ENFORCEMENT DECREE OF THE SCHOOL FACILITIES PROJECTS PROMOTION ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters delegated by the School Facilities Projects Promotion Act and those necessary for the enforcement of the Act. <Amended on Oct. 24, 2008>

Article 1-2(Other facilities) #

"Other facilities prescribed by the Presidential Decree" in subparagraph 1 (c) of Article 2 of the School Facilities Projects Promotion Act (hereinafter referred to as the "Act") means any of the following facilities: <Amended on Apr. 12, 2007; Oct. 24, 2008; Jun. 29, 2010>

1. Auditoriums set up in the sites of school buildings or playgrounds;

2. Lifelong educational establishments which are set up in the sites of school buildings or playgrounds to conduct cultural and vocational education for students under Article 30 (1) of the Lifelong Education Act;

3. Warehouses, gatehouses, outdoor toilets or official residences set up in school building sites and playgrounds, or in practical training areas of high schools tailored to industry demand referred to in Article 90 (1) 10 of the Enforcement Decree of the Elementary and Secondary Education Act, specialized high schools under Article 91 (1) of the Enforcement Decree of the same Act (excluding high schools which specialize in hands-on, experience-based training, including outdoor field training) and special schools;

4. Parking facilities set up in the underground of lifelong educational establishments under subparagraph 2;

5. Facilities of closed schools used for a field study and mental and physical training for students, which are directly managed by such supervisory agencies prescribed in Article 6 of the Elementary and Secondary Education Act (hereinafter referred to as "supervisory authority");

6. Mixed-used facilities established under Article 3-2 of the Regulations on Establishment and Operation of Various Levels of Schools Equivalent to or Lower than High Schools.

[This Article Added on Oct. 18, 2000]

Article 2(Application for approval of execution plan) #

(1) Any person who intends to obtain approval of execution plans for school facilities projects (hereinafter referred to as "execution plan") under Article 4 (1) of the Act shall submit to a supervisory authority the execution plan (including an electronic execution plan) accompanied by the following documents (including an electronic document): <Amended on Oct. 18, 2000; Mar. 17, 2004; Jun. 12, 2006>

1. Records of the land to be expropriated or used (stating its location, lot number, land category, area, the details of rights other than ownership, and the names and addresses of the owner and those who have the surface right, servitude, the right to the lease on a deposit basis, the mortgage, the right to the loan for use or the right to lease, and other rights to the land);

2. Records of the building to be expropriated or used (stating its location, lot number, structure, floor area, total floor area, details of rights other than ownership, and the names and addresses of the owner and those who have the right to lease on a deposit basis, the right to mortgage, the right to loan for use or the right to lease, and other rights to the buildings);

3. Records of the fixtures (except a building; hereinafter the same shall apply) on the land to be expropriated or used (stating its location, lot number, land category, area, details of rights other than ownership, and the names and addresses of the owners and those who have the right to other fixtures);

4. Deleted; <Dec. 31, 2008>

5. Deleted; <Jun. 12, 2006>

6. Deleted; <Jun. 12, 2006>

7. Location map of a place where school facilities projects are executed;

8. Plane figure of the execution plan;

9. An outline design drawings and specifications;

10. A plan to rearrange graves, etc. (limited to cases where graves, etc. are rearranged under Article 14 of the Act).

(2) Any person who intends to obtain approval for a change to an execution plan under Article 4 (2) of the Act shall attach documents related to the changed plan among the documents referred to in each subparagraph of paragraph (1) to changed plans prepared by comparing the execution plan for the part to be changed and the original execution plan, and shall submit them to a supervisory authority.

(3) A supervisory authority which has received an application for approval or approval for any change to an execution plan under paragraphs (1) and (2) shall confirm the following documents through the joint use of administrative information under Article 36 (1) of the Electronic Government Act; provided, in the case of approval for any change to the execution plan, only documents related to the changed plan shall be confirmed. <Amended on Dec. 31, 2008; May 4, 2010>

1. A certified copy of the building register or a certified copy of the land register;

2. A certified copy of the land ledger or a certified copy of the forest land ledger;

3. A statement of confirmation of the plan for land use;

4. A certified copy of the land register map or a certified copy of the forest land map.

(4) A supervisory authority shall notify whether approval is granted or why the process for approval is delayed within 20 days (excluding the period for which the head of a competent administrative agency submits opinions in accordance with Article 4 (3)) from the date of receipt of an execution plan submitted pursuant to paragraph (1) and a changed plan submitted pursuant to paragraph (2). In such cases, where it fails to notify whether approval is granted or why the process for approval is delayed within such period, approval shall be deemed to be granted the following day after the end of such period. <Added on Apr. 5, 2011>

(5) A supervisory authority may, where it notifies why the process for approval is delayed pursuant to the former part of Article 4, extend the period of notifying whether approval is granted up to 10 days. <Added on Apr. 5, 2011>

Article 3(Minor modifications in execution plan) #

(1) "Minor matter determined by the Presidential Decree" in the proviso to Article 4 (2) of the Act means any of the following:

1. Changes in area by division, merger, change of registration, new registration or cadastral survey, such as the final survey of lands;

2. Changes in location of the site of school buildings, playgrounds or practical training areas;

3. Changes in area within one thousand and two hundred square meters for each building;

4. Adjustment of the plan for placing school facilities or similar changes in the construction plan;

5. Extension of the period of project execution within six months.

(2) Where a person who has obtained approval of the execution plan or approval for any modification to such plan under Article 4 (1) and (2) of the Act (hereinafter referred to as "project operator") makes a minor change to the execution plan under paragraph (1), he or she shall without delay notify the supervisory authority of the outline of such change.

Article 4(Consultation with head of competent administrative agency) #

(1) When a supervisory authority which has received the application for approval of an execution plan or approval for any change to such plan under the provisions of Article 2 deems that conditions necessary for approval are met, it shall without delay submit the copies of the documents (referring to the documents concerning the matters to be changed, where any change is to be made to the execution plan; hereafter the same shall apply in this Article) referred to in each subparagraph of Article 2 (1) and the copies of the execution plan to the head of the competent administrative agency having jurisdiction over the matters stipulated in each subparagraph of Article 5 of the Act for deliberation under Article 4 (3) of the Act.

(2) When the State or a local government prepares an execution plan under the provisions of Article 4 (4) of the Act or changes the execution plan and it intends to consult with the head of the competent administrative agency having jurisdiction over the matters indicated in each subparagraph of Article 5 of the Act, it shall send the copies of the documents referred to in each subparagraph of Article 2 (1) and the execution plan to the head of the competent administrative agency; provided, in the case of a minor change falling under any of the subparagraphs of Article 3 (1), it shall not apply.

(3) The head of the competent administrative agency who has received a request for consultation under the provisions of paragraphs (2) and (1) shall send his or her written opinion within twenty days after he has received the request, unless any extenuating circumstance exists.

Article 5(Execution plan) #

Matters to be included in an execution plan under the provisions of Article 4 (5) of the Act shall be as follows:

1. Name and address of a project operator (in the case of a corporation, the name and location of the corporation and the name and address of its representative);

2. Type and name of a school;

3. Location where a school facilities project is executed;

4. The outline of a school facilities project, such as its area, size, financial resources, and execution period;

5. The purpose of a school facilities project and its installation and relocation or expansion.

Article 6(Presentation of written opinion, etc.) #

(1) Where a supervisory authority, the State or a local government intends to hear the opinions of the parties concerned under the provisions of Article 4 (6) of the Act, it shall publicly announce the matters referred to in Article 2 (1) 1 through 3 and subparagraphs 1 and 2 of Article 5 concerning the land, construction, and the fixtures on the land necessary for its expropriation or use, and shall allow the public to inspect the documents for 14 days from the date of its public announcement.

(2) When a supervisory authority, the State or a local government makes public announcement referred to in the provisions of paragraph (1), it shall without delay notify the parties concerned, such as land-owners, of its contents and the fact that a written opinion may be submitted under paragraph (3); provided, this shall not apply, where it is impossible to identify persons to be notified or where the address and residence of persons to be notified or other places to which notification is to be sent are unknown.

(3) Land owners and other parties concerned may send their written opinions to a supervisory authority, the State, or local governments within the inspection period under paragraph (1).

Article 7(Notification and public notice) #

Where a supervisory authority has approved an execution plan or any modification to such plan (including where approval is deemed to be granted in accordance with the latter part of Article 2 (4)) or the State or a local government has finished consultation on execution plans under the provisions of Article 4 (7) of the Act, it shall notify the head of the competent administrative agency with jurisdiction over the matters referred to in each subpargraph of Article 5 of the Act and the persons concerned, including a landowner, of the matters referred to in the provisions of Article 2 (1) 1 through 3 and subparagraphs 1 through 4 of Article 5, and shall publicly notify such in the Official Gazette; provided, no notification may be given, where it is impossible to know the person to be notified or where the address or residence of the person to be notified or other places to which notification is to be sent are unknown. <Amended on Apr. 5, 2011>

Article 8(Approval of construction, substantial repair, and alteration of use) #

(1) Any person who intends to construct or substantially repair school facilities or alter the use of such facilities under Article 5-2 (1) of the Act shall obtain approval from a supervisory authority by submitting an application for approval along with relevant documents, as prescribed by Decree of the Ministry of Education; provided, this shall not apply where school facilities falling under any of the subparagraphs of Article 14 (1) of the Building Act are intended to be constructed or substantially repaired. <Amended on May 10, 2016>

(2) When a supervisory authority grants approval for construction, substantial repair or alteration of use under Article 5-2 (1) of the Act, if school facilities to be approved are subject to consent to construction permission, etc. under Article 6 (1) of the Act on Installation and Management of Firefighting Systems, it shall in advance obtain consent from the head of the competent fire headquarters or the head of the competent fire station. <Amended on Aug. 21, 2003; Oct. 24, 2008; Jan. 28, 2017; Nov. 29, 2022>

(3) A supervisory authority shall, within 20 days from the date of receipt of an application for approval submitted pursuant to paragraph (1), notify whether approval is granted. In such cases, where it fails to do so within such period, approval shall be deemed to be granted the following day after the end of such period. <Added on Apr. 5, 2011>

(4) Where a supervisory authority has granted approval (including where approval is deemed to be granted in accordance with paragraph (3)) for construction, substantial repair, or alteration of use under the provisions of Article 5-2 (1) of the Act, it shall issue to the applicant a certificate of approval as prescribed by Decree of the Ministry of Education. <Amended on Jan. 29, 2001; Aug. 21, 2003; Feb. 29, 2008; Apr. 5, 2011; Mar. 23, 2013>

Article 9(Report on erection) #

(1) Any person who intends to erect school facilities, other than those which have to be approved by a supervisory authority under the provisions of Article 8 (1), and structures of school facilities, such as retaining wall, whereto the Building Act is applied on their erection under Article 83 of the Building Act, shall report it to a supervisory authority, submitting an application accompanied by relevant documents prescribed by Decree of the Ministry of Education under the provisions of Article 5-2 (1) of the Act. <Amended on Jan. 29, 2001; Aug. 21, 2003; Feb. 29, 2008; Oct. 29, 2008; Mar. 23, 2013>

(2) When a supervisory authority receives a report under paragraph (1), it shall confirm its content and issue a certificate of reporting to the person who has made the report. <Amended on Aug. 21, 2003; Jul. 2, 2019>

Article 10(Change of matters approved and reported regarding construction, etc.) #

(1) Where any person who intends to change the matters approved or reported regarding construction, erection, substantial repair or alteration of use (hereinafter referred to as "construction, etc.") of school facilities under Article 5-2 (1) of the Act, he or she shall submit to a supervisory authority a report on change or an application for approval for change determined by Decree of the Ministry of Education accompanied by relevant documents. <Amended on Jan. 29, 2001; Aug. 21, 2003; Feb. 29, 2008; Mar. 23, 2013>

(2) The provisions of Article 8 shall apply mutatis mutandis to application for approval for change of construction, substantial repair, or alteration of use, and the provisions of Article 9 to reports on change of the construction, etc., respectively. <Amended on Aug. 21, 2003>

Article 11(Notification of matters approved and reported concerning construction, etc.) #

Where a supervisory authority approves construction, etc. or any change thereto (including where approval or approval for change is deemed to be granted in accordance with Articles 8 (3) and 10 (2)) or receives a report or report on change, it shall send a copy of a written approval for construction, etc. or a written approval for change thereto, or a copy of a report or report on change, to the head of the competent Si/Gun/Gu (limited to the head of an autonomous Gu; hereinafter the same shall apply). <Amended on Apr. 5, 2011>

Article 12(Construction, etc. of school facilities by state or local government) #

When the State or a local government intends to perform the construction, etc. of school facilities under Article 5-2 (3) of the Act, if such school facilities are subject to consent to construction permission under the provisions of Article 6 (1) of the Act on Installation and Management of Firefighting Systems, it shall notify the head of the relevant Si/Gun/Gu of a plan for construction, etc. determined by Decree of the Ministry of Education, after obtaining consent in advance from the head of the relevant fire headquarters or the head of the fire station. <Amended on Jan. 29, 2001; Feb. 29, 2008; Oct. 24, 2008; Mar. 23, 2013; Jan. 26, 2017; Nov. 29, 2022>

Article 13(Notification of corrective measures) #

Where a supervisory authority has ordered a measure necessary for correction concerning construction, etc. of school facilities under Article 5-2 (6) of the Act, it shall notify the head of the relevant Si/Gun/Gu of the result of corrective measures taken, including the following matters: <Amended on Oct. 18, 2000>

1. Location where construction, etc. is undertaken;

2. Name and address of a person who undertakes construction, etc. (in the case of a juristic person, its title and location and the name and address of its representative);

3. Details of violation of regulations;

4. A copy of a written order for the corrective measures.

Article 14(Consultation on activities within school facilities) #

After approval of or consultation on execution plans under Article 4 of the Act, if the head of each administrative agency intends to consult with the supervisory authority of the school concerned in order to implement projects referred to in each subparagraph of Article 6 of the Act in school facilities or to grant permission or take any other disposition, he or she shall send the supervisory authority documents stating the following matters:

1. Type of projects or facilities;

2. Agency which takes a disposition, such as granting permission for projects;

3. Name and address of a person who executes a project;

4. Area or size necessary for projects or facilities;

5. Period and purpose of projects or occupancy;

6. Measures for restoring facilities;

7. Map of location and a ground plan (including a main sectional plan);

8. Land register map (which specifies a projected line of facilities).

Article 15(Public facilities which shall be installed in advance) #

"Public facilities determined by the Presidential Decree" in Article 7 of the Act means electricity, telecommunication, gas, and district heating facilities.

Article 16(Revocation, etc. of approval of execution plan) #

When a supervisory authority revokes approval of an execution plan or orders change of the execution plan or other necessary measures under Article 11 of the Act, it shall notify the following matters to the head of the competent administrative agency and the parties concerned, such as a land owner, after consultation, and shall give public notice thereof on the Official Gazette; provided, where it is impossible to identify persons to be notified or the address and residence of persons to be notified or other places to which notification is to be sent are unknown, notification may not be made: <Amended on Oct. 24, 2008>

1. Type and title of a school;

2. Name and address of a project operator (in the case of a corporation, the title and location of the corporation, and the name and address of its representative);

3. Location, area and size of a school facilities project;

4. Grounds for taking measures.

Article 17 #

Deleted. <Dec. 31, 1997>

Article 18(Completion inspection, etc.) #

(1) When a project operator or a person who undertakes the construction, etc. of school facilities (excluding a project operator or a person implementing the construction, etc. of school facilities who is the State or a local government; hereafter the same shall apply in this Article) completes a school facilities project (including construction, etc. of school facilities; hereafter the same shall apply in this Article), he or she shall report the completion of the school facilities project to the supervisory authority within seven days after completing such project.

(2) When a supervisory authority receives a report on the completion of a school facilities project under paragraph (1), it shall conduct an inspection on completion (referring to inspection on approval for use, in the case of construction, etc.; hereafter the same shall apply in this Article) within 14 days after it receives the report, and when school facilities pass an inspection on completion, it shall issue a certificate of inspection on completion (referring to a written approval for use, in the case of construction, etc.; hereafter the same shall apply in this Article) determined by Decree of the Ministry of Education to the relevant project operator and the person who performs construction, etc. In such cases, the supervisory authority shall in advance confirm the issuance of a certificate of inspection on completion of construction of fire facilities referred to in Article 6 (4) of the Act on Installation and Management of Firefighting Systems. <Amended on Oct. 18, 2000; Jan. 29, 2001; Feb. 29, 2008; Oct. 24, 2008; Mar. 23, 2013; Jan. 26, 2017; Nov. 29, 2022>

(3) When a supervisory authority issues a certificate of inspection of completion under paragraph (2), it shall notify the head of an administrative agency having jurisdiction over the relevant matters under each subparagraph of Article 5 of the Act that the applicant has passed an inspection, and notify the head of a relevant Si/Gun/Gu, accompanied the following documents: <Amended on Oct. 24, 2008>

1. A copy of a certificate of inspection on completion;

2. Application form for record of the construction register;

3. Drawing of the current status of a building.

(4) When the State or a local government completes a school facilities project, it shall notify completion of such project to the head of the competent administrative agency having jurisdiction over the relevant matters referred to in each subparagraph of Article 5 of the Act, and shall notify the head of the competent Si/Gun/Gu, accompanied by the following documents:

1. Application form for record of the building register;

2. Drawing of the current status of a building.

Article 19(Public announcement of relocation of graves, etc.) #

(1) The public announcement pursuant to Article 14 (3) of the Act shall be made in a daily newspaper or on an internet website. In such cases, the period of public announcement shall be at least one month. <Amended on Nov. 24, 2020>

(2) The public announcement referred to in paragraph (1) shall include the location and lot number of graves, etc., grounds for moving or relocating them, and other matters necessary therefor.

Article 20(Payment of expenses necessary to relocate graves, etc.) #

(1) If necessary to pay expenses incurred in moving or relocating graves, etc. within the site of a school facilities project implemented by a project operator which is not the State or a local government, a supervisory authority may estimate the amount of expenses to be borne by such project operator under Article 14 (5) of the Act and may have him or her pay the expenses in advance. <Amended on Jul. 2, 2019>

(2) Where the amount paid in advance under paragraph (1) is less than the amount of expenses to be borne by the project operator, a supervisory authority shall promptly be paid the shortfall and return surplus, if any, without delay.

Article 21(Delegation of authority) #

(1) The Minister of Education shall delegate the following authority concerning the national elementary schools, middle schools, high schools and special schools under the Article 15 (1) of the Act to superintendents of education: <Amended on Feb. 22, 1996; Jan. 29, 2001; Aug. 21, 2003; Feb. 29, 2008; Mar. 23, 2013>

1. Preparation of, and consultation about, the execution plan under Article 4 (4) of the Act;

2. Public announcement of, and measures for public perusal of, the records of land and buildings to be expropriated under the provisions of Article 4 (6) of the Act and Article 6 of this Decree, and notification of the details of public announcement to the party concerned and receipt of opinions thereon;

3. Notification and public notice of consultation on the execution plan to relevant agencies under Article 4 (7) of the Act;

4. Notification of construction, etc. of school facilities under Article 5-2 (3) of the Act;

5. Consultation on activities within school facilities under Article 6 of the Act;

6. Notification and public notice of completion of school facilities projects under Article 13 (3) of the Act;

7. Matters concerning rearrangement of graves, etc. referred to in Article 14 (1) through (4) of the Act.

(2) Deleted. <Oct. 18, 2000>

Article 22 #

Deleted. <Dec. 30, 2016>