Framework Act On Building


Published: 2013-03-23

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to people leading a healthy life and to enhancing the welfare thereof through the promotion of architectural culture by determining responsibilities concerning architecture of the State, local governments and people and by prescribing the establishment, implementation, etc. of architectural policies.
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 Article 2 (Basic Concept)   print
The basic concept of this Act is to realize the public value of architecture in the following subparagraphs through the collective efforts of the State, local governments and people:
1. Construction of living space directly related with the safety, health and welfare of the people;
2. Construction of spatial environment that coordinates and admits diverse demand of the society, and becomes the basis of economic activities;
3. Creation and construction of cultural space that reflects the characteristic mode of living of provinces and shall be inherited to future generations.
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 Article 3 (Definitions)   print
The definitions of terms used in this Act are as follows:
1. The term "buildings" means structures with roofs and pillars or walls, which are fixed on the land, and facilities annexed thereto;
2. The term "spatial environment" means spatial structures, public space and landscaping formed by buildings;
3. The term "public space" means space, such as streets, parks, plazas, etc., and facilities annexed thereto and used by the public;
4. The term "architectural design" means activities of planning, designing, and improving buildings and spatial environments in order to materialize the publicness of architecture by constructing buildings with excellence in elegance and quality, and spatial environments;
5. The term "elegance" means appropriateness which can create a sense of purpose and the identity of provinces through relationship with surroundings, scale, shape, structure, material, level of construction, etc.;
6. The term "quality" means objective capabilities, such as safety, hygiene, function, pleasantness, conservation of resources, recycling, etc.;
7. The term "architecture" means planning, design, construction and maintenance of buildings and spatial environments.
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 Article 4 (Duties of State and Local Governments)   print
(1) The State shall establish and implement a comprehensive architectural policy in order to construct buildings and spatial environment with excellence in elegance and quality, and local governments shall establish and implement architectural policies conforming to the national architectural policy, which corresponds with the actual circumstances of the provinces.
(2) Where the State, local governments or public institutions under the Act on the Management of Public Institutions (hereinafter referred to as "public institutions") place an order directly or become a client of construction, they shall endeavor to take the lead in the excellent architectural design.
(3) The State and local governments shall endeavor to activate necessary education and publicity campaigns in order to raise people's understanding of architecture.
(4) The State and local governments shall endeavor to develop specialized knowledge in the field of architecture and to cultivate specialized manpower therein.
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 Article 5 (Responsibilities of People)   print
(1) People shall endeavor to actively participate in and cooperate with architectural policies implemented by the State and local governments.
(2) Clients of construction and order placers shall select designers, builders, etc. in accordance with impartial standards and procedures, pay proper remuneration, and owners and managers shall maintain and manage buildings and spatial environment so that the public value of architecture under Article 2 is embodied straightforward.
(3) Specialists in architecture shall develop specialized knowledge and, on the basis thereof, assist people in understanding architecture in an independent and impartial position, and endeavor to materialize the public value of architecture.
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 Article 6 (Relationship with other Acts)   print
Where the State intends to enact or amend other Acts concerning architecture, it shall be consistent with the purpose and basic concept of this Act.
CHAPTER II BASIC DIRECTION OF ARCHITECTURAL POLICY
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 Article 7 (Materialization of Living Spatial Publicness of Architecture)   print
(1) The State and local governments shall take measures necessary to safely construct buildings and spatial environment and to continuously maintain such safety level in preparation for all kinds of disasters.
(2) The State and local governments shall take necessary measures so that buildings and spatial environment are constructed, paying regard to the health of users and to the use by the disabled persons, aged persons feeble persons, pregnant women, etc. from the planning or designing stage.
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 Article 8 (Procurement of Social Publicness of Architecture)   print
(1) The State and local governments shall establish and implement architectural policies which can meet the various needs of people and multidimensional culture, and actively cope with changes in the demand for culture and in technology in society in the future.
(2) The owners or managers of buildings shall manage buildings and spatial environments to be constructed as a social and economic asset which is inherited to future generations, and the value thereof to be strengthened continuously.
(3) When the owners or managers of buildings construct and use buildings and spatial environments, they shall harmonize such buildings and spatial environments with the nature by minimizing impact on the environment and by promoting the reuse and recycling of resources in the process, etc.
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 Article 9 (Materialization of Cultural Publicness of Architecture)   print
(1) The owners or managers of buildings shall endeavor to increase the cultural value of buildings throughout the process of constructing and using buildings and spatial environment.
(2) The creativity of related specialists shall be respected in order to elevate cultural and industrial competitiveness of buildings and spatial environment.
(3) The State and local governments shall devise necessary measures to ensure buildings and spatial environments are constructed in conformity with the climate, history or the environment of the provinces based on the participation of the residents of such provinces.
(4) The State and local governments shall devise necessary measures to preserve characteristic architectural heritage of the provinces and to ensure new buildings and spatial environment harmonize and balance with the existing spatial environment.
(5) The State and local governments shall endeavor to elevate the reliability of architectural policies, such as monitoring architectural policies implemented respectively and assessing policy outcomes, etc.
CHAPTER III ESTABLISHMENT OF ARCHITECTURAL POLICY
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 Article 10 (Establishment of Basic Plans for Architectural Policy)   print
(1) The Minister of Land, Infrastructure and Transport shall establish and implement a basic plan concerning architectural policy (hereinafter referred to as "basic plan for architectural policy") every five years. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) When the Minister of Land, Infrastructure and Transport intends to establish or modify a basic plan for architectural policy, he/she shall consult with the heads of related central administrative agencies, gather opinions at public hearings, etc., and determine it after deliberation of the Presidential Commission on Architecture Policy under Article 13 and a report to the President. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Where insignificant matters are proposed for modification in the basic plan for architectural policy, procedures under paragraph (2) may be omitted.
(4) When the Minister of Land, Infrastructure and Transport intends to prepare a basic plan for architectural policy, he/she may request the heads of related central administrative agencies, Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors") to submit a plan under their jurisdiction concerning policies, projects, etc. to be reflected in the basic plan for architectural policy, and the heads of related central administrative agencies and Mayors/Do Governors shall comply therewith unless any extraordinary ground exists to the contrary. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) When a basic plan for architectural policy has been determined, the Minister of Land, Infrastructure and Transport shall publish important details thereof in the Official Gazette without delay and deliver them to the heads of related central administrative agencies and Mayors/Do Governors. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) Matters necessary for the establishment, implementation, modification, etc. of the basic plan for architectural policy shall be prescribed by Presidential Decree.
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 Article 11 (Details of Basic Plan for Architectural Policy)   print
The basic plan for architectural policy shall contain the following matters:
1. Matters concerning the present status, changes in circumstances and prospect of architecture;
2. Matters concerning the basic objectives and direction of promotion of architectural policy;
3. Matters concerning the improvement of elegance and quality of architecture;
4. Matters concerning integrated architectural design for the improvement of urban landscape;
5. Measures for development of and assistance to architecture in the provinces;
6. Matters concerning research and development, such as excellent design technique and ultramodern buildings, etc.;
7. Matters concerning the fostering, assistance and management of specialized manpower in the field of architecture;
8. Matters concerning the improvement of international competitiveness in architecture, such as architectural design, etc.;
9. Matters concerning the construction of foundation for architectural culture;
10. Matters concerning the development and distribution of technology related to architecture and concerning leading pilot projects;
11. Matters necessary for the implementation of basic plan for architectural policy and for the promotion of architecture prescribed by Presidential Decree.
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 Article 12 (Establishment of Basic Plans for Provincial Architecture)   print
(1) For an architectural policy corresponding with the present situation of the provinces and the actual social, economic and cultural circumstances, Mayors/Do Governors shall establish and implement a basic plan concerning architectural policy (hereinafter referred to as "basic plan for Metropolitan architecture") of Special Metropolitan City, Metropolitan Cities, Dos or Special Self-Governing Province (hereinafter referred to as "City/Do") in accordance with the basic plan for architectural policy every five years, and the heads of Sis, Guns and Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply ) may, if necessary, establish and implement a basic plan concerning architectural policy (hereinafter referred to as "basic plan for Municipal architecture") of Sis, Guns and Gus (referring to autonomous Gus; hereinafter the same shall apply ) in accordance with the basic plan for architectural policy and the basic plan for Metropolitan architecture every five years.
(2) Where basic plans for Metropolitan architecture or basic plans for Municipal architecture (hereinafter referred to as "basic plans for provincial architecture") are established or modified, the Mayors/Do Governors or the heads of Sis/Guns/Gus shall gather opinions through public hearings, etc. and hear the opinions of the relevant local councils, and determine them after deliberation by the City/Do architectural policy commission or Si/Gun/Gu architectural policy commission under Article 18.
(3) Where insignificant matters prescribed by Municipal Ordinances of local governments as prescribed by Presidential Decree among the basic plans for provincial architecture are proposed for modification, procedures under paragraph (2) may be omitted.
(4) Where Mayors/Do Governors or the heads of Sis/Guns/Gus establish or modify basic plans for provincial architecture as prescribed in paragraph (1), they shall report the fact to the Minister of Land, Infrastructure and Transport without delay: Provided, That the heads of Sis/Guns/Gus establish or modify basic plans for Municipal architecture, they shall report the fact to the Minister of Land, Infrastructure and Transport through the relevant Mayor/Do Governor. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) Matters necessary for the establishment, implementation, modification, etc. of basic plans for provincial architecture shall be prescribed by Presidential Decree.
CHAPTER IV ARCHITECTURAL POLICY COMMISSION
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 Article 13 (Presidential Commission on Architecture Policy)   print
(1) In order to deliberate on important policies concerning the field of architecture, to coordinate architectural policies of related Ministries and to implement other matters prescribed by this Act, a national commission on architectural policy shall be established under the jurisdiction of the President.
(2) The national commission on architectural policy under paragraph (1) (hereinafter referred to as "Presidential Commission on Architecture Policy") shall be composed of 30 or less members including one chairman.
(3) The chairman shall be appointed from among its members by the President, and persons in the following subparagraphs shall become its members:
1. Heads of central administrative agencies prescribed by Presidential Decree;
2. Persons commissioned by the President from among persons with abundant knowledge and experience in the field of architecture.
(4) The Presidential Commission on Architecture Policy may establish and operate subcommittees in order to professionally implement administrative affairs under its jurisdiction.
(5) Matters necessary for the term of members, operation of the Presidential Commission on Architecture Policy and subcommittees, etc. shall be prescribed by Presidential Decree.
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 Article 14 (Function of Presidential Commission on Architecture Policy)   print
The Presidential Commission on Architecture Policy shall deliberate on matters in the following subparagraphs:
1. Establishment and coordination of architectural policies, including the basic plan for architectural policy;
2. Assistance to important projects concerning the development of architectural field;
3. Matters concerning the improvement of architectural administration;
4. Matters concerning the promotion of cultural events regarding architecture;
5. Matters concerning the expansion of opportunities to enjoy architectural culture of people;
6. Matters concerning the establishment of standards for architectural design under Article 21 (1) and (2);
7. Matters concerning investigation, research and development concerning architecture;
8. Other matters that the chairman raises for discussion concerning architectural policies.
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 Article 15 (Report on Architectural Policies to National Assembly)   print
(1) The Minister of Land, Infrastructure and Transport shall prepare a report on the establishment, implementation, etc. of important policies concerning architecture after hearing the opinions of the Presidential Commission on Architecture Policy, and submit it to the relevant standing committee of the National Assembly every two years. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The report under paragraph (1) shall contain the following matters:
1. Matters concerning the establishment, implementation, results, etc. of basic plans for architectural policy;
2. Prospect of changes in architectural environment in society in the future and measures therefor;
3. Matters concerning measures, projects, etc. to promote architectural culture;
4. Matters concerning succession to provincial climate and tradition in order to promote architectural environment and culture;
5. Matters concerning the internationalization of architectural system, standards, etc.;
6. Matters concerning the strengthening of industrial competitiveness, such as the development of architectural technology and architectural design, cultivation of specialized manpower, etc.;
7. Other important matters concerning architecture.
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 Article 16 (Basic Investigation into Architecture)   print
(1) When necessary for deliberation on matters under the subparagraphs of Article 14, preparation of reports under Article 15 (1), etc., the Minister of Land, Infrastructure and Transport may investigate into matters prescribed by Presidential Decree, such as all kinds of statistics on architecture, present status of buildings, degree of understanding of architecture, level of expectations for architecture, other necessary data in connection with the subparagraphs of Article 15 (2), etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport may request the heads of central administrative agencies or heads of local governments to submit data necessary for investigation or to directly investigate into some of the matters of investigation under paragraph (1). In such cases, the heads of central administrative agencies or heads of local governments who have been requested shall comply therewith unless any extraordinary ground exists to the contrary. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 17 (Task Force)   print
(1) In order to handle the administrative affairs of the Presidential Commission on Architecture Policy, a task force shall be established under the Presidential Commission on Architecture Policy.
(2) Where necessary for the implementation of duties, the Presidential Commission on Architecture Policy may request related administrative agencies, related institutions, juristic persons, organizations, etc. to dispatch public officials, executives and employees under their jurisdiction, or to make them concurrently take office.
(3) Matters necessary for the composition and operation of task force shall be prescribed by Presidential Decree.
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 Article 18 (Provincial Commissions on Architecture)   print
(1) In order to deliberate on important policies on the architectural field of the provinces and to implement matters prescribed by this Act, City/Do commissions on architecture policy (hereinafter referred to as "Metropolitan commission on architecture policy") may be established under the jurisdiction of Mayors/Do Governors, and Si/Gun/Gu commissions on architecture policy may be established under the jurisdiction of the heads of Sis/Guns/Gus (hereinafter referred to as "Municipal commission on architecture policy").
(2) Matters necessary for the composition and organization of Metropolitan commissions on architecture policy and Municipal commissions on architecture policy (hereinafter referred to as "provincial commission on architecture policy") and for the operation of commissions shall be prescribed by Municipal Ordinances of the relevant local governments: Provided, That where relevant commissions prescribed by Presidential Decree have been already established in the relevant local governments, they may be made to function on behalf of the provincial commissions on architecture policy, as prescribed by Municipal Ordinance.
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 Article 19 (Function of Provincial Commission on Architecture Policy)   print
The provincial commissions on architecture policy shall conduct administrative affairs concerning matters in the following subparagraphs:
1. Matters concerning the establishment and implementation of basic plan for provincial architecture of the relevant provinces;
2. Matters concerning the improvement of architectural administration of the relevant provinces;
3. Matters concerning the projects and activities for the construction of foundations for architectural culture.
CHAPTER V PROMOTION OF ARCHITECTURAL CULTURE
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 Article 20 (Financial Assistance for Promotion of Architectural Culture)   print
In order to improve buildings and spatial environments and to promote architectural culture, the Minister of Land, Infrastructure and Transport may render financial assistance, such as subsidies from National Treasury, etc., to projects in the following subparagraphs after consultation with the Minister of Culture, Sports and Tourism and the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Establishment and operation of facilities concerning architectural culture;
2. Projects concerning architectural culture, such as publication, exhibitions, festivals, etc.;
3. Education to increase understanding of architecture of people;
4. Overseas expansion and international exchange concerning architecture;
5. Establishment of standards for architectural design under Article 21;
6. Pilot projects of architectural design under Article 22;
7. Other projects prescribed by Presidential Decree for the promotion of architectural culture.
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 Article 21 (Establishment of Standards for Architectural Design)   print
(1) The Minister of Land, Infrastructure and Transport may establish standards for architectural design (excluding public space) after consultation with the Minister of Trade, Industry and Energy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport may establish standards for architectural design of public space after consultation with Minister of Culture, Sports and Tourism and the Minister of Trade, Industry and Energy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The Mayors/Do Governors or the heads of Sis/Guns/Gus may prescribe separate standards for architectural design for provinces within the extent of standards under paragraphs (1) and (2).
(4) The heads of local governments may recommend the owners and managers of buildings or facilities in spatial environment and the heads of public institutions to comply with the standards for architectural design under the provisions of paragraphs (1) through (3).
(5) Matters necessary for the establishment of standards for architectural design under the provisions of paragraphs (1) through (3) shall be prescribed by Presidential Decree.
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 Article 22 (Implementation of Pilot Project for Architectural Design)   print
(1) In order to increase public interest and to strengthen the competitiveness of architectural design, the heads of central administrative agencies, Mayors/Do Governors or heads of Sis/Guns/Gus may designate projects in the following subparagraphs as pilot projects:
1. Projects implemented by public institutions;
2. Development and readjustment projects that improve architectural design;
3. Projects ordered by civilians, which are prescribed by Presidential Decree.
(2) The heads of central administrative agencies, Mayors/Do Governors or heads of Sis/Guns/Gus may assist pilot projects under paragraph (1) through financial assistance, etc.
(3) Matters necessary for the procedures of designation, application of standards for architectural design, financial assistance, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
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 Article 23 (Participation of Civilian Specialists)   print
(1) When the heads of central administrative agencies and heads of local governments process civil petitions concerning architecture, implement invitation to design competition or urban development projects, etc., they may entrust civilian specialists and have them proceed and coordinate part of the relevant duties.
(2) Matters necessary for the qualifications of civilian specialists under paragraph (1), extent of duties, remuneration, etc. shall be prescribed by Presidential Decree.
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 Article 24 (Implementation of Invitation to Design Competitions)   print
In order to select excellent designs for buildings and spatial environment, the State, local governments and public institutions shall endeavor to implement invitations to participate in design competitions.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.