of the local economy, such as establishing industry-academia-research clusters within the innovation city and fostering local industries in connection with public institutions subject to relocation; |
| 4. | Matters regarding training of regional human resources; |
| 5. | Matters regarding building smart cities in innovation cities; |
| 6. | Matters regarding mutual development with neighboring areas, such as old downtown areas; |
| 7. | Matters regarding the allocation of roles of relevant central administrative agencies, local governments, public institutions, etc. for the development of innovation cities; |
| 8. | Matters regarding connection between projects, financing, and management of projects; |
| 9. | Other matters, prescribed by Presidential Decree, necessary for developing innovation cities. |
| (3) | In order to promote the development of innovation cities, a Mayor/Do Governor shall formulate a development plan for each innovation city every 5 years after hearing the opinions of the heads of Sis/Guns/Gus, public institutions subject to relocation, etc. in his or her jurisdiction, after deliberation by an innovation city development committee under Article 31, and submit it to the Minister of Land, Infrastructure and Transport. In such cases, the development plan for each innovation city shall include the following matters: <Amended on Dec. 26, 2017> |
| 1. | Strategies for fostering and developing innovation cities as a hub for regional development; |
| 2. | Matters under paragraph (2)2 through 5 regarding jurisdiction; |
| 3. | Matters regarding business management, such as required expenses and financing methods; |
| (4) | When a Mayor/Do Governor intends to modify a development plan for each innovation city, he or she shall submit it to the Minister of Land, Infrastructure and Transport after deliberation by the Innovation City Development Committee under Article 31. <Added on Dec. 26, 2017> |
| (4) | When a Mayor/Do Governor intends to modify a development plan for each innovation city, he or she shall submit it to the Minister of Land, Infrastructure and Transport after deliberation by an innovation city development committee under Article 31. <Added on Dec. 26, 2017> |
| (5) | Where the Minister of Land, Infrastructure and Transport intends to formulate or modify a comprehensive development plan, he or she shall consult with the heads of relevant central administrative agencies and undergo deliberation by the Presidential Committee for Decentralization and Balanced Development under Article 62 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development; provided, where he or she intends to modify minor matters prescribed by Presidential Decree, he or she shall not undergo deliberation by Presidential Committee for Decentralization and Balanced Development. <Added on Dec. 26, 2017; Mar. 20, 2018; Jun. 9, 2023> |
| (6) | When a comprehensive development plan is finalized, the Minister of Land, Infrastructure and Transport shall notify the heads of relevant central administrative agencies and Mayors/Do Governors thereof. <Added on Dec. 26, 2017> |
| (7) | The Minister of Land, Infrastructure and Transport may present guidelines for matters necessary for formulating development plans for each innovation city. <Amended on Jan. 17, 2017; Dec. 26, 2017> |
| (8) | The Minister of Land, Infrastructure and Transport may evaluate the outcomes of implementing a comprehensive development plan in order to utilize it as a basis for administrative and financial support for each innovation city, and may provide different administrative and financial support for each innovation city in accordance with the results of evaluation. <Amended on Jan. 17, 2017; Dec. 26, 2017> |
| (9) | A comprehensive development plan shall be connected with a comprehensive plan for local era under Article 6 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development. <Added on Dec. 26, 2017; Mar. 20, 2018; Jun. 9, 2023> |
[This Article Added on May 28, 2014]
[Title Amended on Dec. 26, 2017]
| Article 5-3 (Approval for occupancy) |
| (1) | Any person who intend to take occupancy in an industry-academia-research cluster shall obtain approval for occupancy from the Mayor/Do Governor in accordance with the standards for approval for occupancy prescribed by Presidential Decree in consideration of the conformity of the purpose of occupancy, etc. The same shall also apply to any modification to approved matters. |
| (2) | Other necessary matters, such as methods, procedures for approval for occupancy, shall be prescribed by Presidential Decree. |
[This Article Added on Dec. 29, 2015]
| Article 5-4 (Restrictions on transfer of sites) |
| (1) | Where an institution that takes occupancy in an industry-academia-research cluster (hereafter in this Chapter referred to as "occupant institution") intends to transfer a site, facility, or building (hereinafter referred to as "building, etc.") of an industry-academia-research cluster, it shall file a report with the Mayor/Do Governor, along with the documents prescribed by Presidential Decree, such as a report of transfer. |
| (2) | A person who intends to acquire, lease, rent for use, or sublease a building, etc. of an industry-academia-research cluster, or to acquire the leasehold of buildings, etc. on a deposit basis shall obtain prior approval for occupancy under Article 5-3. |
| (3) | The transfer price of a building, etc. under paragraph (1) shall not exceed the amount classified as follows; provided, this shall not apply where a building, etc. is transferred after the expiration of a period prescribed by Presidential Decree, which shall not exceed 10 years from the date of approval for use (excluding approval for use of a temporary building) under Article 22 of the Building Act: <Amended on Apr. 7, 2020; Feb. 20, 2024> |
| 1. | The transfer price of the site: The aggregate of the following amounts: |
| a. | The acquisition price of a site; |
| b. | The amount calculated by multiplying the acquisition price of a site by the producer price inflation rate (referring to the rate calculated in accordance with the producer price index surveyed and announced by the Bank of Korea in accordance with Article 86 of the Bank of Korea Act) during the period from the date of acquisition to the date of transfer of the site; |
| c. | Expenses prescribed by Presidential Decree, such as acquisition tax for purchasing sites; |
| 2. | The transfer price of facilities or buildings: The amount appraised by an appraiser or appraisal corporation under the Act on Appraisal and Certified Appraisers. |
| (4) | Matters necessary for the calculation of the transfer price, such as the acquisition price and the date of acquisition under paragraph (3), shall be prescribed by Presidential Decree. |
[This Article Added on Dec. 29, 2015]
| Article 5-5 (Acquisition of buildings through auction) |
Any person who has acquired a building, etc. of an industry-academia-research cluster from an institution taking occupancy through an auction or other statutes shall obtain approval for occupancy under Article 5-3 within 6 months from the date of acquisition.
[This Article Added on Dec. 29, 2015]
| Article 5-6 (Revocation of approval for occupancy) |
| (1) | Where an occupant institution falls under any of the following subparagraphs, a Mayor/Do Governor may order such institution to take a corrective measure within 6 months, and where it fails to comply with such order, he or she may revoke approval for occupancy: |
| 1. | Where he or she fails to commence the installation of facilities or construction works of buildings within 1 year after obtaining approval for occupancy, without good cause; |
| 2. | Where it is deemed practically impossible to install facilities or construct buildings; |
| 3. | Where he or she fails to commence the relevant project within 6 months after the completion of construction of facilities or buildings or fails to implement the relevant project for at least 6 months, without good cause; |
| 4. | Where he or she fails to obtain approval for modification of matters approved for occupancy, in violation of Article 5-3. |
| (2) | An institution whose approval for occupancy is revoked in accordance with paragraph (1) shall immediately suspend the performance of its business affairs, except for the following: |
| 1. | Business affairs regarding transfer of buildings, etc. following revocation of approval for occupancy; |
| 2. | Business affairs and affairs incidental thereto which can be completed within 6 months, that cannot be performed in any other area, among the business affairs in progress. |
[This Article Added on Dec. 29, 2015]
| Article 5-7 (Orders to transfer buildings) |
| (1) | The Mayor/Do Governor may order a person who fails to obtain approval for occupancy under Article 5-3 (including cases where he or she is required to obtain approval for occupancy in accordance with Articles 5-4(2) and 5-5) or an occupant institution whose approval for occupancy is revoked in accordance with Article 5-6(1) to transfer buildings, etc. owned by the occupant institution to a third party for a specified period of at least 6 months. The same shall also apply where the occupant institution closes its business. |
| (2) | Where a building, etc. is transferred in accordance with paragraph (1), Article 5-4(3) and (4) shall apply mutatis mutandis to the calculation of the transfer price. |
[This Article Added on Dec. 29, 2015]
| Article 5-8 (Restrictions on building permission) |
The head of the competent local government shall not grant any of the following persons permission to install facilities, permission to construct buildings, etc., or permission to conduct business under relevant statutes or regulations in industry-academia-research clusters:
| 1. | A person who fails to obtain approval for occupancy under Article 5-3 (including cases where approval for occupancy is required in accordance with Articles 5-4(2) and 5-5) or a person who fails to obtain approval for modification of matters approved for occupancy; |
| 2. | An occupant institution whose approval for occupancy is revoked in accordance with Article 5-6(1). |
[This Article Added on Dec. 29, 2015]
CHAPTER III DESIGNATION, DEVELOPMENT, AND SUPPORT FOR INNOVATION CITIES
| Article 6 (Designation of prearranged development areas for innovation cities) |
| (1) | Prearranged development areas for innovation cities shall be designated by the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The persons falling under the subparagraphs of Article 10(1) may propose the designation of prearranged development areas for innovation cities to the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Procedures for proposing the designation of prearranged development areas for innovation cities under paragraph (2), required documents, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 7 (Procedures for designation of prearranged development areas for innovation cities) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to designate a prearranged development areas for innovation cities in accordance with Article 6, he or she may designate such area after hearing the opinions of the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu, consulting with the heads of relevant central administrative agencies, and undergoing deliberation by the City Development Committee under Article 39 of the Special Act on the Development of Enterprise Cities (hereinafter referred to as the "City Development Committee"). The same shall also apply where he or she intends to modify (excluding any modification of minor matters prescribed by Presidential Decree) the designated prearranged development areas for innovation cities. <Amended on Feb. 29, 2008; May 30, 2011; Mar. 23, 2013> |
| (2) | When the Minister of Land, Infrastructure and Transport intends to designate or modify a prearranged development areas for innovation cities in accordance with paragraph (1), he or she shall hear opinions of residents, relevant experts, etc., as prescribed by Presidential Decree; provided, this shall not apply to any modification to minor matters prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (3) | When the Minister of Land, Infrastructure and Transport intends to designate or modify a prearranged development areas for innovation cities in accordance with paragraph (1), he or she shall publicly notify the following matters in the Official Gazette and send copies of the relevant documents to the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu. In such cases, upon receipt of the copies of the relevant documents, the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall make them available to residents for inspection: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Title, purpose, and operator of an innovation city development project; |
| 2. | Location and size of a prearranged development areas for innovation cities; |
| 3. | Categories of the land to be expropriated or used; |
| 4. | Topographical maps under Article 8(2) of the Framework Act on the Regulation of Land Use. |
| (4) | An area designated and publicly notified as a prearranged development areas for innovation cities shall be deemed designated and publicly notified as an urban area under Article 6 of the National Land Planning and Utilization Act and a district-unit planning zone under Article 51(1) of the same Act, and a topographical map under Article 32 of the National Land Planning and Utilization Act shall be deemed publicly notified when a prearranged development areas for innovation cities is designated and publicly notified. <Amended on Apr. 14, 2011> |
| Article 8 (Revocation of designation of prearranged development areas for innovation cities) |
| (1) | Where a prearranged development areas for innovation cities designated in accordance with Article 7(1) falls under any of the following circumstances, the Minister of Land, Infrastructure and Transport may revoke the designation thereof after the deliberation by the City Development Committee: <Amended on Feb. 29, 2008; May 30, 2011; Mar. 23, 2013> |
| 1. | When the operator of an innovation city development project under Article 10(1) fails to file an application for approval for the innovation city development plan under Article 11 within 2 years from the date the prearranged development areas for innovation cities is designated in accordance with Article 7(1); |
| 2. | When the operator of an innovation city development project under Article 10(1) fails to file an application for approval for the implementation plan for the innovation city development project under Article 12 within 3 years from the date the innovation city development plan is approved in accordance with Article 11. |
| (2) | When the Minister of Land, Infrastructure and Transport revokes the designation of a prearranged development areas for innovation cities in accordance with paragraph (1), he or she shall publicly notify the details thereof in the Official Gazette, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (3) | Where the designation of a prearranged development areas for innovation cities is revoked in accordance with paragraph (1), the designation of an urban area under Article 7(4) and a district-unit planning zone under Article 51(1) of the National Land Planning and Utilization Act shall be deemed revoked. <Amended on Apr. 14, 2011> |
| Article 9 (Restrictions on activities) |
| (1) | Any person who intends to engage in any activity prescribed by Presidential Decree within a prearranged development areas for innovation cities, such as construction of a building, installation of a structure, change of the form or quality of land, collection of rocks and soil, division of land, and storage of goods, shall obtain permission of the relevant Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu. The same shall also apply to any modification to the permitted matters. <Amended on Jun. 9, 2020> |
| (2) | Notwithstanding paragraph (1), any of the following acts may be engaged in without permission: <Amended on Jun. 9, 2020> |
| 1. | An act for emergency measures necessary for disaster relief or management; |
| 2. | Other acts prescribed by Presidential Decree. |
| (3) | As for an act requiring permission in accordance with paragraph (1), a person who has commenced construction works or project for any act for which permission has been already granted or for which permission is not required in accordance with relevant statutes or regulations at the time a prearranged development areas for innovation cities was designated and publicly notified may continue the construction works or project after reporting the act to the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (4) | The head of the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu may order any person who violates paragraph (1) to reinstate the relevant area. In such cases, when the person so ordered fails to perform such obligation, the head of the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu may perform the obligation on behalf of the person in accordance with the Administrative Vicarious Execution Act. |
| (5) | Except as provided for in this Act, Articles 57 through 60, and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to permission under paragraph (1). <Amended on Jun. 9, 2020> |
| (6) | Permission granted in accordance with paragraph (1) shall be deemed permission granted in accordance with Article 56 of the National Land Planning and Utilization Act. |
| Article 10 (Designation of project operators) |
| (1) | The Minister of Land, Infrastructure and Transport shall designate the operator of an innovation city development project from among the following persons: <Amended on Feb. 29, 2008; May 30, 2011; Mar. 23, 2013> |
| 1. | State agencies and local governments; |
| 2. | Public enterprise prescribed by Presidential Decree (hereinafter referred to as "public enterprise") from among the public institutions under Article 5 of the Act on the Management of Public Institutions; |
| 3. | Local public enterprises under the Local Public Enterprises Act. |
| (2) | Where it is necessary for the efficient implementation of an innovation city development project, the operator of the innovation city development project under paragraph (1) (hereinafter referred to as "project operator") may require a registered project operator under Article 4 of the Housing Act or a registered project operator under Article 9 of the Framework Act on the Construction Industry to implement part of the innovation city development project, such as site preparation works, on his or her behalf, as prescribed by Presidential Decree. <Amended on Jan. 19, 2016; Jun. 9, 2020> |
| (3) | The Minister of Land, Infrastructure and Transport may preferentially designate a person who has proposed the designation of an innovation city development project in a prearranged development areas for innovation cities designated in accordance with a proposal under Article 6(2) as a project operator. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 11 (Approval of development plans) |
| (1) | Where a project operator intends to implement an innovation city development project, he or she shall prepare an innovation city development plan (hereinafter referred to as "development plan") and obtain approval from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. The same shall also apply where he or she intends to modify the approved development plan (excluding modification of minor matters prescribed by Presidential Decree). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (2) | Where a project operator prepares a development plan under paragraph (1), he or she shall give consideration to local small and medium-sized enterprises to actively participate in the development project. |
| (3) | A development plan shall include the following matters: <Amended on Jun. 9, 2020> |
| 1. | Title of a development plan and location and size of a prearranged development areas for innovation cities; |
| 2. | Name and address of a project operator and name of its representative; |
| 3. | Period for implementing an innovation city development project; |
| 4. | Plans for population accommodation, land use, traffic management, and environmental conservation; |
| 5. | Financing plans and annual investment plans; |
| 6. | Plans for installing facilities for education, culture, sports, health, medical services and welfare, and family-friendly facilities; |
| 7. | Where infrastructure is to be installed in an area outside of a prearranged development areas for innovation cities, plans for bearing expenses necessary for installing such facilities; |
| 8. | Plans for installing major infrastructure such as roads, waterworks, and sewerage systems (including a cost-sharing plan); |
| 9. | Other matters prescribed by Presidential Decree. |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to approve a development plan, he or she shall hear the opinions of the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree, and undergo consultation with the heads of the relevant central administrative agencies and deliberation by the City Development Committee. <Amended on Feb. 29, 2008; May 30, 2011; Mar. 23, 2013> |
| (5) | When the Minister of Land, Infrastructure and Transport approves a development plan in accordance with paragraph (1), he or she shall publicly notify it in the Official Gazette, as prescribed by Presidential Decree, and shall forward the details thereof to the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu to make them available for perusal by residents. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (6) | When a development plan is approved and publicly notified in accordance with paragraph (5), the formulation or modification of an urban or Gun master plan under Articles 18 and 22 of the National Land Planning and Utilization Act and approval thereof by the Minister of Land, Infrastructure and Transport shall be deemed granted. <Amended on Feb. 29, 2008; Apr. 14, 2011; Mar. 23, 2013> |
| Article 12 (Approval of implementation plans) |
| (1) | A project operator shall prepare an implementation plan for an innovation city development project accompanied by the documents and drawings under the following (hereinafter referred to as "implementation plan") and obtain approval therefor from the Minister of Land, Infrastructure and Transport. The same shall also apply to any modification of an approved implementation plan (excluding any modification of minor matters prescribed by Presidential Decree): <Amended on Feb. 29, 2008; May 30, 2011; Mar. 23, 2013; Jun. 9, 2020> |
| 1. | A funding plan (including annual plans for investment and procurement of financial resources); |
| 2. | A location map of the project site; |
| 3. | A ground plan and overview drawings; |
| 4. | A phased construction plan (limited to cases where phased implementation of an innovation city development project is necessary due to the conditions of the project); |
| 5. | The agreement concluded with the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu on the implementation, etc. of an innovation city development project; |
| 6. | A plan to dispose of land, buildings, structures, etc. created by an innovation city development project; |
| 7. | Other matters prescribed by Presidential Decree. |
| (2) | Upon receipt of documents and drawings in accordance with paragraph (1), the Minister of Land, Infrastructure and Transport shall confirm the cadastral map of the project site through the administrative information sharing system under Article 36(1) of the Electronic Government Act. <Added on May 30, 2011; Mar. 23, 2013> |
| (3) | The implementation plan shall include a district-unit plan prepared in accordance with Article 52 of the National Land Planning and Utilization Act. <Amended on Apr. 14, 2011; May 30, 2011> |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to approve an implementation plan or any modification thereto in accordance with paragraph (1), he or she shall hear the opinions of the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu and submit them to the City Development Committee for deliberation; provided, where a project operator has already consulted with the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu on the implementation plan, he or she shall be deemed to have heard their opinions. <Amended on Feb. 29, 2008; May 30, 2011; Mar. 23, 2013> |
| (5) | When the Minister of Land, Infrastructure and Transport approves an implementation plan or a modification thereto in accordance with paragraph (1), he or she shall publicly notify it in the Official Gazette, as prescribed by Presidential Decree, and forward copies of the relevant documents to the project operator and the head of the competent Si/Gun/Gu. In such cases, upon receipt of such documents, the head of the Si/Gun/Gu shall make the documents available to residents for their perusal. <Amended on Feb. 29, 2008; May 30, 2011; Mar. 23, 2013; Jun. 9, 2020> |
| Article 13 (Entry to other persons' land) |
| (1) | Where it is necessary for designating a prearranged development areas for innovation cities, conducting inspections or surveys for the formulation, etc. of a development plan or implementation plan, or implementing an innovation city development project, a project operator may enter land owned or occupied by another person or temporarily use such land as a materials storage yard or temporary passage, and where it is particularly necessary, he or she may change or eliminate trees, earth, stones, and other obstacles. |
| (2) | Articles 130(2) through (9), 131, 144 (1)2 and 3, and 144 (3) through (6) of the National Land Planning and Utilization Act shall apply mutatis mutandis to cases falling under paragraph (1). In such cases, "operator of an urban or Gun planning facility project" shall be construed as "project operator" under this Act. <Amended on Apr. 14. 2011; Jun. 9, 2020> |
| Article 14 (Legal fiction of relevant authorization and permission) |
| (1) | In approving an implementation plan or a modification thereto pursuant to Article 12(1), if the Minister of Land, Infrastructure and Transport has consulted with the heads of relevant administrative agencies pursuant to paragraph (3) with regard to the permission, authorization, designation, approval, consultation, report, etc. (hereinafter referred to as "authorization, permission, etc.") in each of the following for the implementation plan, the relevant authorization, permission, etc. shall be deemed obtained for such matters, and if the implementation plan is published pursuant to Article 12(5), the authorization, permission, etc. under the Acts in each of the following shall be deemed publicly notified or publicly announced: <Amended on Apr. 11, 2007; Dec. 27, 2007; Feb. 29, 2008; Mar. 21, 2008; Jan. 30, 2009; Jun. 9, 2009; May 31, 2010; Apr. 14, 2011; May 30, 2011; Feb. 22, 2012; Mar. 23, 2013; Jan. 14, 2014; Jun. 3, 2014; Jul. 24, 2015; Jan. 19, 2016; Dec. 27, 2016; Jan. 29, 2020; Jun. 9, 2020; Jul. 20, 2021; Dec. 27, 2022> |
| 1. | Determination of urban or Gun management plans under Article 30 of the National Land Planning and Utilization Act, permission for development acts under Article 56 of that Act, designation of operators of urban or Gun planning facility projects under Article 86 of that Act, and authorization of implementation plans under Article 88 of that Act; |
| 2. | Authorization of implementation plans for urban development projects under Article 17 of the Urban Development Act; |
| 3. | Approval of business plans under Article 15 of the Housing Act; |
| 4. | Approval of housing site development plans under Article 8 of the Housing Site Development Promotion Act and approval of housing site development implementation plans under Article 9 of that Act; |
| 5. | Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, consultation or approval under Article 10 of that Act, approval of, or reporting on, an implementation plan to occupy and use under Article 17 of that Act, reclamation license of public waters under Article 28 of that Act, consultation on, or approval of, reclamation performed by the State, etc., under Article 35 of that Act, approval of an implementation plan for reclamation of public waters under Article 38 of that Act, and approval for change of purpose of reclamation under Article 49 of that Act; |
| 6. | Deleted; <Apr. 15, 2010> |
| 7. | Permission to perform harbor development projects under Article 9(2) of the Harbor Act and approval of a plan to implement harbor development projects under Article 10(2) of that Act; |
| 8. | Designation of logistics complexes under Article 22 of the Act on the Development and Management of Logistics Facilities and approval of logistics complex development implementation plans under Article 28 of that Act; |
| 9. | Permission for use of agricultural infrastructures under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act and approval of a business plan for a rural tourism and resort complex under Article 82(2) of that Act; |
| 10. | Designation of operators of industrial complex development projects under Article 16 of the Industrial Sites and Development Act and approval of an implementation plan for industrial complex development under Articles 17, 17-2, 18, 18-2, and 19 of that Act; |
| 11. | Approval of a business plan under Article 15 of the Tourism Promotion Act, designation of a tourist destination and tourism complex under Article 52 of that Act, approval of a development plan for a tourist destination and tourism complex under Article 54 of that Act, and approval for the execution of a development project under Article 55 of that Act; |
| 12. | Designation of a Jeju investment promotion zone under Article 162 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, and approval for the execution of a development project under Article 147 of that Act; |
| 13. | Permission for use of any State property under Article 30 of the State Property Act; |
| 14. | Permission to use and make profits under Article 20 of the Public Property and Commodity Management Act; |
| 15. | Permission to rebury under Article 27 of the Act on Funeral Services; |
| 16. | Obtaining permission or an agreement on the conversion of farmland under Article 35 of the Farmland Act; |
| 17. | Permission to change, etc. to land shape and quality under Article 21-2 of the Grassland Act and permission for, reporting or consultation on the conversion of grassland under Article 23 of that Act; |
| 18. | Permission to implement road works for a person other than road management authorities under Article 36 of the Road Act, permission to occupy and use roads under Article 61 of that Act, and consultation with or approval from the relevant road management authority under Article 107 of that Act; |
| 19. | Permission for the construction of private roads under Article 4 of the Private Road Act; |
| 20. | Permission for logging, etc. under Article 14 of the Erosion Control Work Act, and cancellation of the designation of a land erosion-control area under Article 20 of that Act; |
| 21. | Permission to divert a mountainous district under Article 14 of the Mountainous Districts Management Act, reporting on the diversion of a mountainous district under Article 15 of that Act, permission for, reporting on the temporary use of a mountainous district under Article 15-2 of that Act, and permission to collect earth or stone under Article 25 of that Act; |
| 22. | Permission for and reporting of cutting, etc. of standing timbers under Article 36(1) and (5) of the Creation and Management of Forest Resources Act and rescission of designation of forest conservation zones under Article 11(1)1 of that Act; provided, this shall not apply to forests for seed collection and experiment under the Creation and Management of Forest Resources Act and conservation zones for forest genetic resources under the Forest Protection Act; |
| 23. | Permission under Article 11 of the Building Act, reporting under Article 14 of that Act, modification of permitted or reported matters under Article 16 of that Act, permission for and reporting on a temporary building under Article 20 of that Act, and consultations on construction under Article 29 of that Act; |
| 24. | Approval for establishment, etc. of factories under Article 13(1) of the Industrial Cluster Development and Factory Establishment Act; |
| 25. | Registration of the opening of a superstore under Article 8 of the Distribution Industry Development Act; |
| 26. | Permission for implementation of construction over small rivers under Article 10 of the Small River Maintenance Act and permission for occupation, use, etc. of small rivers under Article 14 of that Act; |
| 27. | Consultation with or approval from the river management agency under Article 6 of the River Act, permission to implement river works and authorization for a river works execution plan under Article 30 of that Act, and permission for occupation, use, etc. of a river under Article 33 of that Act; |
| 28. | Authorization for general waterworks business and industrial waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act and authorization for the installation of private-use waterworks and private-use industrial waterworks under Articles 52 and 54 of that Act; |
| 29. | Authorization for the installation of a public sewerage system (limited to waste treatment plants) under Article 11 of the Sewerage Act, permission for the execution of public sewerage system construction work under Article 16 of that Act, and permission for the occupation and use of a public sewerage system under Article 24 of that Act; |
| 30. | Reporting on commencement, alteration, or completion of a project under Article 86(1) of the Act on the Establishment and Management of Spatial Data; |
| 31. | Consultation on the appropriateness of integrated energy supply under Article 4 of the Integrated Energy Supply Act; |
| 32. | Approval of business plans under Article 12 of the Installation and Utilization of Sports Facilities Act; |
| 33. | Examination of publication of maps, etc. under Article 15 (4) of the Act on the Establishment and Management of Spatial Data; |
| 34. | Approval for, or reporting on, the installation of a wastes disposal facility under Article 29 of the Wastes Control Act; |
| 35. | Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act; |
| 36. | Deleted; <May 30, 2011> |
| 37. | Permission for aggregate extraction under Article 22 of the Aggregate Extraction Act. |
| (2) | Where a project operator who intends to be deemed granted authorization, permission, etc. under paragraph (1) files an application for approval of an implementation plan or any modification thereto, he or she shall submit relevant documents prescribed by relevant statutes, along with such application. <Amended on Jun. 9, 2020> |
| (3) | In approving an implementation plan or a modification thereto in accordance with Article 12(1), the Minister of Land, Infrastructure and Transport shall consult in advance with the head of a relevant administrative agency if a matter falling under any subparagraph of paragraph (1) is included in the implementation plan. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (4) | Upon receipt of a request for consultation from the Minister of Land, Infrastructure and Transport in accordance with paragraph (3), the head of a relevant administrative agency shall submit his or her opinion within 20 days from his or her receipt of such request for consultation. In such cases, if the head of a relevant administrative agency fails to submit his or her opinion within such period, he or she shall be deemed to have no opinion. <Amended on Feb. 29, 2008; Jan. 17, 2012; Mar. 23, 2013> |
| (5) | Where a project operator intends to be deemed granted authorization, permission, etc. under paragraph (1), when documents, such as a permit for and a report on construction, are required to be submitted as a result of the accompaniment of the construction of buildings, etc., such documents may be substituted by drawings attached to documents related to building permission, etc. under paragraph (1)23. |
| (6) | Where authorization, permission, etc. under other statutes are deemed to have been granted in accordance with paragraph (1), license tax, fees, usage fees, etc. (excluding usage fees or rents for permission to use or lease national property) imposed in return for the authorization, permission, etc. shall be exempted, as prescribed by relevant statutes or municipal ordinances of a Metropolitan City, Do, or Special Self-Governing Province. <Added on Mar. 22, 2013> |
| Article 15 (Expropriation and use of land) |
| (1) | When necessary for the implementation of an innovation city development project within a prearranged development areas for innovation cities, a project operator may expropriate or use (hereinafter referred to as "expropriation, etc.") land, goods, or rights under Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects (hereinafter referred to as "land, etc."). |
| (2) | Where a prearranged development areas for innovation cities under Article 7(1) and (3) is designated and publicly notified, project approval and public notice thereof shall be deemed granted and given under Articles 20(1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects. |
| (3) | Notwithstanding Articles 23(1) and 28(1) of the Act on Acquisition of and Compensation for Land for Public Works Projects, an application for adjudication on the expropriation, etc. of land, etc. under paragraph (1) may be filed within the implementation period of an innovation city development project under Article 11(3)3 of this Act. <Amended on Jun. 9, 2020> |
| (4) | The Land Tribunal having jurisdiction over the adjudication on the expropriation, etc. of land, etc. under paragraph (1) shall be the Central Land Tribunal. |
| (5) | Except as otherwise provided in this Act, the provisions of the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the expropriation, etc. of land, etc. under paragraph (1). |
| Article 16 (Installation of infrastructure) |
| (1) | Article 55 of the Urban Development Act shall apply mutatis mutandis to the installation, etc. of facilities for electric power, communications, gas, and district heating. <Amended on Mar. 21, 2008> |
| (2) | The State or local governments may preferentially support the installation of infrastructure, etc. necessary for innovation cities and public institutions subject to relocation to properly function. |
| (3) | Matters necessary for institutions eligible for support, the scale, method, etc. of support under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 17 (Completion inspection) |
| (1) | When a project operator completes all or part of an innovation city development project, he or she shall, without delay, undergo a completion inspection conducted by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. In such cases, the Minister of Land, Infrastructure and Transport shall consult in advance with the heads of relevant administrative agencies regarding the execution of the completion inspection. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (2) | When a project operator undergoes a completion inspection in accordance with paragraph (1), he or she shall be deemed to have undergone a completion inspection or have obtained authorization of completion, etc. for the relevant project according to the authorization, permission, etc. under any subparagraph of Article 14(1). |
| (3) | A Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of a Gun within the jurisdiction of a Metropolitan City) shall manage the district in which an innovation city development project is completed in accordance with the district-unit plan included in the implementation plan publicly notified in accordance with Article 12(5). <Amended on Apr. 14. 2011; May 30, 2011> |
| Article 18 (Public announcement of completion of works) |
When it is deemed that an innovation city development project has been completed as intended in the implementation plan as a result of an inspection on completion of the construction works under Article 17(1), the Minister of Land, Infrastructure and Transport shall issue to the project operator a certificate of completion inspection and make public announcement of the completion of construction work, and when it has not been completed as intended in the implementation plan, he or she shall, without delay, order the project operator to take necessary measures including supplementary works. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020>
| Article 19 (Supply of developed land) |
| (1) | Where a project operator intends to supply land, buildings, structures, etc. developed by an innovation urban development project (hereinafter referred to as "developed land, etc."), he or she shall obtain approval from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (2) | The uses of developed land, etc. supplied in accordance with paragraph (1), procedures and methods for supply, persons eligible for supply, and other terms and conditions of supply shall be prescribed by Presidential Decree. |
| Article 20 (Advance payment) |
| (1) | A project operator may, in advance, fully or partially receive the relevant price from persons who intend to be supplied with or use developed land, etc. created by an innovation urban development project, as prescribed by Presidential Decree <Amended on Jun. 9, 2020> |
| (2) | A project operator who intends to receive an advance payment in accordance with paragraph (1) shall obtain approval from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| Article 21 (Issuance of land redemption bonds) |
| (1) | A project operator may issue bonds redeemable in land developed under an innovation city development project (hereinafter referred to as "land redemption bond"), as prescribed by Presidential Decree, to pay part of the purchase price of land, etc., if the owner of such land consents thereto. <Amended on Jun. 9, 2020> |
| (2) | Where a project operator who intends to issue land redemption bonds in accordance with paragraph (1), he or she shall prepare a plan to issue land redemption bonds and obtain approval from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (3) | Matters necessary for the procedure, method, terms and conditions, etc. of the issuance of land redemption bonds shall be prescribed by Presidential Decree. |
| Article 22 (Reversion of public facilities) |
| (1) | Where a project operator newly installs a public facility (excluding a parking lot, sports grounds, or facility prescribed by Presidential Decree; hereafter the same shall apply in this Article) or a facility replacing existing public facility through the implementation of an innovation city development project, Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the transfer of jurisdiction thereof. In such cases, "administrative agency" shall be construed as "project operator" under this Act. <Amended on Jun. 9, 2020> |
| (2) | With respect to the registration of public facilities and property under paragraph (1), a written approval of an implementation plan and a certificate of the completion inspection may substitute documents certifying the grounds for registration under the Registration of Real Estate Act. <Amended on Jun. 9, 2020> |
| (3) | When applying the National Land Planning and Utilization Act mutatis mutandis in accordance with paragraph (1), the Minister of Land, Infrastructure and Transport shall be construed as the management authority of the property the management authority of which is unclear, such as roads and ditches, the Minister of Climate, Energy and Environment as the management authority of rivers, and the Minister of Finance and Economy as the management authority of other property. <Amended on Dec. 31, 2020; Oct. 1, 2025> |
[Enforcement Date: Jan. 2, 2026]
| Article 23 (Restrictions on disposal of state or public land) |
| (1) | The land owned by the State or local governments within a prearranged development areas for innovation cities, which is necessary for the innovation city development project, shall not be disposed of for any purpose other than those prescribed by the development plan. |
| (2) | Notwithstanding the State Property Act and the Public Property and Commodity Management Act, any property necessary for innovation city development projects, which is owned by the State or local governments within a prearranged development areas for innovation cities, may be disposed of to project operators under a negotiated contract. In such cases, the Minister of Land, Infrastructure and Transport shall consult in advance with the heads of relevant administrative agencies on the cancellation of the purpose of use of such property (limited to administrative property) or the disposal thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (3) | When a request for consultation is made under the latter part of paragraph (2), the heads of relevant administrative agencies shall take measures necessary for the consultation within 30 days from the date of receipt of such request. |
| (4) | Where the State or a local government sells or leases State property or public property within a prearranged development areas for innovation cities to a project operator, they may relax the conditions, such as allowing payment in long-term installments, in consideration of development conditions, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 24 (Special cases regarding formulation of intercity transport improvement measures) |
| (1) | Notwithstanding Article 7(1) of the Special Act on the Management of Intercity Transport in Metropolitan Areas, a project operator shall formulate measures to improve intercity transport under the same paragraph and submit them to the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (2) | The Minister of Land, Infrastructure and Transport shall hear the opinions of the Mayors/Do Governors on measures to improve intercity transport submitted by a project operator in accordance with paragraph (1), finalize such measures before approval of an implementation plan under Article 12 of this Act is granted after deliberation by the Committee for Intercity Transport in Metropolitan Areas under Article 8 of the Special Act on the Management of Intercity Transport in Metropolitan Areas, and notify the Mayors/Do Governors thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Upon receipt of request for his or her opinion on measures to improve intercity transport from the Minister of Land, Infrastructure and Transport in accordance with paragraph (2), the Mayor/Do Governor shall submit his or her opinion within 30 days, and where he or she fails to submit his or her opinion within the same period, he or she shall be deemed to have no opinion. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 25 (Special cases regarding operation of schools and curricula) |
| (1) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu in an area where an innovation city (excluding a large city with a population of at least 1 million persons) is located may request the superintendent of education of a Metropolitan City, a Do, or a Special and Self-Governing Province (hereinafter referred to as "City/Do") to designate a school which operates a curriculum subject to special cases under Article 61 of the Elementary and Secondary Education Act (hereinafter referred to as "autonomous school") or a high school for specialized education in special fields under that Act (hereinafter referred to as "special purpose high school") in the relevant innovation city for the training of human resources suitable for the characteristics of the relevant innovation city, the improvement of educational conditions, etc. In such cases, upon receipt of request for designation of autonomous schools or special purpose high schools, the superintendent of education of a City/Do may preferentially designate autonomous schools or special purpose high schools in an innovation city. |
| (2) | The head of an autonomous school or the head of a special purpose high school may request the superintendent of education or the head of a district office of education of the relevant City/Do to appoint teaching staff or suspend the transfer of teaching staff under his or her control (only applicable when the person in question consents thereto), who are necessary for the operation of an autonomous school or special purpose high school. |
[This Article Wholly Amended on May 30, 2011]
| Article 26 (Special cases regarding financial support for education) |
| (1) | The Mayor/Do Governor and the head of a Si/Gun/Gu in an area where an innovation city is located may provide schools operated in accordance with Article 61 of the Elementary and Secondary Education Act with funds necessary for purchasing sites, constructing facilities, or operating schools. <Amended on Mar. 22, 2013; Dec. 26, 2017> |
| (2) | The head of a public institution subject to relocation may subsidize expenses incurred in improving the educational environment, such as the installation and maintenance of school facilities and equipment, for schools under Article 2 of the Elementary and Secondary Education Act in an innovation city. <Added on Dec. 26, 2017> |
| Article 27 (Appointment of foreign teachers) |
Notwithstanding Article 21 of the Elementary and Secondary Education Act, Articles 6 and 32(1) of the Educational Officials Act, and Articles 52 and 54-4(1) and (3) of the Private School Act, a school under Article 2 of the Elementary and Secondary Education Act in an innovation city may appoint foreign teachers necessary for the operation of curricula by determining the terms and conditions of a contract, such as qualifications and period for appointment, salary, working conditions, achievements, and performance, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020>
| Article 28 (Provision of convenience in transfer or entrance to school) |
The superintendent of education or the head of a district office of education shall take necessary measures to ensure that children of employees relocated with a public institution subject to relocation (hereinafter referred to as "relocating employees") do not suffer disadvantages in cases of transfer or entrance to an elementary or secondary school in the area where they have relocated. <Amended on Jun. 9, 2020>
| Article 29 (Relocation of public institutions subject to relocation to provincial areas) |
| (1) | In principle, public institutions subject to relocation shall be relocated to an innovation city; provided, where the characteristics of the region and the characteristics of the public institutions subject to relocation are recognized, the Minister of Land, Infrastructure and Transport may approve individual relocation outside of the innovation city after hearing the opinions of the public institutions subject to relocation and Mayors/Do Governors of the area where the public institutions subject to relocation are relocated, following deliberation by the Presidential Committee for Decentralization and Balanced Development in accordance with Article 62 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development. <Amended on Feb. 29, 2008; Apr. 22, 2009; Jan. 17, 2012; Mar. 23, 2013; Mar. 20, 2018; Jun. 9, 2023> |
| (2) | The head of a public institution that relocates individually to another place outside of an innovation city in accordance with the proviso of paragraph (1) may expropriate or use land, etc., if necessary for the construction of business facilities for individual relocation. <Added on Jan. 17, 2012> |
| (3) | The Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the expropriation or use of land, etc. under paragraph (2). <Added on Jan. 17, 2012> |
| Article 29-2 (Employment of regional human resources for public institutions subject to relocation) |
| (1) | The heads of public institutions subject to relocation and other public institutions equivalent thereto, as prescribed by Presidential Decree (hereinafter referred to as "public institutions, etc. subject to relocation") shall employ persons who have graduated or are scheduled to graduate from local universities or colleges (referring to schools under the subparagraphs of Article 2 of the Higher Education Act located in an area other than the Seoul Metropolitan area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act) or high schools (referring to high schools and high technical schools under subparagraph 3 of Article 2 of the Elementary and Secondary Education Act; hereinafter the same shall apply) located in the area to which the public institution has been relocated or is relocated (hereinafter referred to as "relocation area") in accordance with the employment ratio and standards, etc., as prescribed by Presidential Decree, taking into account the employment scale of the public institution, etc. subject to relocation, the number of students in the relocation area, etc.; provided, persons who have graduated or are scheduled to graduate from schools falling under the subparagraphs of Article 2 of the Higher Education Act in another area after graduating from a high school in the relocation area shall be excluded from the employment obligation in the relocation area. <Amended on Dec. 29, 2015; Oct. 24, 2017; Nov. 26, 2019> |
| (2) | The scope of the relocation area shall be prescribed by Presidential Decree after the Minister of Land, Infrastructure and Transport consults with the Mayor/Do Governor having jurisdiction over the relocation area, in consideration of the scale of employment of the public institutions, etc. subject to relocation, the number of students in the relocation area, etc. <Added on Dec. 29, 2015; Nov. 26, 2019> |
| (3) | The State and local governments may provide administrative and financial support necessary to increase job opportunities for human resources in the relocation region. <Added on Dec. 29, 2015> |
| (4) | The heads of public institutions, etc. subject to relocation shall actively cooperate with the State and local governments in measures taken to facilitate the employment of human resources in the relocation area. <Added on Dec. 29, 2015; Nov. 26, 2019> |
| (5) | The Minister of Land, Infrastructure and Transport shall disclose the results of employment by institution of the public institution, etc. subject to relocation under paragraph (1) each year. <Added on Oct. 24, 2017; Nov. 26, 2019> |
| (6) | The Minister of Land, Infrastructure and Transport may select and reward public institutions, etc. subject to relocation with excellent employment performance under paragraph (1). <Added on Nov. 26, 2019> |
[This Article Added on Mar. 22, 2013]
[Title Amended on Dec. 29, 2015; Nov. 26, 2019]
| Article 29-3 (Contribution to regional development by public institutions subject to relocation) |
| (1) | A public institution subject to relocation shall formulate and implement a plan necessary for regional development each year in consultation with the Mayor/Do Governor and the head of a Si/Gun/Gu having jurisdiction over the area where the relevant institution is relocated. <Amended on Dec. 26, 2017> |
| (2) | The plan under paragraph (1) shall include the following matters: <Added on Dec. 26, 2017> |
| 1. | Matters regarding fostering regional industries, attracting companies, creating jobs, and promoting shared growth; |
| 2. | Matters regarding fostering of regional human resources, including employment of regional human resources and industry-academia joint projects; |
| 3. | Matters regarding regional contribution projects to support residents of innovation cities; |
| 4. | Matters regarding cooperation among local governments, public institutions subject to relocation, enterprises, universities, research institutes, etc.; |
| 5. | Other matters deemed necessary by the head of the public institution subject to relocation for regional development. |
| (3) | A public institution subject to relocation shall notify the Minister of Land, Infrastructure and Transport of its plans and performance records under paragraph (1) each year, as prescribed by Presidential Decree, and the Minister of Land, Infrastructure and Transport shall disclose the notified plans and performance records each year, as prescribed by Presidential Decree. <Added on Dec. 26, 2017; Dec. 8, 2020> |
| (4) | A public institution subject to relocation may pay expenses incurred in formulating and implementing a plan under paragraph (1). <Added on Dec. 26, 2017> |
[This Article Added on Dec. 29, 2015]
| Article 29-4 (Consultative body on employment of regional human resources) |
| (1) | The Mayor/Do Governor having jurisdiction over the area where a public institution subject to relocation is relocated shall establish a consultative body in each City/Do (hereinafter referred to as "consultative body for the employment of regional human resources") in order to facilitate the employment of human resources in the relocation area. |
| (2) | The consultative body for the employment of regional human resources may consult and render advice on the following matters: |
| 1. | Matters regarding training of human resources tailored to demand for the promotion of employment of human resources in relocation areas; |
| 2. | Matters regarding holding job fairs for human resources in relocation areas; |
| 3. | Matters regarding information on employment of human resources in relocation areas; |
| 4. | Other matters deemed necessary by the chairperson to promote the employment of human resources in relocation areas. |
| (3) | The consultative body for the employment of regional human resources shall be comprised of at least 10 but not more than 25 members, including 1 chairperson (referring to 2 chairpersons in cases of a joint innovation city under Article 31(1)). |
| (4) | The Mayor/Do Governor shall serve as the chairperson of the consultative body for the employment of regional human resources, and persons commissioned or appointed by the Mayor/Do Governor from among the relevant public officials of the relevant local government, representatives of public institutions subject to relocation, representatives of educational organizations, such as school consultative bodies, and persons who have professional knowledge or experience in the employment of local human resources shall serve as members of the consultative body for the employment of regional human resources. |
| (5) | Matters necessary for the organization, operation, etc. of the consultative body for the employment of regional human resources shall be prescribed by Presidential Decree. |
[This Article Added on Oct. 24, 2017]
| Article 29-5 (Preferential purchase by public institutions subject to relocation) |
| (1) | Where the goods or services to be purchased are produced in the area where a public institution subject to relocation is relocated, the head of the public institution subject to relocation shall facilitate the preferential purchase of the relevant goods or services. |
| (2) | The head of a public institution subject to relocation under paragraph (1) shall notify the Minister of Land, Infrastructure and Transport of a purchase plan to increase the purchase of goods or services produced in the area where the public institution subject to relocation is relocated and the purchase records of the previous year, and the Minister of Land, Infrastructure and Transport shall disclose such plan each year. <Amended on Dec. 8, 2020> |
| (3) | The scope of areas where the public institution subject to relocation under paragraph (1) is relocated, and matters necessary for the notification and disclosure of purchase plans and purchase records under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Dec. 8, 2020> |
[This Article Added on Oct. 24, 2017]
CHAPTER IV INNOVATION CITY DEVELOPMENT COMMITTEE
| Article 30 (Deliberation on important policies on innovation cities) |
The following matters shall be subject to deliberation by the City Development Committee: <Amended on Mar. 23, 2013; Dec. 26, 2017>
| 1. | Matters regarding the basic policies and systems for innovation cities; |
| 2. | Matters regarding designation, modification, and revocation of designation of prearranged development areas for innovation cities; |
| 3. | Matters regarding the basic concept of and development plans for innovation cities; |
| 4. | Matters regarding the implementation plans for innovation cities; |
| 5. | Matters regarding modifications to specific-use areas of land within prearranged development areas for innovation cities; |
| 6. | Matters regarding government support for attracting institutions, such as schools, research institutions, and enterprises, to an innovation city and for the improvement of cooperation among institutions subject to relocation; |
| 7. | Matters requested by an innovation city development committee for cooperation of the Government; |
| 8. | Other matters related to the innovation city that the Minister of Land, Infrastructure and Transport submits for deliberation. |
[This Article Wholly Amended on May 30, 2011]
| Article 31 (Innovation city development committee) |
| (1) | An innovation city development committee shall be established in each City/Do to efficiently manage innovation cities and to support regional development and the creation of innovation conditions. In such cases, where at least 2 Cities/Dos jointly construct 1 innovation city (hereinafter referred to as "joint innovation city"), an innovation city development committee shall be jointly established. <Amended on Dec. 26, 2017; Jun. 9, 2020> |
| (2) | An innovation city development committee shall deliberate on each of the following matters: <Amended on May 28, 2014; Dec. 26, 2017> |
| 1. | Matters regarding specialization and characterization of functions of innovation cities; |
| 2. | Matters regarding cooperative plans for industry, academia, research institutes, and administrative agencies, etc. in innovation cities; |
| 3. | Matters regarding attracting enterprises, such as knowledge and information industry, in innovation cities; |
| 4. | Matters regarding attracting universities, research institutes, etc. in innovation cities; |
| 5. | Matters requiring government cooperation; |
| 6. | The development plan for each innovation city under Article 5-2(3); |
| 7. | Other matters deemed necessary by the chairperson for development of innovation cities. |
| (3) | An innovation city development committee shall be comprised of not more than 20 members, including 2 chairpersons. Where a City/Do in which a joint innovation city is established jointly establishes the Innovation City Development Committee, it shall be comprised of not more than 30 members, including 3 chairpersons. <Amended on Oct. 24, 2017; Dec. 26, 2017> |
| (4) | The members of an innovation city development committee shall be commissioned or appointed by the Mayor/Do Governor from among the Mayors/Do Governors, the heads of the relevant local governments, experts in urban or Gun planning, etc., the heads of public institutions subject to relocation, and the heads of other occupant institutions, universities, research institutes, and economic organizations. <Amended on Feb. 29, 2008; Apr. 14, 2011; Mar. 23, 2013; Dec. 26, 2017> |
| (5) | The Mayor/Do Governor and a person commissioned by a Mayor/Do Governor from among private members shall serve as the chairperson of the Committee. |
| (6) | Other necessary matters regarding the composition, operation, etc. of an innovation city development committee shall be prescribed by Presidential Decree. <Amended on Dec. 26, 2017> |
[Title Amended on Dec. 26, 2017]
| Article 32 (Establishment of innovation city development unit) |
| (1) | An innovation city development unit (hereinafter referred to as the "development unit") may be established under the Ministry of Land, Infrastructure and Transport in order to efficiently promote the business affairs for relocating public institutions and developing innovation cities and the business affairs for fostering and developing innovation cities as a hub for regional development. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 26, 2017> |
| (2) | Matters necessary for the organization, operation, etc. of a development unit shall be prescribed by Presidential Decree. |
| (3) | Where necessary for a development unit to perform its business affairs smoothly, the Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies, the heads of local governments, the heads of innovation city-related research institutes, project operators, and the heads of public institutions subject to relocation to dispatch public officials, executive officers, or employees under their jurisdiction. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 26, 2017> |
[Title Amended on Dec. 26, 2017]
CHAPTER V SPECIAL ACCOUNTS FOR CONSTRUCTION OF INNOVATIONAL CITY
| Article 33 (Establishment, management, and operation of special accounts for construction of innovation city) |
| (1) | The special accounts for construction of an innovation city (hereinafter referred to as the "Accounts") shall be established to financially support projects for the relocation of public institutions to provincial areas and the construction and development of innovation cities. <Amended on Dec. 26, 2017> |
| (2) | The Accounts shall be managed and operated by the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The expenditure budget of the Accounts may be classified by organization of the central government office. |
| Article 34 (Revenue and expenditure from accounts) |
| (1) | Revenues of the Accounts shall be as follows: |
| 1. | Sales proceeds and use fees of former real estate owned by the State, other proceeds accruing from the relevant real estate, and rental deposit collected from public institutions, which are State administrative agencies; |
| 2. | Money transferred from general accounts and other special accounts; |
| 3. | Money transferred or deposited by public capital management funds in accordance with the Public Capital Management Fund Act or other funds; |
| 4. | Money borrowed under Article 36; |
| 5. | Money transferred from profits under Article 44(4); |
| (2) | Expenditure of the Accounts shall be as follows: <Amended on May 28, 2014; Dec. 26, 2017; Jun. 9, 2020> |
| 1. | Support for relocation expenses, including the costs of building new offices for public institutions subject to relocation; |
| 2. | Costs for constructing innovation cities, including support for the cost of installing infrastructure for the construction of innovation cities; |
| 3. | Repayment of the principal and interest of the deposits under paragraph (1)3; |
| 4. | Repayment of the principal and interest of the borrowings under paragraph (1)4; |
| 5. | Compensation for losses under Article 44(4); |
| 6. | Expenses for investigation and research for the development of innovation cities and institutional development thereof; |
| 7. | Loan of relocation expenses of public institutions subject to relocation and funds necessary for project implementation by project operators under Article 10(1); |
| 8. | Expenses incurred in constructing facilities for research institutes, international organizations, general hospitals, and universities under Article 45-2; |
| 9. | Expenses incurred in establishing knowledge industry centers and providing financial assistance thereto under Article 45-3; |
| 10. | Support for expenses incurred in improving the residential environment of innovation cities; |
| 11. | Support for expenses incurred in attracting companies and industries related to public institutions subject to relocation; |
| 12. | Other expenditures on items prescribed by Presidential Decree related to the relocation of public institutions to provincial areas and the construction and development of innovation cities. |
| Article 35 (Transfer from general accounts and other special accounts) |
To procure finances for expenditure, the Accounts may receive transfers from general accounts, other special accounts, or funds, as prescribed by the budget.
| (1) | If financial resources are insufficient for the expenditures related to the Accounts, long-term borrowings may be made for the Accounts within the amount determined by the resolution of the National Assembly. |
| (2) | Where money for expenditure is temporarily in shortage, the Accounts may make a temporary loan at the cost of the account. |
| (3) | The principal and interest of a temporary loan under paragraph (2) shall be repaid within the same fiscal year. |
| Article 37 (Reserve fund) |
The Accounts may include a reserve fund in the expenditure budget to cover unexpected expenditures not included in the budget or expenditures required to be made in excess of the budget.
| Article 38 (Carryover of expenditure budget) |
Notwithstanding Article 48 of the National Finance Act, any expenditure budget of the Accounts which has not been disbursed within the relevant fiscal year may be carried over for spending during the following fiscal year. <Amended on Jun. 9, 2020>
| Article 39 (Handling surpluses) |
A surplus accruing from the settlement of the revenue and expenditure accounts for each fiscal year shall be transferred to the revenues of the following fiscal year.
| Article 40 (Administrative conversion of property) |
| (1) | Notwithstanding Article 17 of the State Property Act, the administrative conversion or transfer of former real estate belonging to general accounts or other special accounts to the Accounts may be made without compensation. <Amended on Jan. 30, 2009; Jun. 9, 2020> |
| (2) | Notwithstanding Article 17 of the State Property Act, the administrative conversion or transfer of government buildings, sites, etc. created and acquired by the Accounts may be made without compensation to general accounts or special accounts managed and operated by State agencies to use such property. <Amended on Jan. 30, 2009; Jun. 9, 2020> |
[Title Amended on Jan. 30, 2009]
CHAPTER VI UTILIZATION OF FORMER REAL ESTATE
| Article 41 (Restrictions on extension and reconstruction of buildings of former real estate) |
Public institutions subject to relocation shall not construct, extend, or remodel a building or expand the leased area of a building other than ordinary maintenance and repair; provided, where it is inevitable to extend, extend, or remodel a building or expand the leased area of a building, public institutions subject to relocation may extend the building after consultation with the head of the competent administrative agency, and where the head of the competent administrative agency intends to give consent, he or she shall hear opinions of the Minister of Land, Infrastructure and Transport in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013>
| Article 42 (Investigation of current status of former real estate) |
| (1) | Where it is necessary to ascertain the ownership status, size, characteristics, surrounding conditions, possibility of sale or utilization, etc. of former real estate, the Minister of Land, Infrastructure and Transport may conduct an investigation into the current status. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Public institutions subject to relocation shall actively cooperate on an investigation of the current status under paragraph (1), and where submission of data, etc. is requested for the investigation of the current status, they shall cooperate on such request unless there is a compelling reason not to do so. <Amended on Jun. 9, 2020> |
| Article 43 (Formulation of plan for disposal of former real estate) |
| (1) | The head of a public institution subject to relocation shall establish a plan to dispose of former real estate which includes the following matters, in consideration of funding of the relocation expenses under Article 4(1)3, balanced regional development, etc.: <Amended on Jun. 9, 2023> |
| 1. | Timing and methods of sale of former real estate; |
| 2. | Where part or all of former real estate is not sold, a detailed reason therefor and measures to utilize such real estate. |
| (2) | The head of a public institution subject to relocation shall submit a plan for disposal of former real estate formulated pursuant to paragraph (1) to the Minister of Land, Infrastructure and Transport within 3 months from the date of approval of a plan for relocation to a provincial area under Article 4(4) after consultation with the head of the competent administrative agency, and the Minister of Land, Infrastructure and Transport may, if necessary, request the head of a public institution subject to relocation to the revise or supplement the plan for disposal of former real estate submitted in consultation with the head of the competent administrative agency, after hearing the opinions of the Special Metropolitan City Mayor, Mayors/Do Governors, and the heads of Sis/Guns/Gus having jurisdiction over the location of the former real estate. In such cases, the head of the public institution subject to relocation shall comply therewith unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (3) | The Minister of Land, Infrastructure and Transport may require a local government, a public institution prescribed by Presidential Decree (hereinafter referred to as "purchasing public institution"), or local public enterprises under the Local Public Enterprises Act (hereinafter referred to as "local public enterprise") to purchase former real estate where the former real estate is not sold by the deadline presented in a plan for disposal of former real estate under paragraph (1) or where a public institution subject to relocation desires. In such cases, the purchase price shall be the arithmetic mean of the values appraised by at least 2 appraisal corporations, etc. under the Act on Appraisal and Certified Appraisers. <Amended on Feb. 29, 2008; May 30, 2011; Mar. 23, 2013; Jan. 19, 2016; Apr. 7, 2020; Jun. 9, 2020> |
| (4) | Matters necessary for the purchase of former real estate by purchasing public institutions and local public enterprises under paragraph (3) shall be prescribed by Presidential Decree. <Amended on May 30, 2011> |
| (5) | The Minister of Land, Infrastructure and Transport shall consult with the Special Metropolitan City Mayor, Mayors/Do Governors, and the heads of Sis/Guns/Gus having jurisdiction over the location of the former real estate purchased by the purchasing public institutions and local public enterprises pursuant to paragraph (3) and formulate a utilization plan therefor after deliberation by the Seoul Metropolitan Area Readjustment Committee under Article 21 of the Seoul Metropolitan Area Readjustment Planning Act; provided, where the Minister of Land, Infrastructure and Transport requests the purchasing public institutions and local public enterprises to dispose of the former real estate purchased without modifying the urban or Gun management plan or developing activities under the National Land Planning and Utilization Act, the Minister of Land, Infrastructure and Transport need not formulate a utilization plan. <Amended on Feb. 29, 2008; May 30, 2011; Mar. 22, 2013; Mar. 23, 2013; May 28, 2014> |
| (6) | When the Minister of Land, Infrastructure and Transport formulates a utilization plan in accordance with paragraph (5), where it is necessary to significantly impede the efficiency of land use because of the irregular form of former real estate, or where it is necessary to install and improve infrastructure, such as roads, waterworks, and sewerage, the Minister of Land, Infrastructure and Transport may formulate a utilization plan, including land outside the former real estate, as prescribed by Presidential Decree, and where it is necessary to reflect the formulated utilization plan in the urban or Gun management plan under the National Land Planning and Utilization Act, and may request the relevant local government to reflect it in the urban or Gun management plan. In such cases, the relevant local government shall reflect the utilization plan for the former real estate in the urban or Gun management plan. <Amended on Feb. 29, 2008; Apr. 14, 2011; Mar. 23, 2013; May 28, 2014> |
| Article 44 (Support for purchase of former real estate) |
| (1) | Where a local government, a purchasing public institution, or a local public enterprise directly purchases former real estate in accordance with Article 43(3), the State may finance part of the purchase price. <Amended on May 30, 2011> |
| (2) | A public institution subject to relocation may have a public institution prescribed by Presidential Decree conduct business affairs regarding the sale of former real estate on its behalf. <Amended on May 30, 2011; Jun. 9, 2020> |
| (3) | A public institution subject to relocation purchasing former real estate (including land outside of former real estate for which a utilization plan is formulated in accordance with Article 43(6); hereafter the same shall apply in this Article) in accordance with Article 43(3) may issue bonds to finance the purchase price, as prescribed by Presidential Decree. <Amended on May 30, 2011; May 28, 2014> |
| (4) | Profits or losses resulting from purchasing former real estate of purchasing public institutions or local public enterprises may be transferred to the Accounts or may be covered by the Accounts, as prescribed by presidential decree. <Amended on May 30, 2011> |
CHAPTER VII SUPPORT TO PUBLIC INSTITUTIONS SUBJECT TO RELOCATION
| Article 45 (Support to public institutions subject to relocation) |
| (1) | The State or a local government may provide public institutions subject to relocation with subsidies or loans to cover part of the relocation expenses, such as construction costs of new offices. |
| (2) | Where a public institution subject to relocation intends to construct housing for relocating employees, the State, a local government, or a housing site development project operator (referring to a person who implements a project for developing public housing sites, etc. under subparagraph 24 of Article 2 of the Housing Act in accordance with this Act or any other statute; hereafter in this Article referred to as "operator") may preferentially supply public housing sites, and where a public institution subject to relocation intends to construct dormitories for relocating employees, the State, a local government, or an operator may finance part of the construction costs from the Housing and Urban Fund under the Housing and Urban Fund Act (hereinafter referred to as the "Housing and Urban Fund"). <Amended on Feb. 3, 2009; Jan. 6, 2015; Jan. 19, 2016> |
| (3) | The State, a local government, or an operator may construct buildings to be used by public institutions subject to relocation and sell or lease them. |
| (4) | Where the revenue of a public institution subject to relocation has substantially decreased due to its relocation to provincial areas, the State or a local government may provide support for a certain period, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 45-2 (Support to research institutes, international organizations, general hospitals, and universities) |
Where deemed necessary to revitalize an innovation city, the State and local governments may subsidize expenses incurred in constructing facilities for domestic or foreign research institutes, international organizations, and general hospitals, and universities under subparagraph 2 of Article 2 of the Special Act on Support for Scientists and Engineers for Strengthening National Science and Technology Competitiveness which move into an industry-academia-research cluster.
[This Article Added on May 28, 2014]
| Article 45-3 (Establishment of and support to knowledge industry centers) |
| (1) | The State or local government may establish knowledge industry centers under the Industrial Cluster Development and Factory Establishment Act in prearranged development areas for innovation cities and sell or lease them. |
| (2) | The State or local government may provide a person who has established a knowledge industry center (including a person who has obtained approval for the establishment thereof) in prearranged development areas for innovation cities with financial support necessary for the installation thereof, within the budget. |
| (3) | Except as otherwise provided in this Act, the Industrial Cluster Development and Factory Establishment Act shall apply mutatis mutandis to knowledge industry centers. |
[This Article Added on May 28, 2014]
| Article 45-4 (Payment of employment subsidies) |
Where necessary to promote investment in innovation cities, local governments may preferentially pay employment subsidies, education and training subsidies, etc. to enterprises investing in innovation cities, as prescribed by municipal ordinances.
[This Article Added on May 28, 2014]
| Article 45-5 (Preferential treatment to local enterprises) |
Where the head of a public institution subject to relocation enters into a contract for construction works, goods, services, etc. prescribed by Presidential Decree in connection with a local industry connected with a public institution subject to relocation under Article 5-2(2)3, the head of the public institution subject to relocation may give preferential treatment to a person who has the main place for business in an area publicly notified by the Mayor/Do Governor having jurisdiction over the relocation area (in cases of a joint innovation city, referring to an area jointly publicly notified by the relevant Mayors/Do Governors in consultation with the relevant Mayors/Do Governors), as prescribed by Presidential Decree.
[This Article Added on Nov. 26, 2019]
| Article 46 (Reduction of and exemption from rent for state or public property) |
| (1) | Notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other statutes or regulations, if necessary for an innovation city development project, etc., the State and local governments may reduce or exempt rents for State or public property for project operators, public institutions subject to relocation, development support centers under Article 47-3, and other enterprises, universities, research institutes, etc. moving into an innovation city, as prescribed by Presidential Decree. <Amended on May 28, 2014; Dec. 26, 2017; Jun. 9, 2020> |
| (2) | Notwithstanding the State Property Act and the Public Property and Commodity Management Act, where a project operator or public institution subject to relocation has obtained permission to use State land or permission to use or profit from public land or a loan thereon from the State or a local government in a prearranged development areas for innovation cities, the project operator or public institution subject to relocation may construct permanent facilities on State or public land on conditions that the State or public land purchased, restored to its original state, or donated facilities on which such permission or loan has been obtained. <Amended on Jan. 30, 2009; Jun. 9, 2020> |
| Article 47 (Support for relocating employees of public institutions subject to relocation) |
| (1) | The head of a public institution subject to relocation may prepare and implement support measures for relocating employees, such as the payment of moving expenses and relocation allowances, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | Where public institutions subject to relocation supply housing to their relocating employees, they may preferentially supply housing in accordance with Article 54 of the Housing Act, Article 3 of the Special Act on Private Rental Housing, and Article 48 of the Special Act on Public Housing. <Amended on Aug. 28, 2015; Jan. 19, 2016> |
| (3) | Relocating employees of public institutions subject to relocation may be granted a loan from the Housing and Urban Fund for housing purchase or lease on a deposit. <Amended on Jan. 6, 2015> |
| Article 47-2 (Formulation and implementation of measures to support residents in prearranged development areas for innovation cities) |
For residents living within a prearranged development areas for innovation cities, who end up losing their base of livelihood due to an innovation city development project, the relevant Mayors/Do Governors, the heads of relevant Sis/Guns/Gus, or project operator shall prepare and implement measures necessary to support their vocational conversion training, income-generating business, and resettlement, as prescribed by Presidential Decree.
[This Article Added on Oct. 17, 2007]
| Article 47-3 (Establishment and operation of innovation city development support center) |
| (1) | The Mayor/Do Governor may establish and operate an innovation city development support center (hereinafter referred to as "development support center") to attract and support enterprises, universities, research institutes, etc. (hereafter referred to as "enterprises, etc." in this Article) in an innovation city and to develop an innovation city as a hub for regional growth. <Amended on Dec. 26, 2017; Dec. 7, 2021> |
| (2) | A development support center shall perform the following projects: <Amended on Dec. 26, 2017; Dec. 7, 2021> |
| 1. | Support for developing innovation cities as regional growth hubs; |
| 2. | Support for attracting occupant institutions, such as enterprises, and starting businesses in innovation cities; |
| 3. | Support for cooperation between occupant institutions, such as enterprises, and public institutions subject to relocation in innovation cities; |
| 4. | Support for specialized regional development of innovation cities; |
| 5. | Support for improving the residential environment of occupants institutions, such as enterprises, employees belonging to public institutions subject to relocation, and residents; |
| 6. | Support for developing regional human resources connected with public institutions subject to relocation; |
| 7. | External cooperation and promotion for attracting enterprises, etc. to innovation cities; |
| 8. | Projects entrusted by the State or local governments in relation to innovation city support projects; |
| 9. | Other projects for developing innovation cities as regional growth hubs. |
| (3) | The development support center shall be a corporation, and the provisions on an incorporated foundation of the Civil Act shall apply mutatis mutandis to the Association, except as provided for in this Act. <Added on Dec. 26, 2017> |
| (4) | The State, local governments, and public institutions subject to relocation may fully or partially contribute or subsidize expenses incurred in establishing and operating a development support center within the budget. <Amended on Dec. 26, 2017> |
| (5) | Other necessary matters necessary for the establishment and operation of a development support center shall be prescribed by Presidential Decree. <Amended on Dec. 26, 2017> |
[This Article Added on Mar. 22, 2013]
[Title Amended on Dec. 26, 2017]
| Article 48 (Reduction of or exemption from taxes or charges) |
| (1) | Where necessary to support the relocation of public institutions to provincial areas and the construction of innovation cities, the State and local governments may reduce or exempt national taxes and local taxes, as prescribed by the Act on Restriction on Special Cases regarding Taxation, the Act on Restriction on Special Cases regarding Local Taxation, and other relevant statutes, if necessary. <Amended on Mar. 31, 2010> |
| (2) | Where necessary to support the relocation of public institutions and the construction of innovation cities, the State and local governments may reduce or exempt the development charges, farmland preservation charges, costs incurred in creating substitute grassland, expenses incurred in creating forest replacement resources, cooperation charge for the ecosystem conservation, charges for causing traffic congestion, metropolitan transport facility charges, charges for damaging development restriction zones, and infrastructure installation costs as prescribed by the Restitution of Development Gains Act, the Farmland Act, the Grassland Act, the Mountainous Districts Management Act, the Natural Environment Conservation Act, the Urban Traffic Improvement Promotion Act, the Special Act on the Management of Intercity Transport in Metropolitan Areas, the Act on Special Measures for Designation and Management of Development Restriction Zones, and the National Land Planning and Utilization Act. <Amended on May 30, 2011> |
| Article 49 (Sharing results of development and operation of innovation cities) |
| (1) | The State and local governments shall endeavor to contribute to balanced regional development by spreading the achievements of innovation cities to other local governments for which an innovation city is not located. |
| (2) | The Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter the same shall apply) in which an innovation city is located may transfer all or part of the amount of local tax paid by the public institutions subject to relocation to the competent Metropolitan City and Do to use it for the development of other Sis/Guns/Gus. |
| (3) | The City/Do in which an innovation city is located may establish and operate a fund for the development of a Si/Gun/Gu within the jurisdiction of the City/Do, with the amount of local taxes transferred in accordance with paragraph (2) and the financial resources, etc. contributed by the City/Do. <Amended on Jun. 9, 2020> |
| (4) | Where a joint innovation city is to be constructed, the relevant Cities/Dos may jointly establish and operate the Fund under paragraph (3). <Amended on Jun. 9, 2020> |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 50 (Measures for stabilization of real estate price and prevention of disorderly development) |
| (1) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures necessary to stabilize the real estate prices of prearranged development areas for innovation cities and neighboring areas (hereinafter referred to as "innovation cities, etc.") <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 17, 2017; Dec. 26, 2017> |
| (2) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall request the heads of relevant central administrative agencies and Mayors/Do Governors to take the following measures regarding the areas in which real estate speculation or a sharp increase in real estate prices is expected due to a proposal, etc. for the designation of prearranged development areas for innovation cities: <Amended on Jan. 19, 2016> |
| 1. | Designation of areas under Article 104-2 of the Income Tax Act; |
| 2. | Designation of high-speculation areas under Article 63 of the Housing Act; |
| 3. | Designation of areas subject to permission for land transaction contracts under Article 10 of the Act on Report on Real Estate Transactions; |
| 4. | Other measures necessary for the stabilization of real estate prices. |
| (3) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun (excluding the head of a Gun within the jurisdiction of a Metropolitan City) shall take necessary measures, such as restrictions on building permission under Article 18 of the Building Act or restrictions on permission for development activities under Article 63 of the National Land Planning and Utilization Act, in order to prevent disorderly development of an innovation city, etc. <Amended on Feb. 29, 2008; Mar. 21, 2008; Mar. 23, 2013; Jan. 17, 2017; Jun. 9, 2020> |
| Article 51 (Redundant designation with development project zones under other statutes) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a prearranged development areas for innovation cities to be redundantly designated with a development project zone under other statutes (hereafter referred to as "previous project zone" in this Article), such as housing site development zone under the Housing Site Development Promotion Act. <Amended on Feb. 29, 2008; May 30, 2011; Mar. 23, 2013> |
| (2) | Where an innovation city development project is implemented by redundant designation in accordance with paragraph (1), notwithstanding Article 3, procedures for a development project under other statutes and procedures for an innovation city development project under this Act shall be undergone, respectively; provided, notwithstanding Article 15, other statutes shall apply to the expropriation, etc. of land, etc. in the previous project zone deemed approved and publicly notified under Articles 20(1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects in accordance with other statutes. In such cases, when publicly notifying the designation of a prearranged development areas for innovation cities in accordance with Article 7(3), the details of the land to be expropriated or used under subparagraph 3 of the same paragraph may not be notified. <Amended on Jun. 9, 2020> |
| (3) | Where the Minister of Land, Infrastructure and Transport designates an innovation city development project zone in a previous project zone, he or she may request the designating authority of the previous project zone to cancel such designation or request the approval authority of the relevant development plan or implementation plan to modify such plan when deemed that the project operator falls under all of the following items: <Amended on Feb. 29, 2008; May 30, 2011; Mar. 23, 2013> |
| 1. | Where the project conducted in the previous project zone seriously hampers the execution of innovation city development projects; |
| 2. | Where the execution of innovation city development projects substantially contributes to the public good than the project implemented in the previous project zone. |
| (4) | Upon receipt of the request under paragraph (3), the designating authority shall cancel the designation of the previous project zone in accordance with relevant statutes without delay, unless there is a compelling reason not to do so, and give notice of such fact to the Minister of Land, Infrastructure and Transport after publishing it in the Official Gazette or in the official report. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (5) | Where a previous project zone is canceled in accordance with paragraph (4) and a project operator expropriates land, etc. within the previous project zone in accordance with Article 15, such project operator shall reimburse expenses incurred on survey, design, etc. spent for the execution of the previous project when compensating for such expropriation under the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Jun. 9, 2020> |
| (6) | Where a previous project zone is canceled in accordance with paragraphs (3) and (4) after the relevant previous project operator acquired land within the previous project zone by agreement or expropriated such land, notwithstanding paragraph (6) of the same Article, the period for exercising the right to repurchase under Article 91(1) and (2) of the Act on Acquisition of and Compensation for Land for Public Works Projects shall be calculated from the date on which the designation of the previous project zone is cancelled in accordance with paragraph (4) and the designation of the previous project zone is publicly notified in the Official Gazette or a public report, considering that the previous public service project is changed to an innovation city development project under this Act. <Amended on Jun 9, 2020> |
| (7) | A project operator shall give notice of any modification made in the public service project under paragraph (6) to the repurchase right holder, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 52 (Perusal of documents) |
| (1) | Where it is necessary to implement an innovation city development project, a project operator may request the heads of registration offices and other relevant administrative agencies for the perusal or duplication of necessary documents, or for the delivery of certified copy or abstract copy thereof free of charge. <Amended on Jun. 9, 2020> |
| (2) | Persons in receipt of a request for provision of data in accordance with paragraph (1) shall comply therewith unless there is good cause. <Amended on Jun. 9, 2020> |
| Article 53 (Request for provision of data) |
| (1) | A project operator may request the heads of relevant administrative agencies or related persons to provide data deemed necessary to implement an innovation city development project. |
| (2) | Persons in receipt of a request for provision of data in accordance with paragraph (1) shall comply therewith unless there is good cause. <Amended on Jun. 9, 2020> |
| Article 54 (Reporting and inspection) |
| (1) | Where it is deemed necessary to implement an innovation city development project, the Minister of Land, Infrastructure and Transport may require a project operator to file a necessary report or submit data, and have affiliated public officials examine business affairs regarding the innovation city development project. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Any public official examining business affairs in accordance with paragraph (1) shall carry a certificate indicating his or her authority and produce it to interested persons. |
| (3) | Necessary matters regarding certificates under paragraph (2) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 55 (Administrative dispositions on violators of statutes) |
| (1) | The Minister of Land, Infrastructure and Transport may revoke designation, approval, etc. granted under this Act, or make dispositions or issue orders for measures, such as suspension of construction, renovation, or relocation of buildings, obstacles, etc., to any of the following persons: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| 1. | Persons falling under any of the following cases: |
| a. | Where he or she fails to fulfill the conditions imposed when the designation or approval under Articles 10 through 12 was granted, or fails to implement an innovation city development project in compliance with the development plan and implementation plan; |
| b. | Where he or she fails to undergo a completion inspection, in violation of Article 17(1); |
| c. | Where he or she supplies developed land, etc., in violation of Article 19; |
| d. | Where he or she receives advance payment, in violation of Article 20; |
| e. | Where he or she issues land redemption bonds, in violation of Article 21; |
| f. | Where he or she fails to give notice under Article 65(5) of the National Land Planning and Utilization Act which is applied mutatis mutandis in accordance with Article 22(1); |
| g. | Where he or she fails to fulfill the conditions imposed at the time of the disposal of State or public property under Article 23(2); |
| h. | Where he or she fails to file a report under Article 54(1), files a false report, or refuses, interferes with, or evades an examination; |
| 2. | A person who obtains designation, approval, authorization, permission, etc. under this Act by fraud or other improper means; |
| 3. | A project operator who fails, or has reasonable grounds to be deemed unwilling, to implement an agreement entered into in accordance with Article 12(1)5 by the agreed-upon period. |
| (2) | A Mayor/Do Governor, or the head of a Si/Gun/Gu may, if necessary, recommend the Minister of Land, Infrastructure and Transport to issue relevant dispositions to or take relevant measures against a person falling under any of the subparagraphs of paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 55-2 (Charges for compelling performance) |
| (1) | A Mayor/Do Governor shall set a deadline for performance not exceeding 6 months for a person who fails to comply with a transfer order within the designated period without good cause after receiving the transfer order in accordance with Article 5-7, and where he or she fails to comply with the transfer order by the deadline, he or she shall impose a charge for compelling performance equivalent to 20/100 of the value of property to be transferred. |
| (2) | The Mayor/Do Governor shall give a written notice of his or her intention to impose and collect the charge for compelling performance under paragraph (1) before imposing a charge for compelling performance under paragraph (1). |
| (3) | Where the Mayor/Do Governor imposes a charge for compelling compliance under paragraph (1), he or she shall do so in writing, stating the amount of such charge, the reasons for imposition, the payment deadline, the collecting agencies, methods for filing an objection, the institutions with which an objection can be filed, etc. |
| (4) | The Mayor/Do Governor may repeatedly impose and collect a charge for compelling performance under paragraph (1) once a year from the date a transfer order is issued under Article 5-7 until such transfer order is complied with. |
| (5) | Where a person to whom a transfer order under Article 5-7 was issued complies with such transfer order, the Mayor/Do Governor shall suspend the imposition of a new charge for compelling compliance but shall collect the charge already imposed. |
| (6) | If any person on whom a charge for compelling performance is imposed in accordance with paragraph (1) fails to pay the charge for compelling performance by the deadline for payment, a Mayor/Do Governor shall collect the penalty surcharge in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Mar. 24, 2020> |
[This Article Added on Dec. 29, 2015]
| (1) | Where a Mayor/Do Governor intends to revoke approval for occupancy in accordance with Article 5-6(1), he or she shall hold a hearing. <Added on Dec. 29, 2015> |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to revoke the designation or approval under this Act in accordance with Article 55, he or she shall hold a hearing: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 29, 2015> |
| Article 57 (Delegation and entrustment of authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (2) | The Minister of Land, Infrastructure and Transport may entrust any of the following business affairs to a public institution prescribed by Presidential Decree, as prescribed by Presidential Decree: <Amended on May 30, 2011; Mar. 23, 2013> |
| 1. | Completion inspection under Article 17 (limited to where a project operator falls under Article 10(1)1 or 2); |
| 2. | Investigation of current status on former real estate under Article 42. |
| (3) | The head of a central administrative agency or the head of a local government may entrust business affairs regarding the management of facilities, sale in lots, and lease of knowledge industry centers established by the State and local governments in accordance with Article 45-3 to a development support center. <Added on Dec. 7, 2021> |
| Article 57-2 (Deemed public officials for purposes of penalty provisions) |
Executive officers and employees of a development support center engaging in the business affairs entrusted in accordance with Article 57(3) shall be deemed to be public officials in applying Articles 129 through 132 of the Criminal Act.
[This Article Added on Dec. 7, 2021]
CHAPTER IX PENALTY PROVISIONS
| Article 58 (Penalty provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not exceeding 2 years or by a fine not exceeding 20 million won: <Amended on Dec. 29, 2015> |
| 1. | A person who fails to obtain approval for occupancy in violation of Article 5-3 (including cases where approval for occupancy is required in accordance with Articles 5-4(2) and 5-5) or a person who modifies matters approved for occupancy without obtaining approval for modification thereof; |
| 2. | A person who obtains approval or approval for modification of matters approved under Article 9(1) by fraud or other improper means. |
| (2) | Any person who fails to obtain approval or approval for modification of matters approved in violation of Article 9(1), and conducts an act under the same paragraph shall be punished by imprisonment with labor for up to 1 year or by a fine not exceeding 10 million won. |
[This Article Wholly Amended on May 28, 2014]
| Article 59 (Joint penalty provisions) |
Where the representative of a corporation or the agent, employee, or servant of a corporation or individual commits a violation under Article 58 regarding the affairs of the corporation or individual, not only shall the corporation or individual be punished by a fine under the relevant provisions, but further punishment of the violator; provided, this shall not apply where the corporation or individual has not been negligent in exercising due care and supervision regarding the relevant business affairs to prevent such violation.
[This Article Wholly Amended on May 30, 2011]
| Article 60 (Administrative fines) |
| (1) | Any person who continues to perform such business affairs in violation of Article 5-6(2) shall be subject to an administrative fine not exceeding 20 million won. |
| (2) | A person who transfers a building, etc. without filing a report, in violation of Article 5-4(1), shall be subject to an administrative fine not exceeding 5 million won. |
| (3) | A Mayor/Do Governor shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by Presidential Decree. |
[This Article Added on Dec. 29, 2015]
ADDENDA <Act No. 8238, Jan. 11, 2007>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation.
Article 2 (Special cases regarding prearranged areas for housing site development)
| (1) | The Minister of Construction and Transportation may designate and publicly notify areas necessary to develop innovation cities among areas designated as prearranged areas for housing site development in accordance with Article 3 of the Housing Site Development Promotion Act for the purpose of relocation of public institutions to provincial areas under Article 18 of the Special Act on Balanced National Development at the time this Act enters into force as prearranged development areas for innovation cities in accordance with Article 7(3), following deliberation by the Innovation City Committee under Article 30. In such cases, Articles 6(2) and (3) and 7(1) and (2) shall not apply. |
| (2) | When an area is designated and publicly notified as a prearranged development areas for innovation cities in accordance with paragraph (1), project approval and public notice thereof shall be deemed granted and given under Article 15(2). |
Article 3 Omitted.
ADDENDA <Act No. 8343, Apr. 11, 2007>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 8656, Oct. 17, 2007>
This Act shall enter into force 3 months after the date of its promulgation.
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
Article 8 Omitted.
Article 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, ...<omitted>... among statutes amended in accordance with Article 6 of the Addenda, the amended provisions of a statute which was promulgated before this Act enters into force but the enforcement date of which has yet to elapse shall enter into force on the enforcement date of the respective statute.
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDA <Act No. 8970, Mar. 21, 2008>
Article 1 (Enforcement date)
This Act shall enter into force on April 12, 2008. (Proviso Omitted.)
Articles 2 through 8 Omitted.
Article 9 Omitted.
Article 10 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
Article 13 Omitted.
Article 14 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
Article 9 Omitted.
Article 10 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
Article 10 Omitted.
ADDENDA <Act No. 9405, Feb. 3, 2009>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDA <Act No. 9629, Apr. 22, 2009>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
Article 22 Omitted.
Article 23 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement date)
This Act shall enter into force 9 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
Article 7 Omitted.
Article 8 Omitted.
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Articles 2 through 17 Omitted.
Article 18 Omitted.
Article 19 Omitted.
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Articles 2 through 12 Omitted.
Article 13 Omitted.
Article 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
Article 12 Omitted.
Article 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
Article 8 Omitted.
Article 9 Omitted.
ADDENDA <Act No. 10757, May 30, 2011>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Article 59 shall enter into force on the date of its promulgation, the amended provisions of Articles 43 and 44 shall enter into force 1 month after the date of its promulgation, and Article 2 of the Addenda shall enter into force on April 15, 2012.
Article 2 Omitted.
ADDENDA <Act No. 10764, May 30, 2011>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11183, Jan. 17, 2012>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional measures regarding consultation about authorization and permission)
Where a request for consultation is received in accordance with Article 14(3) before this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of paragraph (4) of the same Article.
ADDENDA <Act No. 11352, Feb. 22, 2012>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
Article 14 Omitted.
ADDENDUM <Act No. 11651, Mar. 22, 2013>
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provision of the proviso of Article 43(5) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDA <Act No. 12215, Jan. 7, 2014>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Articles 2 through 23 Omitted.
Article 24 Omitted.
Article 25 Omitted.
ADDENDA <Act No. 12702, May 28, 2014>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2015; provided, the amended provisions of the proviso of Article 43(5) shall enter into force on the date of its promulgation.
Article 2 (Transitional measures regarding plans for establishment of industry-academia-research clusters)
The plan for establishing industry-academia-research clusters formulated before this Act enters into force shall be deemed to have been formulated in accordance with the amended provisions of Article 5-2.
Article 3 (Transitional measures regarding utilization plan for former real estate)
Any utilization plan established in accordance with previous regulations before this Act enters into force shall be deemed to have been established in accordance with the amended provisions of Article 43.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 12989, Jan. 6, 2015>
Article 1 (Enforcement date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 4 Omitted.
Article 5 Omitted.
Article 6 Omitted.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 37 Omitted.
Article 38 Omitted.
Article 39 Omitted.
ADDENDA <Act No. 13499, Aug. 28, 2015>
Article 1 (Enforcement date)
This Act shall enter into force 4 months after the date of its promulgation.
Articles 2 through 14 Omitted.
Article 15 Omitted.
Article 16 Omitted.
ADDENDA <Act No. 13674, Dec. 29, 2015>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to approval for occupancy)
The amended provisions of Articles 5-3 through 5-8 shall begin to apply from the first case of moving into an industry-academia-research cluster after this Act enters into force.
Article 3 (Applicability to imposition of charges for compelling performance)
The amended provisions of Article 55-2 shall begin to apply from the first transfer order issued after this Act enters into force.
ADDENDA <Act No. 13782, Jan. 19, 2016>
Article 1 (Enforcement date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 6 Omitted.
Article 7 Omitted.
Article 8 Omitted.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Articles 2 through 9 Omitted.
Article 10 Omitted.
Article 11 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 20 Omitted.
Article 21 Omitted.
Article 22 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
Article 7 Omitted.
ADDENDA <Act No. 14536, Jan. 17, 2017>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Transitional measures regarding formulation of regional development plans for innovation cities)
A regional development plan for innovation cities formulated before this Act enters into force shall be deemed a regional development plan for innovation cities formulated under this Act.
ADDENDA <Act No. 14937, Oct. 24, 2017>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Article 29-2 shall enter into force 3 months after the date of its promulgation.
Article 2 (Applicability to employment of regional human resources for public institutions subject to relocation)
The amended provisions of Article 29-2 shall begin to apply from the first case where the head of a public institution subject to relocation makes a public announcement of employment after the same amended provisions enter into force.
ADDENDA <Act No. 15309, Dec. 26, 2017>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation; provided, the amended provisions of Article 32 shall enter into force on March 1, 2018.
Article 2 (Transitional measures regarding installation of development support centers)
An innovation city industry-academia-research attraction support center established and operated in accordance with the previous provisions before this Act enters into force shall conduct its affairs in accordance with the previous provisions until development support centers are established in accordance with the amended provisions of Article 47-3.
Article 3 Omitted.
Article 4 (Relationship to other statutes or regulations)
Any citation of the previous Special Act on the Construction of and Support for Innovation Cities Following Relocation of Public Institutions or any provisions thereof by other statutes or regulations in force as at the time this Act enters into force shall be deemed a citation of this Act or the relevant provisions hereof in lieu of such previous provisions, if corresponding provisions exist herein.
ADDENDA <Act No. 15489, Mar. 20, 2018>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDA <Act No. 16644, Nov. 26, 2019>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to employment of regional human resources)
The amended provisions of Article 29-2 shall begin to apply from the first case where the head of a public institution subject to relocation, etc. makes a public announcement of employment after this Act enters into force.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Articles 2 through 18 Omitted.
Article 19 Omitted.
Article 20 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17219, Apr. 7, 2020>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 17614, Dec. 8, 2020>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDA <Act No. 17814, Dec. 31, 2020>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation; provided, among the statutes amended in accordance with Article 4 of the Addenda, amendments to statutes, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement dates of the relevant statutes, respectively.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 18310, Jul. 20, 2021>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 18567, Dec. 7, 2021>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDA <Act No. 19117, Dec. 27, 2022>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 19430, Jun. 9, 2023>
Article 1 (Enforcement date)
This Act shall enter into force 1 month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
Article 21 Omitted.
Article 22 Omitted.
ADDENDA <Act No. 20342, Feb. 20, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to restrictions on transfer price of buildings)
The amended provisions of the proviso of Article 5-4(3), with the exception of its subparagraphs, shall begin to apply from buildings, etc. of industry-academia-research clusters transferred after this Act enters into force.
ADDENDA <Act No. 21065, Oct. 1, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended parts of a statute which was promulgated before this Act enters into force but the enforcement date thereof have not yet arrived, from among the statutes amended in accordance with Article 7 of the Addenda, shall enter into force on the respective enforcement date of the relevant statute, and the amended provisions under the following subparagraphs shall enter into force on the dates specified in the relevant subparagraph:
| 1. | The following amended provisions shall come into force on January 2, 2026; provided, among the statutes amended in accordance with Article 7 of the Addenda (limited to the parts related to the amended provisions of items a and b), the amendments to statutes, which were promulgated before the enforcement date under the main clause but have not yet entered into force as of the enforcement date under the main clause, shall enter into force on the respective enforcement dates of such statutes: |
| a. | The amended provisions of Articles 19(4), 23, 29(1)1, and 30; |
| b. | The amended provisions of Articles 12(2), 19(3), 22, and the proviso of Article 29(2) (limited to the parts regarding the Minister of Finance and Economy and the Ministry of Finance and Economy); |
| c. | Statutes amended in accordance with Article 7 of the Addenda (limited to the parts related to the amended provisions of items a and b); |
Articles 2 through 6 Omitted.
Article 7 Omitted.
Article 8 Omitted.