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BALANCED REGIONAL DEVELOPMENT AND FOSTERAGE OF LOCAL SMALL AND MEDIUM ENTERPRISES ACT

BALANCED REGIONAL DEVELOPMENT AND FOSTERAGE OF

LOCAL SMALL AND MEDIUM ENTERPRISES ACT

[Enforcement Date: Dec. 10, 2009] [Act No. 9774, Jun. 9, 2009, Other Laws and Regulations Amended]

Ministry of Land, Transport and Maritime Affairs (Regional Policy Division) Tel.: 02-2110-8173

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to develop regional development potentials for the reasonable utilization, development and preservation of the national land and to induce voluntary participation of the private sector in regional development projects so that they may be efficiently carried out, and at the same time, to induce people to settle down in local areas and revitalize the local economy by actively fostering small and medium enterprises in local areas, and thereby to contribute to the balanced development of the national land. Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

1. The term "regional development plan" means the following plans which are to be established and carried out to induce the systematic regional development: (a) The Do comprehensive plan and the city/Gun comprehensive plans which are drawn up in accordance with the provisions of Article 6 (2) 2 and 3 of the Framework Act on the National Land;

(b) The urban master plan and the urban management plan that are drawn up in accordance with Articles 18 and 30 of the National Land Planning and Utilization Act; (c) The wide-area development project plan, the development plan for development promotion district, the development plan for specific region and the development plan for regional comprehensive development district pursuant to the provisions of Articles 5, 14, 26-4 and 38-3;

2. The term "regional development project" means a development project for the implementation of the regional development plan;

3. The term "private developer" refers to an individual or a corporation established under the Commercial Act or the Civil Act, and a regional development corporation established under Article 30

4. The term "private capital inducement project" refers to a regional development project to be carried out by a private developer with his/her own capital and technology, etc., in accordance with the private capital inducement plan under the provisions of Article 27

5. Deleted; and

6. The term "local small and medium enterprise" refers to any person falling under one of the following items, whose head office, main office or one of whose business places is located within the jurisdictional area of the Special Metropolitan City, a Metropolitan City, or a Do (hereinafter referred to as the "City/ Do"): (a) A small and medium enterprise operator under the provisions of Article 2 (1) or (2) of the Framework Act on Small and Medium Enterprises; and (b) A small and medium enterprise cooperative as prescribed in subsections 1 through 3 of Article 3 of the Small and Medium Enterprise Cooperatives Act. Article 3 (Responsibilities of State, etc.)

(1) The State shall establish policies so that the functions for the improvement of national standards of living and regional development such as public administration, industry, education, culture, tourism, etc. can be impartially located in the local regions, and devise supporting measures for the fulfillment of such policies. (2) The State and the local government shall secure, first of all, financial resources necessary for the establishment and implementation of the regional development plan, and, if necessary, may establish plans for private capital and technology, etc., to participate in the regional development project.

CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF WIDE- AREA DEVELOPMENT PROJECT PLAN

Article 4 (Designation of Wide-area Development Regions) (1) In the case where the Minister of Land, Transport and Maritime Affairs (hereinafter referred to as the "Minister") deems that a Metropolitan City and its vicinity, industrial complex and its hinterland, or several cities that are mutually adjacent and form a same living sphere, or that it is necessary to develop regions which need joint exploitation and management of resources on a wide-area basis, he/she may designate such areas a wide-area development region, and develop it. (2) In the case where the Metropolitan City Mayor or Do governor deems it necessary for the regional development, he/she may request the Minister to designate the whole or part of the jurisdictional area as a wide-area development region.

(3) In the case where the Minister intends to designate a wide-area development region under the provisions of section (1), he/she shall prepare a proposal for the designation of a wide-area development region under the conditions as prescribed by the Presidential Decree, and consult with the heads of the related central administrative agencies and the Metropolitan City Mayor or Do governor. This shall apply to the case of altering the designated wide-area development region: Provided that this shall not apply to the case of altering minor matters prescribed by the Presidential Decree.

(4) In the case where the Minister has designated or altered a wide-area development region under the provisions of section (1), he/she shall publicly announce the matters listed in the following subsections:

1. Name and scope of the wide-area development region;

2. Basic goal of the development;

3. Period of the designation; and

4. Other matters prescribed by the Presidential Decree. (5) In the case where the period of the designation, as provided in section (4) 3, has expired, the designation of a wide-area development region shall be deemed to be dissolved on the day following the expiration date.

Article 5 (Establishment of Wide-area Development Project Plan) (1) Where all or part of the jurisdictional area is included in a wide-area development region designated and publicly announced under the provisions of Article 4, the Metropolitan City Mayor or Do governor shall prepare a wide-area development project plan (hereinafter referred to as the "wide-area development plan"), after listening to the opinions of the head of city/Gun concerned, under the conditions as prescribed by the Presidential Decree, and submit the said plan to the Minister: Provided, that in a case where a wide-area development region extending over more than one Metropolitan City or Do has been designated, the Metropolitan City Mayors or Do governors concerned shall jointly prepare the wide-area development plan.

(2) Where the wide-area development region designated over more than one Metropolitan City/Do is necessary for the accomplishment of a goal of the State, the Minister may directly prepare the wide-area development plan after listening to the opinions of the Metropolitan City Mayors or Do governors concerned, or may designate the person to prepare the wide-area development plan among the Metropolitan City Mayors or Do governors concerned.

(3) Where the wide-area development plan is to be prepared under section (1) or (2), the opinions of the residents and experts concerned shall be listened to according to the conditions as prescribed by the Presidential Decree, and where the said opinions are deemed to be appropriate, the said opinions shall be reflected in the wide-area development plan. (4) Where the Minister has received the wide-area development plan prepared by the Metropolitan City Mayor or Do governor, or has prepared the wide-area development plan directly under the provisions of section (1) or (2), he/she shall consult with the heads of the central administrative agencies concerned, and decide on the plan, and this shall apply to a case where he/she intends to alter the plan: Provided, that this shall not apply to a case of changing minor matters prescribed by the Presidential Decree, such as changing the location where he/she is to undertake a development project on the grounds of topography, etc.

(5) When the Minister has decided on or altered any wide-area development plan in accordance with section (4), he/she shall publicly announce the details of such decision and alteration in the Official Gazette under the conditions as prescribed by the Presidential Decree. Article 6 (Contents of Wide-area Development Plan) The wide-area development plan under the provisions of Article 5 shall include detailed project plans concerning the following subject matters:

1. Matters concerning the utilization of the land located within the wide-area development area concerned such as industrial sites, residential complexes, amusement and rest areas, etc.;

2. Matters concerning the arrangement of such public facilities as traffic facilities, water supply facilities and sewerage facilities, etc., which are to be commonly used in the wide-areas concerned;

3. Matters concerning the installation of wide-area garbage treatment sites, wastes disposal facilities, etc.;

4. Matters concerning the development of cultural and tourism resources;

5. Matters concerning the preservation of environment such as protection of natural sceneries, preservation of ecosystem, and securing of green spaces, etc;

6. Matters concerning the scale of investment required for the implementation of such projects as listed in subsections 1 through 5; and

7. Other matters prescribed by the Presidential Decree, which are deemed necessary for the comprehensive development of the wide-area development region concerned. Article 7 (Relation with Other Plans)

When the Minister intends to establish a wide-area development plan under the provisions of Article 5, he/she shall first consider any development plan that was established under the provisions of other Acts, if available.

Article 8 (Implementation of Wide-area Development Plans, etc. )

(1) The projects which have been decided and publicly announced pursuant to a wide-area development plan under the provisions of Article 5 (5) shall be implemented in accordance with the procedures determined by each Act related to the relevant project.

(2) The Minister shall evaluate the results of the implementation of the wide-area development plan, under the conditions as prescribed by the Presidential Decree. (3) When it is necessary for evaluation under the provisions of section (2), the Minister may request the heads of the central administrative agencies concerned and the heads of the local governments to submit related data. In this case, the heads of the central administrative agencies concerned and the heads of local governments shall comply with such request unless there exist any special situations.

CHAPTER III PROMOTION OF REGIONAL DEVELOPMENT

PROJECTS

SECTION 1 Designation and Development of Development Promotion Districts

Article 9 (Designation of Development Promotion District) (1) In the case where the Minister deems it necessary to promote the development of the area that is considerably underdeveloped compared to other areas, he/she may directly or upon request from the Metropolitan City Mayor or the Do governor designate a development promotion district.

(2) The Metropolitan City Mayor or the Do governor shall, when he/she requests for the designation of any development promotion district under section (1), consult with the head of the city/Gun/Gu (referring to the autonomous Gu, and this shall apply hereafter) thereon in advance. (3) The head of the city/Gun/Gu, a person falling under Article 16 (1) 1 2 and 3, or a private developer who desires to participate in the regional development project may propose designation of a development promotion district to the Minister under the conditions as prescribed by the Presidential Decree.

Article 10 (Criteria for Designation of Development Promotion District) (1) In designating a development promotion district, the Minister shall designate within the minimum scope necessary for the accomplishment of the purpose of the designation after considering the requirements listed in the following subsections:

1. The gross product and the rate of financial self-reliance of the area shall be considerably lower than those in other areas;

2. The population of the area shall have been continuously decreasing or have been stagnant for a specified period of time;

3. Creation of a new income basis shall be necessary because the previous regional industries have deteriorated due to the changes in economic conditions; and

4. The rearrangement of the production and living environment shall be required for the balanced development between local areas.

(2) Detailed prerequisites for the designation of a development promotion district under the provisions of section (1) shall be prescribed by the Presidential Decree. Article 11 (Procedures, etc., for Designation of Development Promotion District) (1) When the Minister intends to designate a development promotion district, he/she shall in advance consult with the heads of the central administrative agencies concerned. The same shall apply to the case where alterations are to be made to the designation of the development promotion district: Provided that this does not apply to a case where alterations are to be made to such minor matters as prescribed by the Presidential Decree. (2) When the Minister designates a development promotion district, or alters the designation thereof, he/she shall give a public announcement of each of the following matters:

1. Scope of the development promotion district;

2. Basic direction of the development;

3. Period of the designation; and

4. Other matters prescribed by the Presidential Decree. (3) Deleted.

Article 11-2 (Cancellation of Designation of Development Promotion District) (1) When the designation period provided under Article 11(2) 3 has lapsed, the designation of the relevant development promotion district shall be deemed cancelled on the date following the date on which the designation period thereof has lapsed: Provided, that for the project district, among development promotion districts for which an approval of implementation plan pursuant to the provisions of Article 17 has been obtained before the designation period has elapsed, the designation of development promotion district shall be deemed cancelled on the date following the expiration date of the project period set by the implementation plan. (2) The Minister may, when any development project in any development promotion district is completed, or prospects for the development of such district vanish, cancel the designation of the relevant development promotion district directly or upon the request of the Metropolitan City Mayor or the Do governor after consulting with the heads of the central administrative agencies concerned and the head of the relevant local government. [This Article Newly Inserted by Act No. 6641, Jan. 26, 2002] Article 12 (Restriction on Designation of Development Promotion District) (1) No part of Capital Region including the Seoul Special Metropolitan City, the Incheon Metropolitan City and Gyeonggi-Do prescribed in the provisions of Article 2 of the Readjustment Planning Act shall be designated as a development promotion district.

(2) In the case where the Minister deems it necessary for the balanced development between local areas, he/she may decide on the total area allowed for development promotion districts per each of the Metropolitan Cities and Dos, under the conditions as prescribed by the Presidential Decree.

Article 13 Deleted. Article 14 (Establishment, etc. of Development Plan )

(1) In the case where a development promotion district has been designated and publicly announced under the provisions of Article 11, the head of the city/Gun/Gu shall, under the conditions as prescribed by the Presidential Decree, prepare a development plan for the development promotion district (hereinafter referred to as the "development plan"): Provided, that in a case where any development promotion district is designated for more than one city/Gun/Gu (referred to the autonomous Gu, and this shall apply hereinafter), the Metropolitan City Mayor or the Do governor shall prepare a development plan after consulting with the heads of cities/Guns/Gus. (2) When the Metropolitan City Mayor, the Do governor or the head of city/Gun/Gu has prepared a development plan in accordance with section (1), he/she shall decide on such development plan after consulting with the heads of the administrative agencies concerned thereon, and the same shall apply to a case where he/she intends to alter such development plan: Provided, that the same shall not apply to a case where minor matters prescribed by the Presidential Decree are altered or a location where a development project is to be undertaken is changed on the grounds of topography, etc.

(3) The Metropolitan City Mayor, the Do governor or the head of the city/Gun/Gu shall, notwithstanding the provisions of section (1), obtain an approval from the Minister for the project plan which is implemented by the State or to be financially supported for (hereinafter referred to as a "State-financed project plan") among development plans, and the same shall apply to the case where he/she intends to alter any approved project plan. (4) The Minister shall, when he/she intends to approve any State-financed project plan under the provisions of section (3), consult in advance with the heads of the central administrative agencies concerned thereon, and the same shall apply to the case where he/she intends to alter any approved project plan: Provided, that the same shall not apply to a case where minor matters prescribed by the Presidential Decree are altered or any location where a development project is to be undertaken is altered on the grounds of topography, etc.

(5) The Metropolitan City Mayor, the Do governor or the head of the city/Gun/Gu shall, when he/she intends to draw up a development plan under the provisions of sections (1) through (3), listen to the opinions of residents and the related experts under the conditions as prescribed by the Presidential Decree and reflect their opinions, if deemed appropriate, in such development plan. (6) The Metropolitan City Mayor, the Do governor or the head of the city/Gun/Gu shall, when he/she has established a development plan under sections (1) through (3) or has obtained an approval for a State-financed project plan from the Minister, publicly announce the details of such development plan and such State-financed project plan under the conditions as prescribed by the Presidential Decree.

(7) The development plan shall include the matters concerning the implementation of the following projects:

1. Creation of production basis and related projects;

2. Projects to install or improve the facilities for the improvements of the living environment of the residents concerned;

3. Infrastructure facilities rearrangement project for the development of the local area concerned such as transportation facilities, water supply facilities, etc.;

4. Projects which can contribute to the increase of the income of the residents concerned such as the development of tourist resorts, fostering specialized industries of the local area concerned, etc.;

5. Environment-related projects necessary for the preservation of the natural environment; and

6. Other projects as deemed to be necessary for the achievement of the goal of the designation of the development promotion district, selected by the Minister after consultation with the heads of the central administrative agencies concerned. (8) If the project developer has not applied for an approval of the implementation plan pursuant to the provisions of Article 17 within three years from the date of public announcement of the development plan under the provisions of section (6), the Metropolitan City Mayor, the Do governor or the head of the city/Gun/Gu shall investigate the status of progress of the project, reason for delay, etc. and submit a future arrangement plan to the Minister. In this case, when it is deemed necessary upon consideration of the future arrangement plan, etc., the Minister may have the Metropolitan City Mayor, the Do governor or the head of the city/Gun/Gu modify the development plan, or revoke the approval of the State-financed project plan pursuant to the provisions of section (3). Article 15 (Restrictions, etc. on Activities)

(1) In the event that a development plan has been publicly announced pursuant to the provisions of Article 14 (6), any person who intends to perform any activity falling under the following subsections within the region subject to development project shall obtain permission thereof from the head of the city/Gun/Gu. The same shall apply to the case where he/she intends to alter the permitted matters:

1. Construction of building: construction of a building pursuant to the provisions of Article 2 (1) of the Building Act, and alteration of use thereof;

2. Installation of structures;

3. Change in the forms and quality of land: the activities of changing forms and quality of land by means of the cutting of land, raising the ground level of land, leveling of ground, paving, etc. as well as reclamation of public waters;

4. Cutting and planting of trees;

5. Gathering of earth and rocks: the activities of gathering earth and rocks, such as soil, sands, aggregates, rocks, etc.;

6. Subdivision of land; and

7. Activities of piling up articles that may interfere with the implementation of the development project.

(2) Notwithstanding the provisions of section (1), the activities falling under any of the following subsections may be performed without permission:

1. Activities performed for emergency measures necessary for restoration from disaster or control of calamity; or

2. Other activities prescribed by the Presidential Decree. (3) Any person who has started construction work or business of activities for which the permission was obtained, or the permission was not required at the time of the public announcement of the development, and the permission is required under the provisions of section (1), may continue to implement such construction work or business after reporting to the head of the city/Gun/Gu as prescribed by the Presidential Decree. (4) The head of the city/Gun/Gu may order the person who has violated the provisions of section (1) to restore to the original state. In this case, if the ordered person fails to perform his/her duties, the head of the city/Gun/Gu may execute vicariously pursuant to the Administrative Vicarious Implementation Act.

(5) Excluding the provisions in this Act, provisions of Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the permission pursuant to the provisions of section (1).

(6) If permission is obtained in accordance with the provisions of section (1), it shall be deemed that permission is obtained under the provisions of Article 56 of the National Land Planning and Utilization Act.

[This Article Wholly Amended by Act No. 7695, Nov. 8, 2005] Article 16 (Project Developer)

(1) Any regional development project executed within a development promotion district (hereinafter referred to as the "district development project") may be implemented by the following persons, notwithstanding the provisions of other Acts:

1. The State or a local government;

2. Government-invested institutions prescribed by the Presidential Decree;

3. Local public enterprises under the Local Public Enterprises Act (hereinafter referred to as the "local public enterprise"); or

4. Any person other than those provided under subsections 1 through 3, designated as a project developer of the district development project. (2) The head of the competent city/Gun/Gu shall designate the project developer of a district development project (excluding the case where the State or the local government directly executes such project) as prescribed by the Presidential Decree after consideration of the matters in the following subsections. In this case, if it is deemed necessary for the financing of funds, or for the utilization of developed technologies, which are required for the implementation of the district development project in question, more than one project developer may be jointly designated, and in the case where the district development project extends over more than one city/Gun/Gu and no agreement is reached among the head of cities/Guns/Gus on the designation of the project developer as a result of their consultations, the Metropolitan City Mayor or the Do governor may designate the project developer of such project:

1. Contents and scale of project based on the development plan;

2. Capability to raise required fund;

3. Capability and experience in the implementation of regional development project; and

4. Connection, etc. with other regional development projects. (3) In designating the project developer pursuant to the provisions of section (2), for the district development project implemented in accordance with the proposal of designation pursuant to the provisions of Article 9 (3), the person who has proposed designation may be given priority in designation as the project developer.

(4) In the event that the Metropolitan City Mayor, the Do governor or the head of the city/Gun/Gu (hereinafter referred to as the "designator") has designated the project developer of a district development project under the provisions of section (2), he/she shall publicly announce the contents thereof under the conditions as prescribed by the Presidential Decree.

Article 17 (Approval of Implementation Plan)

(1) The project developer of a district development project shall prepare his/her implementation plan under the conditions as prescribed by the Presidential Decree, and shall obtain approval thereof from the designator: Provided, that if the State or the head of a local government prepares the implementation plan directly, the consultation with the head of the city/Gun/Gu shall be held, and such consultation shall be deemed to be the approval of the implementation plan.

(2) Any designator shall, when he/she intends to grant approval for an implementation plan in accordance with section (1), consult with the heads of the administrative agencies concerned thereon in advance. This shall apply to the case where the State or the head of any local government directly draws up such implementation plan.

(3) In the case where the designator has approved an implementation plan in accordance with the provisions of section (1), he/she shall give a public notice thereof under the conditions as prescribed by the Presidential Decree. The same shall apply where the State or the head of a local government has prepared the implementation plan directly.

(4) In the case where the designator gives a public notice of an implementation plan under section (3), and if the implementation plan includes a plan requiring the expropriation of land, buildings, or fixtures on the land, rights other than the ownership, mining license, fishing license, or the right of using water, concerning the said land, building, or fixtures of the land (hereinafter referred to as the "land, etc."), the designator shall include, in the public notice to be given, the detailed information on the address and name of the project developer of the district development project, the type of the project, and the land or building, etc., to be expropriated, and at the same time, shall notify the said information to the owners and the right holders of the land, etc.: Provided, that the notification may be omitted in the case where the project developer of the district development project has had consultation with the owners or right holders of the land, etc., before the said project developer has filed an application for approval of his/her implementation plan.

(5) The project developer may apply the provisions concerning land substitution of the Urban Development Act mutatis mutandis to the case where land substitution is needed for the implementation of a district development project.

(6) The provisions of sections (1) through (3) shall apply mutatis mutandis to the alteration of the implementation plan: Provided that this does not apply to the alteration of minor matters prescribed by the Presidential Decree.

Article 18 (Legal Fiction of Authorization, Permission, etc.) (1) In approving or preparing an implementation plan pursuant to the provisions of Article 17 by the designator, State or local government, the matters that have been consulted with the head of the related administrative agency pursuant to the provisions of section (3) regarding determination, permission, report, authorization, designation, approval, consultation, etc. (hereinafter referred to as the "authorization, permission, etc.") of the following subsections for the implementation plan shall be deemed as having received the respective authorization, permission, etc., and when the implementation plan has been publicly announced pursuant to the provisions of Article 17 (3), the public announcement or public notice of the authorization, permission, etc. under the related Acts shall be deemed to have been made:

1. Decision on the urban management plan under the provisions of Article 30 of the National Land Planning and Utilization Act, permission for development activities under the provisions of Article 56 of the same Act, designation of the project developer under the provisions of Article 86 of the same Act, authorization for implementation plan under the provisions of Article 88 of the same Act, and permission for a land transaction contract under the provisions of Article 118 of the same Act;

2. Permission under the provisions of subsections 1 and 3 of Article 34 of the Protection of Cultural Properties Act, and the permission for the use of the state-owned land under the provisions of the proviso of Article 70 of the same Act;

3. Permission for diversion of mountainous districts and the report on conversion report on diversion of mountainous districts under Articles 14 and 15 of the Management of Mountainous Districts Act, and permission and report on lumbering of standing trees, etc. under the provisions of Articles 36 (1) and (4) and 45 (1) and (2) of the Creation and Management of Forest Resources Act;

4. Permission for deforestation, etc. as prescribed in Article 14 of the Work against Land Erosion or Collapse Act, and revocation of the designation of the erosion control land as prescribed in Article 20 of the same Act;

5. Permission for or consultation on the diversion of the original usage of farmland as prescribed in Article 34 of the Farmland Act;

6. Deleted;

7. Authorization for general waterworks business under Article 17, 49, and 50 of the Water Supply and Waterworks Installation Act;

8. Permission for a public sewerage business as prescribed in Article 16 of the Sewerage Act;

9. Permission for the occupation and use of public waters as prescribed in Article 5 of the Public Waters Management Act, and authorization or report of an implementation plan as prescribed in Article 8 of the same Act;

10. Decision on the basic plan for reclamation as prescribed in Articles 4 and 8 of the Public Waters Reclamation Act, the license for the reclamation of public waters as prescribed in Article 9 of the same Act, and the consultation and approval as prescribed in Article 38 of the same Act;

11. Permission for the implementation of port construction work as prescribed in Article 9 (2) of the Harbor Act, and the approval of the implementation plan of a port construction work as prescribed in Article 10 (2) of the same Act;

12. Permission for the implementation of river construction work under Article 30 of the River Act, the permission for the occupation of a river under Article 33 of the same Act, and the permission for use of river water under the same Act;

13. Permission for the implementation of a road construction work as prescribed in Article 34 of the Road Act, and the permission for the occupation of a road as prescribed in Article 38 of the same Act;

14. Deleted;

15. Deleted;

16. Designation of the project developer under the provisions of Article 11 of the Urban Development Act, the authorization of establishment of the association under Article 13 of the same Act, the authorization of implementation plan under Article 17 of the same Act, and the authorization of the land substitution plan under Article 29 of the same Act;

17. Approval of a project plan under the provisions of Article 16 of the Housing Act;

18. Designation of a prearranged area under the provisions of Article 3 of the Housing Site Development Promotion Act, and the approval of the implementation plan under the provisions of Article 9 of the same Act;

19. Designation of an industrial complex under the provisions of Articles 6 through 8 of the Industrial Sites and Development Act, the approval of the implementation plan for the development of an industrial complex under the provisions of Articles 17 through 18-2 of the same Act, and the approval of the implementation plan for the development of an agricultural and industrial complex under the provisions of Article 19 of the same Act;

20. Permission for the diversion of the original usage of grassland as prescribed in Article 23 of the Grassland Act;

21. Deleted;

22. Examination on publication of the maps, etc. under Article 15 (3) of the Act on Land Survey, Waterway Survey and Cadastre;

23. Permission for the use under Article 30 of the State Properties Act;

24. Permission for implementation of small river construction work under Article 10 of the Small River Maintenance Act and the permission for occupation of small rivers under Article 14 of the same Act;

25. Permission for the reburial of abandoned graves under Article 23 (1) of the Funeral Services, etc. Act;

26. Designation of tourist destination and tourism complex pursuant to Article 52 of the Tourism Promotion Act, the approval of development plan pursuant to the provisions of Article 54 of the same Act, and the permission for the implementation of development project pursuant to the provisions of Article 55 of the same Act;

27. Permission for and report on construction of temporary buildings pursuant to the provisions of Article 20 of the Building Act;

28. Approval of business plans pursuant to the provisions of Article 12 of the Installation and Utilization of Sports Facilities Act; and

29. Permission of aggregate picking pursuant to Article 22 of the Aggregate Picking Act. (2) The project developer who intends to receive legal fiction of authorization, permission, etc. pursuant to the provisions of section (1) shall submit relevant documents prescribed by relevant Acts as well when applying for the authorization of implementation plan.

(3) When the designator, the State or a local government intends to approve or prepare the implementation plan which includes matters under any of subsections of section (1), he/she shall consult in advance with the heads of the administrative agencies concerned. In this case, the head of the related administrative agency shall submit his/her opinion within thirty days from the day he/she has been requested for consultation unless there are unavoidable reasons.

Article 19 (Expropriation of Land, etc.)

(1) The project developer may expropriate or use such land, etc. as needed for the implementation of the district development project: Provided, that in the case where the project developer of a district development project is a private developer (limited to the case where the rate of investments by private investors is 50/100 or more in the case of regional development corporation pursuant to the provisions of Article 30), he/she shall buy at least two thirds of the land on which his/her project is to be executed, and shall obtain the consent of not less than half of the total number of the land owners and building owners, respectively. (2) In the case where there has been the public notice of implementation plan under the provisions of Article 17 (3), it shall be deemed that there has been a project approval under the provisions of Article 20 (1) of the Act on the Acquisition and Compensation of Land and Others for Public Works and the public notice of the project approval under the provisions of Article 22 of the same Act.

(3) Any application for an adjudication with respect to land, etc. may be filed within a project period fixed in the implementation plan under Article 17, notwithstanding Articles 23 (1) and 28 (1) of the Act on the Acquisition and Compensation of Land and Others for Public Works.

(4) Excluding the cases where there are special provisions in this Act, Act on the Acquisition and Compensation of Land and Others for Public Works shall apply mutatis mutandis to the expropriation and use under the provisions of section (1). Article 20 (Reversion of Public Facilities and Land, etc.) In the event that the project developer has installed a new public facility (excluding parking place, sports ground and other facilities prescribed by the Presidential Decree) through the implementation of the district development project, or has installed a facility replacing the existing public facility, the provisions of Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the reversion thereof. [This Article Wholly Amended by Act No. 7695, Nov. 8, 2005] Article 21 (Restriction, etc., on Disposal of State and Public Land) (1) Parcels of land located within a development promotion district and owned by the State or a local government, as needed for a district development project, shall not be sold or transferred for any other purposes than those of a district development project. (2) Notwithstanding the provisions of the State Properties Act, the Local Finance Act, and other related laws and regulations, such properties as located within a development promotion district and owned by the State or a local government may be transferred under a private contract to the project developer of a district development project.

Article 22 (Transfer, etc., of Prepared Land, etc.) (1) In the case where the project developer of a district development project is the State or a local government, the project developer may transfer, under a private contract, the ownership of such facilities or lands prepared by the district development project to end users, notwithstanding the provisions of the State Properties Act, the Local Finance Act, and other related laws and regulations. In this case, the project developer may transfer the ownership of part of such facilities or lands which may be transferred to the original land owner, under the conditions as prescribed by the Presidential Decree.

(2) Under the conditions as prescribed by the Presidential Decree, the project developer of a district development project may receive, from the person who desires to buy or make use of the lands or facilities to be prepared by the said project developer of a district development project, the whole or part of the purchase prices in advance. Article 23 (Installation, etc., of Infrastructures) (1) The State and local government shall preferentially support the installation of such infrastructures as roads, water supply facilities, sewerage facilities, etc., for smooth implementation of the district development project. (2) The State and local government may provide support such as loan of funds, etc. for smooth implementation of a district development project.

Article 24 (Measures, etc. for Relocation)

(1) The project developer of a district development project shall formulate and implement relocation measures for the persons who are to lose their basis of living due to the district development project (hereinafter referred to as the "person subject to move"), under the conditions as prescribed by the Act on the Acquisition and Compensation of Land and Others for Public Works.

(2) The company that has moved into a development promotion district shall, when it hires its employees, give priority to the persons subject to move or the residents who live in the development promotion district and its adjacent area, unless there exists any special situations.

Article 25 (Mutatis Mutandis Application of This Act to Projects Executed in Places Other Than Development Promotion Districts)

In the case where a project prescribed by the Presidential Decree, which is related to the district development project and implemented in an area adjacent to the development promotion district, part of the provisions of this Act may apply mutatis mutandis under the conditions as prescribed by the Presidential Decree. Article 26 (Authorization for Completion of Development Project) (1) When the project developer of a district development project has completed the whole or part of his/her district development project, he/she shall obtain the authorization for completion from the designator under the provisions of Article 16 (2) according to the provisions as prescribed by the Presidential Decree: Provided, that if the State or the head of a local government is the project developer, consultation with the head of a city/Gun/Gu shall be held, and such consultation shall be deemed to be the authorization for completion.

(2) In the case where the designator has received an application for the authorization for completion as prescribed in section (1), he/she shall carry out such investigation as needed for the authorization for completion; and if he/she deems, as a result of the said examination, that the district development project concerned has been completed in accordance with its implementation plan as prescribed in Article 17, he/she shall grant the certificate of authorization for completion to the project developer of the district development project, and shall publicly announce it thereof.

(3) In the case where the project developer of a district development project has obtained the authorization for completion under section (1), he/she shall be regarded as having gone through, or obtained, the completion inspection or the authorization for completion, respectively, in regards to such matters subject to the legal fiction as prescribed in Article 18. (4) The project developer of a district development project shall not use such facilities or lands as prepared by the district development project, prior to the authorization of completion as prescribed in section (1): Provided that this shall not apply if there is no obstacle to the district development project. Article 26-2 (Evaluation of Development Plan)

(1) The Minister shall evaluate the results of the implementation of the development plan under the conditions as prescribed by the Presidential Decree.

(2) The Minister may, when it is necessary for the evaluation pursuant to the provisions of section (1), request the heads of the central administrative agencies concerned and the heads of the local governments to submit the relevant data. In this case, the heads of the central administrative agencies concerned and the heads of the local governments shall comply with such request unless there exist any special situations.

[This Article Newly Inserted by Act No. 6641, Jan. 26, 2002] SECTION 1-2 Designation and Development of Specific Regions

Article 26-3 (Designation and Public Announcement of Specific Region) (1) Where deemed necessary for the promotion of the balanced development of the regions, the Minister may, directly or upon request of the head of the central administrative agency or Mayor/Do governor, designate areas applicable to any of the following subsections as specific regions:

1. Regions where the foundation of a new local economy needs to be built due to the relocation or decline of major industries and infrastructures or the exhaustion of resources;

2. Regions where installation of infrastructure, development or rearrangement linked with surrounding regions are needed for the preservation and maintenance of historical and cultural heritages and development of tourism;

3. Regions that need permanent restoration and maintenance against natural and industrial disasters, etc.; and

4. Regions that need intensive development for the special economic and social objectives of the State.

(2) Matters necessary for the scale of the specific region, etc. pursuant to the provisions of section (1) shall be prescribed by the Presidential Decree. (3) When the Minister intends to designate any specific region, he/she shall consult with the heads of the central administrative agencies concerned and the relevant Metropolitan City Mayor or the Do governor in advance, and the same shall apply where he/she alters the designated specific regions: Provided, that the same shall not apply to the cases of altering minor matters prescribed by the Presidential Decree such as changing the location in which a development project is to be undertaken due to topography, etc.

(4) When the Minister designates any specific region or alters any designated specific region in accordance with the provisions of section (1), he/she shall publish the matters stated in the following subsections in the Official Gazette:

1. The name and boundary of the specific region;

2. The basic goal of development;

3. The period of designation; and

4. Matters prescribed by the Presidential Decree, including how to peruse relevant books, etc.

[This Article Newly Inserted by Act No. 6641, Jan. 26, 2002] Article 26-4 (Establishment of Specific Region Development Plan) (1) The Minister shall establish a specific region development plan according to the conditions prescribed by the Presidential Decree for the specific region designated and publicly announced under the provisions of Article 26-3 (4): Provided, that the specific regional development plan for the region designated by request of the Metropolitan City Mayor/Do governor shall be formulated by the relevant Metropolitan City Mayor or the Do governor and approved by the Minister; and in the event that the specific region is designated over two or more Metropolitan Cities/Dos, the specific region development plan shall be formulated jointly by the related Metropolitan City Mayors and the Do governors.

(2) When the Minister has established a specific region development plan or has received request for approval of a specific region development plan from the Metropolitan City Mayor/Do governor, he/she shall make a final decision on such plan through consultation with the heads of the relevant central administrative agencies and the relevant Metropolitan City Mayor or the Do governor, and the same shall apply to the case of altering the specific region development plan: Provided, that the same shall not apply to the cases of altering minor matters prescribed by the Presidential Decree such as changing the location in which a development project is to be undertaken due to topography, etc.

(3) When the Minister, the Metropolitan City Mayor or the Do governor intends to establish a specific region development plan under the provisions of section (1), he/she shall listen to the opinions of residents and relevant experts under the conditions as prescribed by the Presidential Decree and reflect their opinions, if deemed appropriate, in such plan. (4) When the Minister decides on or alters the specific region development plan under the provisions of section (2), he/she shall publicly announce the contents thereof in the Official Gazette under the conditions as prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 6641, Jan. 26, 2002] Article 26-5 (Designation of Project Developer)

(1) A person who intends to implement a regional development project in any specific region (hereinafter referred to as "specific region development project") shall be designated as a project developer by the Metropolitan City Mayor or the Do governor: Provided, that the same shall not apply to a case where the State or any local government implements such regional development project.

(2) The provisions of Article 16 shall apply mutatis mutandis to the designation of a project developer pursuant to the provisions of section (1). In this case, the terms "development promotion district", "regional development project" and "the head of city/Gun/Gu" shall be regarded as the "specific region", "specific region development project" and "Metropolitan City Mayor/Do governor" respectively.

[This Article Newly Inserted by Act No. 6641, Jan. 26, 2002] Article 26-6 (Approval of Implementation Plan)

(1) The project developer shall draw up an implementation plan and obtain approval thereof from the Metropolitan City Mayor or the Do governor under the conditions as prescribed by the Presidential Decree, and the same shall apply to the case where he/she intends to alter the approved implementation plan: Provided, that in the event that the State or the head of a local government draws up an implementation plan, he/she shall consult with the Metropolitan City Mayor or the Do governor thereon, and if such consultations are made, approval for such implementation plan shall be deemed to be obtained. (2) When the Metropolitan City Mayor or the Do governor intends to grant approval for an implementation plan in accordance with section (1), he/she shall consult with the heads of administrative agencies concerned thereon in advance. The same shall apply to the case where the State or the head of a local government draws up an implementation plan. (3) When the Metropolitan City Mayor or the Do governor has granted approval for an implementation plan in accordance with section (1), he/she shall give a public notice thereof under the conditions as prescribed by the Presidential Decree. The same shall apply to the case where the State or the head of a local government directly draws up an implementation plan.

[This Article Newly Inserted by Act No. 6641, Jan. 26, 2002] Article 26-7 (Mutatis Mutandis Application to Specific Region Development Project) The provisions of Articles 9 (3), 11-2, 15, 18 through 26-2 shall apply mutatis mutandis to the specific region development project. In this case, the term "development promotion district,", "development plan", and "district development project" shall be deemed as "specific region", "specific region development plan", and "specific region development project" respectively, and the term "head of city/Gun/Gu" in the proviso of Article 26 (1) shall be deemed as "Metropolitan City Mayor or the Do governor".

[This Article Newly Inserted by Act No. 6641, Jan. 26, 2002] SECTION 2 Implementation of Regional Development Projects by Private Developers

Article 27 (Establishment of Plan for Inducement of Private Capital )

(1) Where it is deemed necessary to induce private capital for the efficient implementation of the following regional development projects, the heads of the central administrative agencies, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor, the Special Self-Governing Do governor (hereinafter referred to as the "Mayor/Do governor") or the head of the city/Gun/Gu shall prepare an inducement plan of private capital:

1. Wide-area development project pursuant to the wide-area development plan established in accordance with the provisions of Article 5;

2. District development project pursuant to the development plan established in accordance with the provisions of Article 14;

3. Specific region development project pursuant to the specific region development plan established in accordance with the provisions of Article 26-4; and

4. Other regional development projects prescribed by the Presidential Decree. (2) The inducement plan of private capital prepared in accordance with the provisions of section (1) shall include all of the following matters:

1. The scope of the private capital inducement project, the implementation methods and conditions thereof;

2. The qualifications of the project developer of the privately-invested regional development project and the criteria for the selection of the said project developer;

3. Matters concerning support for the private capital inducement project; and

4. Other matters prescribed by the Presidential Decree. (3) When having prepared an inducement plan of private capital in accordance with section (1), the head of the central administrative agency shall decide on such plan after consulting with the heads of the administrative agencies concerned; and the Mayor/Do governor or the head of city/gun shall decide on such plan through the deliberation by the local urban planning committee under the National Land Planning and Development Act after consulting with the heads of the administrative agencies concerned: Provided, that in the event that an inducement plan of private capital is drawn up for development projects that are included in the wide-area development plan pursuant to the provisions of Article 5, the development plan pursuant to the provisions of Article 14 and the specific region development plan pursuant to the provisions of Article 26-4, consultations with the heads of the administrative agencies concerned may be omitted.

(4) In the event that the inducement plan of private capital has been decided on under the provisions of section (3), the head of the central administrative agency, the Mayor/Do governor, or the head of the city/Gun/Gu shall give a public notice thereof, and hold an explanatory meeting thereon under the conditions as prescribed by the Presidential Decree.

Article 28 (Conclusion of Contracts)

The heads of the central administrative agencies, the Mayor/Do governor or the head of the city/Gun/Gu shall make a contract with the person who intends to participate in a private capital inducement project over the following subject matters:

1. Matters concerning the implementation of the project;

2. Matters concerning the alterations of the project plan;

3. Matters concerning the follow-up management of facilities established by the project;

4. Matters concerning the distribution of the proceeds from the project; and

5. Other matters prescribed by the Presidential Decree. Article 29 (Implementation of Project)

The matters, which are not separately provided for in this Act in respect to the private capital inducement project, shall be in accordance with the conditions prescribed by the respective Act related to the relevant project.

Article 30 (Regional Development Corporation)

(1) Persons applicable to subsections 1 through 3 of Article 16 (1) and private investors may establish a corporation aiming to implement regional development projects (hereinafter referred to as a "regional development corporation") through joint investment.

(2) The persons who intends to establish a regional development corporation shall jointly prepare the articles of incorporation that include the following matters:

1. The purpose of the project;

2. Matters concerning the representative of the corporation;

3. The period of existence of the corporation, if any;

4. Matters concerning the ratio of investments and distribution of earnings; and

5. Other matters prescribed by the Presidential Decree. (3) Where a person falling under Article 16 (1) 1 through 3 makes investment pursuant to the provisions of section (1), he/she may invest the following properties in kind. In this case, the prices of the properties invested in kind shall be calculated under the conditions as prescribed by the Presidential Decree:

1. The miscellaneous properties pursuant to the provisions of Article 6 (3) of the State Properties Act and Article 5 (4) of the Public Property and Commodity Management Act;

2. Movables belonging to the miscellaneous properties referred to in subsection 1, pursuant to the provisions of Article 2 (1) of the Commodity Management Act and Article 48 of the Public Property and Commodity Management Act; and

3. The land created by regional development project. (4) For the matters which are not provided for in this Act in respect to the regional development corporation, the provisions concerning the stock corporation of the Commercial Act shall apply mutatis mutandis: Provided, that for a corporation established by the joint investment of local public enterprises and private investors, the provisions of the Local Public Enterprises Act shall apply mutatis mutandis.

Article 31 (Support for Private Capital Inducement Projects) (1) The heads of central administrative agencies, the Mayor/Do governor or the head of the city/Gun/Gu may take the following supportive measures for a private developer implementing private capital inducement projects after consultation with the heads of the administrative agencies concerned in accordance with the inducement plan of private capital pursuant to the provisions of Article 27:

1. Permission for occupation of public facilities;

2. Vicarious execution of affairs for the purchase of land, facilities, etc. required for the project;

3. Granting the right of developing neighboring land within the scope of guaranteeing profitability of the private developer; and

4. Other matters prescribed by the Presidential Decree. (2) Where there is a separate person having authority to grant permission for occupation of public facilities pursuant to the provisions of section (1) 1, the heads of the central administrative agencies, the Mayor/Do governor or the head of the city/Gun/Gu may request occupation permission to the person having authority to grant permission, and the requested person having authority to grant permission shall comply with such request unless there exists any special reason not to. Article 32 (Granting Management Right of Public Facilities) (1) The heads of the central administrative agencies, the Mayor/Do governor or the head of the city/Gun/Gu may grant management rights of the public facilities and their attached facilities which are established by the implementation of a private capital inducement project (hereinafter referred to as the "public facilities") to the private developer concerned.

(2) The private developer, who is in charge of the management of the public facilities as prescribed in section (1), may collect the price for utilization or use of such facilities (hereinafter referred to as " user fee ") from those who use or utilize the public facilities for a certain period of time.

(3) The user fee pursuant to the provisions of section (2), the period for collection thereof, the conditions for the collection, and other necessary matters shall be determined through consultation between the private developer concerned and the heads of the central administrative agencies, the Mayor/Do governor or the head of the city/Gun/Gu.

Article 33 (Prohibition, etc. of Limitation on Use of Public Facilities) (1) A private developer in charge of the management of the public facilities in accordance with the provisions of Article 32 shall not prohibit the general public from using or utilizing the public facilities unless there exist special situations such as natural disasters or similar calamities.

(2) In the case where a private developer in charge of the management of the public facilities, has not observed what has been agreed upon through the consultation as prescribed in Article 32(3), or has violated the provisions of section (1), the heads of the central administrative agencies, the Mayor/Do governor or the head of the city/Gun/Gu shall, without delay, order the private developer to correct the situation.

(3) In the case where a private developer does not comply with the corrective orders pursuant to the provisions of section (2), the heads of the central administrative agencies, the Mayor/Do governor or the head of the city/Gun/Gu may revoke the management right of the private developer.

SECTION 3 Deleted. Articles 34 through 38 Deleted. SECTION 4 Designation and Development of Regional Comprehensive Development District Article 38-2 (Designation of Regional Comprehensive Development District) (1) Where the Minister recognizes that the regional comprehensive development is necessary in order to establish a regional renovation platform such as the invitation of public institutions and to lead specialized development, he/she may designate a region applicable to any of the following subsections as a regional comprehensive development district directly or upon the request of the Mayor/Do governor:

1. A region where the implementation of a regional development project is intended in connection with the relocation policies of public institutions pursuant to the provisions of Article 18 of the Special Act on Balanced National Development (hereinafter referred to as the "public institutions") and the enterprises, universities and colleges pursuant to the provisions of Article 19 of the same Act; or

2. A region where it is necessary to execute simultaneously or gradually by mutually connecting the project for the creation of industrial, distribution, educational, research, cultural, tourism, residential, business complexes, etc. and the project for the installation of infrastructures.

(2) A person among the heads city/Gun/Gu and persons falling under Article 38-4 (1) 2 through 5, who intends to participate in the development project executed within the regional comprehensive development district (hereinafter referred to as the " comprehensive regional development project") may propose the designation of regional comprehensive development district to the Minister according to the conditions as prescribed by the Presidential Decree. (3) Where the Minister intends to designate a regional comprehensive development district pursuant to the provisions of section (1), he/she shall listen to the opinions of the competent Mayor/Do governor (excluding the case where it is designated upon the request of the Mayor/Do governor) and the head of the city/Gun/Gu in advance, and consult with the head of the central administrative agency concerned. (4) Where the Minister intends to designate a regional comprehensive development district, he/she shall listen to the opinions of the residents and relevant specialists, etc. according to the conditions as prescribed by the Presidential Decree: Provided that this does not apply to the matters that require secrecy for the purpose of national defense.

(5) When the Minister has designated a regional comprehensive development district pursuant to the provisions of section (1), he/she shall publicly announce the following matters:

1. The name, location and area of the regional comprehensive development district;

2. The purpose and period of the designation of the regional comprehensive development district;

3. The outline and implementation method of the regional comprehensive development project; and

4. Other matters prescribed by the Presidential Decree. (6) The provisions of sections (3) through (5) shall apply mutatis mutandis to the alteration of the designation of the regional comprehensive development district: Provided that this does not apply to the alteration of minor matters prescribed by the Presidential Decree. (7) The provisions of Articles 11-2 and 15 shall apply mutatis mutandis to the regional comprehensive development district. In this case, the terms "development promotion district" and "development project" in Article 11-2 shall be deemed as "regional comprehensive development district" and "regional comprehensive development project" respectively, and the terms "public announcement of development plan" and the "region subject to development project" in Article 15 shall be deemed as "public announcement of regional comprehensive development district" and "regional comprehensive development district" respectively.

(8) The Minister may revoke the designation of the regional comprehensive development district after the designation in the following cases:

1. Where an approval of the development plan for all or part of the regional comprehensive development district pursuant to the provisions of Article 38-3 has not been applied for within three years from the date of public announcement of the designation of the regional comprehensive development district pursuant to the provisions of section (5); or

2. Where an approval of the implementation plan for all or part of the regional comprehensive development district pursuant to the provisions of Article 38-5 has not been applied within three years from the date of the public announcement of the approval of the development plan for the regional comprehensive development district pursuant to the provisions of Article 38-3.

(9) The specific standards for designation and procedures for revocation of the regional comprehensive development district, and other necessary matters shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 7695, Nov. 8, 2005] Article 38-3 (Formulation of Development Plan for Regional Comprehensive Development District)

(1) Where a regional comprehensive development district has been designated and publicly announced, the head of the city/Gun/Gu (referring to the Mayor/Do governor where the regional comprehensive development district has been designated extending over two or more cities/Guns/Gus) who has jurisdiction over the regional comprehensive development district shall formulate a development plan for the regional comprehensive development district (hereinafter referred to as the "regional comprehensive development plan") as prescribed by the Presidential Decree and obtain approval from the Minister: Provided, that where the Minister recognizes it necessary, the Minister may directly formulate a regional comprehensive development plan in or designate a person and have him/her formulate such plan as prescribed by the Presidential Decree. (2) The regional comprehensive development plan pursuant to the provisions of section (1) shall include the following matters: Provided, that where it is unavoidable in the course of the formulation of the regional comprehensive development plan, the matters referred to in subsection 6 may be determined and included in the regional comprehensive development plan after the approval or formulation of the regional comprehensive development plan:

1. The name, location and area of the regional comprehensive development district;

2. The outline and purpose of the regional development project and the contents of connection;

3. The project developer, implementation method and implementation time of the regional comprehensive development project;

4. The outline of the land utilization plan and the plan for the installation of infrastructure;

5. The plan for raising financial resources;

6. The details of land, etc. to be expropriated or used; and

7. Other matters prescribed by the Presidential Decree. (3) When the Minister intends to approve or directly formulate a regional comprehensive development plan, he/she shall listen to the opinions of the relevant Mayor/Do governor and the head of city/Gun/Gu in advance and consult with the central administrative agency concerned. (4) When the Minister approves or formulates a regional comprehensive development plan or includes the matters referred to in section (2) 6 after approving the regional comprehensive development plan pursuant to the provisions of the proviso of section (2), he/she shall publicly announce them and forward the details to the competent head of city/Gun/Gu and make them available and viewable to the public.

(5) The provisions of sections (1), (3) and (4) shall apply mutatis mutandis where intending to alter the regional comprehensive development: Provided that this does not apply to the alteration of minor matters prescribed by the Presidential Decree. (6) When a regional comprehensive development plan has been approved and publicly announced pursuant to the provisions of section (4), it shall be deemed that there have been designation, approval and public announcement of the following subsections:

1. The formulation of the urban master plan and approval of alteration thereof pursuant to the provisions of Articles 18 and 22 of the National Land Planning and Utilization Act;

2. The designation of an urban development zone pursuant to the provisions of Article 3 of the Urban Development Act and the formulation of an urban development project plan pursuant to the provisions of Article 4 of the same Act;

3. The designation of a prearranged area pursuant to the provisions of Article 3 of the Housing Site Development Promotion Act and the approval of a housing site development plan pursuant to the provisions of Article 8 of the same Act;

4. The designation of a national industrial complex, general industrial complex and up-to- date city industrial complex pursuant to the provisions of Articles 6 through 7-2 of the Industrial Sites and Development Act;

5. The designation of a tourist destination and tourism complex pursuant to the provisions of Article 52 of the Tourism Promotion Act; and

6. The designation of a distribution complex pursuant to the provisions of Article 5 of the Promotion of Distribution Complex Development Act. (7) Detailed matters concerning the formulation, etc. of a regional comprehensive development plan shall be prescribed by the Presidential Decree. [This Article Newly Inserted by Act No. 7695, Nov. 8, 2005] Article 38-4 (Project Developer of Regional Comprehensive Development Project) (1) A person applicable to any of the following subsections may execute the regional comprehensive development plan:

1. The State or local government;

2. A government-invested institution prescribed by the Presidential Decree;

3. A local public enterprise;

4. A regional development corporation; and

5. A person prescribed by the Presidential Decree among public institutions or private developers, etc.

(2) For the regional comprehensive development project (excluding the cases where the State or local government executes directly), the head of the competent city/Gun/Gu (referring to the Mayor/Do governor where the regional comprehensive development district has been designated over two or more cities/Guns/Gus) shall designate a project developer under the conditions as prescribed by the Presidential Decree. In this case, where it is recognized as necessary for raising funds required for the regional comprehensive development project or the connection, etc. of two or more separate projects, multiple project developers of two or more may be designated. (3) Where the Mayor/Do governor or the head of the city/Gun/Gu intends to designate a project developer pursuant to the provisions of section (2), he/she shall designate such developer in accordance with the standards referred to in the subsections of Article 16 (2). (4) The provisions of Article 16 (3) shall apply mutatis mutandis to the designation of a project developer of the regional comprehensive development project. In this case, the term "district development project" shall be deemed as the "regional comprehensive development project".

[This Article Newly Inserted by Act No. 7695, Nov. 8, 2005] Article 38-5 (Approval of Implementation Plan)

(1) The project developer shall formulate an implementation plan as prescribed by the Presidential Decree and obtain approval from the Mayor/Do governor (referring to the Minister where the Minister has directly formulated the regional comprehensive development plan or has designated a person to formulate it in accordance with the provision of Article 38-3 (1), and the same shall apply hereinafter in this Article): Provided, that where the State or the head of a local government directly formulates an implementation plan, he/she shall consult with the head of the city/Gun/Gu, which shall be deemed as the approval of the implementation plan.

(2) Where the Mayor/Do governor has approved the implementation plan referred to in section (1), he/she shall publicly announce the contents thereof as prescribed by the Presidential Decree. The same shall apply where the State or the head of a local government has directly formulated the implementation plan.

(3) The provisions of Article 18 shall apply mutatis mutandis to the approval and public announcement of the implementation plan of the regional comprehensive development project.

(4) The provisions of sections (1) through (3) shall apply mutatis mutandis to the alteration of the implementation plan: Provided that this does not apply to the alteration of minor matters prescribed by the Presidential Decree.

(5) Where there is a need for land substitution related to the implementation of a regional comprehensive development project, the project developer may apply the provisions regarding land substitution in the Urban Development Act by applying mutatis mutandis. [This Article Newly Inserted by Act No. 7695, Nov. 8, 2005] Article 38-6 (Special Cases Concerning Implementation of Regional Comprehensive Development Project)

(1) Where necessary for the efficient implementation of the regional comprehensive development project, the project developer may execute all or part of the regional comprehensive development project, which has been included in the regional comprehensive development plan formulated pursuant to the provisions of Article 38-3, according to the conditions as prescribed by each Act referred to in the provisions of section (6) 2 through 6 of the same Article, notwithstanding the provisions of this Act. (2) The regional comprehensive development project may be executed step-by-step in accordance with the scale and contents of each development project. (3) Where several regional development projects are included in the regional comprehensive development plan, the project developer may reinvest part of the development gains from a specific regional development project in another regional development project within the regional comprehensive development district according to the conditions as prescribed by the Presidential Decree.

(4) In order to have the reinvestment pursuant to the provisions of section (3) executed without setback, the project developer shall take necessary measures such as classified accounting of the accrued development gains, etc. [This Article Newly Inserted by Act No. 7695, Nov. 8, 2005] Article 38-7 (Regional Comprehensive Development Agreement) (1) In order to efficiently promote the regional comprehensive development project, the Mayor/Do governor or the head of the city/Gun/Gu may enter an agreement on the implementation of regional comprehensive development project (hereinafter referred to as the "regional comprehensive development agreement") with the project developer according to the conditions as prescribed by the Presidential Decree and execute it. (2) Where the Mayor/Do governor or the head of the city/Gun/Gu recognizes it necessary for the efficient implementation of the regional comprehensive development plan, he/she may take partial charge of or execute jointly the development project in accordance with the regional comprehensive development agreement, or establish a regional development corporation.

(3) The contents of the regional comprehensive development agreement and other necessary matters shall be prescribed by the Presidential Decree. [This Article Newly Inserted by Act No. 7695, Nov. 8, 2005] Article 38-8 (Assistance to Regional Comprehensive Development Project Inviting Public Institutions)

(1) The head of the central administrative agency, the Mayor/Do governor or the head of the city/Gun/Gu may formulate measures for financial or administrative assistance to the regional comprehensive development project for relocation of the public institutions to the local provinces (hereinafter referred to as the "public institutions invitation project"). (2) The State or local government may assist in the construction expenses, etc. of infrastructure and public facilities when necessary for assisting the public institutions invitation project.

[This Article Newly Inserted by Act No. 7695, Nov. 8, 2005] Article 38-9 (Assistance, etc. with Disposal of Former Real Estate of Public Institutions) (1) In order to facilitate the relocation of public institutions to the local provinces, the State or local government may assist in the business of disposal, etc. of the former land and buildings (hereinafter referred to as the "former real estate") of the public institutions relocating to the regional comprehensive development district. (2) The Minister may request the government-invested institutions prescribed by the Presidential Decree to vicariously execute the sales of former real estate or to purchase it directly. (3) Where the government-invested institutions pursuant to the provisions of section (2) have suffered loss from the purchase of the former real estate, the State or local government may take necessary measures such as the formulation of support measures to compensate therefor.

[This Article Newly Inserted by Act No. 7695, Nov. 8, 2005] Article 38-10 (Mutatis Mutandis Application to Regional Comprehensive Development Project)

The provisions of Articles 19 through 26 shall apply mutatis mutandis to the regional comprehensive development project. In this case, the terms "development promotion district" and "district development project" shall be deemed as the "regional comprehensive development district" and "regional comprehensive development project" respectively, and the term "implementation plan" in Article 19 (2) and (3) shall be deemed as the "regional comprehensive development plan".

[This Article Newly Inserted by Act No. 7695, Nov. 8, 2005] CHAPTER IV FOSTERAGE OF LOCAL SMALL AND MEDIUM

ENTERPRISES

SECTION 1 Fostering Plan for Small and Medium Enterprises per City/Do Article 39 (Basic Guidelines)

(1) Based on the government policies for the upcoming year concerning small and medium enterprises, which the government submitted to the National Assembly in accordance with the provisions of Article 20 of the Framework Act on Small and Medium Enterprises, the Administrator of the Small and Medium Business Administration shall prepare the basic guidelines for fostering local small and medium enterprises for the upcoming year (hereinafter referred to as the "basic guidelines").

(2) The Administrator of the Small and Medium Business Administration shall instruct the basic guidelines prepared pursuant to the provisions of section (1) to the Mayor/Do governor by October 31 every year. Article 40 (Establishment of Fostering Plan)

(1) The Mayor/Do governor, who intends to foster the small and medium enterprises located in his/her jurisdictional area in accordance with the basic guidelines pursuant to the provisions of Article 39, shall prepare a fostering plan for the upcoming year for the small and medium enterprises located within his/her jurisdictional area (hereinafter referred to as the "fostering plan") and submit it first to the Minister of Public Administration and Security and then to the Administrator of the Small and Medium Business Administration by December 31 every year.

(2) The fostering plan prepared by the Mayor/Do governor shall include the following subject matters according to the conditions as prescribed by the Presidential Decree:

1. Matters concerning the collectivization of small and medium enterprises by regions or business types through the relocation of the enterprises or new establishment of factories and matters concerning the smooth supply of business sites;

2. Matters concerning the demand and supply of technologies and technical manpower;

3. Matters concerning the smooth facility investment of local small and medium enterprises and formation of the conditions for stabilized management thereof;

4. Matters concerning the promotion of efficiency of local small and medium enterprises operating businesses which support the manufacturing industry;

5. Matters concerning the sales of products and services manufactured or produced by the local small and medium enterprises;

6. Matters concerning the securing and operation of the local financial funds for the promotion of the fostering plan;

7. Matters requested by the Administrator of the Small and Medium Business Administration per City/Do in connection to subsections 1 through 5; and

8. Other matters prescribed by the Presidential Decree. Article 41 (Survey of Current Conditions)

(1) Prior to the establishment of the fostering plan, the Mayor/Do governor shall identify the current conditions and operational situation of the small and medium enterprises located within his/her jurisdictional sphere such as the number of the enterprises and the number of the employees of the enterprises per business type and scale of the enterprise via cooperation with relevant agencies.

(2) For the purpose of identifying the current conditions and operational situation of the small and medium enterprises located within his/her jurisdictional sphere pursuant to the provisions of section (1), the Mayor/Do governor may request the heads of the specialized local administrative agencies such as the Regional Tax Office, the Regional Labor Administration Office, the Regional Environmental Office, etc. in charge of the affairs related to the business activities within the jurisdictional area, or the heads of the agencies or other organizations concerned to forward necessary materials or to allow the perusal of the necessary materials, in which the requested heads of the specialized local administrative agencies or other organizations concerned shall comply with unless there exist any special situations not to.

(3) The Mayor/Do governor shall not use the materials acquired pursuant to the provisions of section (2) for any purpose other than for the establishment of the fostering plan pursuant to the provisions of Article 40.

Article 42 (Adjustment of Fostering Plans)

(1) In the event that the Administrator of the Small and Medium Business Administration has discovered, as a result of his/her examination of the support plans submitted by the Mayor/Do governor, that the said fostering plans conflicts with the government's fostering policies for small and medium enterprises, or there is overlapping or conflicts between the City/Do's fostering plans, the said Administrator may request the Mayor/Do governor to adjust the said fostering plans.

(2) The Mayor/Do governor who has been requested for the adjustment of the fostering plans referred to in section (1) shall comply with the request of the Administrator of the Small and Medium Business Administration unless there exist any special situations not to.

Article 43 (Promotion of Support Plans)

Where the head of a local government deems it necessary for the efficient promotion of the fostering plan, he/she may take the following measures:

1. Establishment of funds related to fostering of local small and medium enterprises pursuant to the provisions of the Local Autonomy Act or utilization of the said funds; and

2. Suspension of issuance of municipal bonds and collection of local taxes, according to the conditions as prescribed by the Local Finance Act and the Local Tax Act. Article 44 (Support for Fostering Plans)

(1) The government may provide administrative assistances in order for the Mayor/Do governor to promote the fostering plan without any setback, and the Administrator of the Small and Medium Business Administration may provide support in raising the funds pursuant to the provisions of subsection 1 of Article 43 according to the conditions as prescribed by the Presidential Decree. (2) The Mayor/Do governor shall use the contribution provided by the Administrator of the Small and Medium Business Administration pursuant to the provisions of section (1) only for the promotion of the fostering plan. (3) Where the Administrator of the Small and Medium Business Administration deems it necessary for the efficient promotion of the fostering plan or where there is a request from the Mayor/Do governor, the said Administrator may take necessary measures or may request the heads of the central administrative agencies concerned to take necessary measures.

Article 45 (Analysis of Performance of Fostering Plan) (1) The Mayor/Do governor shall analyze the performance of the promotion of the fostering plan each year and submit the results of the analysis to the Administrator of the Small and Medium Business Administration by the end of February of the upcoming year.

(2) The Administrator of the Small and Medium Business Administration shall reflect the results of the analysis of the performance of the promotion of the fostering plan submitted by the Mayor/Do governor pursuant to the provisions of section (1) in the basic guidelines.

SECTION 2 Creation of Business Environment for Small and Medium Enterprises per Region

Article 46 (Support for Establishment of Factories) (1) In order to provide support for the small and medium enterprises to be able to establish factories in each area without difficulties, the Administrator of the Small and Medium Business Administration may have the Small Business Corporation pursuant to the Promotion of Small and Medium Enterprises and Encouragement of Purchase of Their Products Act (hereinafter referred to as the "Small Business Corporation") operate any of the following businesses:

1. Establishment or acquisition of factories; or transfer or long-term lease of factories in possession to local small and medium enterprise operators;

2. Establishment of factories on behalf of the local small and medium enterprises who desire to establish factories;

3. Collection or supply of information related to the relocation of local small and medium enterprises, and counseling thereof;

4. Linking local small and medium enterprise who desire to relocate their businesses with local governments desiring to invite local small and medium enterprises; and

5. Other businesses prescribed by the Presidential Decree. (2) In the event that the Small Business Corporation transfers the ownership of its factory pursuant to the provisions of section (1), it may receive the price for the transfer of ownership of the factory by long-term installment payments within the period as prescribed by the Presidential Decree.

(3) The Small Business Corporation shall make efforts to lower the expenses ensuing from the establishment of factories for the local small and medium enterprises through methods such as development of standard types of factory per business type, region and business scale, etc. in conducting businesses pursuant to the provisions of section (1). Article 47 (Local Cooperative Technology Improvement) (1) Local small and medium enterprises and the institutions applicable to any of the following subsections may jointly or cooperatively conduct activities for technology improvement (hereinafter referred to as the "activities for local cooperative technology improvement"):

1. Local governments;

2. National and public research institutions;

3. Universities, colleges or junior colleges prescribed in the Higher Education Act;

4. Specific research institutions pursuant to the Support for Specific Research Institutions Act; and

5. Other institutions prescribed by the Ordinance of the Ministry of Knowledge Economy. (2) In order to provide support for the activities of local cooperative technology improvement, the Administrator of the Small and Medium Business Administration may establish the local cooperative technology improvement support center in a national or public research institution in the field of manufacturing industries prescribed by the Presidential Decree. (3) The local cooperative technology improvement support center shall conduct the following functions:

1. Cooperation with the relevant local government in order to facilitate the activities for local cooperative technology improvement;

2. Finding out and analyzing the technical difficulties in the manufacturing sites of the local small and medium enterprises;

3. Finding out and analyzing the capabilities of the institutions applicable to any of the subsections of section (1) of support for the activities for local cooperative technology improvement;

4. Linking the local small and medium enterprises which desire to conduct activities for local cooperative technology improvement with the institutions applicable to any of the subsections of section (1); and

5. Analysis of the current situation of the activities for local cooperative technology improvement conducted by local small and medium enterprises. (4) The Administrator of the Small and Medium Business Administration may designate an institution which has been highly active in developing technologies through the activities for local cooperative technology improvement (hereinafter referred to as the "model institution") among the institutions applicable to any of the subsections of section (1), and may provide support for all or part of the expenses required for the activities for local cooperative technology improvement conducted by the model institution.

Article 48 (Development and Local Settlement of Manpower) (1) Where the Small Business Corporation or the Korea Industrial Complexes Corporation pursuant to the Industrial Cluster Development and Factory Establishment Act intends to carry out a vocational training program for the employees of the local small and medium enterprises or the persons who desire to work for the local small and medium enterprises, the State or the local government may provide the following support:

1. Paid transfer of the ownership or long-term lease of the national or public land needed for the establishment of the training facilities; and

2. Other matters prescribed by the Presidential Decree. (2) In the event that the State or local government transfers or leases the national or public land to the Small Business Corporation or the Korea Industrial Complexes Corporation, pursuant to the provisions of section (1) 1, it may do so through a private contract, notwithstanding the provisions of the State Properties Act, the Local Finance Act or other related laws and regulations.

(3) In order to help the employees of local small and medium enterprises to comfortably settle down, the Government may provide long-term low interest rate housing loan to persons who satisfy the conditions prescribed by the Presidential Decree among those who desire to work for a local small or medium enterprise and settle down in the area where the said local small or medium enterprise is located. (4) The government may designate the local small and medium enterprises which satisfy the conditions prescribed by the Presidential Decree among those which intend to continuously develop technologies through activities for local cooperative technology improvement in collaboration with the model institution pursuant to the provisions of Article 47 as a designated company pursuant to the provisions of Article 36 of the Military Service Act. (5) The government may appoint a person, who is employed by the local small and medium enterprise selected as a designated company pursuant to the provisions of section (4) and intends to continuously conduct research activities in collaboration with the model institution for the development of such technologies as the said small and medium enterprise requires, as an expert research fellow under the Military Service Act in accordance with Article 37 of the same Act.

Article 49 (Administrative Support for Local Small and Medium Enterprises) The Administrator of the Small and Medium Business Administration may provide support for the local branches of the agencies conducting activities of supporting small and medium enterprises prescribed by the Presidential Decree to be located in a certain place for each region to effectively conduct the local supporting affairs for the local small and medium enterprises. Article 50 (Designation of Areas for Special Support for Local Small and Medium Enterprises)

(1) The Administrator of the Small and Medium Business Administration may designate an industrial complex located within the City/Do where the current condition of the industrial cluster and the consequent performance of the industrial production are substantially below the standards determined by the basic activation plan for industrial cluster development pursuant to the provisions of Article 3 of the Industrial Cluster Development and Factory Establishment as an area for special support for local small and medium enterprises.

(2) When the Administrator of the Small and Medium Business Administration has designated an area for special support for local small and medium enterprises pursuant to the provisions of section (1), he/she shall publicly announce it thereof, and the period of the designation shall be five years from the date of public announcement thereof.

(3) In establishing and implementing the fostering plan and promotion measures for creating business environments for small and medium enterprises for each region, the Small and Medium Business Administration and the Mayor/Do governor shall give preferential consideration to the development of local small and medium enterprises located within the area for special support for local small and medium enterprises.

CHAPTER V SUPPLEMENTARY PROVISIONS

Article 51 (Basic Survey, Access to Land, etc.)

(1) The State, a local government or the project developer of a regional development project may conduct the basic surveys for the establishment and implementation of a regional development plan according to the conditions as prescribed by the Presidential Decree. (2) Where it is necessary for conducting the basic surveys pursuant to the provisions of section (1), the person concerned may have access to the land occupied by other persons, or temporarily use the other's land as a yard for storing materials or as a temporary road, or alter or remove bamboos and trees, earth and rocks, and other obstacles in the other's land. (3) Any person who intends to gain access to the land of another person pursuant to the provisions of section (2) shall obtain permission thereof from the head of the city/Gun/Gu (excluding the case where the State or the head of a local government is the project developer) and notify the owner, occupant or manager of such land of the date and place of his/her access to the land not later than three days prior to the date on which he/she intends to enter the land. (4) Any person who intends to use the land of another person temporarily as a yard for storing materials or as a temporary road, or to alter or remove bamboos and trees(trees), earth and rocks and other obstacles shall obtain the consent thereof from the owner, occupant or manager of the relevant land. (5) In the case of section (4), when it is impossible to obtain the consent of the owner, occupant or manager of the land or obstacles because he/she is not present or his/her domicile or residence is unknown, such consent shall be obtained from the head of the city/Gun/Gu having jurisdiction over such land: Provided, that in the event that the State or the head of a local government is the project developer, the head of the city/Gun/Gu having jurisdiction over the land shall be notified of such fact.

(6) Any person who intends to temporarily use the land, or alter or remove obstacles pursuant to the provisions of section (4) or (5) shall notify the owner, occupant or manager of the relevant land of such fact not later than three days prior to the date on which he/she intends to use the land, or alter or remove obstacles.

(7) No person shall enter the land of another person, which is surrounded by a wall or fence before sunrise or after sunset without consent of the occupant of the relevant land.

(8) The occupant of the land shall not interfere with or reject any activity performed by the project developer pursuant to the provisions of section (2) without any justifiable reasons.

(9) Any person who intends to perform the activities pursuant to the provisions of section (2) shall carry a voucher indicating his/her authority and a permit and show them to the relevant persons, and necessary matters concerning the voucher and the permit shall be prescribed by the Minister.

Article 51-2 (Compensation for Loss)

(1) If any person suffers loss incurred by the activity pursuant to the provisions of Article 51 (2), the project developer shall compensate him/her for such loss. (2) With respect to the compensation for loss referred to in section (1), the person liable to compensate for such loss and the person who suffers such loss shall consult thereon. (3) In the event that the person liable to compensate for the loss and the person who suffers such loss fail to reach an agreement as a result of the consultations referred to in section (2) or are unable to consult thereon, they may file an application for adjudication to the competent Land Expropriation Committee.

(4) The provisions of Articles 83 through 87 of the Act on the Acquisition of Land, etc. for Act on the Acquisition and Compensation of Land and Others for Public Works shall apply mutatis mutandis to any adjudication by the competent Land Expropriation Committee pursuant to the provisions of section (3).

[This Article Newly Inserted by Act No. 6641, Jan. 26, 2002] Article 52 (Report and Inspection)

(1) Where it is deemed necessary for the efficient implementation such as evaluation of the regional development project, the relevant head of the central administrative agency, the Mayor/Do governor or the head of the city/Gun/Gu may, in accordance with the procedures prescribed by the Presidential Decree, order the project developer of the regional development project to make a report on the records of progress of the project, details of project cost injection, future plan, etc. or to submit materials, or may have a public official under his/her jurisdiction inspect the business affairs concerning the regional development project.

(2) The public official who intends to inspect the business affairs concerning a regional development project pursuant to the provisions of section (1) shall notify in advance the inspection plan, and carry with himself/herself a voucher indicating his/her authority, and show it to the persons concerned. Article 53 (Supervision)

(1) Where the project developer of a regional development project applies to any of the following subsections, the Minister, the Mayor/Do governor or the head of a city/Gun/Gu may revoke or order suspension of validity thereof, suspend the construction work or take other necessary dispositions:

1. Where the project developer has obtained such authorization, approval or designation pursuant to this Act by fraudulent or otherwise illegal means;

2. Where the regional development project concerned is impossible to be continuously executed due to changes in circumstances;

3. Where the project developer has violated an order pursuant to the provisions of Article 33 (2); or

4. Where the project developer has obstructed or refused the activities pursuant to the provisions of Article 52 (1) without justifiable reasons. (2) Deleted.

(3) When the Minister, the Mayor/Do governor or the head of a city/Gun/Gu has taken measures or dispositions pursuant to the provisions of section (1), he/she shall publicly announce thereof according to the conditions as prescribed by the Presidential Decree.

Article 53-2 (Hearing)

Where the head of the central administrative agency, the Mayor/Do governor or the head of a city/Gun/Gu intends to make a disposition falling under any of the following subsections, he/she shall hold a hearing:

1. Revocation of the management right of public facilities pursuant to the provisions of Article 33 (3); and

2. Revocation of authorization, approval or designation pursuant to this Act according to the provisions of referred to in this Act, under Article 53(1). [This Article Newly Inserted by Act No. 5453, Dec. 13, 1997] Article 54 (Reduction and Exemption of Taxes)

In order to smoothly execute the district development project and to promote the local small and medium enterprises by attracting local small and medium enterprises into an area for special support for local small and medium enterprises, etc. pursuant to the provisions of Article 50, the State or local government may reduce or exempt taxes, according to the conditions as prescribed by the Restriction of Special Taxation Act, the Local Tax Act and the Municipal Ordinances concerning the collection of local taxes, etc. Article 55 Deleted Article 56 (Delegation and Entrustment of Rights) The authorities of the Administrator of the Small and Medium Business Administration, the Minister or the Mayor/Do governor pursuant to this Act may be delegated to the Mayor/Do governor or the head of the city/Gun/Gu, or may be entrusted to the heads of agencies or organizations related to local small and medium enterprises such as the President of the Small Business Corporation, etc. according to the conditions as prescribed by the Presidential Decree. Article 57 Deleted. Article 58 (Penal Provisions)

A person who has performed the activity applicable to each of Article 15 (1) (including the case where the provisions are applied mutatis mutandis in Articles 26-7 and 38-2 (7)) without obtaining permission thereof shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won.

[This Article Wholly Amended by Act No. 6641, Jan. 26, 2002] Article 59 (Joint Penal Provisions)

In the event that a representative of a juristic person, or an agent, a servant or any other employee of a juristic person or an individual commits any offense under Articles 58 in connection with the affairs of said juristic person or an individual, the juristic person or individual concerned shall be subject to a fine prescribed by each of the relevant Articles in addition to the punishment of the offender. Provided, that the same does not apply where the juristic person or an individual has not been negligent in paying attention to and supervision of the relevant business affairs to prevent such offense. [Wholly Amended by Act No. 9603, Apr. 1, 2009]

Article 60 (Fine for Negligence)

(1) A person applicable to any of the following subsections shall be punished by a fine for negligence not exceeding 10 million won:

1. A person who has obstructed or rejected the activity pursuant to the provisions of Article 51 (2) without any justifiable reasons; and

2. A person who has performed the activity pursuant to the provisions of Article 51 (2) without obtaining permission or consent pursuant to the provisions of Article 51 (3) through (5).

(2) The fine for negligence referred to in section (1) shall be imposed and collected by the head of the city/Gun/Gu according to the conditions as prescribed by the Presidential Decree.

(3) through (5) Deleted [This Article Newly Inserted by Act No. 6641, Jan. 26, 2002] ADDENDA (Act on Land Survey, Waterway Survey and Cadastre)

Article 1 (Enforcement Date)

This Act shall take effect six months from its promulgation. Article 2 through 17 Omitted.

Article 18 (Amendment of Other Acts)

(1) through <39> Omitted.

<40> Part of the Act on Balanced Regional Development and Fosterage of Regional Small and Medium Enterprise shall be amended as follows: Subsection 22 of Article 18 (1) shall be as follows:

22. Examination on publication of maps, etc. under Article 15 (3) of the Act on Land Survey, Waterway Survey and Cadastre

<41> through <44> Omitted.

Article 19 Omitted.


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