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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON REGULATION OF LAND UTILIZATION

Enforcement Decree of the Framework Act on Regulation of Land Utilization

[Enforcement Date: Aug. 7, 2009] [Presidential Decree No. 21671, Aug, 5, 2009, Amendment of Other Laws and Regulations]

Ministry of Land, Transport and Maritime Affairs (Urban Regulation & Rearrangement Team)

Tel.: 02-2110-8220

Article 1 (Purpose)

The purpose of this Decree is to provide the matters delegated by the Framework Act on Regulation of Land Utilization and those necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 2 (Facilities subject to Preparation of Regulation Guide Book) The term "facilities such as housing, factory, etc. prescribed by the Presidential Decree" in Article 2 (2) of the Framework Act on Regulation of Land Utilization (hereinafter referred to as "Act") means the facilities falling under each of the following subsections:

1. Apartments according to subsection 2 (a) of the attached Table-1 of the Enforcement Decree of Building Act;

2. Tourist accommodation facilities according to subsection 15 (b) of the attached Table-1 of the Enforcement Decree of Building Act;

3. Factories according to section 17 of the attached Table-1 of the Enforcement Decree of Building Act;

4. Warehouses according to subsection 18-1 of the attached Table-1 of the Enforcement Decree of Building Act;

5. Golf courses according to attached Table-1 of the Installation and Utilization of Sports Facilities Act;

6. Ski slopes according to attached Table-1 of the Installation and Utilization of Sports Facilities Act; and

7. Other facilities closely related to the national economic activities prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. [This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 3 (Types of Areas, Districts, etc.)

The term "areas, districts, etc. prescribed by the Presidential Decree" in subsection 2 of Article 5 of the Act defines the areas, districts, etc. prescribed in the appended chart. [This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 4 (Criteria for Deliberation on Establishment of Areas, Districts, etc.) The term "matters prescribed by the Presidential decree" in Article 6 (1) 5 of the Act means the matters falling under each of the following subsections:

1. The procedures for the designation of areas, districts, etc. (including the cases where the scope of the area, district, etc. is directly designated without other designation process according to laws and regulations, or the self-governing ordinances and regulations; and the same shall apply hereinafter) shall be transparent and open; and

2. Where it is needed to set for provisions concerning continuance period or discontinuance depending on the purpose of the designation of areas, districts, etc., such provisions shall be set.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 5 (Submission of Written Plan for Designation and Operation of Areas, Districts, etc.)

(1) The written plan for designation and operation of the area, district, etc. (hereinafter referred to as "written operation plan") submitted by the head of central administrative agency or the head of local government under Article 6 (2) of the Act shall include the matters falling under each of the following subsections:

1. Name of the area, district, etc.;

2. Purpose and necessity of establishing areas, districts, etc. (including subdividing or altering the area, district, etc., and the same shall apply hereinafter);

3. The person having authority to designate the area, district, etc.;

4. Criteria and procedures for designation;

5. Contents of restriction on the acts in the area, district, etc.;

6. Provisional contents of the grounding laws and regulations or self-governing ordinances and regulations;

7. Prospect of designation of the area, district, etc.; and

8. Other matters concerning the designation and operation of the area, district, etc.. (2) In the event of submitting the written plan, the head of the central administrative agency or the head of local government shall carry out its own examination on whether the establishment of the area, district, etc. is suitable for the criteria falling under each subsection of Article 6 (1) of the Act, and attach the results thereof to the written plan. [This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 5-2 (Deliberation on Reinforcement of Restriction on Activity) (1) The term "matters prescribed by Presidential Decree" in article 6-2 (1) 3 of the Act means as follows:

1. The contents of establishment or reinforcement (hereinafter referred to as "reinforcement, etc") of restriction on activities in the area, district, etc. shall be specific and clear;

2. The procedures for reinforcement, etc. of restriction on activities in the area, district, etc. shall be transparent; and

3. The execution of reinforcement, etc. of restriction on activities in the area, district, etc. shall be administratively and technically easy.

(2) A written plan for reinforcement, etc. of restriction on activities in the area, district, etc. (hereinafter referred to as "written plan" in this Article) submitted by the heads of the central administrative agencies or local government pursuant to Article 6-2 (2) of the Act shall contain the following matters:

1. Name of the area, district, etc.;

2. Persons having authority to designate the area, district, etc., standards for designation, and procedures for designation;

3. Contents of and procedures for the existing restriction on activities in the area, district, etc.;

4. Contents of and procedures for reinforcement, etc. of restriction on activities in the area, district, etc.;

5. Necessity of reinforcement, etc. of restriction on activities in the area, district, etc.; and

6. Other effects ensuing from reinforcement, etc. of restriction on activities in the area, district, etc.

(3) In the event that the heads of the central administrative agencies or local governments submit the written plan pursuant to Article 6-2 (2) of the Act, they shall independently examine whether or not the reinforcement, etc. of restriction on activities in the area, district, etc. conforms to the standards under each subsection of Article 6-2 (1) and attach the result thereof to the written plan.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 6 (Hearing Opinions of Residents)

(1) In the case where the head of the central administrative agency or the Do governor intends to listen to the opinions of the local residents on the designation (including alteration, and the same shall apply hereinafter) of the area, district, etc. pursuant to Article 8 (1) of the Act, he/she shall forward the proposal for the designation of the area, district, etc., after clarifying the deadline for hearing the opinions of the residents, to the related Special Metropolitan City Mayor/the Metropolitan City Mayor/the Special Self-Governing Do governor/the head of city/Gun (excluding the mayor of Gun which is within the jurisdictional territory of the Metropolitan City, and the same shall apply hereinafter): Provided, That in the case where there exist unavoidable reason for not being able to forward the proposal for the designation of the area, district, etc. to the related Special Metropolitan City Mayor/the Metropolitan City Mayor/the Special Self-Governing Do governor/the head of city/Gun and to disclose it to the public, the head of the central administrative agency may hear the opinions of the residents directly. (2) The Special Metropolitan City Mayor/the Metropolitan City Mayor/the Special Self- Governing Do governor/the head of city/Gun who received the proposal for the designation of the area, district, etc. under section (1) shall publicly announce the main contents of the proposal for the designation of the area, district, etc. in more than one daily newspapers whose main distribution areas are the areas of the Special Metropolitan City/Metropolitan City/Special Self-Governing Do/city/Gun (excluding the Gun within the jurisdictional territory of the Metropolitan City, and the same shall apply in this Article), and bulletin boards and internet homepages of the relevant local governments, and make the proposal for the designation of the area, district, etc. available for the public perusal for not less than 14 days.

(3) Any person who has opinions on the proposal for the designation of the area, district, etc. publicly announced under section (2) may submit his/her written opinions during the perusal period to the Special Metropolitan City Mayor/the Metropolitan City Mayor/the Special Self-Governing Do governor/the head of city/Gun. In this case, the Special Metropolitan City Mayor/the Metropolitan City Mayor/the Special Self-Governing Do governor/the head of city/Gun shall submit the result of hearing the opinions of the local residents to the head of the central administrative agency or the Do governor immediately after the expiration of the public perusal period.

(4) In the event that the Special Metropolitan City Mayor/the Metropolitan City Mayor/the Special Self-Governing Do governor/the head of city/Gun intends to hear the opinions of the local residents on the designation of the area, district, etc. under the provisions of Article 8 (1) of the Act, he/she shall publicly announce the main contents of the proposal for the designation of the area, district, etc. in more than one daily newspapers whose main distribution areas are the areas of the Special Metropolitan City/Metropolitan City/Special Self-Governing Do/ city or Gun, and the bulletin board and the internet homepage of the relevant local government, and make the proposal for the designation of the area, district, etc. available for the public perusal for not less than 14 days. (5) Any person who has an opinion on the proposal for designation of the area, district, etc. publicly announced under the provisions of section (4) may submit the written opinion to the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self- Governing Do governor, the head of city/Gun or the head of Gu within the perusal period. (6) The head of the central administrative agency or the head of local government shall examine whether to reflect the opinions submitted under section (3) and section (5) in the proposal for the designation of the area, district, etc., and notify the result of the examination to the persons who submitted such opinions within 60 days after either the date of the receipt of the outcomes of listening to the residents' opinions under section (3), or the date the perusal period expires.

(7) The provisions under section (4) through (6) shall apply mutatis mutandis to the case where the head of the central administrative agency listens to the residents' opinion directly under the proviso of section (1). In this case, in section (4) and (5), "the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing Do governor, the head of city/Gun or the head of Gu" shall be deemed as "the head of the central administrative agency", and "the bulletin board and internet homepage of the relevant local government" shall be deemed as "the bulletin board and internet homepage of the central administrative agency" respectively.

(8) The term "the case of changing minor matters prescribed by the Presidential Decree" in the proviso of part other than each subsection of Article 8 (1) means cases of the following subsections:

1. Case of reducing the size of the area, district, etc.; and

2. Case of expanding the size of the area, district, etc. within the scope of ten percent. (9) The term "case prescribed by Presidential Decree" in Article 8 (1) 4 of the Act means the case of designating provisionally designated properties pursuant to Article 14 of the Protection of Cultural Properties Act.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 7 (Method of Preparation and Public Announcement of Topographic Drawing) (1) When preparing drawings clarifying the area, district, etc. on the topographic map including the cadastral matters (hereinafter referred to as "topographic drawing"), such drawings shall be prepared with a scale range of not less than 1 to 500 and not more than 1 to 1,500 (for the forest, control area, agriculture and forest area, and natural environment conservation area in the green area, such drawing may use a scale range of not less than1 to 3,000 and not more than 1 to 6,000).

(2) The topographic drawing prepared under section (1) shall use the database of topographic map showing the cadastral matters built up in the National Land Utilization Information System under Article 12 of the Act (hereinafter referred to as "National Land Utilization Information System")

(3) The cases where the topographic drawing is not prepared under the proviso of Article 8 (2) of the Act, or a drawing clarifying the area, district, etc. on the cadastral map (referring to the continuous cadastral map accumulated in the National Land Utilization Information System, and the same shall apply hereinafter) substituting the topographic map shall be prepared and publicly announced are as follows:

1. Cases where the topographic drawing is not prepared and publicly announced: (a) A case where the border line of the areas, districts, etc. matches the border line of administrative districts;

(b) A case where the scope of the area, district, etc. is directly designated under the laws and regulations or the self-governing ordinances and regulations without other designation process; and

(c) A case where the designation of the area, district, etc. is legally fictionalized under the laws and regulations concerned: Provided, That the case, where the relevant laws and regulations prescribes a drawing clarifying the area, district, etc. on the topographic map or cadastral map to be publicly announced at the time of designating the area, district, etc., while the public announcement of the topographic drawing, etc. is not fictionalized under the fictionalizing laws and regulations, shall be excluded.

2. Cases where a drawing clarifying the area, district, etc. on the cadastral map substituting the topographic map is prepared and publicly announced; and (a) A case where the area, district, etc. is designated in the area where development project such as urban planning project, housing site development project, etc. is completed;

(b) A case where the border line of the area, district, etc. is determined on the basis of the cadastral line; and

(c) A case where the database of the topographic map including the cadastral matters is not accumulated in the National Land Utilization Information System or the utilization of the topographic map is difficult due to a mismatch between topography and cadastre.

3. A case where a marine chart or a seabed topographic map can be utilized: A case where the area, district, etc. which includes seawater is designated (restricted to the surface of the sea).

(4) The term "case prescribed by the Presidential Decree" in the proviso of Article 8 (3) of the Act refers to any one of the following subsections:

1. A case where the relevant laws and regulations prescribes a drawing clarifying the area, district, etc. on the topographic map or cadastral map to be publicly announced at the time of designating the area, district, etc., and the public announcement of the topographic drawing, etc. is not fictionalized under the fictionalizing laws and regulations; and

2. A case where it is possible to clarify the area, district, etc. on the cadastral map, but the utilization of the cadastral map is difficult due to mismatch between cadastre and topography, etc.

(5) In the case where the drawing to be prepared under section (1) through (3) is more than two copies, a generalized map with a scale range of not less than 1 to 5,000 and not lower than 1 to 50,000 may be attached separately.

(6) In the event that the head of the central administrative agency or the head of local government publicly announces the designation of the area, district, etc. and the topographic drawing, etc. in the official gazette or official report under Article 8 (2) of the Act, he/she shall enter the same contents on the internet homepage of the central administrative agency or the local government.

(7) When the head of the central administrative agency or the head of local government publicly announces the fact that of the designation of the area, district, etc. has become invalid, all of the below shall be included in the public announcement:

1. Name, location, and size of the area, district, etc.;

2. Public announcement date of the designation of the area, district, etc.; and

3. Reason for losing validity of the designation of the area, district, etc. and the date of losing such validity.

(8) The term "matters prescribed by the Presidential Decree" in the main sentence of Article 8 (8) refers to each of the following subsections:

1. Name, location, and size of the area, district, etc.;

2. Planned public announcement date of the designation of the area, district, etc. and the planned date when it becomes effective; and

3. Topographic drawing and computerized data related thereto. (9) The term "matters prescribed by the Presidential Decree" in the proviso of Article 8 (8) of the Act refers to each of the following subsections:

1. A case where the topographic drawing is not prepared or publicly announced; and (a) Matters falling under section (8) 1 and 2 (including matters concerning the area, district, etc. falling under section (3) 1 (c)); and (b) Reasons for not preparing and publicly announcing the topographic drawing.

2. A case where the topographic drawing is publicly announced after the designation of the area, district, etc.

(a) At the time of designation of the area, district, etc.: Matters falling under section (8) 1 and 2 (including matters concerning the area, district, etc. falling under section (4) 1), and reasons that the public announcement of the topographic drawing, etc. at the time of the designation is difficult; and

(b) At the time of public announcement of the topographic drawing, etc.: Matters falling under section (8) 1 and 3, and the designation date of the area, district, etc. and the planned date of the public announcement of the topographic drawing, etc. (10) Necessary matters concerning the criteria for the preparation of the topographic drawing, etc., method of the preparation, and management of the drawing, etc. other than the matters prescribed under sections (1) through (9) shall be prescribed and publicly announced by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. [This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 8 (Notice of Establishment of Area, District, etc. and Change in Contents of Restrictions on Act)

(1) When the area, district, etc. is established, or contents of restrictions on the acts in the area, district, etc. are changed, the head of central the administrative agency shall, as provided in the first section of Article 9 (2) of the Act, give notice of the matters falling under each of the following subsections to the Minister not later than 7 days before the promulgation of the laws and regulations concerned:

1. Name of the area, district, etc. and contents of restriction on the activities;

2. Contents of the articles of the grounding laws and regulations;

3. In the case where the name of the area, district, etc. is changed, or the area, district, etc. is subdivided, a comparative table of the articles of the laws and regulations before and after the amendment, and the reasons thereof;

4. In the case where contents of restrictions on the acts are changed, a comparative table of the articles of the laws and regulations before and after the amendment, and the reasons thereof; and

5. Planned promulgation date of the grounding laws and regulations, and planned date when it becomes effective.

(2) In the case where the area, district, etc. is established or contents of restrictions on activities in the area, district, etc. are changed, the head of the local government shall give notice of the matters included in the following subsections to the Minister not later than 7 days before the promulgation of the relevant self-governing ordinances and regulations, under Article 9 (3) of the Act:

1. Name of the area, district, etc. and contents of restriction on the activities;

2. Contents of the articles of the founding self-governing ordinances and regulations;

3. In the case where the name of the area, district, etc. is changed, or the area, district, etc. is subdivided, a comparative table of the articles of the laws and regulations before and after the amendment, and the reasons thereof;

4. In the case where contents of restrictions on the acts are changed, a comparative table of the articles of the laws and regulations before and after the amendment, and the reasons thereof; and

5. Planned promulgation date of the founding self-governing ordinances and regulations, and planned date when it becomes effective.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 9 (Issuance of Written Verification of Land Utilization Plan) (1) Any person intending to apply for a written verification of land utilization plan under Article 10 (1) of the Act shall submit a written application (including application by electronic document, and the same shall apply hereinafter) for the issuance of written verification of land utilization plan prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs to the head of the Special Self-Governing Do governor, the head of city/Gun (including the head of Gun within the jurisdictional territory of a Metropolitan City, and the same shall apply hereinafter) or the head of Gu (referring to the head of autonomous Gu, and the same shall apply hereinafter). (2) Any person who intends to apply for the issuance of a written verification of land utilization plan under Article (1) may prepare and submit the written application for a written verification of land utilization plan to verify the matters excluding the matters under subsection 2 of Article 10 (1) of the Act.

(3) When receiving the written application for a written verification of land utilization plan under section (1) through (2), the Special Self-Governing Do governor, the head of city/Gun or the head of Gu shall issue a written verification of land utilization plan prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs (including verification by electronic document) to the applicant by using the National Land Utilization Information system.

(4) The term "other matters prescribed by the Presidential Decree" in subsection 3 of Article 10 (1) of the Act refers to the matters falling under each of the following subsections:

1. Area subject to permission of land transaction contract, designated under Article 117 of the National Land Planning and Utilization Act; and

2. Other matters needed to be notified of to the general public, which are prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. [This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 10 (Public Announcement of Regulation Guidelines) (1) The term "matters prescribed by the Presidential Decree" in Article 11 (4) 4 of the Act refers to the titles of the laws and regulations and self-governing laws and relevant articles related to the provisions of Article 11 (4) 1 through 3. (2) The term "matters such as planned date of public announcement, etc. prescribed by the Presidential Decree" in the first section of Article 11 (5) of the Act refers to each of the following subsections:

1. Planned promulgation date of the relevant laws and regulations, and the planned date of the public announcement of the change in regulation guide book;

2. The planned date on which the validity of the changed contents of the regulation guidelines becomes effective;

3. Contents of the regulation guidelines before and after the change; and

4. Contents of the articles of the relevant laws and regulations before and after the amendments thereof related to the change in contents of the regulation guidelines. (3) The term "matters such as planned date of public announcement, etc. prescribed by the Presidential Decree" in the first section of Article 11 (6) of the Act refers to the following subsections:

1. Planned promulgation date of self-governing ordinances and regulations and the planned announcement date of change in regulation guidelines;

2. Planned date on which the validity of changed contents of the regulation guidelines becomes effective;

3. Contents of the regulation guidelines before and after the change; and

4. Contents of the articles of the self-governing ordinances and regulations before and after the amendments thereof related to the change in contents of the regulation guidelines. [This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 11 (Formulation of Plan for Establishment of National Land Utilization Information System)

(1) The Minister shall formulate the plan for establishment of National Land Utilization Information System (hereinafter referred to as "establishment plan") including the matters falling under each of the following subsections every five years to promote the establishment, operation, and utilization of the National Land Utilization Information System.

1. Basic policy direction to promote the establishment, operation, and utilization of the National Land Utilization Information System;

2. Development, maintenance, and management of the National Land Utilization Information System;

3. Standardization of the National Land Utilization Information System, and development and operation of a compatible system;

4. Providing information through the National Land Utilization Information System;

5. Investment plan and financing plan for the establishment, operation, and utilization of the National Land Utilization Information System;

6. Training for expert manpower for the establishment, operation, and utilization of the National Land Utilization Information System; and

7. Other matters necessary for the promotion of the establishment, operation, and utilization of the National Land Utilization Information System. (2) In formulating or changing the establishment plan, if the matters subject to consultation with the head of the administrative agency concerned are included, the Minister shall consult with the relevant administrative agency in advance. (3) The establishment plan shall be compatible with the contents of the basic plan for the national spatial information policy and its execution plan under Articles 6 and 7 of the Act on National Spatial Information.

(4) In the event that the information system operator under Article 12 (1) of the Act (hereinafter referred to as "information system operator") establishes, operates, and/or utilizes the National Land Utilization Information System, he/she shall make it compatible with the establishment plan.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 12 (Information Management in the National Land Utilization Information System)

(1) The contents of the information managed by the National Land Utilization Information System shall be as follows:

1. Contents of the designation of the area, district, etc. for each lot; contents of and procedures for restriction on activities in the area, district, etc; and information concerning the regulation on land utilization such as the regulation guidelines, etc.;

2. Information concerning urban planning under Article 2 (2) of the National Land Planning and Utilization;

3. Information for space and character of land such as cadastre, topography, etc.; and

4. Other information related to the utilization, development, and preservation of the national land.

(2) In the case where there exists information which is established and managed by the head of administrative agency concerned, among the contents of information to be managed by the National Land Utilization Information System, the information system operator shall mutually link such information and utilize it. In this case, the head of the administrative agency concerned shall cooperate with this unless special circumstances exist. [This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 13 (Contents of Information Provided to the General Public) The term "matters prescribed by the Presidential Decree" in subsection 4 of Article 12 (2) refers to each of the following subsections:

1. Officially announced price of individual land under the Public Notice of Values and Appraisal of Real Estate Act;

2. Matters prescribed by each subsection of Article 9 (4); and

3. Other matters prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 14 (Formulation, etc. of Criteria for Establishment, Operation, and Utilization of National Land Utilization Information System)

(1) The Minister may formulate the criteria for the establishment of the National Land Utilization Information System, and input, maintenance, management, and utilization of data (hereinafter referred to as "criteria for the establishment and operation of the National Land Utilization Information System") to build the database, etc. established by the National Land Utilization Information System to be mutually compatible and to be precisely maintained and managed.

(2) In the event that there exist any matters to be consulted upon with the head of the administrative agency concerned in the contents of the criteria for the establishment and operation of the National Land Utilization Information System, which is formulated by the Minister, he/she shall consult with the head of the administrative agency concerned in advance.

(3) In the event that the information system operator establishes, operates, and utilizes the National Land Utilization Information System, he/she shall meet the criteria for the establishment and operation of the National Land Utilization Information System. (4) The Minister may require the information system operator to make a report which is necessary for supervision, order to submit data, and have the public officials belonging to the Ministry to inspect the operation status of the National Land Utilization Information System.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 15 (Preparation and Submission of Written Report on Regulation on Land Utilization)

(1) When necessary for the proper evaluation of the designation of the area, district, etc., and of the operation performance, etc., the Minister may prescribe the criteria for preparation of the written report on regulation on land utilization under subsection 1 of Article 13 (1) of the Act (hereinafter referred to as "written report"). (2) In the event that the Minister has prescribed the criteria for preparation of the written report, he/she shall give a notice thereof to the head of the central administrative agency and the head of local government.

(3) The heads of the central administrative agencies or local governments shall prepare the written report in accordance with the preparation standards prescribed by the Minister as provided for in section (1) every two years, and submit it to the Minister by March 31 of the following year.

(4) The written report shall include the matters falling under each of the following subsections:

1. Current status of establishment and dissolution of the area, district, etc.;

2. Purpose, criteria, and procedures for the designation of the area, district, etc.;

3. Performance and detailed current status of the designation of the area, district, etc.;

4. Contents of and procedures for restriction on activities and changed matters in the area, district, etc.;

5. When there is no designation of the area, district, etc., cause thereof and countermeasures in the future; and

6. Other matters related to the designation and operation of the area, district, etc. [This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 16 (Preparation and Submission of Written Evaluation on Contents of and Procedures for Restriction on Activity)

(1) The Minister shall, as provided for in Article 14 of the Act, have the Evaluation Board for Regulation on Land Utilization to investigate the contents of and procedures for restriction on activities in the area, district, etc. as of December 31, and prepare the written evaluation thereon (hereinafter referred to as "written evaluation"), and submit it by March 31 of the following year.

(2) The written evaluation shall include each of the following subsections:

1. Contents of and procedures for restrictions on the activities within the area, district, etc.;

2. The area, district, etc. established or dissolved, and contents of and procedures for restrictions on the activities;

3. Changed matters in contents of and procedures for restrictions on the activities within the area, district, etc.;

4. Outcomes of comparative evaluation of the contents of and procedures for restrictions on the activities in the areas, districts, etc. having similar purposes;

5. Matters which need system improvement upon consideration of the outcomes of the comparative evaluation under section (4); and

6. Other matters related to the evaluation of the contents of and procedures for restriction on activities.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 17 (Organization of Deliberation Committee for Regulation on Land Utilization) The members of the Deliberation Committee for Regulation on Land Utilization organized under Article 16 (3) of the Act (hereinafter referred to as "Committee" shall be any person falling under each of the following subsections:

1. One person for each agency appointed by each of the Minister of Strategy and Finance, the Minister of Defense, the Minister of Public Administration and Security, the Minister of Culture, Sports and Tourism, the Minister for Food, Agriculture, Forestry and Fisheries, the Minister of Knowledge Economy, the Minister of Environment, and the Minister, among high-ranking government officials belonging to each agency respectively; and

2. Any person who is recommended by each of the Minister of Strategy and Finance, the Minister of Defense, the Minister of Culture, Sports and Tourism, the Minister for Food, Agriculture, Forestry and Fisheries, the Minister of Knowledge Economy, the Minister of Environment, and the Minister respectively; and appointed respectively by the Minister for each Ministry, among any persons with profound academic knowledge and experience relating to the designation of the area, district, etc. [This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 18 (Convocation of Meeting)

In the event that the chairperson of the Committee intends to convene the Committee's meeting pursuant to Article 19 (1) of the Act, he/she shall notify each member of the Committee on the date and time, venue, and agenda of such meeting not later than 3 days before the opening date of the meeting: Provided, That this does not apply for the meeting which requires urgency.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 19 (Operation of Committee)

(1) In the case where it is deemed necessary, the Committee may request the head of the administrative agency concerned to submit the necessary data, and have the related public officials or private sector experts attend the meeting, and listen to the opinions. (2) Any head of the central administrative agency or the head of local government concerned with the agenda of the meeting may attend the Committee, and make speech on the agenda.

(3) The executive secretary of the Committee shall prepare the minutes every time a meeting is held, report them at the next meeting, and keep custody over them. [This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 20 (Operation Bylaws)

Excluding matters prescribed in Articles 18 and 19, the matters necessary for the operation of the Committee's meeting shall be determined by the chairperson upon the resolution of the Committee.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 21 (Allowances and Travel Expenses)

Allowances and travel expenses may be paid to the members and private sector experts attending the meeting within the limit of the budget: Provided, That the same shall not apply to the case where any member who is a public official attends the Committee's meeting that is directly related with his/her duties.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 22 (organization and Operation of Evaluation Board for Regulation on Land Utilization)

(1) The members of the Evaluation Board for Regulation on Land Utilization organized under Article 22 of the Act (hereinafter referred to as "Evaluation Board") shall be any person stated in the following subsections:

1. One person for each agency appointed by each of the Minister of Strategy and Finance, the Minister of Defense, the Minister of Public Administration and Security, the Minister of Culture, Sports and Tourism, the Minister for Food, Agriculture, Forestry and Fisheries, the Minister of Knowledge Economy, the Minister of Environment, the Minister of Land, Transport and Maritime Affairs, the Administrator of Cultural Heritage, and the Chief of Korea Forest Service among level 4 public officials to each agency respectively; and

2. Any person who is recommended by each of the Minister of Strategy and Finance, the Minister of Defense, the Minister of Culture, Sports and Tourism, the Minister for Food, Agriculture, Forestry and Fisheries, the Minister of Knowledge Economy, the Minister of Environment, and the Minister of Land, Transport and Maritime Affairs, respectively; and appointed respectively by the Minister for each Ministry, from any persons with profound academic knowledge and experience relating to the designation of the area, district, etc..

(2) The expenses required for performing the affairs falling under each subsection of Article 22 (1) of the Act shall be paid within the limit of budget. (3) Excluding matters prescribed in sections (1) and (2), the matters necessary for the operation of the Evaluation Board shall be determined by the chairperson upon the resolution of the Committee.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] Article 23 (Entrustment of Authority)

(1) The term "institution or organization prescribed by the Presidential Decree" in Article 23 of the Act refers to any public institution under Article 5 of the Act on the Management of Public Institutions.

(2) The information system operator may, for the efficient operation of the National Land Utilization Information System, designate one or more institution(s) or organization(s) to be entrust with the operation of the National Land Utilization Information System from institutions or organizations falling under section (1), for entrustment. (3) In the event that the information system operator entrusts the affairs on the operation of the National Land Utilization Information System under section (2), the information system operator and the institutions or organizations to be entrusted (hereinafter referred to as "entrusted operator") with it shall prepare a written entrustment contract, which contains the affairs including each of the following subsections:

1. Design and composition of the National Land Utilization Information System;

2. Installation and management of computer, communication facilities, etc. for the establishment and operation of the National Land Utilization Information System;

3. Security management for the database, etc.;

4. Survey for the demand for the National Land Utilization Information System and various kinds of surveys for data;

5. Training on the operation of the National Land Utilization Information System;

6. Support for the operation of the National Land Utilization Information System for the local government; and

7. Other affairs in which the information system operator deems necessary. (4) The information system operator may have the entrusted operator submit the execution performance of the entrusted affairs of the year and the execution plans for the following year.

(5) The information system operator may provide necessary funds, facilities, technology, or administrative support for the entrusted operator for smooth operation of the National Land Utilization Information System.

[This Article Wholly Amended by Presidential Decree No. 21671, Aug. 5, 2009] ADDENDA (Enforcement Decree of the Act on National Spatial Information Article 1 (Enforcement Date)

This Act shall enter into effect on Aug. 7, 2009. Articles 2 Omitted.

Article 3 (Amendment of Other Laws and Regulations) (1) Omitted.

(2) Part of the Enforcement Decree of the Framework Act on Regulation of Land Utilization shall be changed as follows:

The term "the basic plan for the national geographic information system and its execution plan under the provisions of Article 5 of the Act on Establishment and Utilization of the National Geographic Information System and Article 6 of the same Act" shall be changed to "the basic plan for the national spatial information policy and its execution plan under Articles 6 and 7 of the Act on National Spatial Information". The term "professional technology assistance institutions designated under Article 13 of the Act on Establishment and Utilization, etc. of National Geographic Information System" in Article 23 (1) 3 shall be changed to "management institutions under Article 9 of the Act on National Spatial Information".


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