CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Special Act on the Construction and Development of Innovation Cities and matters necessary for the enforcement thereof. <Amended on Feb. 27, 2018>
| Article 2 (Public institutions subject to relocation) |
"Institution prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Special Act on the Construction and Development of Innovation Cities (hereinafter referred to as the "Act") means any of the following public institutions among public institutions under subparagraph 1 of Article 2 of the Act; provided, central administrative agencies, etc., relocating to the administrative city under the relocation plan under Article 16 of the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-Up Measures for New Administrative Capital shall be excluded herefrom: <Amended on Feb. 14, 2011; Feb. 27, 2018; Jul. 7, 2023>
| 1. | Public institutions relocating from the Seoul Metropolitan Area to an area other than the Seoul Metropolitan Area in accordance with Article 25 of the Special Act on Local Autonomy, Decentralization, and Balanced Regional Development; |
| 2. | Central administrative agencies relocating to innovation cities after deliberation by the State Council; |
| 3. | Central administrative agencies whose individual relocation is recognized in accordance with the proviso of Article 29 of the Act. |
CHAPTER II FORMULATION OF PLANS FOR RELOCATION OF PUBLIC INSTITUTIONS SUBJECT TO RELOCATION TO PROVINCIAL AREAS
| Article 3 (Formulation of plans for relocation of public institutions subject to relocation to provincial areas) |
| (1) | "Other matters prescribed by Presidential Decree" in Article 4(1)4 of the Act means the following: |
| 1. | Plans for new construction or lease of offices; |
| 2. | Support measures for relocating employees under Article 47(1) of the Act; |
| 3. | Calculation of relocation expenses, including costs for purchasing sites of, newly constructing, and leasing office, and expenses for support measures for relocating employees; |
| 4. | Measures to minimize revenue loss due to relocation to provincial areas; |
| 5. | Other matters necessary for relocation to provincial areas. |
| (2) | "Where he or she intends to modify minor matters prescribed by Presidential Decree" in the proviso of Article 4(4) of the Act means any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Where the name of a public institution subject to relocation is changed due to the enactment, amendment, etc. of statutes or regulations; |
| 2. | Where the timing for relocation is changed by up to 1 year; |
| 3. | Where the calculation of relocation expenses under paragraph (1)3 is changed by up to 10 percent; |
| 4. | Where matters deemed minor by the Minister of Land, Infrastructure and Transport are changed. |
| (3) | The Minister of Land, Infrastructure and Transport shall consult with the Minister of Planning and Budget in advance where the Government's Treasury expenditures increase in the case falling under paragraph (2)3. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 30, 2025> |
| Article 3-2 (Formulation of comprehensive development plans for innovation cities) |
| (1) | "Matters prescribed by Presidential Decree" in Article 5-2(2)9 of the Act means the following: |
| 1. | Matters regarding the creation of a fund under Article 49(3) of the Act; |
| 2. | Matters regarding the improvement of efficiency of the innovation city transport system; |
| 3. | Other matters necessary for the development of innovation cities, which are determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (2) | "Matters prescribed by Presidential Decree" in Article 5-2(3)4 of the Act means the following: |
| 1. | Matters under Article 5-2(2)6 of the Act; |
| 2. | Matters under paragraphs (1)1 and 2; |
| 3. | Matters regarding the allocation of roles of local governments, public institutions, etc. for the development of innovation cities; |
| 4. | Other matters necessary for the development of innovation cities, which are determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (3) | "Minor matters prescribed by Presidential Decree" in the proviso of Article 5-2(5) of the Act means any of the following: |
| 1. | Modification of not more than 10/100 of the expenses incurred in implementing the entire project of a comprehensive development plan for innovation cities under Article 5-2(1) of the Act (hereinafter referred to as "comprehensive development plan") [limited to where the expenses incurred in implementing a project for each development plan for each innovation city (referring to a development plan for each innovation city under Article 5-2(3) of the Act) reflected in the comprehensive development plan]; |
| 2. | Reflection of details finalized or modified in accordance with other statutes, such as modification of urban or Gun management plans under subparagraph 4 of Article 2 of the National Land Planning and Utilization Act. |
[This Article Wholly Amended on Feb. 27, 2018]
| Article 3-3 (Procedure for approval for occupancy) |
"Standards for approval for occupancy prescribed by Presidential Decree" in the former part of Article 5-3(1) of the Act means any of the following standards: <Amended on Jul. 17, 2017; Feb. 27, 2018>
| 1. | The details of the project plan shall conform to the comprehensive development plan; |
| 2. | The details of the project plan shall conform to relevant statutes or regulations, such as the National Land Planning and Utilization Act; |
| 3. | It shall have the ability to raise funds necessary for the acquisition of sites, installation of facilities, construction of buildings, etc.; |
| 4. | It shall conform to the details determined and publicly notified by a Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), such as the occupancy priority in an industry-academia-research cluster. |
[This Article Added on Jun. 28, 2016]
[Moved from Article 3-2; previous Article 3-3 moved to Article 3-4 <Jul. 17, 2017>]
| Article 3-4 (Procedure for approval for occupancy) |
| (1) | A person who intends to obtain approval for occupancy in accordance with the former part of Article 5-3(1) of the Act shall submit an application for approval for occupancy to the Mayor/Do Governor, along with a project plan including the following matters and other documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport: |
| 1. | Purpose of occupancy in an industry-academia-research cluster; |
| 2. | Location and size of sites, facilities, or buildings (hereinafter referred to as "buildings, etc.") and annual installation or construction plans; |
| 3. | Plans for use and utilization of buildings, etc.; |
| 4. | Investment and financing plans for the acquisition of sites, installation of facilities, construction of buildings, etc. |
| (2) | A person who intends to modify any matter approved in accordance with the latter part of Article 5-3(1) of the Act shall submit an application for approval for modification of occupancy to the Mayor/Do Governor. |
| (3) | Upon receipt of an application filed under paragraphs (1) and (2), the Mayor/Do Governor shall examine whether the application meets the standards for approval for occupancy under Article 3-3 and determine whether to grant approval. In such cases, if deemed necessary, he or she may undergo deliberation by an innovation city development committee under Article 31 of the Act (hereinafter referred to as the "Innovation City Development Committee"). <Amended on Jul. 17, 2017; Feb. 27, 2018> |
[This Article Added on Jun. 28, 2016]
[Moved from Article 3-3; previous Article 3-4 moved to Article 3-5 <Jul. 17, 2017>]
| Article 3-5 (Transfer of buildings) |
| (1) | "Documents prescribed by Presidential Decree, such as a report of transfer" in Article 5-4(1) of the Act means the following documents: |
| 2. | A statement of grounds for transfer; |
| 3. | Documents on the basis for calculating transfer price of buildings, etc.; |
| 4. | Documents evidencing matters to be transferred. |
| (2) | Upon receipt of a report of transfer in accordance with Article 5-4(1) of the Act, the Mayor/Do Governor shall verify the following documents in accordance with Article 36(1) of the Electronic Government Act: |
| 1. | Building registration certificate; |
| 2. | Land registration certificate. |
| (3) | "Period prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 5-4(3) of the Act means 7 years. <Added on Aug. 13, 2024> |
| (4) | "Expenses prescribed by Presidential Decree, such as acquisition tax for purchasing sites" in Article 5-4(3)1c of the Act means the following: <Amended on Aug. 13, 2024> |
| 1. | Acquisition tax, other various taxes, and public charges incurred in purchasing sites (excluding taxes collected due to reasons attributable to the transferor); |
| 2. | Expenses incurred in changing use of the site to be transferred; |
| 3. | Expenses incurred in improving the site to be transferred; |
| 4. | Expenses incurred in ensuring convenience in the use of the site to be transferred; |
| 5. | Expenses equivalent to expenses under subparagraphs 2 through 4, which are recognized by the Mayor/Do Governor. |
| (5) | In calculating the transfer price of a site under Article 5-4(3)1 of the Act, the acquisition price and acquisition date of the site shall be classified as follows: <Amended on Aug. 13, 2024> |
| 1. | Sites sold in lots by a project operator designated in accordance with Article 10(1) of the Act: Sale price and sale date; |
| 2. | Sites other than those under subparagraph 1: Actual acquisition price and the date of acquisition. |
[This Article Added on Jun. 28, 2016]
[Moved from Article 3-4 <Jul. 17, 2017>]
CHAPTER Ⅲ DESIGNATION, DEVELOPMENT, AND SUPPORT FOR INNOVATION CITIES
| Article 4 (Designation of prearranged development areas for innovation cities) |
| (1) | Where a person under any subparagraph of Article 10(1) of the Act intends to propose the designation of a prearranged development area for innovation cities to the Minister of Land, Infrastructure and Transport in accordance with Article 6(2) of the Act, he or she shall submit a proposal to the Minister of Land, Infrastructure and Transport, along with the following documents and drawings: <Amended on Feb. 29, 2008; Jul. 20, 2012; Mar. 23, 2013; Dec. 30, 2016> |
| 1. | Investigation documents regarding prearranged development areas for innovation cities; |
| 3. | Topographical maps under Article 8(2) of the Framework Act on the Regulation of Land Use; |
| 4. | Topographical maps under subparagraph 3 indicated with grounds for a decision to determine boundaries of zones of prearranged development area for innovation cities; |
| 5. | Documents stating the current status of cities; |
| 6. | Data for inspecting the current status of farmland incorporated into the zone and forest land; |
| 7. | Photographs of the current status; |
| 8. | Data related to the integrated regional transport system around prearranged development areas for innovation cities (limited to prearranged development areas for innovation cities with an area larger than that prescribed by Decree of the Ministry of Land, Infrastructure and Transport); |
| 9. | Data necessary for strategic environmental impact assessment under Article 9 of the Environmental Impact Assessment Act; |
| 10. | In the case of expropriation or use of land, goods, or rights (hereinafter referred to as "land, etc.") in accordance with Article 15(1) of the Act, documents stating the location, lot number, land category, and area of the land, etc. to be expropriated or used, the details of ownership and rights other than the ownership, and the name and domicile of the owner and right holder thereof. |
| (2) | A person who intends to propose the designation of a prearranged development area for innovation cities in accordance with paragraph (1) shall formulate and implement security management measures when necessary to prevent divulgence of relevant information in the course of investigation and consultation for the proposal for designation. |
| Article 5 (Modification to minor matters) |
"Modification of minor matters prescribed by Presidential Decree" in the latter part of Article 7(1) of the Act means either of the following cases; provided, the Minister of Land, Infrastructure, and Transport shall consult with the heads of relevant central administrative agencies in advance, in cases falling under subparagraph 2, if an area to be expanded as a prearranged development area for innovation cities is determined and publicly notified as an area subject to reclamation in accordance with Article 13 of the Rearrangement of Agricultural and Fishing Villages Act; if it is an area designated for the protection of a military base or installation designated in accordance with Article 4 of the Protection of Military Bases and Installations Act; or farmland is newly included in the area to be expanded: <Amended on Feb. 29, 2008; Sep. 22, 2008; Dec. 15, 2009; Jun. 29, 2011; Mar. 23, 2013>
| 1. | Where the area of a prearranged development area for innovation cities is reduced by up to 10/100; |
| 2. | Where the area of a prearranged development area for innovation cities is increased by up to 10/100. |
| Article 6 (Hearing opinions of residents) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to hear opinions of residents, relevant experts, etc. on the designation or change of a prearranged development area for innovation cities in accordance with Article 7(2) of the Act, he or she shall send a copy of the relevant documents to the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply, excluding Articles 14(1)2 and 46(2)). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Upon receipt of relevant documents in accordance with paragraph (1), the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall promptly announce the name, location, area, etc., of a prearranged development area for innovation cities. In such cases, the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall make the documents available to the general public for inspection for 14 days from the date of a public announcement. |
| (3) | A person who has an opinion on the designation of a prearranged development areas for innovation cities may submit a written opinion to the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu within the period for public inspection under paragraph (2). |
| (4) | The relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall compile opinions submitted in accordance with paragraph (3) and submit the opinions to the Minister of Land, Infrastructure, and Transport and if no opinion has been submitted, he or she shall notify the Minister of Land, Infrastructure, and Transport of such fact. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | The Minister of Land, Infrastructure and Transport shall review the opinions submitted by the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu in accordance with paragraph (4) and notify the Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu of the results of processing the opinions submitted. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | "Minor matters prescribed by Presidential Decree" in the proviso of Article 7(2) of the Act means the matters falling under the subparagraphs of Article 5. |
| Article 7 (Cancellation of designation of prearranged development areas for innovation cities) |
Where the Minister of Land, Infrastructure and Transport cancels the designation of a prearranged development area for innovation cities in accordance with Article 8(2) of the Act, he or she shall publicly notify the following matters in the Official Gazette:
| 1. | Title of prearranged development areas for innovation cities and a project operator thereof; |
| 2. | Location and area of prearranged development areas for innovation cities; |
| 3. | Area of cancellation of the designation of prearranged development areas for innovation cities; |
| 4. | Ground for cancellation of the designation of prearranged development areas for innovation cities; |
| 5. | Date of cancellation of the designation of prearranged development areas for innovation cities; |
| 6. | Detailed items of land, etc. no longer requires expropriation or use following the cancellation of the designation of prearranged development areas for innovation cities. |
| Article 8 (Restrictions on activities) |
| (1) | Activities to be permitted by a Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu in a prearranged development area for innovation cities in accordance with Article 9(1) of the Act are as follows: <Amended on Jan. 5, 2021> |
| 1. | Constructing, etc. buildings: Construction, substantial repair, or change of the use of buildings (including temporary buildings) under Article 2(1)2 of the Building Act; |
| 2. | Installing structures: Installation of facilities artificially manufactured (excluding any building under Article 2(1)2 of the Building Act); |
| 3. | Changing the form and quality of land: Changing the shape of land by cutting, filling-up, leveling, paving, etc. land, excavating land, or reclaiming public waters; |
| 4. | Collecting soil and stones: Collecting soil and stones, such soil, sand, gravel, rock, etc.; provided, subparagraph 3 shall apply to changing the form and quality of land; |
| 6. | Piling up goods: Piling up goods which are not easy to move for at least 1 month; |
| 7. | Felling and planting of bamboo trees; |
| (2) | Where a Special Self-Governing Province Governor or the head of a Si/Gun/Gu intends to grant permission to engage in any activity under the subparagraphs of paragraph (1) in accordance with Article 9(1) of the Act and where an operator of an innovation city development project (hereinafter referred to as "project operator") is designated in accordance with Article 10 of the Act, the Special Self-Governing Province Governor or the head of the Si/Gun/Gu shall hear opinions of such project operator in advance. |
| (3) | "Other activities prescribed by Presidential Decree" in Article 9(2)2 of the Act means the following activities exempt from permission to engage in development activity under Article 56 of the National Land Planning and Utilization Act: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Installing a simple structure prescribed by Decree of the Land, Infrastructure and Transport, which is directly used for producing agricultural, forest, and marine products; |
| 2. | Changing the form and quality of land for cultivation; |
| 3. | Collecting soil and stones to the extent not spoiling natural scenic beauty and not hindering the development of a prearranged development area for innovation cities; |
| 4. | Piling up goods within a site determined to be preserved within a prearranged development area for innovation cities; |
| 5. | Temporary planting of bamboo and trees for ornamental purposes (excluding temporary planting in any land for cultivation). |
| (4) | A person obligated to report an activity in accordance with Article 9(3) of the Act shall report his or her activity to a Special Self-Governing Province Governor or the head of a Si/Gun/Gu, along with the progress of the relevant construction works or project and the implementation plan, within 30 days from the date of designation and public notice of the relevant prearranged development area for innovation cities. |
| Article 9 (Project operators) |
Public enterprises eligible to be designated as a project operator in accordance with Article 10(1)2 of the Act shall be as follows: <Amended on Sep. 21, 2009; Jun. 29, 2011>
| 1. | The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act; |
| 2. | Deleted; <Sep. 21, 2009> |
| 3. | The Korea Expressway Corporation under the Korea Expressway Corporation Act. |
| Article 10 (Vicarious implementation of innovation city development project) |
| (1) | The scope of innovation city development projects that a registered business operator under Article 4 of the Housing Act and a registered business operator under Article 9 of the Framework Act on the Construction Industry (hereafter referred to as "registered business operator" in this Article) may vicariously execute in accordance with Article 10(2) of the Act shall be as follows: <Amended on Aug. 11, 2016> |
| 2. | Site development works; |
| 3. | Infrastructure construction works; |
| 4. | Sale of developed land. |
| (2) | A registered business operator who intends to vicariously execute part of an innovation city development project in accordance with Article 10(2) of the Act shall submit an application for vicarious implementation of an innovation city development project, stating the following matters, to the project operator, along with documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Name (in cases of a corporation, the names of the corporation and of its representative) and address of the vicarious developers; |
| 2. | Name, location, and area of the prearranged development area for innovation cities for which the innovation city development is to be vicariously executed; |
| 3. | Implementation plan for an innovation city development project to be vicariously executed, including the following matters: |
| a. | The objectives of the project; |
| b. | Summary and the type of the project; |
| c. | Period for implementing the project. |
| (3) | Where a project operator intends to have an innovation city development project to be vicariously executed in accordance with Article 10(2) of the Act, he or she shall conclude a contract for vicarious implementation of an innovation city development project with a registered business operator. |
| Article 11 (Approval of development plans) |
| (1) | Where a project operator intends to obtain approval of an innovation city development plan (hereinafter referred to as "development plan") in accordance with Article 11(1) of the Act, he or she shall submit an application for approval of the development plan to the Minister of Land, Infrastructure and Transport, along with the development plan under Article 11(3) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | "Modification of minor matters prescribed by Presidential Decree" in the latter part of Article 11(1) of the Act means any of the following cases: |
| 1. | Where the title of the development plan is modified; |
| 2. | Where a period for implementing an innovation city development project is modified; |
| 3. | Where a plan for phased implementation of an innovation city development project is modified; |
| 4. | Where the land use plan is modified by up to 10 percent of a site area by main purpose of use; |
| 5. | Where the area of infrastructure, such as roads, parks, and green areas, is modified by up to 10 percent thereof; |
| 6. | Where population to be accommodated and project costs are modified by up to 10 percent; |
| 7. | Where the area for the installation of equipment and facilities is increased or decreased by up to 10 percent within the approved extent; |
| 8. | Where Minister of Land, Infrastructure and Transport modifies matters in accordance with modification of minor matters under any subparagraph of Article 5. |
| (3) | Where a project operator modifies any of the matters under the subparagraphs of paragraph (2), he or she shall report thereon to the Minister of Land, Infrastructure and Transport without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | "Other matters prescribed by Presidential Decree" in Article 11(3)9 of the Act means the following: <Amended on May 7, 2024> |
| 1. | Expropriation plans for public institutions, etc. subject to relocation; |
| 2. | Plans regarding phased implementation; |
| 4. | Urban informatization plan; |
| 5. | National heritage protection plans; |
| 6. | Plans for underground utilities, including common utility ducts; |
| 7. | Urban disaster prevention plans; |
| 8. | Plans for integrated energy supply; |
| 9. | Topographic maps indicating the development plan, the scale of which is at least 1/5,000. |
| (5) | When the Minister of Land, Infrastructure and Transport hears opinions of the relevant Mayor/Do Governor and the head of a Si/Gun/Gu in accordance with Article 11(4) of the Act, he or she shall send a copy of the relevant documents. In such cases, the relevant Mayor/Do Governor and the head of the Si/Gun/Gu shall present their opinions within 30 days from the date of receipt of such request. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 28, 2016> |
| (6) | When publicly notifying a development plan in the Official Gazette in accordance with Article 11(5) of the Act, the following matters shall be clearly stated: |
| 1. | Title and overview of the development plan; |
| 2. | Name and address of a project operator and name of its representative; |
| 3. | Expropriation plan for public institutions, etc. subject to relocation; |
| 4. | Implementation period of an innovation city development project; |
| 5. | Land utilization plan; |
| 6. | Installation plan of major infrastructure, such as roads, waterworks, and sewerage systems. |
| (7) | The Minister of Land, Infrastructure and Transport may determine the detailed standards for formulating development plans. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 12 (Approval of implementation plans) |
| (1) | Where a project operator intends to obtain approval of an implementation regarding an innovation city development plan (hereinafter referred to as "implementation plan") in accordance with Article 12 of the Act, he or she shall submit an application for approval of the implementation plan indicating the following matters to the Minister of Land, Infrastructure and Transport, along with the implementation plan under Article 12 of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 2. | Location and size of the area where the project has been implemented; |
| 3. | Name and address of a project operator and the name of its representative; |
| 4. | Implementation period of the project (including the period required by process). |
| (2) | "Modification of minor matters prescribed by Presidential Decree" in the latter part, with the exception of its subparagraphs, of Article 12(1) of the Act means the following and when a project operator makes minor modifications, he or she shall report such modification to the Minister of Land, Infrastructure, and Transport without delay: <Amended on Feb. 29, 2008; Jun. 29, 2011; Apr. 10, 2012; Mar. 23, 2013> |
| 1. | Where the address or representative of the project operator is modified; |
| 2. | Where the project costs are modified by up to 10 percent; |
| 3. | Where the area of the site, etc., of urban or Gun planning facilities is modified in accordance with the correction of an error or omission, or the survey results; |
| 4. | Where matters are modified in accordance with minor modification of development plans under any subparagraph of Article 11(2). |
| (3) | "Other matters prescribed by Presidential Decree" in Article 12(1)7 of the Act means the following: <Amended on Apr. 10, 2012> |
| 1. | Detailed statement of public facilities, etc. under Article 22 of the Act and plans to dispose of such facilities; |
| 2. | Plans for existing buildings and structures to be maintained; |
| 3. | Related documents and drawings necessary to determine district-unit plans; |
| 4. | Documents for consultation related to permission, authorization, designation, approval, consultation, reporting, etc. to be deemed granted in accordance with Article 14(1) of the Act. |
| (4) | The Minister of Land, Infrastructure, and Transport shall clearly state the following matters when he or she publicly notifies an implementation plan in accordance with Article 12(5) of the Act: <Amended on Jun. 29, 2011; Apr. 10, 2012> |
| 1. | Matters under the subparagraphs of paragraph (1); |
| 2. | Details of district-unit plans; |
| 3. | Methods of inspecting related drawings and specifications. |
| (5) | Where the determination of an urban or Gun management plan is deemed to have been made in accordance with Article 14(1)1 of the Act, the relevant Metropolitan City Mayor, Special Self-Governing Province Governor, or the head of the relevant Si/Gun shall undergo necessary procedures, such as preparation of topographic maps of the area subject to approval of an implementation plan and application for approval thereof in accordance with Article 32 of the National Land Planning and Utilization Act, and the project operator shall submit the drawings, etc. necessary for publicly notifying the topographic maps to the relevant Metropolitan City Mayor, Special Self-Governing Province Governor, or the head of the relevant Si/Gun. <Amended on Apr. 10, 2012> |
| Article 13 (Installation of infrastructure) |
| (1) | Infrastructure, etc. that the State or local governments may provide preferential support in accordance with Article 16 of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Traffic facilities, including roads and railroads; |
| 2. | Distribution and supply facilities, such as waterworks facilities and utility tunnels; |
| 3. | Environmental infrastructure facilities, including sewerage systems and waste disposal facilities; |
| 4. | Other infrastructure necessary for the development of innovation cities, which are determined by the Minister of Land, Infrastructure and Transport. |
| (2) | Local governments may preferentially support the installation of educational facilities, such as schools. |
| (3) | Basic matters regarding the scale of support, methods of support, etc. under paragraph (1) shall be determined by the Minister of Land, Infrastructure and Transport after deliberation by the Urban Development Committee under Article 39 of the Special Act on the Development of Enterprise Cities (hereinafter referred to as the "Urban Development Committee"). In such cases, where 2 or more Cities/Dos jointly construct 1 innovation city, the scale of support, etc. may be different. <Amended on Feb. 29, 2008; Jun. 29, 2011; Mar. 23, 2013> |
| Article 14 (Completion inspections) |
| (1) | A project operator who intends to undergo a completion inspection in accordance with Article 17 of the Act shall submit an application for completion inspection to the Minister of Land, Infrastructure and Transport, along with the following documents: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 2. | A measured floor plans and a planimetric floor plan recognized by the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (including the head of a non-autonomous Gu); |
| 3. | An area report for each purpose of use of the land and the floor plan therefor; |
| 4. | An area report of the developed land by owner; |
| 5. | A report on vesting of ownership of public facilities, etc. under Article 22 of the Act and drawings thereof; |
| 6. | An old and new land register comparison diagram; |
| 7. | Other documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a project operator intends to receive legal fictions of a construction completion inspection, construction completion authorization, etc., under Article 17(2) of the Act, he or she shall submit related documents prescribed by the relevant statutes. |
| (3) | When the Minister of Land, Infrastructure and Transport has conducted a construction completion inspection under Article 17(1) of the Act, he or she shall notify the details thereof to the heads of relevant administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 15 (Public announcement of construction completion) |
The public announcement of construction completion under Article 18 of the Act shall be made by publicly announcing the following matters in the Official Gazette:
| 1. | Title of an innovation city development project; |
| 3. | Location of the area in which the innovation city development project is implemented; |
| 4. | The area where the innovation city development project is implemented and the area for each purpose of use; |
| 6. | Matters regarding the disposal of major facilities. |
| Article 16 (Approval for supply of developed land) |
Where a project operator intends to obtain approval for supply of developed land, etc. (hereinafter referred to as "developed land, etc.") in accordance with Article 19(1) of the Act, he or she shall submit an application for supply indicating the following matters to the Minister of Land, Infrastructure and Transport, along with the divided drawing of each developed land intended for supply: <Amended on Feb. 29, 2008; Mar. 23, 2013>
| 1. | Location, area, and use of supply of developed land, etc. intended for supply; |
| 2. | Qualification requirements for persons entitled to supply of developed land, etc. and methods of selecting them; |
| 3. | Timing, methods, and conditions of the supply; |
| 4. | Methods of determining supply prices; |
| 5. | Methods of public announcement of supply and matters to be publicly announced. |
| Article 17 (Methods for supplying developed land) |
| (1) | A project operator shall supply developed land, etc. in accordance with the purpose of use specified in a development plan in accordance with Article 19(2) of the Act. |
| (2) | Where a project operator intends to supply developed land, etc., he or she shall comply with the method of competitive bidding (including bidding by determining a successful bidder by evaluating the details of design of buildings to be constructed on the relevant land); provided, with respect to a site for detached housing not exceeding 330 square meters, a site for housing not exceeding the scale of national housing under subparagraph 6 of Article 2 of the Housing Act (including rental housing in excess of the scale of national housing), or a site for factory may be sold by lottery. <Amended on Aug. 11, 2016> |
| (3) | Notwithstanding paragraph (2), the developed land, etc. may be supplied by negotiated contract in any of the following cases; provided, where any land is supplied in accordance with subparagraph 6, it shall be supplied by drawing lots among the applicants if the quantity of land applied for supply exceeds the planned quantity: <Amended on Feb. 29, 2008; Apr. 21, 2009; Sep. 21, 2009; Jun. 29, 2011; Mar. 23, 2013; Apr. 29, 2014; Dec. 28, 2015> |
| 1. | Where a site for building a new office is supplied to a public institution subject to relocation or an institution to be relocated with a public institution subject to relocation; |
| 2. | Where a site for public buildings, a site for school facilities, and a site for public facilities that cannot be sold to the general public are to be supplied to the State, a local government, or other persons eligible to establish the relevant public facilities in accordance with statutes or regulations; |
| 3. | Where a housing construction site is supplied to the State or a local government among project operators under the Housing Act, the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act, or a local public enterprise established for housing projects in accordance with the Local Public Enterprises Act; |
| 4. | Where a land for the construction of public housing under subparagraph 1 of Article 2 of the Special Act on Public Housing is to be supplied to a public housing project operator under Article 4 of that Act; |
| 5. | Where a housing construction site or dormitory site for relocating employees of a public institution subject to relocation is supplied to the public institution subject to relocation in accordance with Article 45(2) of the Act; |
| 6. | Where any land by up to 330 square meters is to be supplied to a person who has transferred all of the land he or she has owned in a project area to a project operator (limited to cases where the area of the relevant land is at least 1 thousand square meters; and including goods or rights falling under Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects, if they exist on the relevant land) complying with the outcomes of the consultation held under the same Act [limited to cases where the land is owned by him or her before the date of a public announcement (where a prearranged development area for innovation cities is designated in accordance with Article 51(1) of the Act and Article 2 of the Addenda of the Act, referring to the date of public announcement for hearing opinions of residents, etc. regarding to the designation of development project zones in accordance with other statutes) under Article 6(2) and including cases where the land is owned thereafter by acquiring all of the relevant land from the previous owner of the land in the project area and cases where the land is acquired in accordance with a court ruling or by inheritance]; |
| 7. | Where the minimum area of land necessary to maintain and manage facilities to be maintained in accordance with the implementation plan is supplied; |
| 8. | Where any land is to be supplied to a person selected in accordance with the procedures and methods prescribed by the Minister of Land, Infrastructure and Transport, deeming that the supply is necessary for the improvement of the view, landscape, and comfortability of the city or for the promotion, etc. of functions of innovation cities; |
| 9. | Other cases where the developed land, etc. may be supplied by negotiated contract in accordance with relevant statutes or regulations. |
| (4) | Where an innovation city development project is implemented by redundantly designating a prearranged development area for innovation cities in accordance with Article 51 of the Act, notwithstanding the provisions of other statutes or regulations such as Article 13-2(2) through (5) of the Enforcement Decree of the Housing Site Development Promotion Act, a site falling under any subparagraph of paragraph (3) may be supplied by negotiated contract. <Amended on Apr. 20, 2021> |
| (5) | In supplying any developed land, a project operator may restrict the qualifications of persons entitled to such supply with respect to sites for specific facilities designated by the Minister of Land, Infrastructure and Transport, such as a site for school facilities or medical facilities, and land deemed necessary and designated by the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | In determining the prices of developed land, etc., a project operator may determine them differently based upon the purpose of use, conditions of supply, and persons entitled to such supply. |
| (7) | Where a project operator intends to supply any developed land, etc., he or she shall publicly announce the following matters 10 days (5 days, in cases of emergency or resupply) before the deadline for applications for supply; provided, the same shall not apply where the persons entitled to such supply are limited where the land is supplied by negotiated contract in accordance with paragraphs (3) and (4) and the qualifications of the persons entitled to such supply are restricted in accordance with paragraph (5): |
| 1. | Name and location of the project operator, and the name of the representative; |
| 2. | Location, area, and use (where any prohibition or restriction is imposed on the use, including the details of the prohibition or restriction) of the developed land, etc.; |
| 3. | Timing, methods, and conditions of the supply; |
| 5. | Period and place to file an application for supply; |
| 6. | Qualifications required for the application for the supply; |
| 7. | Documents required for the application for supply. |
| (8) | When a project operator intends to supply developed land, he or she shall disclose the development costs, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (9) | Except as otherwise provided in paragraphs (1) through (6), matters necessary for the types of sites for developed land, etc., methods of supply, procedures for supply, price standards, etc. shall be determined by the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall notify the general public of the details thereof on the website, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 18 (Advance payment) |
| (1) | Where a project operator intends to receive an advance payment in accordance with Article 20(1) of the Act, he or she shall secure ownership of at least 10/100 of the area of land for which a project is to be implemented after formulating and publicly notifying a development plan; provided, where he or she intends to receive an advance payment before obtaining approval of an implementation plan, it shall be limited to where an investment plan for infrastructure is specified by conducting an environmental impact assessment under the Environmental Impact Assessment Act and a traffic impact assessment under the Urban Traffic Improvement Promotion Act. <Amended on Dec. 31, 2008; Jan. 22, 2016; Dec. 30, 2016> |
| (2) | Where a project operator intends to obtain approval from the Minister of Land, Infrastructure and Transport to receive all or part of an advance payment in advance in accordance with Article 20(2) of the Act, he or she shall submit an application for approval for receipt of an advance payment to the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Upon receipt of an application for approval for receipt of an advance payment from a project operator in accordance with paragraph (2), the Minister of Land, Infrastructure and Transport shall notify the project operator as to whether he or she approves it, within 15 days from the date of receipt. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 19 (Scale of issuance of land redemption bonds) |
The scale of issuance of land redemption bonds under Article 21(1) of the Act (hereinafter referred to as "land redemption bonds") shall be such that the land to be redeemed by the land redemption bonds does not exceed 50 percent of the land for sale developed through the relevant development project.
| Article 20 (Plan to issue land redemption bonds) |
A plan to issue land redemption bonds under Article 21(2) of the Act shall include the following:
| 1. | Name of the project operator; |
| 2. | Total amount of the land redemption bonds issued; |
| 3. | Interest rate of the land redemption bonds; |
| 4. | Method for redemption of land redemption bonds; |
| 5. | Use of the area or land subject to redemption; |
| 6. | Methods of estimating the land price. |
| Article 21 (Public announcement on issuance of land redemption bonds) |
Where a project operator issues land redemption bonds, it shall publicly announce the name of land redemption bonds and the matters under the subparagraphs of Article 20; provided, where a compensation plan under Article 15 of the Act on Acquisition of and Compensation for Land for Public Works Projects including such matters is publicly announced, or individually notified to the owners of land, etc., public announcement may be omitted.
| Article 22 (Conditions of issuance of land redemption bonds) |
| (1) | The interest rate of land redemption bonds shall be determined by the issuer, based upon the deposit interest rate of financial institutions and the situation of supply and demand of real estate at the time of issuance. |
| (2) | Land redemption bonds shall be issued in registered form. |
| Article 23 (Subscription for land redemption bonds) |
A person who intends to receive proceeds from the sale of land, etc. with land redemption bonds (hereinafter referred to as "subscriber") shall prepare 2 copies of a written subscription for the land redemption bond stating each of the following matters and submit them to the project operator:
| 2. | Name (for a corporation, its name and the name of its representative) and address of the subscriber; |
| 3. | Statement of land, etc. owned by the subscriber; |
| 4. | Amount that the subscriber is to receive as the proceeds from the land, etc.; |
| 5. | Amount of land redemption bonds the subscriber intends to receive. |
| Article 24 (Details to be included in land redemption bonds) |
Land redemption bonds shall state the following matters, and the issuer shall enter its name and affix its signature thereon:
| 1. | Matters under subparagraphs 1 and 3 through 6 of Article 20; |
| 2. | Serial numbers of land redemption bonds; |
| 3. | Issuance date of land redemption bonds. |
| Article 25 (Keeping of land redemption bond register) |
Each issuer of land redemption bonds shall keep a land redemption bond register stating the following matters (hereinafter referred to as "land redemption bond register") in his or her principal office:
| 1. | Serial numbers of land redemption bonds; |
| 2. | Issuance date of land redemption bonds. |
| 3. | Matters under subparagraphs 2 through 6 of Article 20; |
| 4. | Names and addresses of the owners of land redemption bonds; |
| 5. | Acquisition date of land redemption bonds by owners of land, etc. |
| Article 26 (Transfer of land redemption bonds) |
| (1) | Where land redemption bonds are transferred, the acquirer shall request that his or her name and address be stated in the land redemption bond register; if the acquirer's name and address are stated in the land redemption bond register but the acquirer's name is not stated on the land redemption bonds, the acquirer shall have no valid claim or defense against the issuer or a third party. |
| (2) | Where land redemption bonds become subject to a pledge, the pledgee shall have no valid claim or defense against the issuer or any other third party, unless the pledgee's name and address are stated in the land redemption bond register. |
| (3) | Where a pledge is created in accordance with paragraph (2), the issuer shall indicate the pledge on the relevant land redemption bonds. |
| Article 27 (Notification to owners of land redemption bonds) |
Notice or peremptory notice to the owner of land redemption bonds shall be served to the address registered in the land redemption bond register; provided, if the owner of land redemption bonds has notified the issuer of an additional address, such notice shall be served to the additional address.
| Article 28 (Reversion of public facilities) |
"Facility prescribed by Presidential Decree" in Article 22 of the Act means the following facilities: <Amended on May 26, 2008>
| 2. | Crematory facilities and charnel facilities. |
| Article 29 (Conditions of payment of sale price of state or public property) |
| (1) | The State or a local government may allow the sale price of State property or public property to be paid in equal installments on a yearly basis within 20 years in accordance with Article 23(4) of the Act. |
| (2) | Where payment in installments is allowed in accordance with paragraph (1), interest, etc. accrued shall be governed by the State Property Act and the Public Property and Commodity Management Act. |
| Article 30 (Appointment of foreign teachers) |
| (1) | The qualifications for appointment as foreign teachers necessary for the operation of educational courses of foreign languages of schools under Article 2 of the Elementary and Secondary Education Act located in innovation cities in accordance with Article 27 of the Act (hereinafter referred to as "innovation city school") shall be any of the following: |
| 1. | A person who meets the qualifications under Article 21(2) of the Elementary and Secondary Education Act and is qualified as a middle school teacher under Appendix 2 of that Act; |
| 2. | A person who has at least 3 years of experience in teaching after becoming qualified as a teacher in accordance with the law of a foreign country he or she possesses the nationality thereof. |
| (2) | Where necessary for the operation of educational courses of foreign languages in an innovation city school, a person who has the authority to appoint teachers may appoint a foreigner as an instructor. |
| (3) | The qualifications for a foreign instructor under paragraph (2) shall be any of the following: |
| 1. | A person who falls under any subparagraph of paragraph (1); |
| 2. | A person who has obtained at least bachelor's degree in accordance with the law of a foreign country he or she possesses the nationality thereof. |
| (4) | When a foreigner falling under paragraph (3)2 is appointed as an instructor, he or she shall complete a training course of at least 4 weeks provided by the Superintendent of Education of the relevant Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") within 6 months after he or she is appointed. |
| (5) | The contract for a foreign teacher under paragraph (1) shall be concluded every 5 years, and the appointment shall be made only for the subjects related to his or her mother tongue of his or her country; and the period of appointment of a foreign instructor under paragraph (2) shall not exceed 1 year, but may be extended by up to 3 years, if necessary. |
| (6) | Remuneration of a foreign teacher and a foreign instructor may be paid in accordance with their employment contracts, taking into account the provisions of Article 5 of the Public Officials Remuneration Regulations and Appendix 11 of that Regulations. |
| (7) | The services of a foreign teacher and a foreign instructor shall be governed by the provisions of their employment contracts. |
| Article 30-2 (Employment of regional human resources for public institutions subject to relocation) |
| (1) | "Public Institutions ...<omitted>... prescribed by Presidential Decree" in the main sentence of Article 29-2(1) of the Act means an institution designated and publicly notified by the Minister of Land, Infrastructure and Transport from among the following public institutions, other than public institutions subject to relocation, after deliberation by the Presidential Committee for Decentralization and Balanced Development under Article 62 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development: <Added on May 12, 2020; Jul. 7, 2023> |
| 1. | Public institutions relocated from the Seoul Metropolitan Area to an area other than the Seoul Metropolitan Area; provided, central administrative agencies, etc. relocated to the administrative city in accordance with the relocation plan under Article 16 of the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-Up Measures for New Administrative Capital shall be excluded herefrom; |
| 2. | Public institutions located in an area other than the Seoul Metropolitan Area, which have succeeded to or been transferred all or part of the business affairs of public institutions located in the Seoul Metropolitan Area or public institutions under subparagraph 1, which are located in an area other than the Seoul Metropolitan Area. In such cases, public institutions consolidated, divided, or newly established by succession or transfer of such business affairs shall be included. |
| (2) | The heads of public institutions subject to relocation and other public institutions equivalent thereto as public institutions prescribed in paragraph (1) (hereinafter referred to as "public institutions, etc. subject to relocation") shall have persons subject to employment obligation in relocation areas under Article 29-2(1) of the Act (hereinafter referred to as "regional human resources") pass the employment examinations in each stage of employment examinations to ensure that they exceed the ratio under Appendix 1 to the number of persons to be selected. In such cases, where the number of regional human resources to pass the employment examinations compared with the number of persons to be selected falls short of the ratio under Appendix 1, they shall have regional human resources to pass the employment examination in excess of the number of persons to be selected until the ratio is reached. <Added on Jan. 23, 2018; May 12, 2020> |
| (3) | Where the head of a public institution subject to relocation, etc. preferentially employs local residents in accordance with Article 14 of the Special Act on Assistance to the Locations of Facilities for Disposal of Low and Intermediate Level Radioactive Waste, he or she may calculate the employment ratio by including the number of local human resources who pass the employment examinations under paragraph (2). <Added on Jan. 23, 2018; May 12, 2020> |
| (4) | Notwithstanding paragraph (2), the head of a public institution subject to relocation, etc. may choose not to have regional human resources pass the employment examinations in excess of the ratio under Appendix 1 in any of the following cases: <Added on Jan. 23, 2018; May 12, 2020> |
| 1. | Where the number of persons to be employed for each field of examination is not more than 5 persons annually; |
| 2. | Where an employment examination is conducted based on the experience of performing business affairs for a certain period of time or more as a requirement to take an examination; |
| 3. | Where an employment examination is conducted by limiting the functional category of persons who have earned a master's degree or higher to research positions; |
| 4. | Where employment is conducted separately by a regional headquarters or branch office, other than the head office of public institution, etc. subject to relocation, or where employment is conducted on conditions of working for the regional headquarters or branch office for at least 5 years; provided, this shall not apply where the regional headquarters or branch office is located in the relocation area; |
| 5. | Where the results of an employment examination of regional human resources fall short of the lower limit of passing the examination determined and publicly announced, in advance, by the head of the public institutions, etc. subject to relocation; |
| 6. | Where the ratio of regional human resources among applicants who apply for an employment examination does not exceed the ratio under Appendix 1. |
| (5) | Notwithstanding paragraph (4), the heads of public institutions, etc. subject to relocation shall endeavor to employ regional human resources in the relevant relocation area in order to expand the employment of regional human resources. <Added on Jan. 23, 2018; May 12, 2020> |
| (6) | The scope of relocation areas under Article 29-2(2) of the Act shall be classified as follows: <Amended on Jan. 23, 2018; Feb. 27, 2018; May 12, 2020; Jan. 25, 2022> |
| 1. | Where an area to which the relevant public institution is to be relocated or has been relocated is a joint innovation city under the latter part of Article 31(1) of the Act (hereinafter referred to as "joint innovation city"): A Metropolitan City or Do that jointly built the relevant innovation city; |
| 2. | Where an area to which the relevant public institution is to be relocated or has been relocated is Daegu Metropolitan City or Gyeongsangbuk-do: Daegu Metropolitan City and Gyeongsangbuk-do; |
| 3. | Where an area to which the relevant public institution is to be relocated or has been relocated is Daejeon Metropolitan City, Sejong Special Self-Governing City, Chungcheongbuk-Do, or Chungcheongnam-Do: Daejeon Metropolitan City, Sejong Special Self-Governing City, Chungcheongbuk-Do, and Chungcheongnam-Do; |
| 4. | Where an area to which the relevant public institution is to be relocated or has been relocated is Ulsan Metropolitan City or Gyeongsangnam-do: Ulsan Metropolitan City and Gyeongsangnam-do; |
| 5. | Where an area to which the relevant public institution is to be relocated or has been relocated is not an area under subparagraphs 1 through 4: The Metropolitan City, Do, or Special Self-Governing Province to which the relocation area belongs. |
| (7) | Except as provided in paragraphs (1) through (6), detailed matters necessary for the employment of regional human resources of public institutions subject to relocation, etc. shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Added on Jan. 23, 2018; May 12, 2020> |
[This Article Wholly Amended on Jul. 17, 2017]
[Title Amended on May 12, 2020]
| Article 31 (Notification of plans necessary for regional development of public institutions subject to relocation and results of implementation thereof) |
| (1) | The head of a public institution subject to relocation shall notify the Minister of Land, Infrastructure and Transport of the plan under Article 29-3(1) of the Act and the performance results of the previous year by the end of February each year in accordance with Article 29-3(3) of that Act. <Amended on May 25, 2021> |
| (2) | The Minister of Land, Infrastructure and Transport shall compile the plans and the performance results of the previous year notified in accordance with paragraph (1) and disclose them on the website by April 30 every year. <Added on May 25, 2021> |
[This Article Wholly Amended on Feb. 27, 2018]
| Article 31-2 (Composition and operation of consultative body for employment of regional human resources) |
| (1) | The chairperson of the consultative body for employment of regional human resources under Article 29-4(1) of the Act (hereinafter referred to as the "consultative body for employment of regional human resources") may appoint 1 vice chairperson from among its members following a resolution by the consultative body for employment of regional human resources, and where the vice chairperson is unable to perform his or her duties due to unavoidable reasons, the vice chairperson shall act on behalf of the chairperson. |
| (2) | In principle, meetings of the consultative body for employment of regional human resources shall be held once a year, but may be additionally held where deemed necessary by the chairperson. |
| (3) | A meeting of the consultative body for employment of regional human resources may be held by the presence of a majority of registered members, and be resolved by the consent of a majority of attendant members. |
| (4) | When a Mayor/Do Governor organizes a consultative body for employment of regional human resources, he or she shall notify the Minister of Land, Infrastructure and Transport thereof. |
| (5) | Except as otherwise provided in paragraphs (1) through (4), detailed matters necessary for the composition, operation, etc. of a consultative body for employment of regional human resources shall be prescribed by ordinance of the relevant City/Do; provided, in cases of a joint innovation city, a Metropolitan City and a Do that jointly built the relevant innovation city shall determine such matters through consultation. |
[This Article Added on Feb. 27, 2018]
| Article 31-3 (Scope of relocation areas for promotion of preferential purchase of public institutions subject to relocation) |
| (1) | The scope of areas to which public institutions subject to relocation under Article 29-5(1) of the Act are to be relocated shall be the Metropolitan City, Do, Special Self-Governing City, Special Self-Governing City, or Special Self-Governing Province to which the areas where the relevant public institutions are relocated belong; provided, in cases of public institutions relocated to a joint innovation city, the Metropolitan City and Do that jointly built the relevant innovation city shall be the relocation area as a single region. |
| (2) | The head of a public institution subject to relocation shall notify the Minister of Land, Infrastructure and Transport of a purchase plan and the purchase records of the previous year under Article 29-5(2) of the Act by the end of February each year. <Amended on May 25, 2021> |
| (3) | The Minister of Land, Infrastructure and Transport shall compile the purchase plan and the purchase records of the previous year notified in accordance with paragraph (2) and disclose them on the website by April 30 every year. <Added on May 25, 2021> |
[This Article Added on Feb. 27, 2018]
CHAPTER IV INNOVATION CITY DEVELOPMENT COMMITTEE
| Article 32 (Composition and operation of innovation city development committee) |
| (1) | Members of an innovation city development committee shall be commissioned or appointed by the Mayor/Do Governor, including the following persons, in consideration of gender equality: |
| 1. | The head of the relevant local government; |
| 2. | At least 1 expert regarding urban or Gun planning, etc.; |
| 3. | At least 1 head of public institutions subject to relocation; |
| 4. | At least 1 person each from among the heads of occupant institutions in an industry-academia-research cluster, universities, research institutes, and economic organizations under Article 5-4(1) of the Act. |
| (2) | In principle, meetings of an innovation city development committee shall be held once a year, but may be additionally held where deemed necessary by the chairperson. |
| (3) | A majority of the members of an innovation city development committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (4) | When a Mayor/Do Governor organizes an innovation city development committee, he or she shall notify the Minister of Land, Infrastructure and Transport thereof. |
| (5) | Except as otherwise provided in paragraphs (1) through (4), detailed matters necessary for the composition, operation, etc. of an innovation city development committee shall be prescribed by ordinance of the relevant City/Do; provided, in cases of a joint innovation city development committee in accordance with the latter part of Article 31(1) of the Act, a Metropolitan City and Do that jointly built the relevant innovation city shall determine such matters through consultation. |
[This Article Wholly Amended on Feb. 27, 2018]
| Article 32-2 (Composition and operation of innovation city development unit) |
| (1) | The head of the innovation city development unit (hereinafter referred to as the "innovation city development unit") under Article 32 of the Act shall be the First Vice Minister of the Ministry of Land, Infrastructure and Transport, and the vice head shall be appointed by the Minister of Land, Infrastructure and Transport from among public officials in general service belonging to the Senior Executive Service of the Ministry of Land, Infrastructure and Transport. |
| (2) | The head shall control the overall affairs of the innovation city development unit after receiving the order of the Minister of Land, Infrastructure and Transport. |
| (3) | Except as provided in paragraphs (1) and (2), detailed matters necessary for the composition, operation, etc. of innovation city development units shall be determined by the Minister of Land, Infrastructure and Transport. |
[This Article Added on Feb. 27, 2018]
CHAPTER V SPECIAL ACCOUNTS FOR CONSTRUCTION OF INNOVATIONAL CITY
| Article 33 (Budget request for special accounts for construction of innovation city) |
Where the expenditure budget of the special accounts for construction of an innovation city (hereinafter referred to as "special account") is classified by organization of each central government agency in accordance with Article 33 (3) of the Act, the head of the central government agency shall submit a budget request and accompanying documents under Article 10 of the Enforcement Decree of the National Finance Act to the Minister of Planning and Budget, after consultation with the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Dec. 20, 2012; Mar. 23, 2013; Dec. 30, 2025>
| Article 34 (Items of expenditure of special accounts) |
Items that may be used as expenditure of the special account in accordance with Article 34(2)12 of the Act shall be as follows: <Amended on Jul. 27, 2009; Feb. 27, 2018>
| 1. | A deposit for lease of public institutions subject to relocation which are state administrative agencies; |
| 2. | Management and disposal expenses of former real estate administratively converted or transferred to a special account in accordance with Article 40 of the Act; |
| 3. | Other expenses incurred in operating special accounts. |
CHAPTER VI UTILIZATION OF FORMER REAL ESTATE
| Article 35 (Establishment of plans to dispose of former real estate) |
| (1) | Where the head of a public institution subject to relocation intends to sell all or part of former real estate, he or she shall include the following matters in a plan for disposal of the former real estate when formulating the plan for disposal of the former real estate in accordance with Article 43(1) of the Act: |
| 1. | Detailed schedule for sale of former real estate; |
| 2. | Designation, etc. of an institution entrusted with affairs of sale of former real estate where entrusted with such affairs in accordance with Article 44(2) of the Act. |
| (2) | The timing for sale of former real estate under Article 43(1)1 of the Act shall not exceed 1 year from the completion date of relocation specified in the plan of relocation to provincial areas in accordance with Article 4(1)2 of the Act; provided, the Minister of Land, Infrastructure and Transport may extend the timing of sale in consultation with the public institution subject to relocation, in consideration of the impact, etc. on the real estate market. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 36 (Public institutions purchasing former real estate) |
"Public institution prescribed by Presidential Decree" in the former part of Article 43(3) of the Act means the following public institutions (hereinafter referred to as "purchasing public institution"): <Amended on Mar. 24, 2014; Feb. 17, 2022>
| 1. | The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act; |
| 2. | The Korea Asset Management Corporation under the Act on the Establishment of Korea Asset Management Corporation. |
| 3. | The Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act. |
[This Article Wholly Amended on Jun. 29, 2011]
| Article 37 (Purchase of former real estate) |
| (1) | Where a public institution subject to relocation intends to sell former real estate to a purchasing public institution or a local public enterprise under the Local Public Enterprises Act (hereinafter referred to as "local public enterprise") in accordance with Article 43(3) of the Act, it may request the Minister of Land, Infrastructure and Transport to purchase the former real estate by submitting a request to the Minister of Land, Infrastructure and Transport, along with the current status of the former real estate; provided, where it intends to sell the former real estate to a purchasing public institution or local public enterprise because the former real estate has not been sold within the deadline presented in the plan to dispose of former real estate, it may request the Minister of Land, Infrastructure and Transport to purchase the former real estate by submitting the following documents in consultation with the head of the competent administrative agency, within 6 months from the date when the timing for sale of former real estate elapses. <Amended on Feb. 29, 2008; Jun. 29, 2011; Mar. 23, 2013> |
| 1. | Current status of former real estate; |
| 2. | Explanation of executing sale of former real estate; |
| 3. | Method of calculating sale price of former real estate and basis for calculation thereof; |
| 4. | Other matters related to the execution of sale. |
| (2) | Upon receipt of a request for purchase of former real estate in accordance with paragraph (1), the Minister of Land, Infrastructure and Transport may request a purchasing public institution or local public enterprise to purchase the former real estate after examining the subject matter, scope, appropriateness, etc. of the purchase of the former real estate. In such cases, the Minister of Land, Infrastructure and Transport shall hear the opinions of the purchasing public institution or local public enterprise in advance. <Amended on Feb. 29, 2008; Jun. 29, 2011; Mar. 23, 2013> |
| (3) | Upon receipt of a request for purchase in accordance with paragraph (2), a purchasing public institution or local public enterprise shall prepare a plan for purchasing former real estate and submit it to the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Jun. 29, 2011; Mar. 23, 2013> |
| (4) | Appraisal corporations, etc. under the latter part of Article 43(3) of the Act shall be each selected by a public institution subject to relocation and a purchasing public institution or local public enterprise, respectively. <Amended on Jun. 29, 2011; Jan. 21, 2022> |
| (5) | In principle, the purchase price of former real estate shall be paid in cash, but may be paid in bonds, as agreed upon by the public institution subject to relocation and the purchasing public institution or local public enterprise, may be offset with the land price of the public institution subject to relocation within prearranged development area for innovation cities, or may be exchanged with land within the prearranged development area for innovation cities. <Amended on Jun. 29, 2011> |
| (6) | Where a public institution subject to relocation and a purchasing public institution or local public enterprise have different opinions on the conditions of purchase excluding the purchase amount, they shall make a decision through mutual consultation, and where they fail to reach an agreement, the Minister of Land, Infrastructure and Transport shall make a decision through mediation. <Amended on Feb. 29, 2008; Jun. 29, 2011; Mar. 23, 2013> |
| (7) | Where a public institution subject to relocation and a purchasing public institution or local public enterprise conclude a purchase contract for the former real estate, the public institution subject to relocation shall actively cooperate in the transfer of ownership of the former real estate, and the parties shall equally bear expenses incurred in relation to the purchase of the former real estate, such as appraisal fees. <Amended on Jun. 29, 2011> |
| Article 37-2 (Special cases regarding change of purchaser) |
| (1) | Where a purchasing public institution or local public enterprise has concluded a sales contract for the former real estate and, before it acquires ownership of the former real estate, a person who is not the relevant purchasing public institution or local public enterprise meets all of the following requirements, the purchaser of the sales contract may be changed: |
| 1. | It shall be the same as the conditions of the former sales contract; |
| 2. | The changed purchaser shall pay the expenses under Article 41(3) borne by the purchasing public institution or local public enterprise in connection with the purchase of the former real estate to the relevant purchasing public institution or local public enterprise. |
| (2) | Where a purchasing public institution or local public enterprise intends to change the purchaser of a sales contract in accordance with paragraph (1), it shall consult with the Minister of Land, Infrastructure and Transport in advance. <Amended on Mar. 23, 2013> |
[This Article Added on Dec. 20, 2012]
| Article 38 (Management and disposal of purchased former real estate) |
| (1) | The purchasing public institution or local public enterprise shall formulate and implement a management plan for purchased former real estate and shall manage the former real estate so that it does not interfere with the formulation of an utilization plan by the Minister of Land, Infrastructure and Transport under the main sentence of Article 43(5) of the Act. <Amended on Feb. 29, 2008; Jun. 29, 2011; Mar. 23, 2013; Dec. 30, 2014> |
| (2) | A purchasing public institution or local public enterprise shall formulate and implement a plan to dispose of the former real estate purchased for the efficient utilization and sale of the purchased former real estate. In such cases, where a utilization plan under the main sentence of Article 43(5) of the Act has been formulated, it shall formulate and implement a disposal plan in accordance with the utilization plan. <Amended on Jun. 29, 2011; Dec. 30, 2014> |
| (3) | Where a purchasing public institution or local public enterprise formulates a plan to dispose of the former real estate in accordance with paragraph (2), it shall consult with the Minister of Land, Infrastructure and Transport in advance. <Amended on Feb. 29, 2008; Jun. 29, 2011; Mar. 23, 2013> |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to formulate a plan for the utilization of former real estate, including land outside the former real estate, in accordance with the former part of Article 43(6) of the Act, he or she shall ensure that the land outside of the former real estate is included to the minimum, in consideration of the following boundaries: <Added on Dec. 30, 2014> |
| 1. | Boundaries of areas, districts, zones, etc. under the relevant statutes or regulations, such as the National Land Planning and Utilization Act; |
| 2. | Boundaries of zones in an urban/Gun planning facility project under subparagraph 10 of Article 2 of the National Land Planning and Utilization Act; |
| 3. | Boundaries objectively and obviously distinguishable, such as roads, rivers, ditches, and retaining walls. |
| (5) | Where the Minister of Land, Infrastructure and Transport requests a local government to reflect a plan for the utilization of former real estate (including land outside the former real estate for which a utilization plan has been formulated) in an urban or Gun management plan under the National Land Planning and Utilization Act in accordance with the former part of Article 43(6) of the Act, he or she may, upon receipt of a request from the relevant local government, require the purchasing public institution or local public enterprise that has purchased the former real estate to prepare and submit relevant documents, etc. necessary for the formulation and modification of the urban or Gun management plan. <Added on Dec. 20, 2012; Mar. 23, 2013; Dec. 30, 2014> |
| Article 39 (Vicarious implementation of affairs of sale of former real estate) |
| (1) | "Public institution prescribed by Presidential Decree" in Article 44(2) of the Act means the following public institutions (hereinafter referred to as "sale agent"): <Amended on Sep. 21, 2009; Jun. 29, 2011; Mar. 24, 2014; Feb. 17, 2022> |
| 1. | The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act; |
| 2. | The Korea Asset Management Corporation under the Act on the Establishment of Korea Asset Management Corporation. |
| (2) | The Minister of Land, Infrastructure and Transport may request a sale agent to submit data, etc. related to sale in order to ascertain the status, etc. of sale of former real estate. In such cases, the sale agent shall comply with such request, unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 40 (Issuance of bonds) |
Where a purchasing public institution issues bonds in accordance with Article 44(3) of the Act, it shall comply with the following provisions: <Amended on Sep. 21, 2009; Jun. 29, 2011; Mar. 24, 2014; Feb. 17, 2022>
| 1. | The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act: Article 10 of that Act and Articles 14 through 28 of the Enforcement Decree of that Act; |
| 2. | The Korea Asset Management Corporation under the Act on the Establishment of Korea Asset Management Corporation: Article 33 of that Act; |
| 3. | The Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act: Article 27 of that Act and Article 20 of the Enforcement Decree of that Act. |
| Article 41 (Profits or losses from purchase of former real estate) |
| (1) | The profits or losses of a purchasing public institution or local public enterprise, which are to be transferred to the special account or covered by the special account in accordance with Article 44(4) of the Act, shall be the difference between the aggregate amount of the proceeds from sale and proceeds from the sale of the former real estate generated until the sale of the former real estate (including land outside the former real estate for which a utilization plan has been formulated in accordance with the former part of Article 43(6) of the Act, and the area of land outside the former real estate shall not exceed 10/100 of the area of the former real estate; hereafter the same shall apply in this Article) and the aggregate amount of the purchase price of the former real estate and other expenses incurred until the sale of the former real estate and the performance-based fees under paragraph (4). <Amended on Jun. 29, 2011; Dec. 20, 2012; Dec. 30, 2014> |
| (2) | Proceeds generated from the sale of former real estate in accordance with paragraph (1) shall be as follows: |
| 1. | Rental proceeds in cases of leasing former real estate; |
| 2. | Interest on sale of former real estate in installments; |
| 3. | Other incidental proceeds. |
| (3) | Other expenses incurred until the sale of former real estate in accordance with paragraph (1) shall be as follows: <Amended on Jun. 29, 2011; Dec. 20, 2012> |
| 1. | Appraisal and survey fees borne by purchasing public institutions or local public enterprises; |
| 2. | Taxes and public charges for purchase, management, and sale of former real estate; |
| 3. | Capital costs, such as interest on loans for purchase price of former real estate under Article 44(1) of the Act and interest on payment of bonds under Article 44(3) of the Act; |
| 4. | Other personnel expenses, sales expenses, management expenses, development project expenses (including survey expenses, design expenses, construction expenses, compensation expenses, and other similar expenses) and other incidental expenses incurred until the sale of former real estate. |
| (4) | Where the amount under subparagraph 1 is greater than the amount under subparagraph 2, the purchasing public institution or local public enterprise may set the amount determined by the Minister of Land, Infrastructure and Transport in consultation with the Minister of Finance and Economy within 10/100 of the difference as performance-based fees: <Added on Dec. 20, 2012; Mar. 23, 2013; Dec. 30, 2025> |
| 1. | The aggregate amount of the proceeds from the sale of the former real estate and the proceeds from sale generated until the sale thereof; |
| 2. | The aggregate amount of the purchase price of the former real estate and other expenses under paragraph (3) generated until the sale thereof. |
| (5) | Except as otherwise provided in paragraphs (1) through (4), matters necessary for the settlement of accounts of profits or losses of a purchasing public institution or local public enterprise, which shall be transferred to the special account or covered by the special account in accordance with Article 44(4) of the Act, shall be determined by the Minister of Land, Infrastructure and Transport. <Added on Dec. 20, 2012; Mar. 23, 2013> |
| (6) | A purchasing public institution or local public enterprise shall prepare a detailed statement of profits or losses incurred in purchase, management, etc. of former real estate each year and report it to the Minister of Land, Infrastructure and Transport by the end of February of the following year. <Amended on Feb. 29, 2008; Jun. 29, 2011; Dec. 20, 2012; Mar. 23, 2013> |
CHAPTER Ⅶ SUPPORT TO PUBLIC INSTITUTIONS SUBJECT TO RELOCATION
| Article 42 (Support to public institutions subject to relocation) |
| (1) | Where the head of a State agency or the head of a local government intends to provide subsidies to a public institution subject to relocation whose revenue has significantly decreased due to relocation to provincial areas in accordance with Article 45(4) of the Act, he or she shall determine the details of support, etc. after deliberation by the City Development Committee or an innovation city development committee, taking the following matters into consideration: <Amended on Jun. 29, 2011; Feb. 27, 2018> |
| 1. | Trend of profits by year compared to the average revenues for the preceding 3 years, excluding the year to which the completion date of the relocation of the public institution subject to relocation to provincial areas belongs; |
| 2. | Other matters for which public institutions subject to relocation have endeavored to cope with changes in the circumstances following the relocation to provincial areas, such as measures to minimize the decrease in revenues under Article 3(1)4. |
| (2) | Where a public institution subject to relocation deems that its revenue has significantly decreased in accordance with paragraph (1)1, it shall file an application with the head of the competent administrative agency or the Mayor/Do Governor of the relocation area, along with relevant documents. |
| Article 42-2 (Preferential treatment to local enterprises) |
| (1) | "Contract for construction works, goods, services, etc. prescribed by Presidential Decree" in Article 45-5 of the Act means any of the following contracts: |
| 1. | Contracts for construction projects: Contracts for the following construction works: |
| a. | General construction works or specialized construction works under subparagraphs 5 and 6 of Article 2 of the Framework Act on the Construction Industry; |
| b. | Electrical construction works under subparagraph 1 of Article 2 of the Electrical Construction Business Act; |
| c. | Information and communications construction works under subparagraph 2 of Article 2 of the Information and Communications Construction Business Act; |
| d. | Construction works for the new installation, extension, remodeling, relocation, and maintenance of firefighting systems under the Firefighting System Installation Business Act; |
| 2. | Contract for manufacturing or purchasing goods: Contract for manufacturing or purchasing various equipment and materials, machinery, office devices, computer systems, etc.; |
| 3. | Contracts for services: Contracts for the following services: |
| a. | Services regarding engineering activities under subparagraph 1 of Article 2 of the Engineering Industry Promotion Act; |
| b. | Services for design and construction supervision under subparagraphs 3 and 4 of Article 2 of the Certified Architects Act. |
| (2) | Where the head of a public institution subject to relocation intends to give preferential treatment to a local enterprise in accordance with Article 45-5 of the Act, he or she shall take into consideration the nature, etc. of the contract subject to such treatment, and shall determine the guidelines for preferential treatment of local enterprises in consultation with the Minister of Finance and Economy and the Minister of the Interior and Safety. <Amended on Oct. 1, 2025> |
| (3) | The head of a public institution subject to relocation shall post the preferential treatment criteria for local enterprises prescribed in accordance with paragraph (2) on the website of the relevant public institution subject to relocation. |
[This Article Added on May 12, 2020]
| Article 43 (Reduction of and exemption from rents of state or public property) |
| (1) | The rents of State or public property under Article 46(1) of the Act shall be calculated by multiplying the value of the State or public property by the rate of at least 10/1000. |
| (2) | The reduction rate of the rents of State property under Article 46(1) of the Act shall be determined by the head of the central government agency having the jurisdiction of State property (including the person delegated or entrusted in accordance with Article 28 or 42 (1) of the State Property Act; the same shall apply hereinafter) within 100/100 of the rents of the State property. <Amended on Jul. 27, 2009; Apr. 1, 2011> |
| (3) | A person who intends to obtain a reduction of or exemption from the rents of State or public property in accordance with Article 46(1) of the Act shall apply for reduction of or exemption from the rents of the State or public property to the relevant managing authority of the relevant State or public property. |
| (4) | Detailed matters, such as standards and requirements for reduction of or exemption from the rents and the reduction rate, etc. of rents of the State property under Article 46(1) of the Act shall be prescribed by ordinance of the relevant local government, in consideration of creation of jobs, effects on the revitalization of innovation cities and the local economy, and other factors. <Amended on Dec. 30, 2014> |
| (5) | Except as otherwise provided in the Act and this Decree, the lease of State or public property shall be governed by the provisions of the State Property Act and the Public Property and Commodity Management Act in accordance with Article 46 of the Act. |
| (6) | Deleted. <Dec. 30, 2014> |
| Article 44 (Support measures for relocating employees) |
| (1) | The head of a public institution subject to relocation shall develop and implement measures to support relocating employees, including the following matters, in accordance with Article 47(1) of the Act: |
| 1. | Matters regarding the payment of moving expenses to relocating employees at the level of actual expenses; |
| 2. | Matters regarding the payment of temporary relocation allowances to relocating employees; |
| 3. | Matters regarding support for college tuition for children of relocating employees. |
| (2) | Where the head of a public institution subject to relocation formulates support measures in accordance with paragraph (1), the details of support measures shall meet the standards prescribed by relevant statutes or regulations. |
| (3) | Where the Minister of Land, Infrastructure and Transport deems it necessary for the smooth implementation of support measures developed in accordance with paragraph (1), he or she may request the heads of relevant administrative agencies to provide support. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 44-2 (Support measures for residents) |
| (1) | Support measures for residents that the relevant Mayors/Do Governors, the heads of Sis/Guns/Gus, or project operators shall formulate and implement in accordance with Article 47-2 of the Act shall be as follows: |
| 1. | Implementation of vocational conversion training for residents of prearranged development area for innovation cities (including their children not residing in prearranged development area for innovation cities) who wish to change their jobs; |
| 2. | Support for the income-generating projects to corporations or organizations comprised of residents of prearranged development areas for innovation cities (hereafter referred to as "residents' organizations" in this Article); |
| 3. | Employment services for residents of prearranged development areas for innovation cities (including their children not residing in prearranged development areas for innovation cities). |
| (2) | Matters necessary for persons eligible for vocational conversion training, training methods, standards for payment of training allowances, etc. under paragraph (1)1 shall be determined by the relevant Mayors/Do Governors after hearing the opinions of the heads of the relevant Sis/Guns/Gus. |
| (3) | The project operator may entrust a residents' organization with the projects publicly notified by the relevant Sis/Guns/Gus deemed necessary to be participated by residents, such as transfer of graves, removal of obstacles, and restoration of abandoned underground excavated holes to the original state, following the implementation of an innovation city development project in accordance with paragraph (1)2. |
| (4) | The relevant Mayors/Do Governors, the heads of Sis/Guns/Gus, or project operators may, where deemed necessary for the resettlement and stabilization of livelihood of residents, recommend any construction company, etc., participating in an innovation city development project (hereafter referred to as "business entity" in this paragraph) to employ residents of prearranged development area for innovation cities (including their children not residing in prearranged development areas for innovation cities) and a business entity in receipt of such recommendation shall endeavor to comply therewith to the maximum extent possible, unless there are compelling reason not to do so. |
[This Article Added on Jan. 11, 2008]
| Article 44-3 (Establishment and operation of innovation city development support center) |
| (1) | The Mayor/Do Governor having jurisdiction over an innovation city in accordance with Article 47-3(1) of the Act (hereafter referred to as the "Mayor/Do Governor having jurisdiction over an innovation city" in this Article) may establish and operate an innovation city development support center (hereafter referred to as "development support center" in this Article). In such cases, where 2 or more Cities/Dos jointly construct 1 innovation city, the Mayor/Do Governor having jurisdiction over an innovation city may jointly establish and operate an innovation support center. <Amended on Feb. 27, 2018> |
| (2) | Where the Mayor/Do Governor having jurisdiction over an innovation city deems it necessary to efficiently perform the affairs of a development support center, he or she may request the heads of relevant administrative agencies and the heads of institutions or organizations related to the affairs of the development support center to dispatch public officials belonging thereto, their executive officers and employees, etc. <Amended on Feb. 27, 2018> |
| (3) | Except as otherwise provided in paragraphs (1) and (2), detailed matters necessary for the establishment, operation, etc. of a development support center shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Feb. 27, 2018> |
[This Article Added on Sep. 17, 2013]
[Title Amended on Feb. 27, 2018]
| Article 45 (Establishment and operation of fund) |
Where a City/Do establishes a fund in accordance with Article 49(3) or (4) of the Act, the Mayor/Do Governor shall operate and manage the fund, and the creation, use, and operation of the fund and other necessary matters shall be prescribed by ordinance of the relevant local government.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 46 (Notification on change in public works projects) |
| (1) | When the cancellation of designation of a previous project zone is publicly notified in the Official Gazette or an official report in accordance with Article 51(4) of the Act, the project operator shall notify the change in the public works project to the persons who hold rights to repurchase land under Article 91(1) of the Act on Acquisition of and Compensation for Land for Public Works Projects (hereafter referred to as "repurchase right holders" in this Article) in accordance with Article 51(7) of the Act; provided, the public announcement under paragraph (2) may be made in lieu of such notice, if it is impracticable to identify a repurchase right holder or to find the domicile, residence, or any other place of a repurchase right holder for service of the notice. |
| (2) | Public announcement under the proviso of paragraph (1) shall be made whereby the project operator sends documents to be publicly announced to the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (including the head of a Gu which is not an autonomous Gu) having jurisdiction over the location of the relevant land and the relevant head posts them on the bulletin board or the website of the relevant Special Self-Governing Province or the relevant Si/Gun/Gu (including a Gu which is not an autonomous Gu) for 14 days. |
| Article 47 (Delegation of authority) |
| (1) | The Minister of Land, Infrastructure and Transport shall delegate his or her authority to conduct a completion inspection under Article 17 of the Act (limited to where a project operator falls under Article 10(1)1 or 3 of the Act) to Mayors/Do Governors in accordance with Article 57(1) of the Act. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall entrust the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act with the following affairs in accordance with Article 57(2) of the Act: <Amended on Mar. 23, 2013> |
| 1. | Completion inspection under Article 17 of the Act (limited to where a project operator falls under Article 10(1)2 of the Act); |
| 2. | Investigation of current status on former real estate under Article 42 of the Act. |
[This Article Wholly Amended on Jun. 29, 2011]
| Article 47-2 (Criteria for imposing administrative fines) |
The criteria for imposition of administrative fines under Article 60(1) and (2) of the Act shall be as specified in Appendix 2. <Amended on Jan. 23, 2018>
[This Article Added on Jun. 28, 2016]
| Article 48 (Re-examination of regulations) |
The Minister of Land, Infrastructure and Transport shall review the appropriateness of the following matters every 3 years from the base dates classified as follows (referring to the period that ends on the day before every third anniversary from the relevant base date), and shall take measures, such as making improvements:
| 1. | Deleted; <Dec. 30, 2016> |
| 2. | Restrictions of activities, etc. under Article 8: January 1, 2014; |
| 3. | Advance payment under Article 18: January 1, 2014; |
| 4. | Scale of the issuance of land redemption bonds under Article 19: January 1, 2014. |
[This Article Added on Dec. 30, 2013]
ADDENDA <Presidential Decree No. 19883, Feb. 12, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on February 12, 2007.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 20540, Jan. 11, 2008>
This Decree shall enter into force on January 18, 2008.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, among the Presidential Decrees amended in accordance with Article 6 of the Addenda, amendments to Presidential Decrees, which were promulgated before this Act enters into force, and the dates on which they are to enter into force have yet to arrive, shall enter into force on the dates of the respective Decrees enter into force.
Articles 2 through 5 Omitted.
Article 6 Omitted.
ADDENDA <Presidential Decree No. 20791, May 26, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21025, Sep. 22, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21231, Dec. 31, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21445, Apr. 21, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 13 Omitted.
Article 14 Omitted.
Article 15 Omitted.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
Article 11 Omitted.
Article 12 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22669, Feb. 14, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22815, Apr. 1, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on April 1, 2011.
Articles 2 through 9 Omitted.
Article 10 Omitted.
ADDENDUM <Presidential Decree No. 22995, Jun. 29, 2011>
This Decree shall enter into force on December 1, 2011; provided, the amended provisions of Articles 36 through 41 shall enter into force on July 1, 2011.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 13 Omitted.
Article 14 Omitted.
Article 15 Omitted.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 4 Omitted.
Article 5 Omitted.
Article 6 Omitted.
ADDENDUM <Presidential Decree No. 24244, Dec. 20, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 Omitted.
ADDENDUM <Presidential Decree No. 24758, Sep. 17, 2013>
This Decree shall enter into force on September 23, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25279, Mar. 24, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 25339, Apr. 29, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 25937, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 26762, Dec. 28, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 7 Omitted.
Article 8 Omitted.
Article 9 Omitted.
ADDENDA <Presidential Decree No. 26928, Jan. 22, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27287, Jun. 28, 2016>
This Decree shall enter into force on June 30, 2016.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 6 Omitted.
Article 7 Omitted.
Article 8 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 28189, Jul. 17, 2017>
This Decree shall enter into force on July 18, 2017.
ADDENDUM <Presidential Decree No. 28609, Jan. 23, 2018>
This Decree shall enter into force on January 25, 2018.
ADDENDA <Presidential Decree No. 28686, Feb. 27, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on March 27, 2018; provided, the amended provisions of Article 32-2 shall enter into force on March 1, 2018 and the amended provisions of Articles 31-2 and 31-3 shall enter into force on April 25, 2018.
Article 2 Omitted.
Article 3 (Relationship to other statutes or regulations)
A citation of the previous Enforcement Decree of the Special Act on the Construction of and Support for Innovation Cities Following Relocation of Public Institutions or any previous provision thereof by other statutes or regulations in force at the time this Decree enters into force shall be deemed a citation of this Decree or the relevant provision of this Decree in lieu of the previous Enforcement Decree of the Special Act on the Construction of and Support for Innovation Cities Following Relocation of Public Institutions or such previous provision, if corresponding provisions exist here.
ADDENDA <Presidential Decree No. 30675, May 12, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on May 27, 2020.
Article 2 (Applicability to establishment of new scope of relocation areas for mandatory employment of regional human resources)
The amended provisions of Article 30-2(6)3 shall begin to apply from the first case where the head of a public institution subject to relocation, etc. makes a public announcement of employment after this Decree enters into force.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31634, Apr. 20, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 31703, May 25, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on June 9, 2021.
Article 2 (Special cases regarding disclosure of plans necessary for regional development of public institutions subject to relocation)
| (1) | Notwithstanding the amended provisions of Article 31(2), the Minister of Land, Infrastructure and Transport shall disclose the plan for the year 2021 necessary for the regional development of public institutions subject to relocation notified in accordance with the previous provisions of Article 31 and the implementation results for the year 2020 on the website within 2 months after this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of Article 31-3(3), the Minister of Land, Infrastructure and Transport shall disclose the preferential purchase plan for the year 2021 of public institutions subject to relocation notified in accordance with Article 31-3(2) and the purchase records for the year 2020 on the website within 2 months after this Decree enters into force. |
ADDENDA <Presidential Decree No. 32352, Jan. 21, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on January 21, 2022.
Articles 2 through 4 Omitted.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 32366, Jan. 25, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to adjustment of new scope of relocation areas for mandatory employment of regional human resources)
The amended provisions of Article 30-2(6)4 shall begin to apply from cases where the head of a public institution subject to relocation, etc. makes a public announcement of employment after this Decree enters into force.
ADDENDA <Presidential Decree No. 32449, Feb. 17, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on February 18, 2022.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 33621, Jul. 7, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on July 10, 2023.
Articles 2 through 11 Omitted.
Article 12 Omitted.
Articles 13 and 14 Omitted.
ADDENDA <Presidential Decree No. 34487, May 7, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on May 17, 2024.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 34839, Aug. 13, 2024>
This Decree shall enter into force on August 21, 2024.
ADDENDA <Presidential Decree No. 35947, Dec. 30, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on January 2, 2026; provided, the amendments to the Presidential Decrees to be amended in accordance with Article 6 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 5 Omitted.
Article 6 Omitted.