CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to realize a local era in which all citizens enjoy equal opportunities regardless of where they live, by promoting region-led balanced regional development through the reduction of imbalances between regions, self-reliant development suitable for regional characteristics, and local autonomy and decentralization.
The terms used in this Act are defined as follows: <Amended on Jun. 7, 2023; May 27, 2025>
| 1. | "Local autonomy and decentralization" means ensuring that the State and local governments perform their functions in a harmonized manner, and more residents directly participate in the policy-making and execution process of the local governments, through the reasonable distribution of authority and responsibilities of the State and local governments or the restructuring of local administrative systems according to administrative demand and regional characteristics. |
| 2. | "Balanced regional development" means the realization of a society in which all citizens across the nation enjoy an individual and prosperous life by improving the quality of life and promoting sustainable development through the efforts to narrow the development gap between regions and enhance their self-reliant development capacity. |
| 3. | "Regional innovation" means the creation, utilization, and dissemination of regional development capacity in the development of regional human and material resources and in the fields of science and technology, industrial production, enterprise support, culture, finance, etc. according to regional conditions and characteristics; |
| 4. | "Basic settlement area" means an area established by a Si (including the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, and an administrative Si under Article 10(2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereafter the same shall apply in this subparagraph)/Gun (including a Gun in a Metropolitan City; hereinafter the same shall apply)/Gu (referring to an autonomous Gu; hereinafter the same shall apply) in consultation with neighboring Sis/Guns/Gus in order to expand the living infrastructure required for improving the quality of life of local residents, such as jobs, education, culture, welfare, housing, safety and environment; |
| 5. | "Seoul metropolitan area" means the Seoul metropolitan area defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act; |
| 6. | "Regional specialized industry" means an industry of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"), which is selected under Article 14(1) and promoted to capitalize on regional characteristics and conditions; |
| 7. | "Super metropolitan area" means an area beyond the administrative district of a City/Do established by 2 or more local governments after mutual consultation or established by a special local government under Article 199 of the Local Autonomy Act to promote projects for enhancing links and cooperation required for the development of regional economies and living areas; |
| 8. | "Super metropolitan industry" means an industry selected under Article 14(2) as a cooperative industry in a super metropolitan area which highly contributes to balanced regional development and the improvement of national competitiveness, and promotes the development of regional economies and industries. |
| 9. | "Growth promotion area" means an area prescribed by Presidential Decree in consideration of income, population, financial condition, etc., which requires special consideration from the State and local governments for the construction, etc. of local community infrastructure, such as roads and waterworks necessary to promote the economic and social growth of the relevant region suffering from the poor living environment and the remarkably low level of development; |
| 10. | "Area under special circumstances" means any of the following areas which requires special support measures, such as administrative support by the relevant central administrative agencies, for a certain period of time because they are placed in a disadvantageous environment due to the division of South and North Korea, or geographical or social factors: |
| a. | Border areas under subparagraph 1 of Article 2 of the Special Act on Support for Border Area; |
| b. | Islands eligible for development under Article 4(1) of the Islands Development Promotion Act; provided, islands falling under growth promotion areas shall be excluded herefrom; |
| c. | Saemangeum project areas defined in subparagraph 1 of Article 2 of the Special Act on Promotion and Support for Saemangeum Project; |
| d. | Other areas prescribed by Presidential Decree, equivalent to those referred to in items a through c; |
| 11. | "Agricultural, mountain and fishing villages" means rural communities defined in subparagraph 5 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry, mountain villages defined in subparagraph 2 of Article 3 of the Framework Act on Forestry, and fishing villages defined in subparagraph 6 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development; |
| 12. | "Depopulation area" means an area prescribed by Presidential Decree, in consideration of the birth rate, the elderly population aged 65 and over, the youth population aged 14 and younger, the economically productive population among Sis (excluding the Special Metropolitan City, including Metropolitan Cities, Special Self-Governing Cities, and administrative Sis under Article 10(2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City)/Guns/Gus which are in danger of disappearing due to population decline; |
| 12-2. | "Area of concern over depopulation" means an area, among Sis (excluding Special Cities, but including Metropolitan Cities, Special Self-Governing Cities, and administrative Sis under Article 10(2) of the Special Act on the Establishment of Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City), Guns, and Gus, excluding depopulation regions, where there is a concern of regional extinction due to future population decline, and which is prescribed by Presidential Decree within the scope of 20/100 of the number of depopulation regions, in consideration of the birth rate, the elderly population aged 65 or older, the youth population aged 14 or younger, or the number of the working-age population; |
| 13. | "Opportunity development zone" means an area designated and publicly notified under Article 23 which requires support from the relevant central administrative agencies and local governments to attract large-scale investments from individuals or corporations; |
| 14. | "Public institution" means any of the following institutions: |
| a. | Central administrative agencies and their affiliated agencies; |
| b. | Institutions under Article 4 of the Act on the Management of Public Institutions; |
| c. | Other institutions prescribed by Presidential Decree from among public institutions; |
| 15. | "Regional innovation cluster" means an area designated and publicly notified under Article 27 as a growth hub that promotes the generation of new economic and industrial synergy effects and contributes to balanced regional development and the revitalization of regional economies by utilizing existing zones, districts, complexes, and special zones equipped with physical and human infrastructure; |
| 16. | "Local administrative system" means a series of systems related to the hierarchical structure of local autonomy and local administration, the jurisdictional areas of local governments, the distribution of functions between the Special Metropolitan City, Metropolitan Cities, Dos, and Sis/Guns/Gus; |
| 17. | "Consolidation of local governments" means the establishment of a new local government by consolidating at least 2 local governments among the local governments under Article 2(1)2 of the Local Autonomy Act; |
| 18. | "Consolidated local government" means a local government established by consolidating at least 2 local governments under Article 2(1)2 of the Local Autonomy Act. |
| Article 3 (Responsibilities of the state) |
| (1) | The State shall provide support so that local governments can take a lead in formulating and implementing the relevant policies, such as preparing legal and institutional measures required for local autonomy, decentralization and balanced regional development and securing budgets by gathering the opinions of consultative bodies of local governments, the heads of local governments, etc. under Article 182 of the Local Autonomy Act and all walks of life, to achieve region-led balanced development, strengthen the foundation for regional innovative growth and accomplish self-reliant development suitable for regional characteristics. |
| (2) | Where the head of a central administrative agency intends to enact or amend statutes or regulations related to local autonomy, decentralization and balanced regional development, he or she shall ensure that such statutes or regulations are consistent with the purpose of this Act and shall promptly improve relevant statutes or regulations. |
| (3) | A local government shall prepare improvement measures to enhance the accountability and efficiency of administration and finance in response to policies on local autonomy, decentralization and balanced regional development by the State, actively cooperate in the restructuring of local administrative systems, and endeavor to secure necessary budgets. |
| Article 4 (Pilot implementation of policies on local autonomy, decentralization and balanced regional development) |
When promoting policies on local autonomy, decentralization and balanced regional development, the State may implement such policies on a pilot basis according to the circumstances of each local government, if necessary.
| Article 5 (Relationship to other statutes) |
| (1) | This Act shall prevail over other statutes with respect to local autonomy and decentralization and the restructuring of local administrative systems. |
| (2) | Except as otherwise provided in other statutes, this Act shall apply to balanced regional development. |
CHAPTER II COMPREHENSIVE PLAN FOR LOCAL ERA
| Article 6 (Formulation of comprehensive plan for local era) |
| (1) | In order to effectively promote local autonomy, decentralization and balanced regional development, a Presidential Committee for Decentralization and Balanced Development established under Article 62 (hereinafter referred to as the "Presidential Committee for Decentralization and Balanced Development") shall formulate a 5-year comprehensive plan for local era (hereinafter referred to as "comprehensive plan for local era") after consulting with the heads of the relevant central administrative agencies and collecting the opinions of local governments. |
| (2) | When formulating a comprehensive plan for local era, the Presidential Committee for Decentralization and Balanced Development shall reflect a City/Do plan for local era under Article 7(1), a sectoral plan under Article 8(1), and a plan for the development of a super metropolitan area under Article 9(1) (limited to where the relevant plan has been formulated). |
| (3) | A comprehensive plan for local era shall include the following: |
| 1. | The basic direction and objectives of local autonomy, decentralization, and balanced regional development; |
| 2. | Matters regarding the promotion, etc. of policies for balanced regional development and tasks for local autonomy and decentralization under Chapter III; |
| 3. | Matters regarding the operation of the special account for balanced regional development under Chapter V; |
| 4. | Other matters necessary for local autonomy, decentralization and balanced regional development. |
| (4) | A comprehensive plan for local era shall be linked to a national financial management plan under Article 7 of the National Finance Act, a national land plan under Article 6 of the Framework Act on the National Land, a basic plan for low birth rates in an aging society under Article 20 of the Framework Act on Low Birth Rate in an Aging Society, and a national framework plan for carbon neutrality and green growth under Article 10 of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis. |
| (5) | A comprehensive plan for local era shall be approved by the President after deliberation by the State Council. The same shall also apply to any modification to the comprehensive plan for local era (excluding any modification to minor matters prescribed by Presidential Decree). |
| (6) | The Presidential Committee for Decentralization and Balanced Development shall report a comprehensive plan for local era to the National Assembly. The same shall also apply to any modification to the comprehensive plan for local era (excluding any modification to minor matters prescribed by Presidential Decree). |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the procedures, etc. for formulating a comprehensive plan for local era shall be prescribed by Presidential Decree. |
| Article 7 (Formulation of City/Do plan for local era and implementation plan) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate a 5-year City/Do plan for local era (hereinafter referred to as "City/Do plan") after consulting with the heads of the relevant central administrative agencies, gathering the opinions of the heads of the competent Sis/Guns/Gus and then undergoing deliberation and resolution by a City/Do committee for local era under Article 67. |
| (2) | A City/Do plan shall include the following matters: |
| 1. | The basic direction and objectives of local autonomy, decentralization, and balanced regional development for each City/Do; |
| 2. | Matters regarding the analysis of the current status and conditions of each City/Do; |
| 3. | Matters regarding the promotion, etc. of policies for balanced regional development and tasks for local autonomy and decentralization under Chapter III; |
| 4. | Other matters necessary for local autonomy, decentralization and balanced regional development for each City/Do. |
| (3) | A Mayor/Do Governor shall annually formulate and implement a City/Do implementation plan for local era (hereinafter referred to as "City/Do implementation plan") to efficiently implement the City/Do plan. |
| (4) | A Mayor/Do Governor shall submit the City/Do plan, the results of the City/Do implementation plan of the preceding year, and the City/Do implementation plan of the relevant year to the Presidential Committee for Decentralization and Balanced Development and the heads of the relevant central administrative agencies. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the procedures, etc. for formulating a City/Do plan and a City/Do implementation plan shall be prescribed by Presidential Decree. |
| Article 8 (Formulation of sectoral plans and implementation plans) |
| (1) | The head of a central administrative agency shall formulate a 5-year sector plan (hereinafter referred to as "sector plan") in consultation with the head of the relevant central administrative agency and a Mayor/Do Governor to help the relevant agencies promote local autonomy, decentralization, and balanced regional development. |
| (2) | When formulating a sectoral plan, the head of a central administrative agency shall take into account a City/Do plan and a plan for the development of a super metropolitan area under Article 9(1) (limited to where the relevant plan has been formulated). |
| (3) | The head of a central administrative agency shall annually formulate and implement a sectoral implementation plan (hereinafter referred to as "sectoral implementation plan") to implement the sectoral plan. |
| (4) | The head of a central administrative agency shall submit the sectoral plan, the results of the sectoral implementation plan of the preceding year, and the sectoral implementation plan of the relevant year to the Presidential Committee for Decentralization and Balanced Development, as prescribed by Presidential Decree. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the procedures, etc. for formulating a sectoral plan and a sectoral implementation plan shall be prescribed by Presidential Decree. |
| Article 9 (Formulation of plan for development of super metropolitan area and implementation plan) |
| (1) | The heads of at least 2 local governments which have established a super metropolitan area or the heads of special local governments under Article 199 of the Local Autonomy Act (hereinafter referred to as "local governments which have established a super metropolitan area") may formulate a 5-year plan for the development of a super metropolitan area (hereinafter referred to as "plan for the development of a super metropolitan area") after consulting with the heads of local governments which have established a super metropolitan area and the heads of the relevant central administrative agencies and undergoing deliberation and resolution by the Presidential Committee for Decentralization and Balanced Development. In such cases, a plan in relation to the development of tourism resources shall be formulated in connection with the master plan for tourism development under Article 49 of the Tourism Promotion Act and the tourism development plan for each region. |
| (2) | A plan for the development of a super metropolitan area shall include the following: |
| 1. | Matters regarding the scope of the super metropolitan area and development objectives thereof; |
| 2. | Matters regarding the analysis of the current status and conditions of the super metropolitan area; |
| 3. | Matters regarding the fostering of super metropolitan industries under Article 14 or the promotion of super metropolitan cooperative projects under Article 30; |
| 4. | Matters regarding raising funds for investment; |
| 5. | Other matters necessary for the development of the super metropolitan area. |
| (3) | Where the head of a local government that has established a super metropolitan area formulates a plan for the development of a super metropolitan area, he or she shall also annually formulate an implementation plan for the development of the super metropolitan area (hereinafter referred to as "implementation plan for the development of a super metropolitan area") in order to efficiently implement such plan. |
| (4) | When the head of a local government that has established a super metropolitan area formulates a plan for the development of a super metropolitan area or an implementation plan for the development of a super metropolitan area, he or she shall submit the plan for the development of the super metropolitan area, the results of the implementation plan for the development of the super metropolitan area for the preceding year, and the implementation plan for the development of the super metropolitan area for the relevant year to the Presidential Committee for Decentralization and Balanced Development and the head of the relevant central administrative agency. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the procedures, etc. for formulating a plan for the development of a super metropolitan area and an implementation plan for the development of a super metropolitan area shall be prescribed by Presidential Decree. |
| Article 10 (Consultation and coordination of implementation plan) |
Where the head of a central administrative agency, the head of a local government that establishes a supra-metropolitan area, or a Mayor/Do Governor deems that the implementation of a sectoral implementation plan of another central administrative agency, a supra-metropolitan area development implementation plan of another local government that establishes a supra-metropolitan area, or a City/Do implementation plan of another City/Do impedes or is likely to impede the implementation of the sectoral implementation plan of the relevant central administrative agency, the supra-metropolitan area development implementation plan of the relevant local government that establishes a supra-metropolitan area, or the City/Do implementation plan of the relevant City/Do, they shall consult with and coordinate with each other as prescribed by Presidential Decree. In such cases, the Presidential Committee for Local Powerhouse may present relevant opinions to the head of the relevant central administrative agency, the head of the relevant local government that establishes a supra-metropolitan area, or the relevant Mayor/Do Governor.
| Article 11 (Evaluation of implementation plan) |
| (1) | The Presidential Committee for Decentralization and Balanced Development shall annually evaluate the results of a City/Do implementation plan, a sectoral implementation plan, and an implementation plan for the development of a super metropolitan area. |
| (2) | The Presidential Committee for Decentralization and Balanced Development may establish an evaluation advisory group to conduct evaluations under paragraph (1) and may designate and operate a specialized evaluation institution to support such evaluations. |
| (3) | Matters necessary for the standards and procedures for and methods of evaluations under paragraph (1), the establishment of an evaluation advisory group under paragraph (2), the designation and operation of a specialized evaluation institution, etc. shall be prescribed by Presidential Decree. |
CHAPTER III PROMOTION OF POLICIES FOR BALANCED REGIONAL DEVELOPMENT AND TASKS FOR LOCAL AUTONOMY AND DECENTRALIZATION
SECTION 1 Promotion of Policies for Balanced Regional Development
| Article 12 (Establishment of regional innovation system) |
In order to establish a regional innovation system suitable for regional conditions and characteristics, the State and local governments shall promote policies for the facilitation of cooperation among industrial, academic and research circles, the training of professional human resources for regional innovation, the expansion of institutions for technology and corporate management support, and the coordination and linked operation of projects related to regional innovation.
| Article 13 (Expansion of living infrastructure for residents and strengthening of regional development capacity) |
| (1) | In order to expand living infrastructure for residents and strengthen regional development capacities, the State and local governments shall systematically promote policies to facilitate links between local communities and regions, improve the competitiveness of Cities/Dos and super metropolitan areas, promote mutually beneficial development between provincial areas and the Seoul metropolitan area, etc. in consideration of regional conditions and characteristics. |
| (2) | When implementing policies under paragraph (1), the State and local governments shall pursue systematic links to develop regional industries, train human resources, promote science and technology, expand transportation and logistics facilities, promote culture and tourism, conserve the environment, expand welfare and health, medical care, etc. in consideration of the sustainability of the relevant sectors, and shall promote financial support and deregulation for the relevant sectors. |
| Article 14 (Revitalization of regional economy through fostering of local industries and job creation) |
| (1) | A Mayor/Do Governor may select a local specialized industry of the relevant City/Do in consultation with the head of the relevant central administrative agency and the head of a Si/Gun (including the head of a Gun in a Metropolitan City; hereinafter the same shall apply)/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) within his or her jurisdiction. In such cases, he or she shall take into comprehensive account the following matters: |
| 1. | The level of contribution to the growth potential and economic growth of the State; |
| 2. | Impacts on creating local jobs and strengthening competitiveness; |
| 3. | Possibility of strengthening regional development capacities. |
| (2) | The head of a local government that establishes a super metropolitan area may select a super metropolitan industry in the relevant super metropolitan area in consultation with the heads of other local governments that establish the super metropolitan area and the head of the relevant central administrative agency. In such cases, he or she shall take into comprehensive account matters under the subparagraphs of paragraph (1). |
| (3) | In order to foster regional specialized industries and super metropolitan industries, the State and local governments shall promote policies for the structural advancement of the relevant industries, the promotion of investment attraction, agglomeration, the expansion of infrastructure, etc. |
| (4) | In order to foster regional industries and revitalize regional economies, the State and local governments shall promote policies regarding support for local job creation and investment attraction, the promotion of information and communications technology, the improvement, etc. of the start-up conditions for small and medium enterprises suitable for regional characteristics. |
| (5) | Matters necessary for the promotion of policies and procedures for fostering regional specialized industries and super metropolitan industries under paragraph (3) and regional industries under paragraph (4) and revitalizing regional economies shall be prescribed by Presidential Decree. |
| Article 15 (Improvement of local educational conditions and fostering of human resources) |
The State and local governments shall promote policies on the following matters in order to improve local educational conditions and train excellent human resources necessary for balanced regional development:
| 1. | Matters regarding the promotion of employment through industry-academic cooperation between local universities, colleges (referring to schools defined in the subparagraphs of Article 2 of the Higher Education Act in an area other than the Seoul metropolitan area; hereinafter the same shall apply) and industries; |
| 2. | Matters regarding support for admission to a local university or college for graduates or prospective graduates of a high school defined in subparagraph 3 of Article 2 of the Elementary and Secondary Education Act or a school recognized as having an academic background equivalent thereto in an area other than the Seoul metropolitan area; |
| 3. | Matters regarding the preferential treatment of graduates or prospective graduates of local universities for admission to the graduate schools of the local universities and the preferential employment thereof at the agencies of the State, local governments, institutions, etc. under Article 4 of the Act on the Management of Public Institutions; |
| 4. | Matters regarding support for local settlement of outstanding graduates of local universities and colleges; |
| 5. | Matters regarding the specialization of local universities and colleges, the strengthening of educational and research capabilities of the graduate schools of such local universities and the enhancement of cooperation among industrial, academic and research circles; |
| 6. | Matters regarding the improvement of educational conditions of local schools (referring to schools under the subparagraphs of Article 2 of the Elementary and Secondary Education Act); |
| 7. | Matters regarding support for strengthening the capacity of local universities and colleges and improving education therein; |
| 8. | Other matters necessary for improving local educational conditions and developing regional human resources. |
| Article 16 (Promotion of regional science and technology, and information and communications technology) |
In order to promote science and technology and information and communications required for balanced regional development, the State and local governments shall promote policies for fostering research and education institutes for regional science and technology, expanding regional human resources for research and development and information and communications, promoting research and development for balanced regional development, creating the base for innovation, such as the distribution system of research and development information, facilities, equipment, disseminating the outcomes of science and technology innovation, and promoting industrialization.
| Article 17 (Fostering of balanced regional development hubs and expansion of transportation and logistics networks) |
The State and local governments shall promote policies on the following matters to foster balanced regional development hubs necessary for promoting balanced regional development and regional cooperation and to expand transportation and logistics networks:
| 1. | Matters regarding the fostering of a development hub city, such as an administrative city under the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-Up Measures for New Administrative Capital (hereinafter referred to as "administrative city"), an innovation city under the Special Act on the Construction and Development of Innovation Cities (hereinafter referred to as "innovation city"), an enterprise city under the Special Act on the Development of Enterprise Cities (hereinafter referred to as "enterprise city"), etc., and links between hinterland industries and regions; |
| 2. | Matters regarding the revitalization of free economic zones under the Special Act on Designation and Management of Free Economic Zones (hereinafter referred to as "free economic zones"); |
| 3. | Matters regarding the expansion of regional transport and logistics networks, such as roads and railroads, to strengthen the link between balanced regional development hubs. |
| Article 18 (Fostering of regional culture and tourism and conservation of environment) |
| (1) | In order to foster regional cultural and tourism industries, the State and a local government shall promote policies for the development of cultural and tourism resources, the creation of a base therefor, the revitalization of related industries, the training of professional human resources, the narrowing of cultural gaps between regions, the discovery and enhancement of regional unique spiritual culture and regional values, and other similar efforts. |
| (2) | In order to conserve the environment in regions, the State and local governments shall promote policies for the restoration of local ecology, the conservation and utilization of the natural environment, etc. |
| Article 19 (Expansion of regional welfare, health and medical services) |
In order to expand regional welfare, and health and medical services, the State and local governments shall promote policies for establishing a welfare delivery system reflecting regional characteristics, establishing a system for delivering public health and medical services and an emergency medical system for areas not benefiting from health and medical services, fostering medical personnel in local communities, and expanding and improving regional health and medical institutions.
| Article 20 (Development of growth promotion areas) |
In order to improve the living conditions of growth promotion areas, areas under special circumstances, agricultural, mountainous and fishing villages, etc. and promote development suitable for their characteristics, the State and local governments shall promote policies on the expansion of infrastructure, such as transport networks, the expansion of bases for generating residents' income, the development and utilization of local resources, the improvement of the urban environment, the enhancement, etc. of education, medical service and welfare.
| Article 21 (Implementation of policies for depopulation regions) |
The State and local governments shall implement policies concerning the improvement and expansion of living service conditions, expansion of transportation, logistics and communication networks, job creation, prevention of outflow and promotion of inflow of the youth population, support for and revitalization of communities, strengthening of capabilities of residents and regions, and improvement of public service delivery systems, such as the joint use of facilities and manpower among local governments, in depopulation regions and areas of concern over depopulation (hereinafter referred to as "depopulation regions, etc."). <Amended on May 27, 2025>
[Title Amended on May 27, 2025]
| Article 22 (Support for depopulation regions) |
| (1) | The State and local governments may provide administrative and financial support for depopulation regions, etc., as prescribed by Presidential Decree, regarding matters such as maintenance of social overhead capital, expansion of educational, cultural, and tourism facilities, support for agriculture, forestry, marine, and fisheries industries, housing construction and improvement, and special cases concerning the designation of industrial complexes. <Amended on May 27, 2025> |
| (2) | A business operator that has moved into a depopulation region, etc. may request the City/Do local powerhouse support center under Article 67(2) to provide support for the following administrative affairs for applying for approval or permission within the relevant region. In such cases, the City/Do local powerhouse support center shall support the relevant affairs in accordance with the procedures and methods prescribed by Presidential Decree. <Amended on May 27, 2025> |
| 1. | Building permission under Article 11 of the Building Act and approval for use of buildings under Article 22 of that Act; |
| 2. | Permission to install air pollutant-emitting facilities under Article 23 of the Clean Air Conservation Act; |
| 3. | Approval for the establishment, etc. of factories under Article 13(1) of the Industrial Cluster Development and Factory Establishment Act; |
| 4. | Approval of a plan to establish a factory under Article 45 of the Support for Small and Medium Enterprise Establishment Act. |
| (3) | The head of an agency in receipt of an application for approval or permission under the subparagraphs of paragraph (2) from a business operator who has moved into depopulation area, etc. shall process such application within the period prescribed by Presidential Decree, notwithstanding other statutes or regulations, and where he or she fails to process such application within the period, he or she shall be deemed to have granted approval or permission on the day immediately following the end of such period. <Amended on May 27, 2025> |
[Title Amended on May 27, 2025]
| Article 23 (Designation of and support for opportunity development zone) |
| (1) | A Mayor/Do Governor of an area other than the Seoul metropolitan area who intends to have part of his or her administrative district designated as a special opportunity development zone shall file an application for the designation thereof with the Minister of Trade, Industry and Energy; provided, a Mayor/Do Governor of an area prescribed by Presidential Decree which is also a depopulation area in the Seoul metropolitan area or a border area defined in subparagraph 1 of Article 2 of the Special Act on Support for Border Area may file an application for the designation of a special opportunity development zone. |
| (2) | Upon receipt of an application for designation under paragraph (1), the Minister of Trade, Industry and Energy shall designate an opportunity development zone after deliberation and resolution by the Presidential Committee for Decentralization and Balanced Development. In such cases, the Presidential Committee for Decentralization and Balanced Development shall take into account matters prescribed by Presidential Decree, such as investment plans of enterprises, possibility of cluster formation. |
| (3) | Where it is impossible to achieve the purpose of designation of an opportunity development zone or where it is unavoidable to modify the details of designation, the Minister of Trade, Industry and Energy may modify or cancel the designation of an opportunity development zone after deliberation and resolution by the Presidential Committee for Decentralization and Balanced Development. |
| (4) | The State and local governments may provide administrative and financial support to individuals or corporations investing in opportunity development zones. |
| (5) | The State and local governments may reduce or exempt national or local taxes on an individual or corporation that invests in an opportunity development zone, as prescribed by the Act on Restriction on Special Cases concerning Taxation, the Act on Restriction on Special Cases concerning Local Taxation, and other tax-related statutes. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the procedures, methods, etc. for filing an application for the designation of an opportunity development zone, designation, modification of designation, or cancellation of designation shall be prescribed by Presidential Decree. |
| Article 24 (Relocation of Enterprises, Universities and Colleges to Provincial Areas) |
| (1) | The State and local governments may provide administrative and financial support, etc. to an enterprise that is located in an area prescribed by Presidential Decree but will be relocating to a provincial area, in consideration of overpopulation, industrial location, industrial clustering, etc. of each Si/Gun/Gu of the Seoul metropolitan area. |
| (2) | The State and local governments may provide administrative and financial support, etc. as prescribed by Presidential Decree, where an enterprise newly establishes or expands its place of business in a provincial area, as prescribed by Presidential Decree. |
| (3) | Where a university or college located in the Seoul metropolitan area (excluding growth promotion areas and areas under special circumstances) relocates to a provincial area, the State and local governments may provide administrative and financial support, etc. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for subjects eligible for support, procedures, etc. shall be prescribed by Presidential Decree. |
| Article 25 (Relocation of public institutions to provincial areas and revitalization of innovation cities) |
| (1) | The Government shall promote policies for the relocation of public institutions to provincial areas and the promotion of innovation cities (hereinafter referred to as "policies for innovation cities") to relocate public institutions prescribed by Presidential Decree in the Seoul metropolitan area (hereafter referred to as "public institutions subject to relocation" in this Article) to provincial areas by phases. |
| (2) | The Government shall take into account the following matters when promoting policies for innovation cities: |
| 1. | Matters regarding plans to attract local governments and support therefor; |
| 2. | Matters regarding plans to relocate each public institution subject to relocation to a provincial area; |
| 3. | Matters regarding the revitalization of innovation cities and mutually beneficial development with neighboring areas; |
| 4. | Other matters necessary for balanced regional development. |
| (3) | The heads of the relevant central administrative agencies, the heads of local governments, and the heads of public institutions subject to relocation shall take measures required for the relocation of public institutions, such as formulating plans to relocate each public institution subject to relocation to a provincial area, and measures required for the revitalization of innovation cities, in accordance with policies for innovation cities. |
| (4) | Where public institutions relocate to provincial areas, the State and local governments may provide such public institutions and their employees with administrative and financial support, and support for the improvement of their living environment, etc. |
| (5) | Where the head of a central administrative agency intends to establish a public institution (excluding a central administrative agency and its affiliated agencies) or to grant authorization for the establishment thereof, he or she shall consult with the Minister of Land, Infrastructure and Transport and determine the location thereof after deliberation and resolution by the Presidential Committee for Decentralization and Balanced Development. In such cases, he or she shall preferentially consider any non-Seoul metropolitan area as its location. |
| (6) | Matters necessary for deliberation procedures to determine the location of a public institution established or newly authorized under paragraph (5) (hereinafter referred to as "new public institution"), documents to be submitted, etc. shall be prescribed by Presidential Decree. |
| (7) | In order to investigate the current status of public institutions every 3 years, the Presidential Committee for Decentralization and Balanced Development may request that the head of the relevant central administrative agency and the head of a public institution submit the following data. Upon receipt of such request, the head of the central administrative agency and the head of the public institution shall comply therewith, unless there is a compelling reason not to do so: |
| 1. | The size including the number of employees of public institutions; |
| 2. | The current status of payment of local taxes; |
| 3. | The current status of office locations; |
| 4. | Other matters deemed necessary by the Presidential Committee for Decentralization and Balanced Development for investigating the current status of public institutions. |
| Article 26 (Designation of innovation cities) |
| (1) | An innovation city shall be designated for each Metropolitan City, Do and Special Self-Governing Province in an area other than the metropolitan area. |
| (2) | The head of a local government in which an innovation city has not been designated under paragraph (1) may file an application for the designation of an innovation city with the Minister of Land, Infrastructure and Transport. |
| (3) | Upon receipt of an application for designation under paragraph (2), the Minister of Land, Infrastructure and Transport shall designate an innovation city after deliberation and resolution by the Presidential Committee for Decentralization and Balanced Development. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for an application filed for the designation of an innovation city, designation, etc. shall be prescribed by Presidential Decree. |
| Article 27 (Designation of regional innovation cluster) |
| (1) | Where a Mayor/Do Governor intends to have part of a zone, district, complex, or special zone prescribed by Presidential Decree, such as an administrative city, innovation city, enterprise city, free economic zone, etc. under his or her administrative jurisdiction, designated as a regional innovation cluster, he or she shall file an application for the designation of a regional innovation cluster with the Minister of Trade, Industry and Energy. |
| (2) | Upon receipt of an application for designation under paragraph (1), the Minister of Trade, Industry and Energy shall designate a regional innovation cluster after deliberation and resolution by the Presidential Committee for Decentralization and Balanced Development. In such cases, the Presidential Committee for Decentralization and Balanced Development shall take into account matters prescribed by Presidential Decree, such as possibility of enterprise attraction and cluster formation. |
| (3) | Where it is impossible to achieve the purpose of designation of a regional innovation cluster or where it is unavoidable to modify the details of designation, the Minister of Trade, Industry and Energy may modify or cancel the designation of a regional innovation cluster after deliberation and resolution by the Presidential Committee for Decentralization and Balanced Development. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the procedures, methods, etc. for filing an application for the designation of a regional innovation cluster, designation, modification of designation, or cancellation of designation shall be prescribed by Presidential Decree. |
| Article 28 (Fostering of regional innovation cluster) |
| (1) | The State and local governments shall promote policies to provide administrative and financial support to encourage domestic and foreign enterprises to make investments, to support joint research and development by universities, research institutes and enterprises, and to create institutional conditions necessary for fostering new industries, etc. in regional innovation clusters. |
| (2) | The Presidential Committee for Decentralization and Balanced Development may request the head of a central administrative agency having jurisdiction over the policies under paragraph (1) to submit a promotion plan for the relevant policies. Upon receipt of such request, the head of the central administrative agency shall comply therewith, except in extenuating circumstances prescribed by Presidential Decree. |
| (3) | A business operator who has moved into a regional innovation cluster may request that a City/Do support group for local era under Article 67(2) provide support in relation to the following applications for approval and permission under Article 22(2) in the relevant cluster. In such cases, the City/Do support group for local era shall support the relevant business affairs in accordance with the procedures and methods prescribed by Presidential Decree: |
| (4) | The head of an agency in receipt of an application for approval or permission under the subparagraphs of Article 22(2) from a business operator who has moved into a regional innovation cluster shall process such application within the period prescribed by Presidential Decree, notwithstanding other statutes or regulations, and where he or she fails to process such application within the period, he or she shall be deemed to have granted approval or permission on the day immediately following the end of such period. |
| (5) | A local government may reduce or exempt local taxes for business operators who have moved into a regional innovation cluster, as prescribed by the Act on Restriction on Special Cases concerning Local Taxation and municipal ordinances. |
| Article 29 (Selection of and support for projects for mutually beneficial local jobs) |
| (1) | In order to encourage local investments and create local jobs, the State may select and support projects on which agreements are reached among various economic entities, such as local governments, enterprises, workers and residents, about working conditions, investment plans, welfare benefits, or productivity increase (hereinafter referred to as "projects for mutually beneficial local jobs"). |
| (2) | Where the head of a local government in an area other than the Seoul metropolitan area intends to receive support for a project for mutually beneficial local jobs in his or her administrative district, he or she shall file an application for the selection of a project for mutually beneficial local jobs with the Minister of Trade, Industry and Energy. |
| (3) | A Deliberative Committee on Projects for Mutually Beneficial Local Jobs (hereafter referred to as the "Committee" in this Article) shall be established under the jurisdiction of the Minister of Trade, Industry and Energy to deliberate and resolve on the selection of projects for mutually beneficial local jobs and the revocation of selection thereof. |
| (4) | The Minister of Trade, Industry and Energy may select a project for mutually beneficial local jobs following deliberation and resolution by the Committee. In such cases, the Minister shall select such project after comprehensively examining the following matters: |
| 1. | The ripple effect on regional economies and jobs of his or her administrative district; |
| 2. | Details of agreements among participating economic subjects and rationality in the division of roles; |
| 3. | Sustainability of the relevant project for mutually beneficial local jobs; |
| 4. | Other matters determined and publicly notified by the Minister of Trade, Industry and Energy. |
| (5) | The Minister of Trade, Industry and Energy and the heads of the relevant central administrative agencies may provide administrative and financial support for projects for mutually beneficial local jobs selected pursuant to paragraph (4) in accordance with their duties. |
| (6) | A local government or a local government-invested or -funded institution (referring to a local government-invested or -funded institutions under Article 2 of the Act on the Operation of Local Government-Invested or -Funded Institution) may invest or fund an institution, corporation, or organization participating in a project for mutually beneficial local jobs selected under paragraph (4) to provide efficient support thereto. In such cases, the Act on the Operation of Local Government-Invested or -Funded Institution shall not apply to an institution, corporation, or organization invested or funded thereby. |
| (7) | Notwithstanding the State Property Act and the Public Property and Commodity Management Act, the State or a local government may allow an institution, corporation, or organization participating in a project for mutually beneficial local jobs to use or profit from State or public property or may lease or sell them under a negotiated contract. In such cases, the standards for calculating usage fees and rents for State property shall be as prescribed by Presidential Decree, notwithstanding Articles 32 (1) and 33 of the State Property Act (including cases applied mutatis mutandis in Article 47), and the usage fees and rents for public property may be reduced or exempted, as prescribed by municipal ordinance, notwithstanding Articles 22 (1), 23, 32, and 33 of the Public Property and Commodity Management Act. |
| (8) | The head of a local government shall annually submit to the Minister of Trade, Industry and Energy the results of promoting a support project, the effects thereof, a support plan, etc. for the following year, where a project for mutually beneficial local jobs is selected in his or her administrative district. |
| (9) | The Minister of Trade, Industry and Energy may revoke the selection of a project for mutually beneficial local jobs after deliberation and resolution by the Committee, in consideration of the necessity and effects of supporting the project for mutually beneficial local jobs. In such cases, matters under the subparagraphs of paragraph (4) shall be comprehensively considered. |
| (10) | The Committee shall ensure fairness and transparency in the composition of its members and in deliberation and resolution. |
| (11) | The list of members of the Committee and meeting minutes shall be disclosed to the public. |
| (12) | Except as provided in paragraphs (1) through (10), matters necessary for procedures for filing an application for the selection of a project for mutually beneficial local jobs, the selection thereof, the revocation of such selection, the composition and operation of the Committee, disclosure, etc. under paragraph (11) shall be prescribed by Presidential Decree. |
| Article 30 (Promotion of super metropolitan cooperative projects) |
| (1) | The State and local governments may promote a joint and cooperative project to respond to super metropolitan policies and administrative demand beyond an administrative district of a single City/Do and to enhance the competitiveness of regional economic and living zones (hereinafter referred to as "super metropolitan cooperative project"). |
| (2) | The State and local governments may provide administrative and financial support, with regard to the promotion, etc. of a super metropolitan cooperative project, as prescribed by Presidential Decree. |
| Article 31 (Conclusion of regional development investment agreement) |
| (1) | In order to jointly promote projects for balanced development between the State and local governments, or between local governments, the State and local governments may conclude a regional development investment agreement which includes the details of projects and investment sharing (hereinafter referred to as "regional development investment agreement"). In such cases, the Presidential Committee for Decentralization and Balanced Development shall deliberate and resolve thereon in advance. |
| (2) | In order to promote a project under a regional development investment agreement, the State and local governments shall preferentially subsidize the special account for balanced regional development under Article 74 and shall take measures to implement the agreement, such as the compilation of necessary budgets each year. |
| (3) | Matters necessary for the scope of a project for a regional development investment agreement, conclusion thereof shall be prescribed by Presidential Decree. |
| Article 32 (Establishment, development, and management of regional statistics base) |
| (1) | In order to effectively promote projects for balanced regional development, the State and local governments shall promote policies in relation to the establishment of a system for the preparation and management of regional statistics and the development of balanced development indicators, the analysis of domestic and overseas trends for the preparation of regional statistics, a fact-finding survey, etc. |
| (2) | Where necessary to prepare regional statistics under paragraph (1), the State and local governments may request that the relevant central administrative agencies, local governments, institutions under Article 4 of the Act on the Management of Public Institutions, and institutions, organizations, etc. related to balanced regional development provide necessary cooperation, such as submission of data. |
| (3) | An institution, organization, etc. in receipt of a request for necessary cooperation, such as submission of data under paragraph (2) shall comply therewith, unless there is a compelling reason not to do so. |
| (4) | The Statistics Act shall apply mutatis mutandis to the preparation of regional statistics under paragraph (1), and matters necessary for the subject, scope, etc. of surveys shall be prescribed by Presidential Decree. |
SECTION 2 Promotion of Tasks for Local Autonomy and Decentralization
| Article 33 (Devolution of authority and reorganization of business affair classification system) |
| (1) | The State shall actively devolve its authority and business affairs to local governments in accordance with the basic principles for allocating business affairs under Article 11 of the Local Autonomy Act; in the course thereof, the State shall, in principle, abolish the business affairs of the State or a City/Do which is delegated to the head of a City/Do or a Si/Gun/Gu; and the State shall divide them into autonomous business affairs and State business affairs. |
| (2) | The State shall prepare legal measures required for the comprehensive and blanket transfer of authority and business affairs to local governments. |
| (3) | The State shall provide administrative and financial support concurrently, as prescribed by Presidential Decree, so that the authority and business affairs transferred to local governments can be handled smoothly. |
| (4) | Local governments shall take necessary measures, such as the efficient assignment of organizations and human resources, and budget adjustment, to ensure the smooth handling of the authority and business affairs devolved. |
| Article 34 (Reorganization of special local administrative agencies) |
| (1) | If there are any business affairs which are being performed by special local administrative agencies under Article 3 of the Government Organization Act but which will be more efficiently performed by local governments, the State shall have local governments take charge of such business affairs. |
| (2) | Where intending to establish a new special local administrative agency, the State shall ensure that its functions are not similar to or overlap with the functions performed by local governments. |
| Article 35 (Consolidation of educational autonomy and local autonomy) |
| (1) | The State shall endeavor to consolidate educational autonomy and local autonomy. |
| (2) | Educational autonomy shall be separately prescribed by statutes. |
| Article 36 (Implementation of autonomous police system) |
| (1) | The State shall implement an autonomous police system to ensure the link between local administration and public security administration and to provide public security services suitable for regional characteristics. |
| (2) | The implementation of the autonomous police system under paragraph (1) shall be separately prescribed by statutes. |
| Article 37 (Expansion of local finance and strengthening of soundness) |
| (1) | The State shall secure new tax items for converting national taxes into local taxes so as to increase the proportion of local taxes, and strengthen fiscal adjustment accountability for underdeveloped areas. |
| (2) | Local governments shall endeavor to promote the stability of local finance and secure the rationality of budgetary expenditure by expanding their own revenues so that autonomous affairs can be performed smoothly, and shall prepare measures to develop local finance, such as strengthening soundness by rationally improving budgeting and accounting systems. |
| Article 38 (Revitalization of local councils and improvement of local election system) |
| (1) | In order to strengthen the autonomous legislative power of local governments, the State shall take necessary legal measures, such as expanding the scope of enactment of municipal ordinances. |
| (2) | The State and local governments shall prepare measures to strengthen the authority of local councils, such as expanding the right of the local councils to deliberate and resolve on major policies of the local governments. |
| (3) | The State and local governments shall prepare measures to enhance the expertise of local council members and to strengthen the independent authority of the president of the local council with respect to the personnel affairs of the public officials of the local council. |
| (4) | The State and local governments shall prepare measures to improve the local election system, such as improving the methods of electing the heads of local governments and local council members, reasonably adjusting constituencies, and expanding the public election system. |
| Article 39 (Increasing residents' participation) |
| (1) | In order to facilitate residents' participation, the State and local governments shall strengthen the residents‘ direct participation system, such as supplementing residents' voting system, residents' recall system, residents' litigation system, and residents' ordinance proposal system. |
| (2) | The State and local governments shall prepare measures to raise awareness of resident participation by encouraging and supporting residents' volunteer activities, etc. |
| Article 40 (Establishment of residents' autonomous council) |
| (1) | To promote grassroots autonomy and raise awareness of democratic participation, a residents' autonomous council consisting of residents of the relevant Eup/Myeon/Dong administrative district (hereinafter referred to as "autonomous council") may be established. |
| (2) | Where an autonomous council is established under paragraph (1), part of the business affairs of a local government may be delegated or entrusted to the autonomous council, as prescribed by relevant statutes or regulations, municipal ordinances, or rules. |
| (3) | An autonomous council shall perform the following affairs: |
| 1. | Matters for the harmony and development of residents in the district of the autonomous council; |
| 2. | Matters regarding the handling of business affairs delegated or entrusted by local governments; |
| 3. | Other matters delegated or entrusted by relevant statutes or regulations, municipal ordinances, or rules. |
| (4) | Members of an autonomous council shall be commissioned by the head of a local government, as prescribed by municipal ordinance. |
| (5) | A member commissioned under paragraph (4) shall maintain political neutrality as a volunteer to the local community and shall not abuse his or her authority when performing his or her duties. |
| (6) | Matters necessary for the establishment and operation of an autonomous council, such as the timing, composition, and finance of the autonomous council, shall be separately prescribed by statutes. |
| (7) | The Minister of the Interior and Safety may establish and operate an autonomous council on a pilot basis to for the establishment and operation of autonomous councils and may provide administrative and financial support therefor. |
| Article 41 (Strengthening of autonomous administrative capabilities) |
| (1) | Local governments shall take necessary measures, such as enhancing the quality of administrative services by ensuring fairness and transparency in administration and strengthening accountability and efficiency. |
| (2) | In order to ensure the uniformity of national affairs and the accountability of local administration, the State may prepare the standards for rationally evaluating the administrative and financial management of local governments and may diagnose and evaluate in accordance with such standards. |
| (3) | In order to enhance the expertise and capabilities of local public officials, the State and local governments shall take necessary measures, such as promoting personnel exchanges of public officials between the State and local governments or between local governments, and improving education and training systems. |
| Article 42 (Establishment of cooperative system between the state and local governments) |
| (1) | The State shall actively support the operation of a consultative body to solidify mutual cooperation with local governments and shall ensure that the opinions of the consultative body and the relevant local governments are actively reflected in national affairs. |
| (2) | In order to efficiently address disputes arising between the State and local governments or between local governments, the State and local governments shall strengthen the function of dispute resolution, such as facilitating the functions of dispute resolution bodies and reorganizing dispute resolution systems. |
| (3) | The State and local governments shall endeavor to introduce and utilize a special local government system in order to actively respond to rapid changes in all the conditions enabling local administration and to realize local autonomy in various forms. |
| Article 43 (Basic direction of restructuring of local administrative systems) |
| (1) | The restructuring of local administrative systems shall be promoted to reflect the following matters in order to ensure an efficient response to administrative demand by local governments, development suitable for regional characteristics, enhance the convenience of residents, and strengthen the competitiveness of the State and local governments: |
| 1. | Appropriateness of local autonomy and local administrative hierarchy; |
| 2. | Adjustment of autonomous districts to enhance the living convenience of residents; |
| 3. | Assignment of roles and functions corresponding to the scale and autonomous capacity of local governments; |
| 4. | Promotion of neighborhood autonomy by residential unit. |
| (2) | The Special Metropolitan City and Metropolitan Cities shall remain as local governments, but the Presidential Committee for Decentralization and Balanced Development shall prepare measures to restructure the status, functions, etc. of Gus and Guns located within the jurisdiction of the Special Metropolitan City and Metropolitan Cities, and any Gus located within the jurisdiction of the Special Metropolitan City and Metropolitan Cities, the population and size of which is quite small, shall be consolidated into an appropriate size. |
| (3) | A Do shall remain as a local government, but the Presidential Committee for Decentralization and Balanced Development shall prepare measures for the restructuring of the Do, including the re-establishment, etc. of the status and functions of the Do in relation to the consolidation, etc. of Sis/Guns under this Act. |
| (4) | The State shall support the consolidation of local governments the areas of which require consolidation, in comprehensive consideration of the population, geographical conditions, living zone, economic zone, potential for development, regional characteristics, historical and cultural homogeneity, etc. In such cases, the consolidation of Sis/Guns/Gus shall not be subject to restrictions on the boundaries of the jurisdictions of Cities/Dos and Sis/Guns/Gus. |
| (5) | The re-establishment of the status and functions of a Do under paragraph (3) shall be separately prescribed by statutes. |
SECTION 3 Establishment of Consolidated Local Governments and Special Cases
Subsection 1 Establishment of Consolidated Local Governments
| Article 44 (Establishment of consolidated local governments) |
| (1) | A consolidated local government shall be established as a local government under Article 2(1)2 of the Local Autonomy Act. |
| (2) | A consolidated local government may establish a non-autonomous Gu, a branch office, etc. in any district of a local government to be abolished due to consolidation, as prescribed by relevant statutes or regulations. |
| (3) | A consolidated local government shall have Dongs in an urban area and Eups/Myeons in any other area, but may have Eups/Myeons/Dongs in a non-autonomous Gu, notwithstanding Article 3(3) of the Local Autonomy Act. |
| Article 45 (Procedures for consolidation of Sis/Guns/Gus) |
| (1) | The Presidential Committee for Decentralization and Balanced Development shall discover local governments subject to consolidation in accordance with standards for consolidating local governments under subparagraph 10 of Article 63. |
| (2) | The head of a local government, a local council, or residents of at least a certain number prescribed by Presidential Decree within the limit of not less than 1/100 but not more than 1/50 of the total number of resident voters under Article 5 of the Residents' Voting Act may make a recommendation to the Presidential Committee for Decentralization and Balanced Development for its consolidation with neighboring local governments, as prescribed by Presidential Decree. |
| (3) | The Presidential Committee for Decentralization and Balanced Development shall prepare measures for the consolidation of Sis/Guns/Gus, but shall refer to any proposal made under paragraph (2), if any. |
| (4) | The Minister of the Interior and Safety may recommend the consolidation of local governments to the heads of the relevant local governments in accordance with measures for consolidating Sis/Guns/Gus under paragraph (3). |
| (5) | The Minister of the Interior and Safety shall hear the opinions of the relevant local council on the recommendation for consolidation of local governments under paragraph (4); provided, this shall not apply where the Minister of the Interior and Safety requested the head of the relevant local government to conduct a residents' voting under Article 8 of the Residents' Voting Act and such residents' voting was conducted. |
| (6) | Upon receipt of a request to conduct a residents' voting in connection with the consolidation of Sis/Guns/Gus under this Act, the head of a local government shall publish it without delay and conduct a residents' voting, notwithstanding Articles 8 (2) and (3) and 13 (1) 1 of the Residents' Voting Act. |
| (7) | Except as provided in this Act, the Residents' Voting Act shall apply to residents' voting under paragraph (5). |
| Article 46 (Joint Committee for Consolidation Promotion) |
| (1) | Where the hearing of opinions of a local council, residents‘ voting, etc. under Article 45 confirms the intention to consolidate local governments, the heads of the relevant local governments shall jointly establish a joint committee for consolidation promotion (hereinafter referred to as the "Joint Committee") to deliberate on the details in relation to consolidation, such as name, location of an office building and business affairs of local governments. |
| (2) | The members of the Joint Committee shall be comprised of the heads of the relevant local governments and persons recommended by the local councils, and the number of the Joint Committee members shall be equally assigned to each relevant local government. |
| (3) | Members shall be jointly commissioned by the heads of the relevant local governments, and the president shall be elected among and by the members. |
| (4) | The Joint Committee may establish a secretariat to handle its business affairs. |
| (5) | Matters necessary for the composition of the Joint Committee, matters subject to deliberation thereby, operation, secretariat, etc. of the Joint Committee shall be prescribed by Presidential Decree. |
| Article 47 (Name of consolidated local government) |
| (1) | The Joint Committee shall deliberate and resolve on the name of a consolidated local government and the location of its office building and submit it to the Minister of the Interior and Safety within 60 days from the date of its establishment. |
| (2) | Where the Joint Committee fails to adopt a resolution on the name of a consolidated local government and the location of its office building within the period specified in paragraph (1), the Presidential Committee for Decentralization and Balanced Development may present a recommendation thereon to the relevant Joint Committee. |
| (3) | Where the Joint Committee fails to adopt a resolution on the name of a consolidated local government and the location of its office building within 30 days from the date on which the Joint Committee receives a recommendation under paragraph (2), the Presidential Committee for Decentralization and Balanced Development may apply adjustment thereto in accordance with the standards prescribed by Presidential Decree. |
| (4) | Matters necessary for the standards, procedures, etc. for recommendations and adjustments by the Presidential Committee for Decentralization and Balanced Development shall be prescribed by Presidential Decree. |
Subsection 2 Special Cases concerning Consolidated Local Government
| Article 48 (Principle of exclusion of disadvantages) |
No consolidation of local governments shall lead to the loss of administrative or financial interests for the previous local governments or specific regions, or to the addition of new burden on the residents of such regions.
| Article 49 (Guarantee of fair treatment of public officials) |
| (1) | The excess quota of public officials due to the consolidation of local governments shall be deemed additional quota, but such local governments shall actively endeavor to resolve them promptly. |
| (2) | A consolidated local government shall equally treat the public officials of the local government to be abolished in personnel management. |
| Article 50 (Support and special cases concerning budget) |
| (1) | The State may subsidize the expenses directly used for the consolidation of local governments to any local governments which are in the consolidation process or any consolidated local government within budgetary limits. |
| (2) | The State may subsidize part of the operating expenses, etc. saved due to the consolidation of local governments (limited to the budget borne by the State) to any consolidated local government. |
| (3) | The initial budget of a consolidated local government shall be the combination of the budget compiled and resolved by each previous local government by account and budget item. |
| Article 51 (Special support to consolidated local governments) |
| (1) | The head of a central administrative agency and a Mayor/Do Governor may provide consolidated local governments with special financial support, such as granting subsidies, financial investment and loans, as prescribed by Presidential Decree. |
| (2) | When the head of a central administrative agency designates a district, area, etc. for the development of a specific area, such as a regional development project zone under the Regional Development Assistance Act, he or she may preferentially designate a consolidated local government or part of its jurisdiction, as prescribed by Presidential Decree. |
| (3) | Where implementing various policy projects, etc., the head of a central administrative agency and a Mayor/Do Governor may preferentially support consolidated local governments, as prescribed by Presidential Decree. |
| Article 52 (Special cases concerning calculation of local subsidies) |
| (1) | Notwithstanding Article 7 of the Local Subsidy Act, if the amount of financial deficit of a consolidated local government is less than the aggregate of financial deficit of each local government to be abolished in the year in which the consolidated local government is established (referring to that the standard amount of financial revenue calculated under the Local Subsidy Act falls short of the standard amount of financial demand), the general subsidies granted to the consolidated local government may be corrected annually in the standard amount of financial demand of the consolidated local government for 4 years from the first fiscal year (referring to the following year, where the consolidated local government is established on January 1), which commences after the consolidated local government is established. |
| (2) | The requirements, period, and standards for correcting the standard amount of financial demand under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of the Interior and Safety. |
| Article 53 (Financial support to consolidated local governments) |
In addition to the amount of ordinary subsidies granted under Article 4(2)1 of the Local Subsidy Act, the State shall additionally subsidize 6/100 of the total amount of ordinary subsidies of each local government to be abolished in the year immediately preceding the year in which the consolidated local government is established, every year for 10 years (until December 31, 2025 in cases of Changwon-si, Gyeongsangnam-do, and until December 31, 2029 in cases of Cheongju-si, Chungcheongbuk-do), as prescribed by Presidential Decree. <Amended on Jul. 4, 2023>
| Article 54 (Special cases concerning budget) |
A consolidated local government shall endeavor to maintain the expenditure budget ratio between local governments to be abolished during a certain period prescribed by Presidential Decree from the date on which the consolidated local government is established.
| Article 55 (Special cases concerning fixed number of vice-presidents of local councils) |
| (1) | Where a consolidated local government is to be established, 1 president shall be elected to the relevant local council and the vice-presidents equivalent to the number of local governments to be abolished shall be elected by a secret ballot, until the new local council is formed by the first election held at the expiration of the term of office after the relevant local government is established, notwithstanding Article 57(1) of the Local Autonomy Act. In such cases, 1 vice-president shall be elected for each local government to be abolished from among the members of the local councils of the local governments to be abolished. |
| (2) | The term of office of the president and vice-presidents elected pursuant to paragraph (1) shall be the remaining term of office of the president and vice-president of the local council of a local government to be abolished. |
| Article 56 (Special cases concerning fixed number of members) |
When the local constituency is demarcated for the first election to form a local council of a consolidated local government, the fixed number of members to be elected within the jurisdiction of each local government to be abolished shall be determined to reflect the equivalence of population.
| Article 57 (Special cases concerning the Passenger Transport Service Act) |
| (1) | The fares and charges applicable to the passenger transport business of a consolidated local government under Article 8 of the Passenger Transport Service Act shall be governed by the standards and rates applicable to the passenger transport business of local governments to be abolished; provided, such standards and rates shall be adjusted within 1 year from the date on which the consolidated local government is established. |
| (2) | Notwithstanding paragraph (1), with respect to taxi transportation business of a consolidated local government, extra charges for inter-region operations applied between local governments before consolidation shall be abolished from the date on which the consolidated local government is established. |
| (3) | The standards for licenses or registration under Article 5 of the Passenger Transport Service Act, which apply to passenger transport business operators who have obtained a license or registration under Article 4 of that Act in the Gun area of a local government to be abolished, shall be the standards applicable to the Gun area even after a consolidated local government is established. |
| (4) | Where a person who has obtained a license for passenger transport business under Article 4 of the Passenger Transport Service Act before a consolidated local government is established is required to change the detailed passenger transport business due to the establishment of the consolidated local government, such type of business shall be deemed changed on the date on which the consolidated local government is established, notwithstanding Article 7 of that Act. In such cases, the competent administrative agency shall issue a new license to the relevant passenger transport business operator within 1 month from the date on which the consolidated local government is established. |
Subsection 3 Special Cases concerning Large Sis
| Article 58 (Special cases concerning business affairs of large Sis) |
| (1) | Special cases may be established for the administrative and financial management, guidance, and supervision of any of the following large Sis, other than the Special Metropolitan City and Metropolitan Cities, in consideration of their characteristics, as prescribed by relevant statutes; provided, a local government with a population of at least 300,000 and an area of at least 1,000 square kilometers shall be deemed a large city with a population of at least 500,000: |
| 1. | A large city with a population of at least 500,000; |
| 2. | A large city with a population of at least 1 million persons (hereinafter referred to as "Special Si"). |
| (2) | The Presidential Committee for Decentralization and Balanced Development shall discover special cases under paragraph (1) and prepare such implementation measures. |
| Article 59 (Special cases concerning business affairs of special Sis) |
Notwithstanding the relevant statutes, the head of a Special Si may handle the following business affairs:
| 1. | Issuance of local development bonds under Article 19(2) of the Local Public Enterprises Act. In such cases, approval from a local council shall be obtained in advance; |
| 2. | Permission for a building under Article 11(2)1 of the Building Act; provided, in cases of any of the following buildings, approval from the Governor shall be obtained in advance: |
| a. | A building with at least 51 floors (including where the number of floors becomes at least 51 floors by expanding at least 30/100 of the total floor area); |
| b. | A building with a total floor area of at least 200,000 square meters (including where at least 30/100 of the total floor area is expanded so that its total floor area exceeds 200,000 square meters); |
| 3. | Designation of a housing site development zone under Article 3(1) of the Housing Site Development Promotion Act (limited to cases designated by the Do Governor). In such cases, prior consultation shall be held with the competent Do Governor; |
| 4. | Prevention of, precautions against, and extinguishment and investigation of fires, and rescue, first-aid services, etc. in times of fires, calamities, disasters, or other emergency situations under Articles 3 and 6 of the Framework Act on Firefighting Services; |
| 5. | Submission of applications for permission to divert farmland under Article 34 of the Farmland Act without going through the Do Governor; |
| 6. | Determination of the fixed number of public officials of Grade V or lower by rank or institution within the limit of the fixed number of public officials of each local government pursuant to Article 125 of the Local Autonomy Act; |
| 7. | A request for a determination to modify an urban or Gun management plan in relation to the designation and cancellation of a development restriction zone under Article 4 of the Act on Special Measures for Designation and Management of Development Restriction Zones without going through the Governor. In such cases, prior consultation with the competent Do Governor shall be held; |
| 8. | Imposition and collection of environmental improvement charges under Articles 9 (5) and 22 of the Environmental Improvement Cost Liability Act; |
| 9. | Administrative affairs concerning the development and management of ports performed by a City/Do as an administrative body or by a City/Do Governor as a management authority in a local managed trade port under Article 2(6)b of the Harbor Act; administrative affairs concerning the entry and departure of ships performed by a City/Do as an administrative body or by a City/Do Governor as a management authority in a local managed trade port under subparagraph 2-2b of Article 2 of the Act on the Entry and Departure of Ships; administrative affairs concerning the registration, reporting, and management of harbor transport business and harbor transport- related business performed by a City/Do as an administrative body or by a City/Do Governor as a management authority in a local managed trade port under Article 2(7)2 of the Harbor Transport Business Act; affairs concerning the reporting and revised reporting of marine facilities under Article 33(1)2 of the Marine Environment Management Act; affairs concerning access inspections, reporting, etc. under Article 115(2) of the same Act; and affairs concerning the imposition and collection of administrative fines (limited to administrative fines under Article 132(2)2 of the same Act) under Article 133 of the same Act; |
| 10. | Management of public waters, such as the removal of neglected ships and permission to occupy and use public waters in a harbor area of a regional trade port under Articles 6, 8 through 10, 13 through 21, 55, 57, 58, and 66 of the Public Waters Management and Reclamation Act; |
| 11. | Procedures for and examination of permission for diversion of mountainous districts under Article 14(1) of the Mountainous Districts Management Act [limited to mountainous districts of State forests, public forests, or private forests, other than those under the jurisdiction of the Minister of the Korea Forest Service, where the area of mountainous districts for which permission for diversion of a mountainous district is not less than 500,000 square meters but less than 2 million square meters (in cases of preserved mountainous districts, not less than 30,000 square meters but less than 1 million square meters)]; |
| 12. | Affairs regarding the organization, functions, and operation of a regional deliberation committee on construction technology under Article 5(1) of the Construction Technology Promotion Act; |
| 13. | Affairs regarding the designation, cancellation of designation, development, operation, etc. of a logistics complex under Articles 22, 22-2, 22-3, 22-5 through 22-7, 26, 27, 27-2, 28, 44, 46, 50-3, 52-2, 52-3, 53, 54, and 57 of the Act on the Development and Management of Logistics Facilities. |
| Article 60 (Auxiliary agencies of special Sis) |
| (1) | Notwithstanding Article 123(1) of the Local Autonomy Act, the number of the Deputy Mayors of a Special Si shall be 2. In such cases, notwithstanding Article 123(4) of the Local Autonomy Act, one Deputy Mayor may be appointed as a local public official in general service, extraordinary civil service, or a fixed term position. |
| (2) | Where 2 Deputy Mayors are assigned pursuant to paragraph (1), their titles shall be the first Deputy Mayor and the second Deputy Mayor, respectively, and the division of their business affairs shall be prescribed by ordinance of the relevant local government. |
| (3) | Notwithstanding Articles 68, 102, and 125 of the Local Autonomy Act, the administrative bodies and the fixed number of personnel of a special Si may be prescribed by Presidential Decree in consideration of the population, urban characteristics, area, etc. of such Si. |
| Article 61 (Special cases concerning finance for large cities) |
| (1) | In cases of a large Si under Article 58(1), in addition to grants-in-aid for adjustment distributed pursuant to Article 29 of the Local Finance Act, the Do Governor may secure an additional ratio not exceeding 10/100 of Do taxes (excluding local resource and facility taxes for nuclear power generation, local resource and facility taxes for firefighting, and local education taxes) collected in the relevant Si and directly grant them to the relevant Si. |
| (2) | The proportion of Do taxes to be granted additionally to a large Si pursuant to paragraph (1) shall be prescribed by Presidential Decree, in consideration of the scale, details, etc. of the transfer of business affairs. |
| (3) | Notwithstanding Article 8(2)2a of the Framework Act on Local Taxes, in cases of a Special Si, the local resource and facility tax for firefighting under Article 142(1) of the Local Tax Act shall be the tax of the Si. |
CHAPTER IV PRESIDENTIAL COMMITTEE FOR DECENTRALIZATION AND BALANCED DEVELOPMENT
| Article 62 (Establishment and term of existence of Presidential Committee for Decentralization and Balanced Development) |
| (1) | In order to promote local autonomy, decentralization and balanced regional development, a Committee for Decentralization and Balanced Development shall be established under the jurisdiction of the President. |
| (2) | The Presidential Committee for Decentralization and Balanced Development shall continue to exist for 5 years from the date this Act enters into force. |
The Presidential Committee for Decentralization and Balanced Development shall deliberate and resolve on the following matters:
| 1. | Matters regarding the basic direction of local autonomy, decentralization, and balanced regional development and the coordination of related policies; |
| 2. | Matters regarding the overall control, coordination and inspection of, and support for national tasks on local autonomy, decentralization, and balanced regional development; |
| 3. | Matters regarding comprehensive plans for local era, City/Do plans, City/Do implementation plans, sectoral plans, sectoral implementation plans, plans for the development of super metropolitan areas, and implementation plans for the development of super metropolitan areas under Chapter II; |
| 4. | Matters regarding the promotion, survey, analysis, evaluation, and coordination of policies and projects on balanced regional development and tasks for local autonomy and decentralization under Chapter III; |
| 5. | Matters regarding the designation of and support for opportunity development zones under Article 23; |
| 6. | Matters regarding relocation of public institutions, etc. to provincial areas, revitalization of innovation cities, and determination of location of new public institutions; |
| 7. | Matters regarding the designation and development of regional innovation clusters; |
| 8. | Matters regarding the conclusion and operation of regional development investment agreements; |
| 9. | Matters regarding human resources, financial requirements, etc. necessary for the smooth handling of authority and business affairs to be transferred to local governments pursuant to Article 33; |
| 10. | Matters regarding standards for the consolidation of local governments, consolidation measures, and coordination; |
| 11. | Matters regarding the operation of the special account for balanced regional development under Chapter V; |
| 12. | Matters regarding opinions submitted to the head of a central administrative agency under Article 72(3); |
| 13. | Matters subject to deliberation by the Presidential Committee for Decentralization and Balanced Development under other statutes; |
| 14. | Other matters necessary in relation to local autonomy, decentralization and balanced regional development, which are submitted for a meeting by the president. |
| Article 64 (Composition and operation of Presidential Committee for Decentralization and Balanced Development) |
| (1) | The Presidential Committee for Decentralization and Balanced Development shall be comprised of not more than 39 members, including 1 president and 1 vice-president, and the members shall be classified into ex officio members and commissioned members. |
| (2) | The Minister of Economy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Employment and Labor, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of SMEs and Startups, the Minister of the Office for Government Policy Coordination, and the representative of the consultative body under Article 182(1)1 through 4 of the Local Autonomy Act shall be the ex officio members. |
| (3) | The Presidential Committee for Decentralization and Balanced Development may request the following persons to attend its meetings, if deemed necessary for performing its affairs: |
| 1. | The Minister of Gender Equality and Family; |
| 2. | The Minister of Government Legislation; |
| 3. | A secretary in political service who assists in the affairs related to local autonomy, decentralization or balanced regional development at the Office of the Presidential Secretariat; |
| 4. | Other heads of central administrative agencies whose attendance at a meeting is deemed necessary by the president in connection with the relevant agenda items. |
| (4) | Commissioned members shall be comprised of 4 persons recommended by the Speaker of the National Assembly and not more than 17 persons commissioned by the President from among persons who have extensive knowledge of and experience in local autonomy, decentralization, and balanced regional development and who are trusted and respected by citizens, in consideration of gender balance. In such cases, a majority of the commissioned members shall be those who have domiciles in an area other than the Seoul metropolitan area for at least 1 year as of the date of commissioning. |
| (5) | The president and vice-president shall be commissioned by the President from among the commissioned members. |
| (6) | The term of office of a commissioned member shall be 2 years; provided, the term of office of a member newly commissioned due to the resignation, etc. of a member shall be the remainder of his or her predecessor's term of office. |
| (7) | Notwithstanding paragraph (6), commissioned members shall be deemed dismissed when the term of existence of the Presidential Committee for Decentralization and Balanced Development expires pursuant to Article 62(2). |
| (8) | The Presidential Committee for Decentralization and Balanced Development shall have 1 executive secretary, who shall be the head of the planning office for local era under Article 68. |
| (9) | A subcommittee may be established under the Presidential Committee for Decentralization and Balanced Development to deliberate on its affairs in an efficient manner. |
| (10) | A specialized committee may be established under the Presidential Committee for Decentralization and Balanced Development to conduct research and review in advance on matters subject to deliberation by field. |
| (11) | The Presidential Committee for Decentralization and Balanced Development may request that public officials of the relevant administrative agencies or executive officers and employees of the relevant institutions, corporations, organizations, etc. be dispatched or hold concurrent positions, and experts in related fields may be appointed as public officials in a fixed term position under Article 26-5 of the State Public Officials Act, if necessary for performing its affairs. |
| (12) | Except as provided in paragraphs (1) through (11), matters necessary for the composition and operation of the Presidential Committee for Decentralization and Balanced Development, such as a meeting, a subcommittee and an expert committee of the Presidential Committee for Decentralization and Balanced Development, shall be prescribed by Presidential Decree. |
| Article 65 (Duties of president) |
| (1) | The president shall represent the Presidential Committee for Decentralization and Balanced Development and shall have general supervision and control of the affairs of the Committee. |
| (2) | When the president is unable to perform his or her duties due to any unavoidable reasons, the vice-president shall act on his or her behalf. |
| (1) | The president shall convene and preside over the meetings of the Presidential Committee for Decentralization and Balanced Development. |
| (2) | A majority of all incumbent members of the Presidential Committee for Decentralization and Balanced Development shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least a majority of those present. |
| Article 67 (Establishment and operation of City/Do committee for local era) |
| (1) | A Mayor/Do Governor shall establish and operate a City/Do committee for local era to deliberate on matters regarding local autonomy, decentralization and balanced regional development in relation to the relevant local government. |
| (2) | A Mayor/Do Governor shall establish a City/Do support group for local era under his or her jurisdiction to support the competent City/Do committee for local era. |
| (3) | The head of a Si/Gun/Gu may establish and operate a Si/Gun/Gu committee for local era to engage in consultation on, coordination of, etc. matters regarding local autonomy, decentralization and balanced regional development in relation to the relevant local government. |
| (4) | Matters necessary for the establishment, operation, etc. of a City/Do committee for local era, a City/Do support group for local era, and a Si/Gun/Gu committee for local era under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 68 (Planning office for local era) |
| (1) | The planning office for local era may be established under the Presidential Committee for Decentralization and Balanced Development to deliberate on its business affairs in an efficient manner. |
| (2) | Matters necessary for the composition and operation of the planning office for local era under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 69 (Support organization for planning office for local era) |
| (1) | The relevant central administrative agencies, such as the Ministry of Economy and Finance, the Ministry of the Interior and Safety, the Ministry of Trade, Industry and Energy, and the Ministry of Land, Infrastructure and Transport may have organizations necessary to support the affairs of the planning office for local era and to enable the Mayors/Do governors to formulate and implement the City/Do plans effectively. |
| (2) | Matters necessary for the establishment and operation of a support organization under paragraph (1), the scope of its affairs, etc. shall be prescribed by Presidential Decree. |
| Article 70 (Reporting on progress of policy promotion) |
| (1) | The Presidential Committee for Decentralization and Balanced Development shall regularly report to the President on matters subject to deliberation and resolution under Article 63 and progress on the promotion of policies related to local autonomy, decentralization and balanced regional development to the President. |
| (2) | Upon completing a report under paragraph (1), the Presidential Committee for Decentralization and Balanced Development shall notify the heads of the relevant central administrative agencies and the heads of local governments of the details of the report without delay. |
| (3) | The heads of the relevant central administrative agencies and the heads of local governments notified pursuant to paragraph (2) shall promptly formulate an action plan and submit it to the Presidential Committee for Decentralization and Balanced Development, and take necessary measures, such as enacting or amending relevant statutes or regulations. |
| Article 71 (Inspection of implementation status) |
| (1) | In order to ensure that an action plan formulated under Article 70(3) can be implemented in a smooth manner, the Presidential Committee for Decentralization and Balanced Development shall report to the State Council on the results of inspecting the progress made by the relevant central administrative agencies and local governments. |
| (2) | If necessary, the Presidential Committee for Decentralization and Balanced Development may report the results of inspection under paragraph (1) to the Central Local Cooperation Council under the Act on the Organization and Operation of the Central Local Cooperation Council. |
| (3) | The Presidential Committee for Decentralization and Balanced Development may recommend that the heads of the relevant central administrative agencies and the heads of local governments take necessary measures according to the inspection results under paragraph (1); provided, where it is deemed that the transfer of authority of the central administrative agencies as resolved by the Presidential Committee for Decentralization and Balanced Development under Articles 33 and 63 has been delayed, the Presidential Committee for Decentralization and Balanced Development may recommend that necessary measures be taken by fixing a deadline. |
| (4) | Upon receipt of a recommendation under the proviso of paragraph (3), the head of a central administrative agency shall take necessary measures, such as amendment of relevant statutes or regulations, by the deadline determined by the Presidential Committee for Decentralization and Balanced Development, and shall notify the Presidential Committee for Decentralization and Balanced Development of the results thereof. |
| Article 72 (Cooperation with televant agencies) |
| (1) | The Presidential Committee for Decentralization and Balanced Development may require the relevant public officials, experts, etc. to attend its meetings and express their opinions, or request the relevant institutions, corporations, organizations, etc. to provide necessary cooperation, such as submission of data and opinions, if necessary for performing its affairs. |
| (2) | The relevant public officials, institutions, corporations, organizations, etc. in receipt of a request for cooperation under paragraph (1) shall comply therewith, unless there is a compelling reason not to do so. |
| (3) | Where the head of a central administrative agency intends to enact or amend statutes or regulations related to local autonomy, decentralization, and balanced regional development, he or she shall give prior notice to the Presidential Committee for Decentralization and Balanced Development, and the Presidential Committee for Decentralization and Balanced Development may present its opinion on the notified statutes or regulations to the head of the central administrative agency, if necessary. |
| (4) | The head of a local government may attend a meeting of the Presidential Committee for Decentralization and Balanced Development on local autonomy, decentralization, and balanced regional development to express his or her opinions or may present his or her opinions in writing. In such cases, the Presidential Committee for Decentralization and Balanced Development shall respect the opinions presented. |
| Article 73 (Annual report to National Assembly) |
| (1) | The Presidential Committee for Decentralization and Balanced Development shall prepare a report on the status and outcomes of local autonomy, decentralization, and balanced regional development in the preceding year and submit it to the National Assembly before the opening of the regular session every year. |
| (2) | A report under paragraph (1) shall include the following matters: |
| 1. | Formulation and management of a comprehensive plan for local era under Chapter II; |
| 2. | Outcomes of policies for balanced regional development, tasks, etc. for local autonomy and decentralization under Chapter III and future plans; |
| 3. | Other important matters regarding local autonomy, decentralization, and balanced regional development. |
CHAPTER V SPECIAL ACCOUNT FOR BALANCED REGIONAL DEVELOPMENT
| Article 74 (Establishment of special account for balanced regional development) |
A special account for balanced regional development (hereinafter referred to as the "Account") shall be established to efficiently promote projects related to support for the comprehensive plan for local era and policies for balanced regional development.
| Article 75 (Management and operation of Account) |
| (1) | The Account shall be managed and operated by the Minister of Economy and Finance. |
| (2) | The budget of the Account may be classified by organization of each central administrative agency. |
| (3) | Matters necessary for the allocation of the expenditure budget, the operation of funds, the settlement of accounts, and other matters necessary for the management and operation of the Account shall be prescribed by Presidential Decree. |
| Article 76 (Classification of account) |
The Account shall be classified into the local autonomous account, the local support account, the Jeju Special Self-Governing Province account, and the Sejong Special Self-Governing City account.
| Article 77 (Property in account) |
| (1) | The following land shall be the property belonging to the local support account of the Account: |
| 1. | Land which has been paid in kind as a development charge under the Restitution of Development Gains Act; |
| 2. | Land purchased by the State under Articles 15 and 16 of the Act on Report on Real Estate Transactions; |
| 3. | Other land reverted to the property of the Account under other statutes. |
| (2) | Notwithstanding Article 75(1), the head of the relevant central administrative agency shall manage and operate the property of the Account under paragraph (1). |
| (3) | The head of the relevant central administrative agency under paragraph (2) may lease (including a loan for use) or take dispositions, such as exchange, transfer and sale of the property of the Account under paragraph (1), as prescribed by Presidential Decree. |
| Article 78 (Revenues and expenditures of local autonomous account) |
| (1) | The revenues of the local autonomous account of the Account shall be as follows: |
| 1. | 40/100 of the liquor tax under the Liquor Tax Act; |
| 2. | Overconcentration charges reverted to the Account under Article 16 of the Seoul Metropolitan Area Readjustment Planning Act; |
| 3. | Development charges reverted to the Account under Article 4(1) of the Restitution of Development Gains Act; |
| 4. | Funds transferred to the Account under Articles 4(2)4, 4-2(2)3, and 5(2)5 of the Act on the Special Account for Agriculture and Fisheries Structure Adjustment; |
| 5. | Deposits from the Public Capital Management Fund under the Public Capital Management Fund Act; |
| 6. | Funds transferred from general accounts or other special accounts; |
| 7. | Funds transferred from the local support account, the Jeju Special Self-Governing Province account, and the Sejong Special Self-Governing City account of the Account; |
| 8. | Principal and interest of loans under paragraph (2)7; |
| 9. | Funds transferred under Article 82; |
| 10. | Temporary loans under Article 83(1); |
| 11. | Surplus from the settlement of accounts of the preceding year under Article 91; |
| 12. | Other revenues reverted to the Account under other statutes. |
| (2) | The expenditures of the local autonomous account of the Account shall be as follows: |
| 1. | Subsidies to local governments for the following projects: |
| a. | Projects related to the expansion of the living infrastructure of the basic settlement area, which are implemented through the integration of the following matters to develop growth promotion areas, areas under special circumstances, agricultural, mountain and fishing villages, urban vitality promotion areas, etc.: |
1) Matters regarding the development of islands under the Islands Development Promotion Act;
2) Matters regarding the development of small local towns under the Act on the Assistance to the Development of Small Local Towns;
3) Matters regarding the development of the border area under the Special Act on Support for Border Area;
4) Matters regarding the improvement of living environments in agricultural and fishing villages, the creation of rural villages, and the development of water for rural agricultural life under the Agricultural and Fishing Villages Improvement Act;
5) Matters regarding the development of agricultural and fishing villages under the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing Villages;
6) Matters regarding the development of fishing villages under the Fishing Villages and Fishery Harbors Act;
7) Matters regarding regional development projects under the Regional Development Assistance Act;
8) Matters regarding the improvement of the urban environment under the Act on the Improvement of Urban Areas and Residential Environments;
9) Matters regarding the development of mountain villages under the Framework Act on Forestry and the Forestry and Mountain Villages Development Promotion Act;
10) Matters regarding the development of local waterworks under the Water Supply and Waterworks Installation Act;
11) Matters regarding plans for specialized development of fishing villages under the Special Act on Support for Specialized Development of Fishing Villages;
| b. | Projects related to the expansion and improvement of local community infrastructure; |
| c. | Projects related to the development and expansion of regional cultural, art, sports, and tourism resources; |
| d. | Projects related to the creation of an industrial base, such as expansion of regional logistics and distribution base; |
| e. | Projects related to the development and utilization of local resources having regional characteristics; |
| f. | Other projects subsidized by local governments, excluding projects prescribed by presidential decree; |
| 2. | Expenses necessary for survey and research projects to promote balanced regional development; |
| 3. | Repayment of principal and interest of deposits from the Public Capital Management Fund under the Public Capital Management Fund Act; |
| 4. | Repayment of principal and interest of temporary loans under Article 83(1); |
| 5. | Expenses necessary for the management and operation of accounts; |
| 6. | Funds transferred to the local support account, the Jeju Special Self-Governing Province account, and the Sejong Special Self-Governing City account of the Account; |
| 7. | Subsidization of other expenses incurred in other projects prescribed by Presidential Decree with regard to balanced regional development, such as loans, etc. |
| (3) | Matters necessary for the eligibility, conditions, and procedures for loans under paragraph (2)7 shall be prescribed by Presidential Decree. |
| Article 79 (Revenues and expenditures of local support account) |
| (1) | The revenues of the local support account of the Account shall be as follows: |
| 1. | 60/100 of the liquor tax under the Liquor Tax Act; |
| 2. | Charges for preservation of development restriction zones reverted to the Account under Article 26(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones; |
| 3. | Charges for metropolitan transportation facilities reverted to the Account under Article 11-6(1) of the Special Act on the Management of Intercity Transport in Metropolitan Areas; |
| 4. | Deposits from the Public Capital Management Fund under the Public Capital Management Fund Act; |
| 5. | Funds transferred from general accounts or other special accounts; |
| 6. | Funds transferred from the local autonomous account, the Jeju Special Self-Governing Province account, and the Sejong Special Self-Governing City account of the Account; |
| 7. | Principal and interest of loans under paragraph (2)1 through 7 and 16; |
| 8. | Temporary loans under Article 83(1); |
| 9. | Surplus from the settlement of accounts of the preceding year under Article 91; |
| 10. | Rent and sale proceeds of the property in the Account under Article 77(1); |
| 11. | Other revenues reverted to the Account under other statutes. |
| (2) | The expenditures of the local support account of the Account shall be as follows: |
| 1. | Contributions, subsidies, or loans for projects related to the expansion of transportation and logistics networks to revitalize super metropolitan areas and to strengthen regional competitiveness; |
| 2. | Contributions, subsidies, or loans for projects related to the fostering of regional specialized industries and super metropolitan industries, and the promotion of investments and job creation; |
| 3. | Contributions, subsidies or loans for projects related to the improvement of competitiveness of local universities and colleges, and the development of local human resources; |
| 4. | Contributions, subsidies or loans for projects related to the promotion and specialization of local science and technology; |
| 5. | Subsidization of necessary expenses, such as loans, for projects related to the relocation of population-concentrating facilities including public institutions, enterprises and universities, to provincial areas; |
| 6. | Contributions, subsidies, or loans for projects related to the fostering of regional cultural and tourism resources, the discovery and promotion of regional unique spiritual culture and regional values, environmental conservation, etc.; |
| 7. | Contributions, subsidies or loans to major regional growth hubs; |
| 8. | Expenses incurred in the transfer of special local administrative agencies to provincial areas under relevant statutes or regulations; |
| 9. | Expenses necessary for projects under Article 26(2) of the Act on Special Measures for Designation and Management of Development Restriction Zones; |
| 10. | Expenses necessary for survey and research projects to revitalize super metropolitan areas and strengthen regional competitiveness; |
| 11. | Repayment of principal and interest of deposits from the Public Capital Management Fund under the Public Capital Management Fund Act; |
| 12. | Expenses necessary for the management and operation of property in the Account under Article 77(1); |
| 13. | Repayment of principal and interest of temporary loans under Article 83(1); |
| 14. | Expenses necessary for the management and operation of accounts; |
| 15. | Funds transferred to the local autonomous account, the Jeju Special Self-Governing Province account, and the Sejong Special Self-Governing City account of the Account; |
| 16. | Subsidization of other expenses incurred in the implementation of projects regarding balanced regional development, prescribed by Presidential Decree, such as loans. |
| (3) | Matters necessary for the eligibility, conditions, and procedures for loans under paragraph (2)1 through 7 and 16 shall be prescribed by Presidential Decree. |
| (4) | In relation to paragraph (2)8, the State shall fully subsidize the relevant local government for expenses incurred in the transfer of special local administrative agencies to provincial areas under relevant statutes or regulations. |
| Article 80 (Revenue and expenditure of Jeju Special Self-Governing Province account) |
| (1) | The revenues of the Jeju Special Self-Governing Province account of the Account shall be as follows: |
| 1. | Funds transferred from general accounts and other special accounts; |
| 2. | Funds transferred from the local autonomous account, the local support account, and the Sejong Special Self-Governing City account of the Account; |
| 3. | Temporary loans under Article 83(1); |
| 4. | Surplus from the settlement of accounts of the preceding year under Article 91; |
| 5. | Other revenues reverted to the Account under other statutes. |
| (2) | The expenditures of the Jeju Special Self-Governing Province account of the Account shall be as follows: |
| 1. | The following contributions, subsidies, loans, etc. to Jeju Special Self-Governing Province: |
| a. | Subsidies and support under Article 78(2)1 (excluding item f of that subparagraph) and 7; |
| b. | Contributions, subsidies, loans, support, etc. under Article 79(2)1 through 7,9,10, and 16; |
| c. | Other projects subsidized by local governments, excluding projects prescribed by presidential decree; |
| 2. | Expenses incurred in the transfer of a special local administrative agency under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City and the amount equivalent to expenses for police personnel transferred to the autonomous police and part of the operating expenses thereof; |
| 3. | Repayment of the principal and interest of temporary borrowings under Article 83(1); |
| 4. | Funds transferred to the local autonomous account, the local support account, and the Sejong Special Self-Governing City account of the Account; |
| 5. | Other expenses necessary for the management and operation of accounts. |
| (3) | Matters necessary for the eligibility, conditions, and procedures for loans under paragraph (2)1 shall be prescribed by Presidential Decree. |
| Article 81 (Revenue and expenditure of Sejong Special Self-Governing City account) |
| (1) | The revenues of the Sejong Special Self-Governing City account of the Account shall be as follows: |
| 1. | Funds transferred from general accounts and other special accounts; |
| 2. | Funds transferred from the local autonomous account, the local support account, and the Jeju Special Self-Governing Province account of the Account; |
| 3. | Temporary loans under Article 83(1); |
| 4. | Surplus from the settlement of accounts of the preceding year under Article 91; |
| 5. | Other revenues reverted to the Account under other statutes. |
| (2) | The expenditures of the Sejong Special Self-Governing City account of the Account shall be as follows: |
| 1. | The following contributions, subsidies, loans, etc. to Sejong Special Self-Governing City; |
| a. | Subsidies and support under Article 78(2)1 (excluding item f of that subparagraph) and 7; |
| b. | Contributions, subsidies, loans, support, etc. under Article 79(2)1 through 7,9,10, and 16; |
| c. | Other projects subsidized by local governments, excluding projects prescribed by presidential decree; |
| 2. | Repayment of principal and interest of temporary loans under Article 83(1); |
| 3. | Funds transferred to the local autonomous account, the local support account, and the Jeju Special Self-Governing Province account of the Account; |
| 4. | Other expenses necessary for the management and operation of accounts. |
| (3) | Matters necessary for the eligibility, conditions, procedures, etc. for loans under paragraph (2)1 shall be prescribed by Presidential Decree. |
| Article 82 (Transfer from general account or other special account) |
Where it is impossible to prepare all of the expenses belonging to the Account with the revenue of the Account, all or part of the shortfall may be appropriated with the transferred money from general accounts or other special accounts.
[This Article Wholly Amended on Jun. 9, 2023]
| Article 83 (Temporary loans) |
| (1) | To address the temporary shortfall, temporary loans may be made at the expense of the Account. |
| (2) | The principal and interest of temporary loans under paragraph (1) shall be repaid within the relevant fiscal year. |
| Article 84 (Special cases concerning procedures for budget compilation) |
| (1) | When the Minister of Economy and Finance prepares guidelines for the formulation of budget Bills under Article 29(1) of the National Finance Act, the Minister shall hear the opinions of the heads of the relevant central administrative agencies and the heads of local governments to reflect the special characteristics of the accounting budget, and shall endeavor to reflect the opinions of the Presidential Committee for Decentralization and Balanced Development. |
| (2) | The head of a local government shall prepare a budget application for the following year for projects under Articles 78(2), 79(2), 80(2), and 81(2) and submit it to the head of the relevant central administrative agency and the Presidential Committee for Decentralization and Balanced Development by April 30 each year. |
| (3) | The head of a central administrative agency shall submit to the Minister of Economy and Finance a budget application filed by a local government under paragraph (2) and a budget request for the following year prepared based on the opinions of the Presidential Committee for Decentralization and Balanced Development, as prescribed by Presidential Decree, by May 31 each year. |
| (4) | The Presidential Committee for Decentralization and Balanced Development may notify the Minister of Economy and Finance and the Minister of Science and ICT of its opinions on the investment direction for balanced regional development policies and on the budget compilation of the Account in consideration of the evaluation results under Article 11 by June 15 each year. |
| (5) | The Minister of Economy and Finance and the Minister of Science and ICT shall compile, adjust, and distribute the budget in consideration of the opinions of the Presidential Committee for Decentralization and Balanced Development under paragraph (4). |
| (6) | When deliberating on the operation of the Account, the Presidential Committee for Decentralization and Balanced Development may hear the opinions of citizens, such as experts in the relevant field and interested parties, as prescribed by Presidential Decree. |
| Article 85 (Differential subsidization of expenditure budget) |
| (1) | In compiling the expenditure budget of the Account, the Government may differentiate the scale of support, subsidization ratio, etc. for each local government in accordance with the standards prescribed by Presidential Decree, in consideration of the financial situation of each local government, the evaluation results, etc. under Article 11. |
| (2) | The Government may provide preferential reflection for the following projects when compiling the budget, and may differentiate the scale of support, subsidization ratio, etc. for each project: |
| 1. | Projects jointly promoted by the relevant local governments which affect the jurisdictional areas of 2 or more local governments; |
| 2. | Projects under Article 78(2) to construct 2 or more facilities in a complex; |
| 3. | Projects for supporting growth promotion areas among projects under Article 78(2); |
| 4. | Other projects necessary to improve regional competitiveness and investment efficiency. |
| (3) | The Government may provide financial support to local governments after evaluating their outcomes of revitalizing regional economies, such as attracting enterprises, as prescribed by Presidential Decree. |
| Article 86 (Provision of comprehensive subsidies) |
| (1) | When the Government compiles the expenditure budget of the local autonomous account under Article 78(2), it shall provide a subsidy the purpose of whose expenditure budget is determined comprehensively for each City/Do and Si/Gun/Gu (hereinafter referred to as "comprehensive subsidy"), as prescribed by Presidential Decree. |
| (2) | Where the head of the relevant central administrative agency grants a budget for a project determined by the Government to be subject to a comprehensive subsidy under paragraph (1), he or she shall not classify several details within the relevant project. |
| Article 87 (Prohibition of duplicate application for budget) |
The head of a central administrative agency and a Mayor/Do Governor shall not request or apply for a budget to the Minister of Economy and Finance or the head of a central administrative agency for a project for which a budget has already been requested or applied for pursuant to Article 84(2) or a project similar thereto; provided, this shall not apply in unavoidable circumstances prescribed by Presidential Decree to implement national policies.
| Article 88 (Re-appropriation of budget) |
| (1) | Notwithstanding Article 46 of the National Finance Act, the head of a central administrative agency may, if necessary for the execution of a budget or if requested by the head of a local government, re-appropriate an amount from one item to another within the total amount of the expenditure budget of each Ministry which has the jurisdiction of the Account, as prescribed by Presidential Decree. |
| (2) | Upon receipt of a request from the head of a local government under paragraph (1), the head of a central administrative agency shall comply therewith, unless prescribed by Presidential Decree. |
| (3) | Where the head of a central administrative agency has re-appropriated the budget pursuant to paragraph (1), he or she shall send a detailed statement stating the amount and reasons for each item to the Minister of Economy and Finance and the Board of Audit and Inspection of Korea. |
| Article 89 (Carryover of budget) |
| (1) | Notwithstanding Article 48(1) of the National Finance Act, any expenditure budget that has not been disbursed within the relevant fiscal year due to unavoidable reasons may be carried over to the following year within the limit of the total amount of the expenditure budget for each department or local government which has the jurisdiction of the Account, as prescribed by Presidential Decree; provided, such expenditure budget shall not be carried over in excess of 2 fiscal years from the fiscal year. |
| (2) | When the head of a central administrative agency or the head of a local government carries over an expenditure budget pursuant to paragraph (1), he or she shall use the expenditure budget carried over as of December 31 of the relevant year and prepare a detailed carryover statement; the head of the local government shall submit the statement to the head of the central administrative agency by January 15 of the following year; and the head of the central administrative agency shall send it to the Minister of Economy and Finance and the Board of Audit and Inspection of Korea by January 31 of the following year. |
| (3) | The Minister of Economy and Finance may take measures to restrict the use of the expenditure budget carried over under paragraph (1) in advance, if deemed necessary in consideration of the status of revenue collection, the results of execution of the expenditure budget by a local government, etc. |
| Article 90 (Exclusion from application of other statutes to subsidies) |
| (1) | Articles 18, 21, 26, 28 through 31, 31-2, 32, and 33-3 of the Subsidy Management Act shall not apply to subsidies for projects under Articles 78(2), 79(2), 80(2), and 81(2); provided, Articles 30, 31, 31-2, 32, and 33-3 of the Subsidy Management Act shall apply where a subsidy program operator has used subsidies in violation of statutes or regulations, has filed an application therefor by fraud, has received subsidies by other improper means, or has failed to disburse the expenditure budget carried over to the following year under Article 89 until the following fiscal year. |
| (2) | The head of a local government shall use the balance remaining after the completion of a project determined to be subject to a comprehensive subsidy under Article 86 for any project determined to be subject to a comprehensive subsidy, and shall send a detailed statement stating the amount and grounds for each item to the head of the relevant central administrative agency. |
| (3) | The head of a local government shall use the balance remaining after the completion of a project determined to be subject to a subsidy other than a comprehensive subsidy under Article 86 for any project the purpose of which is similar to the relevant subsidy project. In such cases, he or she shall send a detailed statement stating the amount and grounds for each item to the head of the relevant central administrative agency. |
| (4) | Notwithstanding paragraph (3), in cases prescribed by Presidential Decree, such as re-appropriation in the expenditure budget of the local support account under Article 79(2), the expenditure budget of the Jeju Special Self-Governing Province account under Article 80(2), and the expenditure budget of the Sejong Special Self-Governing City account under Article 81(2), no balance remaining after the completion of a project shall be used. |
| Article 91 (Appropriation of surplus) |
The surplus from the settlement of the Account shall be transferred to the revenue of the following year.
| Article 92 (Entrustment of authority) |
The head of the relevant central administrative agency may entrust part of his or her authority under Article 77(3) to an institution prescribed by Presidential Decree and referred to in Article 4 of the Act on the Management of Public Institutions, as prescribed by Presidential Decree.
| Article 93 (Entrustment of accounting affairs) |
| (1) | The head of a central administrative agency may entrust part of the business affairs under Articles 78(2)7 and 79(2)1 through 7 and 16 to a bank under the Banking Act or a corporation prescribed by Presidential Decree, as prescribed by Presidential Decree. |
| (2) | Where the head of a central administrative agency entrusts business affairs under paragraph (1), he or she may pay handling fees and other necessary expenses, as determined in consultation with the Minister of Economy and Finance. |
| (3) | Where entrusting business affairs under paragraph (1), the head of a central administrative agency may appoint accounting personnel to perform the relevant business affairs from among the executive officers and employees of the entrusted corporation. |
| (4) | The Act on Liability of Accounting Personnel shall apply mutatis mutandis to accounting personnel appointed under paragraph (3). |
| Article 94 (Expansion of financial resources of local governments following change in required financial resources for regional development projects) |
Where the State changes a project under Articles 78(2), 79(2), 80(2), and 81(2) which is subsidized with the expenditure budget of the Account to a project for which a local government bears the full amount of required expenses, the State shall utilize the amount equivalent to the expenses subsidized from the Account for the expansion of financial resources of the local government in accordance with relevant statutes or regulations, such as the Local Tax Act.
ADDENDA <Act No. 9346, Jan. 30, 2009>
Article 1 (Enforcement data)
This Act shall enter into force on January 1, 2028. <Amended on Dec. 31, 2009; Jan. 1, 2013; Dec. 15, 2015; Dec. 31, 2018; Dec. 21, 2021; Dec. 31, 2024>
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 19430, Jun. 9, 2023>
Article 1 (Enforcement data)
This Act shall enter into force one month after the date of its promulgation; provided, the following matters shall enter into force on the date specified in the relevant subparagraph.
| 1. | Article 21(8) of the Addenda: January 1, 2025; |
| 2. | Article 21(22) of the Addenda: March 29, 2024; |
| 3. | Article 21(41) of the Addenda: January 18, 2024. |
Article 2 (Repeal of other statutes)
The following statutes shall be repealed, respectively:
| 1. | The Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems; |
| 2. | The Special Act on Balanced National Development. |
Article 3 (Applicability to consolidated local governments)
| (1) | Articles 48 through 57 shall apply to consolidated local governments established after January 1, 2010; provided, Article 53 shall apply only to consolidated local governments established before January 1, 2015. |
| (2) | Subparagraph 4 of Article 59 and Article 61(3) shall be limited to the pilot implementation of Changwon-si, Gyeongsangnam-do. |
| (3) | Notwithstanding Article 53, the amount of subsidies to be additionally provided to Changwon-si, Gyeongsangnam-do shall be 6/100 for 2021 with regard to the total amount of general subsidies granted to each local government to be abolished in the year immediately preceding the year in which Changwon-si, Gyeongsangnam-do, is established, 5/100 for 2022, 4/100 for 2023, 2/100 for 2024, and 1/100 for 2025. |
| (4) | Notwithstanding Article 53, the amount of subsidies to be additionally provided to Cheongju-si, Chungcheongbuk-do shall be 6/100 for 2025 with regard to the total amount of general subsidies granted to each local government to be abolished in the year immediately preceding the year in which Cheongju-si, Chungcheongbuk-do is established, 5/100 for 2026, 4/100 for 2027, 2/100 for 2028, and 1/100 for 2029. <Added on Jul. 4, 2023> |
Article 4 (Special Cases concerning Submission of Results of City/Do Implementation Plans, Sectoral Implementation Plans, and Implementation Plans for Development of Super Metropolitan Areas)
Notwithstanding Articles 7 through 9, when submitting the results of City/Do implementation plans, sectoral implementation plans, and implementation plans for the development of a super metropolitan area for the preceding year, it shall include the results of City/Do development implementation plans under Article 7 of the previous Special Act on Balanced National Development, sectoral implementation plans for balanced national development under Article 5 of that Act, and implementation plans for the development of a super metropolitan area under Article 6-2 of that Act, respectively, by the year in which this Act enters into force and the following year.
Article 5 (Special cases concerning annual report to the National Assembly)
Notwithstanding Article 73, the preparation of reports to be submitted to the National Assembly under paragraph (1) of that Article in the year in which this Act enters into force shall only contain the matters regarding the current status and outcomes of promoting balanced regional development.
Article 6 (General transitional measures)
Acts performed under the previous Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems, and the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed to have been performed under this Act, if provisions corresponding thereto exist in this Act.
Article 7 (Transitional measures concerning basic settlement area and super metropolitan area)
The basic settlement area defined in subparagraph 2 of Article 2 of the previous Special Act on Balanced National Development and the super metropolitan area defined in subparagraph 3 of that Article (including where super metropolitan areas are recognized pursuant to Article 2 of the Addenda to the Special Act on Balanced National Development (Act No. 18812)) shall be deemed the basic settlement area defined in subparagraph 4 of Article 2 and the super metropolitan area defined in subparagraph 7 of that Article, respectively.
Article 8 (Transitional measures concerning regional specialized industries and super metropolitan industries)
The regional specialized industries defined in subparagraph 4 of Article 2 of the previous Special Act on Balanced National Development and the super metropolitan industries defined in subparagraph 5 of that Article (including where super metropolitan industries are recognized pursuant to Article 2 of the Addenda to the Partially Amended Special Act on Balanced National Development (Act No. 18812)) shall be deemed the regional specialized industries defined in subparagraph 6 of Article 2 and the super metropolitan industries defined in subparagraph 8 of that Article, respectively.
Article 9 (Transitional measures concerning comprehensive plans for local era)
| (1) | A comprehensive plan for autonomous decentralization reported to the President and the National Assembly under Article 5 of the previous Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems and a 5-year balanced national development plan approved by the President under Article 4 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed a comprehensive plan for local era under this Act until a comprehensive plan for local era is formulated under Article 6. |
| (2) | Sectoral development plans formulated pursuant to Article 5 of the previous Special Act on Balanced National Development, plans for the development of a super metropolitan area formulated pursuant to Article 6-2 of that Act, City/Do development plans formulated pursuant to Article 7 of that Act as at the time this Act enters into force shall be deemed sectoral plans, plans for the development of a super metropolitan area, and City/Do plans formulated under this Act, until sectoral plans, plans for the development of a super metropolitan area, and City/Do plans are formulated pursuant to Articles 7 through 9, respectively. |
| (3) | An implementation plan for autonomous decentralization formulated and implemented under Article 6 of the previous Special Act on Decentralization of Local Autonomy and Decentralization of Local Autonomy and Restructuring of Local Administrative Systems as at the time this Act enters into force shall be deemed a sectoral implementation plan under this Act until a sectoral implementation plan is formulated and implemented under Article 8. |
| (4) | Sectoral implementation plans for balanced national development formulated pursuant to Article 5 of the previous Special Act on Balanced National Development, implementation plans for the development of a super metropolitan area formulated pursuant to Article 6-2 of that Act, implementation plans for City/Do development formulated pursuant to Article 7 of that Act as at the time this Act enters into force shall be deemed sectoral implementation plans, implementation plans for the development of a super metropolitan area, and City/Do implementation plans formulated pursuant to Articles 7 through 9, respectively, until sectoral implementation plans, implementation plans for the development of a super metropolitan area, and City/Do implementation plans are formulated pursuant to Articles 7 through 9. |
Article 10 (Transitional measures concerning innovation cities)
Innovation cities designated under Article 18-2 of the previous Special Act on Balanced National Development (including innovation cities deemed designated as innovation cities under Article 2 of the Addenda to the partially amended Special Act on Balanced National Development (Act No. 17191)) as at the time this Act enters into force shall be deemed innovation cities designated under Article 26.
Article 11 (Transitional measures concerning regional innovation cluster)
A national innovation cluster designated and publicly notified under Article 18-3 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed a regional innovation cluster designated and publicly notified under Article 27.
Article 12 (Transitional measures concerning project for mutually beneficial local jobs)
A project for mutually beneficial local jobs selected under Article 11-2 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed a project for mutually beneficial local jobs selected under Article 29.
Article 13 (Transitional measures concerning Deliberative Committee for Mutually Beneficial Local Jobs)
| (1) | The Deliberative Committee for Mutually Beneficial Local Jobs established under Article 11-2 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed the Deliberative Committee for Projects for Mutually Beneficial Local Jobs established under this Act. |
| (2) | Matters deliberated and resolved on by the Deliberative Committee for Mutually Beneficial Local Jobs established under Article 11-2 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed matters deliberated and resolved on by the Deliberative Committee for Projects for Mutually Beneficial Local Jobs established under this Act. |
Article 14 (Transitional measures concerning investment and funding)
Where an institution, corporation, or organization invested or funded by a local government-invested or -funded institution participates in a project for mutually beneficial local jobs under Article 29 before April 5, 2020 which is the enforcement date of the partially amended Special Act on Balanced National Development (Act No. 16906), such institution, corporation, or organization shall be deemed to be invested or funded pursuant to that Article.
Article 15 (Transitional measures concerning regional development investment agreements)
A regional development investment agreement concluded under Article 20 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed a regional development investment agreement concluded under Article 31.
Article 16 (Transitional measures concerning transfer of business affairs of Presidential Committee for Decentralization and Balanced Development)
| (1) | The business affairs of the Presidential Committee for Balanced National Development established under Article 22 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be succeeded to by the Presidential Committee for Decentralization and Balanced Development established under Article 62. |
| (2) | Deliberations, resolutions, and other acts by the Committee on Autonomous Decentralization established under Article 44 of the previous Special Act on Decentralization of Local Autonomy and Decentralization of Local Autonomy and Restructuring of Local Administrative Systems (referring to the committee before the expiration of the period of existence under Article 2 of the Addenda to the partially amended Special Act on Decentralization of Local Autonomy and Restructuring of Local Administrative Systems (Act No. 15501)) or acts in relation to the relevant committee shall be deemed deliberations, resolutions, and other acts of the Presidential Committee for Decentralization and Balanced Development established under Article 62 or acts in relation to the relevant committee. |
| (3) | Deliberations, resolutions, and other acts by the Presidential Committee for Balanced National Development established under Article 22 of the previous Special Act on Balanced National Development or acts in relation to the relevant committee as at the time this Act enters into force shall be deemed deliberations, resolutions, and other acts of the Presidential Committee for Decentralization and Balanced Development established under Article 62 or acts in relation to the relevant committee. |
| (4) | The term of office of a member who is commissioned under Article 23 of the previous Special Act on Balanced National Development before this Act enters into force and who is in his or her term of office shall be deemed to expire on the date this Act enters into force. |
Article 17 (Transitional measures concerning public officials, executive officers and employees dispatched to the Presidential Committee for Balanced National Development)
Public officials or executive officers and employees dispatched to the Balanced National Development Committee under Article 22 of the previous Special Act on Balanced National Development (including concurrent positions; hereinafter the same shall apply) from the State, local governments, corporations, other organizations, etc. pursuant to the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed public officials or executive officers and employees dispatched to the Presidential Committee for Decentralization and Balanced Development under Article 64.
Article 18 (Transitional measures concerning establishment of City/Do committee for local era)
| (1) | A consultative council for each region established under Article 46-2 of the previous Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems and a City/Do regional innovation council established under Article 28 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed a City/Do committee for local era under this Act until a City/Do committee for local era is established under this Act within 6 months after this Act enters into force. |
| (2) | Matters deliberated by a consultative council for each region established under Article 46-2 of the previous Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems and a City/Do regional innovation council established under Article 28 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed deliberated by a City/Do committee for local era under Article 67. |
| (3) | The City/Do regional innovation support group under Article 28 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed a City/Do support group for local era under Article 67. |
| (4) | A Si/Gun/Gu regional innovation council established under Article 29 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be deemed a Si/Gun/Gu committee for local era under this Act until a Si/Gun/Gu committee for local era is established under this Act within 6 months after this Act enters into force. |
Article 19 (Transitional measures concerning transfer of business affairs of planning office for local era)
The business affairs under the jurisdiction of the Balanced National Planning Office for Balanced National Development established under Article 26 of the previous Special Act on Balanced National Development shall be succeeded to by the planning office for local era under Article 68.
Article 20 (Transitional measures concerning special account for balanced national development)
| (1) | The previous provisions shall apply to the revenue, expenditure, and settlement of accounts for the fiscal year 2022 of the special account for balanced national development under the previous Special Act on Balanced National Development as at the time this Act enters into force. |
| (2) | The surplus from the settlement of accounts for fiscal year 2022 of the regional autonomous account, the regional support account, the Jeju Special Self-Governing Province account, and the Sejong Special Self-Governing City account of the special account for balanced national development under the previous Special Act on Balanced National Development as at the time this Act enters into force shall be transferred to the revenue of the regional autonomous account, the regional support account, the Jeju Special Self-Governing Province account, and the Sejong Special Self-Governing City account of the special account for balanced regional development under this Act, respectively. |
| (3) | Property, claims, and liabilities of the regional support account of the special account for balanced national development under Article 33 of the previous Special Act on Balanced National Development as at the time this Act enters into force shall be succeeded to the regional support account of the special account for balanced regional development under Article 76. |
Article 21 Omitted.
Article 22 (Relationship to other statutes or regulations)
Where the previous Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems, the previous Special Act on Balanced National Development, or any provisions thereof are cited in other statutes or regulations as at the time this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed cited in lieu of the previous provisions, if provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 19514, Jul. 4, 2023>
Article 1 (Enforcement data)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of Article 3 shall enter into force on July 10, 2023.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Act No. 20957, May 27, 2025>
This Act shall enter into force 6 months after the date of its promulgation.