CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Special Act on the Creation and Fostering of Urban Convergence Special Zone and matters necessary for the enforcement thereof.
| Article 2 (Scope of linked projects of urban convergence special zone) |
"Projects prescribed by Presidential Decree" in subparagraph 3 i of Article 2 of the Special Act on the Creation and Fostering of Urban Convergence Special Zone (hereinafter referred to as the "Act") means the following projects:
| 1. | Development projects of general property entrusted in accordance with Article 42 (3) of the State Property Act and Article 38 (5) 1 of the Enforcement Decree of that Act; |
| 2. | Urban or Gun planning facility projects referred to in subparagraph 10 of Article 2 of the National Land Planning and Utilization Act; |
| 3. | Projects of constructing and supplying publicly-funded private rental housing referred to in subparagraph 4 of Article 2 of the Special Act on Private Rental Housing; |
| 4. | Small-scale housing improvement projects referred to in Article 2 (1) 3 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement; |
| 5. | Market improvement projects under subparagraph 6 of Article 2 of the Special Act on the Development of Traditional Markets and Shopping Districts and commercial area revitalization projects under Article 19-4 (1) of that Act; |
| 6. | Housing construction projects and housing site preparation projects under Article 15 of the Housing Act; |
| 7. | Housing site development projects under subparagraph 4 of Article 2 of the Housing Site Development Promotion Act; |
| 8. | Other projects similar to those referred to in each item of subparagraph 3 of Article 2 of the Act and subparagraphs 1 through 7, which are designated and publicly notified by the Minister of Land, Infrastructure and Transport after undergoing deliberation by the City Development Committee under Article 39 of the Special Act on the Development of Enterprise Cities (hereinafter referred to as the "City Development Committee"), or projects in a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"), other than the Seoul Metropolitan Area (hereinafter referred to as the "Seoul Metropolitan Area") under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act, and projects prescribed by ordinances of large cities under Article 3 (1). |
CHAPTER II FORMULATION OF COMPREHENSIVE DEVELOPMENT PLAN FOR URBAN CONVERGENCE SPECIAL ZONE
| Article 3 (Comprehensive development plan for urban convergence special zone) |
| (1) | “Si with a population exceeding the number prescribed by Presidential Decree" in Article 7 (4) of the Act means a large city with a population of at least 500,000 (including local governments deemed as large cities with a population of at least 500,000 in accordance with the proviso, with the exception of its subparagraphs, of Article 58 (1) of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development; hereinafter referred to as "large city"), other than Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities under Article 198 (1) of the Local Autonomy Act. |
| (2) | Persons falling under each of the following subparagraphs, upon receipt of a request from the Minister of Land, Infrastructure and Transport in accordance with Article 7 (4) of the Act to submit matters necessary to be reflected in the comprehensive development plan for urban convergence special zone (hereinafter referred to as the "comprehensive development plan") under paragraph (1) of that Article, shall submit the matters to be reflected to the Minister of Land, Infrastructure and Transport within 30 days from the date of the request: |
| 1. | The heads of relevant central administrative agencies; |
| 2. | A Metropolitan City Mayor in an area other than the Seoul Metropolitan Area, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, and the head of a large city (hereinafter referred to as "Mayor/Do Governor, etc."). |
| (3) | Where the heads of relevant central administrative agencies receive a request for consultation on the formulation and modification of the comprehensive development plan from the Minister of Land, Infrastructure and Transport in accordance with Article 7 (5) of the Act, they shall submit their opinions on the formulation and modification of the comprehensive development plan to the Minister of Land, Infrastructure and Transport within 20 days from the date of receipt of such request. |
| (4) | Where the Minister of Land, Infrastructure and Transport formulates the comprehensive development plan in accordance with Article 7 (1) of the Act or modifies it in accordance with paragraph (3) of that Article, he or she shall give public notice of the details and reasons thereof in the Official Gazette. |
CHAPTER III DESIGNATION AND CREATION OF URBAN CONVERGENCE SPECIAL ZONE
SECTION 1 Designation of Urban Convergence Special Zone
| Article 4 (Application for designation of urban convergence special zone) |
| (1) | Where a Mayor/Do Governor, etc., applies for the designation of an urban convergence special zone in accordance with Article 8 (1) of the Act, he or she shall submit to the Minister of Land, Infrastructure and Transport an application for the designation of the urban convergence special zone prescribed by Decree of the Ministry of Land, Infrastructure and Transport, accompanied by the basic plan for the creation and fostering of an urban convergence special zone (hereinafter referred to as the "basic plan for urban convergence special zone"). |
| (2) | The Minister of Land, Infrastructure and Transport who has received an application for designation of an urban convergence special zone under paragraph (1) shall verify cadastral maps and forestry maps of the prospective urban convergence special zone through administrative data matching under Article 36 (1) of the Electronic Government Act. |
| (3) | "Matters prescribed by Presidential Decree" in Article 8 (3) 19 of the Act means the following: |
| 1. | Measures for interlinking between the development project for urban convergence special zone (hereinafter referred to as "special zone development project") and the linked project of urban convergence special zone (hereinafter referred to as "special zone linked project"); |
| 2. | Plans for accommodation of the population and housing supply; |
| 3. | Matters necessary for holding consultations with the heads of relevant administrative agencies under each subparagraph of Article 11 (1) of the Act; |
| 4. | Other matters that the Minister of Land, Infrastructure, and Transport deems necessary for the creation and fostering of urban convergence special zones. |
| (4) | Where a Mayor/Do Governor, etc. intends to hear the opinions of residents in accordance with Article 8 (4) of the Act, he or she shall publicly announce the main details of the draft basic plan for urban convergence special zone in at least 1 daily newspaper mainly circulated in the relevant area, as well as in the public gazette and on the website of the relevant local government, and shall make the draft basic plan for urban convergence special zone available for public perusal for not less than 14 days. |
| (5) | A person who has an opinion against the matters publicly announced or made available for public perusal in accordance with paragraph (4) may submit his or her opinion to the head of the Mayor/Do Governor, etc. during the perusal period under paragraph (4). |
| (6) | Where a Mayor/Do Governor, etc. intends to hold a public hearing in accordance with Article 8 (4) of the Act, he or she shall publicly announce the following matters at least once no later than 14 days before the scheduled date of the public hearing in at least 1 daily newspaper circulated mainly in the relevant area, as well as in the public gazette and on the website of the relevant local government: |
| 1. | Purposes of holding the public hearing; |
| 2. | Scheduled date, time, and place for holding the public hearing; |
| 3. | Designation of urban convergence special zones and overview of the draft basic plan for urban convergence special zones; |
| 4. | Matters regarding applications to present opinions; |
| 5. | Other matters necessary for holding the public hearing. |
| Article 5 (Designation of urban convergence special zone and modified designation thereof) |
Where the Minister of Land, Infrastructure and Transport designates an urban convergence special zone in accordance with Article 9 (1) of the Act, he or she shall publicly notify the following matters in the Official Gazette in accordance with the former part of paragraph (4) of that Article (in the case of designating the modified urban convergence special zone in accordance with paragraph (6) of that Article, referring to the modified matters):
| 1. | The name, location, and area of the urban convergence special zone; |
| 2. | The purpose of designation of urban convergence special zones; |
| 3. | Matters regarding special zone development projects and special zone linked projects including the following matters: |
| a. | Location and size by project; |
| b. | Name and location of the implementer of the special zone development project (hereinafter referred to as "project implementer") designated in accordance with Article 14 of the Act; |
| c. | Implementation methods and timing by project and land use plan; |
| d. | Matters regarding financing methods, plans for major infrastructure, and financial support for such expenses, etc.; |
| 4. | Matters regarding industries to be intensively nurtured in urban convergence special zones; |
| 5. | Matters regarding the attraction of domestic and foreign enterprises, research and development institutions, etc.; |
| 6. | A plan to install infrastructure under subparagraph 6 of Article 2 of the National Land Planning and Utilization Act; |
| 7. | A plan for accommodation of the population and housing supply; |
| 8. | Land, buildings, or fixtures on the land to be expropriated or used, rights thereto other than ownership, location, lot number, category, area, and details of ownership and rights other than ownership of mining rights, fishing rights, aquaculture business rights, and rights to use water (hereinafter referred to as "land, etc.") and the names and addresses of the owners and the rights holders; |
| 9. | Other matters that the City Development Committee deems necessary. |
| Article 6 (Minor modification for designation of urban convergence special zone) |
"Where minor matters prescribed by Presidential Decree are modified" in the proviso of Article 9 (6) of the Act means the following; in such cases, subparagraphs 3 and 4 means cases where the cumulative total of modification falls within the scope under the respective subparagraphs:
| 1. | Where the location of the project implementer is changed; |
| 2. | Where the representative of the project implementer is changed; |
| 3. | Where the area of an urban convergence special zone is changed by up to 10 percent; |
| 4. | Where the area of a special zone development project is changed by up to 10 percent; |
| 5. | Where the area of each facility under a major infrastructure plan is changed by up to 50 percent; |
| 6. | Where the annual investment plan is changed within the scope of total business costs; |
| 7. | Where changed matters are reflected following the enactment, amendment, or repeal of other statutes or regulations; |
| 8. | Where other obvious errors, such as miscalculation, clerical error, omission, or equivalent thereto, are corrected. |
| Article 7 (Deliberation on important policies on urban convergence special zone) |
| (1) | "Matters prescribed by Presidential Decree" in Article 10 (1) 7 of the Act means the following: |
| 1. | Matters regarding changes to policies and systems related to urban convergence special zones; |
| 2. | Matters regarding the coordination of opinions with the heads of central administrative agencies and the Mayor/Do Governor, etc. regarding urban convergence special zones; |
| 3. | Matters regarding prevention of urban sprawl of urban convergence special zones and measures to stabilize real estate prices thereof. |
| (2) | A person who intends to undergo integrated deliberation under Article 10 (2) of the Act shall submit documents related to each subparagraph of that paragraph to the City Development Committee and may attach a final opinion, if necessary. |
| Article 8 (Acts subject to permission) |
| (1) | A person who intends to engage in any of the following acts in a special zone development project area shall obtain permission from the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) in accordance with the former part of Article 12 (1) of the Act: |
| 1. | Construction of buildings: Construction, substantial repair, or change of use, of a building (including a temporary building; hereafter in this paragraph the same shall apply) under Article 2 (1) 2 of the Building Act; |
| 2. | Installation of structures: Installation of artificially manufactured establishments (excluding any buildings under Article 2 (1) 2 of the Building Act); |
| 3. | Change of the form or quality of land: Change of the shape of land by cutting, filling, leveling, paving, etc.; land excavation; or reclamation of public waters; |
| 4. | Extraction of earth and rocks: Extraction of earth and rocks, such as soil, sand, gravel, and rock; provided, where such extraction aims at changing the form and quality of land, subparagraph 3 shall apply; |
| 5. | Partitioning and merger of land; |
| 6. | Piling-up of goods: Piling-up of goods not easily movable for at least 1 month. |
| (2) | Where the head of a Si/Gun/Gu intends to grant permission for any of the acts under each subparagraph of paragraph (1) of this Article in accordance with Article 12 (1) of the Act and if a project implementer has been designated in accordance with Article 14 of the Act, the head of the Si/Gun/Gu shall hear the opinion of the project implementer in advance. In such cases, the project implementer shall submit his or her opinion within 10 days from the date of receipt of request for submission of opinions by the head of the Si/Gun/Gu. |
| (3) | "Acts prescribed by Presidential Decree" in Article 12 (2) 3 of the Act means any of the following, not subject to permission for development activity under Article 56 of the National Land Planning and Utilization Act: |
| 1. | Installation of a temporary structure prescribed by Decree of the Ministry of Land, Infrastructure and Transport, used directly for producing agricultural, forestry, and fishery products; |
| 2. | Change of the form and quality of land for cultivation; |
| 3. | Extraction of soil and stone to the extent not hindering the development of an urban convergence special zone, nor damaging natural landscape; |
| 4. | Piling-up of goods on a site determined to be retained in an urban convergence special zone; |
| 5. | Temporary planting of ornamental bamboo trees in land other than cultivated land. |
| (4) | A person who is required to file a report in accordance with Article 12 (3) of the Act shall submit a report on permission for acts in an urban convergence special zone prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the head of a Si/Gun/Gu, accompanied by the progress of the relevant project or construction works and an implementation plan thereof, within 30 days from the date of designation and public notice of the urban convergence special zone. |
| Article 9 (Revocation of designation as urban convergence special zone) |
| (1) | "Reasons prescribed by Presidential Decree" in Article 13 (1) 3 of the Act means any of the following cases: |
| 1. | Where the revocation of designation of an urban convergence special zone is particularly necessary for the public interest due to circumstantial changes unexpected at the time of designating the urban convergence special zone; |
| 2. | Where it is expected that the urban convergence special zone cannot be developed within a reasonable period due to restrictions on development activity under other statutes or regulations or significant challenges in attracting businesses. |
| (2) | Where the Minister of Land, Infrastructure and Transport revokes the designation of an urban convergence special zone, he or she shall, without delay, notify the heads of relevant administrative agencies, the competent Mayor/Do Governor, and the head of the competent Si/Gun/Gu of the following matters in accordance with the former part of Article 13 (2) of the Act, and shall publicly notify such matters in the Official Gazette: |
| 1. | The name, location, and area of the urban convergence special zone; |
| 2. | The date of revocation of designation of the urban convergence special zone and reasons for revocation of designation thereof. |
| (3) | The period for public perusal of copies of relevant documents under the latter part of Article 13 (2) of the Act shall be at least 14 days. |
SECTION 2 Designation of Implementer of Development Project for Urban Convergence Special Zone and Project Implementation
| Article 10 (Designation of implementer of special zone development project) |
"Institution prescribed by Presidential Decree" in Article 14 (1) 2 of the Act means the following institutions:
| 1. | The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act; |
| 2. | The Korea National Railway under the Korea National Railway Act; |
| 3. | The Korea Railroad Corporation under the Korea Railroad Corporation Act; |
| 4. | The Korea Tourism Organization under the Korea Tourism Organization Act; |
| 5. | The Korea Water Resources Corporation under the Korea Water Resources Corporation Act; |
| 6. | The Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act; |
| 7. | The Korea Housing and Urban Guarantee Corporation under the Housing and Urban Fund Act; |
| 8. | The Korea Asset Management Corporation under the Act on the Establishment of Korea Asset Management Corporation; |
| 9. | Port authorities under the Port Authority Act; |
| 10. | The Jeju Free International City Development Center under Article 166 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (limited to special zone development projects implemented in Jeju Special Self-Governing Province); |
| 11. | Other institutions prescribed by ordinance of the relevant City/Do, among public institutions under Article 5 of the Act on the Management of Public Institutions. |
| Article 11 (Application for designation of project implementer) |
A person who intends to be designated as a project implementer in accordance with Article 14 (1) of the Act (excluding where the State is designated as the project implementer in accordance with subparagraph 1 of that paragraph) shall submit to the Minister of Land, Infrastructure and Transport the application for designation as a project implementer prescribed by Decree of the Ministry of Land, Infrastructure and Transport, accompanied by the documents listed in the following subparagraphs; the same shall apply where, after being designated as a project implementer, the person intends to modify any of the following items:
| 3. | A location map at a scale of 1:25,000 or 1:50,000; |
| 4. | Documents verifying whether he or she falls under any subparagraph of Article 14 (1) of the Act. |
| Article 12 (Vicarious performance of special zone development project) |
| (1) | A person who intends to vicariously perform part of a special zone development project in accordance with Article 14 (2) of the Act shall submit an application for the vicarious performance of the special zone development project prescribed by Decree of the Ministry of Land, Infrastructure and Transport, accompanied by the following documents, to the relevant project implementer of special zone development project: |
| 1. | A project plan containing the following information related to the vicarious performance of a special zone development project: |
| a. | The objectives of the project; |
| b. | The type and outline of the project; |
| c. | The project implementation period; |
| 3. | A land use plan and a location map. |
| (2) | Where the project implementer, in receipt of an application under paragraph (1), deems it necessary to concurrently conduct the implementation of the special zone development project and the installation of industrial facilities and research facilities, or deems it necessary to smoothly implement the special zone development project, he or she may require the applicant to vicariously perform part of the special zone development project, such as the creation of a site for facilities to be used by such applicant. |
| (3) | Where the project implementer intends to require a person who will take occupancy in a special zone to vicariously perform part of a special zone development project in accordance with Article 14 (2) of the Act, he or she shall conclude a contract for the vicarious performance of the special zone development project. |
| (4) | The project implementer shall direct and supervise the person who vicariously performs the special zone development project with whom he or she has concluded a contract in accordance with paragraph (3) so that the person faithfully implements the special zone development project according to the basic plan for urban convergence special zone and the terms and conditions of the contract. |
| Article 13 (Preparation and approval of implementation plan) |
| (1) | Where a project implementer intends to obtain approval of an implementation plan for a special zone development project (hereinafter referred to as "implementation plan") or approval for modification thereof in accordance with Article 15 (1) of the Act, he or she shall submit an application for approval (or approval for modification) of the implementation plan prescribed by Decree of the Ministry of Land, Infrastructure and Transport, accompanied by documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport, to the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall confirm the cadastral maps and forestry maps of the project implementation area through administrative data matching under Article 36 (1) of the Electronic Government Act. |
| (2) | "Modification of minor matters prescribed by Presidential Decree" in the latter part of Article 15 (1) of the Act means any of the following cases: |
| 1. | Change of the location of a project implementer; |
| 2. | Change of the name of a project implementer; |
| 3. | Correction of the project area due to errors, etc., within the extent that the special zone development project area is not changed; |
| 4. | Change of the area for implementing a project by partitioning the project within the extent of the special zone development project area; |
| 5. | Change of the financing plan within the extent of the total project cost. |
| (3) | The project implementer shall notify the Minister of Land, Infrastructure and Transport without delay if matters falling under any subparagraph of paragraph (2) occurs. |
| (4) | “Drawings and specifications necessary to implement the project, financing plans, implementation periods, district-unit plans, etc. prescribed by Presidential Decree” in Article 15 (3) of the Act means the following: |
| 1. | A floor plan and drawings and specifications; |
| 2. | Project costs and financing plans (including annual investment plans); |
| 3. | The implementation period of the special zone development project (including the implementation period for each phase in the case of phased development); |
| 4. | A land use plan and a major infrastructure plan; |
| 5. | Measures for purchase and compensation of land, etc. and resident relocation; |
| 6. | A plan for the gratuitous reversion and substitution of public facilities, land, etc.; |
| 7. | A plan for the management and disposal of land or facilities to be developed; |
| 8. | A plan for the vicarious performance of the special zone development project (limited to where a vicarious performance plan is available); |
| 9. | Related documents and drawings necessary for determining urban or Gun management plans (including district-unit plans). |
| (5) | The Minister of Land, Infrastructure and Transport shall publicly notify the following matters in the Official Gazette in accordance with Article 15 (4) of the Act: |
| 1. | The name of the special zone development project; |
| 2. | The name of the project implementer; |
| 3. | The objectives and outline of the special zone development project; |
| 4. | The location and the area of an area where the special zone development project is implemented; |
| 2. | The implementation period of the special zone development project; |
| 6. | Matters determined in an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act; |
| 7. | Matters of the public notice or public announcement of authorization, permission, etc. deemed granted following the public notice of approval for the implementation plan in accordance with Article 17 (1) of the Act. |
| Article 14 (Supply of developed land) |
| (1) | "Where ... supplies developed land, etc. for purposes prescribed by Presidential Decree, such as the attraction of enterprises and the improvement of residential conditions" in Article 21 (2) of the Act means any of the following cases: |
| 1. | Where supplying land and buildings (hereinafter referred to as "developed land, etc.") developed through the special zone development project within the urban convergence special zone in accordance with Article 21 (1) of the Act to enterprises, research institutions, educational institutions, and medical institutions located therein to facilitate the rapid creation and fostering of the urban convergence special zone; |
| 2. | Where developed land, etc. is supplied to the State or local governments for projects directly implemented by the State or local governments as necessary for public interest. |
| (2) | A project implementer shall supply developed land, etc. by competitive bidding; provided, it may be supplied by negotiated contract in any of the following cases: |
| 1. | Where developed land, etc. is supplied in accordance with each subparagraph of paragraph (1); |
| 2. | Where developed land, etc. may be supplied by negotiated contract in accordance with relevant statutes or regulations. |
| (3) | Notwithstanding paragraph (2), the following site can be supplied by drawing lots: |
| 1. | Sites for constructing housing not exceeding the national standard housing size under subparagraph 6 of Article 2 of the Housing Act (including sites for rental housing); |
| 2. | Sites for detached housing, not exceeding 330 square meters; |
| 3. | Sites for industrial facilities. |
| (4) | Where a project implementer intends to supply developed land, etc., he or she shall publicly announce the following matters by no later than 10 days (5 days in cases of urgency or resupply) before the deadline for the application for supply; provided, public announcement may be omitted where the land is supplied by negotiated contract in accordance with the proviso, with the exception of its subparagraphs, of paragraph (2): |
| 1. | The location, area, and use of developed land, etc.; |
| 2. | The period, methods, and conditions of supply; |
| 3. | The supply prices and the methods of determining such price; |
| 4. | The eligibility requirements for, and the method for selection of, the persons to be supplied. |
| (5) | The criteria for the supply price for each use of developed land, etc. shall be as specified in Appendix 1. |
| (6) | The criteria for calculating the development costs of developed land, etc. shall be as specified in Appendix 2. |
| Article 15 (Scope of public facilities) |
Public facilities under Article 22 (7) of the Act means the following facility among public facilities under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act:
| 4. | Parking lots (limited to those installed by the State or local governments); |
| 8. | Playgrounds (limited to those installed by the State or local governments); |
| 10. | Waterworks (limited to pipelines in cases of waterworks installed by the Korea Water Resources Corporation under the Korea Water Resources Corporation Act); |
| Article 16 (Authorization for completion) |
| (1) | If a project implementer intends to obtain authorization for completion in accordance with Article 23 (1) of the Act, he or she shall submit an application for authorization of completion in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport, accompanied by the following documents, to the Minister of Land, Infrastructure and Transport: |
| 1. | Completion drawings and specifications (including completion photographs); |
| 2. | Cadastral survey result maps issued by the head of a Si/Gun/Gu; |
| 3. | Management and disposal plans of land or facilities; |
| 4. | Statement and drawings on the vesting of public facilities; |
| 5. | An old and new land register comparison diagram. |
| (2) | "Institutions prescribed by Presidential Decree, such as public enterprises under Article 5 of the Act on the Management of Public Institutions" in the latter part of Article 23 (2) of the Act means any of the following: |
| 1. | Institutions referred to in any subparagraph of Article 10; |
| 2. | A local government-invested public corporation and a local government public corporation under the Local Public Enterprises Act. |
CHAPTER IV SUPPORT FOR CREATION AND FOSTERING OF URBAN CONVERGENCE SPECIAL ZONE
| Article 17 (Cooperation between the State and local governments for supporting urban convergence special zone) |
| (1) | "Business zones prescribed by Presidential Decree" in Article 24 (1) 13 of the Act means any of the following zones: |
| 1. | Green convergence clusters referred to in subparagraph 1 of Article 2 of the Act on the Creation and Fostering of Green Convergence Clusters; |
| 2. | Knowledge-based industrial cluster zones referred to in subparagraph 7 of Article 2 of the Industrial Cluster Development and Factory Establishment Act and university-industry collaboration zones referred to in subparagraph 8-2 of that Article; |
| 3. | Opportunity development zones referred to in subparagraph 13 of Article 2 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development and regional innovation clusters referred to in subparagraph 15 of that Article; |
| 4. | High-tech medical complexes referred to in subparagraph 1 of Article 2 of the Special Act on the Promotion of High-Tech Medical Complexes. |
| Article 18 (Support for special cases regarding temporary permission and demonstration) |
| (1) | "Statutes prescribed by Presidential Decree" in Article 25 (1) 5 of the Act means the following statutes: |
| 1. | The Act on Special Measures for Strengthening the Competitiveness of, and Protecting National High-Tech Strategic Industries; |
| 2. | The Act on the Support for the Innovation and Revitalization of Mobility; |
| 3. | The Industrial Digital Transformation Promotion Act; |
| 4. | The Act on Special Measures to Strengthen Competitiveness and Stabilize Supply Chain of Materials, Components, and Equipment Industries; |
| 5. | The Act on Promotion of Transition to Circular Economy and Society; |
| 6. | The Act on the Promotion of and Support for Commercialization of Autonomous Vehicles. |
| (2) | "Institution prescribed by Presidential Decree" in Article 25 (2) of the Act means the following institutions: |
| 1. | The Korea Institute for Advancement of Technology under Article 38 of the Industrial Technology Innovation Promotion Act; |
| 2. | The Korea Chamber of Commerce and Industry under the Chambers of Commerce and Industry Act; |
| 3. | Other institutions with expertise in supporting enterprises in relation to special cases for regulation, such as temporary permission and demonstration of innovative industries, as prescribed by ordinance of the relevant City/Do and large city. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to designate the comprehensive support center for the regulatory sandbox system for urban convergence special zones (hereinafter referred to as the "support center for the regulatory sandbox system") in accordance with Article 25 (2) of the Act, he or she shall consult in advance with the head of a relevant institution and the Mayor/Do Governor, etc. |
| (4) | Where the Minister of Land, Infrastructure and Transport designates a support center for the regulatory sandbox system in accordance with Article 25 (2) of the Act, the following matters shall be publicly announced in the Official Gazette and on the relevant website: |
| 1. | The name of the support center for the regulatory sandbox system and the name and address of its representative; |
| 2. | The scope and content of projects of the support center for the regulatory sandbox system. |
| Article 19 (Establishment of integrated support center for enterprises) |
"Institution prescribed by Presidential Decree" in Article 27 (1) of the Act means the following institutions:
| 1. | A person who creates and operates technoparks designated in accordance with Article 4 (1) of the Act on Special Cases concerning Support for Technoparks; |
| 2. | The Korea SMEs and Startups Agency under Article 68 (1) of the Small and Medium Enterprises Promotion Act; |
| 3. | Comprehensive support centers for local small and medium enterprises under Article 20 (1) of the Enforcement Decree of the Act on the Fostering of Local Small and Medium Enterprises and Promotion of Their Innovation; |
| 4. | Other institutions with expertise in technology, start-up, and securing human resources for small and medium enterprises or venture businesses, as prescribed by ordinance of the relevant City/Do. |
| Article 20 (Evaluation of results of urban convergence special zone) |
| (1) | When evaluating the operational performance of each urban convergence special zone in accordance with Article 29 (1) of the Act, the Minister of Land, Infrastructure and Transport shall consider the following: |
| 1. | Achievement and extent of the basic principles under Article 6 of the Act; |
| 2. | Results of implementing and degree of achieving special zone development projects; |
| 3. | Performance in attracting investment by enterprises, research institutes, and other institutions and in creating jobs. |
| (2) | Matters necessary for the detailed criteria, evaluation procedures, etc. for the results of urban convergence special zones shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 21 (Special cases regarding housing supply) |
| (1) | Where housing units are built and supplied in an urban convergence special zone in accordance with Article 30 (1) of the Act, such housing units may be supplied preferentially to the following persons: |
| 1. | Employees of the enterprises taking occupancy into the urban convergence special zone; |
| 2. | A person verified by the relevant Mayor/Do Governor, etc. as falling under either of the following items: |
| a. | Teachers, doctors, nurses, and other employees of educational institutions and medical institutions newly established in the relevant special zone development project area; |
| b. | Employees of the following institutions newly established in or relocated to the relevant special zone development project area: |
1) A State agency;
2) Local governments and agencies affiliated thereto;
3) Public institutions under Article 4 of the Act on the Management of Public Institutions.
| (2) | "Speculation-prone areas prescribed by Presidential Decree" in Article 30 (2) of the Act means the following areas: |
| 1. | An area designated in accordance with Article 104-2 (1) of the Income Tax Act; |
| 2. | A high-speculation area under Article 63 of the Housing Act. |
| Article 22 (Special cases regarding operation of schools and curricula) |
The Mayor/Do Governor, etc., may recommend to the superintendent of education to designate a high school established in an urban convergence special zone in accordance with Article 31 (1) of the Act as a school subject to special cases under Article 61 of the Elementary and Secondary Education Act or as a school operating a curriculum subject to such special cases, if the school meets the following criteria:
| 1. | Where it is necessary to improve the educational conditions of high schools within the urban convergence special zone and it is reflected in the basic plan for urban convergence special zone; |
| 2. | Where an urban convergence special zone has at least 2 high schools and it is deemed necessary for cultivating human resources and improving educational conditions appropriate for the characteristics of the area. |
| Article 23 (Special cases regarding incidental business of medical institutions) |
"Incidental business prescribed by Presidential Decree" in Article 33 of the Act means the following projects:
| 1. | Establishment and operation of child welfare facilities under Article 50 of the Child Welfare Act; |
| 2. | Establishment and operation of residential welfare facilities for older persons under Article 33 of the Welfare of Senior Citizens Act; |
| 3. | Development and operation of hot spring resorts designated in accordance with Article 9 of the Hot Spring Act. |
| Article 24 (Scope of installation of infrastructure) |
The scope of installation by type of facilities installed at the expense of persons other than the project implementer in accordance with Article 34 (2) of the Act is as follows:
| 1. | Roads: Roads meeting all of the following requirements: |
| a. | Roads under the National Land Planning and Utilization Act or roads determined as road zones under the Road Act before the designation of the urban convergence special zone; |
| b. | National highways, local highways, and State-funded local highways under the Road Act to be built by the relevant local government; |
| 2. | Waterworks and sewerage systems: Pipelines for waterworks and sewerage that pass through a special zone development project area, but not connected to the pipelines for waterworks and sewerage in the special zone development project area; |
| 3. | Electricity facilities: Electricity facilities installed between main facilities outside a special zone development project area and the boundaries of an individual lot (hereinafter referred to as "individual lot") adjoining along an urban or Gun planning road of at least 6 meters wide according to the land use plan of the special zone development project area; provided, if main electricity facilities inside the special zone development project area is installed underground at the request of the project implementer, the expenses of installation shall be apportioned equally by the person who supplies electricity and the person who requests underground installation at the rate of 50 percent, respectively; |
| 4. | Gas supply facilities: Gas supply facilities between the gas supply infrastructure outside the special zone development project area and the boundaries of individual lots [where a static pressure control room (for purposes of pressure maintenance and control) is installed in an individual lot to supply gas for cooking or unit heating (excluding central heating), to the static pressure control room]; |
| 5. | Collective energy supply facilities: Heat pipelines installed between the junction of the main heat pipelines outside a special zone development project area and the shut-off valve at the entrance of the mechanical room in an individual lot; |
| 6. | Telecommunications facilities: Pipelines installed between the infrastructure outside the special zone development project area and the boundaries of individual lots and cables installed between the infrastructure outside the special zone development project area and the first terminal in an individual lot. |
| Article 25 (Disposal of State property or public property) |
| (1) | "Cases prescribed by Presidential Decree" in the former part of Article 35 (4) of the Act means cases where matters regarding the use, etc. of State property or public property are included in the implementation plan. |
| (2) | "Period prescribed by Presidential Decree" in the latter part of Article 35 (4) of the Act means 50 years. |
| (3) | The annual usage fees or rents of State property or public property under the latter part of Article 35 (4) of the Act shall be calculated by multiplying the value of the State property or public property by the rate of at least 10/1000. |
| (4) | The rate of reduction of, or exemption from, the usage fees or rents for State property under the latter part of Article 35 (4) of the Act shall be determined by the head of the central administrative agency responsible for the management of the relevant State property (including the person to whom management is delegated or entrusted in accordance with Article 28, 29, or 42 (1) or (4) of the State Property Act) within the extent of 100/100 of the usage fees or rents for the relevant State property. |
| (5) | The rate of reduction of, or exemption from, usage fees or rents for public property under the latter part of Article 35 (4) of the Act shall be prescribed by ordinance of the relevant City/Do or large city within the extent of 50/100 of the usage fees or rents for the relevant public property. |
| Article 26 (Scope of joint-use facilities) |
"Facilities prescribed by Presidential Decree, such as business facilities and sports facilities" in the former part of Article 36 (1) of the Act means the following facilities:
| 1. | Business facilities, sports facilities, cultural facilities, educational facilities, and libraries; |
| 2. | Complex community centers referred to in Article 28 of the Act; |
| 3. | Other facilities prescribed by ordinance of the relevant local government and used for purposes similar to those referred to in subparagraphs 1 and 2. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 27 (Application mutatis mutandis to project in areas other than project area) |
"Projects prescribed by Presidential Decree" in Article 39 of the Act means the following projects:
| 1. | Projects for the installation of supply facilities, such as roads, railroads, electricity, gas, waterworks, etc., communication facilities, public wastewater treatment facilities, heat supply facilities, and waste treatment-related facilities; |
| 2. | Projects for the development of borrow-pits and quarries adjoining along the relevant special zone development project area for the creation of the special zone development project area; |
| 3. | River improvement projects; |
| 4. | Projects to install green areas, parks, and public and cultural sports facilities (referring to those determined as urban or Gun planning facilities under subparagraph 7 of Article 2 of the National Land Planning and Utilization Act) in adjacent areas to improve the settlement conditions of the urban convergence special zone and to improve living convenience for employees of enterprises taking occupancy into the urban convergence special zone. |
| Article 28 (Public perusal and keeping of relevant documents) |
"Matters prescribed by Presidential Decree" in Article 41 (2) 3 of the Act means the following:
| 1. | A report on supervision of construction works for the special zone development project; |
| 3. | Other matters prescribed by the Minister of Land, Infrastructure, and Transport after undergoing deliberation by the City Development Committee. |
| Article 29 (Delegation of authority) |
The Minister of Land, Infrastructure, and Transport shall delegate the following authority to the Administrator of a Regional Construction and Management Administration in accordance with Article 43 (1) of the Act:
| 1. | Orders to take necessary measures, such as authorization for completion under Article 23 (1) of the Act, completion inspection and requests therefor under paragraph (2) of that Article, requests for participation in completion inspection under paragraph (3) of that Article, public announcement and notification of authorization for completion under paragraph (4) of that Article, supplementation works, etc.; |
| 2. | Orders to file necessary reports or submit materials, inspection of matters regarding business affairs and accounting, and inquiries under Article 40 (1) of the Act; |
| 3. | Imposition and collection of administrative fines under Article 46 (1) 1 and 2 of the Act. |
CHAPTER VI PENALTY PROVISIONS
| Article 30 (Penalty provisions) |
“Act prescribed by Presidential Decree ..., such as construction of a building, installation of a structure, change of the form or quality of land, collection of rocks and soil, division and merger of land, and storage of goods” in subparagraph 2 of Article 45 means acts falling under any subparagraph of Article 8 (1).
| Article 31 (Criteria for imposition of administrative fines) |
The criteria for imposing administrative fines under Article 46 of the Act shall be specified in Appendix 3.
ADDENDA <Presidential Decree No. 34444, Apr. 23, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 25, 2024.
Article 2 Omitted.