Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Act on the Assistance to the Development of Small Local Towns and matters necessary for the enforcement thereof. <Amended on Dec. 24, 2018>
Article 2(Designation and notification of small local towns) #
(1) Where the Special Self-Governing City Mayor or Special Self-Governing Province Governor exercising jurisdiction over the relevant area (hereinafter referred to as the "competent Special Self-Governing City Mayor or Special Self-Governing Province Governor") or the Metropolitan City Mayor or Do Governor exercising jurisdiction over the relevant area (hereinafter referred to as the "competent Mayor/Do Governor") intends to designate a small local town pursuant to Article 2(1) of the Act on the Assistance to the Development of Small Local Towns (hereinafter referred to as the "Act"), he or she shall consider the following matters: <Amended on Dec. 26, 2002; Feb. 29, 2008; Apr. 10, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 24, 2018; Sep. 8, 2020>
1. The location and area of the target area;
2. The necessity of designating a small local town;
3. The basic direction for fostering a small local town;
4. The current status of residents, such as the number of households, the number of residents, the forms of residence, and major sources of income within the target area;
5. In cases of an area where population, etc. are anticipated to be concentrated in the future, the expected number of residents after 5 years;
6. The current status of buildings, urban infrastructure, land, and land ownership within the target area;
7. The details of development plans established under other statutes, such as the urban or county management plan for the target area;
8. Other matters necessary for the designation of a small local town.
(2) Small local towns under Article 2(1)2 of the Act shall be designated for areas falling under any of the following subparagraphs; such designation shall be made only where at least 3,000 people reside in the relevant area or are anticipated to reside therein within the next 5 years: <Amended on Dec. 26, 2002>
1. An area within 3 square kilometers;
2. An urban area under Article 6(1) of the National Land Planning and Utilization Act.
(3) Where the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the competent Mayor/Do Governor intends to designate a small local town pursuant to Article 2(1) of the Act, he or she shall consult in advance with the heads of relevant central administrative agencies, and when a small local town is designated, he or she shall notify the fact in the official gazette and post it on information and communications networks, such as the internet. <Amended on Sep. 8, 2020>
(4) Deleted. <Sep. 8, 2020>
[Title Amended on Sep. 8, 2020]
Article 3(Scope of fact-finding surveys on small local town areas) #
(1) Where the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the competent Mayor/Do Governor conducts a fact-finding survey on small local town areas pursuant to Article 3(1) of the Act, he or she shall survey the following: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Sep. 8, 2020>
1. The current status of residents, such as the number of households, the number of residents, the forms of residence, and major sources of income within the target area;
2. Matters concerning urban infrastructure, such as roads, water and sewage systems, parking facilities, and parks, and regional industries, such as large-scale stores, factories, and industrial complexes;
3. Matters concerning the implementation of the comprehensive fostering plan under Article 4(1) of the Act (hereinafter referred to as "comprehensive fostering plan") for the relevant small local town area;
4. Matters concerning development conditions and prospects, etc. of the relevant small local town area;
5. Other matters necessary for fostering small local towns.
(2) Where the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the competent Mayor/Do Governor deems it necessary, he or she may entrust the fact-finding survey under paragraph (1) to relevant research institutes, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Sep. 8, 2020>
Article 4(Public notice of comprehensive fostering plans) #
(1) The Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun exercising jurisdiction over a small local town area (hereinafter referred to as the "competent head of a Si/Gun") shall establish a comprehensive fostering plan within 2 years from the date of designation and notification of the small local town. <Amended on Sep. 8, 2020>
(2) Deleted. <Sep. 8, 2020>
(3) Where the competent Mayor/Do Governor determines or approves a comprehensive fostering plan pursuant to Article 4(3) of the Act, he or she shall notify the competent head of a Si/Gun thereof. <Amended on Sep. 8, 2020>
(4) "Matters prescribed by Presidential Decree" in the latter part of Article 4(1) of the Act means any matter falling under any subparagraph of Article 4(4) (excluding cases where a change is inevitable due to the amendment of other statutes and regulations). <Amended on Sep. 8, 2020>
Article 5(Public notice of implementation of development projects) #
When the State or a local government implements a development project pursuant to Article 7 of the Act, it shall notify the following in the official gazette and post them on information and communications networks, such as the internet:
1. Matters concerning the grounds for and purpose of implementing the development project;
2. Matters concerning the name, location, and area of the development project;
3. Matters concerning the implementer of the development project;
4. Matters concerning the period and details of implementing the development project;
5. An inventory of land and buildings to be expropriated or used, and details of rights other than ownership;
6. Other matters that residents should be aware of in connection with the implementation of the development project.
Article 6(Approval for implementation of development projects) #
(1) Any person who intends to obtain approval or changed approval for the implementation of a development project pursuant to Article 8(1) or (2) of the Act shall submit an application including the following (in cases of changed approval, limited to matters related to the relevant change) to the competent head of a Si/Gun:
1. The name of the development project;
2. The location and area of the area where the project is scheduled to be implemented;
3. The necessity of implementing the development project and the details thereof;
4. The period for implementing the development project;
5. The estimated project cost and the plan for raising financial resources;
6. Deleted; <Dec. 3, 2014>
7. An inventory of land and buildings to be expropriated or used, and details of rights other than ownership;
8. Drawings related to the implementation of the development project.
(2) "Minor matters prescribed by Presidential Decree" in the proviso of Article 8(2) of the Act means matters falling under any of the following subparagraphs:
1. A change within 1/10 of the total land area where the development project is implemented; provided, this shall not apply where farmland subject to permission for, consultation on, or notification of farmland conversion is newly included;
2. A change within 1 year of the project implementation period;
3. An increase or decrease in the estimated project cost.
(3) The competent head of a Si/Gun shall determine whether to grant approval and notify the applicant thereof within 30 days from the date the application is submitted pursuant to paragraph (1).
(4) When the competent head of a Si/Gun grants approval for the implementation of a development project pursuant to Article 8(4) of the Act, he or she shall notify the matters in the subparagraphs of Article 5 in the official gazette of the relevant Si/Gun and post them on information and communications networks, such as the internet.
Article 7(Request for supplementation to implementer of development project) #
(1) Where the competent head of a Si/Gun requests supplementation from an implementer of a development project pursuant to Article 8(7) of the Act, he or she shall specifically present matters to be supplemented and allow a reasonable period of time necessary for such supplementation. <Amended on Jan. 5, 2021>
(2) Where an implementer of a development project who has received a request for supplementation pursuant to paragraph (1) fails to supplement it within the period for supplementation, the competent head of a Si/Gun shall, without delay, demand supplementation by specifying a period not exceeding 30 days (where an implementer of a development project who has received a request for supplementation requests an extension of the period for supplementation by specifying a period necessary for supplementation and such extension is deemed necessary, the extended period shall apply); where the implementer fails to supplement it by the end of such period, the head of a Si/Gun shall again demand supplementation by specifying a period not exceeding 15 days.
(3) When the competent head of a Si/Gun cancels the approval for implementation of a development project pursuant to Article 8(10) of the Act, he or she shall notify the fact in the official gazette of the relevant Si/Gun and post it on information and communications networks, such as the internet.
Article 8(Tax and financial support) #
The types and sizes of facilities for which tax and financial support may be provided pursuant to Article 13(1) of the Act shall be prescribed in the Appendix.
Article 9(Gratuitous transfer of State-owned or public land) #
"Property prescribed by Presidential Decree" in the proviso of Article 18(1) of the Act means the following land: <Amended on Aug. 4, 2006; Mar. 9, 2010; May 7, 2024>
1. Land for government buildings, official residences, or school facilities;
2. Land for railroad, harbor, or oil storage and transmission facilities;
3. National heritage, historic sites, and their protection zones;
4. Seed-production forests and experimental forests under Articles 19 and 47 of the Act on the Creation and Management of Forest Resources Act, and habitat for protected trees under Article 13 of the Forest Protection Act.
Article 10(Preferential employment of local residents) #
(1) Where an entrepreneur, etc. who has received tax or financial support pursuant to Article 13 of the Act or has constructed facilities, etc. by receiving a special case for application pursuant to Article 21(1) of the Act intends to preferentially employ residents residing in the relevant small local town area pursuant to Article 20(1) of the Act, he or she shall prepare a recruitment plan for each field and request the competent head of a Si/Gun to recommend employment; provided, this shall not apply where the number of regular employees is 50 or fewer.
(2) Upon receiving a request for employment recommendation pursuant to paragraph (1), the competent head of a Si/Gun shall take necessary measures, such as recommending the employment of the relevant local residents.
Article 11(Special cases concerning application of the Housing Construction Promotion Act) #
(1) Where a building permit is granted for a residential building within a small local town area, the purchase of National Housing Bonds under Article 8 of the Housing and Urban Fund Act may be exempted by ordinance of the competent Si/Gun pursuant to Article 21(1)2 of the Act. <Amended on Nov. 29, 2003; Jun. 30, 2015>
(2) With respect to facilities (excluding multi-family housing) installed within a small local town area, the installation standards for auxiliary parking lots under Article 19 of the Parking Lot Act may be relaxed by ordinance of the competent Si/Gun within the range of at least 80 percent but less than 100 percent of the installation standards applicable to the relevant facilities, pursuant to Article 21(1)3 of the Act.
(3) With respect to facilities (excluding multi-family housing) installed within a small local town area (excluding small local town areas in the Seoul Metropolitan Area and Metropolitan Cities under the Seoul Metropolitan Area Readjustment Planning Act), the building-to-land ratio under Article 77 of the National Land Planning and Utilization Act and the floor area ratio under Article 78 of the same Act may be respectively relaxed and applied by ordinance of the competent Si/Gun within the range of less than 110 percent of the building-to-land ratio and the floor area ratio applicable to the relevant area, pursuant to Article 21(1)4 of the Act. <Amended on Dec. 26, 2002>
Article 12(Restriction on building permits) #
Where the competent head of a Si/Gun intends to restrict building permits, etc. pursuant to Article 21(2) of the Act, he or she shall notify the details of the restriction in the official gazette of the relevant Si/Gun and post them in a daily newspaper or on information and communications networks, such as the Internet. In such cases, the period of restriction on building permits, etc. shall not exceed 2 years.
Article 13(Report on progress of development projects) #
A report on the progress of a development project pursuant to Article 22(1) of the Act shall include the following:
1. Performance in implementing the development project for the relevant year;
2. Problems of the development project for the relevant year;
3. Direction of promoting the development project for the following year and expected effects thereof.
Article 14 #
Deleted. <Mar. 2, 2021>