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ENFORCEMENT DECREE OF THE SPECIAL ACT ON LOCAL AUTONOMY AND DECENTRALIZATION, AND BALANCED REGIONAL DEVELOPMENT — 법갈피

영문법령 / ENFORCEMENT DECREE OF THE SPECIAL ACT ON LOCAL AUTONOMY AND DECENTRALIZATION, AND BALANCED REGIONAL DEVELOPMENT

ENFORCEMENT DECREE OF THE SPECIAL ACT ON LOCAL AUTONOMY AND DECENTRALIZATION, AND BALANCED REGIONAL DEVELOPMENT

대통령령일부개정시행 2025-04-01기획예산처,행정안전부,산업통상부,국토교통부 · 제35412호 · 공포 2025-04-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Special Act on Local Autonomy and Decentralization and Balanced Regional Development and matters necessary for the enforcement thereof.

Article 2(Designation of growth promotion areas) #

(1) "Area prescribed by Presidential Decree" in subparagraph 9 of Article 2 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development (hereinafter referred to as the "Act") means a Si defined in Article 2 (1) 2 of the Local Autonomy Act (including an administrative Si under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereafter the same shall apply)/Gun(including a Gun in a Metropolitan City; hereinafter the same shall apply)/Gu(referring to an autonomous Gu; hereinafter the same shall apply) designated and publicly notified by the Minister of Land, Infrastructure and Transport, after deliberation and resolution by the Presidential Committee for Decentralization and Balanced Development under Article 62 of the Act (hereinafter referred to as the "Presidential Committee for Decentralization and Balanced Development") among areas for which special consideration by the State and local governments is deemed required for the establishment, etc. of local infrastructure according to the results of comprehensively evaluating the annual average rate of population change in a Si/Gun, its income level, financial situation, local accessibility, etc. every 5 years.

(2) The Minister of Land, Infrastructure and Transport who intends to designate a growth promotion area pursuant to paragraph (1) shall consult with the heads of the relevant central administrative agencies and the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor").

(3) A Mayor/Do Governor who intends to present his or her opinions for consultation under paragraph (2) shall hear the opinions of the heads of Sis/Guns/Gus belonging to the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") in advance.

Article 15(Comprehensive evaluation of City/Do implementation plan) #

(1) The Presidential Committee for Decentralization and Balanced Development shall conduct a comprehensive evaluation of City/Do implementation plans, etc. based on the results of self-evaluation under Article 14 (2) through (4), and prepare a comprehensive evaluation report by May 31 of each year and report it to the President.

(2) The Presidential Committee for Decentralization and Balanced Development shall forward the results of the comprehensive evaluation under paragraph (1) to the heads of the relevant central administrative agencies, the heads of local governments that have established a super metropolitan area, and the Mayors/Do governors.

(3) The Presidential Committee for Decentralization and Balanced Development shall forward the results of evaluating national research and development projects under Article 11 of the Framework Act on Science and Technology (hereinafter referred to as "research and development projects") from among the results of comprehensive evaluation under paragraph (1), in advance to the Minister of Economy and Finance and the Minister of Science and ICT no later than April 30 each year.

(4) According to the results of a comprehensive evaluation conducted under paragraph (1), the Presidential Committee for Decentralization and Balanced Development may separately conduct an in-depth evaluation of poor performing projects and the results of implementing policies for balanced regional development and tasks for local autonomy and decentralization for each City/Do or each super metropolitan area.

(5) In order to efficiently conduct the comprehensive evaluation under paragraph (1), the Presidential Committee for Decentralization and Balanced Development may establish and operate an information system on policies for balanced regional development and tasks for local autonomy and decentralization.

(6) In order to efficiently conduct a comprehensive evaluation under paragraph (1), the Presidential Committee for Decentralization and Balanced Development may request Cities/Dos, the relevant central administrative agencies, and local governments that have established a super metropolitan area to submit evaluation-related data and to enter data necessary for operating the information system under paragraph (5). In such cases, the Mayors/Do Governors, the heads of the relevant central administrative agencies, and the heads of local governments that have established a super metropolitan area shall comply with such request, unless there is good cause, such as confidentiality for national security.

Article 19(Support for depopulation areas) #

(1) The State and local governments may provide the following administrative and financial support to depopulation regions pursuant to Article 22 (1) of the Act:

1. Support for the installation, maintenance, repair, etc. of infrastructure, such as transportation facilities, water supply and sewerage facilities, and living infrastructure;

2. Support for the establishment and attraction of cultural facilities, such as schools of various levels, cultural and arts centers, libraries, museums, and tourism, lodging, recreational facilities, and sports facilities;

3. Support for the expansion of the production base for agriculture, forestry, marine affairs and fisheries, and the publicity and sales promotion of special products, such as agricultural, livestock and fishery products;

4. Partial subsidization of expenses incurred in house construction, remodeling, repair, etc. for the improvement of old houses;

5. Support for the linking, provision, utilization and analysis of data, decision-making, and collaboration for the vitalization of data-based administration of programs for supporting depopulation areas;

6. Other support necessary for the development of depopulation areas.

(2) Where the State and local governments promote projects related to the subparagraphs of paragraph (1) by public offering, they may preferentially allocate a certain portion of the relevant projects to depopulation areas.

(3) The State and local governments shall ensure that the projects related to the subparagraphs of paragraph (1) are implemented in an interconnected manner.

(4) Upon receipt of a written request for supporting applications for approval or permission under the subparagraphs of Article 22 (2) of the Act (hereafter referred to as "permission, etc." in this Article) from a business operator who has moved into a depopulation area, a City/Do support group for local era under Article 67 (2) of the Act (hereinafter referred to as "City/Do support group for local era") shall issue a receipt; provided, where it is possible to immediately process the receipt, the issuance of the receipt may be omitted.

(5) When a City/Do support group for local era finishes handling a request for support under paragraph (4), it shall notify the requester of the results thereof in writing; provided, in cases of a request requiring prompt handling, notification may be given verbally or by telephone.

(6) "Period prescribed by Presidential Decree" in Article 22 (3) of the Act means the processing period specified in Appendix 1.

(7) The head of an agency in receipt of an application for permission, etc. may extend the processing period only once where reasonable and objective reasons are deemed to exist for not being able to process the application within the processing period specified in Appendix 1. In such cases, he or she shall notify the applicant for the relevant permission, etc. of the reasons and the additional period expected to be required for processing.

Article 20(Designation of opportunity development zone) #

(1) A Mayor/Do Governor who applies for the designation of an opportunity development zone pursuant to Article 23 (1) of the Act shall formulate a plan including the following matters (hereinafter referred to as "opportunity development zone plan") and submit it to the Minister of Trade, Industry and Energy:

1. Purpose, name, location and scope of an opportunity development zone;

2. Expenses and effects of the designation of an opportunity development zone;

3. Methods for developing and managing an opportunity development zone;

4. Strategies for fostering industries in an opportunity development zone;

5. Support plans for an opportunity development zone;

6. Matters regarding special regulatory exceptions necessary for investment, etc. in an opportunity development zone;

7. Other matters determined and publicly notified by the Minister of Trade, Industry and Energy as necessary for promoting an opportunity development zone.

(2) The Minister of Trade, Industry and Energy who intends to designate an opportunity development zone pursuant to Article 23 (2) of the Act shall consult in advance with the heads of the relevant central administrative agencies.

(3) The Minister of Trade, Industry and Energy who has designated an opportunity development zone pursuant to the former part of Article 23 (2) of the Act shall publicly notify such fact in the Official Gazette and notify the competent Mayor/Do Governor thereof without delay.

(4) "Matters prescribed by Presidential Decree, such as investment plans of enterprises, possibility of cluster formation" in the latter part of Article 23 (2) of the Act means the following:

1. Possibility of securing sufficient demand for occupancy by domestic and foreign companies;

2. Possibility of securing or connecting the settlement environment of workers, etc.;

3. Possibility of securing a site necessary for the development of an opportunity development zone and infrastructure, such as metropolitan transport networks, information and communications networks, water, electric power, etc.;

4. Economic feasibility of developing an opportunistic development zone;

5. Possibility of development in connection with major industries in areas home to opportunity development zones;

6. Other matters determined and publicly notified by the Minister of Trade, Industry and Energy as necessary for the designation of an opportunity development zone.

(5) Detailed standards for considerations under the subparagraphs of paragraph (4) shall be determined and publicly notified by the Minister of Trade, Industry and Energy.

Article 26(Deliberation procedures for determination of location of newly established public institutions) #

(1) Where the head of a central administrative agency intends to establish a public institution or grant new authorization pursuant to Article 25 (5) of the Act, he or she shall hear the opinions of the Mayors/Do Governors of the areas where the location is examined and then submit a draft location plan including the following matters to the Presidential Committee for Decentralization and Balanced Development after consulting with the Minister of Land, Infrastructure and Transport:

1. Purpose of establishment;

2. Scope and details of major projects;

3. Size of an institution, such as the fixed number of its employees and budget;

4. Desired location and reasons;

5. Opinions of Mayors/Do Governors;

6. Other matters determined and publicly notified by the Minister of Land, Infrastructure and Transport as necessary for deliberation on the determination of a location.

(2) In order to deliberate on a draft location plan submitted under paragraph (1), the Presidential Committee for Decentralization and Balanced Development may request the Minister of Land, Infrastructure and Transport to examine whether a newly established public institution under Article 25 (6) of the Act (hereinafter referred to as "newly established public institution") can be located in an innovation city, etc.

(3) The Presidential Committee for Decentralization and Balanced Development shall deliberate and resolve on a site plan submitted pursuant to paragraph (1) in consideration of local conditions and characteristics, functions of a newly established public institution, etc., and notify the results to the head of a central administrative agency who has submitted a site plan pursuant to paragraph (1) and the Minister of Land, Infrastructure and Transport.

(4) The head of a central administrative agency who is notified of the result pursuant to paragraph (3) shall annually submit a plan for requesting deliberation for determining the location of a newly established public institution to the Minister of Land, Infrastructure and Transport.

(5) The Presidential Committee for Decentralization and Balanced Development may implement policies necessary to systematically manage data on the current status of public institutions submitted pursuant to Article 25 (7) of the Act.

Article 28(Designation of regional innovation cluster) #

(1) "Zone, district, complex, or special zone prescribed by Presidential Decree, such as an administrative city, innovation city, enterprise city, free economic zone, etc." in Article 27 (1) of the Act means an area specified in Appendix 2.

(2) A Mayor/Do Governor who intends to apply for the designation of a regional innovation cluster pursuant to Article 27 (1) of the Act shall prepare a City/Do plan to foster a regional innovation cluster (hereinafter referred to as "cluster plan"), including the following matters, and submit it to the Minister of Trade, Industry and Energy:

1. Matters concerning the purpose of creating a regional innovation cluster;

2. Matters concerning the site selection of a regional innovation convergence complex, such as the location and area;

3. Matters concerning industries to be intensively fostered in a regional innovation cluster;

4. Matters concerning measures to attract domestic and foreign enterprises, research and development institutions, etc.;

5. Other matters determined and publicly notified by the Minister of Trade, Industry and Energy as necessary for promoting a regional innovation cluster.

(3) The Minister of Trade, Industry and Energy who intends to designate a regional innovation cluster pursuant to Article 27 (2) of the Act shall consult in advance with the heads of the relevant central administrative agencies.

(4) The Minister of Trade, Industry and Energy who has designated a regional innovation cluster pursuant to the former part of Article 27 (2) of the Act shall publicly notify such fact in the Official Gazette and notify the competent Mayor/Do Governor thereof without delay.

(5) "Matters prescribed by Presidential Decree, such as possibility of enterprise attraction and cluster formation" in the latter part of Article 27 (2) of the Act means the following:

1. The total size of the area for which an application is filed;

2. Geographical distance between areas for which applications are filed;

3. Settlement conditions for attracting domestic and international enterprises, research and development institutes, and excellent human resources;

4. Possibility of clustering and connection of enterprises, research and development institutes, etc. necessary for fostering local industries;

5. Feasibility of City/Do support plans;

6. Other matters determined and publicly notified by the Minister of Trade, Industry and Energy as necessary for the designation of a regional innovation cluster.

(6) Detailed standards for consideration under the subparagraphs of paragraph (5) shall be determined and publicly notified by the Minister of Trade, Industry and Energy.

Article 31(Fostering of regional innovation cluster) #

(1) In order to efficiently implement policies under Article 28 (1) of the Act, the Minister of Trade, Industry and Energy may select projects eligible for support and provide support within the budget.

(2) "Extenuating circumstances prescribed by Presidential Decree" in the latter part of Article 28 (2) of the Act means any of the following:

1. Where budgetary measures necessary for the implementation of policies are not accompanied;

2. Where the implementation of a policy is contrary to statutes or regulations or is significantly contrary to the purpose of the relevant policy.

(3) Upon receipt of a written request for supporting applications for approval or permission under the subparagraphs of Article 22 (2) of the Act (hereafter referred to as "permission, etc." in this Article) from a business operator who has moved into a regional innovation cluster, a City/Do support group for local era shall issue a receipt pursuant to Article 28 (3) of the Act; provided, where it is possible to immediately process the receipt, the issuance of the receipt may be omitted.

(4) When a City/Do support group for local era finishes handling a request for support under paragraph (3), it shall notify the requester of the results thereof in writing; provided, in cases of a request requiring prompt handling, notification may be given verbally or by telephone.

(5) "Period prescribed by Presidential Decree" in Article 28 (4) of the Act means the processing period specified in Appendix 1.

(6) The head of an agency in receipt of an application for permission, etc. may extend the processing period only once where reasonable and objective reasons are deemed to exist for not being able to process the application within the processing period specified in Appendix 1. In such cases, he or she shall determine and notify the additional period expected to be required for the application for permission, etc. and the processing thereof.

(7) A Mayor/Do Governor may establish or designate a regional innovation cluster promotional body to meet the standards determined by the Minister of Trade, Industry and Energy in order to foster regional innovation clusters in an administrative district under his or her jurisdiction.

Article 32(Selection of projects for mutually beneficial local jobs) #

(1) Where the head of a local government intends to apply for the selection of projects for mutually beneficial local jobs under Article 29 (1) of the Act (hereinafter referred to as "projects for mutually beneficial local jobs") pursuant to Article 29 (2) of the Act pursuant to Article 29 (2) of the Act, he or she shall submit a project plan including the following matters to the Minister of Trade, Industry and Energy. In such cases, if a person who intends to file such application is the head of a Si/Gun (including the head of a Gun in a Metropolitan City; hereinafter the same shall apply) or Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply), he or she shall consult in advance with the competent Mayor/Do Governor:

1. Administrative districts subject to application and economic subjects participating in projects;

2. Details of projects and implementation plans;

3. Expected short-, mid-, and long-term effects on the regional economy and jobs following the promotion of mutually-beneficial local job projects;

4. Support necessary for the efficient promotion of projects for mutually beneficial local jobs;

5. Other matters determined and publicly notified by the Minister of Trade, Industry and Energy.

(2) Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy may conduct an on-site survey or data collection on the project for which an application for projects for mutually beneficial local jobs is filed in order to examine matters referred to in the subparagraphs of Article 29 (4) of the Act.

(3) The Minister of Trade, Industry and Energy may evaluate the feasibility of the relevant project based on the results of the on-site survey and the collection of data under paragraph (2) and may provide the results thereof to the Deliberative Committee on Projects for Mutually Beneficial Local Jobs established under Article 29 (3) of the Act.

(4) Except as provided in paragraphs (2) and (3), matters necessary for the on-site survey, the collection of data, and project feasibility evaluation shall be determined and publicly notified by the Minister of Trade, Industry and Energy.

(5) Where the Minister of Trade, Industry and Energy has selected projects for mutually beneficial local jobs pursuant to Article 29 (4) of the Act, he or she shall notify the head of the relevant local government of such selection and the details of support and make public announcement thereof in the Official Gazette.

Article 36(Operation of Committee) #

(1) The chairperson of the Committee shall represent the Committee and exercise overall control over its affairs.

(2) Where the chairperson of the Committee is unable to perform his or her duties due to any unavoidable cause, a member designated in advance by the chairperson shall act on behalf of the chairperson.

(3) A meeting of the Committee shall be convened when the chairperson of the Committee deems it necessary, and the chairperson of the Committee shall preside over the meeting.

(4) Where the chairperson of the Committee intends to convene a meeting, he or she shall notify each member of the date, time, venue, and agenda items of the meeting in writing or by electronic document no later than 7 days before the date of the meeting; provided, if there is an urgent or unavoidable reason, it may be notified by the day preceding the date of the meeting.

(5) A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least a majority of those present.

(6) The Committee may require relevant parties, such as public officials of relevant central administrative agencies and local governments, interested persons of projects for mutually beneficial local jobs, etc., to attend a meeting and hear their opinions, if deemed necessary for deliberation.

(7) The Committee shall have 1 executive secretary to efficiently operate and support the Committee, who shall be appointed by the Minister of Trade, Industry and Energy from among the members of the Senior Executive Service in charge of affairs related to local industries or local jobs in the Ministry of Trade, Industry and Energy.

(8) A working subcommittee shall be established under the Committee to examine the agenda items to be deliberated upon by the Committee, and to process the matters delegated by the Committee.

(9) Allowances, travel expenses, and other necessary expenses may be paid to the members of the Committee and a working committee and persons who attend a meeting of the Committee, etc. under paragraph (6) within the budget; provided, this shall not apply where a public official attends a meeting in direct connection with his or her duties.

(10) The chairperson of the Committee who holds a meeting of the Committee shall prepare the minutes of the meeting, including the date, time, venue, summary of speech, matters to be decided, etc., and shall disclose them through the information and communications network, etc. within 2 months from the date of the meeting pursuant to Article 29 (11) of the Act.

(11) Except as provided in paragraphs (1) through (10), matters necessary for the operation of the Committee and a working committee shall be determined by the chairperson of the Committee after resolution by the Committee.

Article 42(Conclusion of regional development investment agreement) #

(1) The head of a local government who intends to conclude a regional development investment agreement under Article 31 (1) of the Act (hereinafter referred to as "regional development investment agreement") shall submit a regional development investment agreement proposal (hereafter referred to as "agreement proposal" in this Article) on a balanced regional development project he or she intends to promote jointly with the State or another local government to the Presidential Committee for Decentralization and Balanced Development after deliberation and resolution by a City/Do support group for local era.

(2) The Presidential Committee for Decentralization and Balanced Development shall immediately forward the draft agreement submitted pursuant to paragraph (1) to the head of the relevant central administrative agency and the Minister of Economy and Finance.

(3) The heads of the relevant central administrative agencies and the Minister of Economy and Finance shall submit their opinions on the draft agreement sent pursuant to paragraph (2) to the Presidential Committee for Decentralization and Balanced Development. In such cases, the heads of the relevant central administrative agencies shall consult with the Minister of Economy and Finance in advance on matters requiring the budget.

(4) The Presidential Committee for Decentralization and Balanced Development shall compile the opinions submitted under paragraph (3) to prepare review opinions, and determine the head of a central administrative agency to request him or her to prepare a draft regional development investment agreement (hereafter referred to as "draft agreement" in this Article) based on such opinions.

(5) As requested under paragraph (4), the head of a central administrative agency shall prepare a draft agreement after consultation with the head of the local government who has submitted the agreement proposal under paragraph (1) and deliberation and resolution by the Presidential Committee for Decentralization and Balanced Development. In such cases, he or she shall send the draft agreement to the head of another relevant central administrative agency.

(6) The heads of the relevant central administrative agencies and the heads of local governments shall jointly conclude an agreement on the draft agreement under paragraph (5).

(7) A Mayor/Do Governor shall hear the opinions of the head of a Si/Gun/Gu under the jurisdiction of the relevant City/Do before concluding a regional development investment agreement.

(8) The head of a local government shall determine a project on which a regional development investment agreement is concluded, in consideration of the following matters:

1. Relationship to the comprehensive plan for local era;

2. Scope of central administrative agencies involved in the promotion of projects;

3. Necessity of mid- to long-term budget support;

4. Necessity of promoting region-led projects;

5. Feasibility of project implementation and visibility of project results.

(9) Except as provided in paragraphs (1) through (8), matters necessary for the conclusion and operation of a regional development investment agreement shall be determined by the Minister of Land, Infrastructure and Transport after deliberation and resolution by the Presidential Committee for Decentralization and Balanced Development.

Article 46(Composition of Joint Committee for Consolidation Promotion) #

(1) The number of members of the relevant local governments (referring to the local governments subject to consolidation and the Special Metropolitan City, Metropolitan Cities, Dos, or Special Self-Governing Province having jurisdiction thereover; hereafter the same shall apply in this Article through Article 54) which constitute a Joint Committee for Consolidation Promotion under Article 46 of the Act (hereinafter referred to as the "Joint Committee") shall be calculated according to the following formula. In such cases, decimal points shall be deemed 1:

┌──────────────────────────────────────┐

│ │

│ Number of members of the relevant local government = (A × 6) + (B × 2) + 1 │

│ ────────────── │

│ Number of the relevant local governments │

│ │

│ A: Number of local governments subject to consolidation │

│ B: Number of the Special Metropolitan City, Metropolitan Cities, Dos, or Special Self- Governing Provinces having jurisdiction over local governments subject to consolidation │

└──────────────────────────────────────┘

(2) The members of the Joint Committee shall be commissioned in consideration of gender balance and shall be persons who have extensive knowledge of and experience in the field of local administration or who are highly trusted among the residents, and shall include persons who are neutral from the relevant local governments.

(3) The Joint Committee shall have 1 vice chairperson for each relevant local government, and the chairperson of the Joint Committee shall commission a person recommended by the head of the relevant local government from among its members as the vice chairperson.

(4) The Joint Committee shall deliberate on the following:

1.Matters regarding the development direction and strategy of the consolidated local government;

2. The name of the consolidated local government and the location of its office building;

3. Matters regarding the rearrangement of the business affairs of the consolidated local government;

4. Matters regarding the publicity of the consolidated local government;

5. Matters regarding the integration of residents of the consolidated local government and balanced regional development;

6. Other matters deemed necessary by the chairperson of the Joint Committee to promote the consolidation of local governments.

Article 60(Composition of subcommittees) #

(1) Where necessary to efficiently deliberate and resolve on matters referred to in the subparagraphs of Article 63 of the Act, the Presidential Committee for Decentralization and Balanced Development may establish a subcommittee under Article 64 (9) of the Act (hereinafter referred to as "subcommittee of the Presidential Committee for Decentralization and Balanced Development").

(2) A subcommittee under the Presidential Committee for Decentralization and Balanced Development shall perform the following:

1. Preliminary review and coordination of agenda items to be submitted to the meetings of the Presidential Committee for Decentralization and Balanced Development;

2. Other matters delegated by the Presidential Committee for Decentralization and Balanced Development.

(3) Each subcommittee of the Presidential Committee for Decentralization and Balanced Development shall be comprised of members appointed by the chairperson of the Presidential Committee for Decentralization and Balanced Development (hereinafter referred to as "chairperson of the Presidential Committee for Decentralization and Balanced Development") in consideration of gender balance, from among the members of the Presidential Committee for Decentralization and Balanced Development, and the number of members of each subcommittee may be different according to the characteristics of the affairs by field, workload, etc. of each subcommittee of the Presidential Committee for Decentralization and Balanced Development.

(4) The chairperson of a subcommittee under the Presidential Committee for Decentralization and Balanced Development (hereinafter referred to as "chairperson of a subcommittee under the Presidential Committee for Decentralization and Balanced Development") shall be appointed by the chairperson of the Presidential Committee for Decentralization and Balanced Development after deliberation and resolution by the subcommittee under the Presidential Committee for Decentralization and Balanced Development.

Article 62(Composition and operation of specialized committees) #

(1) An expert committee for each field (hereinafter referred to as "expert committee") may be established in the Presidential Committee for Decentralization and Balanced Development pursuant to Article 64 (10) of the Act.

(2) Members of each expert committee shall be commissioned by the chairperson of the Presidential Committee for Decentralization and Balanced Development from among persons who have extensive knowledge of and experience in local autonomy, decentralization and balanced regional development and members of the Senior Executive Service of the relevant central administrative agencies.

(3) Notwithstanding paragraph (2), the following persons shall be commissioned by the chairperson of the Presidential Committee for Decentralization and Balanced Development as members of the expert committee established to study and examine matters referred to in subparagraph 9 of Article 63 of the Act:

1. 1 public official of the Senior Executive Service of the Ministry of Economy and Finance, the Ministry of Education, and the Ministry of the Interior and Safety, who is each designated by the head of the agency to which he or she belongs;

2. 3 persons who have knowledge of and expertise in national administration and national finance and who are recommended by the Minister of Economy and Finance;

3. 3 persons who have knowledge and expertise in local administration and local finance, and are jointly recommended by the representatives of the consultative body under article 182 (1) 1 through 4 of the Local Autonomy Act;

4. 1 person recommended by the representatives of the consultative body under Article 42 (1) of the Local Education Autonomy Act, who has knowledge and expertise in local educational administration and local educational finance;

5. 2 persons recognized by the chairperson of the Presidential Committee for Decentralization and Balanced Development as having knowledge and expertise in the matters referred to in subparagraph 9 of Article 63 of the Act.

(4) The chairperson of a specialized committee shall be appointed by the chairperson of the Presidential Committee for Decentralization and Balanced Development, from among the members of the specialized committee.

(5) The term of office for a member who is not a public official, among members of a specialized committee, shall be 1 year.

(6) A meeting of an expert committee shall be convened where the chairperson of the Presidential Committee for Decentralization and Balanced Development or the chairperson of a subcommittee under the Presidential Committee for Decentralization and Balanced Development requests the convocation of the meeting, or where the chairperson of the relevant expert committee deems it necessary.

(7) An expert committee which studies and examines the matters deliberated by the Presidential Committee for Decentralization and Balanced Development may hear the opinions of the heads of the relevant central administrative agencies or the heads of the relevant local governments.

Article 65(Composition and operation of City/Do committee for local era) #

(1) A City/Do committee for local era shall be comprised of not more than 20 members, including 1 chairperson.

(2) The members of a City/Do committee for local era shall be commissioned or appointed by a Mayor/Do Governor from among the following persons who have extensive knowledge of and experience in local autonomy, decentralization, and balanced regional development, in consideration of gender balance:

1. A person recommended by the Presidential Committee for Decentralization and Balanced Development;

2. A person recommended by the head of a Si/Gun/Gu or the chairperson of a local council;

3. A person recommended by universities or colleges, research institutes, enterprises, public institutions, and non-profit organizations;

4. A members of the local council of the relevant City/Do;

5. A public official of the relevant City/Do;

6. Other persons who have expertise and competence necessary for promoting the autonomous development of a region.

(3) The chairperson of a City/Do committee for local era (hereinafter referred to as "chairperson of a City/Do committee for local era") shall be appointed by a Mayor/Do Governor from among commissioned members.

(4) The term of office of a member commissioned under paragraph (2) shall be 2 years; provided, the term of office of a member newly commissioned due to the resignation, etc. of a member shall be the remainder of his or her predecessor's term of office.

(5) The chairperson of a City/Do committee for local era shall convene and preside over meetings of the City/Do committee for local era.

(6) A majority of the members of a City/Do committee for local era shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least a majority of those present.

(7) Matters to be deliberated upon by a City/Do committee for local era under Article 67 (1) of the Act shall be as follows:

1. Matters regarding the formulation of City/Do plans and City/Do implementation plans;

2. Matters regarding the formulation of mid- to long-term strategies for the fostering, etc. of local industries and enterprises of the competent City/Do;

3. Matters regarding the implementation of policies for balanced regional development and tasks for local autonomy and decentralization promoted by the competent City/Do;

4. Matters regarding the evaluation and improvement of the operating system of policies for fostering regional specialized industries, etc. and revitalizing the regional economy promoted by the competent City/Do pursuant to Article 14 of the Act;

5. Matters regarding the development of depopulation areas within the competent City/Do;

6. Matters regarding the designation and development of opportunity development zones and regional innovation clusters under jurisdiction;

7. Other matters the chairperson of the Presidential Committee for Decentralization and Balanced Development refers to a meeting.

(8) Where necessary to efficiently deliberate and resolve on matters referred to in paragraph (7), a City/Do committee for local era may establish a subcommittee (hereinafter referred to as "subcommittee of a City/Do committee for local era").

(9) Except as provided in paragraphs (1) through (8), matters necessary for the composition, operation, etc. of a City/Do committee for local era shall be prescribed by ordinance of the relevant City/Do.

Article 66(Composition and operation of City/Do support group for local era) #

(1) A City/Do support group for local era shall handle the following affairs:

1. Support for holding and operating the meetings of City/Do support groups for local era or City/Do subcommittees;

2. Preliminary examination of matters referred to the meetings of City/Do support groups for local era or City/Do subcommittees and preparation of agenda items;

3. Specialized surveys and research related to the functions of a City/Do committee for local era;

4. Adjustment of roles and promotion of connection and cooperation among institutions related to local autonomy, decentralization, and balanced regional development of Cities/Dos;

5. Support for business operators who have moved into opportunity development zones and regional innovation clusters in administrative districts under the jurisdiction of a City/Do;

6. Connection and cooperation between institutions involved in super metropolitan cooperation of Cities/Dos, surveys and research, and business support;

7. Other business affairs regarding support for policies for City/Do balanced regional development and tasks for local autonomy and decentralization and support for the affairs of a City/Do committee for local era.

(2) A City/Do support group for local era shall be comprised of 1 head and members, and the head of the group shall be appointed by the Mayor/Do governor from among public officials in general service belonging to the City/Do.

(3) Where necessary to perform the affairs of a City/Do support group for local era, a Mayor/Do Governor may request central administrative agencies, local governments, public institutions under the Act on the Management of Public Institutions, government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, or related organizations, etc. to dispatch public officials, executive officers, employees under their jurisdiction, and may designate a specialized institution to support the efficient performance of the affairs of the City/Do support group for local era.

(4) The Minister of the Interior and Safety and the Minister of Trade, Industry and Energy may subsidize expenses necessary for the activities of a City/Do support group for local era within the budget.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the composition, operation, etc. of a City/Do support group for local era shall be prescribed by ordinance of the relevant City/Do.

Article 68(Planning office for local era) #

(1) The planning office for local era established under Article 68 of the Act shall perform the following affairs:

1. Matters regarding support for the operation of the Presidential Committee for Decentralization and Balanced Development, etc.;

2. Preparation, review, consultation, and coordination of agenda items to be presented for deliberation by the Presidential Committee for Decentralization and Balanced Development;

3. Specialized surveys, research, and support related to the functions of the Presidential Committee for Decentralization and Balanced Development;

4. Other matters designated by the chairperson of the Presidential Committee for Decentralization and Balanced Development in connection with the operation of the Presidential Committee for Decentralization and Balanced Development or its subcommittee or expert committee.

(2) The head of the planning office for local era shall be a member in general service of the Senior Executive Service and appointed by the chairperson of the Presidential Committee for Decentralization and Balanced Development; provided, where special reasons exist, such as securing expertise in local autonomy, decentralization, and balanced regional development, the chairperson of the Presidential Committee for Decentralization and Balanced Development may appoint a civilian expert with extensive knowledge and experience in relation to local autonomy, decentralization, and balanced regional development as the head of the planning office for local era.

(3) A civilian expert designated as the head of the planning office for local era pursuant to the proviso of Article 2 shall be appointed as a public official in a fixed term position.

(4) The secretary who assists the Presidential Secretariat in performing tasks related to the realization of the local era may concurrently serve as the head of the planning office for local era.

(5) The head of the planning office for local era shall exercise overall control over the business affairs of the planning office for local era under the direction of the chairperson of the Presidential Committee for Decentralization and Balanced Development, and direct and supervise the staff members under his or her control. In such cases, where the secretary who assists the Office of the President in performing tasks related to the realization of the local era pursuant to paragraph (4) concurrently serves as the head of the planning office for local era, he or she shall perform affairs jointly with the head under paragraph (2).

(6) The planning office for local era may require the Korea Institute for Advancement of Technology established under Article 38 of the Industrial Technology Innovation Promotion Act to establish and operate a regional innovation support center in order to establish, develop and manage the foundation for regional statistics under Article 32 of the Act, and to promote exchanges, cooperation, etc. with a City/Do committee for local era.

(7) Where necessary for the promotion, etc. of research tasks, the planning office for local era may have the Korea Research Institute for Human Settlements and the Korea Rural Economic Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, and the Korea Research Institute for Local Administration established under the Korea Research Institute for Local Administration Support Act perform research tasks, etc.

(8) Except as provided in paragraphs (1) through (7), matters necessary for the operation of the planning office for local era shall be determined by the chairperson of the Presidential Committee for Decentralization and Balanced Development after deliberation and resolution by the Presidential Committee for Decentralization and Balanced Development.

Article 69(Support organization for planning office for local era) #

(1) The Ministry of the Interior and Safety and the Ministry of Trade, Industry and Energy may establish a support organization (hereinafter referred to as "support organization") to support the affairs of the planning office for local era pursuant to Article 69 (1) of the Act, and such support organization shall perform the following affairs:

1. Support for the enactment and amendment of statutes or regulations related to local autonomy, decentralization, and balanced regional development;

2. Reporting to the State Council on local autonomy, decentralization and balanced regional development, and cooperation with the National Assembly;

3. Support for the formulation, operation, etc. of the comprehensive plan for local era;

4. Support for a local government that has established a super metropolitan area in the formulation, operation, etc. of plans for the development of the super metropolitan area;

5. Support for the formulation, operation, etc. of City/Do plans of a City/Do;

6. Education on local autonomy, decentralization and balanced regional development, establishment of statistics, and support for preparation of annual reports;

7. Support for the operation, etc. of a Si/Gun/Gu committee for local era;

8. Budget management of the Presidential Committee for Decentralization and Balanced Development;

9. Other affairs regarding support for policies deliberated and resolved on by the Presidential Committee for Decentralization and Balanced Development.

(2) The Ministry of the Interior and Safety shall take charge of matters regarding local autonomy and decentralization in connection with the affairs referred to in the subparagraphs of paragraph (1), and the Ministry of Trade, Industry and Energy shall take charge of matters regarding balanced regional development; provided, where a central administrative agency in charge in connection with the affairs referred to in the subparagraphs of paragraph (1) is not specified, the Presidential Committee for Decentralization and Balanced Development shall determine the central administrative agency in charge after hearing the opinions of the Ministry of the Interior and Safety and the Ministry of Trade, Industry and Energy.

(3) A support organization may be established in the relevant central administrative agencies, such as the Ministry of Economy and Finance and the Ministry of Land, Infrastructure and Transport, to support the affairs of the planning office for local era pursuant to Article 69 (1) of the Act, and such support organization shall perform the following affairs:

1. Support for a local government that has established a super metropolitan area in the formulation, operation, etc. of plans for the development of the super metropolitan area;

2. Support for the formulation, operation, etc. of City/Do plans of a City/Do;

3. Support for the preparation of annual reports;

4. Other affairs regarding support for the planning office for local era, and the promotion of policies for the balanced development of regions under jurisdiction and tasks for local autonomy and decentralization.

(4) The Minister of the Interior and Safety may require the Korea Local Administrative Research Institute established under the Korea Local Administrative Research Institute Support Act to establish and operate a research center for local autonomy and decentralization in order to support the affairs referred to in the subparagraphs of paragraph (1), and the Minister of Trade, Industry and Energy may require the Korea Institute for Industrial Economics and Trade established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes to establish and operate a research center for balanced regional development in order to support the affairs referred to in the subparagraphs of paragraph (1).

(5) The head of any central administrative agency, other than the Ministry of the Interior and Safety and the Ministry of Trade, Industry and Energy, may require an institution specializing in balanced regional development policies to establish and operate a support center for balanced regional development in order to support the affairs under the subparagraphs of paragraph (3).

(6) The Presidential Committee for Decentralization and Balanced Development may operate a council of ministries to efficiently connect and utilize affairs among support organizations.

Article 87(Provision of comprehensive subsidies) #

(1) The Minister of Economy and Finance who intends to grant a comprehensive subsidy to a project pursuant to Article 86 of the Act shall consolidate several similar projects with the same purpose into a single unit project, and comprehensively determine the use of the relevant project.

(2) The Presidential Committee for Decentralization and Balanced Development may establish policy goals for projects to be granted comprehensive subsidies and performance indicators for evaluating such projects pursuant to paragraph (1).

(3) The head of a local government shall autonomously determine projects subject to comprehensive subsidy to be implemented by the relevant local government and the details within the limits of the budget application determined by the Minister of Economy and Finance pursuant to Article 82 (1), but shall not use the comprehensive subsidy for any purpose other than the policy objectives established pursuant to paragraph (2).

(4) The head of a central administrative agency shall not adjust the amount of a project for which the head of a local government has filed an application for a comprehensive subsidy under paragraphs (1) through (3); provided, where the details of the comprehensive subsidy project for which the head of a local government has applied are different from the policy goals under paragraph (2), he or she may request the head of the relevant local government to supplement it.

(5) The Minister of Economy and Finance may adjust the amount of a project for which an application for comprehensive subsidy has been filed by the head of a local government in consideration of the following matters when compiling the budget. In such cases, the Minister of Economy and Finance shall hear the opinions of the head of the local government and shall not change the total amount of the comprehensive subsidy provided to the relevant local government:

1. Results of the execution of the budget for projects for which an application for comprehensive subsidy has been filed;

2. Results of evaluation conducted under Article 11 (1) of the Act;

(6) When evaluating a City/Do implementation plan pursuant to Article 11 of the Act, the Presidential Committee for Decentralization and Balanced Development shall measure whether policy objectives and performance indexes under paragraph (2) have been achieved, etc.

(7) Paragraphs (1) through (6) shall apply mutatis mutandis where an expenditure budget is compiled for projects determined by the Minister of Economy and Finance from among the Jeju Special Self-Governing Province account under Article 80 of the Act and the Sejong Special Self-Governing City account under Article 81 of the Act.

ENFORCEMENT DECREE OF THE SPECIAL ACT ON LOCAL AUTONOMY AND DECENTRALIZATION, AND BALANCED REGIONAL DEVELOPMENT

Article 1(Purpose) #

Article 2(Designation of growth promotion areas) #

Article 3(Designation of depopulation areas) #

Article 4(Other public institutions) #

Article 5(Procedures for formulating comprehensive plan for local era) #

Article 6(Modification to minor matters) #

Article 7(Guidelines for formulation of City/Do plans) #

Article 8(Procedures for formulation of City/Do implementation plans) #

Article 9(Guidelines for formulation of sectoral plans) #

Article 10(Procedures for formulation of sectoral implementation plans) #

Article 11(Procedures for formulation of super metropolitan development plans) #

Article 12(Procedures for formulation of implementation plan for development of super metropolitan area) #

Article 13(Consultation and coordination of implementation plan) #

Article 14(Self-evaluation of City/Do implementation plans) #

Article 15(Comprehensive evaluation of City/Do implementation plan) #

Article 16(Evaluation standards) #

Article 17(Establishment of evaluation advisory group) #

Article 18(Revitalization of regional economy) #

Article 19(Support for depopulation areas) #

Article 20(Designation of opportunity development zone) #

Article 21(Modification of designation of opportunity development zone) #

Article 22(Cancellation of designation of opportunity development zones) #

Article 23(Relocation of enterprises to provincial areas) #

Article 24(Relocation of universities to provincial areas) #

Article 25(Relocation of public institutions to provincial areas) #

Article 26(Deliberation procedures for determination of location of newly established public institutions) #

Article 27(Designation of innovation cities) #

Article 28(Designation of regional innovation cluster) #

Article 29(Modification of designation of regional innovation cluster) #

Article 30(Cancellation of designation of regional innovation cluster) #

Article 31(Fostering of regional innovation cluster) #

Article 32(Selection of projects for mutually beneficial local jobs) #

Article 33(Composition of Deliberative Committee on Projects for Mutually Beneficial Local Jobs) #

Article 34(Exclusion of, challenge to, or recusal of members) #

Article 35(Dismissal of members) #

Article 36(Operation of Committee) #

Article 37(Standards for calculation of usage fees and rent for state property) #

Article 38(Submission of results of promotion of support projects) #

Article 39(Revocation of selection of projects for mutually beneficial local jobs) #

Article 40(Details concerning selection of projects for mutually beneficial local jobs) #

Article 41(Promotion of super metropolitan cooperative projects) #

Article 42(Conclusion of regional development investment agreement) #

Article 43(Subject and scope of regional statistics surveys) #

Article 43-2(Survey on the current status of work allocation) #

Article 44(Support for handling of authority transfer and business affairs) #

Article 44-2(Investment for local autonomy and decentralization and response to local extinction) #

Article 45(Procedures for proposing consolidation of Sis/Guns/Gus) #

Article 46(Composition of Joint Committee for Consolidation Promotion) #

Article 47(Duties of joint chairpersons) #

Article 48(Meetings of Joint Committee) #

Article 49(Advisory members of Joint Committee) #

Article 50(Consolidation support group) #

Article 51(Bearing of expenses and allowances) #

Article 52(Request for dispatch of public officials) #

Article 53(Detailed rules for operation of Joint Committee) #

Article 54(Presentation of recommendations for names of consolidated local governments) #

Article 55(Adjustment of name of consolidated local government) #

Article 56(Special support to consolidated local governments) #

Article 57(Financial support for consolidated local governments) #

Article 58(Special cases concerning budget) #

Article 59(Dismissal of commissioned members of Presidential Committee for Decentralization and Balanced Development) #

Article 60(Composition of subcommittees) #

Article 61(Meetings of Presidential Committee for Decentralization and Balanced Development) #

Article 62(Composition and operation of specialized committees) #

Article 63(Advisory members of Presidential Committee for Decentralization and Balanced Development) #

Article 64(Operation of meetings of Presidential Committee for Decentralization and Balanced Development) #

Article 65(Composition and operation of City/Do committee for local era) #

Article 66(Composition and operation of City/Do support group for local era) #

Article 67(Composition and operation of Si/Gun/Gu committee for local era) #

Article 68(Planning office for local era) #

Article 69(Support organization for planning office for local era) #

Article 70(Allowances) #

Article 71(Request for surveys and research) #

Article 72(Detailed rules on operation of Presidential Committee for Decentralization and Balanced Development, its subcommittees, and specialized committees) #

Article 73(Collection of public opinion) #

Article 74(Collection and handling of opinions of local governments) #

Article 75(Annual report on comprehensive plans for local era) #

Article 76(Preparation of settlement report) #

Article 77(Management of affiliated property) #