CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to enhancing urban competitiveness and residential stability by utilizing urban space in a complex and innovative manner by prescribing necessary matters and regulatory exemptions for designating and operating urban complex development innovation districts.
The terms used in this Act are defined as follows:
| 1. | The term "urban complex development innovation district" means a district designated and publicly notified in accordance with Article 9 for the purpose of implementing a complex development project in areas prescribed by Presidential Decree, such as station influence zones with decrepit areas and quasi-industrial areas, to create urban growth hubs or to rapidly supply housing; |
| 2. | The term "complex development plan" means a plan regarding the complex land use and the main use, building-to-land ratio, floor area ratio, etc. of buildings to systematically and strategically promote complex development projects in the urban complex development innovation district; |
| 3. | The term “complex development project” means any of the following projects implemented by formulating a complex development plan within the urban complex development innovation district: |
| a. | Growth hub type complex development project: A project to construct a complex of cultural facilities, industrial facilities, business facilities, sales facilities, and housing through the convergence of technology and industry in areas that need to be developed as regional hubs, such as urban centers, central districts of a living sphere, or public transport nodes; |
| b. | Residential-centered type complex development project: A project that constructs housing at not less than the ratio prescribed by Presidential Decree, combined with business facilities, sales facilities, industrial facilities, etc., in areas such as station influence zones and quasi-industrial areas within urban centers, prescribed by ordinance of the relevant local government; |
| 4. | The term "project implementer" means a person designated by the Mayor/Do Governor, etc., in accordance with Article 14 for the implementation of a complex development project. |
| Article 3 (Relationship to other statutes) |
This Act shall prevail over other statutes regarding the designation of urban complex development innovation districts and the implementation of complex development projects; provided, where any statute has any provision more relaxed than the details of regulatory exemptions under this Act, the corresponding provision of such statute shall apply.
CHAPTER II DESIGNATION OF URBAN COMPLEX DEVELOPMENT INNOVATION DISTRICT
| Article 4 (Designation of urban complex development innovation district) |
The head of a local government falling under any of the following subparagraphs (hereinafter referred to as "Mayor/Do Governor, etc.") may decide (including change of decision; the same shall apply hereinafter) a complex development plan in accordance with Article 9 to create an urban growth hub or to rapidly supply housing, and may designate (including change of designation; the same shall apply hereinafter) an urban complex development innovation district:
| 1. | The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province; |
| 2. | Large cities with a population of at least 500 thousand persons, other than Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities, under Article 198 of the Local Autonomy Act (hereinafter referred to as "large city"). |
| Article 5 (Formulation of complex development plan) |
| (1) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor (referring to the head of a Si/Gun/Gu if there is a Si/Gun/Gu that is a local government within the jurisdiction of the Special Self-Governing Province), or the head of a Si/Gun/autonomous Gu (hereinafter referred to as "head of a Si/Gun, etc.") may formulate a complex development plan that includes the following matters: |
| 1. | Name, location, and size of the urban complex development innovation district; |
| 2. | Necessity of designation of the urban complex development innovation district and effected effects thereof; |
| 3. | Implementation direction and details of complex development projects; |
| 4. | Method of implementing complex development projects; |
| 5. | Matters regarding implementers of complex development projects; |
| 6. | Land use plan in urban complex development innovation districts; |
| 7. | Plan for installing infrastructure under subparagraph 6 of Article 2 of the National Land Planning and Utilization Act, smart city infrastructure under subparagraph 3 of Article 2 of the Act on the Promotion of Smart City Development and Industry (hereinafter referred to as "infrastructure"), and living infrastructure under Article 3-2 of the National Land Planning and Utilization Act (hereinafter referred to as "living infrastructure"); |
| 8. | Regulatory exemptions applicable to the urban complex development innovation zone and detailed data necessary for determining whether to apply regulatory exemptions, such as the need for and the scope of application thereof; |
| 9. | Urban innovation plan under Article 40-3 (2) of the National Land Planning and Utilization Act (limited to cases where a district plan is formulated for a growth hub-type complex development project under subparagraph 3 a of Article 2); |
| 10. | Matters regarding public contributions under Article 38 of the Act; |
| 11. | A plan regarding main uses, the building-to-land ratio, the floor area ratio, and height of each building; |
| 12. | Plan for accommodation of the population and plan for development for housing facilities; |
| 13. | Traffic control plan and plan for education and environmental conservation in neighboring areas; |
| 15. | Plan for the supply of developed land and buildings; |
| 16. | Matters regarding support for residents, including relocation measures for tenants, etc.; |
| 17. | Other matters prescribed by Presidential Decree as necessary for complex development projects. |
| (2) | The head of a Si/Gun, etc. shall request the Mayor/Do Governor, etc. to review the direction of the complex development plan, the matters subject to regulatory exemptions under Article 37, and the public contributions under Article 38 to formulate the complex development plan (the head of a large city shall request the Do Governor or Special Self-Governing Do Governor to review), and in such cases, the Mayor/Do Governor, etc. shall present the review opinions to the head of a Si/Gun, etc. within the period prescribed by Presidential Decree. |
| (3) | Other matters necessary for the formulation, etc. of complex development plans shall be prescribed by Presidential Decree. |
| Article 6 (Proposal for formulating complex development plan) |
| (1) | An owner of land, etc. who intends to promote a complex development project (referring to the owner of land or buildings located in the urban complex development innovation district or the person with superficies thereof; hereinafter the same shall apply) shall obtain the consent of at least 1/4 of the owners of land, etc. in the area where the project is to be implemented and the land owners of at least 1/2 of the area of land, determine the person who intends to become the project implementer under Article 9 (6) (hereinafter referred to as "prospective project implementer"), and the prospective project implementer may propose the formulation of a complex development plan to the head of a Si/Gun, etc. |
| (2) | The head of a Si/Gun, etc. shall publicly announce the fact of the proposal for formulation and other matters prescribed by Presidential Decree within 14 days from the date of the proposal for formulation under paragraph (1). |
| (3) | The head of a Si/Gun, etc. shall comprehensively consider matters related to the project implementation and notify the proposer of whether the proposal is accepted within 60 days from the date of the proposal for formulation. In such cases, the head of a Si/Gun, etc. may seek advice from a local urban planning committee under Article 113 of the National Land Planning and Utilization Act (hereinafter referred to as the "local urban planning committee") to review the acceptance of the proposal. |
| (4) | The head of the Si/Gun, etc. who has received the proposal for formulation of a complex development plan in accordance with paragraph (1) may have the proposer bear the whole or part of the expenses necessary for the proposed formulation of the complex development plan, in consultation with the proposer. |
| (5) | If the designation of an urban complex development innovation district under Article 9 is not made by the day 3 years elapse after the public announcement of the proposal for formulation under paragraph (2), the head of a Si/Gun, etc. shall reject the proposal for formulation; provided, if the head of a Si/Gun, etc. receives a request for extension of the period with the consent of land owners of at least 30/100 of the area of land under paragraph (1), he or she may extend the period within the scope of 1 year. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the methods of designating a prospective project implementer, procedures, methods, etc. of proposing the formulation of a complex development plan shall be prescribed by Presidential Decree. |
| Article 7 (Hearing opinions of residents for formulation of complex development plan) |
| (1) | Where the head of a Si/Gun, etc. intends to formulate or modify a complex development plan, he or she shall notify residents in writing, hear opinions of residents thereon after making the plan available for perusal for at least 30 days through presentations for residents and hearing of opinions of residents, and shall reflect their opinions in the complex development plan, if such opinions are found reasonable. |
| (2) | The head of a Si/Gun, etc. shall hear opinions of the relevant local council while making the complex development plan available to residents for perusal under paragraph (1). In such cases, the local council shall present its opinion within 60 days from the date when the head of a Si/Gun, etc. notifies the complex development plan, and the local council shall be deemed to have no objection, if it fails to present its opinion within 60 days. |
| (3) | Notwithstanding paragraphs (1) and (2), the head of a Si/Gun, etc. need not follow the procedures for notifying residents of the complex development plan in writing; giving presentations for residents; making the complex development plan available to residents for perusal; and hearing opinions of the relevant local council to modify minor matters prescribed by Presidential Decree. |
| (4) | Where the head of a Si/Gun, etc. intends to formulate a complex development plan which includes vesting of the ownership of fundamental infrastructure and State or public property and the disposal of such infrastructure and property pursuant to Articles 97, 98 and 101, shall first hear opinions thereon from the authority which manages such fundamental infrastructure and State or public property. |
| Article 8 (Application for designation of urban complex development innovation district) |
| (1) | Where the head of a Si/Gun, etc. directly formulates a complex development plan in accordance with Article 5 (1) or notifies acceptance of a proposal in accordance with Article 6 (3), he or she shall apply to the Mayor/Do Governor, etc. for the decision on the complex development plan and the designation of an urban complex development innovation district. |
| (2) | A prospective project implementer shall obtain and submit to the head of Si/Gun, etc., consent forms from at least 2/3 of the owners of land, etc. and land owners of at least 1/2 of the area of land before the head of Si/Gun, etc. applies to the Mayor/Do Governor, etc. for the designation of an urban complex development innovation district in accordance with paragraph (1). |
| (3) | The written consent of the owners of land, etc. under paragraph (2) shall include consent to the following matters: |
| 1. | Outline of the complex development plan; |
| 2. | Matters regarding the designation of the project implementer; |
| 3. | Other matters prescribed by Presidential Decree as necessary for application for the designation of the urban complex development innovation district. |
| (4) | Where the head of a Si/Gun, etc. intends to apply for designation in accordance with paragraph (1), he or she shall submit to the Mayor/Do Governor, etc. the complex development plan formulated in accordance with Article 5, accompanied by documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as the consent form of the owners of land, etc. under paragraph (2). |
| Article 9 (Designation of urban complex development innovation district and public notice thereof) |
| (1) | Where the Mayor/Do Governor, etc. intends to designate an urban complex development innovation district, he or she shall undergo deliberation by the local urban planning committee; provided, for modification of minor matters under Article 7 (3), he or she may not undergo deliberation by the local urban planning committee. |
| (2) | Where the Mayor/Do Governor, etc. intends to designate an urban complex development innovation district exceeding the area prescribed by Presidential Decree, he or she shall consult with the Minister of Land, Infrastructure and Transport and the Minister of Climate, Energy and Environment before undergoing deliberation by the local urban planning committee under paragraph (1); provided, for modification of minor matters under Article 7 (3), he or she may not undergo consultation under the main clause. <Amended on Oct. 1, 2025> |
| (3) | When the Mayor/Do Governor, etc. designates an urban complex development innovation district or determines a complex development plan, he or she shall publicly notify the details of the designation of the urban complex development innovation district, including the complex development plan, in the official gazette of the relevant local government. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply to the public notice, etc. of topographical maps. |
| (4) | Where the Mayor/Do Governor, etc. has publicly notified the designation of an urban complex development innovation district including a complex development plan in accordance with paragraph (3), he or she shall make the relevant documents available for public perusal for at least 14 days. |
| (5) | Where an urban complex development innovation district has been designated and publicly notified in accordance with paragraph (3), matters specified in Article 52 (1) of the National Land Planning and Utilization Act, from the relevant urban complex development innovation district and the complex development plan, shall be deemed have been designated and publicly notified as a district-unit planning zone and a district-unit plan in accordance with Article 50 of that Act. |
| (6) | Where a Mayor/Do Governor, etc. publicly notifies the designation of an urban complex development innovation district and the decision of a complex development plan in accordance with paragraph (3), he or she shall designate and publicly notify the prospective project implementer as the implementer of the complex development project, unless there is a compelling reason not to do so. |
| Article 10 (Restrictions on conduct) |
| (1) | Where a person intends to engage in any of the following activities in an area where a public announcement has been made for hearing opinions of residents, etc. on the formulation of a complex development plan in accordance with Article 7, he or she shall obtain permission from the head of a Si/Gun, etc.; the same shall apply where he or she intends to modify permitted matters: |
| 1. | Construction of a building; |
| 2. | Installation of a structure; |
| 3. | Change of the form and quality of land; |
| 4. | Collection of soil and stone; |
| 7. | Felling and planting of bamboo trees; |
| 8. | Other acts prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), development activities may be performed without obtaining permission in any of the following cases: |
| 1. | An act for taking emergency measures necessary for disaster restoration or disaster control; |
| 2. | An act for taking safety measures for the relevant buildings for possible risk of safety accident, such as collapse of existing buildings; |
| 3. | Other acts prescribed by Presidential Decree which do not interfere with the implementation of a project, such as changing the form and quality of land for cultivation. |
| (3) | A person who has obtained permission for an act requiring permission in accordance with paragraph (1) or has commenced construction works or project for an act not requiring permission in accordance with relevant statutes or regulations at the time the relevant urban complex development innovation district was designated and publicly notified may continue to implement the relevant construction works or project after reporting the act to the head of a Si/Gun, etc., as prescribed by Presidential Decree. |
| (4) | The head of a Si/Gun, etc. may order any person who violates paragraph (1) to restore the relevant area to its original state. In such cases, where the person so ordered fails to perform such obligation, the head of the Si/Gun, etc. may perform the obligation on behalf of the person in accordance with Article 2 of the Administrative Vicarious Execution Act. |
| (5) | Except as provided 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), and if permission is obtained in accordance with paragraph (1), development acts shall be deemed to have been obtained in accordance with Article 56 of the National Land Planning and Utilization Act. |
| Article 11 (Revocation of designation of urban complex development innovation district) |
| (1) | The head of a Si/Gun, etc. may cancel the formulation of a complex development plan in any of the following cases, and when canceling the formulation of a complex development plan, he or she shall publicly announce the fact: |
| 1. | Where a request for withdrawal of the proposal for formulation of a complex development plan is made with the consent of the owners of at least half of the area of land, from the date 1 year after the public announcement of the fact of the proposal for formulation of the complex development plan in accordance with Article 6 (2) (limited to cases where an urban complex development innovation district has not been designated); |
| 2. | Where the purpose of designation is deemed unattainable in light of the progress of the relevant project. |
| (2) | Where the project implementer fails to apply for authorization of the project implementation plan under Article 18 (hereinafter referred to as the "project implementation plan") by the day when 3 years have elapsed from the date on which the urban complex development innovation zone was designated and publicly notified in accordance with Article 9 (3), the Mayor/Do Governor, etc. shall revoke the designation of the urban complex development innovation zone; provided, the Mayor/Do Governor, etc. may extend the relevant period and not revoke the designation of the urban complex development innovation zone in the following cases: |
| 1. | Where land owners of at least 30/100 of the area of land in the urban complex development innovation district request an extension by up to 2 years, before the period under the main clause of this paragraph expires; |
| 2. | Where a project implementer requests an extension by up to 1 year before the period under the main clause of this paragraph expires due to unavoidable reasons such as natural disasters. |
| (3) | The Mayor/Do Governor, etc. may revoke the designation of an urban complex development innovation district in any of the following cases: |
| 1. | Where at least 1/2 but not more than 2/3 of the owners of land, etc. who have consented to the designation of an urban complex development innovation district request the revocation of designation of the district designation with the consent of at least the ratio prescribed by ordinances of the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province, or large city (hereinafter referred to as "City/Do ordinance") (limited to cases where no application for authorization of the project implementation plan has been filed); |
| 2. | Where the purpose of designation is deemed unattainable in light of the progress of the relevant project. |
| (4) | Where the Mayor/Do Governor, etc. revokes the designation of an urban complex development innovation district in accordance with paragraphs (2) and (3), he or she shall publicly notify the fact in the official gazette, notify the head of the relevant administrative agency thereof, and make the related documents available for public perusal for at least 14 days. |
| (5) | If the designation of an urban complex development innovation district is revoked in accordance with paragraphs (2) and (3), it shall be deemed that the special-purpose area, infrastructure, etc., changed by the complex development plan have been reinstated to the state before the designation of the urban complex development innovation district. |
| (6) | Matters necessary for procedures for, methods, etc. of revoking the designation of an urban complex development innovation district shall be prescribed by Presidential Decree. |
| Article 12 (Measures for stabilizing real estate prices) |
The Minister of Land, Infrastructure and Transport or the head of the competent local government may request the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor to take the following measures for the area where real estate speculation or a sudden rise in real estate prices is expected due to the designation of an urban complex development innovation district, in order to stabilize the prices of land, buildings, etc.:
| 1. | Designation of a designated area under Article 104-2 (1) of the Income Tax Act; |
| 2. | Designation of a high-speculation area under Article 63 of the Housing Act; |
| 3. | Designation of an area subject to permission for a land transaction contract under Article 10 of the Act on Report on Real Estate Transactions; |
| 4. | Other measures necessary for the stabilization of real estate prices. |
CHAPTER III IMPLEMENTATION OF COMPLEX DEVELOPMENT PROJECTS
SECTION 1 Project Implementation Plans
| Article 13 (Method of implementing complex development projects) |
A complex development project may be implemented by any of the following methods:
| 1. | A method of developing land or constructing and supplying buildings through the implementation of a complex development project in an urban complex development innovation district in accordance with the management and disposal plan authorized in accordance with Article 26; |
| 2. | Where the project implementer has secured ownership of all land excluding state and public land within the urban complex development innovation district by the date of the public notice of authorization of the project implementation plan under Article 18 (6), the supply of land or buildings through the complex development project may be conducted without formulating a management disposition plan under Article 26. |
| Article 14 (Implementer of complex development project) |
| (1) | The Mayors/Do Governor, etc. shall designate the project implementer from among any of the following persons: |
| 1. | The State or a local government; |
| 2. | Public institutions prescribed by Presidential Decree, such as the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act (hereinafter referred to as the "Korea Land and Housing Corporation"); |
| 3. | Local public enterprises under Article 3 of the Local Public Enterprises Act; |
| 4. | Owners of land, etc. within the urban complex development innovation district; provided, this shall be limited to cases where the number of persons recognized as owners of land, etc. in accordance with Article 15 does not exceed 20; |
| 5. | A trust business entity under Article 8 (7) of the Financial Investment Services and Capital Markets Act, who meets the requirements prescribed by Presidential Decree; |
| 6. | An entrusted management real estate investment company established in accordance with subparagraph 1 b of Article 2 of the Real Estate Investment Company Act, who meets the requirements prescribed by Presidential Decree. |
| (2) | Matters necessary for the application, procedures, etc. for the designation of a project implementer under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 15 (Status of owners of land) |
| (1) | The owners of land, etc. of a complex development project shall be deemed to be 1 person representing several persons in any of the following cases: |
| 1. | Where the ownership and superficies of land or buildings belong to several co-owners; |
| 2. | Where several owners of land, etc. belong to 1 household; in such cases, the spouse and any unmarried lineal descendant under the age of 19, who are not registered on the resident registration card of that household, shall be deemed to belong to 1 household; and several owners of land, etc. shall be deemed to belong to 1 household, even where they have made a separate household and do not belong to the same household after the designation and public notice (excluding the modified designation and modified public notice) of an urban complex development innovation district under Article 9 (3), they shall be deemed to belong to 1 household, excluding a divorce and statutory branch family established by offspring who is at least 19 years old (limited to where they do not actually live in the same place of residence, by separating the resident registration of the household). |
| (2) | Where a complex development project is implemented within an area designated as a high-speculation area under Article 63 (1) of the Housing Act, a person who has acquired (including sale and purchase, donation, or any other act changing any right, but excluding transfer or acquisition upon inheritance or divorce) a building or land within the relevant urban complex development innovation district after obtaining authorization of a management and disposal plan under Article 26, shall not be eligible to become an owner of land, etc. of a complex development project, notwithstanding paragraph (1); provided, this shall not apply to any person who has acquired a building or land from a transferor in any of the following cases: |
| 1. | Where all members of his or her household relocate to the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun, in which the relevant project zone is not located, due to the job or business, the medical treatment of a disease (limited to where the head of a medical institution under Article 3 of the Medical Service Act diagnoses that medical treatment or care for at least one year is necessary), schooling, or marriage of his or her household member (referring to a member of the household, including the householder; hereafter in this Article the same shall apply); |
| 2. | Where all members of his or her household relocate to the house acquired by inheritance; |
| 3. | Where all members of his or her household emigrate to a foreign country or plan to stay abroad for at least two years; |
| 4. | Where his or her household owns one house (at the time the household is deemed one household under paragraph (1) 2) and the household owns the transferred house and has resided in the transferred house respectively for at least the period prescribed by Presidential Decree; |
| 5. | In cases prescribed by Presidential Decree where he or she transfers a structure or a plot of land due to any unavoidable cause. |
| (3) | Where a person who acquired land, a building, or other rights in a complex development project fails to be eligible for an owner of land, etc. in accordance with the main clause, with the exception of the subparagraphs, of paragraph (2), the project implementer shall compensate such person for losses by applying Article 24 (5) through (7) mutatis mutandis to the person. |
| Article 16 (Plenary meetings of owners of land) |
| (1) | The project implementer designated in accordance with Article 9 (6) shall obtain a resolution from the meeting composed of all owners of land, etc. involved in the relevant complex development project (hereinafter referred to as "plenary meeting of owners of land, etc.") on the following matters: |
| 1. | Selecting or replacing a contractor under Article 17; |
| 2. | Preparing or modifying a project implementation plan under Article 19 (including matters regarding suspension or discontinuance of the complex development project under the main clause of Article 18 (1), but excluding modification of any minor matter under the proviso of that paragraph); |
| 3. | Establishing or modifying implementation rules under Article 20; |
| 4. | Formulating or modifying a management and disposal plan under Article 26 (excluding modification of any minor mater under the proviso, with the exception of the subparagraphs, of paragraph (1) of that Article). |
| (2) | The plenary meeting of owners of land, etc. shall be convened by the project implementer ex officio or upon request by at least 1/5 of the owners of land, etc. |
| (3) | Resolutions of the plenary meeting of owners of land, etc. shall be adopted by the attendance of a majority of the owners of land, etc. and the concurring votes of a majority of those present, unless provided in this Act or the implementation rules under Article 20; provided, in the case of preparing a project implementation plan under paragraph (1) 2, the resolution shall be adopted by the consent of at least 2/3 of the owners of land, etc. and land owners holding at least 1/2 of the area of land; and in the case of modification of the project implementation plan, suspension or discontinuation of a complex development project, the resolution shall be adopted by the consent of a majority of the owners of land, etc. |
| (4) | Matters regarding the detailed composition and operation of the plenary meeting of owners of land, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Selection of constructor) |
| (1) | Where a project implementer is designated and publicly notified as an urban complex development innovation district in accordance with Article 9, the project implementer shall select a constructor by competitive bidding or a negotiated contract (limited to cases of at least 2 failures of competitive bidding) following resolution at a plenary meeting of the owners of land, etc., from among constructors under Article 9 of the Framework Act on the Construction Industry or registered project operator regarded as constructors in accordance with Article 7 (1) of the Housing Act. |
| (2) | The method, procedure, etc. for selecting a constructor under paragraph (1) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 18 (Authorization of implementation plan for complex development project) |
| (1) | Where a project implementer (excluding a project implementer under Article 14 (1) 1) intends to implement a complex development project shall obtain authorization for his or her project implementation plan by submitting a project implementation plan under Article 19 (hereinafter referred to as "project implementation plan") to the head of the Si/Gun, etc., accompanied by the implementation rules under Article 20 and other documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and the same shall also apply to any modification to authorized matters; provided, any modification to minor matters prescribed by Presidential Decree shall be reported to the head of the Si/Gun, etc. |
| (2) | The head of a Si/Gun, etc. shall notify a person who has filed a report of whether or not to accept it within 20 days from the date of receiving said report under the proviso of paragraph (1). |
| (3) | Where the Minister of Oceans and Fisheries fails to notify a person who has filed a report of whether to accept it or the extension of the processing period under the statutes or regulations related to processing civil petition within the period prescribed in paragraph (2), the report shall be deemed accepted on the date following the end of such period (referring to the relevant extended processing period in the case of the extension or re-extension of the processing period in accordance with the statutes or regulations related to civil petition handling). |
| (4) | A project implementer shall pass a resolution of the plenary meeting of owners of land, etc. before filing an application for authorization of said plan and the same shall apply where the project implementer intends to modify authorized matters or to suspend or discontinue the complex development project; provided, modification of any minor matter under the proviso of paragraph (1) requires no resolution at the plenary meeting of owners of land, etc. |
| (5) | The head of a Si/Gun, etc. shall obtain the deliberation of the Integrated Deliberative Committee on Urban Complex Development under Article 21 (hereinafter referred to as the "Integrated Deliberative Committee") in order to authorize a project implementation plan (including authorization of modification thereof; hereinafter the same shall apply); provided, in the case of intending to modify minor matters under the proviso of paragraph (1), the deliberation of the Integrated Deliberative Committee may be omitted. |
| (6) | Where the head of a Si/Gun, etc. grants authorization of a project implementation plan (including where a project implementer under Article 14 (1) 1 prepares a project implementation plan) or modifies, suspends, or discontinues an complex development project, he or she shall give public notice of the details thereof in the public gazette of the relevant local government, in accordance with the methods and procedures prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, the same shall not apply to modification of minor matters under the proviso of paragraph (1). |
| (7) | Where the head of a Si/Gun, etc. intends to authorize a project implementation plan, he or she shall publicly announce it in advance and ensure that the copies of the related documents are made available for public perusal for at least 14 days. |
| (8) | The owners of land, etc. and interested parties may submit a written opinion to the project implementer within the period for public perusal under paragraph (7), and the project implementer shall reflect such opinion in the relevant project implementation plan, if the opinion submitted is deemed reasonable. |
| (9) | Where the head of a large city authorizes a project implementation plan, he or she shall consult with a Do Governor or a Special Self-Governing Do Governor of the relevant administrative district before deliberation by the Integrated Deliberative Committee. |
| Article 19 (Formulation of project implementation plans) |
A project implementer shall prepare a project implementation plan, including the following matters, in accordance with the relevant complex development plan:
| 1. | Overview of a complex development project; |
| 3. | A plan for installing infrastructure and living infrastructure; |
| 4. | A plan for construction and housing construction; |
| 5. | Measures for relocating residents, including temporary housing facilities; |
| 6. | Measures for housing and relocating tenants; |
| 7. | A plan for the density of buildings regarding the height, floor area ratio, etc. of buildings; |
| 8. | A plan for public contributions under Article 38; |
| 9. | A plan to dispose of wastes generated in the course of implementing the complex development project; |
| 10. | Matters regarding public contributors under Article 46; |
| 11. | Other matters prescribed by Presidential Decree as necessary to implement the relevant project. |
| Article 20 (Formulation of implementation rules) |
When implementing a complex development project, the project implementer shall prepare implementation rules (hereinafter referred to as "implementation rules") including the following matters:
| 1. | Type and name of a complex development project; |
| 2. | The implementation year and the method of implementation; |
| 3. | Cost apportionment and accounting; |
| 4. | Rights and obligations of the owners of land, etc.; |
| 5. | Matters regarding public contributions such as infrastructure; |
| 6. | Methods for public announcement, public inspection and notification; |
| 7. | Methods for valuation of rights and interests in land and structures; |
| 8. | A management and disposal plan and settlement; |
| 9. | Amendments to implementation rules; |
| 10. | Amendments of the project implementation plan; |
| 11. | Other matters prescribed by City/Do ordinance. |
| Article 21 (Establishment of integrated deliberative committee on urban complex development) |
| (1) | The Mayor/Do Governor, etc. shall establish an Integrated Deliberative Committee on Urban Complex Development in each Special City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province, and large city (hereafter referred to as "City/Do, etc." in this Article) to conduct an integrated review and deliberation (hereinafter referred to as "integrated deliberation") on the following matters related to the authorization of the implementation plan for a complex development project: |
| 1. | Matters regarding the construction of buildings, the designation of special building zones, etc. under the Building Act; |
| 2. | Matters regarding deliberation on landscapes under the Landscape Act; |
| 3. | Educational environment assessment under the Educational Environment Protection Act; |
| 4. | Matters related to urban/Gun management planning and development activities under the National Land Planning and Utilization Act; |
| 5. | Matters regarding traffic impact assessment under the Urban Traffic Improvement Promotion Act; |
| 6. | Matters regarding disaster impact assessment, etc. under the Countermeasures against Natural Disasters Act; |
| 7. | Other matters submitted for an integrated deliberation, as deemed necessary by the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, etc., or the head of a Si/Gun, etc. |
| (2) | The Integrated Deliberative Committee shall be comprised of a maximum of 33 members, including 1 chairperson and 1 vice chairperson. |
| (3) | Members of the Integrated Deliberative Committee shall be appointed or commissioned from among the following persons; the chairperson shall be elected by committee members, from among persons falling under subparagraph 2; and the chairperson may appoint a vice chairperson, from among the persons referred to in subparagraph 1, if necessary to facilitate deliberation: |
| 1. | Public officials recommended by the Mayor/Do Governor, etc. as heads of relevant departments belonging to the relevant City/Do, etc.; |
| 2. | Persons commissioned by the Mayor/Do Governor, etc., from among experts in urban planning, construction, transportation, environment, disasters, or other relevant area with abundant knowledge and experience in urban development and housing projects; |
| 3. | Persons recommended by the chairperson of a local building committee under the Building Act from among members of the committee; |
| 4. | Persons recommended by the chairperson of a local urban planning committee, including at least 1 urban planning expert, 1 design expert, and 1 environmental expert, from among members of the committee; |
| 5. | Persons recommended by the chairperson of a traffic impact assessment deliberation committee belonging to the Mayor/Do Governor under the Urban Traffic Improvement Promotion Act, from among members of the committee; |
| 6. | Persons recommended by the chairperson of a disaster impact assessment deliberative committee under the Countermeasures against Natural Disasters Act, from among members of the committee; |
| 7. | Persons recommended by the chairperson a City/Do Educational Environment Protection Committee under the Educational Environment Protection Act, from among members of the Committee; |
| 8. | Persons recommended by the chairperson of the Landscape Committee belonging to the Mayor/Do Governor, etc. under the Landscape Act, from among members of the Committee. |
| (4) | The chairperson of the Integrated Deliberative Committee shall request chairpersons of the committees to which members falling under paragraph (3) 3 through 8 belong to recommend committee members, and the chairpersons in receipt of such request shall recommend committee members within 7 days from the date of receipt of such request. |
| (5) | A majority of the members of the Integrated Deliberative Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present; provided, when deliberating on the authorization of modification of the project implementation plan, the chairperson and members related to the matters subject to modification thereof plan may be counted as incumbent members. |
| (6) | The Integrated Deliberative Committee shall tape-record proceedings of each meeting and shall take minutes of each meeting. |
| (7) | The minimum number of committee members from each category prescribed in the subparagraphs of paragraph (3) and other matters necessary for the organization, operation, etc. of the Integrated Deliberative Committee shall be prescribed by Presidential Decree. |
| (8) | Where integrated deliberation on the matters referred to in each subparagraph of paragraph (1) is conducted, and a committee properly organized in accordance with paragraph (3) exists in a City/Do, etc., such committee may perform the functions of the Integrated Deliberative Committee, as prescribed by City/Do ordinance. |
| Article 22 (Procedures for deliberation by integrated deliberative committee) |
| (1) | Where the head of a local government or a project implementer files an application for integrated deliberation, he or she shall attach documents related to the matters referred to in the subparagraphs of Article 21 (1). In such cases, when necessary to efficiently conduct an integrated deliberation, the Mayor/Do Governor, etc. may require him or her to submit an application within a specified deadline for submission. |
| (2) | The head of a Si/Gun, etc. shall authorize a project implementation plan reflecting the findings of the integrated deliberation, unless there is a compelling reason not to do so. |
| (3) | Where integrated deliberation is conducted, it shall be deemed that review and deliberation by the following committees have been conducted: |
| 1. | A building committee under the Building Act; |
| 2. | A landscape committee under the Landscape Act; |
| 3. | A City/Do Educational Environment Protection Committee under the Educational Environment Protection Act; |
| 4. | A City/Do Urban Planning Committee under the National Land Planning and Utilization Act; |
| 5. | A traffic impact assessment deliberation committee under the Urban Traffic Improvement Promotion Act; |
| 6. | A disaster impact assessment deliberative committee under the Countermeasures against Natural Disasters Act. |
| Article 23 (Deemed authorization or permission) |
| (1) | When a project implementer has obtained authorization of a project implementation plan (where the project implementer falls under Article 14 (1) 1, referring to the time of preparing a project implementation plan), the following permission, approval, examination, authorization, report, license, registration, consultation, designation, rescission, or disposition, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed to have been granted, and when the project implementation plan has been publicly notified, public notice or public announcement of authorization, permission, etc. under the following statutes shall be deemed to have been made: |
| 1. | Permission under Article 11 of the Building Act, report under Article 14 of that Act, modification of permitted or reported matters under Article 16 of that Act, building permission for, or reporting on construction of, temporary buildings under Article 20 of that Act, and building consultation under Article 29 of that Act; |
| 2. | Permission to extract aggregate under Article 22 of the Aggregate Extraction Act; |
| 3. | Examination for publication of maps, etc., under Article 15 (4) of the Act on the Establishment and Management of Spatial Data and reporting on commencement, alteration, or completion of a project under Article 86 (1) of that Act; |
| 4. | Approval for a housing construction project plan under Article 35 of the Special Act on Public Housing; |
| 5. | Permission for use under Article 30 of the State Property Act and permission for use or profit-making under Article 20 of the Public Property and Commodity Management Act; |
| 6. | Authorization for an implementation plan under Article 88 of the National Land Planning and Utilization Act and public notice of an implementation plan under Article 91 of that Act; |
| 7. | Permission for, or report on, the installation of an emission facility under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, and Article 8 of the Noise and Vibration Control Act; |
| 8. | 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; |
| 9. | Designation of a logistics cluster under Article 22 of the Act on the Development and Management of Logistics Facilities (limited to where a logistics cluster is developed as part of a complex development project) and approval for an implementation plan for the development of a logistics cluster under Article 28 of that Act; |
| 10. | Permission to build private roads under Article 4 of the Private Road Act; |
| 11. | Permission for felling, etc. under Article 14 of the Erosion Control Work Act and rescission of designation of erosion control land under Article 20 of that Act; |
| 12. | Approval for the establishment, etc. of a factory under Article 123 of the Industrial Cluster Development and Factory Establishment Act; or reporting on the completion of establishment of a factory, etc. under Article 125 of that Act; |
| 13. | Permission for, or reporting on, the conversion of a mountainous district under Article 14 or 15 of the Mountainous Districts Management Act, permission for, or reporting on, the temporary use of a mountainous district under Article 15-2 of that Act, permission for the collection of earth and stone under Article 25 of that Act, and permission for, or reporting on, the cutting of standing trees, etc. under Article 36 (1) and (5) of the Creation and Management of Forest Resources Act; |
| 14. | Consent to building permission, etc. under Article 6 (1) of the Act on Installation and Management of Firefighting Systems, and permission to build a factory, etc. under Article 6 (1) of the Act on the Safety Control of Hazardous Substances (a factory, etc. shall be limited to factory buildings or facilities appurtenant thereto); |
| 15. | Consultation with a management authority under Article 5 of the Small River Maintenance Act, permission for implementation of a small river project under Article 10 of that Act, and permission for occupancy and use of small rivers under Article 14 of that Act; |
| 16. | Authorization for waterworks business under Articles 167 and 49 of the Water Supply and Waterworks Installation Act and authorization for construction of private-use waterworks and private-use industrial waterworks under Articles 52 and 54 of that Act; |
| 17. | Consultation on an energy use plan under Article 10 of the Energy Use Rationalization Act; |
| 18. | Establishment registration of superstores, etc. and registration for modification thereof under Article 8 of the Distribution Industry Development Act; |
| 19. | Permission to reinter an unclaimed grave under Article 27 of the Act on Funeral Services; |
| 20. | Authorization for, or reporting on, plans for works for establishing electric installations for private use under Article 8 of the Electrical Safety Act; |
| 21. | Approval for a project plan under Article 15 of the Housing Act; |
| 22. | Consultation on the propriety of integrated energy supply under Article 4 of the Integrated Energy Supply Act; |
| 23. | Approval for a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act; |
| 24. | Approval for, or reporting on, the installation of a wastes treatment facility under Article 29 of the Wastes Control Act; |
| 25. | Authorization for installation of public sewerage system under Article 11 of the Sewerage Act, permission to execute construction works of public sewerage systems under Article 16 of that Act, and permission to occupy and use public sewerage systems under Article 24 of that Act; |
| 26. | Consultation with, or approval by, the river management agency under Article 6 of the River Act, permission to execute river works under Article 30 of that Act, and permission to occupy and use a river under Article 33 of that Act. |
| (2) | Except as provided in paragraph (1), Articles 24 through 26 of the Framework Act on Administration shall apply to the standards, effects, etc. of the legal fiction as authorization, permission, etc. In such cases, “20 days” in the former part of Article 24 (4) of that Act shall be deemed “30 days”. |
| Article 24 (Request for sale) |
| (1) | The project implementer shall request in writing those who do not consent to the designation of the project implementer or the project implementation plan to respond as to whether they consent to the designation of an urban complex development innovation district under Article 8 (2) or the project implementation plan within 30 days from the date of public notice of authorization for the project implementation plan. |
| (2) | Upon receipt of a request under paragraph (1), the owners of land, etc. shall reply to the request within 2 months from the date of such request. |
| (3) | The owners of land, etc. who fail to reply to the request within the period referred to in paragraph (2), shall be deemed to have replied that they do not consent to the designation of an urban complex development innovation district or a project implementation plan. |
| (4) | After the expiration of the period referred to in paragraph (2), the project implementer may request the owners of land, etc. and the persons who own only buildings or land, who refused consent to the designation of an urban complex development innovation district or a project implementation plan, to transfer their ownership of the buildings or land and other rights and interests, within 2 months from the expiration of the period. |
| (5) | The project implementer shall negotiate with the following persons on compensation for land, buildings, or any other rights and interests within 90 days from the date of authorization for, and public notice of, a management and disposal plan; provided, the project implementer may commence consultations from the day following the date of the expiration of the filing period for applications for sale: |
| 1. | A person who has not filed an application for sale; |
| 2. | A person who withdrew his or her applications for sale before the expiration of the filing period for applications for sale; |
| 3. | A person ineligible to file an application for sale in accordance with Article 72 (6) of the Act on the Improvement of Urban Areas and Residential Environments, as applied mutatis mutandis in Article 36; |
| 4. | A person excluded from qualified purchasers authorized in accordance with the management and disposal plan authorized in accordance with Article 26. |
| (6) | If no agreement is reached through consultation under paragraph (5), the project implementer shall file a lawsuit requesting sale within 60 days from the day immediately following the expiration of the relevant period. |
| (7) | If a project implementer files a lawsuit requesting sale after the expiration of the period under paragraph (6), he or she shall pay interest for the number of delayed days to the relevant owner of land, etc. In such cases, interest shall be calculated based upon the interest rate prescribed by Presidential Decree within the range of not more than 15/100. |
| Article 25 (Application mutatis mutandis of other statutes to project implementation) |
| (1) | Articles 36 and 37 of the Act on the Improvement of Urban Areas and Residential Environments shall apply mutatis mutandis to the methods of consent, etc., in the following subparagraphs: |
| 1. | Consent under Article 6 (1) and the proviso of Article 6 (5); |
| 2. | Consent under Article 8 (2); |
| 3. | Consent under Article 11 (1) 1; |
| 4. | Consent under Article 11 (2) 1; |
| 5. | Consent under Article 11 (3) 1; |
| 6. | Consent under Article 46 (1). |
| (2) | Except as provided in this Act, Articles 29-2, 48 (3), 61, 62, 70, and 71 of the Act on the Improvement of Urban Areas and Residential Environments and Article 6 of the Urban Development Act shall apply mutatis mutandis to the implementation of complex development projects under this Act. |
| (3) | In the case of paragraphs (1) and (2), "improvement project," "redevelopment project," or "urban development project" shall be construed as "complex development project," "support organization for improvement projects" as "support organization for complex development projects," "implementer or person intending to become an implementer" as "project implementer or prospective project implementer," and "when designating an urban development zone or requesting or proposing the designation of an urban development zone" as "when designating an urban complex development innovation district or proposing the formulation of a complex development plan". |
SECTION 2 Management and Disposal Plan
| Article 26 (Authorization of management and disposal plan) |
| (1) | Upon expiration of the period for filing an application for sale under Article 29, the project implementer shall formulate a management and disposal plan, including the following matters, based on the application for sale and shall obtain authorization thereof from the head of a Si/Gun, etc.; the same shall also apply where it intends to modify, suspend, or abolish the management and disposal plan; provided, the project implementer shall report to the head of a Si/Gun, etc. to modify any minor matters prescribed by Presidential Decree: |
| 1. | A plan for building sites and units for sale; |
| 2. | Addresses and names of eligible purchasers; |
| 3. | The estimated value of the building site or unit to be sold to each eligible purchaser; |
| 4. | Details, estimated values, and methods of disposal of the following: |
| c. | Other appurtenant and welfare facilities; |
| 5. | Details of the land or building previously owned by each eligible purchaser and the price as at the date the authorization of the project implementation plan was publicly notified (in cases of a building demolished in accordance with Article 31 (3) before the project implementation plan was authorized, referring to the price as at the date the head of a Si/Gun, etc. permits such demolition; hereafter the same shall apply in Article 29 (1) 1); |
| 6. | Estimated values of the complex development project costs, the amount of the cost apportioned to the owners of land, etc., and the timing to pay the apportioned cost; |
| 7. | Details of rights previously held by eligible purchasers, except ownership of land or buildings; |
| 8. | Details of rights of each tenant and the appraised value of such rights for compensating tenants for losses; |
| 9. | Other matters prescribed by Presidential Decree regarding rights, etc. related to a complex development project. |
| (2) | When valuing property or rights in accordance with paragraph (1) 3, 5, or 8 in a complex development project, the following methods shall be used: |
| 1. | A price shall be determined by computing the arithmetic mean of the values appraised by at least 2 appraisal corporations, etc., selected and contracted by the head of a Si/Gun, etc. and among the appraisal corporations, etc. registered under the Act on Appraisal and Certified Appraisers; provided, the estimated value of the building sites or units for sale and the price of the previously owned land or buildings may be determined by agreement between the project implementer and all the owners of land, etc. in order to modify, suspend, or abolish a management and disposal plan: |
| 2. | When the head of a Si/Gun, etc. intends to select and contract appraisal corporations, etc. in accordance with subparagraph 1, he or she shall select appraisal corporations, etc. through an objective and transparent process, considering appraisal corporations' capabilities, the number of appraisers in each appraisal corporation, etc., appraisal performance, compliance with related laws, the validity of the appraisal plan, etc.; in such cases, matters necessary for the procedure, method, etc. for selecting appraisal corporations shall be prescribed by City/Do ordinance; |
| 3. | When a project implementer intends to undergo appraisal in accordance with subparagraph 1, he or she shall request the head of a Si/Gun, etc. to select and contract appraisal corporation, etc.; and shall pre-deposit an amount of money for appraisal fees; after appraisal is completed, the head of a Si/Gun, etc. shall directly pay appraisal fees from the deposited amount and then return the balance to the project implementer. |
| (3) | The project implementer shall notify each owner of land, etc., in writing, of the matters referred to in paragraph (1) 3 through 6 1 month before the scheduled date of the plenary meeting of the owners of land, etc. to pass a resolution on the matter referred to in Article 16 (1) 4. |
| Article 27 (Standards for formulation of management and disposal plan) |
Details of the management and disposal plan under Article 26 (1) shall comply with the following standards:
| 1. | The project implementer shall ensure that building sites or buildings are proportionately distributed to applicants for sale and are reasonably used, comprehensively considering the area, special use, environment, and other factors of land or buildings previously owned by such applicants; |
| 2. | The surface area of excessively narrow or broad land or buildings shall be increased or reduced to make the size of the building sites or buildings become reasonable; |
| 3. | Cash settlements may be paid to persons who have acquired an excessively narrow land or excessively small buildings or land partitioned after the designation of an urban complex development innovation district; |
| 4. | When particularly necessary to adjust the size of land to prevent disasters or hygiene risks, compensation may be made in lieu of land by expanding the excessively narrow land or by granting co-owning shares in part of a building and the site on which such building stands; |
| 5. | A plan for building sites and units for sale shall be formulated as at the last day of the period for filing an application for sale under Article 29; |
| 6. | 1 housing unit shall be supplied to 1 household or 1 person who owns at least 1 housing unit or land; while only 1 housing unit shall be supplied to at least 2 persons who do not belong to 1 household, if they co-own 1 housing unit or land; provided, at least 1 housing unit may be supplied where the size, price, location, use, etc. of the housing unit or land by co-owner falls under any of the following: |
| a. | Where at least 2 persons who do not belong to the same household co-own 1 housing unit or land, if the value of rights owned by each co-owner (including the total value of rights to any building other than the housing unit) equals or exceeds the estimated supply price of the smallest multi-family housing unit among the supplied housing units for sale, 1 housing unit may be supplied to each co-owner; |
| b. | Any of the following owners may be supplied as many housing units as he or she owns: |
1) An owner of land, etc. not located in an over-concentration control region under Article 6 (1) 1 of the Seoul Metropolitan Area Readjustment Planning Act;
2) An owner of land, etc., who own housing units as accommodation or dormitories for employees (including employees as public officials);
3) A person falling under Article 14 (1) 1 through 3.
| Article 28 (Base date for calculating rights) |
| (1) | Where a building to be sold through a complex development falls under any of the following cases, a right to purchase such building shall be determined as of the day immediately following the date of public notice of the designation of an urban complex development innovation district under Article 9 (3) or date when the Mayor/Do Governor, etc. separately determines before designating and publicly notifying the urban complex development innovation district to control speculation (hereafter in this Article referred to as "base date"): |
| 1. | Where 1 lot of land is divided into several lots; |
| 2. | Where a detached housing unit or multi-unit housing unit is converted to a multi-household housing unit; |
| 3. | Where land and a building, such as a housing unit, owned by the same person and located on 1 building site are owned as separate assets by separating such land and a building, such as a housing unit; |
| 4. | Where the number of owners of land, etc. increases after a new building is constructed in a vacant lot or after an existing building is demolished and multi-household housing or any other multi-family housing is constructed. |
| (2) | Where the Mayor/Do Governor, etc. separately determines a base date in accordance with paragraph (1), he or she shall give public notice of the base date, the grounds for designation, the criteria for calculating a right to purchase a building, etc. in the public gazette of the relevant local government. |
| Article 29 (Application for sale and authorization procedures for management and disposal plans) |
| (1) | A project implementer shall notify the owners of land, etc. of the following matters within 120 days from the date of public notice of authorization of a project implementation plan under Article 18 (6) and shall publicly announce the matters prescribed by Presidential Decree, including details of the building sites or buildings for sale, in a daily newspaper published in the relevant area; provided, this shall not apply to a complex development project implemented by 1 owner of land, etc.: |
| 1. | Details of the land or building previously owned by each eligible purchaser and the price as at the date of public notice of authorization of a project implementation plan; |
| 2. | The estimated amount of the charge apportioned to each eligible purchaser; |
| 3. | The period for filing applications for sale; |
| 4. | Other matters prescribed by Presidential Decree. |
| (2) | The period for filing an application for sale under paragraph (1) 3 shall be at least 30 to 60 days from the date of notice; provided, a project implementer may extend the period for filing an application for sale only once by up to 20 days, if it recognizes such extension will not impede the formulation of a management and disposal plan under Article 26 (1). |
| (3) | An owner of land, etc. who intends to purchase a building site or unit shall file an application for sale with the project implementer in accordance with the method and procedure prescribed by Presidential Decree within the period for filing an application for sale under paragraph (2). |
| (4) | A project implementer shall make copies of related documents available to the owners of land, etc. for public perusal and gather their consensus during at least 30 days before applying for the authorization of a management and disposal plan under Article 26; provided, modification of any minor matters prescribed by Presidential Decree falling under subparagraph 2 of in accordance with the proviso, with the exception of the subparagraphs, of Article 26 (1) requires no procedures for public perusal and gathering opinions from the owners of land, etc. |
| (5) | The head of a Si/Gun, etc. shall determine whether he or she authorizes a management and disposal plan within 30 days from the date of the project implementer‘s application for authorization of his or her management and disposal plan and shall notify the project implementer of his or her determination. |
| (6) | When the head of a Si/Gun, etc. authorizes a management and disposal plan in accordance with paragraph (5), he or she shall give public notice of the details of the plan in the public gazette of the relevant local government. |
| Article 30 (Disposal under management and disposal plans) |
| (1) | Building sites and buildings created by the implementation of a complex development project shall be managed and disposed of in accordance with the relevant management and disposal plan. |
| (2) | A project implementer shall supply buildings constructed by implementing a complex development project to the owners of land, etc. in accordance with its management and disposal plan authorized in accordance with Article 26. |
| (3) | A project implementer who builds housing within a complex development project zone may separately determine the conditions of, methods and procedures for, recruiting occupants, and the methods, period, and procedures for making payments for housing units (referring to the deposit, intermediate payment, and balance), and the methods and procedures for supplying housing units, etc. within the limits prescribed by Presidential Decree, upon obtaining approval from the head of the Si/Gun, etc., notwithstanding Article 54 of the Housing Act. |
| (4) | If some units remain unsold after receiving applications for sale under Article 29, the project implementer may designate such remaining units as reserved area (including buildings) for the purposes prescribed by the implementation rules or the project implementation plan, or may sell such units to any person other than owners of land, etc. In such cases, public announcement of sale, procedures for filing applications for sale, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 31 (Discontinuance of exercise of usufruct on buildings and demolition thereof) |
| (1) | If authorization of a management and disposal plan is publicly notified under Article 29 (6), no title holder, including an owner, a person with superficies, a person with a right to lease on deposit basis, or a leaseholder, of the previously owned land or buildings shall use or make profit from the previously owned land or buildings until transfer of ownership is publicly notified under Article 34; provided, this shall not apply in the following cases: |
| 1. | Where consent is obtained from the relevant project implementer; |
| 2. | Where compensation for losses under of Article 24 (5) through (7) has not been completed. |
| (2) | A project implementer shall demolish existing buildings after obtaining authorization of his or her management and disposal plan under Article 26 (1). |
| (3) | Notwithstanding paragraph (2), a project implementer may demolish existing buildings after obtaining consent from the owners of the existing buildings and permission from the head of the relevant Si/Gun in any of the following circumstances. In such cases, the demolition of such buildings does not affect any rights and obligations of the owners of land or other property: |
| 1. | Where an accident, such as collapse of an existing building, or any other event prescribed in the Framework Act on the Management of Disasters and Safety, the Housing Act, the Building Act or in any other relevant statute or regulation, is likely to occur; |
| 2. | Where a crime is likely to occur due to the clustering of vacant and abandoned houses. |
| (4) | When a project implementer demolishes existing buildings in accordance with paragraph (2) or evict possessors for such demolition, the head of a Si/Gun, etc. may restrict the demolition of buildings or the eviction of possessors at the following relevant time: |
| 1. | A period between before sunrise and after sunset; |
| 2. | When the Administrator of the Korea Meteorological Administration issues a severe weather alert in accordance with Article 13-2 of the Weather Act because a serious disaster is likely to occur in the relevant area due to a heavy rain, heavy snow, storm surge, seismic sea wave, typhoon, strong wind, wind wave, cold wave or other event; |
| 3. | When a disaster under Article 3 of the Framework Act on the Management of Disasters and Safety occurs; |
| 4. | The time the head of the Si/Gun, etc. deems equivalent to that referred to in subparagraphs 1 through 3. |
SECTION 3 Measures Following Completion of Construction Works
| Article 32 (Authorization for completion) |
| (1) | When a project implementer (excluding a project implementer who is the head of a Si/Gun, etc.) completes construction works of a complex development project, he or she shall prepare a construction completion report as prescribed by Decree of the Ministry of Land, Infrastructure, and Transport and obtain authorization for completion of the project from the head of a Si/Gun, etc. |
| (2) | Upon receipt of an application for authorization of completion in accordance with paragraph (1), the head of a Si/Gun, etc. shall perform a final inspection without delay. In such cases, the head of the Si/Gun, etc. may entrust the completion inspection to any related administrative agency, Government-invested institution, research institute, or any other specialized agency or organization, if necessary to efficiently conduct the completion inspection. |
| (3) | If the head of a Si/Gun, etc. concludes, as a result of a completion inspection conducted under paragraph (2), that a complex development project has been completed according to the authorized project implementation plan, the head of a Si/Gun, etc. shall grant authorization for completion of the project and give public notice of the completion of the project in the public gazette of the relevant local government. |
| (4) | When construction works for a complex development project directly implemented by the head of a Si/Gun, etc. are completed, the head of a Si/Gun, etc. shall give public notice of the completion in the public gazette of the relevant local government. |
| (5) | If a project implementer intends to obtain approval for the temporary use of the portion of which construction has been completed before receiving authorization of completion, he or she shall submit an application for approval for temporary use (including submission in electronic documents) to the head of the relevant Si/Gun, etc., as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (6) | Procedures and methods for publicly notifying the completion of construction works under paragraphs (3) and (4) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 33 (Legal fiction of relevant authorization and permission following construction completion) |
| (1) | When completion of construction works is authorized or publicly notified in accordance with Article 32, it shall be deemed that the head of a Si/Gun, etc. has passed and obtained the relevant completion inspection, completion authorization, pre-use inspection, approval of use, etc. (hereinafter referred to as "completion inspection, authorization, etc.") according to the authorization, permission, etc. deemed granted or issued in accordance with Article 23. |
| (2) | Except as provided in paragraph (1), Articles 24 through 26 of the Framework Act on Administration shall apply to the standards, effects, etc. of the legal fiction as authorization, permission, etc. In such cases, "20 days" in the former part of Article 24 (4) of that Act shall be deemed "15 days". |
| Article 34 (Public notice of transfer) |
| (1) | When the completion of construction works is publicly notified under Article 32 (3) or (4), the project implementer shall conduct a boundary survey without delay, complete the procedures for partitioning the land, notify persons entitled to a building site or structure of the matters specified in the management and disposal plan, and then transfer the ownership of such building site or building to such persons; provided, if necessary for implementing a complex development project efficiently, the ownership of the completed section may be transferred to persons entitled to a building site or building after obtaining authorization of completion, even before construction works for the relevant complex development project are fully completed. |
| (2) | When a project implementer intends to transfer the ownership of a building site or building in accordance with paragraph (1), he or she shall give public notice of the details of the transfer in the public gazette of the relevant local government, and shall report the same to the head of a Si/Gun, etc. In such cases, the person entitled to the building site or building shall acquire ownership therein on the day immediately following the date of such public notice. |
| Article 35 (Confirmation of rights in building sites and buildings) |
| (1) | Where the ownership of a building site or building is transferred to a person entitled thereto in accordance with Article 34 (2), any registered right created regarding land or building previously owned by the person, such as superficies, right to lease on a deposit basis, mortgage, leasehold right, provisionally registered security right or provisional seizure, and leasehold right that satisfies the requirements referred to in Article 3 (1) of the Housing Lease Protection Act shall be deemed created regarding the building site or building, ownership in which is transferred. |
| (2) | Where a complex development project is implemented in the manner referred to in subparagraph 1 of Article 13, a building site or building sold to the owner of land, etc., among building sites or buildings acquired in accordance with paragraph (1), shall be deemed land replotted in accordance with Article 40 of the Urban Development Act. |
| Article 36 (Application mutatis mutandis of the Act on the Improvement of Urban Areas and Residential Environments to management and disposal plan) |
| (1) | Except as provided in this Act, Articles 72 (4) through (6), 74 (2) through (7), 78, 82, 84, 88 through 91, 92 (1), 93, 94, 98, and 99 of the Act on the Improvement of Urban Areas and Residential Environments shall apply mutatis mutandis to the management and disposal plan, public announcement for sale, application for sale, etc. in complex development projects. |
| (2) | In the case of paragraph (1), "improvement zone" or "redevelopment zone" shall be construed as "urban complex development innovation district," "improvement project" or "redevelopment project" as "complex development project," "articles of association, etc." as "implementation rules", "resolution of the plenary meeting" as "resolution of the plenary meeting of owners of land, etc.", "association" as "project implementer", "association member" as "owner of land, etc. (excluding those subject to request for sale under Article 24)", and "improvement infrastructure" as "infrastructure". |
CHAPTER IV SIMPLIFICATION OF PROCEDURES AND SUPPORT FOR COMPLEX DEVELOPMENT PROJECTS
| Article 37 (Regulatory exceptions for formulating complex development plans) |
| (1) | The Mayor/Do Governor, etc. may designate an urban complex development innovation district where a growth hub type complex development project is implemented as an urban innovation zone under Article 40-3 of the National Land Planning and Utilization Act. In such cases, procedures for designation shall be governed by the National Land Planning and Utilization Act. |
| (2) | Where necessary to facilitate the smooth implementation of a complex development project, the Mayor/Do Governor, etc. may establish and apply relaxed standards within the scope prescribed by Presidential Decree, notwithstanding the provisions related to the following: |
| 1. | Restrictions on the construction of buildings, etc. in special-purpose areas and special-purpose districts under Article 76 of the National Land Planning and Utilization Act; |
| 2. | Restrictions on the building-to-land ratio under Article 77 of the National Land Planning and Utilization Act; |
| 3. | Limit on the floor area ratio under Article 78 of the National Land Planning and Utilization Act; |
| 4. | Standards for securing urban parks or green areas under Article 14 of the Act on Urban Parks and Green Areas. |
| Article 38 (Public contributions) |
| (1) | When a project implementer is subject to the regulatory exemptions under Article 37, he or she shall construct or install the following facilities; provided, when the project implementer conducts development, as prescribed by City/Do ordinance, such as the construction of performance and exhibition halls or the installation of smart city infrastructure, for the establishment of urban growth foundations and the revitalization of the local economy, or pays the costs necessary for the construction or installation of each subparagraph, he or she may be partially substituted. |
| 1. | Infrastructure and living infrastructure; |
| 2. | Public facilities under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act; |
| 3. | Housing of the national standard housing size under subparagraph 6 of Article 2 of the Housing Act (hereinafter referred to as "housing of national standard housing size"; limited to cases of construction and supply of housing following a complex development project). |
| (2) | Where a project implementer intends to construct housing through a complex development project, the project implementer shall construct housing of the national standard housing size within the range of up to 50/100 of the floor area ratio calculated by deducting the floor area ratio prescribed in accordance with Article 78 (1) of the National Land Planning and Utilization Act from the floor area ratio determined by the complex development plan, in accordance with the ratio prescribed by Presidential Decree, and shall supply such housing to the Minister of Land, Infrastructure and Transport, the head of the competent local government, the Korea Land and Housing Corporation, or a local corporation in accordance with the Local Public Enterprises Act to perform housing projects (hereinafter referred to as "acquirer"). |
| (3) | An acquirer shall supply housing of national standard housing size supplied in accordance with paragraph (2) as public sale housing units under the Special Act on Public Housing (hereinafter referred to as "public sale housing units") and public rental housing units under the Special Act on Public Housing (hereinafter referred to as "public rental housing units"), as prescribed by Presidential Decree. |
| (4) | The supply price of housing units under paragraph (2) shall be the construction cost for basic type publicly notified by the Minister of Land, Infrastructure and Transport in accordance with Article 57 (4) of the Housing Act when acquired for the purpose of supplying public sale housing units, and the price of the appurtenant land shall be prescribed by Presidential Decree within the range of at least 50/100 of the appraised value; and when acquired for the purpose of supplying public rental housing units, the supply price shall be the standard construction cost of publicly-constructed rental housing publicly notified by the Minister of Land, Infrastructure and Transport in accordance with Article 50-4 of the Special Act on Public Housing, and the appurtenant land shall be deemed donated to the acquirers. |
| (5) | Matters necessary for the procedures, utilization, etc. for the acquisition of housing of national standard housing size shall be prescribed by Presidential Decree. |
| Article 39 (Reduction of, or exemption from, charges on project implementers) |
The State and local governments may reduce or exempt a project implementer from, or may not impose on him or her infrastructure installation costs under subparagraph 20 of Article 2 of the National Land Planning and Utilization Act for the revitalization of urban areas, as prescribed by Presidential Decree.
| Article 40 (Support organization for complex development project) |
| (1) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor, etc. may designate any of the following institutions as a support organization for the complex development project (hereinafter referred to as "support organization for complex development project") to facilitate complex development projects: |
| 1. | The Korea Land and Housing Corporation; |
| 2. | The Korea Real Estate Board established in accordance with the Korea Real Estate Board Act; |
| 3. | Local public enterprises established to implement housing projects in accordance with the Local Public Enterprises Act; |
| 4. | Any other public institution prescribed by Presidential Decree. |
| (2) | A support organization for complex development projects may vicariously perform the following business affairs: |
| 1. | Policy support for a complex development project; |
| 2. | Support for consultation and education on a complex development project; |
| 3. | Support for formulation of project implementation plans and management and disposal plans for a complex development project; |
| 4. | Support for the formulation of complex development plans and support for the management of complex development projects; |
| 5. | Verification of construction costs; |
| 6. | Other business affairs prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (3) | The State or a local government may fully or partially subsidize the expenses incurred in operating a support organization for complex development projects. |
| (4) | Matters regarding the composition, operation, etc. of a support organization for complex development projects shall be prescribed by Presidential Decree. |
| Article 41 (Entry to other persons' land) |
| (1) | When it is necessary for the head of a Si/Gun, etc. to designate an urban complex development innovation district and determine and publicly notify a complex development plan or for a project implementer to implement a complex development plan, he or she may have access to or temporarily use any third party's land, or change or remove trees, earth, stones, or other obstacles. |
| (2) | Article 130 of the National Land Planning and Utilization Act shall apply mutatis mutandis to access to any third party's land, etc. under paragraph (1). In such cases, the “implementer of urban and rural planning facility projects" shall be deemed as the "project implementer". |
| Article 42 (Reversion of public facilities) |
Where a project implementer installs a new public facility or replaces an existing public facility through a complex development project, Articles 65 and 99 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the reversion of such public facility.
| Article 43 (Preparation of relocation Measures) |
| (1) | A project implementer shall compensate owners and tenants who have resided or conducted business activities in the urban complex development innovation district for at least 3 months as of the date of designation and public notice under Article 9 for relocation expenses, etc. In such cases, detailed matters of the scope, timing, etc. of compensation for owners and tenants shall be prescribed by Presidential Decree. |
| (2) | A project implementer shall take measures to support relocation, such as arranging housing loans, for the owners and tenants of houses that are to be demolished to implement the relevant project. |
| Article 44 (Public inspection and keeping of relevant documents) |
| (1) | A project implementer may request the head of a registry office or any other relevant administrative agency for permission to peruse and reproduce necessary documents or to issue a certified or abridged copy of such documents free of charge if necessary to implement a complex development project. |
| (2) | A project implementer shall disclose the following matters by publishing them in the Official Gazette, public gazette of the relevant local government, daily newspapers, on websites, through broadcasting, etc. so that owners of land, etc. and other interested persons may learn them: |
| 1. | Where implementation rules, etc. are prescribed, the details thereof; |
| 2. | Matters a project implementer shall submit for public perusal, publicly announce, or give notice; |
| 3. | Details of the formulation and authorization of a complex development plan and a project implementation plan; |
| 4. | Other matters prescribed by Presidential Decree for implementing a complex development project. |
| (3) | A project implementer shall keep documents, drawings, etc. referred to in the subparagraphs of paragraph (2) at the main office in an area in which a complex development project is implemented, and where a right-holder requests public perusal or reproduction in relation to land, etc. in the urban complex development innovation district zone, the project implementer shall permit such inspection or reproduction to the right-holder, except for personal information. In such cases, the reproduction may be made at the expense of the requester up to expenses actually incurred therein. |
| (4) | Where a project implementer has completed or discontinued a complex development project, he or she shall transfer the relevant documents or drawings to the Mayor/Do Governor, etc., as prescribed by Decree of the Ministry of the Land, Infrastructure and Transport. |
| (5) | The Mayor/Do Governor, etc. who has received the relevant documents in accordance with paragraph (4) shall keep the relevant documents of the complex development project for a period prescribed by Decree of the Ministry of the Land, Infrastructure and Transport. |
| Article 45 (Reporting and inspections) |
| (1) | If deemed necessary for implementing a complex development project, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor, etc. may require a project implementer (excluding where the head of a Si/Gun, etc. is a project implementer) to make a necessary report or submit data, and may have a public official under his or her jurisdiction inspect business affairs regarding the complex development project and matters regarding accounting. |
| (2) | A public official who inspects business affairs or accounting in accordance with paragraph (1) shall carry an identification indicating his or her authority and present it to the relevant person. |
| (3) | Matters necessary for certificates under paragraph (2) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| Article 46 (Public contributors) |
| (1) | Owners of land, etc. may request the Mayor/Do Governor, etc., with the consent of the majority, to have a public institution falling under Article 14 (1) 2 or 3 invest in a complex development project. In such cases, matters necessary for the scope, method, timing, etc. of the investment shall be prescribed by Presidential Decree. |
| (2) | A public institution that has invested in a complex development project in accordance with paragraph (1) (hereinafter referred to as "public contributor") may perform the business affairs to support the owners of lands, etc., such as on-site investigations and dispute mediation, to the extent necessary for the smooth implementation of the complex development project. |
| (3) | A public contributor may acquire housing units of the national standard housing size supplied in accordance with Article 38 (2) with priority over other transferees, taking into account the scale of investment. |
| Article 47 (Legal fiction of public officials when applying penalty provisions) |
A non-public official member of the integrated deliberative commission shall be deemed to be a public official for purposes of applying Articles 129 through 132 of the Criminal Act.
CHAPTER V PENALTY PROVISIONS
| Article 48 (Penalty provisions) |
| (1) | A person who forges a Consent Form submitted by the owner of a plot of land or structure under Article 36 of the Act on the Improvement of Urban Areas and Residential Environments applied mutatis mutandis in accordance with Article 25 (1) shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 50 million won. |
| (2) | A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 3 years, or by a fine not exceeding 30 million won: |
| 1. | A person who obtains designation as a project implementer under Article 14 (1) by improper means; |
| 2. | A person who selects, or is selected as, a constructor, in violation of Article 17 (1); |
| 3. | A person who obtains authorization of a project implementation plan under Article 18 (1) by improper means; |
| 4. | A person who sells or purchases a Consent Form submitted by the owner of a plot of land or structure under Article 36 of the Act on the Improvement of Urban Areas and Residential Environments applied mutatis mutandis in accordance with Article 25 (1); |
| 5. | A person who obtains authorization of the management and disposal plan under Article 26 (1) by improper means. |
| (3) | A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 2 years, or by a fine not exceeding 20 million won: |
| 1. | A person who fails to obtain permission or permission for change or engages in an activity with permission or permission for change obtained by fraud or other improper means, in violation of Article 10 (1); |
| 2. | A person who implements a complex development project without obtaining authorization of a project implementation plan under Article 18 (1); |
| 3. | A person who transfers ownership under Article 34 without obtaining authorization of the management and disposal plan under Article 26 (1). |
| (4) | A person who uses land and buildings developed in accordance with a complex development project without obtaining authorization of completion under Article 32 (1) or approval for temporary use under Article 32 (5) shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won. |
| Article 49 (Joint penalty provision) |
Where the representative of a corporation or the agent, employee, or servant of a corporation or individual commits a violation under Article 48 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.
| Article 50 (Administrative fines) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by the imposition of an administrative fine not exceeding 10 million won: |
| 1. | A person who refuses, interferes with, or evades a survey or measurement under Article 6 of the Urban Development Act applied mutatis mutandis in accordance with Article 25 (2); |
| 2. | A person who refuses, interferes with, or evades an inspection under Article 45 (1). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: |
| 1. | A person who performs any act under Article 41 (1) without obtaining permission or consent under Article 130 (2) through (4) of the National Land Planning and Utilization Act applied mutatis mutandis in accordance with Article 41 (2); |
| 2. | A person who fails to transfer relevant documents or drawings under Article 44 (4); |
| 3. | A person who fails to report or submit data or submits a false report or data in violation of Article 45 (1). |
| (3) | The Minister of Land, Infrastructure and Transport or the head of a local government shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by Presidential Decree. |
ADDENDA <Act No. 20235, Feb. 6, 2024>
Article 1 (Enforcement Date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 Omitted.
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 has yet to arrive, 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.
Articles 2 through 6 Omitted.
Article 7 Omitted.
Article 8 Omitted.