CHAPTER Ⅰ GENERAL PROVISIONS
law view
| Article 1 (Purpose) |
 |
The purpose of this Act is to contribute to the balanced development of the State and the provinces by prescribing matters concerning the building of cities and support thereto following the relocation of the offices of Do governments (hereinafter referred to as "Do government office") and public institutions in order to settle discrepancy between the locations of Do government offices and their jurisdiction among upper-tier local governments.
law view
| Article 2 (Definitions) |
|
The terms used in this Act shall be defined as follows:
| 2. |
The term "relocating institution" means a public institution prescribed in subparagraph 1 which has the whole or part of a Do promoting the relocation of aDo government office as its jurisdiction, and agrees with the competent Do Governor to relocate to a new city to which the Do government office relocates; |
| 3. |
The term "new city for relocation a Do government office" means a new city built after being designated pursuant to Article 6 or its development plan is approved pursuant to Article 13 (1); |
| 4. |
The term "district to be developedas a new city for relocation of a Do government office" means a district designated and publicly notified pursuant to Article 6 in order to implement a development project of a new city for relocation of a Do government office; |
| 5. |
The term "development project of a new city for relocation of a Do government office" means a project implemented to build, etc. a new city through the relocation of a Do government office; |
| 6. |
The term "previous real estate" means buildings of relocating institutions and ground on which such buildings stand. |
law view
| Article 3 (Basic Ideas and Responsibilities) |
|
| (1) |
The State and local governments shall make the result of building a new city for relocation of a Do government office affect the surrounding cities, and thus contribute to balanced regional development, and endeavor to create a high quality living environment, such as public administration, dwelling, education and culture by supporting relocating institutions. |
| (2) |
The State and local governments shall procure budget necessary to build a new city for relocation of Do government office and for support therefor being promoted for balanced national development and establish and implement relevant policies. |
law view
| Article 4 (Subsidization from the State) |
|
The State may subsidize some expenses, etc. incurred in building newDo government offices for relocation of Do government offices.
law view
| Article 5 (Relationship with other Acts) |
|
Exceptions to control pursuant to this Act applicable to districts to be developed as new cities for relocation of Do government offices and to development projects of new cities for relocation of Do government offices shall apply in preference to other Acts: Provided, That where any other Act stipulates more lenient provisions than those of this Act, such provisions of any other Act shall apply.
CHAPTER Ⅱ DESIGNATION, ETC. OF NEW CITIES FOR RELOCATION OF DO GOVERNMENT OFFICES
law view
| Article 6 (Procedures, etc. for Designating Districts to be Developed as New Cities for Relocation of Do Government Offices) |
|
| (1) |
Where a Do Governor develops a new city by relocating a Do government office, he/she shall designate a district to be developedas a new city for relocation of a Do government office. |
| (2) |
Where a Do Governor designates a district to be developedas a new city for relocation of a Do government office pursuant to paragraph (1), he/she shall hear the opinion of the head of the competent local government and consult with the heads of relevant central administrative agencies, and undergo deliberation by the Building Committee for New Cities for Relocation of Do Government Officesunder Article 27. The same shall also apply to any modification to the designated district to be developed as a new city for relocation of a Do government office. |
| (3) |
When a Do Governor consults with the heads of relevant central administrative agencies about the designation of a district to be developedas a new city for relocation of a Do government office pursuant to paragraph (2), he/she shall consult about a strategic environmental impact assessment prescribed in Articles 9 and 16 of the Environmental Impact Assessment Act. <Amended by Act No. 10892, Jul. 21, 2011> |
| (4) |
When a Do Governor designates a district to be developedas a new city for relocation of a Do government office or makes modification theretopursuant to paragraph (2), he/she shall hear opinions of residents, relevant specialists, etc., as prescribed by municipal ordinance. |
| (5) |
Other necessary matters, such as procedures for designating a district to be developedas a new city for relocation of a Do government office, required documents, etc. shall be prescribed by municipal ordinance. |
| (6) |
Where a Do Governor designates a district to be developedas a new city for relocation of a Do government office or makes modification thereto pursuant to paragraph (2), he/she shall publish the following matters in the Official Gazette, and send copies of relevant documents to the head of the competent local government. In such cases, the head of the competent local government shall allow residents to peruse such documents: |
| 1. |
Title, purpose and implementer of a development project of a new city for relocation of a Do government office; |
| 2. |
Location and size of a district to be developedas a new city for relocation of a Do government office; |
| 3. |
Detailed lists of land, buildings and other rights to be expropriated or used; |
law view
| Article 7 (Rescission of Designation of Districts to be Developed as New Cities for Relocation of Do Government Offices) |
|
| (1) |
Where a district to be developed as a new city for relocation of a Do government office designated pursuant to Article 6 (1) falls under any of the following subparagraphs, a Do Governor may rescind the designation after deliberation by the Building Committee for New Cities for Relocation of Do Government Offices prescribed in Article 27: |
| 1. |
Where the implementer of a development project of a new city for relocation of a Do government office prescribed in Article 12 (1) fails to file an application for approval for a development plan for a new city for relocation of Do government office prescribed in Article 13 within two years from the date a district to be developed as a new city for relocation of a Do government office is designated pursuant to Article 6 (1); |
| 2. |
Where the implementer of a development project of a new city for relocation of a Do government office prescribed in Article 12 (1) fails to file an application for approval for an implementation plan for a development project of a new city for relocation of a Do government office prescribed in Article 14 within three years from the date a development plan for a new city for relocation of Do government office is approved pursuant to Article 13. |
| (2) |
Where a Do Governor rescinds the designation of a district to be developed as a new city for relocation of a Do government office pursuant to paragraph (1), he/she shall publish the details in the Official Gazette, as prescribed by municipal ordinance. |
law view
| Article 8 (Restrictions on Acts, etc.) |
|
| (1) |
A person who intends to do an act, such as construction of buildings (referring to the construction of buildings prescribed in Article 2 (1) of the Building Act and modification of use thereof), installation of structures, change of land shape and quality, collection of earth and stones, dividing land, piling up articles, and planting bamboos and trees within a district to be developedas a new city for relocation of a Do government office shall obtain permission from the head of the competent local government. The same shall also apply to any modification to permitted matters. |
| (2) |
Any of the following acts may be done without obtaining permission, notwithstanding paragraph (1): |
| 1. |
An act done for emergency measures necessary for disaster restoration or accident settlement; |
| 2. |
Other acts prescribed by municipal ordinance. |
| (3) |
A person who has already started construction or a project with regard to an act, which requires permission as prescribed in paragraph (1), for which permission was obtained or was unnecessary in accordance with relevant Acts and subordinate statutes as at the time a districtto be developedas a new city for relocation of a Do government office was designated and announced may continue such construction or project after filing a report to the head of the competent local government, as prescribed by municipal ordinance. |
| (4) |
The head of the competent local government may issue a reinstatement order to a person who violates paragraph (1). In such cases, where the person in receipt of the order fails to comply with such order, the head of the competent local government may perform it on behalf of him/her, as prescribed by the Administrative Vicarious Execution Act. |
law view
| Article 9 (Establishment of Relocation Plans) |
|
| (1) |
The head of a relocating institution shall establish a relocation plan stating the following matters: |
| 1. |
Matters concerning the scale and scope of relocation; |
| 2. |
Matters concerning timing for relocation; |
| 3. |
Matters concerning measures for funding relocation expenses; |
| 4. |
Other matters necessary for relocation. |
| (2) |
Relocation plans prescribed in paragraph (1) shall be established with a purpose of relocating the head office, principal office or organization for performing such functions. |
| (3) |
Where the head of a relocating institution establishes a relocation plan pursuant to paragraph (1), he/she shall submit the plan to the head of the competent administrative agency. The same shall also apply to any modification to such plan. |
law view
| Article 10 (Movement of Relocating Institutions) |
|
Relocating institutions shall move to a new city for relocation of a Do government office according to the relocation plan prescribed in Article 9.
law view
| Article 11 (Establishment of Relocation Support Plans) |
|
| (1) |
The head of a Si or Gun of the area to which a relocating institution moves shall hear the opinions of the relocating institution and establish a relocation support plan stating support to the relevant relocating institution and affiliated staff. |
| (2) |
Where the head of a Si or Gun establishes a relocation support plan, he/she shall submit it to a Do Governor and the Do Governor shall establish a relocation support plan for the relocation of a Do government office based on such relocation support plan. |
law view
| Article 12 (Designation, etc. of Project Implementers) |
|
| (1) |
A Do Governor shall designate an implementer of a development project of a new city for relocation of a Do government office among the following persons: |
| 1. |
The State or local governments; |
| (2) |
Where it is necessary to efficiently implement a development project of a new city for relocation of a Do government office, the implementer of such development project prescribed in paragraph (1) (hereinafter referred to as "project implementer") may have a registered business operator prescribed in Article 9 of the Housing Act or a registered business operator prescribed in Article 9 of the Framework Act on the Construction Industry implement part of the development project of a new city for relocation of a Do government office, such as site creation works, on behalf of him/her, as prescribed by municipal ordinance. |
law view
| Article 13 (Approval, etc. of Development Projects) |
|
| (1) |
Where a project implementer implements a development project of a new city for relocation of a Do government office, he/she shall prepare a development plan for a new city for relocation of a Do government office (hereinafter referred to as "development plan") and obtain approval from the competent Do Governor, as prescribed by municipal ordinance. The same shall also apply to any modification to the approved development plans: Provided, That this shall not apply to any modification to insignificant matters prescribed by municipal ordinance. |
| (2) |
Development plans prescribed in paragraph (1) shall include the following matters: |
| 1. |
Name of a development project, and location and size of a district to be developed as a new city for relocation of a Do government office; |
| 2. |
Name and address of a project implementer and name of its representative; |
| 3. |
Period for implementing a development project of a new city for relocation of a Do government office; |
| 4. |
Plans for accommodating population, utilizing land, controlling traffic, conserving the environment and preventing disaster; |
| 5. |
Financing plans and annual investment plans; |
| 6. |
Plans for installing facilities for education, culture, sports, health, medical services and welfare, and family-friendly facilities; |
| 7. |
Where infrastructure is to be installed in an area outside of a district to be developed as a new city for relocation of a Do government office, plans for assuming expenses incurred in installing such facilities; |
| 8. |
Plans for installing (including plans for assuming expenses) principal infrastructure, such as roads, waterworks, sewerage and basic environmental facilities; |
| 9. |
Other necessary matters. |
| (3) |
Where a Do Governor intends to approve a development plan or any modification thereto, he/she shall hear the opinions of the head of the competent local government, as prescribed by municipal ordinance, and consult with the heads of relevant central administrative agencies, and undergo deliberation by the Building Committee for New Cities for Relocation of Do Government Offices prescribed in Article 27: Provided, That any modification to insignificant matters prescribed by municipal ordinance need not be deliberated by the Building Committee for New Cities for Relocation of Do Government Offices. |
| (4) |
Where a Do Governor approves a development plan pursuant to paragraph (1), he/she shall notify it in the Official Gazette as prescribed by municipal ordinance, and send the details to the head of relevant local government and allow residents to peruse such details. |
law view
| Article 14 (Approval, etc. of Implementation Plans) |
|
| (1) |
A project implementer shall prepare an implementation plan for the development project of a new city for relocation of a Do government office (hereinafter referred to as "implementation plan") accompanied by the following documents and drawings and obtain approval from the competent Do Governor. The same shall also apply to any modification to the approved implementation plans: Provided, That this shall not apply to any modification to insignificant matters prescribed by municipal ordinance: |
| 1. |
A funding plan (including annual investment plans and financing plans); |
| 2. |
A local map and a cadastral map of the area in which the project is to be implemented; |
| 3. |
A projected ground plan and basic design drawing; |
| 4. |
A phased construction plan (limited to cases in which phased implementation of a development project for a new city for relocation of Do government is necessary due to the conditions of the project); |
| 5. |
An agreement concluded with the head of the competent local government concerning the promotion, etc, of a development project of a new city for relocation of a Do government office; |
| 6. |
A disposition plan of land, buildings, structures, etc. to be created by a development project for a new city for relocation of Do government; |
| 7. |
Other matters prescribed by municipal ordinance. |
| (2) |
Implementation plans shall include district-unit planning prepared pursuant to Article 52 of the National Land Planning and Utilization Plan. <Amended by Act No. 10599, Apr. 14. 2011> |
| (3) |
Where a Do Governor intends to approve an implementation plan or any modification thereto pursuant to paragraph (1), he/she shall hear the opinion of the head of the competent local government: Provided, That if the project implementer has already consulted the head of the competent local government, his/her opinion shall be deemed heard. |
| (4) |
Where a Do Governor approves an implementation plan or any modification thereto pursuant to paragraph (1), he/she shall publish it in the Official Gazette, as prescribed by municipal ordinance, and send the copies of the relevant documents to the project implementer and the head of the competent local government. In such cases, the head of competent local government shall allow residents to peruse the details. |
law view
| Article 15 (Entry, etc. to other Persons' Land) |
|
| (1) |
Where it is necessary for designating a districtto be developedas a new city for relocation of a Do government office, conducting inspections or surveys to prepare, etc. a development plan or implementation plan, or for implementing a development project of a new city for relocation of a Do government office, a project implementer may enter land owned or occupied by another person or temporarily use such land as a materials storage yard, temporary passage, etc. and where it is particularly necessary, he/she may change or eliminate trees, earth, stones and other obstacles. |
law view
| Article 16 (Relevant Authorization, Permission, etc. Deemed Granted) |
|
| (1) |
When a Do Governor approves an implementation plan or any modification thereto, matters about which the Do Governor has consulted with the heads of relevant administrative agencies pursuant to paragraph (3) concerning the following permission, authorization, designation, approval, consultation, reporting, etc. (hereinafter referred to as "authorization, permission, etc.") for the implementation plan shall be deemed authorized, permitted, etc., and where the implementation plan is published pursuant to Article 14 (4), authorization, permission, etc. pursuant to the following Acts shall be deemed published or announced: <Amended by Act No. 9758, Jun. 9, 2009; Act No. 9763, Jun. 9, 2009; Act No. 9774, Jun. 9, 2009; Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14. 2011; Act No. 11352, Feb. 22, 2012> |
| 10. |
Permits to use and profit pursuant to Article 20 of the Public Property and Commodity Management Act; |
| (2) |
Where a project implementer who intends to be deemed granted authorization, permission, etc. files an application for approval of an implementation plan or modification thereto, he/she shall submit relevant documents prescribed by relevant Acts together with such application. |
| (3) |
In approving an implementation plan or modification thereto pursuant to Article 14 (1), a Do Governor shall consult in advance with the heads of relevant administrative agencies in advance if the details thereof include matters falling under any subparagraph of paragraph (1). |
| (4) |
The heads of relevant administrative agencies in receipt of a request for consultation by a Do Governor pursuant to paragraph (3) shall submit their opinions within 30 days from the date of receipt of such request. |
law view
| Article 17 (Expropriation and Use of Land, etc.) |
|
law view
| Article 18 (Measures of Support to Residents in Districts to be Developed) |
|
For residents living in a district to be developed, who lose their base of livelihood due to a development project of a new city for relocation of a Do government office, a Do Governor or project implementer shall establish and implement training for career change, support for income-making business and other support measures necessary for the resettlement of residents.
law view
| Article 19 (Installation, etc. of Infrastructure) |
|
| (2) |
The State or local governments may preferentially support the installation of infrastructure, etc. necessary for a new city for relocation of Do government office and relocating institutions to properly function. |
| (3) |
Matters necessary for institutions eligible for support, the scope, method, etc. of support pursuant to paragraph (2) shall be prescribed by municipal ordinance. |
law view
| Article 20 (Completion Inspections) |
|
| (1) |
Where a project implementer completes all or part of a development project of a new city for relocation of a Do government office, he/she shall, without delay, undergo a completion inspection conducted by a Do Governor, as prescribed by municipal ordinance. In such cases, the Do Governor shall consult with the heads of relevant administrative agencies concerning the conducting of the completion inspection. |
| (2) |
Where a project implementer undergoes a completion inspection as prescribed in paragraph (1), he/she shall be deemed to have undergone a completion inspection or have obtained authorization of completion, etc. for the relevant project according to the authorization, permission, etc. prescribed in any subparagraph of Article 16 (1). |
| (3) |
The head of a local government shall manage a district in which a development project of a new city for relocation of a Do government office is completed according to the district-unit planning included in the implementation plan published pursuant to Article 14 (4). <Amended by Act No. 10599, Apr. 14. 2011> |
law view
| Article 21 (Announcement of Completion of Construction Works) |
|
Where a development project of a new city for relocation of a Do government office is deemed completed in compliance with the implementation plan as a result of a completion inspection prescribed in Article 20 (1), a Do Governor shall issue a certificate of completion inspection and announce the completion of construction works.
law view
| Article 22 (Supply of Created Land, etc.) |
|
Where a project implementer supplies land, buildings, structures, etc. created by a development project of a new city for relocation of a Do government office (hereinafter referred to as "created land, etc.") and uncreated land (hereinafter referred to as "uncreated land"), procedures and standards for supply, etc. shall be as prescribed in Acts and subordinate statutes that are grounds for the relevant project, such as the Housing Site Development Promotion Act and the Urban Development Act.
law view
| Article 23 (Advance Payment) |
|
| (1) |
A project implementer may receive, in advance, all or some money from persons who intend to be supplied with or to use created land, etc. by a development project of a new city for relocation of a Do government office and uncreated land, as prescribed by municipal ordinance. |
| (2) |
A project implementer who intends to receive advance payment pursuant to paragraph (1) shall obtain approval from the competent Do Governor, as prescribed by municipal ordinance. |
law view
| Article 24 (Issuing Bonds Repaying with Land) |
|
| (1) |
In order to pay part of the purchase price of land, etc., a project implementer may issue bonds repaying the part of the purchase price of land, etc. with land created by a development project of a new city for relocation of a Do government office (hereinafter referred to as "bonds repaying with land"), as prescribed by municipal ordinance, if the owner of such land consents thereto. |
| (2) |
Where a project implementer issues bonds repaying with land pursuant to paragraph (1), he/she shall prepare a plan to issue bonds repaying with land and obtain approval from the competentDo Governor, as prescribed by municipal ordinance. |
| (3) |
Matters necessary for the procedures, methods, conditions, etc. for issuing bonds repaying with land shall be prescribed by municipal ordinance. |
law view
| Article 25 (Restrictions, etc. on Disposal of State or Public Land) |
|
| (1) |
The land owned by the State or local governments within a district to be developed as a new city for relocation of a Do government office, which is necessary for the said project, shall not be disposed of for any purpose other than those stipulated by the development plan. |
| (2) |
Property owned by the State or local governments within a district to be developed as a new city for relocation of a Do government office, which is necessary for the said project,may be disposed of to a project implementer through a negotiated contract, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act. In such cases, a Do Governor shall consult, in advance, with the heads of relevant administrative agencies concerning the discontinuance of use (limited to administrative property or conservation property) or disposal. |
| (3) |
Where a request for consultation is made pursuant to the latter part of paragraph (2), the heads of relevant administrative agencies shall take measures necessary for the consultation within 30 days from the date of receipt of such request. |
| (4) |
Where a local government sells or lends public property within a district to be developed as a new city for relocation of a Do government office to a project implementer, it may alleviate conditions, such as payment in long-term installments in consideration of development conditions, as prescribed by municipal ordinance. |
law view
| Article 26 (Exceptions to Establishment of Schools, etc. at Any Level) |
|
| (1) |
Where a project implementer intends to establish a school to nurture human resources appropriate for the characteristics of a new city for the relocation of a Do government office and improve an educational environment, he/she shall include a plan to establish a school in a development plan and an implementation plan. |
| (2) |
Where a Do Governor is to approve a development plan orimplementation plan which includes a plan to establish a school under paragraph (1), he/she shall consult in advance with a superintendent of the office of education. |
| (3) |
Where a project implementer files an application for approval of an implementation plan for a school facility project pursuant to Article 4 of the School Facilities Projects Promotion Act to implement a school installation project included in the development plan and the implementation plan approved after consultation prescribed in paragraph (2), a superintendent of the office of education shall examine it and grant approval. |
CHAPTER Ⅲ BUILDING COMMITTEE FOR NEW CITIES FOR RELOCATION OF DO GOVERNMENT OFFICES, ETC.
law view
| Article 27 (Building Committee for New Cities for Relocation of Do Government Offices) |
|
| (1) |
A Building Committee for New Cities for Relocation of Do Government Offices shall be established in a Do to deliberate on policies and important matters concerning a new city for relocation of a Do government office: |
| (2) |
A Building Committee for New Cities for Relocation of Do Government Offices shall deliberate on the following matters: |
| 1. |
Matters concerning basic policies and systems relating to a new city for relocation of a Do government office; |
| 2. |
Matters concerning the designation, modification and rescission of designation of a district to be developed as a new city for relocation of a Do government office; |
| 3. |
Matters concerning basic concepts of and development plans for a new city for relocation of a Do government office; |
| 4. |
Matters concerning implementation plans for a new city for relocation of a Do government office; |
| 5. |
Matters concerning modifications to specific use areas of land within a district to be developed as a new city for relocation of a Do government office; |
| 6. |
Matters concerning government support for inducing institutions, such as schools, research institutions and enterprises to move into a new city for relocation of a Do government office and for the improvement of cooperation among relocating institutions; |
| 7. |
Matters that a management committee of new cities for relocation of Do government offices prescribed in Article 28 requests to the Government for cooperation; |
| 8. |
Other matters a Do Governor refers to the committee for deliberation concerning a new city for relocation of a Do government office. |
| (3) |
The Building Committee for New Cities for Relocation of Do Government Offices shall have not more than 20 members, including two chairpersons. |
| (4) |
The following persons shall become the members of the Building Committee for New Cities for Relocation of Do Government Offices: |
| 1. |
Private members: Persons entrusted by a Do Governor from among persons with abundant specialized knowledge and experience in the field of new cities for relocation of Do government offices (including persons recommended by the head of the competent local government); |
| 2. |
Government members: Vice Ministers or administrators of the relevant central administrative agencies and Do Governors. |
| (5) |
A Do Governor and a person elected among members prescribed in paragraph (4) 1 shall become its chairpersons. |
| (6) |
Except as otherwise provided for in this Act, matters necessary for the organization and operation of the Building Committee for New Cities for Relocation of Do Government Offices shall be prescribed by municipal ordinance. |
law view
| Article 28 (Management Committee of New Cities for Relocation of Do Government Offices) |
|
| (1) |
A management committee of a new city for relocation of a Do government office shall be established in a Do to efficiently manage a new city for relocation of a Do government office. |
| (2) |
Matters necessary for the organization and operation of the management committee of a new city for relocation of a Do government office Act shall be prescribed by municipal ordinance. |
law view
| Article 29 (Relocation Promotion Body) |
|
| (1) |
A relocation promotion body (hereinafter referred to as "promotion body") may be established in a Do to efficiently promote the relocation of relocating institutions and development affairs of a new city for relocation of a Do government office. |
| (2) |
Matters necessary for the organization, operation, etc. of the promotion body shall be prescribed by municipal ordinance. |
CHAPTER Ⅳ UTILIZATION OF PREVIOUS REAL ESTATE
law view
| Article 30 (Inspection of Present State of Previous Real Estate) |
|
| (1) |
Where it is necessary to understand the ownership status, size, characteristics, surrounding conditions, possibility of sale or utilization, etc. of previous real estate, a Do Governor may conduct an inspection of present status. |
| (2) |
Relocating institutions shall actively comply with an inspection of present status under paragraph (1), and where submission of data, etc. concerning inspection of present status is requested, they shall comply with such request unless any extenuating circumstance exists. |
law view
| Article 31 (Establishment, etc. of Disposition Plans of Previous Real Estate) |
|
| (1) |
Relocating institutions shall establish a disposition plan of previous real estate, including the following matters in consideration of funding of the relocation expenses prescribed in Article 9 (1) 3, balanced regional development, etc.: |
| 1. |
Timing for and methods of selling previous real estate; |
| 2. |
Where all or part of previous real estate is not sold, a detailed reason and measures of utilizing such real estate. |
| (2) |
The head of a relocating institution shall consult with the head of the competent administrative agency on a disposition plan of previous real estate established pursuant to paragraph (1) and submit it to a Do Governor, and the Do Governor may request the head of relocating institution to correct or supplement the disposition plan of previous real estate, if necessary, after hearing the opinion of the head of the local government having jurisdiction over the location of previous real estate and consulting with the head of the competent administrative agency. In such cases, the head of the relocating institution shall comply with the request of the Do Governor unless any extenuating circumstance exists. |
| (3) |
A Do Governor shall establish a utilization plan of previous real estate purchased by a public institution upon hearing the opinion of the head of the competent local government having jurisdiction over the location of such previous real estate. |
| (4) |
Where it is necessary to reflect the utilization plan of previous real estate established pursuant to paragraph (3) in the urban/Gun management plan prescribed by the National Land Planning and Utilization Act, a Do Governor may request the relevant local government to reflect it. In such cases, the relevant local government shall reflect the details of the utilization plan of previous real estate in the urban/Gun management plan. <Amended by Act No. 10599, Apr. 14, 2011> |
CHAPTER Ⅴ SUPPORT, ETC. TO RELOCATING INSTITUTIONS, ETC.
law view
| Article 32 (Support, etc. to Relocating Institutions, etc.) |
|
| (1) |
A local government may subsidize or lend all or some relocation expenses, such as costs for constructing new offices of relocating institutions to such institutions, as prescribed by municipal ordinance. |
| (2) |
Where relocating institutions intend to construct houses for migrating staff, the State, a local government or project implementer may preferentially supply public housing site, and where dormitories for migrating staff are to be constructed, some of construction expenses may be financed from the National Housing Fund prescribed in Article 60 of the Housing Act. |
| (3) |
The State, a local government or project implementer may construct buildings to be used by relocating institutions and sell in lots or lease them. |
law view
| Article 33 (Establishment of Medical Institutions) |
|
Where a project implementer intends to establish and operate a medical institution in order to secure medical infrastructure in a new city for relocation of a Do government office, he/she shall include a plan to establish medical institutions in a development plan and an implementation plan.
law view
| Article 34 (Subsidization, etc.) |
|
| (1) |
The State and local governments may subsidize funds necessary for creating sites to be leased to corporations or organizations moving into a district to be developed as a new city for relocation of a Do government office and for establishing various convenience facilities, such medical facilities, educational facilities and houses. |
| (2) |
A local government may give reduction of or exemption from the rent of public property to a project implementer or moving-in corporations or organizations, as prescribed by municipal ordinance, notwithstanding the provisions of the Public Property and Commodity Management Act and other Acts. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
law view
| Article 35 (Measures for Stabilization of Price of Real Estate and Prevention of Disorderly Development) |
|
The Minister of Land, Transportation, Metropolitan City Mayors, Do Governors, heads of Sis/Guns/Gus (referring to the heads of autonomous Gus) shall take measures to stabilize the price of real estate in a district to be developed as a new city for relocation of a Do government office and surrounding areas.
law view
| Article 36 (Perusal of Documents, Provision of Data, etc.) |
|
| (1) |
Where it is necessary to implement a development project of a new city for relocation of a Do government office, a project implementer may request the heads of a registration office and other relevant administrative agencies for the perusal or duplication of necessary documents, or for the delivery of certified copy or abstract copy thereof free of charge, and request the heads of relevant administrative agencies or interested persons to provide data deemed necessary for the implementation of the development project. |
| (2) |
Persons in receipt of a request for provision of data as prescribed in paragraph (1) shall comply with such request unless any extenuating circumstance exists. |
law view
| Article 37 (Reporting, Examinations, etc.) |
|
| (1) |
Where it is deemed necessary to implement a development project of a new city for relocation of a Do government office, a Do Governor may require a project implementer to file a necessary report or submit data, and have affiliated public officials examine business duties concerning the development project of a new city for relocation of a Do government office. |
| (2) |
Any public official conducting an examination pursuant to paragraph (1) shall carry a certificate indicating his/her authority and produce it to interested persons. |
| (3) |
Matters necessary for certificates under paragraph (2) shall be prescribed by municipal ordinance. |
law view
| Article 38 (Administrative Disposition on Violators of Acts, etc.) |
|
| (1) |
A Do Governor may revoke designation, approval, etc. granted pursuant to this Act to any of the following persons, issue disposition, such as suspension of construction, remodeling or removing buildings, obstacles, etc., or other disposition on him/her, or order him/her to take necessary measures: |
| 1. |
A person who falls under the following items: |
| (a) |
Where he/she fails to fulfill conditions imposed when designation or approval was granted as prescribed in Articles 12 through 14, or fails to implement a development project of a new city for relocation of a Do government office in compliance with the development plan and implementation plan; |
| (b) |
Where he/she fails to undergo a completion inspection, in violation of Article 20 (1); |
| (c) |
Where he/she supplies created land, uncreated land, etc,, in violation of Article 22; |
| (d) |
Where he/she receives advance payment, in violation of Article 23; |
| (e) |
Where he/she issues bonds repaying with land, in violation of Article 24; |
| (f) |
Where he/she fails to fulfill conditions imposed at the time State property or public property is disposed of as prescribed in Article 25 (2); |
| (g) |
Where he/she fails to file a report prescribed in Article 37 (1), files a false report, or refuses, interferes with or evades an examination prescribed in the same paragraph; |
| 2. |
A person who obtains designation, approval, authorization, permission, etc. pursuant to this Act by deceit or other fraudulent means; |
| 3. |
A project implementer who fails to implement an agreement concluded as prescribed in Article 14 (1) 5 within the agreed period or who is recognized to have reasonable grounds he/she has no intention of implementing the agreement. |
| (2) |
The Metropolitan City Mayors, Do Governors, heads of Sis/Guns/Gus may, if necessary, recommend the Minister of Land, Transportation and Maritime Affairs to issue disposition on or take measures against a person falling under paragraph (1). |
law view
| Article 39 (Hearings) |
|
Where a Do Governor intends to revoke designation or approval pursuant to this Act pursuant to Article 38, he/she shall hold a hearing.
law view
| Article 40 (Delegation or Entrustment of Authority) |
|
A Do Governor may partially delegate his/her authority prescribed by this Act to the head of a Si/Gun/Gu or entrust it to a project implementer, as prescribed by municipal ordinance.
CHAPTER Ⅶ PENAL PROVISIONS
law view
| Article 41 (Penal Provisions) |
|
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 50 million won:
| 1. |
A person who performs an act prescribed in Article 8 (1) without obtaining permission, in violation of the same paragraph; |
| 2. |
A person who obtains permission prescribed in Article 8 (1) by deceit or other fraudulent methods. |
law view
| Article 42 (Joint Penal Provisions) |
|
If the representative of a juristic person, or an agent, employee or other servant of a juristic person or individual commits a violation under Article 41 in connection with the business of the juristic person or individual, not only shall such violator be punished, but also the juristic person or individual shall be punished by a fine under the relevant provisions: Provided, That where such juristic person or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures)
If this Act applies to the disposition, plans, other acts and procedures issued, established, done or taken pursuant to the Urban Development Act to build a new city for relocation of a Do government office before this Act enters into force shall be deemed issued, established, done or taken pursuant to the relevant provisions of this Act if provisions corresponding thereto exist in this Act.
Article 3 (Amendment to other Acts)
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. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 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.
ADDENDUM<Act No. 10617, Apr. 28, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 11352, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
