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Laws of the Republic of Korea |
[Enforcement Date: Dec. 31, 2008] [Presidential Decree No. 21215, Dec. 31, 2008, Amendment of Other Laws and Regulations]
Ministry of Education, Science and Technology (Facilities Planning Officer) Tel.: 02-2100-6200
Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the School Facilities
Projects Promotion Act and those necessary
for the enforcement thereof.
Article 1-2 (Other Facilities)
The term "facilities prescribed by the Presidential Decree" in item (c) of Article 2 (1) of the
School Facilities Project Promotion
Act (hereinafter referred to as the "Act") means the
facilities falling under any of the following subparagraphs: 1. Auditoriums installed in the sites for school buildings or playgrounds;
2. Lifelong educational establishments for cultural education or vocational education for
students installed in the sites for school
buildings or playgrounds pursuant to Article 30
(1) of the Lifelong Education Act;
3. Warehouses, gate keeper office, outdoor toilets or official residences installed in the
school building sites, the playgrounds,
or in the practice areas of vocational high schools
and special schools;
4. Parking facilities installed in the basement of lifelong educational establishments as
prescribed in subparagraph 2;
5. Facilities of the closed schools operated directly by the supervisory authorities as
prescribed in Article 6 of the Elementary
and Secondary Education Act (hereinafter
referred to as a "supervisory authority") for the field study and mental and physical
training; and
6. Mixed-use facilities installed in accordance with Article 3-2 of the Regulations for
Establishment and Operation of Schools of
Various Levels Not Higher than High School.
[This Article Newly Inserted by Presidential Decree No. 16981, Oct. 18, 2000]
Article
2 (Application for Approval of Execution Plan)
(1) A person who intends to obtain approval on the execution plan for the school
facilities
projects (hereinafter referred to as the "execution plan") pursuant to the provisions of Article
4 (1) of the Act shall
submit the execution plan (including an electronic execution plan)
accompanied by the following documents (including an electronic
document) to the
supervisory authority:
1. The record of the lands to be expropriated or used (referring to the record which contains
the locations, lot numbers, land categories,
areas, details of rights other than ownership,
and the names and addresses of the owners and those who have the surface rights,
servitudes, rights to lease on a deposit basis, mortgages, rights to the loan for use or
rights to lease, and other rights concerning
the lands);
2. The record of the buildings to be expropriated or to be used (referring to the record
which contains the locations, lot numbers,
structures of the buildings, floor areas, total
floor areas, details of rights other than ownership, and the names and addresses
of the
owners and those who have the rights to lease on a deposit basis, mortgage, rights to
loan for use or rights to lease, and
other rights concerning the buildings);
3. The record of the fixture (excluding buildings; hereinafter the same shall apply) of the
lands to be expropriated or to be used
(referring to the record which contains the
locations, lot numbers, the land categories, areas, details of rights other than ownership,
and the names and addresses of the owners and those who have the rights to other
fixtures);
4. 5. and 6. 7. The map of the location of the place where the school facilities projects are executed;
8. The ground plan of the execution plan;
9. Brief design documents; and
10. A rearrangement plan for graves, etc. (limited only to the case where graves, etc. are
rearranged pursuant to the provisions
of Article 14 of the Act).
(2) A person who intends to obtain approval for the alteration of the execution plan pursuant
to the
provisions of Article 4 (2) of the Act shall attach the documents related to the altered
plan among the documents referred to in
subparagraphs of paragraph (1) to the altered plan
prepared by comparing the execution plan for the part to be altered and the original
execution plan, and shall submit them to the supervisory authority.
(3) The supervisory authority who has received the application
for approval or approval for
the alteration pursuant to paragraphs (1) and (2) shall confirm the following documents
through the
sharing of administrative information under Article 21 (1) of the Electronic
Government Act: Provided, That in the case of approval
for the alteration, the documents
related to the altered plan shall be confirmed:
1. A certified copy of building register or a certified copy of land register;
2. A certified copy of land cadastre or a certified copy of forest land cadastre;
3. Letter of confirmation on land use plan; and
4. Land cadastral map or forest land cadastral map.
Article 3 (Minor Execution Plan, etc.)
(1) The term "minor matters prescribed by the Presidential Decree" in the proviso of Article
4 (2) of the Act means the matters
falling under one of the following subparagraphs:
1. Change of the area due to division, merger, or conversion of registration of land, or new
registration or cadastral survey such
as the final survey of lands;
2. Change of location of the site of school building, playground or practice area;
3. Change of the area within the scope of one thousand and two hundred square meters for
each construction;
4. Adjustment of the placement plan for the school facilities or the change of the
construction plan similar thereto; and
5. Extension of the period of the project execution within the scope not exceeding six
months.
(2) Where the person who has obtained approval or approval for the alteration of the
execution plan as prescribed in Article 4 (1)
and (2) of the Act (hereinafter referred to as the
"project executor") has made a minor change in the execution plan as prescribed
in
paragraph (1), he/she shall notify the outline of such change to the supervisory authority
without delay.
Article 4 (Consultation with Head of Competent Administrative Agency)
(1) In the event that the supervisory authority which has
received the application for the
approval or approval for the alteration of the execution plan pursuant to the provisions of
Article
2 deems that the requirements necessary for the approval are satisfied, it shall send
the copies of the execution plan and the documents
indicated in each subparagraph of
Article 2 (1) (referring to the documents concerning the matters to be changed in the case
where
the execution plan is changed,; hereinafter the same shall apply in this Article) to the
head of the competent administrative agency
having jurisdiction over the matters indicated
in each subparagraph of Article 5 of the Act for the consultation as prescribed in
Article 4
(3) of the Act without delay.
(2) In the event that the State or a local government has prepared an execution plan or it has
changed the execution plan pursuant
to the provisions of Article 4 (4) of the Act and intends
to consult with the head of the competent administrative agency having
jurisdiction over the
matters indicated in each subparagraph of Article 5 of the Act, it shall send the copies of the
execution
plan and the documents indicated in each subparagraph of Article 2 (1) to the
head of the competent administrative agency: Provided,
That the same shall not apply to the
case of changing minor matters falling under any of the subparagraphs of Article 3 (1).
(3)
The head of the competent administrative agency who has received the request for
consultation pursuant to the provisions of paragraphs
(1) and (2) shall send the statement of
his/her opinion within twenty days from the date he/she has received such request, unless
there exists any special situation.
Article 5 (Execution Plan)
The matters which shall be included in the execution plan pursuant to the provisions of
Article 4 (5) of the Act shall be as follows:
1. Name and address of the project executor (in a case of a corporation, the name and
location of a corporation, and the name and
address of its representative);
2. Type and name of the relevant school;
3. Location where the school facilities project is executed;
4. The outline of the project such as the area, scale, financial resources, and execution
period, etc. of school facilities project;
and
5. The purpose of the school facilities project and classification into installation, relocation
or expansion of the facilities.
Article 6 (Presentation, etc. of Statement of Opinion)
(1) In the event that the supervisory authority, the State or a local government
intends to
hear the opinion of the interested persons pursuant to the provisions of Article 4 (6) of the
Act, it shall publicly
notify the matters indicated in Article 2 (1) 1 through 3 and
subparagraphs 1 and 2 of Article 5 concerning the land, buildings,
and fixture on the land
the expropriation or use of which is necessary, and shall allow the public to peruse the
documents for
fourteen days from the date of its notification.
(2) When the supervisory authority or the State or a local government has made
a public
notification as prescribed in paragraph (1), it shall notify the interested persons such as land-
owners without delay
of its contents and the fact that a statement of opinion may be sub
mitted pursuant to the provisions of paragraph (3): Provided,
That the same shall not apply
where it is impossible to know the person subject to notification or the address, the dwelling
place
of the person to be notified or other place where the notification is to be sent.
(3) The interested persons including land owners
may send the statement of opinion to the
supervisory authority, the State, or local governments within the period of public perusal
as
prescribed in paragraph (1).
Article 7 (Notification and Public Announcement)
Where the supervisory authority has granted the approval or approval for the alteration of
the execution plan pursuant to the provisions
of Article 4 (7) of the Act or where the State or
a local government has finished the consultation on the execution plan, it shall
notify the
matters under Article 2 (1) 1 through 3 and subparagraphs 1 through 4 of article 5 to the
head of the competent administrative
agency having jurisdiction over the related matters
among each subparagraph of Article 5 of the Act and the interested persons such
as land
owners, and make a public announcement in the Official Gazette: Provided, That the same
shall not apply where it is impossible
to know the person subject to notification or the
address, the dwelling place of the person to be notified or other place where
the notification
is to be sent.
Article 8 (Approval of Construction, Large-Scale Repair, and Change of Use
(2) When the supervisory authority grants approval for construction, large scale repair or
change of use pursuant to the provisions
of Article 5-2 (1) of the Act, if the school facilities
to be approved are subject to agreement such as construction permission,
etc. pursuant to the
provisions of Article 7 (1) of the Installation, Maintenance and Safety Control of Fire-
Fighting Systems
Act, it shall obtain in advance the consent from the head of the competent
fire headquarters or from the head of the competent fire
station.
Article 9 (Report on Installation, etc.
(1) A person who intends to install the school facilities other than those which have to be
approved by the supervisory authority
pursuant to the provisions of Article 8 (1) and the
installations of school facilities such as retaining walls for which the Building
Act is applied
mutatis mutandis on their installation under Article 83 of the Building Act shall report it to
the supervisory authority
by submitting a written report attached with the relevant
documents as provided by the Ordinance of the Ministry of Education, Science
and
Technology pursuant to the provisions of Article 5-2 (1) of the Act.
(2) When the supervisory authority has received the report as prescribed in paragraph (1), it
shall confirm its content and issue
a certificate of completion of report to the person who has
made the report.
(2) The provisions of Article 8 shall apply mutatis mutandis to the application for approval
for alteration of construction, large-scale
repair or change of use; and the provisions of
Article 9 shall apply mutatis mutandis to the report on the alteration of the construction,
etc.,
respectively.
Article 13 (Notification of Corrective Measures)
In the event that the supervisory authority has ordered the measures necessary for correction
concerning the construction, etc.
of school facilities pursuant to the provisions of Article 5-2
(6) of the Act, it shall notify the head of the relevant city/Gun/Gu
of the result of corrective
measures taken, including the following matters:
1. Location where the construction, etc. is executed;
2. Name and address of a person who executed the construction, etc. (in the case of a
juristic person, its name and location of the
corporation, and the name and address of its
representative);
3. Contents of the violation of laws and regulations; and
4. Copy of the letter of order for the corrective measures.
Article 14 (Consultation on Activities within School Facilities)
After
the approval of or the consultation on the execution plan as prescribed in Article 4 of
the Act, if the heads of administrative
agencies of various levels intend to consult with the
supervisory authority of the school for the execution of the projects within
the school
facilities indicated in subparagraphs of Article 6 of the Act or for permission or other
dispositions, he/she shall
send the documents stating the matters falling under the following
subparagraphs to the supervisory authority:
1. Type of project or facilities;
2. Disposition agency for the permission, etc. for projects;
3. Name and address of a person who executes the project;
4. Area or scale necessary for the project or facilities;
5. Period and purpose of project or occupancy;
6. Measures for restoration of facilities;
7. Location map and a ground plan (including a main sectional plan); and
8. Land cadastral map (referring to the cadastral map which indicates the projected line of
facilities).
Article 15 (Public Facilities to Be Preferentially Installed)
The term "public facilities prescribed by the Presidential Decree"
in Article 7 of the Act
means electricity, telecommunication, gas and district heating facilities.
Article 16 (Cancellation, etc.
of Approval of Execution Plan)
When the supervisory authority has cancelled the approval for the execution plan, or has
ordered
the alteration of the execution plan or other necessary measures pursuant to the
provisions of Article 11 (1) of the Act, it shall
notify the matters indicated in the following
subparagraphs to the head of the competent administrative agency with whom it had
consultation and the interested persons including land owners, and shall publicly announce
thereof in the Official Gazette: Provided,
That where it is impossible to know the person to
be notified, the address and the dwelling place of the person to be notified,
or the place to
which the notification shall be sent, the notification may not be made:
1. Type and name of the school;
2. Name and address of the project executor (in the case of a corporation, the name and the
location of the corporation, and the
name and address of its representative);
3. Location, area and scale of school facilities; and
4. Reasons for taking measures.
Article 17
(1) When the project executor or the person who executes the construction, etc. of school
facilities (excluding the project executor
or the person who executes the construction, etc.
who is the State or local government; hereinafter the same shall apply in this
Article) has
completed the school facilities project (including the construction of school facilities;
hereafter the same shall
apply in this Article), he/she shall make a report on the completion
of the school facilities project to the supervisory authority
within seven days from the date
of completion of the project.
(2) When the supervisory authority has received the report on the completion of school
facilities project referred to in paragraph
(1), it shall conduct an inspection on work
completion (referring to the inspection for the approval of use, in the case of the
construction, etc.; hereafter the same shall apply in this Article) within fourteen days from
the date it has received the report,
and when the school facilities pass the inspection on work
completion, it shall issue the certificate of the inspection on work
completion (referring to
the letter of the approval of use in the case of the construction, etc.; hereafter the same shall
apply
in this Article) prescribed by the Ordinance of the Ministry of Education, Science and
Technology to the project executor and those
who execute the construction, etc. In this case,
the supervisory office shall confirm in advance the issuance of the certificate
of inspection
on work completion of the construction of fire-fighting facilities as referred to in Article 7
(4) of the Installation,
Maintenance and Safety Control of Fire-Fighting Systems Act.
(3) When the supervisory authority has issued the certificate of the inspection on work
completion pursuant to the provisions of
paragraph (2), it shall notify the fact that the
applicant has passed the inspection on work completion to the head of the administrative
agency having jurisdiction over the relevant matters under each subparagraph of Article 5 of
the Act, and notify the matters related
therewith by attaching the following documents to the
head of the relevant city/Gun/Gu:
1. Copy of the certificate of inspection on work completion;
2. Application form for recording in the building register; and
3. Drawing of present state of the building.
(4) When the State or local government has completed the school facilities project,
it shall
notify the matters under each subparagraph of Article 5 of the Act to the head of the
competent administrative agency,
and notify the matters related therewith by attaching the
following documents to the head of the relevant city/Gun/Gu:
1. Application form for recording in the building register; and
2. Drawing of present state of the building.
Article 19 (Notice of Relocation, etc. of Graves)
(1) The public notice as prescribed
in Article 14 (3) of the Act shall be made in a daily
newspaper. In this case, the period of notice shall be not less than one month.
(2) The notice as prescribed in paragraph (1) shall include the location and lot number of the
graves, etc., the reasons for relocation
or removal thereof, and other matters necessary for
relocation or removal thereof.
Article 20 (Payment of Expenses for Relocation of Graves)
(1) If necessary for the payment of expenses required for the relocation
or removal of graves
located within the place of the school facilities project which the project executor other than
the State
or local government executes, the supervisory authority may approximately
estimate the amount of expenses which shall be borne by
the project executor pursuant to
the provisions of Article 14 (5) of the Act, and may have him/her pay the expense in
advance.
(2) In the event that the amount paid in advance pursuant to the provisions of paragraph (1)
is short of the amount of expenses
to be borne by the project executor, the supervisory
authority shall collect the amount of deficiency without delay, and where there
exists any
remainder after completing the payment for the expenses, the supervisory authority shall
return it without delay.
Article 21 (Delegation of Authority)
(1) The Minister of Education, Science and Technology shall delegate the following
authority concerning the national elementary
schools, middle schools, high schools and
special schools pursuant to the provisions of Article 15 (1) of the Act to the Superintendent
of the Office of Education: 1. Preparation of and consultation on the execution plan as prescribed in Article 4 (4) of the
Act;
2. Notice of, and measures for public perusal of, the record of the lands and buildings to be
expropriated as prescribed in Article
4 (6) of the Act and Article 6 of this Decree, and
the notification of the content of the public notice to the interested persons
and receipt of
opinions thereon;
3. Notification and public announcement on the consultation on the execution plan as
prescribed in Article 4 (7) of the Act;
4. Notification on the construction, etc. of the school facilities as prescribed in Article 5-2
(3) of the Act;
5. Consultation in the activities within the school facilities as prescribed in Article 6 of the
Act;
6. Notification and public announcement of the completion of the school facilities project
prescribed in Article 13 (3) of the Act;
and
7. Matters concerning the rearrangement of graves, etc. as prescribed in Article 14 (1)
through (4) of the Act.
(2) Deleted.
ADDENDUM (Presidential Decree on Partial Amendment of the
Enforcement Decree of the Individual Consumption Tax Act, etc. for
Sharing
Administrative Information and Reduction of Documents)
This Decree shall enter into force on the date of its promulgation.
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