CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to contribute to the improvement of the quality of life of citizens and balanced national growth by providing for matters concerning the efficient construction and management of ubiquitous cities to improve the competitiveness of cities and facilitate sustainable development.
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| Article 2 (Definitions) |
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The definitions of terms used in this Act shall be as follows: <Amended by Act No. 9705, May 22, 2009>
| 1. |
The term "ubiquitous city" means a city that provides ubiquitous city services at any time in any place through the ubiquitous city infrastructure constructed by utilizing ubiquitous city technologies to enhance the competitiveness of the city and the quality of life therein; |
| 2. |
The term "ubiquitous city service" means a service prescribed by Presidential Decree that provides information, separately or in combination, about the main functions of a city, such as administration, transportation, welfare, the environment, and prevention and management of disasters, which is collected through the ubiquitous city infrastructure; |
| 3. |
The term "ubiquitous city infrastructure" means any of the following facilities: |
| (a) |
Infrastructure as defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act or a public facility as defined in subparagraph 13 of the aforesaid Article, which is intellectualized by applying convergence technologies of construction, and information and communications; |
| (b) |
The information superhighway as defined in subparagraph 13 of Article 3 of the Framework Act on National Informatization, the broadband integrated service digital network as defined in subparagraph 14 of the aforesaid Article, or any other information and communications network prescribed by Presidential Decree; |
| (c) |
A facility prescribed by Presidential Decree for the management and operation of a ubiquitous city, such as the integrated operation center of a ubiquitous city for providing ubiquitous city services; |
| 4. |
The term "ubiquitous city technologies" means the convergence technologies of construction and information and communications, and the information and communications technologies for the construction of ubiquitous city infrastructure and the provision of ubiquitous city services; |
| 5. |
The term "convergence technologies of construction and information and communications" means technologies prescribed by Presidential Decree which converge construction technologies with electronics, control, telecommunications technologies to make artificially intelligent the infrastructure as defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act or a public facility as defined in subparagraph 13 of the aforesaid Article; |
| 6. |
The term "ubiquitous city construction project" means a project to construct, improve, or ameliorate ubiquitous city infrastructure for providing ubiquitous city services in accordance with the relevant ubiquitous city plan formulated under Article 8. |
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| Article 3 (Eligible Projects) |
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This Act shall apply to the projects that meet or exceed the scale prescribed by Presidential Decree among the following projects:
| 3. |
Innovation city development projects under the Special Act on the Construction and Support of Innovation Cities Following Relocation of Public Agencies; |
| 5. |
The multifunctional administrative city development project under the Special Act on the Construction of Multifunctional Administrative City in Yeongi-Gongju Area for Follow-up Measures for New Administrative Capital; |
| 6. |
Other projects prescribed by Presidential Decree from among urban development projects under other relevant Acts and subordinate statutes and projects implemented by the Special Metropolitan City or any Metropolitan City, or any Si/Gun for improvement or amelioration of cities. |
CHAPTER II FORMULATION OF COMPREHENSIVE PLANS FOR UBIQUITOUS CITIES, ETC.
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| Article 4 (Formulation of Comprehensive Plans for Ubiquitous Cities, etc.) |
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| (1) |
The Minister of Land, Infrastructure and Transport shall formulate a comprehensive plan for ubiquitous cities (hereinafter referred to as "comprehensive plan"), including the following matters, every five years for the efficient construction and management of ubiquitous cities (hereinafter referred to as "construction, etc. of ubiquitous cities"): <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Matters concerning the analysis of the current status and conditions for the realization of ubiquitous cities; |
| 2. |
Matters concerning the principles of, and basic direction-setting for ubiquitous cities; |
| 3. |
Matters concerning the implementation strategies for each phase for the realization of ubiquitous cities; |
| 4. |
Matters concerning the rearrangement of related Acts and systems for the construction, etc. of ubiquitous cities; |
| 5. |
Matters concerning the implementation system of ubiquitous city development projects; |
| 6. |
Matters concerning the allocation of roles between the State and local governments and to each central administrative agency; |
| 7. |
Matters concerning the construction, management, and operation of ubiquitous city infrastructure and the formulation of applicable standards; |
| 8. |
Matters concerning the standards of ubiquitous city technologies; |
| 9. |
Matters concerning the protection of personal information and ubiquitous city infrastructure; |
| 10. |
Matters concerning the procurement and management of funds necessary for the construction, etc. of ubiquitous cities; |
| 11. |
Other matters prescribed by Presidential Decree as necessary for the construction, etc. of ubiquitous cities. |
| (2) |
When the Minister of Land, Infrastructure and Transport intends to formulate a comprehensive plan, he/she may request the head of each central administrative agency to present a draft plan for policies and projects that shall be reflected in the comprehensive plan, as prescribed by Presidential Decree. In such cases, the head of each central administrative agency shall comply with such request, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Land, Infrastructure and Transport shall give consideration to the draft plans presented under paragraph (2) in preparing a draft comprehensive plan for ubiquitous cities (hereinafter referred to as "draft comprehensive plan"). In such cases, sectional plans for the administrative affairs and national informatization by region, which are included in the master plan for the national informatization formulated pursuant to Article 6 of the Framework Act on National Informatization, shall be given consideration with regard to matters concerning ubiquitous city services but shall be reflected in the comprehensive plan, taking into account the consistency and the systematic conformity with, the relevant comprehensive plan. <Amended by Act No. 9705, May 22, 2009; Act No. 11690, Mar. 23, 2013> |
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| Article 5 (Holding Hearings) |
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| (1) |
When the Minister of Land, Infrastructure and Transport has prepared a draft comprehensive plan, he/she shall hold a hearing to hear opinions of relevant experts, etc. and shall reflect opinions presented at the hearing in the draft comprehensive plan, if such opinions are deemed reasonable. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Matters necessary for holding hearings under paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 6 (Finalization of Comprehensive Plans) |
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| (1) |
The Minister of Land, Infrastructure and Transport shall finalize each draft comprehensive plan in which the opinions presented at a hearing under Article 5 are reflected, following consultation with the heads of relevant central administrative agencies and deliberation by the Ubiquitous City Committee under Article 23. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Once a comprehensive plan is finalized pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall publicly announce the main details thereof through the Official Gazette without delay and shall forward such comprehensive plan to the head of each relevant central administrative agency, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, and the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and the head of a Si/Gun (excluding the head of a Gun within the jurisdiction of a Metropolitan City; the same shall apply hereinafter) respectively. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 7 (Revisions to Comprehensive Plans) |
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Articles 4 (2) through (4), 5, and 6 shall apply mutatis mutandis to revisions to the comprehensive plan: Provided, That the foregoing shall not apply to any revision to insignificant matters prescribed by Presidential Decree.
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| Article 8 (Formulation of Ubiquitous City Plans) |
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| (1) |
Each of the Special Metropolitan City Mayor, Metropolitan City Mayor, Mayor of a Special Self-Governing City, Governor of a Special Self-Governing Province or head of a Si/Gun (hereinafter referred to as "the head of a Si/Gun") may formulate a ubiquitous city plan, including the following matters, for his/her jurisdiction: Provided, That he/she shall formulate a ubiquitous city plan before the implementation of a ubiquitous city construction project, if he/she intends to implement such project: <Amended by Act No. 11448, May 23, 2012> |
| 1. |
Matters concerning the analysis of the regional characteristics, current status, and conditions; |
| 2. |
Matters concerning the basic direction-setting for the construction of the ubiquitous city, the goals of the plan, and the implementation strategies, taking regional characteristics into account; |
| 3. |
Matters concerning the implementation of ubiquitous city construction projects by phase; |
| 4. |
Matters concerning the implementation system of the ubiquitous city construction project; |
| 5. |
Matters concerning the allocation of roles and cooperation between relevant administrative agencies; |
| 6. |
Matters concerning the construction, and management and operation of ubiquitous city infrastructure; |
| 7. |
Matters concerning ubiquitous city services, taking regional characteristics into account; |
| 8. |
Matters concerning the procurement and management of funds necessary for the construction, etc. of ubiquitous cities; |
| 9. |
Other matters prescribed by Presidential Decree as necessary for the construction, etc. of ubiquitous cities. |
| (2) |
Notwithstanding the proviso to paragraph (1), the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province or the head of a Si/Gun having jurisdiction over the area of a ubiquitous city construction project may not formulate a ubiquitous city plan, subject to approval of the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree, if the details of the ubiquitous city plan listed in the subparagraphs of paragraph (1) are reflected in the urban/Gun master plan formulated pursuant to the National Land Planning and Utilization Act. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11448, May 23, 2012; Act No. 11690, Mar. 23, 2013> |
| (3) |
Notwithstanding paragraph (1), the Special Metropolitan City Mayor, Metropolitan City Mayor, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province or the head of a Si/Gun may formulate a ubiquitous city plan covering all or part of the jurisdiction of the Special Metropolitan City, a Metropolitan City or Si/Gun (excluding any Gun within the jurisdiction of a Metropolitan City) adjacent to his/her jurisdiction if deemed necessary in light of local conditions. Prior consultation with the head of a relevant local government shall be held in such cases. <Amended by Act No. 11448, May 23, 2012> |
| (4) |
Notwithstanding paragraphs (1) and (3), where the area eligible for a ubiquitous city plan extends over the jurisdictions of at least two Sis/Guns within the jurisdiction of the same Do for which the competent Do Governor deems it necessary, the Do Governor may formulate a ubiquitous city plan. In such cases, the Do Governor shall hear the opinion of the heads of the relevant Sis/Guns. <Newly Inserted by Act No. 11448, May 23, 2012> |
| (5) |
Each ubiquitous city plan shall reflect the details of the relevant comprehensive plan, and shall be in line with the urban/Gun master plan formulated under the National Land Planning and Utilization Act. <Amended by Act No. 10599, Apr. 14, 2011> |
| (6) |
The Minister of Land, Infrastructure and Transport may establish a committee to assist in the formulation of ubiquitous city plans under paragraph (1) and to carry out surveys and research on the ubiquitous city plans, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (7) |
Where the Special Metropolitan City Mayor, Metropolitan City Mayors, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province or the head of a Si/Gun formulates a ubiquitous city plan, he/she may seek advice thereon from the committee under paragraph (6). <Amended by Act No. 11448, May 23, 2012> |
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| Article 9 (Holding Public Hearings to Formulate Ubiquitous City Plans) |
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A person who formulates a ubiquitous city plan (hereinafter referred to as "person authorized to formulate a ubiquitous city plan") may hold a public hearing, if necessary for formulating the ubiquitous city plan, and Article 5 shall apply mutatis mutandis
to the holding of public hearings. <Amended by Act No. 11448, May 23, 2012>
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| Article 10 (Approval of Ubiquitous City Plans) |
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| (1) |
When a person authorized to formulate a ubiquitous city plan formulates a ubiquitous city plan pursuant to Article 8, he/she shall consult in advance with the heads of relevant administrative agencies and obtain approval from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11448, May 23, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) |
Upon obtaining approval under paragraph (1), a person authorized to formulate a ubiquitous city plan shall publicly announce the details thereof on the official bulletin without delay. <Amended by Act No. 11448, May 23, 2012> |
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| Article 11 (Revisions to Ubiquitous City Plans) |
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Article 8 (3) through (5) and (7), Articles 9 and 10 shall apply mutatis mutandis
to revisions to a ubiquitous city plan: Provided
, That the foregoing shall not apply to any revisions to insignificant matters prescribed by Presidential Decree. <Amended by Act No. 11448, May 23, 2012>
CHAPTER III IMPLEMENTATION OF UBIQUITOUS CITY CONSTRUCTION PROJECTS, ETC.
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| Article 12 (Project Implementers) |
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| (1) |
Any of the following entities may implement a ubiquitous city construction project: Provided, That an entity referred to in subparagraphs 2 through 5 may implement a ubiquitous city construction project after obtaining designation from the approval agency of project plans under Article 13 (2) as the implementer of the ubiquitous city construction project, as prescribed by Presidential Decree: <Amended by Act No. 11448, May 23, 2012> |
| 1. |
The State or a local government; |
| 2. |
The Korea Land and Housing Corporation incorporated under the Korea Land and Housing Corporation Act or other public institutions prescribed by Presidential Decree among public institutions under the Act on the Management of Public Institutions; |
| (2) |
The State or a local government may implement a ubiquitous city construction project jointly with any entity referred to in paragraph (1) 2 through 5. |
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| Article 13 (Plans for Ubiquitous City Construction Projects) |
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| (1) |
The implementer of a ubiquitous city construction project designated under Article 12 (hereinafter referred to as "project implementer") shall formulate the ubiquitous city construction project plan (hereinafter referred to as "project plan"), stating the following matters in accordance with the relevant ubiquitous city plan: |
| 1. |
The name and scope of the project; |
| 2. |
Objectives of, and the basic direction-setting for the project; |
| 3. |
The project implementer; |
| 4. |
The implementation period of the project; |
| 5. |
The implementation method of the project; |
| 6. |
The annual investment plan and funding plan (including a cost allotment plan); |
| 7. |
Matters concerning the construction, and management and operation of ubiquitous city infrastructure; |
| 8. |
Matters concerning the provision of ubiquitous city services; |
| 9. |
Matters concerning ubiquitous city technologies; |
| 10. |
Other matters prescribed by Presidential Decree as necessary for the construction of ubiquitous cities. |
| (2) |
Any project implementer, other than the State or a local government, shall obtain approval from the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Mayor of a Special Self-Governing City, Governor of a Special Self-Governing Province or the head of a Si/Gun (referring to the competent Do Governor, if the project area extends over the jurisdictions of at least two Sis/Guns within the jurisdiction of the same Do, or the Minister of Land, Infrastructure and Transport, if the project area extends over the jurisdictions of at least two of the Special Metropolitan City, Metropolitan Cities, and/or Dos; hereafter referred to as "approval agency of project plans" in this Article) for the relevant project plan, when it formulates the project plan pursuant to paragraph (1). <Amended by Act No. 11448, May 23, 2012; Act No. 11690, Mar. 23, 2013> |
| (3) |
Where the Minister of Land, Infrastructure and Transport (if the State is a project implementer) or the head of a local government formulates a project plan pursuant to paragraph (1), or the approval agency of project plans approves a project plan pursuant to paragraph (2), he/she shall first consult thereon with the heads of relevant administrative agencies. <Amended by Act No. 11448, May 23, 2012; Act No. 11690, Mar. 23, 2013> |
| (4) |
When the Minister of Land, Infrastructure and Transport (if the State is a project implementer) or the head of a local government formulates a project plan pursuant to paragraph (1), or the approval agency of project plans approves a project plan pursuant to paragraph (2), he/she shall publicly announce the formulation or approval of the project plan through the Official Gazette or the relevant official bulletin, and when the Minister of Land, Infrastructure and Transport or a Do Governor approves a project plan, he/she shall forward relevant documents to the Special Metropolitan City Mayor, Metropolitan City Mayor, Mayor of a Special Self-Governing City, Governor of a Special Self-Governing Province or the head of a Si/Gun having jurisdiction over the relevant project area. <Amended by Act No. 11448, May 23, 2012; Act No. 11690, Mar. 23, 2013> |
| (5) |
Paragraphs (2) through (4) shall apply mutatis mutandis to revisions to a project plan: Provided, That the foregoing shall not apply to any revision to insignificant matters prescribed by Presidential Decree. |
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| Article 14 (Implementation Plans of Ubiquitous City Construction Projects) |
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| (1) |
Each project implementer shall formulate an implementation plan of the relevant ubiquitous city construction project (hereinafter referred to as "implementation plan"), including the following matters: |
| 1. |
Matters provided for in Article 13 (1) 1 through 9; |
| 2. |
Other matters prescribed by Presidential Decree as necessary for the construction of ubiquitous cities. |
| (2) |
Any project implementer, other than the State or a local government, shall obtain approval from the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Mayor of a Special Self-Governing City, Governor of a Special Self-Governing Province or the head of a Si/Gun (referring to the competent Do Governor, if the project area extends over the jurisdictions of at least two Sis/Guns within the jurisdiction of the same Do, or the Minister of Land, Infrastructure and Transport, if the project area extends over the jurisdictions of at least two of the Special Metropolitan City, Metropolitan Cities, and/or Dos; hereafter referred to as "approval agency of implementation plans" in this Article) for the relevant implement plan, when it formulates an implementation plan pursuant to paragraph (1). <Amended by Act No. 11448, May 23, 2012; Act No. 11690, Mar. 23, 2013> |
| (3) |
When the Minister of Land, Infrastructure and Transport (if the State is a project implementer) or the head of a local government formulates an implementation plan pursuant to paragraph (1) or the approval agency of implementation plans approves an implementation plan pursuant to paragraph (2), he/she or it shall first consult thereon with the heads of relevant administrative agencies. <Amended by Act No. 11448, May 23, 2012; Act No. 11690, Mar. 23, 2013> |
| (4) |
When the Minister of Land, Infrastructure and Transport (if the State is a project implementer) or the head of a local government formulates an implementation plan pursuant to paragraph (1) or the approval agency of implementation plans approves an implementation plan pursuant to paragraph (2), he/she or it shall publicly announce the formulation or approval of the project plan through the Official Gazette or the relevant official bulletin, and when the Minister of Land, Infrastructure and Transport or a Do Governor approves an implementation plan, he/she or it shall forward relevant documents to the Special Metropolitan City Mayor, Metropolitan City Mayor, Mayor of a Special Self-Governing City, Governor of a Special Self-Governing Province or head of a Si/Gun having jurisdiction over the relevant project area. <Amended by Act No. 11448, May 23, 2012; Act No. 11690, Mar. 23, 2013> |
| (5) |
Paragraphs (2) through (4) shall apply mutatis mutandis to revisions to an implementation plan: Provided, That the foregoing shall not apply to any revision to insignificant matters prescribed by Presidential Decree. |
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| Article 15 (Constructive Authorization, Permission, etc. under other Acts) |
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| (1) |
When the State or any local government formulates an implementation plan pursuant to Article 14 (1) or the approval agency of implementation plans approves an implementation plan pursuant to Article 14 (2), the following approval, permission, authorization, or decision (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted, or made with regard to matters on which consultation with the heads of relevant administrative agencies has been completed under paragraph (3), whereas when the formulation or approval of an implementation plan is publicly announced pursuant to Article 14 (4), the authorization, permission, etc. shall be deemed publicly notified or announced pursuant to the following relevant Acts: <Amended by Act No. 9174, Dec. 26, 2008; Act No. 9758, Jun. 9, 2009; Act Nos. 9763 & 9770, Jun. 9, 2009; Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011; Act No. 11037, Aug. 4, 2011> |
| 1. |
A decision on an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act (limited to matters concerning the construction, improvement, or amelioration of infrastructure), permission to occupy and use a utility tunnel under Article 44 (4) of the aforesaid Act, permission for development acts under Article 56 of the aforesaid Act, designation of the implementer of an urban/Gun planning facility project under Article 86 of the aforesaid Act, or approval of an implementation plan under Article 88 of the aforesaid Act; |
| 7. |
A building permit granted under Article 11 of the Building Act, reporting on a building project under Article 14 of the aforesaid Act, permission for, or reporting on, construction of a temporary building under Article 20 of the aforesaid Act, consultation about construction of a public building under Article 29 of the aforesaid Act, or reporting on construction of a structure, such as a retaining wall, under Article 83 of the aforesaid Act; |
| 10. |
Permission to use or profit from any administrative property under Article 20 of the Public Property and Commodity Management Act; |
| 11. |
Permission for, or consultation about, the conversion of farmland under Article 34 of the Farmland Act, reporting on the conversion of farmland under Article 35 of the aforesaid Act, or permission for, or consultation about, the temporary use of farmland for any other purpose under Article 36 of the aforesaid Act; |
| (2) |
Any project implementer (excluding the State and local governments) who intends to be entitled to constructive authorization, permission, etc. shall submit relevant documents specified by relevant Acts and subordinate statutes together, when it files an application for approval of an implementation plan or any amendment thereto. |
| (3) |
When the Minister of Land, Infrastructure and Transport (referring to where the State is a project implementer) or the head of a local government formulates an implementation plan pursuant to paragraph 14 (1) or the approval agency of implementation plans approves an implementation plan pursuant to paragraph 14 (2), he/she or it shall consult thereon in advance with the head of a relevant central administrative agency, if the implementation plan includes a matter falling under any subparagraph of paragraph (1). In such cases, the head of the relevant central administrative agency shall present his/her opinion thereon within the period prescribed by Presidential Decree after receipt of a request for consultation. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 16 (Final Inspections) |
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| (1) |
Each project implementer (excluding the State and local governments) shall, upon completion of the relevant ubiquitous city construction project, receive a final inspection by the approval agency of implementation plans, as prescribed by Presidential Decree. |
| (2) |
The approval agency of implementation plans shall, if he/she affirms that a ubiquitous city construction project has been completed in accordance with the relevant implementation plan as a result of the final inspection, issue a final inspection certificate to the project implementer. |
| (3) |
When the State or a local government completes a ubiquitous city construction project or any project implementer under paragraph (1) has successfully passed a final inspection, inspection on, authorization for, reporting on, or confirmation of the completion of the relevant project shall be deemed to have been conducted, granted, or made in connection with the authorization or permission under each subparagraph of Article 15 (1). |
| (4) |
Matters concerning final inspections shall be prescribed by Presidential Decree in addition to the provisions of paragraphs (1) through (3). |
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| Article 17 (Special Cases for Approval of Project Plans) |
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| (1) |
Any project implementer shall be deemed to have formulated, or have obtained approval for, a project plan and an implementation plan in accordance with Articles 13 and 14, when it formulates, and obtains approval for, a development plan and an implementation plan in which the details of the project plan under Article 13 and the details of the implementation plan under Article 14 are included, while conducting another project under any other Act. |
| (2) |
Any project implementer shall be deemed to have successfully passed a final inspection in accordance with Article 16, when it receives the final inspection for the project under paragraph (1). |
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| Article 18 (Vesting of Ownership of Public Facilities) |
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| (1) |
Facilities established by a project implementer as part of ubiquitous city infrastructure, the ownership of which is determined to be gratuitously vested in accordance with the relevant implementation plan, shall be deemed public facilities, and Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the vesting of the ownership of such facilities. |
| (2) |
Except as otherwise expressly provided for in this Act or any other Act, public facilities referred to in paragraph (1) shall be managed by the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Mayor of a Special Self-Governing City, Governor of a Special Self-Governing Province or the head of a Si/Gun until such public facilities vest in the administration office upon the completion of establishment: Provided, That where the Special Metropolitan City Mayor or a Metropolitan City Mayor has had prior consultation with the head of a Gu (referring to the head of an autonomous Gu) having jurisdiction over the relevant district, the head of a Gu may manage such facilities. <Amended by Act No. 11448, May 23, 2012> |
| (3) |
Except as otherwise provided for in paragraphs (1) and (2), matters concerning the vesting of ownership and the management of public facilities shall be prescribed by Presidential Decree. |
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| Article 19 (Management, Operation, etc. of Ubiquitous City Infrastructure) |
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| (1) |
The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Mayor of a Special Self-Governing City, Governor of a Special Self-Governing Province or the head of a Si/Gun shall manage the ubiquitous city infrastructure, the administration office of which has not been designated by any other Act among ubiquitous city infrastructure. <Amended by Act No. 11448, May 23, 2012> |
| (2) |
If the administration office of any ubiquitous city infrastructure deems it necessary for the efficient management and operation of the ubiquitous city infrastructure, it may consult with another administration office of other facilities related to the relevant infrastructure to jointly manage and operate such ubiquitous city infrastructure. |
| (3) |
The administration office of any ubiquitous city infrastructure may entrust all or some of business affairs related to the management and operation of the ubiquitous city infrastructure to an institution prescribed by Presidential Decree among the institutions that have experts or an organization for the management and operation of ubiquitous city infrastructure, as prescribed by Presidential Decree. |
| (4) |
Other matters necessary for the efficient management and operation of ubiquitous city infrastructure shall be prescribed by Presidential Decree. |
| (5) |
The head of each local government may formulate the management and operation plan of ubiquitous city infrastructure under paragraphs (2) through (4), subject to consultation with the administration office of the ubiquitous city infrastructure. |
| (6) |
The head of a local government may prescribe matters concerning the formulation of the operation plan under paragraph (5) and other matters necessary for the management and operation of ubiquitous city infrastructure by ordinance of the local government. |
CHAPTER III-2 VITALIZATION OF UBIQUITOUS CITY SERVICES
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| Article 19-2 (Vitalizing Distribution of Information on Ubiquitous City Services) |
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| (1) |
The administration office of ubiquitous city infrastructure may provide a person who intends to process, utilize or distribute the information collected for ubiquitous city services with the relevant information: Provided, That this shall not apply to the information, the disclosure or leakage of which is prohibited by other Acts and subordinate statutes. |
| (2) |
The administration office of ubiquitous city infrastructure may collect charges where it provides information under paragraph (1). |
| (3) |
The Minister of Land, Infrastructure and Transport shall formulate policies to facilitate the distribution of information under paragraph (1) and to promote related industries. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11448, May 23, 2012]
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| Article 19-3 (Utilization, etc. of Ubiquitous City Infrastructure) |
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| (1) |
The administration office of ubiquitous city infrastructure may allow a person who intends to develop or enhance ubiquitous city services or ubiquitous city technologies to perform tests, etc. by utilizing ubiquitous city infrastructure at charge. |
| (2) |
The Minister of Land, Infrastructure and Transport may partially subsidize the expenses incurred by the administration office of ubiquitous city infrastructure in performing projects to develop or enhance ubiquitous city services or ubiquitous city technologies within budgetary limits. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11448, May 23, 2012]
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| Article 19-4 (Designation of Ubiquitous City Service Supporting Agencies) |
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| (1) |
In order to vitalize ubiquitous city services, the Minister of the Land, Infrastructure and Transport may designate a research institute, organization or corporation meeting the requirements prescribed by Presidential Decree in terms of experts, facilities, etc. as a ubiquitous city service supporting agency (hereinafter referred to as "supporting agency"). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A supporting agency shall perform following duties: |
| 1. |
Distribution of information on ubiquitous city services, and surveys and analyses of the status of distribution thereof; |
| 2. |
Quality certification for products and services related to ubiquitous cities; |
| 3. |
Research and development of ubiquitous city technologies; |
| 4. |
Support for standardization of ubiquitous cities; |
| 5. |
Training of and support for experts in ubiquitous cities. |
| (3) |
The Minister of Land, Infrastructure and Transport may fully or partially subsidize the expenses incurred by a supporting agency designated under paragraph (1) in performing the duties prescribed in paragraph (2) within budgetary limits. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
Where a supporting agency falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation or order to fully or partially suspend its duties within a period not exceeding six months: Provided, That the designation shall be revoked in cases falling under subparagraph 1: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Where it has obtained designation by fraudulent or other illegal means; |
| 2. |
Where it performs its duties not in compliance with the terms and conditions of designation; |
| 3. |
Where it fails to meet the requirements for designation referred to in paragraph (1). |
| (5) |
Matters necessary for standards and procedures for designation of supporting agencies and the revocation of designation thereof, operation of supporting agencies and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11448, May 23, 2012]
CHAPTER IV STANDARDS FOR UBIQUITOUS CITY TECHNOLOGIES AND PROTECTION OF INFORMATION, ETC.
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| Article 20 (Standards for Convergence Technologies) |
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| (1) |
The Minister of Land, Infrastructure and Transport may formulate and publicly announce the standards for convergence technologies of construction and information and communications (hereinafter referred to as "convergence technologies"), subject to consultation with the heads of the relevant central administrative agencies prescribed by Presidential Decree, such as the Minister of Security and Public Administration: Provided, That if the Korea Industrial Standards is already established pursuant to the Industrial Standardization Act with regard to any technology utilized in convergence technologies, such technology shall comply with the aforesaid Standards, and information and communications technologies utilized in convergence technologies shall comply with the standards prescribed by the head of each central administrative agency pursuant to the relevant Acts, while technologies related to transportation shall comply with the standards established for the standards of technologies related to transportation among convergence technologies pursuant to any other Act, if such standards exist. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Compatibility between ubiquitous cities and the expandability of convergence technologies shall be taken into consideration in establishing standards for convergence technologies pursuant to paragraph (1). |
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| Article 21 (Protection of Personal Information) |
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Personal information about individuals collected, used, provided, possessed, managed, and destroyed (hereinafter referred to as "handled") in the course of the management of a ubiquitous city and the provision of ubiquitous city services shall be handled lawfully and safely within the extent necessary, in compliance with relevant Acts and subordinate statutes.
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| Article 22 (Protection of Ubiquitous City Infrastructure) |
|
| (1) |
The Minister of Security and Public Administration shall designate the facilities prescribed by Presidential Decree, among ubiquitous city infrastructure facilities, as major information and communications infrastructure facilities in accordance with the standards and procedure provided for in Article 8 of the Act on the Protection of Information and Communications Infrastructure, subject to consultation with the head of the competent local government. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER V UBIQUITOUS CITY COMMITTEE, ETC.
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| Article 23 (Ubiquitous City Committee) |
|
| (1) |
There is hereby established a Ubiquitous City Committee (hereinafter referred to as the "Committee") under the jurisdiction of the Prime Minister to deliberate on the following matters concerning the construction, etc. of ubiquitous cities: |
| 1. |
Matters concerning comprehensive plans; |
| 2. |
Matters concerning ubiquitous city construction projects implemented by the State; |
| 3. |
Matters concerning the adjustment of opinions between the heads of central administrative agencies and the heads of local governments; |
| 4. |
Matters concerning the Government's support for the revitalization of ubiquitous cities; |
| 5. |
Matters tabled by the Committee chairperson to the Committee in relation to the construction, etc. of ubiquitous cities; |
| 6. |
Other important matters prescribed by Presidential Decree. |
| (2) |
The Committee shall be comprised of no more than 25 members, including one chairperson and three vice chairpersons. <Amended by Act No. 11448, May 23, 2012> |
| (3) |
The Prime Minister shall take the chair of the Committee, and the Minister of Science, ICT and Future Planning, the Minister of Security and Public Administration, and the Minister of Land, Infrastructure and Transport shall serve as vice chairpersons, while other Committee members shall consist of the following persons: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Persons commissioned by the Prime Minister from among those who have abundant knowledge about and experience in the construction, etc. of ubiquitous cities; |
| 2. |
The heads of the central administrative agencies prescribed by Presidential Decree and the Minister of the Office for Government Policy Coordination. |
| (4) |
Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the organization and operation of the Committee shall be prescribed by Presidential Decree. |
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| Article 24 (Council for Ubiquitous City Projects) |
|
| (1) |
The head of any local government who intends to promote a ubiquitous city construction project shall organize and operate a council for ubiquitous city projects (hereinafter referred to as the "Council") in order to deliberate on the following for the promotion of the project: |
| 1. |
Matters concerning the project plans and implementation plans; |
| 2. |
Matters concerning the schemes for the management and operation of ubiquitous city infrastructure facilities and for securing financial resources therefor; |
| 3. |
Matters concerning the transfer and acquisition of ubiquitous city infrastructure facilities; |
| 4. |
Other matters prescribed by Presidential Decree to facilitate the implementation of ubiquitous city projects. |
| (2) |
The Council shall be comprised of no more than 25 persons who fall under any of the following subparagraphs: <Amended by Act No. 11448, May 23, 2012> |
| 1. |
Pubic officials from relevant administrative agencies; |
| 2. |
Public officials from the local government; |
| 3. |
The project implementer; |
| 4. |
Experts in urban planning or information and communications; |
| 5. |
Residents in the region where a ubiquitous city construction project is implemented; |
| 6. |
Experts in ubiquitous city services. |
| (3) |
Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the organization and operation of the Council shall be prescribed by ordinance of a local government. |
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| Article 25 (Grant of Subsidies or Loans) |
|
| (1) |
The State may grant subsidies or loans, from the budget, for part of the costs of a ubiquitous city construction project implemented by any local government, as prescribed by Presidential Decree. |
| (2) |
The State or any local government may grant subsidies or loans for part of the costs of a ubiquitous city construction project implemented by any person, other than the State or a local government, as prescribed by Presidential Decree. |
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| Article 26 (Research and Development) |
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The State and each local government may promote the following projects for the development of ubiquitous city technologies and the enhancement of the level of technologies:
| 1. |
Research and development of ubiquitous city technologies and transfer and distribution of such technologies; |
| 2. |
Joint research and development with industries, academics, and research institutes; |
| 3. |
International cooperation and exchange for research of ubiquitous city technologies; |
| 4. |
Enhancement of competitiveness of small and medium enterprises in ubiquitous city technologies. |
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| Article 27 (Raising Professional Human Resources) |
|
| (1) |
The State and each local government may support the following activities in order to systematically foster professional human resources necessary for the construction, etc. of ubiquitous cities: |
| 1. |
Training of professional human resources for ubiquitous cities; |
| 2. |
Development and distribution of educational programs for ubiquitous cities. |
| (2) |
The State and each local government may, if necessary for supporting activities under paragraph (1), designate an institution or organization involved in training of professional human resources for ubiquitous cities as a cooperation institution. |
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| Article 28 (Designation of Model Ubiquitous Cities) |
|
| (1) |
The Minister of Land, Infrastructure and Transport may designate model ubiquitous cities, with consultation with the heads of relevant central administrative agencies and the heads of local governments, in order to facilitate the construction, etc. of ubiquitous cities, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Land, Infrastructure and Transport may provide administrative, financial or technical support necessary to model ubiquitous cities designated pursuant to paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases for Formulation of Ubiquitous City Plans)
| (1) |
Notwithstanding the proviso to Article 8 (1), a ubiquitous city construction project may be implemented without necessarily having a ubiquitous city plan formulated pursuant to Article 8, if a project already approved by the Minister of Land, Transport and Maritime Affairs pursuant to Article 4 of the Addenda is in progress, or if a project implementer has already executed an agreement with the head of Si/Gun having jurisdiction over the project area in order to promote a ubiquitous city construction project, at the time this Act enters into force and if the Minister of Land, Transport and Maritime Affairs approves the project at the request of the head of Si/Gun. |
| (2) |
Where it is intended to implement a ubiquitous city construction project pursuant to paragraph (1), the approval agency of project plans under Article 13 (2) shall consult in advance with the Minister of Land, Transport and Maritime Affairs with regard thereto (excluding where a project already approved by the Minister of Land, Transport and Maritime Affairs pursuant to Article 4 of the Addenda is in progress), and the head of Si/Gun having jurisdiction over the project area shall, when he/she reorganize or revise the basic urban plan under the National Land Planning and Utilization Act for the first time after this Act enters into force, reflect the details of the relevant project plan in the basic urban plan. |
Article 3 (Transitional Measure concerning Ubiquitous City Plans)
Any plan already formulated with details similar to those of a ubiquitous city plan at the time this Act enters into force shall be deemed a ubiquitous city plan formulated pursuant to Articles 8 through 10, if the plan is approved by the Minister of Land, Transport and Maritime Affairs at the request of the head of Si/Gun
having jurisdiction over the project area.
Article 4 (Transitional Measure concerning Ubiquitous City Construction Projects)
Any project already in progress at the time this Act enters into force in accordance with a project plan formulated with details similar to those of the project plan under Article 13 and the implementation plan under Article 14 for an area of a scale equivalent to or larger than the scale under Article 3 shall be deemed a ubiquitous city construction project implemented pursuant to this Act, if the project is approved by the Minister of Land, Transport and Maritime Affairs at the request of the head of Si/Gun
having jurisdiction over the project area.
Article 5 Omitted.
ADDENDA <Act No. 9174, Dec. 26, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9705, May 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11448, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Consultation on Ubiquitous City Construction Project Plans)
The amended provisions of Article 13 (3) shall apply beginning with the first ubiquitous city construction project plan to be formulated or approved after this Act enters into force.
Articles 3 (Applicability to Consultation on Implementation Plans of Ubiquitous City Construction Projects)
The amended provisions of Article 14 (3) shall apply beginning with the first implementation plan of a ubiquitous city construction project to be formulated or approved after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
