Article 1(Purpose) #
The purpose of this Act is to increase the income levels of residents of small local towns and improve the welfare thereof and to contribute to the balanced development of the land by prescribing matters necessary for promoting small towns as hub areas for nearby agricultural and fishing communities.
[This Article Wholly Amended on May 30, 2011]
Article 2(Small local towns) #
(1) The term "small local towns" in this Act means an area that falls under any of the following subparagraphs and is designated and publicly notified by the Special Self-Governing City Mayor or Special Self-Governing Province Governor having jurisdiction over the area (hereinafter referred to as the "competent Special Self-Governing City Mayor or Special Self-Governing Province Governor") or by the Metropolitan City Mayor or Do Governor having jurisdiction over the area (hereinafter referred to as the "competent City Mayor/Do Governor"): <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020>
1. Eup areas established in a Si/Gun as prescribed in Article 3 of the Local Autonomy Act;
2. Among Myeon areas established in Cities/Guns pursuant to Article 3 of the Local Autonomy Act, an area where population, etc. is concentrated or likely to be concentrated and which requires restoration or maintenance of its function as a central hub area for the surrounding rural or fishing communities.
(2) Standards for the size and population, etc. of the areas prescribed in paragraph (1) 2 shall be prescribed by Presidential Decree.
(3) After an area has been designated and publicly notified as small local towns pursuant to paragraph (1), where circumstances such as adjustment of administrative districts or decrease in population change so that the area no longer meets the criteria for designation as small local towns, the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the competent City Mayor/Do Governor may cancel such designation. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020>
[This Article Wholly Amended on May 30, 2011]
Article 3(Survey on actual conditions of small local towns) #
(1) The competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the competent City Mayor/Do Governor shall conduct a survey on the actual conditions of areas of small local towns every 5 years in accordance with Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020>
(2) The competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the competent City Mayor/Do Governor may reflect the results of the survey under paragraph (1) in the designation and cancellation of small local towns under Article 2 and in the comprehensive promotion plan under Article 4. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020>
[This Article Wholly Amended on May 30, 2011]
Article 4(Formulation of comprehensive promotion plans) #
(1) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the Mayor, or the Gun Governor having jurisdiction over an area of small local towns (hereinafter referred to as the “competent Mayor or Gun Governor”) shall, in consultation with the competent City Mayor/Do Governor (excluding cases involving the Special Self-Governing City Mayor or the Special Self-Governing Province Governor), formulate a comprehensive promotion plan for the relevant area of small local towns (hereinafter referred to as the “comprehensive promotion plan”), submit it to the competent City Mayor/Do Governor (excluding cases involving the Special Self-Governing City Mayor or the Special Self-Governing Province Governor), and the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, and the competent City Mayor/Do Governor shall notify the Minister of the Interior and Safety of the comprehensive promotion plan. The same shall apply where matters prescribed by Presidential Decree are to be changed in respect of a comprehensive promotion plan publicly notified pursuant to paragraph (3). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020>
(2) The Minister of the Interior and Safety may review the comprehensive promotion plan notified under paragraph (1) and, after consultation with the heads of relevant central administrative agencies, may issue necessary recommendations to the competent Special Self-Governing City Mayor, competent Special Self-Governing Province Governor, and competent City Mayor/Do Governor. <Amended on Feb. 18, 2020>
(3) The competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, and the competent City Mayor/Do Governor shall finalize or approve and publicly notify the comprehensive promotion plan, taking into account the recommendations under paragraph (2). <Added on Feb. 18, 2020>
(4) The comprehensive promotion plan shall include the following matters: <Amended on Feb. 18, 2020>
1. Matters concerning basic policies on the promotion of small local towns;
2. Matters concerning the promotion of local industries, such as agricultural, forestry, fisheries, commerce, manufacturing, and tourism industries, etc.;
3. Matters concerning the expansion of urban infrastructure, such as roads, waterworks, sewerage, parking facilities, etc.;
4. Matters concerning the improvement of the living environment for residents and their welfare, in terms of residential conditions, urban parks, the promotion of education and culture, etc.;
Article 5(Finalization of annual business plans) #
(1) The head of a competent Si/Gun shall prepare an annual project plan for the following year (hereinafter referred to as the “annual project plan”) each year in accordance with the comprehensive promotion plan and shall submit it to the competent City Mayor/Do Governor (excluding cases involving the Special Self-Governing City Mayor or the Special Self-Governing Province Governor). <Amended Feb. 18, 2020>
(2) The competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, and the competent City Mayor/Do Governor shall finalize the relevant annual project plan through consultation with the heads of relevant administrative agencies. <Amended on Feb. 18, 2020>
(3) The Minister of the Interior and Safety may, where necessary, prescribe guidelines and standards required for the head of the competent Si/Gun to prepare the annual project plan under paragraph (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020>
[This Article Wholly Amended on May 30, 2011]
Article 6(Relationship with other plans) #
The comprehensive plan for promotion and annual business plan under this Act shall be established in connection with development plans pursuant to other Acts and subordinate statutes.
[This Article Wholly Amended on May 30, 2011]
Article 7(Implementers of development projects) #
The projects pursuant to a comprehensive plan for promotion (hereinafter referred to as "development project") shall be implemented by the State or local governments; provided, in cases of a development project recognized necessary by the head of the competent Si/Gun, persons falling under any of the following subparagraphs may be designated as project implementers:
1. Public institutions prescribed in Article 4 of the Act on the Management of Public Institutions;
2. Local government-invested public corporations prescribed by the Local Public Enterprises Act;
3. Persons who have obtained approval for the implementation of a development projects as prescribed in Article 8.
[This Article Wholly Amended on May 30, 2011]
Article 8(Approval for implementation of development projects) #
(1) If a project implementer other than the State or local government is to implement a development project, he or she shall obtain approval from the head of the competent Si/Gun.
(2) If a person who has obtained approval as prescribed in paragraph (1) intends to modify approved matters, he or she shall obtain approval for modification; provided, this shall not apply to insignificant matters prescribed by Presidential Decree.
(3) Those who intend to obtain approval for the implementation of a development project or approval for modification as prescribed in paragraphs (1) and (2) shall file an application for approval for the implementation of a development project to the head of the competent Si/Gun, as prescribed by Presidential Decree.
(4) Where the head of the competent Si/Gun deems an application for approval of the implementation of a development project submitted under paragraph (3) to be appropriate and approves the implementation of the development project, the head of the competent Si/Gun shall publicly notify such approval in accordance with Presidential Decree and shall report the details of the approval to the head of the competent Si/Gun without delay (excluding cases involving the Special Self-Governing City Mayor or the Special Self-Governing Province Governor). <Amended on Feb. 18, 2020>
(5) Where deemed necessary, the head of the competent Si/Gun recognizes may split the development project among two or more project implementers and have them implement the split portion of the development project.
(6) Where the competent Mayor/Do Governor concludes that approval has been given contrary to the relevant Acts and subordinate statutes or a comprehensive plan for promotion, he or she may notify the head of the competent Si/Gun of the grounds and have such head of the competent Si/Gun cancel it or supplement it within ten days from the date a report on the approval for the implementation of a development plan was received from the head of the competent Si/Gun.
(7) The head of the competent Si/Gun who has been requested to cancel or supplement approval for the implementation of a development project as prescribed in paragraph (6) may cancel the approval for the implementation of a development project or have a project implementer supplement it. In such cases, such project implementer shall comply therewith unless any special reason exists.
(8) Where it falls under any of the following subparagraphs, the head of the competent Si/Gun may cancel approval; provided, in cases falling under subparagraph 1, he or she shall cancel the approval:
Article 9(Legal fiction for authorization and permission) #
(1) Where a project implementer has been granted approval for the implementation of a development project as prescribed in Article 8, permission, authorization, approval, rescission, determination, report, receipt, etc. (hereinafter referred to as "authorization, permission, etc.") prescribed in the following subparagraphs shall be deemed to have been obtained, and such authorization, permission, etc. shall be deemed to have been publicly notified or announced: <Amended on May 22, 2013; Jan. 14, 2014; Jan. 19, 2016; Dec. 27, 2016; Jan. 29, 2020; Dec. 27, 2022; Mar. 21, 2023; Aug. 8, 2023>
1. Determination of a Si/Gun management plan prescribed in Article 30 of the National Land Planning and Utilization Act, permission for the alteration of form and quality of land prescribed in Article 56 of that Act, designation of a Si/Gun planning project implementer prescribed in Article 86 of that Act, authorization for an implementation plan prescribed in Article 88 of that Act and permission for land transaction contracts prescribed in Article 118 of that Act;
2. Permission to convert use of mountainous districts and report on the diversion of mountainous districts prescribed in Articles 14 and 15 of the Mountainous Districts Management Act, permission for the temporary use of mountainous districts and report on the temporary use of mountainous districts prescribed in Article 15-2 of that Act, and permission for cutting, etc. of standing timber and report on the cutting, etc. of standing timber prescribed in Article 36 (1) and (5) of the Creation and Management of Forest Resources Act;
3. Permission to divert farmland and consultation thereon prescribed in Article 34 of the Farmland Act and report on the diversion of farmland prescribed in Article 35 of that Act;
4. Approval for the establishment, etc. of a plant prescribed in Articles 13 (1) and 20 (2) of the Industrial Cluster Development and Factory Establishment Act;
5. Permission to implement river works prescribed in Article 30 of the River Act, permission for the occupancy and use of rivers prescribed in Article 33 of that Act and permission for acts in land predetermined as river, etc. prescribed in Article 38 of that Act;
6. Authorization for general waterworks business prescribed in Article 17 of the Water Supply and Waterworks Installation Act, authorization for industrial waterworks business prescribed in Article 49 of that Act and authorization for private-use waterworks prescribed in Article 52 of that Act;
7. Approval for a business plan prescribed in Article 12 of the Installation and Utilization of Sports Facilities Act;
Article 10(Expropriation of land) #
(1) The project implementer may expropriate or use land, etc. necessary for the implementation of a development projects; provided, in cases where the project implementer is a private development entrepreneur, he or she shall purchase more than two thirds of the area of land subject to development project and obtain approval from more than half of the total number of owners of land and of the total number of owners of buildings.
(2) When approval for the implementation of a development project prescribed in Article 8 (4) is notified in public, the project approval prescribed in Article 20 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works and the public notification of project approval prescribed in Article 22 of that Act shall be deemed made.
(3) The Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the expropriation or use prescribed in paragraph (1) unless prescribed otherwise by this Act.
(4) The duties of expropriation, etc. of land to be performed by a project implementer may be performed by a local government as proxy.
[This Article Wholly Amended on May 30, 2011]
Article 11(Appropriation in budget) #
In order to appropriate project expenses necessary for the efficient promotion of a development projects, the State and local governments shall appropriate necessary project expenses in the budget, and the project expenses appropriated in the budget may be subsidized to the local governments or project implementers conducting development projects as prescribed in Article 7.
[This Article Wholly Amended on May 30, 2011]
Article 12(Assistance in social overhead capital) #
(1) The head of the relevant central administrative agency may provide preferential assistance for projects necessary for the installation, maintenance, repair, etc. of infrastructure, such as industrial complexes, transportation facilities, waterworks, sewerage systems, etc. in the small local town areas.
(2) Notwithstanding the provisions of Article 85 (1) of the Road Act, the Minister of Land, Infrastructure, and Transport may partially subsidize expenses incurred in constructing local roads promoted by local governments in the small local town areas. <Amended on Mar. 23, 2013; Jan. 14, 2014>
[This Article Wholly Amended on May 30, 2011]
Article 13(Assistance in tax system and finance) #
(1) The State and local governments may give assistance in the tax system, such as tax reduction or exemption, etc., and finance, etc. as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act and other tax related Acts to private development entrepreneurs implementing development projects as prescribed in Articles 7 and 8 or to persons who establish any level of schools or to persons (hereinafter referred to as "entrepreneur, etc.") who newly construct, expand or relocate facilities capable of contributing to the promotion of local culture and to the revitalization of the local economy, such as cultural facilities, factories, etc.
(2) The kinds, and scale, etc. of facilities to which assistance in tax system and finance may be given as prescribed in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 30, 2011]
Article 14(Assistance to private development entrepreneurs) #
(1) The heads of the competent Sis/Guns may give assistance prescribed in the following subparagraphs to the private development entrepreneurs prescribed in Article 7 and to the entrepreneurs, etc. prescribed in Article 13 after consultation with the heads of the relevant administrative agencies:
1. Permission for occupancy and use of public facilities;
2. Right to develop adjacent land to the extent that the profitability for private development entrepreneurs, entrepreneurs, etc. is ensured;
3. Assistance in matters necessary for the implementation of a development projects.
(2) If the authority to permit occupancy and use of public facilities prescribed in paragraph (1) 1 belongs to other agencies, the head of the competent Si/Gun shall request the entity having authority to permit occupancy and use, and the entity having authority to permit occupancy and use who has been requested shall comply with such request unless any special reason exists.
[This Article Wholly Amended on May 30, 2011]
Article 15(Installation of public facilities) #
The installation of public facilities according to the comprehensive plan for the promotion shall be implemented by the project implementer; provided, if deemed necessary, the head of the competent Si/Gun may install public facilities as prescribed in the provisions of Articles 86 through 96 of the National Land Planning and Utilization Act.
[This Article Wholly Amended on May 30, 2011]
Article 16(Authority to manage public facilities) #
(1) The head of the competent Si/Gun may have a private development entrepreneur manage public facilities to be installed according to the implementation of a comprehensive plan for the promotion and annexed facilities (hereinafter referred to as "public facilities, etc.").
(2) The private development entrepreneur who manages public facilities, etc. as prescribed in paragraph (1) may collect remuneration for the use or utilization (hereinafter referred to as "usage fees") from those who use or utilize such facilities, etc. for a specific period.
(3) Matters necessary for usage fees, and collection of usage fees, etc. prescribed in paragraph (2) shall be prescribed by the head of the competent Si/Gun after consultations with private development entrepreneurs, on condition that the public nature of the relevant public facilities and the costs to be incurred in the management of the public facilities, etc. shall be considered. <Amended on May 22, 2013>
[This Article Wholly Amended on May 30, 2011]
Article 17(Reversion of public facilities, and land) #
(1) Where a project implementer prescribed in the provisions of subparagraphs 1 through 3 of Article 7 newly installs public facilities, etc, or installs public facilities, etc., substituting for existing public facilities, etc., according to the implementation of a development project, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act, existing public facilities, etc., and land adjoining such public facilities, etc., shall be reverted to the project implementer without compensation and newly installed public facilities, etc. and land adjoining such newly installed public facilities, etc. shall be reverted without compensation to the State or local government which is to manage such facilities.
(2) The public facilities, etc. newly installed by a private development entrepreneur according to the implementation of a development project, or public facilities, etc. installed in substitution for existing public facilities, etc. shall be reverted without compensation to the State or local government which is to manage such facilities, and existing public facilities, etc, of which use is to be ceased and land adjoining such public facilities, etc, may be reverted without compensation to the private entrepreneur within the extent equivalent to the installation expenses of public facilities, etc. newly installed by a private development entrepreneur.
(3) When the head of the competent Si/Gun approves the implementation of a development project involving matters on the reversion, etc. of public facilities, etc. prescribed in paragraph (1) or implements such development project, he or she shall hear opinions of the management agency in advance. The same shall apply to the modification of approved matters.
[This Article Wholly Amended on May 30, 2011]
Article 18(Concession of state-owned land and publicly-owned land without compensation) #
(1) The previous use of land, owned by the State or local governments, which is included in the comprehensive plan for the promotion shall be deemed to have been repealed on the date on which the implementation of a development project was approved and publicly notified as prescribed in Article 8, and shall be conceded to the project implementer without compensation, notwithstanding the State Property Act, and the Public Property and Commodity Management Act, and the provisions of the relevant Acts and subordinate statutes concerning the management and disposal of State-owned and publicly-owned land; provided, in cases of administrative property prescribed in Article 6 (2) of the State Property Act, this shall not apply to the property for official use, public property or conservation property prescribed in Article 5 (2) of the Public Property and Commodity Management Act, which is prescribed by Presidential Decree, and land, for which the State or local governments have concluded a concession contract as of the date on which the implementation of a development project was approved and publicly notified.
(2) The land owned by the State or local governments which is included in the comprehensive plan for the promotion shall not be transferred or sold for a purpose other than comprehensive plan for the promotion from the date the implementation of a development project was approved and publicly notified.
(3) Revenue from the use and profit or disposal of land transferred to the project operator pursuant to paragraph (1) shall not be used for any purpose other than the development project and where the remaining revenue after being used for the relevant development project is to be used for another development project approval shall be obtained from the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the competent City Mayor/Do Governor. <Amended on Feb. 18, 2020>
(4) With respect to land transferred to the project operator pursuant to paragraph (1) Article 55 (2) of the State Property Act shall apply mutatis mutandis and matters necessary for the management and disposal of land transferred to the project operator shall be prescribed by municipal ordinances of the relevant Special Self-Governing City Special Self-Governing Province City or Gun (hereinafter referred to as “City or Gun”). <Amended on Feb. 18, 2020>
[This Article Wholly Amended on May 30, 2011]
Article 19(Transfer of created land) #
The land, facilities, etc. created according to the comprehensive plan for the promotion by the State or local governments acting as a project implementer may be transferred to an end user by a contract ad libitum, notwithstanding the State Property Act and the Public Property, and Commodity Management Act and the provisions of other relevant Acts and subordinate statutes. In such cases, no end user who has purchased such land, facilities, etc. shall use such land, facilities, etc. for a purpose other than the use determined by the comprehensive plan for the promotion.
[This Article Wholly Amended on May 30, 2011]
Article 20(Preferential employment of local residents and assistance thereto) #
(1) An entrepreneur, etc. who has been given assistance in tax system and finance as prescribed in Article 13 or who has constructed facilities, etc. after having been granted exemption from the application as prescribed in Article 21 (1) shall preferentially employ residents living in the small local town area in which the relevant place of business is located, as prescribed by Presidential Decree.
(2) Project implementers may establish and implement relocation measures prescribed in Articles 78 (1) through (3) and 81 of the Act on Acquisition of and Compensation for Land for Public Works Projects for persons who lose their base of livelihood because they have provided land, etc. necessary for the implementation of a development project, or give necessary assistance thereto necessary for living.
[This Article Wholly Amended on May 30, 2011]
Article 21(Exemption from application) #
(1) Notwithstanding the provisions of the relevant Acts, standards for the following may be prescribed by Municipal Ordinance of the relevant Si/Gun within the extent prescribed by Presidential Decree: <Amended on Jan. 6, 2015>
1. Relationship between sites and roads prescribed in Article 44 of the Building Act, designation of building lines, and restriction on construction by building lines prescribed in Article 47 of that Act;
2. Purchase of housing bonds prescribed in Article 8 of the Housing and Urban Fund Act;
3. Standards for installation of parking lots annexed to buildings prescribed in Article 19 of the Parking Lot Act;
4. Standards for urban planning facilities prescribed in Article 43 (2) of the National Land Planning and Utilization Act, restriction on the construction in the specific-use area or specific-use district prescribed in Article 76 of that Act, building-to-land ratio in the district-use area prescribed in Article 77 of that Act, and floor area ratio in the district-use area prescribed in Article 78 of that Act.
(2) Where deemed necessary, the heads of the competent Sis/Guns may not grant permission for construction to small local town areas until the comprehensive promotion plan is publicly notified. In such cases, the details of such restriction shall be publicly notified, as prescribed by Presidential Decree.
[This Article Wholly Amended on May 30, 2011]
Article 22(Reporting and analysis and evaluation of development project outcomes) #
(1) The head of the competent Si/Gun shall prepare the status of progress of the development project as of December 31 each year and shall report it to the competent City Mayor/Do Governor by the end of February of the following year in accordance with Presidential Decree (excluding cases involving the Special Self-Governing City Mayor or the Special Self-Governing Province Governor) and the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, and the competent City Mayor/Do Governor shall notify the Minister of the Interior and Safety thereof by March 31. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020>
(2) The Minister of the Interior and Safety, competent City Mayors/Do Governors, and the heads of the competent Sis/Guns shall analyze and evaluate the results of development projects of the year, and take the evaluation results into consideration in establishing an annual business plan for the next year. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) The Minister of the Interior and Safety may, where necessary, prescribe guidelines and standards required for the analysis and evaluation under paragraph (2). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020>
[This Article Wholly Amended on May 30, 2011]