ACT ON PUBLIC-PRIVATE PARTNERSHIPS IN INFRASTRUCTURE

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ACT ON PUBLIC-PRIVATE PARTNERSHIPS IN INFRASTRUCTURE — 법갈피

Article 3-2(Scope and principles of application of government procurement agreements, etc.) #

(1) The scope of public-private partnership projects to which a government procurement agreement or international agreement (hereinafter referred to as "government procurement agreement, etc.") applies shall be limited to the public-private partnership projects, conducted by a competent authority in accordance with this Act, whose total project costs (referring to the sum of the costs incurred by infrastructure projects, as prescribed by Presidential Decree; hereinafter the same shall apply) are equal or higher than an amount determined and publicly notified by the Minister of Planning and Budget; provided, cases referred to in a government procurement agreement, etc. and prescribed by Presidential Decree shall be excluded from the scope of public-private partnership projects to which a government procurement agreement, etc. applies. <Amended on Oct. 1, 2025>

(2) The scope of a competent authority referred to in the main clause of paragraph (1) shall be prescribed by Presidential Decree pursuant to a government procurement agreement, etc.

(3) Where a competent authority carries out a public-private partnership project to which a government procurement agreement, etc. applies pursuant to the main clause of paragraph (1), it shall treat suppliers from the member countries of or party countries to a government procurement agreement, etc. equally with those from the Republic of Korea and shall not provide them with information related to the public-private partnership project on a discriminatory basis.

(4) Where it is prescribed by Presidential Decree to implement certain public-private partnership projects, excluded from the scope of application of government procurement agreements, etc. under the main clause of paragraph (1), as being subject to international bidding, given their purpose and nature, the competent authority may apply government procurement agreements, etc. in carrying out such public-private partnership projects.

[This Article Added on Dec. 18, 2012]

Article 10(Formulation and public notice of master plans for public-private partnership infrastructure project) #

(1) The competent authority shall, when it is deemed necessary to secure the investment from the private sector in order to proceed infrastructure projects, formulate a master plan for public-private partnership infrastructure project (hereinafter referred to as "master plan for infrastructure project") in accordance with the master plan for public-private partnerships in infrastructure, within one year from the date of its designation as a solicited project; provided, if deemed inevitable, the period may be extended up to one year.

(2) When a master plan for infrastructure project is formulated under paragraph (1) which meets the requirements specified in Presidential Decree, it shall undergo prior deliberation by the Committee. The same shall apply where a modification is required; provided, this shall not apply to cases of minor modifications prescribed by Presidential Decree.

(3) Where the competent authority formulates or modifies a master plan for facilities project under paragraphs (1) and (2), it shall make a public notice thereon as prescribed by Presidential Decree.

(4) Where the project proposal under Article 13(1) is not submitted after the master plan for infrastructure project has been publicly notified as prescribed in paragraph (3), the competent authority may make another public notice of the master plan only once more. In such cases, the master plan for infrastructure project shall be publicly notified again within six months starting from the last permissible date for submission of project proposal pursuant to the master plan for infrastructure project as outlined in the initial notice.

(5) Where the competent authority provides a notice or re-notice the master plan for infrastructure project for solicited projects prescribed by Presidential Decree in accordance with paragraph (3) or (4), it shall make their basic design drawings and the data on the analysis of their feasibility accessible to the private sector.

[This Article Wholly Amended on Aug. 4, 2011]

Article 19(Restriction on disposal of State or public property) #

(1) A concessionaire shall make a prior consultation with the head of the related administrative agency about the use of land belonging to the State or a local government located in an area designated for a public-private partnership project and is needed for the implementation of public-private partnership project, and such land shall not be sold for any other purpose than the project concerned after the date of the public notice (in the case of the project proposed pursuant to Article 9(1), it refers to the date of public announcement of the detail of proposal) of the instruction for proposal.

(2) Notwithstanding the State Property Act and the Public Property and Commodity Management Act, any national or public property located in an area designated for a public-private partnership project for which the consultation as referred to in paragraph (1) has been made may be sold to the concessionaire through conclusion of a private contract.

(3) Notwithstanding the State Property Act and the Public Property and Commodity Management Act, the concessionaire may use free of charge and benefit from any national or public property located in the area designated for a private investment project, if it is necessary for the implementation of such project, from the date of public notice of the detailed implementation plan pursuant to Article 15(2) until the date of confirmation of construction completion pursuant to Article 22; provided, in the case of construction projects of revertible facilities, the concessionaire may use free of charge and benefit from such national or public property until the date of expiration of a certain period fixed under Article 25(1) or (2).

(4) Notwithstanding the State Property Act and the Public Property and Commodity Management Act, where the competent authority deems it necessary for the execution of the public-private partnership project, the competent authority may purchase land located in the designated area and let the concessionaire use the land free of charge and benefit from it from the date of the public notice of the detailed implementation plan pursuant to Article 15(2) until the date of confirmation of the completion thereof pursuant to Article 22; provided, in the case of construction projects of revertible facilities, the authority may let the concessionaire use such land free of charge and benefit from it until the date of expiration of a certain period fixed under Article 25(1) or (2).

(5) Notwithstanding the State Property Act and the Public Property and Commodity Management Act, if it is necessary for the execution of a private investment project, a concessionaire may be permitted to use or benefit from national or public property to construct buildings or other permanent facilities, without the precondition that the concessionaire shall contribute such facilities to the State or local governments.

[This Article Wholly Amended on Aug. 4, 2011]

Article 21(Implementation of supplementary project) #

(1) If deemed necessary for a concessionaire which implement private investment projects to secure the investment cost, administer a smooth operation of the infrastructure concerned, improve user convenience, such as reducing user fees, or ease the financial burden of the competent authority, the competent authority may allow the concessionaire to implement any of the following supplementary projects jointly with the public-private partnership project concerned: <Amended on Apr. 14, 2011; Jan. 6, 2016; Feb. 8, 2017>

1. Housing construction projects as prescribed by the Housing Act;

2. Housing site development projects as prescribed by the Housing Site Development Promotion Act;

3. Urban/Gun planning facility projects as prescribed by the National Land Planning and Utilization Act;

4. Urban development projects as prescribed by the Urban Development Act;

5. Urban redevelopment projects as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

6. Industrial complex development projects as prescribed by the Industrial Sites and Development Act;

7. Tourist accommodation business, tourist entertainment facility business, and business for the development of tourist destinations and resort complexes as prescribed by the Tourism Promotion Act;

8. Logistics terminal businesses as prescribed by the Act on the Development and Management of Logistics Facilities;

9. Port transport businesses as prescribed by the Harbor Transport Business Act;

10. Superstore (excluding market places), wholesale delivery business, or joint collection and delivery complex business as prescribed by the Distribution Industry Development Act;

11. Business for the establishment and operation of an off-road parking lot as prescribed by the Parking Lot Act;

12. Sports facilities business as prescribed by the Installation and Utilization of Sports Facilities Act;

13. Cultural facilities establishment and operation projects as prescribed by the Culture and Arts Promotion Act;

14. Natural recreation forest development projects as prescribed by the Forestry Culture and Recreation Act;

15. Installment and operation business of outdoor advertisements and bulletin facilities as prescribed by the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry;

16. New and renewable energy facilities installment and operation projects as prescribed by the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;

17. Building establishment and operation business of Article 2(1)2 of the Building Act;

18. Other necessary business for reducing user fees or easing financial burden as prescribed by the Presidential Decree.

(2) When a concessionaire intends to implement a supplementary project, he or she shall include in his or her specific implementation plan as prescribed in Article 15(1) matters concerning the supplementary project concerned.

(3) When a concessionaire intends to implement a supplementary project after obtaining the approval for the specific implementation plan as prescribed in Article 15(1), he or she shall apply for the approval for the modification of the specific implementation plan from the competent authority.

(4) When a concessionaire conducting a public-private partnership project intends to implement a supplementary project, he or she shall prepare a supplementary project proposal and apply for the approval therefor from the competent authority.

(5) The competent authority, which received modification approval application or approval applications under paragraphs (3) and (4), shall determine whether it approves it or not, after reviewing the appropriateness of the purpose and conditions of implementing a supplementary project; where the total scale of the public-private partnership project and the supplementary project is more than the amount as prescribed by Presidential Decree under Article 8-2(2), it shall undergo the deliberation by the Committee.

(6) A supplementary project included in the specific implementation plan that has been approved for modification or a supplementary project that has been approved as prescribed in paragraph (5), notwithstanding Article 14(4), shall be deemed as a project approved by the competent authority.

(7) The competent authority shall give a public notice of its approval upon authorizing the implementation of the specific implementation plan pursuant to paragraph (5).

(8) If the competent authority has provided a public notice of a specific implementation plan as provided in Article 15(2) or the implementation of a supplementary project as provided in paragraph (7), it shall be deemed that the authorization and permission, etc. prescribed in the following concerning the relevant supplementary project have been granted. <Amended on Jan. 6, 2016; Jan. 19, 2016; Feb. 8, 2017>

1. Registration prescribed in Article 4 of the Housing Act; approval prescribed in Article 5(1) of the same Act, and authorization and permission, etc. considered to have been granted as prescribed in Article 19(1) of the said Act;

2. Designation of a concessionaire of the housing site development project prescribed in Article 7 of the Housing Site Development Promotion Act, approval as prescribed in Article 9 of the same Act, and authorization and permission, etc. deemed granted as prescribed in Article 11(1) of the said Act;

3. Designation of a concessionaire prescribed in Article 86 of the National Land Planning and Utilization Act, authorization of a specific implementation plan prescribed in Article 88(2) of the same Act, and authorization and permission, etc. deemed granted as prescribed in Article 92(1) of the said Act;

4. Designation of a concessionaire prescribed in Article 11 of the Urban Development Act, authorization of a detailed implementation plan prescribed in Article 17 of the same Act, and authorization and permission, etc. deemed granted as prescribed in Article 19(1) of the said Act;

5. Designation of a designated developer prescribed in Article 27(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and authorization of the implementation plan of project as prescribed in Article 50 of the same Act and Article 29 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Redevelopment;

6. Designation of a concessionaire prescribed in Article 16 of the Industrial Sites and Development Act, approval as prescribed in Article 17,17-2,18,18-2, and 19 of the same Act, and authorization and permission, etc. considered to have been granted as prescribed in Article 21(1) of the said Act;

7. Approval for a project proposal for tourist accommodation business and tourist-use facility business prescribed in Article 15 of the Tourism Promotion Act, designation of the tourist resort and resort complex as prescribed in Article 52 of the same Act, approval of the formation plan as prescribed in Article 54 of the same Act, and authorization and permission, etc. considered to have been granted as prescribed in Article 58(1) of the said Act;

8. Registration as prescribed in Article 7 of the Act on the Development and Management of Logistics Facilities, authorization for construction as prescribed in Article 9 of the said Act, and authorization and permission, etc. deemed granted as prescribed in Article 21(1) of the same Act;

9. Registration prescribed in Article 4 of the Harbor Transport Business Act;

10. Registration prescribed in Article 8 of the Distribution Industry Development Act, designation as prescribed in Article 29 of the same Act, and authorization and permission, etc. deemed granted as prescribed in Article 30(1) of the same Act;

11. Approval prescribed in Article 12 of the Installation and Utilization of Sports Facilities Act; and authorization and permission, etc. deemed granted as prescribed in Article 28 of the same Act;

12. Designation as prescribed in Article 13 of the Forestry Culture and Recreation Act and approval as prescribed in Article 14 of the same Act;

13. Permission prescribed in Article 3 of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry and registration prescribed in Article 11 of the same Act;

14. Permission as prescribed in Article 11(1) of the Building Act and authorization and permission, etc. deemed granted as prescribed in Article 11(5) of the said Act;

15. Designation, registration, approval, etc. and authorization and permission, etc. where Acts related to a supplementary project that is implemented as prescribed in paragraph (1)18 include provisions that stipulate that a concessionaire is deemed granted designation, registration, approval, etc. and authorization and permission, etc.

(9) When a competent authority intends to give approval or modification approval of a detailed implementation plan under Article 15(1), which includes the matters referred to in the subparagraphs of paragraph (8), or authorize the implementation of the supplementary project under paragraph (5), it shall consult the head of the relevant administrative agency (where, under each of the subparagraphs of paragraph (8), authorization and permission, etc. are deemed granted, if the provisions stipulate that authorization and permission, etc. require consultation with the heads of other related administrative agencies, the heads of the relevant administrative agencies shall be included) or receive approval from him or her in advance.

(10) The head of the relevant administrative agency who has been requested to carry out the consultation or give the approval prescribed in paragraph (9) shall present his opinion in writing, within 30 days after the request is made, stating in detail the reason and the grounds for his opinion. If the opinion is not presented within the said period, it shall be deemed that the consultation has been conducted or that the approval has been granted.

(11) Except as provided in paragraphs (8) through (10), Article 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards, effects, etc. of the legal fiction of authorization, permission, etc. <Added on Mar. 26, 2024>

(12) Matters concerning the implementation of a supplementary project by a concessionaire which are not provided in this Act shall be subject to the provisions of the Acts related to such supplementary project. <Amended on Mar. 26, 2024>

(13) A concessionaire conducting a housing site development project as a supplementary project as prescribed in paragraph (1)2 shall be deemed as the State or a local government as prescribed in Article 7(1)1 of the Housing Site Development Promotion Act. <Amended on Mar. 26, 2024>

(14) The requirements for implementing supplementary projects as prescribed in paragraph (1) shall be as follows: <Amended on Mar. 26, 2024>

1. The cost required for the supplementary project shall be within the scope of the total private project cost (it refers to the amount obtained by excluding the subsidy granted by the State or local governments to the concessionaire pursuant to Article 53 from the total project cost);

2. The supplementary project shall be implemented in the vicinity of the relevant public-private partnership project site;

3. Other conditions prescribed by Presidential Decree.

(15) The competent authority shall use the profits from the supplementary project in reducing user fees, etc. as prescribed by Presidential Decree. <Amended on Mar. 26, 2024>

[This Article Wholly Amended on Aug. 4, 2011]

Article 34(Object and limit of guarantee) #

(1) The management institution may guarantee, at the Fund's expense, the pecuniary obligations falling under the following subparagraphs. In such cases, the management institution shall fairly and faithfully investigate the management conditions, business prospects, credit conditions, etc. of the concessionaire, persons who conduct the construction in excess of the Government placed project expenditure, and persons who issue the infrastructure bonds (herein after referred to as "concessionaire, etc.") in accordance with Article 58:

1. Pecuniary obligations under which a concessionaire, or a person who conducts the construction in excess of the Government placed project expenditure is to pay by getting loans and payment, etc. (hereinafter referred to as "loans, etc.") for public-private partnership project fund from financial institutions or persons who are prescribed by Presidential Decree (hereinafter referred to as "loan institution");

2. Pecuniary obligations under which concessionaire, etc. are to pay by issuing the infrastructure bonds in accordance with Article 58;

3. Pecuniary obligations under which concessionaire, etc. are to pay by getting loans from loan institutions in accordance with Article 58 in order to pay principal and interest on bonds concerned.

(2) In operating the Fund, the management institution shall give priority with regard to the provision of the credit guarantee to small and medium enterprises with weak security capacities.

(3) The limit on the total amount of credit guarantees to be given from the Fund by the management institution shall be prescribed by Presidential Decree, within the scope of 20 times the total amount of the capital investment as prescribed in Article 31(1)1 and 2 and the reserve as prescribed in Article 33(5).

(4) The maximum permissible amount of credit guarantee to be given from the Fund by the management institution to the public-private partnership project (referring to each project conducted in part in cases of the project that is conducted in part under Article 16(2)) shall be prescribed by Presidential Decree.

(5) The concessionaire, etc. shall not use the loan obtained by guarantee under paragraph (1) or the price paid by the Government in accordance with excess construction for any other purpose, and the management institution may cancel or put a limitation on the guarantee in cases of violations.

[This Article Wholly Amended on Aug. 4, 2011]

ACT ON PUBLIC-PRIVATE PARTNERSHIPS IN INFRASTRUCTURE

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relationship to related Acts) #

Article 3-2(Scope and principles of application of government procurement agreements, etc.) #

Article 4(Implementation methods of public-private partnership projects) #

Article 5(Establishment of Public-Private Partnerships Review Committee) #

Article 6(Composition and operation of Committee) #

Article 7(Formulation and public announcement of master plans for public-private partnerships in infrastructure) #

Article 7-2(Resolution on aggregate ceiling of public-private partnership projects, etc. by National Assembly) #

Article 7-3(Modification of aggregate ceiling) #

Article 7-4(Agreement to increase in limit amount) #

Article 8(Details of master plans for public-private partnerships in infrastructure) #

Article 8-2(Designation of potential public-private partnership project) #

Article 9(Unsolicited project proposal by private sector) #

Article 10(Formulation and public notice of master plans for public-private partnership infrastructure project) #

Article 11(Specifics for master plan for infrastructure project) #

Article 12(Proposal for modification of master plan for infrastructure project by private sector) #

Article 13(Designation of concessionaire) #

Article 14(Incorporation of public-private partnership project corporation) #

Article 15(Approval or approval of modification of specific implementation plan) #

Article 16(Divisional implementation of public-private partnership projects) #

Article 17(Legal fiction of authorization and permission under other Acts) #

Article 18(Access to land) #

Article 19(Restriction on disposal of State or public property) #

Article 20(Expropriation or use of land) #

Article 21(Implementation of supplementary project) #

Article 21-2(Support for supplementary project) #

Article 22(Confirmation of construction completion) #

Article 23(Establishment of public and private infrastructure investment management center) #

Article 24(Management and operation of infrastructure) #

Article 24-2(Preparation of estimates of government subsidies for build-transfer-lease projects) #

Article 25(Use of facilities) #

Article 26(Rights to manage and operate infrastructure) #

Article 27(Nature of management and operation right) #

Article 28(Change of rights) #

Article 29(Change in details of facilities use) #

Article 30(Establishment and management of infrastructure credit guarantee fund) #

Article 31(Establishment of fund) #

Article 32(Management of fund) #

Article 33(Accounting and settlement of fund) #

Article 34(Object and limit of guarantee) #

Article 35(Establishment of guarantee relation) #

Article 36(Guarantee fee) #

Article 37(Duty of notification) #

Article 38(Discharge of guarantee obligation) #

Article 39(Losses) #

Article 39-2(Liability for compensation of executive officer and employee) #

Article 40(Rights of indemnity) #

Article 41(Purposes of establishment of collective investment vehicle) #

Article 41-2(Equity capital of infrastructure fund) #

Article 41-3(Acceptance and payment for stocks by promoters in case of promoted establishment) #

Article 41-4(Subscription for acceptance of stocks in case of recruited establishment) #

Article 41-5(Loans of funds and issuance of bonds) #

Article 41-6(Notification of registration of collective investment vehicle) #

Article 41-7(Conditions on issuing new stocks and profit-making securities) #

Article 41-8(Listing stocks or profit-making securities) #

Article 41-9(Supervision and inspection of collective investment vehicle) #

Article 42(Prohibition on concurrent conduct) #

Article 43(Scope of asset management) #

Article 44(Relationship to other statutes) #

Article 44-2(Raising objection) #

Article 44-3(Establishment of committee for Mediation of Public-Private Partnership Project Disputes) #

Article 44-4(Composition of the Dispute Mediation Committee) #

Article 44-5(Notification of application for mediation of disputes) #

Article 44-6(Rejection and suspension of mediation) #

Article 44-7(Processing period) #

Article 44-8(Inspection and hearing of opinions) #

Article 44-9(Agreement prior to mediation) #

Article 44-10(Effect of mediation) #

Article 44-11(Liability for expenses) #

Article 44-12(Service of documents) #

Article 44-13(Operation of Dispute Mediation Committee) #

Article 45(Supervision and order) #

Article 46(Disposition of violation of statutes) #

Article 46-2(Limitation of qualification for participation in public-private partnership project on unjust concessionaire) #

Article 47(Disposition for public interest) #

Article 48(Hearing) #

Article 49(Measures concerning cancellation of concessionaire designation) #

Article 50(Cancellation of designation of such solicited project) #