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ENFORCEMENT DECREE OF THE SPECIAL ACT ON SUPPORT FOR THE 2018 PYEONGCHANG OLYMPIC AND PARALYMPIC WINTER GAMES

ENFORCEMENT DECREE OF THE SPECIAL ACT ON SUPPORT FOR THE 2018 PYEONGCHANG OLYMPIC AND PARALYMPIC WINTER GAMES[Enforcement Date 26. Jul, 2017.] [Presidential Decree No.28211, 26. Jul, 2017., Amendment by Other Act] 문화체육관광부 ( 평창올림픽지원과) , 044-203-3144 CHAPTER I GENERAL PROVISIONS Article 1 (Purpose)The purpose of this Decree is to prescribe matters delegated by the Special Act on Support for the 2018 PyeongChang Olympic and Paralympic Winter Games and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 27464, Aug. 29, 2016> Article 2 (Games-Related Facilities)"Facilities prescribed by Presidential Decree" in subparagraph 2 (f) of Article 2 of the Special Act on Support for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Act") means venues for the opening and closing ceremonies. <Amended by Presidential Decree No. 27464, Aug. 29, 2016> CHAPTER II ORGANIZING COMMITTEE Article 2-2 (Procedures for Receiving Donations, etc.)(1) Where receiving any donation under Article 6-2 (1) of the Act, the Organizing Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games provided for in Article 5 (1) of the Act (hereinafter referred to as “Organizing Committee”) shall issue a receipt to the donor: Provided, That such issuance may be omitted where the donation is made anonymously or the donor is unknown. (2) Where the donor specifies the purpose of the donation, the Organizing Committee shall use the donation only for the purpose.(3) Notwithstanding paragraph (2), under extenuating circumstances where it is especially impractical to use such donation for the purpose specified by the donor, it may be used for other purposes with the consent of the donor: Provided, That under extenuating circumstances where it is impossible to obtain consent of the donor because the donation is made anonymously, the donor is unknown, etc., the Organizing Committee may use it for other purposes after posting such information on its bulletin board and website for at least seven days.(4) The Organizing Committee shall create a separate account for the donations provided for in paragraph (1) and manage them.(5) The Organizing Committee shall maintain accounting books recording the status of the donations received, how they are used, etc., and make them available for the donors to peruse.[This Article Newly Inserted by Presidential Decree No. 27464, Aug. 29, 2016][This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 27464, Aug. 29, 2016] Article 3 (Counter-Terrorism and Security Measures, etc.)(1) Pursuant to Article 7 (2) of the Act, a Committee on Counter-Terrorism and Security Measures may be established to accomodate the requests made by the Organizing Committee. <Amended by Presidential Decree No. 27464, Aug. 29, 2016> (2) The Director of the National Intelligence Service shall serve as the chairperson of the Committee on Counter-Terrorism and Security Measures to be established under paragraph (1) (hereinafter referred to as "Committee on Counter-Terrorism and Security Measures"), and the heads of the relevant administrative agencies performing such duties as maintaining public peace, guarding against and preventing terrorism shall serve as its members.(3) The Committee on Counter-Terrorism and Security Measures shall have a Counter-Terrorism and Security Measures Headquarters to conduct its businesses.(4) Where the chairperson of the Committee on Counter-Terrorism and Security Measures deems it necessary for performing the duties of the Counter-Terrorism and Security Measures Headquarters, he/she may request the heads of the relevant administrative agencies to dispatch public officials under their control or to provide other necessary assistance.(5) Matters necessary for the composition and operation of the Committee on Counter-Terrorism and Security Measures and the Counter-Terrorism and Security Measures Headquarters referred to in paragraph (3) (hereinafter referred to as "Counter-Terrorism and Security Measures Headquarters") shall be determined by the chairperson of the Committee on Counter-Terrorism and Security Measures after consultation with the president of the Organizing Committee and the heads of the relevant administrative agencies.(6) As prescribed in Article 7 (3) of the Act, the duties to be performed by the Organizing Committee, the Committee on Counter-Terrorism and Security Measures and the Counter-Terrorism and Security Measures Headquarters shall be as follows: <Amended by Presidential Decree No. 27464, Aug. 29, 2016>1. Organizing Committee:(a) Guarding, access control, maintenance of order and guidance on facilities directly related to the Games;(b) Matters relating to the safety of athletes, executives, journalists, employees, spectators, etc.;2. Committee on Counter-Terrorism and Security Measures and Counter-Terrorism and Security Measures Headquarters:(a) Formulation and implementation of comprehensive measures for counter-terrorism and security relating to the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Games");(b) Support for guarding, public security, traffic control, etc. in the surrounding areas of facilities directly related to the Games;(c) Support for rescue, first aid, etc. in emergencies, such as the prevention and extinguishment of fire, disasters, accidents, etc. relating to the Games;(d) Other counter-terrorism and security measures requested by the Organizing Committee.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 4 (Management, Operation, etc. of Fund)(1) The Olympic Games Fund established under Article 8 (1) of the Act (hereinafter referred to as the "Fund") shall be managed by the Organizing Committee. (2) The Fund shall be managed by the following methods:1. Deposit in a bank defined in Article 2 (1) 2 of the Banking Act;2. Purchase of national bonds or public bonds.(3) The Fund shall be used to meet the expenses incurred in conducting business reflected in the business plan and the budget bill referred to in Article 21 of the Act.(4) The accounts of the Fund shall be kept according to business accounting principles.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 5 (Profit-Making Businesses)"Business prescribed by Presidential Decree" in Article 12 (1) 5 of the Act means any of the following business: <Amended by Presidential Decree No. 27323, Jul. 6, 2016>1. Deleted; <by Presidential Decree No. 27464, Aug. 29, 2016>2. Advertising business (excluding the outdoor advertising business prescribed in the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry);3. Other businesses deemed necessary for the efficient preparation for and operation of the Games by the Minister of Culture, Sports and Tourism.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 6 (Grant of Funds to Other Institutions, etc.)In any of the following cases, the Organizing Committee may grant some of the funds raised by the profit-making business to other institutions, corporations and organizations relating to the Games upon approval from the Minister of Culture, Sports and Tourism pursuant to Article 12 (2) of the Act:1. Where stadiums, conveniences, etc. are improved or repaired in preparation for the Games;2. Where arts and culture events directly relating to the Games are supported;3. Where it is necessary to efficiently promote profit-making businesses.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 7 (Increased Issuance of Sports Promotion Betting Tickets)(1) Where the Organizing Committee intends to request the president of the Korea Sports Promotion Foundation (hereinafter referred to as "president") to issue an increased number of sports promotion betting tickets prescribed in Article 24 of the National Sports Promotion Act pursuant to Article 13 of the Act, it shall specify the total expenses incurred in relation to the preparation for and operation of the Games and the amount requested for subsidization. (2) The president in receipt of a request to issue an increased number of sports promotion betting tickets as prescribed in paragraph (1) shall do so, upon approval from the Minister of Culture, Sports and Tourism, in an edition different from that of the sports promotion betting tickets issued for other sports events.(3) Profits accruing from the increased issuance of sports promotion betting tickets pursuant to Article 13 (2) of the Act shall be used to subsidize the expenses incurred in relation to the preparation for and operation of international tournaments by the organizing committees of international tournaments (hereafter referred to as "operating expenses" in this paragraph) where the grounds therefor exist in the Act or other Acts or subordinate statutes: Provided, That remainder of the profits after such subsidization shall be contributed to the National Sports Promotion Fund established under the National Sports Promotion Act.(4) Except as prescribed in paragraphs (1) through (3), the National Sports Promotion Act shall apply mutatis mutandis to the increased issuance of sports promotion betting tickets.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 8 (Service Charges, etc.)Where the Organizing Committee intends to collect service charges or usage fees as prescribed in Article 17 of the Act, it shall submit a document stating the following to the Minister of Culture, Sports and Tourism for approval:1. Type of service charges or usage fees;2. Rates and standards for calculation;3. Methods and procedures of collection;4. Other matters necessary for the collection of service charges and usage fees.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 9 (Period of Dispatch of Public Officials)Notwithstanding Article 41 (2) 1 of the Decree on the Appointment of Public Officials or Article 27-2 (2) 1 of the Decree on the Appointment of Local Public Officials, public officials dispatched for at least one year as prescribed in Article 19 (1) of the Act may be dispatched until March 31, 2019.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 10 (Use of Games Insignias, etc.)(1) "Games-related symbols, etc. prescribed by Presidential Decree, such as insignias and mascots designated by the Organizing Committee" in the first sentence of Article 25 of the Act means any of the following symbols, etc.: <Amended by Presidential Decree No. 27464, Aug. 29, 2016; Presidential Decree No. 27977, Apr. 3, 2017> 1. Games-related insignias, mascots, torches, medals, testimonials, slogans, a theme song, pictogram, the flag of the Games, commemorative money, memorial stamps, public publications, posters, design of uniforms, and visual symbols, all of which are designated by the Organizing Committee (Look of the Games);2. Various marks, designs, mottos, music, and sculptures containing the symbols referred to in subparagraph 1;3. Those similar to the symbols referred to in subparagraph 1.(2) "If they use such symbols, as prescribed by Presidential Decree" in the proviso to Article 25 of the Act means any of the following cases:1. Where a registered right-holder under the Trademark Act or the Design Protection Act uses such symbols;2. Where such symbols are used, with the approval of the International Olympic Committee or the International Paralympic Committee;3. Where such symbols are used for news reports or education.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] CHAPTER III GAMES SUPPORT COMMITTEE Article 11 (Operation, etc. of the Games Support Committee)(1) The Support Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Support Committee") established under Article 26 of the Act shall deliberate on and coordinate the following: <Amended by Presidential Decree No. 27464, Aug. 29, 2016> 1. Matters concerning approval of a plan to establish and use games-related facilities (hereinafter referred to as "project plan") pursuant to Article 27 (1) of the Act;2. Matters concerning the formulation of a plan to revoke the designation as a conservation zone for forest genetic resources, and to protect, conserve, and recover forests pursuant to Article 34 of the Act;3. Matters requiring overall governmental support for successful preparation for and holding of the Games;4. Other matters deemed necessary by the chairperson of the Support Committee concerning the Games.(2) The terms of office of the members appointed or commissioned by the chairperson of the Support Committee pursuant to Article 26 (2) 18 of the Act shall be three years.(3) Where the chairperson deems it necessary or at least 1/3 of all incumbent members make a request, the chairperson of the Support Committee shall call a meeting.(4) If the chairperson of the Support Committee is unable to perform his/her duties due to an extenuating circumstance, his/her duties shall be performed by (in the following order) the Minister of Culture, Sports and Tourism, the Minister of Strategy and Finance, and the Minister of Education, and if the chairperson and vice chairpersons of the Support Committee are all unable to perform their duties due to an extenuating circumstance, a member in the order prescribed in the subparagraphs of Article 26 (2) of the Act shall perform the duties of the chairperson of the Support Committee. <Amended by Presidential Decree No. 25751, Nov. 19, 2014>(5) Where the chairperson of the Support Committee intends to call a meeting, he/she shall notify all members of the date, place and agenda of the meeting by no later than seven days before the meeting: Provided, That where such meeting is to be held urgently or any extenuating circumstance exists, he/she may notify all members of such matters by one day prior to the meeting.(6) Meetings of the Support Committee shall be held with attendance of a majority of all incumbent members, and resolutions shall be adopted with the consent of a majority of those present.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 11-2 (Removal and Dismissal of Members)The chairperson of the Games Support Committee may remove or dismiss a member under Article 26 (2) 18 of the Act in any of the following cases:1. Where he/she is unable to perform his/her duties due to a mental disorder;2. Where he/she has engaged in corruption in the course of performing his/her duties;3. Where he/she is deemed no longer qualified as a member due to the neglect of duties, injury to dignity, or any other reason;4. Where he/she declares that it is difficult to perform his/her duties.[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015] Article 12 (Composition and Operation of Support Working Committee)(1) The Support Working Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Support Working Committee") referred to in Article 26 (4) of the Act shall be comprised of not more than 30 members, including one chairperson, and each of the following persons shall become a member: <Amended by Presidential Decree No. 24453, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27464, Aug. 29, 2016; Presidential Decree No. 28211, Jul. 26, 2017> 1. One person from each of the following agencies who shall be nominated by the head of the agency he/she belongs to, from among public officials of the Senior Civil Service of the Ministry of Strategy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of Foreign Affairs, the Ministry of Unification, the Ministry of Justice, the Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry for Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Korea Communications Commission, the Korea Forest Service and the Office for Government Policy Coordination;2. The Administrative Vice Governor of Gangwon-do;3. The Secretary General of the Korean Olympic Committee established under Article 33 of the National Sports Promotion Act;4. The Secretary General of the Korea Sports Association for the Disabled established under Article 34 of the National Sports Promotion Act;5. The Secretary General of the Organizing Committee;6. Persons appointed or commissioned by the chairperson of the Support Working Committee based on the male-female ratio, from among those with extensive expert knowledge of and experience in preparing and holding international tournaments.(2) The terms of office for members appointed or commissioned under paragraph (1) 6 shall be three years.(3) The Support Working Committee shall have one executive secretary who shall be designated by the chairperson of the Support Working Committee to manage its administrative affairs.(4) Where the chairperson of the Support Working Committee is unable to perform his/her duties due to unavoidable circumstances, a member designated by the chairperson shall perform the duties of the chairperson on his/her behalf.(5) Except as prescribed in paragraphs (1) through (4), Article 11 (3), (5) and (6) shall apply mutatis mutandis to the operation of the Support Working Committee. In such cases, the "Support Committee" shall be construed as the "Support Working Committee."[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 12-2 (Dismissal of Members of the Support Working Committee)(1) A nomination of a member made under Article 12 (1) 1 may be withdrawn in any of the following cases: 1. Where he/she is unable to perform his/her duties due to a mental disorder;2. Where he/she has engaged in corruption in performing his/her duties;3. Where he/she is deemed no longer qualified as a member due to neglect of duties, injury to dignity, or any other reason;4. Where he/she declares that it is difficult to perform his/her duties.(2) The chairperson may remove or dismiss a member under Article 12 (1) 6, if such member falls under any of the subparagraphs of paragraph (1).[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015] Article 13 (Operation of Support Committee, etc.)(1) Where the Support Committee and the Support Working Committee deems it necessary to deliberate on agenda and perform other duties, they may have interested persons or relevant specialists attend meetings to state their opinions, or request them to submit their opinions. (2) Interested persons or relevant specialists who attend meetings of the Support Committee or the Support Working Committee may be paid allowances within budgetary limits: Provided, That this shall not apply to a member who is a public official who attends such meetings in direct relation to his/her duties.(3) Except as prescribed in paragraphs (1) and (2), matters necessary for the operation of the Support Committee and the Support Working Committee shall be determined by the chairperson of the Support Committee upon resolution by the Support Committee.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] CHAPTER IV GAMES-RELATED FACILITIES, ETC. Article 14 (Standards, etc. for Establishment of Project Plans)(1) The Governor of Gangwon-Do (hereinafter referred to as the "Governor") shall include the following in each project plan referred to in Article 27 (5) of the Act: 1. Basic direction-setting for and outline of the project;2. Location and size of the area in which Games-related facilities are established and used;3. Plans for creating a site;4. Plans for building Games-related facilities;5. Annual investment plans and funding plans;6. Measures for using newly-built competition venues and facilities after the Games and measures for financing operating expenses.(2) "Any modification to insignificant matters prescribed by Presidential Decree" in the proviso to Article 27 (6) of the Act means any of the following cases:1. Where the total scale of Games-related facilities is modified by up to 10/100 of the total scale in the initial plan;2. Where operating expenses are modified by up to 10/100 of the total operating expenses;3. Where total operating expenses are modified due to changes in the price of commodities, changes in the method of construction or settlement of accounts;4. Where the project period is modified by up to two years;5. Where the project plan is modified to utilize other existing facilities, other than those planned, as Games-related facilities (limited to cases where operating expenses are not modified).[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 15 (Public Announcement of Project Plans)Where a project plan or any modification thereto is approved as prescribed in Article 27 (4) or (6) of the Act, the Governor shall, without delay, announce the project plan so approved or modified on the official bulletin and make it available for inspection by the public for at least 14 days.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 16 (Subsidization, etc. for Games-Related Facilities)(1) The State or local governments may grant subsidies to cover the operating expenses necessary for constructing, remodeling and repairing facilities directly related to the Games (excluding facilities defined in subparagraph 2 (a) of Article 2 of the Act and access roads to the stadiums among the facilities defined in subparagraph 2 (b) of Article 2 of the Act), including design costs, compensatory payments, and construction costs, within budgetary limits: Provided, That this shall not apply to facilities established based on private investment. (2) Where the State allocates a budget to subsidize project funds as prescribed in paragraph (1), the rate of subsidization shall be determined by the Minister of Strategy and Finance. In such cases, the Minister of Culture, Sports and Tourism may present his/her opinion thereon.(3) Pursuant to Article 28 (5) of the Act, the Governor may request the State or a local government to complete Games-related projects that are being implemented or scheduled to be implemented by the State or the local government by no later than one year before the Games. In such cases, the State or the local government in receipt of such request shall actively comply therewith in the absence of extenuating circumstances.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 17 (Implementers of Projects for Establishment, Use, etc. of Games-Related Facilities)(1) "Public institutions prescribed by Presidential Decree" in Article 30 (1) 2 of the Act means the following public institutions: 1. The Korea Tourism Organization incorporated under the Korea National Tourism Organization Act;2. The Korea Rural Community Corporation incorporated under the Korea Rural Community Corporation and Farmland Management Fund Act;3. The Korea Expressway Corporation incorporated under the Korea Expressway Corporation Act;4. The Korea Water Resources Corporation incorporated under the Korea Water Resources Corporation Act;5. The Korea Land and Housing Corporation incorporated under the Korea Land and Housing Corporation Act;6. The Korea Sports Promotion Foundation incorporated under the National Sports Promotion Act.(2) "Implementers prescribed by Presidential Decree" in Article 30 (1) 5 of the Act means the following:1. The Organizing Committee;2. Where Games-related facilities located in a local government, other than in the venue Sis or Guns, are to be improved and repaired for use as Games-related facilities, the head of the local government having jurisdiction over such facilities.(3) A person who intends to be designated as the implementer of a project (hereinafter referred to as "implementer") to establish and use Games-related facilities pursuant to Article 30 (1) of the Act shall prepare documents containing the following information and submit them to the Governor:1. Type and scale of the project;2. Name and address of a person who intends to implement the project (in cases of a corporation, the name and address of the corporation, and the name and address of its representative);3. Location and size of the area in which the project is to be implemented;4. Objectives and methods of implementing the project and the details of the project;5. Duration of the project;6. Funding plans;7. Where he/she intends to receive national subsidies, details thereof and grounds therefor;8. Where he/she performs incidental work, details thereof and grounds therefor;9. Other matters necessary for the implementation of the project.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 18 (Approval for Implementers' Project Plans)(1) Each implementer shall prepare an implementer's project plan including the following and obtain approval from the Governor as prescribed in Article 31 (1) of the Act: Provided, That subparagraphs 2, 3 and 7 shall be included only where relevant facts exist: 1. Location map of the area in which the project is implemented;2. Location, lot number and land category and size of land, articles and rights (referring to land, articles and rights as defined in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects; hereinafter referred to as "land, etc.") to be expropriated or used, details of ownership and rights other than ownership, and names and addresses of the owners or persons holding such rights;3. Plans to purchase and compensate for land, etc. and measures to relocate residents;4. Projected ground plan and preliminary design drawings;5. Duration of the project;6. A funding plan;7. Plans to relocate and remove public facilities and plan to establish replacement facilities;8. Documents necessary for consultation with the heads of the relevant administrative agencies pursuant to Article 33 (2) of the Act;9. In the case of a project subject to environmental impact assessment pursuant to Article 22 of the Environmental Impact Assessment Act or a project subject to small-scale environmental impact assessment pursuant to Article 43 of the same Act, documents on the details of consultation over the environmental impact assessment pursuant to Article 29 or 45 of the same Act.(2) Upon receipt of the project plan under paragraph (1), the Governor shall verify the cadastral map of the area in which the project is to be implemented through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act.(3) Where the Governor determines whether to approve the implementer's project plan pursuant to paragraph (1), he/she shall take the following factors into consideration:1. Whether the contents of the implementer's project plan are consistent with the relevant project plan referred to in Article 27 of the Act;2. Appropriateness of a plan to purchase and compensate for land, etc. and of measures to relocate residents;3. Whether the contents of the projected ground plan and the preliminary design drawings are in compliance with relevant Acts and subordinate statutes;4. Appropriateness of funding plans.(4) "Any modification to insignificant matters prescribed by Presidential Decree" in the proviso to Article 31 (1) of the Act means any of the following cases:1. Where the scale of the project is modified by up to 10/100 of the total scale of the project;2. Where the operating expenses are modified by up to 10/100 of the total operating expenses;3. Where the duration of the project is modified by up to one year;4. Where the location or structure of equipment and facilities are modified (limited to cases where the total project funds are not modified).[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] Article 19 (Verification of Completion of Construction)An inspection necessary for verifying the completion of construction pursuant to Article 38 (2) of the Act shall be conducted by an affiliated public official or a person requested to conduct the inspection pursuant to the latter part of Article 38 (1) of the Act, and where the construction is subject to the construction project management, such as acting for the authority of the inspector under Article 55 (1) 1 of the Enforcement Decree of the Construction Technology Promotion Act, an inspection necessary for verifying the completion of construction may be replaced by confirmation of the construction project management report and completion inspection report prepared by a construction technology service business entity. <Amended by Presidential Decree No. 25358, May 22, 2014>[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012] CHAPTER V DESIGNATION AND OPERATION OF OLYMPIC WINTER GAMES SPECIAL ZONES SECTION 1 Designation of Special Zones, Establishment of Special Zone Comprehensive Plans, etc. Article 20 (Modification to Special Zone Comprehensive Plans)(1) "Any modification to insignificant matters prescribed by Presidential Decree" in Article 40 (3) of the Act means any of the following cases: 1. Change of the name of an Olympic Winter Games Special Zone (hereinafter referred to as "special zone") due to the modification, etc. to an administrative district;2. In any of the following cases where a special zone is developed after being divided into at least two development project districts and the size of the respective development project district divided as such (hereinafter referred to as "unit development project district") is modified:(a) Where the total size of a unit development project district is not less than one million square meters: Modification of size by less than 100,000 square meters;(b) Where the total size of a unit development project district is less than one million square meters: Modification of size by less than 10/100 of the total size of a unit development project district;3. Modification of the land use plan, main infrastructure plan, etc. by up to the size under subparagraph 2;4. Modification of by less than 10/100 of the population to be admitted into a unit development project district;5. Modification of the main infrastructure plan due to topographical or geological conditions;6. Change of the name and address (referring to the name, address and the name and address of the representative in the case of a corporation; hereinafter the same shall apply) of the implementer of a special zone development project (hereinafter referred to as "special zone project implementer") pursuant to Article 49 (1) of the Act;7. Modification to reflect the details of consultation pursuant to Article 18 of the Environmental Impact Assessment Act, matters requiring improvement, etc. pursuant to Article 16 (4) of the Urban Traffic Improvement Promotion Act and the details of prior consultation on the examination of factors influencing disasters pursuant to Article 4 of the Countermeasures against Natural Disasters Act (where accompanied by the modifications referred to in subparagraphs 2 through 4, limited to such modifications);8. Correction of the size of areas for implementation due to mistakes, etc. to the extent that there is no change to the area, in which a special zone development project is implemented;9. Reduction of the period for implementing a special zone development project or extension thereof by up to one year;10. Reduction or increase of project funds by up to 10/100 thereof based on the amount included in the funding method.(2) The size referred to in paragraph (1) 2 and the size referred to in subparagraph 3 of the same paragraph shall be calculated by adding the size to be modified pursuant to paragraph (1) 2 or 3 to the size that has been modified pursuant to paragraph (1) 2 or 3 in the same unit development project district during the last one year. Article 21 (Public Announcement, etc. of Designation of Special Zones)(1) Where the Minister of Culture, Sports and Tourism designates a special zone pursuant to the first sentence of Article 40 (3) of the Act, he/she shall publicly post the following matters on the Official Gazette as prescribed in paragraph (4) of the same Article: 1. Name, location and size of the special zone;2. Objectives of designating the special zone;3. Location and size of an area in which a special zone development project is implemented, and the person scheduled to implement a special zone development project or the implementer of a special zone development project;4. Period for implementing a special zone development project, funding methods and method of implementing a special zone development project;5. Land use plans and main infrastructure plans;6. Plans to accommodate population and plans to create residential facilities;7. Plans to create an environment to attract foreign investment and plans for the settlement of foreigners;8. Method of perusing relevant documents and books;9. Other matters deemed necessary by the Olympic Winter Games Special Zone Committee (hereinafter referred to as the "Special Zone Committee") established under Article 42 of the Act.(2) Where the Minister of Culture, Sports and Tourism modifies the contents of a special zone comprehensive plan as prescribed in the latter part of Article 40 (3) of the Act, he/she shall publicly notify the grounds therefor and matters referred to in the subparagraphs of paragraph (1) in the Official Gazette.(3) Where the Minister of Culture, Sports and Tourism revokes the designation of a special zone as prescribed in Article 46 of the Act, he/she shall publicly announce the matters referred to in the subparagraphs of paragraph (1) (referring to the matters referred to in paragraph (1) 1 through 3 where wholly revoking the designation of the special zone) and the following matters in the Official Gazette:1. Size of the special zone, the designation of which is revoked;2. Grounds for revoking the designation of the special zone;3. Date of designation of the special zone and the date on which such revocation of designation becomes effective. Article 22 (Establishment of Special Zone Comprehensive Plans)(1) "Matters prescribed by Presidential Decree" in Article 41 (1) 13 of the Act means the following: 1. Period for implementing a special zone development project;2. Matters concerning infrastructure, such as water, energy, transportation, information and communications;3. Plans for cultural facilities, parks and green areas;4. Urban landscape plans;5. Plans for existing buildings, structures, etc. to be retained;6. Plans to lay underground structures, such as common utility ducts;7. Matters concerning main facilities to attract and standards for the establishment thereof;8. Assessment of the economic feasibility of an infrastructure plan, such as main social overhead capital necessary for the development of a special zone.(2) Each special zone comprehensive plan shall be accompanied by the following documents and drawings:1. A topographical map drawn on a scale of at least 1 to 25,000 indicating the location of the special zone; and a topographical map drawn on a scale of at least 1 to 5,000 indicating the special zone;2. A cadastral map or woodland map indicating the boundary of the special zone.(3) Where deemed necessary, the Minister of Culture, Sports and Tourism may request additional matters to be included in the relevant special zone comprehensive plan from the Governor. Article 23 (Procedures, etc. for Public Announcement of Draft Special Zone Comprehensive Plans)(1) Before filing an application for the designation of a special zone as prescribed in Article 41 (2) of the Act, the Governor shall publicly announce a draft special zone comprehensive plan that includes the details referred to in paragraph (1) of the same Article and the following information on the Official Bulletins of Gangwon-Do and the relevant Sis/Guns or the websites thereof, and in two or more daily newspapers having Gangwon-Do as their main circulation district. In such cases, the Governor shall make such documents available for inspection by the public for at least 14 days from the date of public announcement: 1. Name, location and size of an area to be designated as a special zone;2. Main details of the special zone comprehensive plan pursuant to Article 41 of the Act;3. Period for inspecting relevant documents and methods of inspection.(2) Any person who has an opinion on the matters publicly announced as prescribed in paragraph (1) may submit a written opinion to the Governor within the period for inspecting documents referred to in paragraph (1) 3.(3) If the Governor holds a public hearing as prescribed in Article 41 (2) of the Act, he/she shall publicly announce the following on two or more daily newspapers having the relevant Sis/Guns as their main circulation district and the Official Bulletins of Gangwon-Do and the relevant Sis/Guns or the websites thereof, at least once, by no later than 14 days prior to the scheduled date of the public hearing:1. Objectives of holding a public hearing;2. Scheduled date and place of a public hearing;3. Outline of the draft special zone comprehensive plan;4. Other matters necessary for holding a public hearing. Article 24 (Composition of the Special Zone Committee)(1) "Heads of central administrative agencies prescribed by Presidential Decree" in Article 42 (2) 2 of the Act means the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of Justice, the Minister of National Defense, the Minister of the Interior and Safety, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Employment and Labor, and the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24453, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> (2) Commissioned members under Article 42 (2) 3 of the Act shall be commissioned based on the male-female ratio, from among experts in the fields related to the special zones, such as the sports industry, the green industry, culture, tourism, the environment, foreign investment and urban policies.(3) The term of office for commissioned members under paragraph (2) shall be two years and they may serve only one consecutive term. Article 25 (Operation of the Special Zone Committee)(1) The chairperson of the Special Zone Committee shall represent the Special Zone Committee and manage the overall business of the Special Zone Committee. (2) Where the chairperson of the Special Zone Committee deems it necessary or at least 1/3 of all incumbent members make a request, the chairperson of the Special Zone Committee shall call a meeting.(3) If the chairperson of the Special Zone Committee is unable to perform his/her duties due to an avoidable circumstance, such duties shall be performed by the Minister of Culture, Sports and Tourism, the Minister of Strategy and Finance, and the Minister of Education, in that order, and if the chairperson and vice chairpersons of the Special Zone Committee are all unable to perform their duties due to an extenuating circumstance, a member in the order prescribed in Article 24 (1) shall perform the duties of the chairperson of the Special Zone Committee. <Amended by Presidential Decree No. 25751, Nov. 19, 2014>(4) Where the chairperson of the Special Zone Committee intends to call a meeting, he/she shall notify all members of the date, place and agenda of the meeting by no later than seven days before the meeting: Provided, That where such meeting is to be held urgently or any avoidable circumstance exists, he/she may notify all members of such matters by no later than one day before the meeting.(5) Meetings of the Special Zone Committee shall be held with the attendance of a majority of all incumbent members, and resolutions shall be passed with the consent of a majority of those present.(6) An executive secretary shall be appointed for the Special Zone Committee to manage the administrative affairs of the Special Zone Committee, who shall be designated by the Minister of Culture, Sports and Tourism from among persons under the control of the Olympic Winter Games Special Zone Planning Body established under Article 42 (3) of the Act (hereinafter referred to as "Special Zone Planning Body").(7) Except as prescribed in paragraphs (1) through (6), matters necessary for the operation of the Special Zone Planning Body shall be determined by the chairperson of the Special Zone Committee upon resolution by the Special Zone Committee. Article 26 (Hearing Opinions, etc. at Meetings of the Special Zone Committee)(1) The heads of central administrative agencies, other than the heads of the central administrative agencies referred to in Article 24 (1), may attend meetings of the Special Zone Committee to make a statement. (2) Where deemed necessary for deliberation, the Special Zone Committee may have the head of the competent local government having jurisdiction over the special zones, interested persons or relevant specialists attend meetings of the Special Zone Committee to state their opinions.(3) Members and relevant specialists who attend meetings of the Special Zone Committee may be paid allowances within budgetary limits: Provided, That this shall not apply to a public official member who attends such meetings in direct connection with his/her duties. Article 27 (Affairs, etc. of Special Zone Planning Body)(1) Where deemed necessary for the Special Zone Planning Body to conduct its affairs, the Minister of Culture, Sports and Tourism may request relevant administrative agencies, institutions, organizations, etc. to dispatch public officials, executives and employees. (2) The Special Zone Planning Body shall perform the following duties:1. Drafting and planning policies and systems for special zones;2. Operation of and consultation on legislation concerning special zones;3. Assisting in the operation of the Special Zone Committee, such as preparation of agenda for meetings of the Special Zone Committee;4. Research on data concerning special zones, PR activities and international cooperation thereon;5. Consultations with institutions and local governments relating to operating and fostering special zones;6. Preparation of systems for the management of special zones and the improvement of living conditions therein;7. Other matters necessary for operating special zones and for assisting the Special Zone Committee. Article 28 (Matters to be Considered for Deliberation on and Decision by Special Zone Committee)"Matters prescribed by Presidential Decree" in subparagraph 9 of Article 43 of the Act means the following:1. Feasibility and practicability of the special zone comprehensive plan;2. Convenience in securing a site necessary for the development of the relevant special zone and infrastructure, such as wide-area transportation networks, information and communications, water and electric power;3. Other matters publicly announced by the Minister of Culture, Sports and Tourism after deliberation by the Special Zone Committee. Article 29 (Restrictions on Acts)(1) "Act prescribed by Presidential Decree, such as changing the form and quality of land, constructing buildings, constructing temporary buildings and building structures" in Article 45 (1) of the Act means any of the following: 1. Change of the form and quality of land: Change of the shape of land by means of cutting, embanking, filling-up, leveling or paving land, excavation of land or reclamation of public waters;2. Construction, etc. of buildings: Construction, renovation or change of use of buildings (including temporary buildings) defined in Article 2 (1) 2 of the Building Act;3. Building of structures: Establishment of artificially-manufactured facilities (excluding buildings defined in Article 2 (1) 2 of the Building Act (including temporary buildings));4. Collection of earth and rocks: Collection of earth, sand, aggregate, rocks, etc.: Provided, That subparagraph 1 shall govern if such collection is to change the form and quality of land;5. Division of land;6. Stacking articles: Stacking articles difficult to move for at least one month;7. Cutting, planting or growing bamboo and trees.(2) The Governor shall grant permission for the acts referred to in the subparagraphs of paragraph (1) to the extent that such acts do not hinder the relevant special zone development project. In such cases, the Governor shall hear from the special zone project implementer before granting permission.(3) "Act prescribed by Presidential Decree, such as acts done for emergency measures necessary for recovery from a disaster or control of accidents" in Article 45 (1) of the Act means any of the following acts, which do not require permission for development acts pursuant to Article 56 of the National Land Planning and Utilization Act:1. An act done for emergency measures necessary for recovery from disasters or control of accidents;2. Change of the form and quality of land for cultivation;3. Installation of simple structures directly used for the production of agricultural, forestry or fishery products;4. Temporary planting of ornamental plants in an area other than cultivated land;5. Installing or stacking a single article of less than five tons which can be easily divided into parts, each of which is one ton or less;6. Using land to the extent that it does not hinder the relevant special zone development project and harm natural scenery. SECTION 2 Implementation, etc. of Special Zone Development Projects Article 30 (Implementers of Special Zone Development Projects)(1) "Institution prescribed by Presidential Decree" in Article 48 (1) 3 of the Act means any of the following: 1. The Korea Tourism Organization incorporated under the Korea National Tourism Organization Act;2. The Korea Rural Community Corporation incorporated under the Korea Rural Community Corporation and Farmland Management Fund Act;3. The Korea Expressway Corporation incorporated under the Korea Expressway Corporation Act;4. The Korea Water Resources Corporation incorporated under the Korea Water Resources Corporation Act;5. The Korea Land and Housing Corporation incorporated under the Korea Land and Housing Corporation Act;6. The Korea Railroad Corporation incorporated under the Korea Railroad Corporation Act;7. The Korea Sports Promotion Foundation incorporated under the National Sports Promotion Act.(2) "Person who meets the requirements prescribed by Presidential Decree" in Article 48 (1) 4 of the Act means any of the following:1. A person who intends to directly develop a site, etc. for industrial, culture and tourism or research facilities;2. A person who intends to develop a site, etc. for industrial, culture and tourism or research facilities, and directly use part of the site, etc. as facilities appropriate for a special zone development project and supply the remainder to persons who hope to move therein.(3) "Corporation which meets the requirements prescribed by Presidential Decree" in Article 48 (1) 5 of the Act means a corporation, at least 30/100 of the total investments in which is made by persons referred to in Article 48 (1) 1 through 3 of the Act.(4) "Association which meets the requirements prescribed by Presidential Decree" in Article 48 (1) 6 of the Act means any of the following: <Amended by Presidential Decree No. 27444, Aug. 11, 2016>1. A housing association prescribed in Article 11 of the Housing Act;2. An association prescribed in Article 11 (1) 6 of the Urban Development Act;3. A partnership for urban environment rearrangement projects prescribed in Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.(5) "Constructor who meets the requirements prescribed by Presidential Decree" in Article 48 (1) 7 of the Act means a person who has registered the business of carrying

PYEONGCHANG

2355일전 | 18.11.13 | 조회 42

SPECIAL ACT ON SUPPORT FOR THE 2018 PYEONGCHANG OLYMPIC AND PARALYMPIC WINTER GAMES

SPECIAL ACT ON SUPPORT FOR THE 2018 PYEONGCHANG OLYMPIC AND PARALYMPIC WINTER GAMES[Enforcement Date 26. Jul, 2017.] [Act No.14839, 26. Jul, 2017., Amendment by Other Act] 문화체육관광부 ( 평창올림픽지원과) , 044-203-3148 CHAPTER I GENERAL PROVISIONS Article 1 (Purpose)The purpose of this Act is to support the 23rd Olympic Winter Games and the 12th Paralympic Winter Games to be held in 2018 with the aim of promoting the physical exercise of the people and solidifying the Olympic legacy, thereby contributing to the national development. <Amended by Act No. 14198, May 29, 2016> Article 2 (Definitions)The terms used in this Act shall be defined as follows:1. The term "Games-related facilities" means facilities directly related to the Games and facilities for creating an environment for the Games;2. The term "facilities directly related to the Games" means any of the following facilities:(a) Stadiums and convenience facilities annexed to stadiums;(b) Training facilities for athletes, athlete villages, media villages and access roads to stadiums;(c) Dope-testing facilities;(d) Facilities for the international broadcasting center and the main press center;(e) Electric and telecommunications facilities;(f) Other facilities directly related to the Games and prescribed by Presidential Decree;3. The term "facilities for creating an environment for the Games" means any of the following facilities:(a) Transportation facilities, such as main arterial roads, railroads, and airports, that need to be established or maintained for the operation of the Games and for the construction of access networks;(b) Direction boards for stadiums, training camps and athlete villages and publicity information facilities;(c) Development of reservoirs exclusively for drinking water, for the supply of water and water supply facilities;(d) Other facilities necessary for creating an environment for the Games and prescribed by Presidential Decree;4. The term "Olympic Winter Games Special Zone" (hereinafter referred to as "Special Zone") means an area designated and notified as prescribed by this Act to successfully hold the Games and to solidify the legacy thereof;5. The term "foreigner" means a person as defined in Article 2 (1) 1 of the Foreign Investment Promotion Act;6. The term "foreign-invested enterprise" means an enterprise as defined in Article 2 (1) 6 of the Foreign Investment Promotion Act. Article 3 (Relationship with Other Acts)Special exceptions prescribed by this Act to relax regulations for projects to establish, use Games-related facilities during and after the Games and for special zones shall prevail over other Acts: Provided, That if the regulations provided for in the corresponding provisions of other Acts are lighter than those of this Act, such provisions of other Acts shall apply. Article 4 (Responsibilities of State and Local Governments)(1) The State and local governments shall establish and implement comprehensive policies and prepare a support plan so that the Games are held as the cultural and environmental Olympics. (2) The State and local governments shall take necessary measures so that the Games are operated safely and conveniently without any discrimination against persons with disabilities. CHAPTER II ORGANIZING COMMITTEE Article 5 (Establishment of Organizing Committee)(1) In order to conduct the following projects and activities for the preparation and successful operation of the Games, the PyeongChang Organizing Committee for the 2018 Olympic and Paralympic Winter Games (hereinafter referred to as "the Organizing Committee") shall be established upon authorization from the Minister of Culture, Sports and Tourism: <Amended by Act No. 14198, May 29, 2016> 1. Establishment of a comprehensive plan for the Games, and establishment and implementation of detailed operational plans;2. Establishment and implementation of a plan to establish and use Games-related facilities;3. Cooperation with international sports organizations promoting the Games;4. Other projects necessary for the smooth preparation and operation of the Games.(2) The Organizing Committee shall be a corporation.(3) The Organizing Committee shall have a president, a vice president, executive members and auditors as its executives, and a plenary session as its supreme decision-making organ and an executive board for the efficient performance of its duties.(4) Such details as the number of executives prescribed in paragraph (3), their terms of office, methods of selecting executives, and organization, functions, etc. of the plenary session and the executive board shall be prescribed by the articles of association.(5) Except as otherwise expressly prescribed by this Act, the provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis to the Organizing Committee.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of the Addenda to Act No. 11226, Jan. 26, 2012] Article 6 (Support from State, etc.)(1) The Organizing Committee may request the State, local governments, public institutions (referring to public institutions prescribed in Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply), corporations, organizations, etc. to provide administrative and financial cooperation and support and other necessary convenience, and relevant institutions shall comply therewith in the absence of justifiable reasons to the contrary. (2) The State and local governments may grant subsidies necessary for the establishment and operation of the Organizing Committee and for the preparation and operation of the Games.(3) For the success of the Games, the State, local governments, and the Organizing Committee may support private promotional campaigns to encourage participation of the people and civilized conduct.(4) In order to continuously and systematically promote the private promotional campaigns prescribed in paragraph (3), the State, local governments and Organizing Committee may provide administrative and financial support necessary for the establishment and operation of relevant organizations.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of the Addenda to Act No. 11226, Jan. 26, 2012] Article 6-2 (Receipt of Donations)(1) The Organizing Committee may receive donations voluntarily given in compliance with the business purposes, notwithstanding the main sentence of Article 5 (2) of the Act on Collection and Use of Donations. (2) Such details as the procedure of receiving donations under paragraph (1) and others shall be prescribed by Presidential Decree.[This Article Newly Inserted by Act No. 14198, May 29, 2016][This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of the Addenda to Act No. 11226, Jan. 26, 2012] Article 7 (Counter-Terrorism and Security Measures)(1) In preparation for terrorism and safety threats against Games-related facilities, athletes, executives, journalists, employees, spectators, etc., the Organizing Committee may request the State to take supportive measures. (2) In order to take supportive measures requested by the Organizing Committee prescribed in paragraph (1), the State may establish and operate an organization for counter-terrorism and security measures consisting of counter-terrorism security-related institutions.(3) Matters necessary for the detailed division of duties among the Organizing Committee and relevant administrative agencies and for the establishment, operation, etc. of the organization for counter-terrorism and security measures referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 7-2 (Grounds for Disqualification of Persons Relevant to the Games, etc.)(1) To ensure safety of the Games, no one shall be recognized as persons relevant to the Games, to whom the registration card can be issued, allowing access to the facilities directly related to the Games, nor shall he/she be allowed to become a torchbearer, if five years have not yet passed since imprisonment with labor or heavier punishment he/she was sentenced to for committing any of the following crimes was executed (including cases where such execution is deemed to have been terminated) or since such punishment was determined not to be executed: 1. Crimes prescribed in Article 114 of the Criminal Act;2. Crimes prescribed in Articles 119 through 121 of the Criminal Act;3. Crimes prescribed in Articles 164 through 169, Article 172, Article 172-2, and Article 173 of the Criminal Act;4. Crimes prescribed in Articles 250 through 253 of the Criminal Act;5. Crimes prescribed in Articles 3 through 9 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.(2) To confirm whether the grounds for disqualification provided for in paragraph (1) apply to a person intending to be recognized as relevant to the Games and be issued a registration card, or to be a torchbearer, the Organizing Committee shall, with the consent of that person, request inquiry about criminal records prescribed in Article 6 of the Act on the Lapse of Criminal Sentences, from the head of the police agency; and the head of the police agency shall inform the Organizing Committee of whether any ground of disqualification exists.(3) The Organizing Committee may process data containing resident registration numbers, where it is essential and unavoidable in conducting tasks under paragraph (1).[This Article Newly Inserted by Act No. 14622, Mar. 21, 2017][This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 14622, Mar. 21, 2017] Article 8 (Establishment, etc. of Fund)(1) In order to appropriate money necessary for the establishment and operation of the Organizing Committee and expenses incurred in preparing and operating the Games, the Organizing Committee shall establish an Olympic Games Fund (hereinafter referred to as the "Fund"). (2) The Fund shall be financed by the following means: <Amended by Act No. 13726, Jan. 6, 2016; Act No. 14198, May 29, 2016>1. Contributions, subsidies, and donations from the Government and entities other than the Government;2. Money borrowed under Article 10;3. Earnings from profit-making businesses prescribed in Article 12;4. Profits from sports promotion betting tickets allocated to the Organizing Committee as prescribed in Article 13;5. Profits from the issuance of commemorative money prescribed in Article 14;6. Earnings from outdoor advertising business subsidized to the Organizing Committee as prescribed in Article 6 (5) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry;7. Profits from the operation of the Fund;8. Other profits.(3) The fiscal year of the Fund shall coincide with the fiscal year of the Government.(4) Other details regarding the operation and management of the Fund shall be prescribed by Presidential Decree.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 9 (Lending, etc. of State or Public Property)(1) Where the State or local governments deem it necessary for supporting the Organizing Committee, they may gratuitously lend the Organizing Committee any State or public property, permit the Organizing Committee to use or profit from any State or public property, or gratuitously transfer office supplies or other articles to the Organizing Committee. (2) Where the State or local governments gratuitously lend the Organizing Committee State or public property, permit the Organizing Committee to use or profit from any State or public property, or gratuitously transfer office supplies or other articles as prescribed in paragraph (1), the terms and conditions of, procedures for such lending, etc. shall be prescribed by a contract between the managing agency of the relevant property or article and the Organizing Committee.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 10 (Borrowing, etc. of Money)(1) If it is necessary for the preparation and operation of the Games, the Organizing Committee may borrow money or bring in materials (including borrowing money and bringing in materials from international organizations, foreign countries, foreigners, etc.) with the approval of the Minister of Culture, Sports and Tourism. (2) Where the Organizing Committee borrows money or brings in materials from overseas, the Introduction and Management of Public Loans Act and the Foreign Exchange Transactions Act shall apply.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 11 (Exemption from Duty to Purchase Bonds, etc.)Where the Organizing Committee acquires movable property, immovable property, etc. for its operation and activities, it is exempt from its duty to purchase various bonds, etc. pursuant to relevant Acts and subordinate statutes in the same manner as such exemption is applied to State agencies.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 12 (Profit-Making Businesses)(1) In order to cover the expenses to be incurred in preparing and operating the Games, the Organizing Committee may carry on the following profit-making businesses with the approval of the Minister of Culture, Sports and Tourism: <Amended by Act No. 14198, May 29, 2016> 1. Insignia business;2. Official commemorative medal business;3. Broadcasting rights business;4. Selling housing sites, etc.;4-2. Selling tickets to the Games and cultural and art events related to the Games;5. Other Games-related businesses prescribed by Presidential Decree.(2) The Organizing Committee may grant some of the funds raised from profit-making business to other Games-related institutions, corporations, or organizations, as prescribed by Presidential Decree.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 13 (Issuance of Sports Promotion Betting Tickets in Increased Quantity)(1) In order to meet expenses to be incurred in preparing and operating the Games, the Organizing Committee may request the president of the Korea Sports Promotion Foundation (hereinafter referred to as "president") to issue sports promotion betting tickets pursuant to Article 24 of the National Sports Promotion Act in increased quantity. In such cases, the total quantity of sales adjusted or recommended by the National Gaming Control Commission prescribed in Article 5 of the National Gambling Control Commission Act shall not apply to the sales from issuing tickets in increased quantity. (2) The president shall allocate profits from sports promotion betting tickets issued in increased quantity under paragraph (1) to the Organizing Committee in each quarter.(3) Matters necessary for the issuance of sports promotion betting tickets in increased quantity, allocation of profits, etc. prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 14 (Sale of Commemorative Banknotes)(1) In order to cover the expenses to be incurred in preparing and operating the Games, the Organizing Committee may request the Bank of Korea to issue commemorative banknotes. <Amended by Act No. 14198, May 29, 2016> (2) The Organizing Committee may exclusively acquire commemorative banknotes issued under paragraph (1). <Amended by Act No. 14198, May 29, 2016>[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 15 (Issuance of Commemorative Stamps, etc.)The Organizing Committee may request the Minister of Science and ICT to issue commemorative stamps or postcards to publicize and commemorate the Games. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 16 (Business of Selling Housing Sites, etc.)In order to use housing sites for lodgings of athletes, executives and press corps for the Games, the Organizing Committee may request the implementers of housing site development projects prescribed in Article 7 of the Housing Site Development Promotion Act to implement necessary projects.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 17 (Service Charges, etc.)In performing duties for the Games and other Games-relate projects, the Organizing Committee may collect service charges or usage fees, as prescribed by Presidential Decree, in any of the following cases:1. Where it allows the use of Games-related facilities or articles managed by it;2. Where it provides services to individuals, corporations or organizations;3. Other cases prescribed by Presidential Decree.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 18 (Profit-Making Business Department)The Organizing Committee may establish a department to take full charge of the profit-making business prescribed in Article 12.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 19 (Request, etc. for Dispatch of Public Officials, etc.)(1) Where the Organizing Committee deems it necessary for performing its duties, it may request relevant administrative agencies, local governments, Games-related corporations or organizations to dispatch public officials prescribed in Article 2 (2) of the State Public Officials Act and Article 2 of the Local Public Officials Act, or their executives and employees with the approval of the Minister of Culture, Sports and Tourism. (2) Where the Organizing Committee requests the dispatch of public officials or executives and employees of corporations or organizations as prescribed in paragraph (1), the heads of the relevant administrative agencies, corporations or organizations shall select and dispatch persons appropriate for performing their duties in the absence of justifiable reasons to the contrary, and where they intend to recall such dispatch during the period of dispatch, they shall consult in advance with the Organizing Committee.(3) The heads of the relevant administrative agencies, corporations or organizations that dispatch public officials, or their executives and employees as prescribed in paragraph (2) shall not treat dispatched persons unfavorably in relation to their advancement, change of position, education, rewards, welfare, etc.(4) Where dispatched public officials, or executives and employees of corporations or organizations are found inappropriate to perform their duties, the Organizing Committee may request the relevant administrative agencies, corporations or organizations that have dispatched such public officials, or executives and employees to recall dispatch.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 20 (Requests for Provision of Data)(1) The Organizing Committee may request relevant administrative agencies, public institutions, educational institutions, research organizations, etc. to provide data, such as Games-related investigation reports and research papers. (2) The heads of agencies, institutions or organizations upon receipt of requests prescribed in paragraph (1) shall comply with such requests in the absence of justifiable reasons to the contrary.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 21 (Approval of Budget Bills, etc.)The Organizing Committee shall prepare a business plan and a budget bill for the following year and obtain approval from the Minister of Culture, Sports and Tourism by not later than one month before the beginning of the following year. The same shall apply to any modification thereto.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 22 (Statements of Accounts, etc.)The Organizing Committee shall submit a statement of revenue and expenditure for each fiscal year to the Minister of Culture, Sports and Tourism, along with the business track record for the relevant year by not later than the end of March of the following year.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 23 (Devolvement of Residual Property)Where the Organizing Committee dissolves, Article 13 of the Act on the Establishment and Operation of Public Interest Corporations shall apply mutatis mutandis to the devolvement of residual property.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 24 (Prohibition on Use of Similar Titles)No entity, other than the Organizing Committee, shall use the title "the PyeongChang Organizing Committee for the 2018 Olympic and Paralympic Winter Games" or a similar one. <Amended by Act No. 14198, May 29, 2016>[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 25 (Use of Games Insignias, etc.)Those who intend to use Games-related symbols, etc. prescribed by Presidential Decree, such as insignias and mascots designated by the Organizing Committee shall obtain approval from the Organizing Committee in advance: Provided, That this shall not apply if they use such symbols, as prescribed by Presidential Decree.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 25-2 (Prohibition of Illegal Sale of Tickets)Except for the Organizing Committee and anyone entrusted by the Organizing Committee with the task of selling tickets to the Games, no one shall sell tickets to the Games issued by the Organizing Committee, repeatedly or as a regular business, to others at a higher price than he/she paid.[This Article Newly Inserted by Act No. 14423, Dec. 20, 2016] CHAPTER III GAMES SUPPORT COMMITTEE Article 26 (Games Support Committee)(1) A Support Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Support Committee") shall be established under the Prime Minister in order to deliberate on and coordinate major policies relating to the Games. <Amended by Act No. 14198, May 29, 2016> (2) The Support Committee shall consist of up to 30 members, including the Prime Minister as a chairperson, the Minister of Strategy and Finance, the Minister of Education, and the Minister of Culture, Sports and Tourism as vice chairpersons, and each of the following persons as a member: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>1. The Minister of Science and ICT;1-2. Deleted; <by Act No. 12844, Nov. 19, 2014>2. The Minister of Foreign Affairs;3. The Minister of Unification;4. The Minister of Justice;5. The Minister of National Defense;6. The Minister of the Interior and Safety;7. The Minister for Agriculture, Food and Rural Affairs;8. The Minister of Trade, Industry and Energy;9. The Minister of Health and Welfare;10. The Minister of Environment;11. The Minister of Land, Infrastructure and Transport;12. Deleted; <by Act No. 14839, Jul. 26, 2017>13. The Minister of the Office for Government Policy Coordination;14. The Governor of Gangwon-do;15. The President of the Korean Olympic Committee;16. The President of the Korea Sports Association for the Disabled;17. The President of the Organizing Committee;18. Persons appointed or commissioned by the chairperson from among those who possess much expert knowledge and experience in preparing and holding the Games;19. Heads of other institutions deemed necessary by the chairperson.(3) The Support Committee shall have one executive secretary who shall be appointed by the chairperson from among high-ranking public officials of the Ministry of Culture, Sports and Tourism.(4) A support working committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the "Support Working Committee") shall be established under the Support Committee to review agenda items to be referred to the Support Committee for deliberation and resolution and to deal with matters entrusted thereto by the Support Committee. In such cases, the Vice Minister of Culture, Sports and Tourism shall serve as the chairperson of the Support Working Committee. <Amended by Act No. 14198, May 29, 2016>(5) Other matters necessary for the composition and operation of the Support Committee and the Support Working Committee shall be prescribed by Presidential Decree.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] CHAPTER IV GAMES-RELATED FACILITIES, ETC. Article 27 (Establishment and Implementation of Project Plans)(1) For the success of the Games, the Governor of Gangwon Do (hereinafter referred to as the "Governor") shall establish a plan to establish and use Games-related facilities (hereinafter referred to as "project plan") and obtain approval from the Minister of Culture, Sports and Tourism. When the Governor establishes a project plan, the standards for establishing an Urban/Gun management plan prescribed in Article 25 (4) of the National Land Planning and Utilization Act shall apply mutatis mutandis to such project plan. (2) When the Minister of Culture, Sports and Tourism approves a project plan, he/she shall consult in advance with the head of the relevant central administrative agency and undergo deliberation thereon by the Support Committee.(3) The head of the relevant central administrative agency in receipt of a request for consultation as prescribed in paragraph (2) shall present his/her opinion to the Minister of Culture, Sports and Tourism within 20 days after receipt of such request for consultation in the absence of justifiable reasons to the contrary.(4) When the Minister of Culture, Sports and Tourism approves a project plan, he/she shall send documents to the head of the relevant administrative agency and the competent Governor, and the Governor in receipt of such documents shall publicly announce the details thereof.(5) Matters necessary for the establishment, public announcement, etc. of project plans shall be prescribed by Presidential Decree.(6) Where a project plan approved under paragraph (1) is modified, paragraphs (2) through (5) shall apply mutatis mutandis: Provided, That this shall not applyto any modification to insignificant matters prescribed by Presidential Decree.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 28 (Subsidization, etc. for Games-Related Facilities)(1) The State or local governments may grant subsidies to cover all or some of the expenses associated with construction, remodeling or repair of Games-related facilities. (2) Where subsidies are granted under paragraph (1), recipients, details and rate of subsidization, and other matters shall be prescribed by Presidential Decree.(3) Where the State or local governments are requested by the Governor to transfer any State or public property for the establishment of Games-related facilities, they may preferentially transfer such property, notwithstanding the State Property Act and the Public Property and Commodity Management Act. In such cases, any State or public property to be transferred is deemed disused without taking separate procedures therefor.(4) Where a project for establishing Games-related facilities, etc. is implemented in a wide area over the boundaries of other local governments, the local governments involved shall cooperate therewith.(5) The State or local governments may preferentially implement Games-related projects that are being implemented or scheduled to be implemented in the venue cities or in the vicinity thereof, by adjusting their schedule to the period during which the Games are held, as prescribed by Presidential Decree.(6) Local governments may issue local bonds to finance subsidies for Games-related facilities. In such cases, they may issue local bonds in excess of the ceiling for issuance of local bonds, notwithstanding Article 11 of the Local Finance Act.(7) Where athlete villages and media villages constructed as Games-related facilities are to be provided to the public, restrictions may not be imposed on the price of a unit of multi-unit housing with an area exceeding 85 square meters for exclusive use, notwithstanding Article 57 of the Housing Act. <Amended by Act No. 13805, Jan. 19, 2016>[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 29 (Special Cases concerning Approval of Project Plans)When a project plan is approved, the following activities shall be deemed completed: <Amended by Act No. 12687, May 28, 2014>1. Establishment of a reclamation master plan prescribed in Article 22 of the Public Waters Management and Reclamation Act;2. Establishment of and reporting on a medium-term local financial plan prescribed in Article 33 of the Local Finance Act and an examination of financial investment projects prescribed in Article 37 of the same Act.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 30 (Implementers of Projects to Establish and Use Games-Related Facilities)(1) The Governor may directly implement projects to establish and use Games-related facilities (hereinafter referred to as "Games-related facility project") excluding the facilities prescribed in subparagraph 3 (a) of Article 2, or implement such projects upon designating one of the following persons as an implementer: 1. The heads of Sis/Guns;2. Public institutions prescribed by Presidential Decree;3. Local government-invested public corporations prescribed by the Local Public Enterprises Act;4. Where such projects are implemented in a public-private partnership pursuant to the Act on Public-Private Partnerships in Infrastructure, an implementer prescribed by the same Act;5. Other implementers prescribed by Presidential Decree.(2) Anyone who intends to be designated as an implementer pursuant to paragraph (1) (hereinafter referred to as "implementer") shall prepare documents prescribed by Presidential Decree and submit them to the Do Governor.(3) Projects implemented by an implementer pursuant to paragraph (1) shall be deemed those directly implemented by the Do Governor. <Newly Inserted by Act No. 14198, May 29, 2016>[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 31 (Approval of Implementers' Project Plans)(1) Where approval prescribed in Article 27 is granted, the relevant implementer shall prepare a project plan stating matters prescribed by Presidential Decree, etc., such as the scale and details of the Games-related facility project, period of the project and financing plan and obtain approval from the Governor. The same shall apply to any modification (excluding any modification to insignificant matters prescribed by Presidential Decree) to the approved matters. (2) Where the Governor approves an implementer's project plan or approves modification thereto, he/she shall, without delay, publish it in the official report and send a copy of related documents to the heads of the relevant local governments. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply to hearing of residents' opinions and notification of the topographical map of the area in which Games-related facilities are to be established and used, which is stated in the project plan.(3) The heads of local governments in receipt of a copy of relevant documents as prescribed in paragraph (2) shall make the details thereof available for public perusal for at least 14 days.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 32 (Restrictions on Acts, etc.)No permit to engage in development acts prescribed in Article 56 of the National Land Planning and Utilization Act, no permit to construct buildings and temporary buildings or reporting thereon, and no reporting on the building of structures prescribed by the Building Act shall be granted or filed in any area in which Games-related facilities are to be established and used from the date on which approval of an implementer's project plan is published under Article 31: Provided, That this shall not apply if the head of the competent Si/Gun deems that such acts do not hinder the establishment and use of Games-related facilities and grant a permit or receive reports, accordingly.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 33 (Authorization, Permission, etc. Deemed Granted under Other Acts)(1) Where an implementer obtains approval for his/her project plan or modification thereto as prescribed in Article 31, the following permission, authorization, determination, revocation, designation, approval, consultation, deliberation, reporting, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed to have been granted, performed, or made, and where approval is publicly notified, public notification or public announcement of authorization, permission, etc. pursuant to the following Acts shall be deemed to have been granted or made: <Amended by Act No. 12248, Jan. 14, 2014; Act No. 12738, Jun. 3, 2014; Act No. 13498, Aug. 28, 2015; Act Nos. 13797 & 13805, Jan. 19, 2016; Act No. 14480, Dec. 27, 2016; Act No. 14532, Jan. 17, 2017; Act Nos. 14567 & 2017; Act No. 14569, Feb. 8, 2017> 1. Permission to change, etc. the form and quality of land under Article 21-2 of the Grassland Act and permission to convert grassland under Article 23 of the same Act;2. Permission to convert a mountainous district under Article 14 of the Mountainous Districts Management Act, reporting on the conversion of a mountainous district under Article 15 of the same Act, permission to temporarily use a mountainous district and reporting thereon under Article 15-2 of the same Act;3. Permission to convert or farmland, and consultation thereon under Article 34 of the Farmland Act;4. Permission to use agricultural infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act and approval of a development project plan for a rural tourism and resort complex under Article 82 (2) of the same Act;5. Permission to implement river works under Article 30 of the River Act, permission to occupy and use a river under Article 33 of the same Act and permission to use river water under Article 50 of the same Act;6. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval of implementation plans under Article 17 of the same Act, a license to reclaim public waters under Article 28 of the same Act, public notice of licenses under Article 33 of the same Act, consultations or approval under Articles 35 and 36 of the same Act and approval and public notice of an implementation plan for the reclamation of public waters under Article 38 of the same Act;7. Authorization to install public sewage systems under Article 11 of the Sewerage Act, permission to implement construction works for public sewage systems under Article 16 of the same Act and permission to occupy and use public sewage systems under Article 24 of the same Act;8. Reporting on a commercial waste producer under Article 17 (2) of the Wastes Control Act and approval for or reporting on the installation of waste disposal facilities under Article 29 (2) of the same Act;9. Authorization of or reporting on a plan of works to install electric installations for private use under Article 62 of the Electric Utility Act;10. Approval of a business plan under Article 15 of the Tourism Promotion Act, designation of a tourist destination and tourism complex under Article 52 of the same Act, approval of a development plan for a tourist destination and tourism complex under Article 54 of the same Act and permission to implement a development plan under Article 55 of the same Act;11. Permission to implement road works for those other than the road management agency under Article 36 of the Road Act, permission to occupy and use a road under Article 61 of the same Act, and consultation with or approval from the road management agency under Article 107 of the same Act (including designation and public notification of routes under Article 19 of the same Act and determination on road zones under Article 25 of the same Act);12. Designation of an urban development zone under Article 3 of the Urban Development Act, formulation of an urban development project plan under Article 4 of the same Act, designation of a project implementer under Article 11 of the same Act and authorization of an implementation plan for an urban development project under Article 17 of the same Act;13. Approval of an implementation plan for a housing site development project under Article 9 of the Housing Site Development Promotion Act;14. Modification to designation of a rearrangement area under Article 8 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and authorization to implement a project plan under Article 50 of the same Act and Article 29 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Redevelopment;15. Permission to open a private road under Article 4 of the Private Road Act;16. Permission to cut trees under Article 14 of the Erosion Control Work Act and revocation of designation of land treated for erosion control under Article 20 of the same Act;17. Permission to extract aggregates under Article 22 of the Aggregate Extraction Act;18. Permission to use State property under Article 30 of the State Property Act;19. Permission to use and make profits under Article 20 of the Public Property and Commodity Management Act;20. Consultation on an energy use plan under Article 10 of the Energy Use Rationalization Act;21. Deliberation by the Building Committee under Article 4 of the Building Act, a building permit granted under Article 11 of the same Act, building reporting under Article 14 of the same Act, any modification to the permitted or reported matters under Article 16 of the same Act, change of use under Article 19 of the same Act, permission to construct temporary buildings or reporting thereon under Article 20 of the same Act, consultation on construction under Article 29 of the same Act and reporting on the building of a structure under Article 83 of the same Act;22. Approval of a project plan under Article 15 of the Housing Act;23. Drafting and determination of a park development plan under Articles 16 and 16-2 of the Act on Urban Parks, Green Areas, Etc., permission to occupy and use an urban park under Article 24 of the same Act, restrictions on acts in an urban natural park area under Article 27 of the same Act and permission to occupy and use a green area under Article 38 of the same Act;24. Permission to exhume a grave having no surviving relatives and to bury remains from such grave in another place under Article 27 (1) of the Act on Funeral Services, Etc.;25. Reporting on dust clouds under Article 43 of the Clean Air Conservation Act;26. Permission to install facilities discharging water pollutants and reporting thereon under Article 33 of the Water Environment Conservation Act;27. Prior reporting on specific construction works under the Noise and Vibration Control Act;28. Permission to cut, etc. standing trees and reporting thereon under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;29. Permission to engage in, or reporting on acts in forest conservation zones under Article 9 (1) and (2) 1 and 2 of the Forest Protection Act (excluding conservation zones for forest genetic resources), and revocation of designation of a forest conservation zone under Article 11 (1) 1 of the same Act (excluding conservation zones for forest genetic resources);30. Designation of public housing business entities under Article 4 of the Special Act on Public Housing, designation of a housing zone under Article 6 of the same Act and approval of a housing zone development plan under Article 17 of the same Act;31. Authorization of general waterworks business and industrial waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act and authorization to install private-use waterworks and private-use industrial waterworks under Articles 52 and 54 of the same Act;32. Reporting on the commencement, modification or completion of a project under Article 86 (1) of the Act on the Establishment, Management, etc. of Spatial Data;33. Prior consultation on examinations of factors influencing disasters under Article 4 of the Countermeasures against Natural Disasters Act;34. Consultation on strategic environmental impact assessment under Article 16 of the Environmental Impact Assessment Act;35. Determination of an Urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act, permission to engage in development acts under Article 56 of the same Act, designation of an implementer under Article 86 of the same Act, and authorization of an implementation plan under Article 88 of the same Act;36. Designation of an urban renewal acceleration district under Article 5 of the Special Act on the Promotion of Urban Renewal and formulation and determination of an urban renewal acceleration plan under Article 12 of the same Act;37. Permission to implement small river construction works under Article 10 of the Small River Maintenance Act and permission to occupy and use small rivers under Article 14 of the same Act;38. Approval of a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act;39. Permission to enter into a land transaction contract under Article 11 of the Act on Report on Real Estate Transactions, Etc.(2) Where the Governor approves an implementer's project plan or approves a modified plan, he/she shall have a prior consultation with the head of the relevant administrative agency if such project plan includes matters falling under any subparagraph of paragraph (1), and the head of the relevant administrative agency shall submit his/her opinion within 30 days from the receipt of a request for consultation.(3) Where deemed especially necessary to establish Games-related facilities in consideration of the conditions of the location, such facilities may be established in sports park, as prescribed by the Act on Urban Parks, Green Areas, Etc.(4) Games-related facilities shall be deemed infrastructure prescribed in the Act on Public-Private Partnerships in Infrastructure.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 34 (Special Exceptions to the Forest Protection Act)In order to install facilities falling under subparagraph 2 (a) and (b) of Article 2 among Games-related facilities in a conservation zone for forest genetic resources referred to in Article 7 (1) 5 of the Forest Protection Act, the Minister of the Korea Forest Service may revoke the designation of all, or a part of a conservation zone for forest genetic resources in consideration of opinions of relevant specialists after establishing a plan to revoke the conservation zone for forest genetic resources, and to protect, conserve and reinstate forests, which is to be deliberated on and determined by the Support Committee, notwithstanding Article 11 of the Forest Protection Act.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 35 (Special Exceptions to the Subsidy Management Act)The State may subsidize at least 75 percent of the project funds needed for the new construction, remodeling and repairing of stadiums among Games-related facilities, notwithstanding Article 9 of the Subsidy Management Act: Provided, That this shall not apply to facilities established through a public-private partnership.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 35-2 (Special Cases concerning Construction, Management, etc., of Reservoirs)Regarding the facilities for creating an environment for the Games, reservoirs exclusive for drinking water under subparagraph 3 (c) of Article 2 (hereafter referred to as "reservoir" in this Article) shall be governed by the Water Supply and Waterworks Installation Act for their construction, management, etc. notwithstanding the Act on Construction of Dams and Assistance, etc. to their Environs. In such cases, reservoirs shall be deemed as water reservation facilities under subparagraph 17 of Article 3 of the Water Supply and Waterworks Installation Act.[This Article Newly Inserted by Act No. 13297, May 18, 2015] Article 35-3 (Special Cases concerning Radio Waves Act)Notwithstanding Article 69 (1) 1-3 of the Radio Waves Act, the State may exempt certain participants in the Games or any pre-games relevant to the Games, who shall be specified and publicly announced by the Organizing Committee, from service charges. [This Article Newly Inserted by Act No. 14423, Dec. 20, 2016] Article 35-4 (Special Cases concerning Passenger Transport Service Act)To ensure smooth access and traffic flow to the Games, the Organizing Committee may sublet a commercial motor vehicle rented from a car rental business entity to foreigners participating in the Games (limited to those carrying a registration card issued by the Organizing Committee for persons relevant to the Games); or may arrange a driver for that commercial motor vehicle, by March 31, 2018, notwithstanding Article 34 (1) and (2) of the Passenger Transport Service Act. [This Article Newly Inserted by Act No. 14423, Dec. 20, 2016] Article 36 (Reduction of and Exemption from Charges)In order to support Games-related facility projects, the State or a local government may grant exemption or reduction of the following charges: <Amended by Act No. 13297, May 18, 2015>1. Development charges referred to in Article 3 of the Restitution of Development Gains Act;2. Charges to occupy and use public waters imposed under Article 13 of the Public Waters Management and Reclamation Act;3. Charges to occupy and use rivers imposed under Article 37 of the River Act;4. Compensation for expenses incurred for land treated for erosion control imposed under Article 21 of the Erosion Control Work Act;5. Charges imposed on a person who has caused to incur expenses under Article 71 of the Water Supply and Waterworks Installation Act;6. Charges on burden-causing entities under Article 61 of the Sewerage Act.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 37 (Expropriations of Land, etc.)(1) Where necessary to implement a project, the implementer thereof may use or expropriate land, articles or rights (hereafter referred to as "land, etc." in this Article) prescribed in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. (2) When an implementer's project plan is approved and publicly announced, project approval and public notification thereof prescribed in Articles 20 and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be deemed granted and given, and an application for adjudication may be filed within the period for implementation stipulated in the implementer's project plan, notwithstanding Articles 23 and 28 of the same Act.(3) Except as otherwise expressly prescribed by this Act concerning the expropriation or use of land, etc. provided in paragraph (1), the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis thereto.[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012] Article 38 (Verification of Completion of Construction)(1) When an implementer completes construction works, he/she shall, without delay, submit a completion report on construction works and obtain verification of construction completion. In such cases, the Governor in receipt of an application for verifying the completion of construction works may request the heads of the relevant public institutions, research institutions and other specialized institutions to conduct inspections necessary for verifying construction completion. (2) When the Governor receives an application for verifying the completion of construction works as prescribed in paragraph (1), he/she shall inspect the completion of construction works, as prescribed by Presidential Decree, and issue a certificate of construction completion if he/she deems that the construction works have been implemented as approved.(3) When an implementer obtains a certificate of construction completion prescribed in paragraph (2), he/she shall be deemed to have undergone a completion inspection or obtained authorization of completion, which are deemed undergone or granted under Article 33 (1).[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]

INTERNATIONAL

2355일전 | 18.11.13 | 조회 29

INTERNATIONAL ATHLETIC GAMES SUPPORT ACT

INTERNATIONAL ATHLETIC GAMES SUPPORT ACT[Enforcement Date 26. Jul, 2017.] [Act No.14839, 26. Jul, 2017., Amendment by Other Act] 문화체육관광부 ( 국제체육과) , 044-203-3163 CHAPTER I GENERAL PROVISIONS Article 1 (Purpose)The purpose of this Act is to promote national sports and contribute to national development by successfully holding international athletic games in the Republic of Korea by preparing grounds for providing necessary support therefor. Article 2 (Definitions)The terms used in this Act shall be defined as follows: <Amended by Act No. 12407, Mar. 11, 2014>1. The term “international athletic games” means any of the following games: (a) The Olympic Games governed by the International Olympic Committee or the International Paralympic Committee;(b) The Asian Games governed by the Olympic Council of Asia or the Asian Paralympic Committee;(c) Universiades governed by the International University Sports Federation;(d) FIFA World Cups governed by the International Federation of Football Association;(e) World Championships in Athletics governed by the International Association of Athletics Federations;(f) FINA World Championships governed by the International Swimming Federation;(g) Other games prescribed by Presidential Decree as requiring support from the central government;2. The term "games-related facilities" means any of the following facilities: (a) Stadiums and convenience facilities annexed thereto;(b) Training facilities for athletes, athlete villages, media villages and access roads to stadiums;(c) Dope-testing facilities;(d) Broadcasting and press facilities;(e) Other facilities prescribed by Presidential Decree, among those directly related to games. Article 3 (Relationship to Other Acts)This Act shall apply to support for international athletic games (hereinafter referred to as “games”), except as otherwise expressly provided for in other Acts. Article 4 (Responsibilities of the State and Local Governments)The State and local governments shall formulate policies for successfully holding games; and may provide administrative and financial cooperation and support necessary for implementing such policies. CHAPTER II APPROVAL TO ATTRACT GAMES AND ASSESSMENT, ETC. Article 5 (General Supervision, Coordination and Cooperation)(1) The Minister of Culture, Sports and Tourism shall generally supervise and coordinate policies to support bidding for and holding games.(2) The Minister of Culture, Sports and Tourism may request the heads of the relevant central administrative agencies, the heads of the relevant local governments, etc. to provide cooperation, when necessary to generally supervise and coordinate policies prescribed in paragraph (1).(3) Any agency or organization in receipt of a request for cooperation from the Minister of Culture, Sports and Tourism prescribed in paragraph (2) shall comply therewith. Article 6 (Approval to Attract Games)(1) The head of a local government or the head of a sports organization (including games organizations) who intends to attract games (hereinafter referred to as “head of a local government, etc.”) shall submit a plan for holding the games, to the Minister of Culture, Sports and Tourism; and shall acquire his/her approval thereof prior to submitting an application for attracting the games, to the head of the relevant international sports organization. In such cases, the head of the local government shall obtain a resolution from the relevant local council regarding whether to bid for the games prior to submitting the plan for holding the games. <Amended by Act No. 14626, Mar. 21, 2017>(2) Any plan for holding games referred to in paragraph (1) shall provide for the following: <Newly Inserted by Act No. 14626, Mar. 21, 2017> 1. The name of the games; 2. The period and venue for the games, and the schedule for preparing for the games; 3. Status of securing games-related facilities that meet the games criteria in the venues for the games; 4. The specification of games-related facilities to be newly established, and a plan for using them after the games; 5. The total cost for holding the games, and a financing plan therefor; 6. Anticipated effects of holding the games, such as improved performance for events of the games; 7. Other matters prescribed by Presidential Decree as relevant to holding the games. (3) Where the head of a local government, etc. intends to submit a plan for holding the games pursuant to paragraph (1), he/she shall request a specialized institution pre-designated by the Minister of Culture, Sports and Tourism to conduct a preliminary feasibility study on holding the games to review the appropriateness of attracting the games; and shall submit the outcomes of such preliminary feasibility study along with the plan for holding the games. In such cases, the head of the local government shall complete a preliminary feasibility study prior to the relevant local council passing a resolution prescribed in the latter part of paragraph (1). <Newly Inserted by Act No. 14626, Mar. 21, 2017> (4) Where the Minister of Culture, Sports and Tourism approves to attract games pursuant to paragraph (1), he/she shall pre-consult with the Minister of Strategy and Finance regarding financing plans, etc.(5) Matters necessary to grant approval to attract games, such as the procedures for preparing and approving plans for holding games, shall be prescribed by Presidential Decree. <Amended by Act No. 14626, Mar. 21, 2017> Article 6-2 (Report before Applying for Attracting Games)Where the head of a local government, etc. approved to attract the games pursuant to Article 6 (1) intends to submit an application for attracting the games to the head of the relevant international sports organization, he/she shall first report details of such application to the Minister of Culture, Sports and Tourism. [This Article Newly Inserted by Act No. 14626, Mar. 21, 2017] Article 6-3 (Revoking Approval)(1) The Minister of Culture, Sports and Tourism may revoke approval to attract games referred to in Article 6 (1) in any of the following cases:1. When such approval has been obtained by fraud or other improper means; 2. When the application for attracting the games submitted to the head of the relevant international sports organization is different from those approved to attract the games prescribed in Article 6 (1); 3. When a serious crime has been committed in the process of attracting the games, such as providing bribes to people who may influence the decision-making process, such as executives or employees of the relevant international sports organization.(2) The Minister of Culture, Sports and Tourism shall hold a hearing before revoking approval to attract games pursuant to paragraph (1). [This Article Newly Inserted by Act No. 14626, Mar. 21, 2017] Article 7 (Pre-Games and Post-Games Assessment)(1) The Minister of Culture, Sports and Tourism may conduct the pre-games assessment, examining preparations for the games, plans for using facilities after the games, etc. <Amended by Act No. 14626, Mar. 21, 2017>(2) Where deemed that improvements are necessary based upon the outcomes of the assessment referred to in paragraph (1), the Minister of Culture, Sports and Tourism may recommend that the organizing committee referred to in Article 9 or the head of the local government, etc. take measures for improvement. <Newly Inserted by Act No. 14626, Mar. 21, 2017>(3) The organizing committee shall submit the post-games assessment report to the Minister of Culture, Sports and Tourism within six months after the relevant games. <Newly Inserted by Act No. 14626, Mar. 21, 2017>(4) The Minister of Culture, Sports and Tourism shall report the outcomes of holding the games, including the assessment report submitted pursuant to paragraph (3), to the competent standing committee of the National Assembly within nine months after the relevant games. <Amended by Act No. 14626, Mar. 21, 2017>(5) The Minister of Culture, Sports and Tourism shall publicize the pre-games assessment report referred to in paragraph (1) and the post-games assessment report referred to in paragraph (3). <Newly Inserted by Act No. 14626, Mar. 21, 2017>(6) Other matters necessary for post-games assessments shall be prescribed by Presidential Decree. Article 8 (Committee for Supporting International Athletic Games)(1) A committee for supporting international athletic games (hereinafter referred to as "support committee") shall be established under the Prime Minister to deliberate on and coordinate major policies related to holding games.(2) The support committee shall be comprised of around 30 members, including the chairperson: the Prime Minister shall serve as its chairperson; the Minister of Strategy and Finance, the Minister of Education, and the Minister of Culture, Sports and Tourism shall serve as its vice chairpersons; and the remaining members shall be determined by Presidential Decree <Amended by Act No. 12844, Nov. 19, 2014>(3) The support committee shall have one secretary. The secretary shall be designated by the chairperson from among senior executives of the Ministry of Culture, Sports and Tourism. (4) A working committee for supporting international athletic games (hereinafter referred to as "working committee") shall be established under the support committee to examine agendas subject to deliberation and resolution by the support committee and to handle matters delegated to it by the support committee. The Vice Minister of Culture, Sports and Tourism shall serve as the chairperson of the working committee. (5) Other matters necessary for organizing and operating the support committee and the working committee shall be prescribed by Presidential Decree. CHAPTER III ORGANIZING COMMITTEE Article 9 (Establishing Organizing Committee, etc.)(1) To conduct the following projects and activities for preparing for and successfully holding games, an organizing committee (hereinafter referred to as "organizing committee") may be established for the relevant games after obtaining authorization from the Minister of Culture, Sports and Tourism:1. Formulating and executing a comprehensive plan and detailed operational plans for the relevant games;2. Formulating and executing a plan for establishing and using games-related facilities;3. Cooperation with international sports organizations governing the relevant games;4. Private promotional campaigns for encouraging the people’s participation in and raising cultural awareness regarding the relevant games;5. Other projects necessary to facilitate preparing for and operating the relevant games.(2) The organizing committee shall be a corporation.(3) The organizing committee shall have a chairperson, vice chairperson, executive members and auditors as its executive officers, and an executive committee shall be established to facilitate efficiently implementing the duties of the organizing committee. (4) Such details as the fixed number of executive officers referred to in paragraph (3), the term of office and methods for selecting the same, and the composition, functions, etc. of the executive committee shall be prescribed by the articles of incorporation. (5) Except as otherwise expressly prescribed in this Act, the provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis to the organizing committee.(6) Where the organizing committee is dissolved, Article 13 of the Act on the Establishment and Operation of Public Interest Corporations shall apply mutatis mutandis to reversion of residual property. (7) Matters necessary for establishing and operating the organizing committee, including approval of business plans and budget bills, report on the settlement of accounts, shall be determined by Presidential Decree. Article 10 (Assistance from the State, etc.)(1) The organizing committee may request the State, local governments, public institutions (referring to public institutions prescribed in Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply), corporations, organizations, etc. to provide administrative and financial cooperation; assistance; and other necessary support; and the agencies in receipt of such request shall comply therewith, except in any extenuating circumstance.(2) To prevent terrorism and safety threats against games-related facilities, athletes, executive officers, journalists, spectators, etc., the organizing committee may request the State to take supportive measures.(3) The State or local governments may provide funding necessary to establish and operate the organizing committee and to prepare for and operate games. Article 11 (Dispatching Public Officials, etc.)(1) Where the organizing committee deems it necessary to perform its duties, it may request the relevant administrative agencies, local governments, or games-related corporations or organizations to dispatch public officials prescribed in Article 2 (2) of the State Public Officials Act or Article 2 of the Local Public Officials Act or executives or employees of corporations or organizations upon approval by the Minister of Culture, Sports and Tourism.(2) Where the organizing committee requests the corporations or organizations to dispatch their public officials, executives or employees as prescribed in paragraph (1), the heads of the relevant administrative agencies, local governments, corporations or organizations shall select and dispatch persons able to perform the relevant duties, except in extenuating circumstances; and where they intend to recall such dispatch during the period of dispatch, they shall pre-consult with the organizing committee. (3) The heads of the relevant administrative agencies, local governments, corporations or organizations that have dispatched public officials, executives or employees as prescribed in paragraph (2) shall not treat dispatched persons unfavorably regarding their promotion, change of position, education, rewards, welfare, etc.(4) Where deemed that dispatched public officials, or executives or employees of corporations or organizations are unable to perform their duties, the organizing committee may request the relevant administrative agencies, local governments, corporations or organizations that have dispatched such public officials, executives or employees to recall the dispatch. Article 12 (Establishing, etc. Fund)(1) To appropriate funds necessary to establish and operate the organizing committee and to meet the expenses to be incurred in preparing for and operating the games, the organizing committee may establish a Games Fund (hereinafter referred to as "Fund").(2) The Fund shall be financed as follows: <Amended by Act No. 13726, Jan. 6, 2016>1. Contributions, subsidies, and donations from the Government and entities other than the Government;2. Funds borrowed under Article 14;3. Earnings from for-profit businesses prescribed in Article 16;4. Profits from sports promotion betting tickets allocated to the organizing committee pursuant to Article 17;5. Profits from issuing commemorative coins prescribed in Article 18; 6. Earnings from outdoor advertising business subsidized to the organizing committee pursuant to Article 6 (5) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry;7. Profits from operating the Fund;8. Other revenues.(3) The fiscal year of the Fund shall coincide with that of the Government.(4) Other matters necessary to operate and manage the Fund shall be prescribed by Presidential Decree. Article 13 (Lending, etc. State or Public Property)(1) Where deemed necessary to support the organizing committee, the State or local governments may gratuitously lend the organizing committee any State or public property or permit the organizing committee to use or profit therefrom; or gratuitously transfer office supplies or other articles to the organizing committee or permit the organizing committee to gratuitously use them so as not to impede the intended purpose of such property, office supplies or other articles.(2) Where the organizing committee is allowed to gratuitously borrow, use, profit from, or receive State or public property, office supplies or other articles pursuant to paragraph (1), the relevant details, terms and conditions, procedures, etc. shall be prescribed by contract between the managing authority of the relevant property or articles and the organizing committee. Article 14 (Borrowing, etc. Funds)(1) Where necessary to prepare for and operate the games, the organizing committee may borrow money (including from international organizations, foreign countries, foreigners, etc.); or may import goods with approval of the Minister of Culture, Sports and Tourism.(2) Where the organizing committee borrows funds from overseas or imports goods, the Introduction and Management of Public Loans Act and the Foreign Exchange Transactions Act shall apply. Article 15 (Exempting from Duty to Purchase Bonds, etc.)Where the organizing committee acquires movable property, immovable property, etc. for its operation and activities, it shall be exempt from the duty to purchase various bonds, etc. under relevant statutes in the same manner as such exemption is applied to State agencies. Article 16 (For-Profit Businesses)(1) To meet the expenses to be incurred in preparing for and operating the games, the organizing committee may engage in the following for-profit businesses with approval of the Minister of Culture, Sports and Tourism:1. Emblem business;2. Official commemorative medal business;3. Broadcasting rights business;4. Selling lots of land, such as housing sites; 5. Other games-related businesses prescribed by Presidential Decree.(2) The organizing committee may grant some of the funds raised from for-profit businesses to other games-related institutions, corporations, or organizations, as prescribed by Presidential Decree. Article 17 (Issuing Additional Sports Promotion Betting Tickets)(1) Where necessary to meet expenses to be incurred in preparing for and operating the games, the organizing committee may request the president of the Korea Sports Promotion Foundation (hereinafter referred to as "president") to issue additional sports promotion betting tickets prescribed in Article 24 of the National Sports Promotion Act.(2) The president shall allocate profits from additional sports promotion betting tickets issued under paragraph (1), to the organizing committee each quarter.(3) Matters necessary for issuing additional sports promotion betting tickets, allocating profits, etc. prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree.(4) The additional sports promotion betting tickets issued under paragraph (1) shall be excluded from the total quantity of sales adjusted or recommended by the National Gambling Control Commission prescribed in Article 5 of the National Gambling Control Commission Act. Article 18 (Issuing Commemorative Coins)(1) To meet the expenses to be incurred in preparing for and operating the games, the organizing committee may request the Bank of Korea to issue commemorative coins.(2) The organizing committee may exclusively acquire commemorative coins issued under paragraph (1). Article 19 (Issuing Commemorative Stamps, etc.)To publicize or commemorate the games, the organizing committee may request the Minister of Science and ICT to issue commemorative stamps or postal cards. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> Article 20 (Service Charges, etc.)In performing duties for the games and other games-related projects, the organizing committee may collect service charges or usage fees, as prescribed by Presidential Decree, in any of the following cases:1. Where using games-related facilities or articles managed by the organizing committee is allowed;2. Where the organizing committee provides services to individuals, corporations, or organizations;3. Other cases prescribed by Presidential Decree. CHAPTER IV GAMES-RELATED FACILITIES, ETC. Article 21 (Formulating and Implementing Project Plans)(1) The head of a local government having jurisdiction over the venue for the games shall formulate a plan for establishing, using, etc. games-related facilities (hereinafter referred to as "project plan") to successfully hold the games; and shall obtain approval thereof from the Minister of Culture, Sports and Tourism.(2) The total project cost under the project plan referred to in paragraph (1) shall not exceed the total project cost under the plan for holding the games referred to in Article 6: Provided, That the foregoing shall not apply to any of the following: <Newly Inserted by Act No. 14626, Mar. 21, 2017>1. Increases in price;2. Increases in compensation for loss of land, etc. necessary to implement the project; 3. Increases in the project cost arising from circumstances beyond the control of the head of the local government, etc., such as damage to games-related facilities due to natural disasters, etc.;4. Other increases in the project cost not caused by the head of the local government, as prescribed by Presidential Decree.(3) Where the Minister of Culture, Sports and Tourism intends to approve a project plan, he/she shall pre-consult with the head of the relevant central administrative agency; and shall submit the case for deliberation by the support committee. <Amended by Act No. 14626, Mar. 21, 2017>(4) The head of the relevant central administrative agency in receipt of a request for consultation prescribed in paragraph (3) shall present his/her opinions to the Minister of Culture, Sports and Tourism within 40 days from the date of receipt of such request, except in extenuating circumstances.(5) Where the head of the relevant central administrative agency fails to submit his/her opinions within the period prescribed in paragraph (4), he/she shall be deemed to have no related opinion. <Newly Inserted by Act No. 14626, Mar. 21, 2017> (6) Where the Minister of Culture, Sports and Tourism approves a project plan, he/she shall send documents to the heads of the relevant administrative agencies and the head of the local government having jurisdiction over the venue for the games; and the head of the local government in receipt of such documents shall publish them. (7) Matters necessary for formulating, publishing, etc. project plans shall be prescribed by Presidential Decree. (8) Where a project plan approved under paragraph (1) is to be amended, paragraphs (3) through (7) shall apply mutatis mutandis: Provided, That the foregoing shall not apply when amending any insignificant matters prescribed by Presidential Decree. <Amended by Act No. 14626, Mar. 21, 2017> Article 22 (Subsidizing, etc. Games-Related Facilities)(1) The State or local governments may grant subsidies to partially cover the expenses to be incurred in newly constructing, remodeling or repairing games-related facilities.(2) Where subsidies are granted under paragraph (1), the percentage of State subsidies shall be according to the Subsidy Management Act. (3) Where the head of the local government having jurisdiction over the venue for the games requests the State or local governments to transfer any State or public property to establish games-related facilities, the State or local governments may preferentially transfer such property, notwithstanding the State Property Act and the Public Property and Commodity Management Act. In such cases, any State or public property to be transferred can be used for non-State or non-public purposes without following separate procedures. (4) Where a project for installing games-related facilities, etc. is implemented in areas of several local governments, the local governments involved shall cooperate therewith.(5) The State or local governments may preferentially implement games-related projects that are being implemented or scheduled to be implemented in the venue cities or in the vicinity thereof, by adjusting their schedule according to the timing for holing the games, as prescribed by Presidential Decree.(6) Local governments may issue local bonds to subsidize the projects for games-related facilities. In such cases, notwithstanding Article 11 of the Local Finance Act, they may issue local bonds exceeding the ceiling for issuing local bonds. (7) Where athlete villages or media villages constructed as games-related facilities are to be provided to the public, notwithstanding Article 57 of the Housing Act, restrictions need not be imposed on the price of a unit of multi-unit housing with an area exceeding 85 square meters for exclusive use. <Amended by Act No. 13805, Jan. 19, 2016> Article 23 (Special Cases concerning Approval of Project Plans)Where a project plan referred to in Article 21 is approved, the following activities shall be deemed completed: <Amended by Act No. 12687, May 28, 2014>1. Formulating a reclamation master plan prescribed in Article 22 of the Public Waters Management and Reclamation Act;2. Formulating and reporting a medium-term local financial plan prescribed in Article 33 of the Local Finance Act; and examining financial investment projects prescribed in Article 37 of the same Act. Article 24 (Implementers of Projects for Establishing, Using, etc. Games-Related Facilities)(1) The head of the local government having jurisdiction over the venue for the games, may directly implement projects for establishing, using, etc. games-related facilities; or may designate any of the following persons as a project implementer to implement such projects:1. The head of a Si/Gun/Gu (only applicable where the head of the local government having jurisdiction over the venue for the games is the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province Governor);2. Public institutions prescribed by Presidential Decree;3. Local government-invested public corporations prescribed in the Local Public Enterprises Act;4. Where such projects are implemented under a public-private partnership pursuant to the Act on Public-Private Partnerships in Infrastructure, project implementers prescribed by the same Act;5. Other implementers prescribed by Presidential Decree. (2) Anyone who intends to be designated as an implementer pursuant to paragraph (1) (hereinafter referred to as "implementer") shall prepare documents prescribed by Presidential Decree; and shall submit them to the head of the local government having jurisdiction over the venue for the games. Article 25 (Approval of Implementers' Project Plans)(1) Where approval is granted for a project plan prescribed in Article 21, the relevant implementer shall prepare an implementer's project plan stating matters prescribed by Presidential Decree, etc., such as the scale and details of the project for establishing, using, etc. games-related facilities, the project period, and financing plan; and shall obtain approval thereof from the head of the local government having jurisdiction over the venue for the games; the same shall apply when amending matters already approved: Provided, That the foregoing shall not apply when amending insignificant matters prescribed by Presidential Decree.(2) Where the head of the local government having jurisdiction over the venue for the games approves an implementer's project plan or approves any amendment thereto, he/she shall, without delay, publish it in the official report; and shall send a copy of related documents to the heads of the competent local governments. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply to hearing of residents' opinions and publication of the topographical map of the area where games-related facilities are to be established and used, stated in the project plan.(3) The heads of the local governments in receipt of a copy of relevant documents pursuant to paragraph (2) shall make the details thereof available for public inspection for at least 14 days. Article 26 (Restrictions on Activities, etc.)No permit to engage in development activities prescribed in Article 56 of the National Land Planning and Utilization Act; no permit to construct buildings or temporary buildings prescribed in the Building Act or reporting thereon; and no reporting on the building of structures prescribed in the Building Act, shall be granted or filed where games-related facilities are to be established and used from the date approval of an implementer's project plan is publicly announced under Article 25: Provided, That the foregoing shall not apply when the head of the competent Si/Gun/Gu deems that such activities do not hinder establishing and using games-related facilities; and grants a permit or receives a report accordingly. Article 27 (Authorization, Permission, etc. Deemed Granted under Other Acts)(1) Where an implementer obtains approval of his/her project plan or amendment thereto pursuant to Article 25, the following permission, authorization, determination, revocation, designation, approval, consultation, deliberation, reporting, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted, performed, or made; and where approval is publicly announced, authorization, permission, etc. shall be deemed publicly notified or announced pursuant to the following Acts: <Amended by Act No. 12248, Jan. 14, 2014; Act No. 12738, Jun. 3, 2014; Act No. 13498, Aug. 28, 2015; Act No. 13805, Jan. 19, 2016; Act No. 14480, Dec. 27, 2016; Act No. 14532, Jan. 17, 2017>1. Permission to change, etc. the form and quality of land prescribed in Article 21-2 of the Grassland Act; and permission to convert grassland prescribed in Article 23 of the same Act;2. Permission to convert farmland; and consulting thereon prescribed in Article 34 of the Farmland Act;3. Permission to use agricultural production infrastructure prescribed in Article 23 of the Rearrangement of Agricultural and Fishing Villages Act; and approval of a development project plan for a rural tourism and resort complex referred to in Article 82 (2) of the same Act;4. Drafting and determining a park development plan prescribed in Article 16 of the Act on Urban Parks, Green Areas, Etc.; and permission to occupy and use an urban park prescribed in Article 24 of the same Act; 5. Permission to convert a mountainous district prescribed in Article 14 of the Mountainous Districts Management Act; reporting on the conversion of a mountainous district prescribed in Article 15 of the same Act; and permission to temporarily use a mountainous district and reporting thereon prescribed in Article 15-2 of the same Act;6. Permission to cut, etc. standing trees and reporting thereon prescribed in Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;7. Permission to engage in, or reporting on activities in forest conservation zones referred to in Article 9 (1) and (2) 1 and 2 of the Forest Protection Act (excluding conservation zones for forest genetic resources; hereafter in this Article the same shall apply); and revoking designation of a forest conservation zone referred to in Article 11 (1) 1 of the same Act;8. Permission to occupy and use a public water prescribed in Article 8 of the Public Waters Management and Reclamation Act; approval of implementation plans prescribed in Article 17 of the same Act; a license to reclaim public waters prescribed in Article 28 of the same Act; public announcement of licenses prescribed in Article 33 of the same Act; consultations or approval prescribed in Article 35 or 36 of the same Act; and approving and publicly announcing an implementation plan for reclaiming public waters prescribed in Article 38 of the same Act;9. Permission to implement river works referred to in Article 30 of the River Act; and permission to occupy and use a river referred to in Article 33 of the same Act; 10. Authorization to install public sewage systems referred to in Article 11 of the Sewerage Act; permission to implement construction works for public sewage systems referred to in Article 16 of the same Act; and permission to occupy and use a public sewage system referred to in Article 24 of the same Act;11. Permission to implement small river construction works referred to in Article 10 of the Small River Maintenance Act;12. Reporting on industrial waste referred to in Article 17 of the Wastes Control Act;13. Permission to install facilities for discharging water pollutants or reporting thereon prescribed in Article 33 of the Water Environment Conservation Act; 14. Reporting on fugitive dust prescribed in Article 43 of the Clean Air Conservation Act;15. Prior reporting on specific construction works referred to in Article 22 of the Noise and Vibration Control Act;16. Approval of a business plan referred to in Article 12 of the Installation and Utilization of Sports Facilities Act;17. Approval of a business plan referred to in Article 15 of the Tourism Promotion Act; and approval of a development plan for a tourist destination and tourism complex referred to in Article 54 of the same Act;18. Permission to implement road works by those other than the road management agency referred to in Article 36 of the Road Act; permission to occupy and use a road prescribed in Article 61 of the same Act; and consultation with or approval from the road management agency prescribed in Article 107 of the same Act;19. Permission to open a private road prescribed in Article 4 of the Private Road Act;20. Determining an Urban/Gun management plan referred to in Article 30 of the National Land Planning and Utilization Act (excluding determination of special-purpose area, special-purpose district, and special-purpose zone); designating a district-unit planning zone referred to in Article 51 of the same Act; permission to engage in development activities referred to in Article 56 of the same Act; designating an implementer of an urban/Gun planning facility project referred to in Article 86 of the same Act; and preparing and authorizing an implementation plan referred to in Article 88 of the same Act;21. Permission to exhume a grave of person having no surviving relatives and to bury remains from such grave in another place provided for in Article 27 (1) of the Act on Funeral Services, Etc.;22. Approval of an implementation plan for a housing site development project provided for in Article 9 of the Housing Site Development Promotion Act;23. Permission to cut trees provided for in Article 14 of the Erosion Control Work Act; and revoking designation of land treated for erosion control provided for in Article 20 of the same Act;24. Permission to use State property referred to in Article 30 of the State Property Act;25. Designating public housing project implementers referred to in Article 4 of the Special Act on Public Housing; designation of a public housing zone referred to in Article 6 of the same Act; and approval of a public housing zone development plan referred to in Article 17 of the same Act; 26. Reporting on commencing, modifying or completing a project provided for in Article 86 (1) of the Act on the Establishment, Management, etc. of Spatial Data;27. Deliberation by a building committee established under Article 4 of the Building Act; a building permit granted under Article 11 of the same Act; permission to construct temporary buildings or reporting thereon provided for in Article 20 of the same Act; consulting on construction provided for in Article 29 of the same Act; and reporting on the building of structures provided for in Article 83 of the same Act;28. Approval of a project plan referred to in Article 15 of the Housing Act. (2) Where the head of the local government having jurisdiction over the venue for the games, approves an implementer's project plan or any amendment thereto, he/she shall pre-consult with the head of the relevant administrative agency if such project plan includes the matters referred to in paragraph (1); and the head of the relevant administrative agency shall submit his/her opinion within 30 days from the receipt of a request for consultation.(3) Where the head of the relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (2), he/she shall be deemed to have no related opinion. <Newly Inserted by Act No. 14626, Mar. 21, 2017>(4) Where deemed especially necessary to establish games-related facilities in consideration of the conditions of the location, such facilities may be established in development restriction zones or sports parks, as prescribed in the Act on Special Measures for Designation and Management of Development Restriction Zones or in the Act on Urban Parks, Green Areas, Etc. (5) Games-related facilities shall be deemed infrastructure prescribed in the Act on Public-Private Partnerships in Infrastructure. Article 28 (Expropriating Land, etc.)(1) Where necessary to implement a project, the implementer thereof may expropriate or use land, articles or rights (hereafter in this Article referred to as "land, etc.") prescribed in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.(2) Where an implementer's project plan is approved or publicly announced, project approval or public announcement thereof prescribed in Articles 20 and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be deemed granted and given; and an application for adjudication may be filed within the period for implementation stipulated in the implementer's project plan, notwithstanding Articles 23 and 28 of the same Act.(3) Except as otherwise expressly prescribed in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to expropriating or using land, etc. provided for in paragraph (1). Article 29 (Verifying Construction Works Completion)(1) Where an implementer completes construction works, he/she shall, without delay, submit a completion report on construction works to the head of the local government having jurisdiction over the venue for the games; and shall obtain verification of construction works completion. In such cases, the head of the local government in receipt of an application for verifying the completion of construction works, may request the heads of the relevant public institutions, research institutions or other specialized institutions to conduct inspections necessary for verifying construction works completion.(2) Where the head of the local government having jurisdiction over the venue for the games receives an application for verifying the completion of construction works as prescribed in paragraph (1), he/she shall inspect the completion of construction works, as prescribed by Presidential Decree; and shall issue a certificate of construction works completion if he/she deems that the construction works have been implemented as approved.(3) Where an implementer obtains a certificate of construction works completion prescribed in paragraph (2), he/she shall be deemed to have undergone a pre-use inspection or obtained authorization of construction works completion, deemed undergone or granted under Article 27 (1). CHAPTER V SUPPLEMENTARY PROVISIONS Article 30 (Using Games Emblems, etc.)Where any person intends to display any symbolic items of the games, such as the emblems or mascots designated by the organizing committee, on products, etc. or use such items for advertising or other for-profit purposes, such person shall obtain approval from the organizing committee: Provided, That the foregoing shall not apply when any holder of a right registered under the Trademark Act and the Design Protection Act uses such items. Article 31 (Prohibition on Using Similar Titles)No entity, other than the organizing committee, shall use the name of the organizing committee for the relevant games or any similar name thereto. Article 32 (Persons Deemed Public Officials for Purposes of Penalty Provisions)The executives and employees of the organizing committee and the executives and employees dispatched to the organizing committee from corporations or organizations pursuant to Article 11 shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act. CHAPTER VI PENALTY PROVISIONS Article 33 (Penalty Provisions)Any person who violates Article 30 shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 20 million won. Article 34 (Administrative Fines)(1) Any person who violates Article 31 shall be punished by an administrative fine not exceeding five million won.(2) Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. 부칙 ADDENDA <Act No. 11690, Mar. 23, 2013>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 12248, Jan. 14, 2014>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 12251, Jan. 14, 2014>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 12407, Mar. 11, 2014>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 12687, May 28, 2014>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 12738, Jun. 3, 2014>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 12844, Nov. 19, 2014>Article 1 (Enforcement Date) 부칙 ADDENDUM <Act No. 13303, May 18, 2015>This Act shall enter into force on the date of its promulgation. 부칙 ADDENDA <Act No. 13498, Aug. 28, 2015>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 13726, Jan. 6, 2016>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 13805, Jan. 19, 2016>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 14480, Dec. 27, 2016>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 14532, Jan. 17, 2017>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 14626, Mar. 21, 2017>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 14839, Jul. 26, 2017>Article 1 (Enforcement Date) (1) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Acts promulgated before this Act enters into force, but the dates they enter into force have not yet arrived, among the Acts amended by Article 5 of this Addenda, shall enter into force on the dates the respective Acts enter into force. Articles 2 through 6 Omitted.

PROCUREMENT

2355일전 | 18.11.13 | 조회 42

ENFORCEMENT DECREE OF THE ELECTRONIC PROCUREMENT UTILIZATION AND PROMOTION ACT

ENFORCEMENT DECREE OF THE ELECTRONIC PROCUREMENT UTILIZATION AND PROMOTION ACT[Enforcement Date 27. Sep, 2016.] [Presidential Decree No.27513, 27. Sep, 2016., Partial Amendment] 조달청 ( 전자조달기획과) , 070-4056-7215 기획재정부 ( 계약제도과) , 044-215-5211 Article 1 (Purpose)The purpose of this Decree is to provide for the matters delegated by the Electronic Procurement Utilization and Promotion Act and those necessary for the enforcement thereof. Article 2 (Scope of Public Organizations)"Public organization specified by Presidential Decree" in subparagraph 1 of Article 2 of the Electronic Procurement Utilization and Promotion Act (hereinafter referred to as the "Act"), means any of the following institutions recognized by the Administrator of the Public Procurement Service as a procuring entity upon receipt of a request to allow it to use or utilize the integrated national electronic procurement system (hereinafter referred to as the "Electronic Procurement System"):1. A public institution designated under Article 4 of the Act on the Management of Public Institutions;2. A school established under the Elementary and Secondary Education Act, the Higher Education Act, or any other Act;3. An institution established with funding from a local government;4. An institution funded by a local government;5. A corporation established for a public purpose under a Special Act;6. An institution where the total shares of the institutions specified in subparagraphs 1 through 5 amount to at least 50 percent of its equity capital;7. An institution recognized by the Administrator of the Public Procurement Service under Article 4 of the Enforcement Decree of the Government Procurement Act, in addition to the institutions specified in subparagraphs 1 through 6. Article 3 (Policies for Facilitating Electronic Procurement)The policies for facilitating electronic procurement referred to in Article 5 (2) of the Act shall include the following:1. Basic direction-setting for promoting electronic procurement;2. Development and operation of the Electronic Procurement System;3. Plans to collect, analyze, and utilize statistical data for electronic procurement;4. Other matters necessary to facilitate electronic procurement, including education and training on electronic procurement. Article 4 (Method, Period, etc. for Electronic Publication)(1) Articles 33 through 36 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, and Articles 33 through 36 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party shall apply to the method and period for publication under Article 6 (2) of the Act.(2) In cases of an international competitive bidding, the head of a procuring entity or a contracting agent shall publish a notice of the matters specified in the subparagraphs of Article 8 (2) of the Regulations on Special Cases concerning the Enforcement Decree of the Act on Contracts to Which the State Is a Party in Specific Procurement on the Electronic Procurement System.(3) If there is a discrepancy between the notice published on the Electronic Procurement System and the bid notice in the form of an attached file (hereinafter referred to as "bid notice"), the contents of the bid notice shall take precedence: Provided, That, in cases of the date of bid notice, if discrepancy exists between the date posted on the Electronic Procurement System and the date stated in the bid notice, the date posted on the Electronic Procurement System shall take precedence.(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the electronic publication of competitive bidding shall be prescribed by Ordinance of the Ministry of Strategy and Finance. Article 5 (Submission of Bidding Documents in Electronic Form)(1) An electronic procurement user shall submit a bidding document in electronic form under Article 7 of the Act (hereinafter referred to as "electronic bidding document") through the Electronic Procurement System within the period designated in the electronic publication of notice of competitive bidding.(2) An electronic procurement user may submit only one electronic bidding document for one and the same bidding event by the same computer.(3) No electronic procurement user may replace, amend, or revoke an electronic bidding document submitted through the Electronic Procurement System: Provided, That, if an error is found in any important matter entered therein, such as bid price in the electronic bidding document, the electronic procurement user who submitted the electronic bidding document may request the head of the relevant procuring entity or contracting agent to revoke the electronic bid under Article 7 of the Act (hereinafter referred to as "electronic bid"), as prescribed by Ordinance of the Ministry of Strategy and Finance.(4) Upon receipt of a request to revoke under paragraph (3), the head of a procuring entity or a contracting agent may revoke the electronic bid of such electronic procurement user and treat the relevant electronic bidding document as void.(5) If the electronic bidding document submitted by an electronic procurement user is treated as void according to his/her request for revoking the electronic bid under the proviso to paragraph (3) or paragraph (4), the electronic procurement user shall not be permitted to participate in the relevant electronic bidding process: Provided, That the foregoing shall not apply where the head of the relevant procuring entity or contracting agent calls for a re-bid or publishes a notice of re-bid under Article 20 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party or Article 19 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party.(6) If it is impracticable to read a document accompanying an electronic bid submitted through the Electronic Procurement System because the accompanying document of the electronic bid is encrypted or is infected by a computer virus, it shall be deemed that the accompanying document of the electronic bid has not been submitted. Article 6 (Electronic Open Non-Bid Contracts)(1) Where the head of a procuring entity or a contracting agent intends to determine a contractor through the Electronic Procurement System with respect to a non-bid contract, for which he/she shall obtain quotations from at least two persons under Article 30 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party or Article 30 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, he/she shall publish the notice inviting quotations, clearly stating the matters necessary for submitting quotations in electronic form under Article 7 of the Act (hereinafter referred to as "electronic quotation").(2) Articles 4 and 5 shall apply mutatis mutandis to the submission of electronic quotations and the publication of notice inviting such quotations under paragraph (1). In such cases, the term "bid notice" in Article 4 shall be construed as "notice inviting quotations," and the term "electronic bidding document" in Article 5 as "electronic quotation." Article 7 (Electronic Processing of Subcontract Management)(1) If an electronic procurement user intends to subcontract with one another, he/she may prepare a subcontract in electronic form on the Electronic Procurement System or the system operated by the head of a procuring entity to electronically manage the subcontract under Article 9-2 (1) of the Act (hereinafter referred to as “Electronic Procurement System, etc.”).(2) Electronic Procurement System, etc. shall include the following functions:1. Functions for claim, approval and payment of the following amounts:a. Amount to be paid to subcontractors, workers, and suppliers of materials or equipments by a person who has made a contract with the head of a procuring entity or a contracting agent (hereinafter referred to as “contractor”);b. Amount to be paid to workers and suppliers of materials or equipments by a subcontractor;2. Functions by which the head of a procuring entity or a contracting agent may check the claim, approval and payment referred to in subparagraph 1 in real time;3. Functions concerning electronic processing such as approval and confirmation which a contractor shall be granted by the head of a procuring entity or a contracting agent related to the subcontract under the relevant Acts such as the Frame Work Act on the Construction Industry;4. Functions concerning electronic processing of notification to the head of a procuring entity or a contracting agent under the relevant Acts such as the Frame Work Act on the Construction Industry;5. Other functions which the Administrator of the Public Procurement Service and the head of a procuring entity deem necessary for electronic processing of subcontract management.(3) A contractor or subcontractor shall open the appropriation account for the payment of amounts referred to in the items of paragraph (2) 1 and register such account on Electronic Procurement System, etc.(4) Where the head of a procuring entity referred to in Article 14 (2) of the Act intends to establish the system operated for electronic management of subcontracts under Article 9-2 (1), he/she shall consult with the Minister of Strategy and Finance in advance.[This Article Wholly Amended by Presidential Decree No. 27513, Sep. 27, 2016] Article 8 (Methods, Procedure, etc. for Electronic Payment of Bonds)(1) Where the head of a procuring entity or a contracting agent intends to have a bidder or counter party of a contract pay a bid bond, contract bond, warranty bond, etc. by submitting a letter of guarantee in electronic form through the Electronic Procurement System under Article 10 (1) of the Act and the main sentence of paragraph (2) of the same Article, such payment shall be made by means of submitting a letter of guarantee, etc. defined under Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party (hereinafter referred to as “letter of guarantee, etc.”) in electronic form: Provided, That the head of a procuring entity or a contracting agent may have him/her directly submit a letter of guarantee, etc. thereto where it is impossible to submit the letter of guarantee, etc. in electronic form due to a failure in the Electronic Procurement System, etc. <Amended by Presidential Decree No. 27513, Sep. 27, 2016>(2) A guarantor (referring to an entity that issues an instrument for guarantee, etc. specified in Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party) shall transmit a letter of guarantee in electronic form to the head of the relevant procuring entity or contracting agent, through the Electronic Procurement System after obtaining certification from a licensed certification authority designated under Article 4 of the Digital Signature Act, and shall then ascertain whether it has been transmitted properly.(3) A bid bond in electronic form shall be submitted to the Electronic Procurement System by not later than the day immediately before the due date for submitting electronic bidding documents, except as otherwise expressly provided for in the relevant bid notice. Article 9 (Request, etc. for Providing Information for Operation of Electronic Procurement System)(1) Pursuant to Article 12 (2) of the Act, the Administrator of the Public Procurement Service may request the head of a procuring entity or the head of any relevant institution to provide the following data or information:1. Data or information related to the guidelines for determining the estimated price;2. Data or information related to the eligibility requirements for participation in a competitive bid;3. Data or information related to eligibility screening of prospective bidders;4. Data or information related to the examination of capability to perform a contract;5. Data or information related to restrictions on participation of inappropriate business entities in a competitive tendering procedure under Article 27 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party or Article 31 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party;6. Data or information related to the making, performance, cancellation, and termination of contracts;7. Data or information related to the awarding and performance of contracts;8. Information related to the temporary or permanent closure, etc. of business of electronic procurement users;9. Other data or information publicly notified by the Administrator of the Public Procurement Service as deemed necessary for performing contracting services under the Enforcement Decree of the Act on Contracts to Which the State Is a Party or the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, in connection with non-bid contracts, amendments to contracts, payment of contract prices, public disclosure of information related to contracts, etc.(2) The Administrator of the Public Procurement Service may request the head of a relevant institution to provide the data or information specified in paragraph (1) in paper form or by facsimile or other electronic means.(3) The Administrator of the Public Procurement Service may collect and provide information, etc. on contracts or render services necessary for electronic transactions to the extent necessary to assist procuring entities’ efficient contract management. Article 10 (Restriction on Use or Utilization of Electronic Procurement System)"Cases specified by Presidential Decree" in Article 15 (2) 3 of the Act means any of the following cases:1. Where the person has been punished for a violation of any provision of Articles 18 through 20 of the Act during the latest three years;2. Where the person is delinquent in a national or local tax;3. Where the person is an inappropriate business entity subject to restrictions on participation in a competitive tendering procedure under Article 27 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party or Article 31 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party. Article 11 (Registration, etc. of Users of Electronic Procurement System)(1) Each person who intends to participate in an electronic bid under Article 7 of the Act shall file for registration as a user under Article 17 (1) of the Act by the day immediately before the due date for submitting electronic bidding documents. The same procedure shall also apply where any registered matter changes.(2) A person who intends to file for registration as a user or an electronic procurement user who intends to modify his/her registration as a user under Article 17 of the Act shall apply for the user registration or for the modification of such registration through the Electronic Procurement System with an authorized certificate issued by the licensed certification authority under Article 15 of the Digital Signature Act.(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for user registration in the Electronic Procurement System and the modification of such registration shall be determined and publicly notified by the Administrator of the Public Procurement Service. Article 12 (Scope, etc. of Trade Secret)(1) The scope of trade secret under Article 18 (1) of the Act is as follows: Provided, That matters publicly known or matters published with the consent of the relevant electronic procurement user shall be excluded herefrom:1. Matters with which the name, trade name, address, etc. of an individual user not involved in a transaction made on the Electronic Procurement System can be identified;2. Matters concerning the price and quantities of the goods or services supplied by an individual user not involved in a transaction made on the Electronic Procurement System;3. Matters concerning the manufacturing costs;4. Other matters that constitute a production method or sales method, or information on technology or business management useful for business activities, kept confidential by exerting considerable efforts, and the disclosure of which is likely to give rise to a loss to the relevant electronic procurement user or cause an impediment to his/her business.(2) The measures to protect trade secrets referred to in Article 18 (4) of the Act are as follows:1. Formulation and enforcement of regulations on the management of trade secrets;2. Indication of trade secrets;3. Education of workers. Article 13 (Criteria, etc. for Designation of Electronic Procurement Support Centers)(1) The criteria for designating an electronic procurement support center under Article 23 (1) of the Act (hereinafter referred to as "support center") are as follows:1. It shall be a nonprofit corporation that has definite business objectives and practicable implementation plans;2. Its financing plan shall be reasonable;3. It shall have assets, experts, records of performance, etc. necessary for performing the activities specified in Article 23 (2) of the Act, which meet or exceed the standards determined by the Administrator of the Public Procurement Service.(2) A person who wishes to be designated as a support center shall file an application for designation with the Administrator of the Public Procurement Service in the form prescribed by Ordinance of the Ministry of Strategy and Finance. The same procedure shall also apply where a person intends to modify any of the facts relevant to the designation.(3) Upon receipt of an application for designation under paragraph (2), the Administrator of the Public Procurement Service shall designate a person who meets the designation criteria specified in paragraph (1) as a support center and shall issue a written designation to the relevant applicant in the form prescribed by Ordinance of the Ministry of Strategy and Finance. (4) The Administrator of the Public Procurement Service may provide a support center with subsidies to cover all or part of the expenses incurred in its performance of the activities specified in Article 23 (2) of the Act, within budgetary limits.(5) A support center that has been provided with subsidies to cover expenses under paragraph (4) shall submit reports on the performance of services and the execution of budget for the pertinent year and a business plan for the next year to the Administrator of the Public Procurement Service, within two months after the end of its business operations for the pertinent year. Article 14 (Usage Fees for Electronic Procurement System)(1) A usage fee for the Electronic Procurement System under Article 25 (1) of the Act shall be determined and publicly notified by the Administrator of the Public Procurement Service in consultation with the Minister of Strategy and Finance, within the actual cost incurred in the operation of the Electronic Procurement System.(2) The amount of a late payment charge under Article 25 (2) of the Act shall be prescribed by Ordinance of the Ministry of Strategy and Finance in an amount not exceeding 10/1,000 of the usage fee.(3) The usage fee and late payment charge under paragraphs (1) and (2) shall be paid in cash: Provided, That the Administrator of the Public Procurement Service may allow the payment by means of electronic cash, electronic settlement, etc. through an electronic communications network.(4) The usage fee and late payment charge collected from a person falling within any subparagraph of Article 25 (1) of the Act shall be regarded as revenue in the special account for procurement under subparagraph 4 of Article 3 of the Government Enterprise Budget Act. Article 15 (Scope, etc. of Persons Eligible for Monetary Awards)(1) To be eligible for monetary awards under Article 26 (1) of the Act, a person shall be a reporting person (as defined under the aforesaid paragraph) who meets each of the following requirements:1. The person shall have made a report or given information to an investigation agency or an authority involved in audits or fair trade investigations, and shall have provided relevant materials before such agency or authority becomes aware of the relevant facts;2. The report or information shall not have been made or provided by a person who works for an investigative agency or who is or was engaged in audits or fair trade investigations, in connection with his/her duties;3. The person shall not be a party to or a stake-holder in an unlawful electronic procurement act as defined under Article 20 of the Act.(2) The amount of monetary awards payable under Article 26 (1) of the Act shall be determined by the Administrator of the Public Procurement Service within 20 million won, taking into account the scale of the relevant unlawful electronic procurement act, potential impact on electronic procurement services, budget, etc.(3) Pursuant to Article 26 (1) of the Act, a person who intends to make a report or provide information on a fraudulent electronic procurement act under Article 20 of the Act and submit evidentiary materials shall submit the report or written information on the fraudulent act to the Administrator of the Public Procurement Service in the form determined and publicly notified by the Administrator of the Public Procurement Service, along with personal information, evidentiary materials, etc.(4) Upon receipt of a report or information under paragraph (3), the Administrator of the Public Procurement Service shall investigate into facts relevant to the fraudulent electronic procurement conduct under Article 20 of the Act and shall notify the person who made the report or provided information and submitted evidentiary materials of the results of the investigation.(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the amount of monetary awards payable for each type of act, period for the payment of monetary awards, etc. shall be determined and publicly notified by the Administrator of the Public Procurement Service. Article 16 (Preservation of Records of Electronic Procurement)The Administrator of the Public Procurement Service shall preserve electronic records processed by the Electronic Procurement System for five years. Article 17 Deleted. <by Presidential Decree No. 27513, Sep. 27, 2016> 부칙 ADDENDUM <Presidential Decree No. 27513, Sep. 27, 2016>This Decree shall enter into force on the date of its promulgation.

PROCUREMENT

2355일전 | 18.11.13 | 조회 35

ELECTRONIC PROCUREMENT UTILIZATION AND PROMOTION ACT

ELECTRONIC PROCUREMENT UTILIZATION AND PROMOTION ACT[Enforcement Date 30. Mar, 2016.] [Act No.13626, 29. Dec, 2015., Partial Amendment] 조달청 ( 전자조달기획과) , 070-4056-7215 기획재정부 ( 계약제도과) , 044-215-5211 CHAPTER I GENERAL PROVISIONS Article 1 (Purpose)The purpose of this Act is to provide for matters necessary for electronic processing of procurement services of procuring entities, thereby ensuring safety, reliability, and fairness in their procurement services and promote and facilitate smooth implementation of electronic procurement services. Article 2 (Definitions)The terms used in this Act shall be defined as follows:1. The term "procuring entity" means a State agency, a local government, or any public organization specified by Presidential Decree; 2. The term "contracting agent" means a person delegated or entrusted with contract management for and on behalf of a procuring entity under relevant statutes;3. The term "procurement services" means services provided in relation to the purchase and supply of goods or services that the head of a procuring entity requires as well as services related to facilities construction contracts;4. The term "integrated national electronic procurement system" means an information system established and operated by the Administrator of the Public Procurement Service under Article 12 in order to electronically process procurement services;5. The term "electronic procurement" means electronic processing of procurement services by using or utilizing the integrated national electronic procurement system;6. The term "electronic procurement user" means a person registered as a user in the integrated national electronic procurement system under Article 17. Article 3 (Scope of Application)This Act shall apply to persons who use or utilize the integrated national electronic procurement system (hereinafter referred to as the "Electronic Procurement System"). Article 4 (Relationship with Other Acts)Except as otherwise expressly provided for in the Act on Contracts to Which the State Is a Party, the Act on Contracts to Which a Local Government Is a Party, or any other Act, electronic procurement shall be governed by this Act. CHAPTER II DIGITALIZATION OF PROCUREMENT SERVICES Article 5 (Electronic Processing of Procurement Services)(1) The head of each procuring entity shall endeavor to process procurement services electronically by using or utilizing the Electronic Procurement System.(2) The Administrator of the Public Procurement Service shall formulate policies for facilitating electronic procurement. Article 6 (Electronic Publication of Competitive Bidding)(1) When the head of a procuring entity or a contracting agent intends to electronically process a competitive bidding process, he/she shall publish a notice of intended procurement on the Electronic Procurement System.(2) The method and time-period for a publication under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. Article 7 (Electronic Bid)When an electronic procurement user intends to participate in a competitive bid or a process for determining the awardee of a non-bid contract through the Electronic Procurement System (hereinafter referred to as "electronic bid"), the user shall submit a bidding document or a quotation in electronic form, as prescribed by Presidential Decree. Article 8 (Electronic Publication of Contractor)The head of a procuring entity or a contracting agent may publish the person determined to be a contractor in an electronic bid (hereinafter referred to as "contractor") on the Electronic Procurement System. Article 9 (Preparation of Electronic Contracts and Formation of Contracts)(1) When the head of a procuring entity or a contracting agent intends to conclude a contract with the contractor by using the Electronic Procurement System, he/she shall prepare a contract in electronic form (hereinafter referred to as "electronic contract") on the Electronic Procurement System, which states the purpose of the contract, contract amount, compliance period, contract bond or default interest, and other necessary matters.(2) A contract made in accordance with paragraph (1) shall be duly formed when it meets each of the following requirements in the order set forth below:1. The head of the procuring entity or the contracting agent shall transmit an electronic contract to the contractor through the Electronic Procurement System;2. The contractor shall transmit to the head of the procuring entity or the contracting agent his/her assent to the terms and conditions of the electronic contract received under subparagraph 1 through the Electronic Procurement System;3. The head of the procuring entity or the contracting agent shall finally confirm the electronic contract received under subparagraph 2 and transmit the confirmed contract to the contractor through the Electronic Procurement System. Article 9-2 (Electronic Processing of Management of Subcontracts)(1) Where the head of a procuring entity or a contracting agent intends to electronically process subcontracting affairs in connection with a contract made with a contractor, he/she shall use the electronic system operated by the head of the procuring entity for the management of subcontracts.(2) Necessary matters relating to the content of, and procedure for, the electronic processing of subcontract management under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.[This Article Newly Inserted by Act No. 13626, Dec. 29, 2015] Article 10 (Electronic Payment of Bonds)(1) The head of a procuring entity or a contracting agent may require bidders or the contractor to pay a bid bond, contract bond, warranty bond, etc. under contract law, etc. using the Electronic Procurement System.(2) The payment of a bid bond, contract bond, warranty bond, etc. under paragraph (1) shall be made by submitting a letter of guarantee in electronic form: Provided, That the foregoing shall not apply where such bond is paid in cash, etc. in accordance with any statute related to contract law. <Newly Inserted by Act No. 13626, Dec. 29, 2015> (3) Necessary matters relating to the method, procedure, etc. for payment under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended by Act No. 13626, Dec. 29, 2015> Article 11 (Transmission and Receipt of Electronic Documents)(1) Every document prepared, transmitted, received, or stored in electronic form (hereinafter referred to as "electronic document") in or through the Electronic Procurement System under Articles 6 through 10, shall bear an official digital signature defined under subparagraph 3 of Article 2 of the Digital Signature Act (including an administrative digital signature defined under subparagraph 9 of Article 2 of the Electronic Government Act).(2) An electronic document shall be deemed transmitted or received at the time it is entered into the Electronic Procurement System: Provided, That a bidding document submitted by an electronic procurement user may be deemed received when it is presented to the licensed certification authority in accordance with Article 20 of the Digital Signature Act, if it is impossible to ascertain the time when the document is entered into the Electronic Procurement System.(3) Notwithstanding the proviso to Article 6 (2) 1 of the Framework Act on Electronic Documents and Transactions, an electronic document entered into any computer system other than the Electronic Procurement System shall be deemed not received, regardless of whether it has been printed out.(4) Notwithstanding Article 7 (2) or (3) of the Framework Act on Electronic Documents and Transactions, an electronic document entered into the Electronic Procurement System shall be deemed transmitted, regardless of the transmitter's actual intention.(5) Notwithstanding Article 9 of the Framework Act on Electronic Documents and Transactions, no transmitter of an electronic document may request confirmation on the receipt of the document or attach any condition on the effectuation of the document: Provided, That if the head of the relevant procuring entity or contracting agent prescribes different rules for this matter, such rules shall apply. CHAPTER III OPERATION AND MANAGEMENT OF ELECTRONIC PROCUREMENT SYSTEM Article 12 (Establishment, Operation, etc. of Electronic Procurement System)(1) The Administrator of the Public Procurement Service shall establish the Electronic Procurement System so as to electronically process procurement services.(2) The Administrator of the Public Procurement Service may request the head of a procuring entity or the head of any relevant institution to provide data or information necessary to establish and operate the Electronic Procurement System, as prescribed by Presidential Decree. The head of an institution in receipt of a request for provision of data or information shall comply with such request, except in exceptional circumstances.(3) The Administrator of the Public Procurement Service may determine and publicly notify standards for the establishment and operation of the Electronic Procurement System. Article 13 (Request to Make Contracts Using Electronic Procurement System)When the head of a procuring entity intends to request the Administrator of the Public Procurement Service to make a contract for the purchase or supply of goods for procurement or a contract on a project for the construction of a facility under the Government Procurement Act, he/she shall make such request through the Electronic Procurement System: Provided, That the foregoing shall not apply in extenuating circumstances due to a natural disaster, computer problem, etc. Article 14 (Establishment and Operation of Independent Electronic Procurement System)(1) If the head of a procuring entity deems it necessary to electronically process procurement services, he/she may establish and operate an independent Electronic Procurement System linked to the Electronic Procurement System.(2) If the head of a procuring entity governed by the Act on Contracts to Which the State Is a Party or the Act on the Management of Public Institutions intends to establish an independent electronic procurement system under paragraph (1), he/she shall hold prior consultation with the Minister of Strategy and Finance thereon. Article 15 (Use or Utilization of Electronic Procurement System by Any Person Other Than Procuring Entities)(1) Any person who is not a procuring entity may use or utilize the Electronic Procurement System for such purpose as holding electronic bidding events or developing and providing a new service by utilizing the Electronic Procurement System, subject to approval from the Administrator of the Public Procurement Service.(2) In any of the following cases, the Administrator of the Public Procurement Service may deny approval for the use or utilization of the Electronic Procurement System, to a person who is not a procuring entity:1. If the person makes a false statement in the application to use or utilize the Electronic Procurement System;2. If the person intends to use or utilize the system for disturbing sound order in a bidding process or violating any related statute;3. Other cases specified by Presidential Decree as not appropriate for a person who is not a procuring entity to use or utilize the Electronic Procurement System. CHAPTER IV MANAGEMENT AND PROTECTION OF INFORMATION OF ELECTRONIC PROCUREMENT USERS Article 16 (Management and Provision of Information, etc. Related to Contracts)(1) The Administrator of the Public Procurement Service shall systematically manage information on bidding, information related to contracts, and information on commodity lists defined under subparagraph 3 of Article 2 of the Act on the Management and Use of Information on Commodity Lists (hereinafter referred to as “information on commodity lists”) through the Electronic Procurement System.(2) If an electronic procurement user finds it necessary to enter or modify any information on commodity lists, which is managed through the Electronic Procurement System under paragraph (1), the user shall request the Administrator of the Public Procurement Service to enter or modify such information. (3) If the head of a procuring entity or a person who is not a procuring entity but has obtained approval from the Administrator of the Public Procurement Service under Article 15, requests the provision of information on bidding, information related to contracts, or information on commodity lists under paragraph (1), the Administrator of the Public Procurement Service shall provide such information in accordance with the Personal Information Protection Act. Article 17 (Registration, etc. of Electronic Procurement Users)(1) A person who intends to contract electronically with a procuring entity or a person who is not a procuring entity through the Electronic Procurement System shall register him/herself as a user in the Electronic Procurement System, as prescribed by Presidential Decree.(2) If an electronic procurement user finds an error in the information registered under paragraph (1) or there is a change in such information, he/she shall file for registration of the correction or change. Article 18 (Protection of Confidential Information)(1) The Administrator of the Public Procurement Service shall formulate measures to protect personal information, trade secrets, etc. of electronic procurement users.(2) No head of any procuring entity or contracting agent shall provide or divulge trade secrets of a contractor to any third party without the consent of the contractor.(3) No person who manages and operates, or has formerly managed and operated, the Electronic Procurement System shall divulge any content of an electronic document or any other relevant information obtained in the course of his/her duties, or use, or allow any third party to use, such information for any purpose other than for performing his/her duties.(4) Matters necessary for the details of the measures to protect trade secret under paragraph (1) shall be prescribed by Presidential Decree. Article 19 (Prohibition of Disturbance of Electronic Procurement Services)(1) No person shall disturb any electronic procurement service by entering false information or a fraudulent order into the Electronic Procurement System.(2) No person shall forge or alter any electronic document or any other related information stored in the Electronic Procurement System, or use any forged or altered information. Article 20 (Prohibition of Unlawful Electronic Procurement Acts)No person shall transfer or lend his/her authorized certificate defined under subparagraph 8 of Article 2 of the Digital Signature Act to any third person with intent to aid and abet the person in participating in an electronic bid, or acquire or borrow such authorized certificate with intent to participate in an electronic bid. CHAPTER V PROMOTION OF, AND ASSISTANCE IN, ELECTRONIC PROCUREMENT SERVICES Article 21 (Education and Training on Electronic Procurement)The Administrator of the Public Procurement Service may operate educational and training programs on the use or utilization of the Electronic Procurement System for public officials or executive officers and employees in charge of electronic procurement services in each procuring entity, or electronic procurement users and their executive officers and employees. Article 22 (Promotion of International Cooperation and Exportation)In order to promote international cooperation in electronic procurement and the exportation of the Electronic Procurement System, the Administrator of the Public Procurement Service may conduct the following activities:1. Publicity of electronic procurement;2. Exchange of technologies and personnel;3. Joint survey and research, and technical cooperation;4. Global standardization;5. Assistance to, and cooperation with, domestic companies in entering into electronic procurement markets of foreign governments;6. Other activities that the Administrator of the Public Procurement Service deems necessary. Article 23 (Electronic Procurement Support Center)(1) In order to render assistance in developing and stably operating the Electronic Procurement System, the Administrator of the Public Procurement Service may designate an electronic procurement support center (hereinafter referred to as “support center").(2) A support center shall perform the following activities:1. Assistance in managing and operating the Electronic Procurement System;2. Research on technologies for stably operating the Electronic Procurement System and assisting education on the system;3. Assistance in developing overseas markets for the Electronic Procurement System and the exportation of the system;4. Research and development for promoting and activating digitalization of procurement services;5. Assistance in international cooperation and publicity in relation to electronic procurement;6. Programs for assisting and cooperating with, domestic companies in entering into electronic procurement markets of foreign governments;7. Other services entrusted by the head of a procuring entity.(3) A support center may engage in activities for profit in order to secure funds to cover necessary expenses incurred in performing the activities listed in paragraph (2).(4) Deleted. <by Act No. 13626, Dec. 29, 2015>(5) Necessary matters relating to the criteria for the designation of a support center, reporting of the results of performance of services, subsidization of expenses, etc. shall be prescribed by Presidential Decree. Article 24 (Revocation of Designation of Support Center)In any of the following cases, the Administrator of the Public Procurement Service may revoke the designation of a support center or issue an order to suspend operation of its business for a specified period not exceeding six months: Provided, That he/she shall revoke the designation if a support center falls within subparagraph 1:1. If the support center has obtained the designation by fraud or any other wrongful means;2. If the support center has no record of performance of services for at least two consecutive years without just grounds;3. If the support center becomes incapable of performing the activities listed in Article 23 (2);4. If the support center ceases to meet any of the designation criteria referred to in Article 23 (5). CHAPTER VI SUPPLEMENTARY PROVISIONS Article 25 (Usage Fees for Electronic Procurement System)(1) The Administrator of the Public Procurement Service may collect usage fees from the following persons for using or utilizing the Electronic Procurement System:1. A procuring entity that directly holds an electronic bidding event;2. A person who contracts with a procuring entity or any person other than a procuring entity through an electronic bidding process;3. A procuring entity that utilizes the Electronic Procurement System for establishing and operating an independent Electronic Procurement System under Article 14 (1);4. A person who is not a procuring entity but uses the Electronic Procurement System in order to hold an electronic bidding event under Article 15;5. A person who is not a procuring entity but utilizes the Electronic Procurement System in order to develop and provide a new service under Article 15;6. An electronic procurement user who requests the registration or modification of information on commodity lists under Article 16 (2).(2) If a person does not pay the usage fee under paragraph (1) by the specified deadline, a late payment charge may be imposed on the person.(3) Necessary matters relating to the amounts of the usage fees and late payment charges under paragraphs (1) and (2), the payment methods for such fees and charges, etc. shall be prescribed by Presidential Decree. Article 26 (Payment of Reward Money)(1) The Administrator of the Public Procurement Service may pay reward money to a person who reports or informs of any fraudulent electronic procurement activities specified in Article 20 and submit evidentiary materials (hereinafter referred to as "reporting person"), within budgetary limits.(2) The person in receipt of a report or information shall keep confidential the identity, etc. of the reporting person.(3) Necessary matters relating to the scope of persons entitled to reward money under paragraph (1), the guidelines and procedures for paying reward money, etc, shall be prescribed by Presidential Decree. CHAPTER VII PENALTY PROVISIONS Article 27 (Penalty Provisions)(1) Any of the following persons shall be punished by imprisonment for not more than ten years or by a fine not exceeding 100 million won:1. A person who disturbs electronic procurement services by entering false information or a fraudulent order into the Electronic Procurement System, in violation of Article 19 (1);2. A person who forges or alters an electronic document or any other related information stored in the Electronic Procurement System or uses forged or altered information, in violation of Article 19 (2).(2) Any person who attempts to commit any of the crimes specified in paragraph (1) shall be punished. Article 28 (Penalty Provisions)Any of the following persons shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won:1. A person who provides or divulges trade secrets of a contractor to any third party, in violation of Article 18 (2);2. A person who divulges any content of an electronic document or any other relevant information obtained in the course of his/her duties, or uses, or allows any third party to use, such information for other than a purpose for performing his/her duties, in violation of Article 18 (3). Article 29 (Penalty Provisions)Any person who transfers or lends an authorized certificate to another person with intent to aid and abet the person to participate in an electronic bid, or acquires or borrows such authorized certificate with intent to participate in an electronic bid, shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won. Article 30 (Joint Penalty Provisions)If the representative of a corporation or an agent, employee, or servant who works for a corporation or for an individual, commits any offense specified in Article 27 or 29 in connection with the business of the corporation or individual, not only such offender shall be punished accordingly, but the corporation or individual also shall be punished by the fine specified in the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not neglected due care and supervision over the relevant business to prevent such offense. Article 31 Deleted. <by Act No. 13626, Dec. 29, 2015> 부칙 ADDENDA <Act No. 13626, Dec. 29, 2015>Article 1 (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.Article 2 (Applicability) The amended provisions of Article 9-2 (1) shall apply beginning with the first contract made after this Act enters into force.Article 3 (Transitional Measure Concerning Administrative Fines) Notwithstanding the amended provisions of Articles 23 (4) and 31, the former provisions shall apply where a person violates any of the former provisions of Article 23 (4) before this Act enters into force.

COMMITTEES

2355일전 | 18.11.13 | 조회 28

ACT ON THE ESTABLISHMENT AND MANAGEMENT OF COUNCILS, COMMISSIONS AND COMMITTEES UNDER ADMINISTRATIVE AGENCIES

ACT ON THE ESTABLISHMENT AND MANAGEMENT OF COUNCILS, COMMISSIONS AND COMMITTEES UNDER ADMINISTRATIVE AGENCIES[Enforcement Date 26. Jul, 2017.] [Act No.14839, 26. Jul, 2017., Amendment by Other Act] 행정안전부 ( 경제조직과) , 02-2100-4452, 4461 Article 1 (Purpose)The purpose of this Act is to contribute to improving democracy, transparency and efficiency in the operation of committees by prescribing matters necessary for the establishment and operation of committees belonging to administrative agencies. Article 2 (Basic Principles)(1) The head of an administrative agency shall effectively coordinate interests concerning major policies, arrange for related administrative agencies to systematically reach an agreement and have consultation, and conduct administration democratically and efficiently by fairly and appropriately operating committees (referring to collegiate organizations comprised of several members to provide advice as requested on, coordinate, consult, deliberate or pass a resolution on affairs under the jurisdiction of an administrative agency, regardless of the name thereof, such as a committee, council, conference, etc.; hereinafter the same shall apply).(2) No committee shall provide advice as requested on, coordinate, consult about, deliberate, or pass a resolution on matters that restrict the people's rights or impose duties on the people beyond functions and powers prescribed by statutes. Article 3 (Scope of Application)(1) This Act shall apply to the following committees belonging to administrative agencies:1. The President and agencies under his/her control; 2.The Prime Minister and agencies under his/her control; 3. Central administrative agencies and agencies belonging thereto under Article 2 (2) of the Government Organization Act.(2) Notwithstanding the provisions of paragraph (1), this Act shall not apply to committees established under the Constitution and committees established as central administrative agencies under other Acts pursuant to Article 2 (2) of the Government Organization Act: Provided, That this shall not apply where a committee is established and operated in a committee established as a central administrative agency. Article 4 (Relationship with other Acts)Where other Acts on the establishment and operation of committees are enacted or amended, such other Acts shall be enacted or amended in line with the purpose and basic principles of this Act. Article 5 (Requirements for Establishment of Committees)(1) Where a collegiate administrative agency (hereinafter referred to as "administrative committee") is established pursuant to Article 5 of the Government Organization Act, it shall meet the following requirements:1. The details of the business thereof need to be determined by hearing the opinion of persons who have expert knowledge or experience; 2.The business thereof shall be conducted following the prudent procedures due to the nature of the business thereof;3. The business thereof shall not overlap with the business of any existing administrative agency, but shall have originality;4. The business thereof shall have continuity and constancy. (2) Committees excluding an administrative committee (hereinafter referred to as "consultative committee, etc,") shall meet the requirements under paragraph (1) 1 and 2. Article 6 (Procedures, etc. for Establishment of Committees)(1) Where the head of an administrative agency (where there exists the head of a central administrative agency in charge of the operation, such as the performance of a role as the administrative secretary, etc., of any committee under the control of the President and the Prime Minister, referring to the head of such central administrative agency; hereinafter the same shall apply) intends to establish a committee, he/she shall consult with the Minister of the Interior and Safety in advance. In such cases, the scope of committees subject to consultation shall be prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>(2) Where the head of an administrative agency establishes a committee, he/she shall stipulate the following matters in statutes: Provided, That in cases falling under subparagraph 4, the foregoing shall be limited to cases where a fair and objective deliberation or resolution is particularly required, such as authorization or permission, dispute settlement, etc., which are related to the rights and obligations of the citizens: <Amended by Act No. 13462, Aug. 11, 2015>1. The objectives of establishment, functions, and nature; 2. The composition and the term of office of the committee members;3. The term for existence of the committee (if such term exists); 4. Grounds for disqualification of, exclusion of, challenge to, and voluntary refrainment by a member of the committee;5. Matters prescribed by Presidential Decree, such as the convocation of meetings and the quorum required for resolution of the committee. (3) Where the head of an administrative agency establishes a committee necessary for cases that require a fair and objective deliberation or resolution, such as authorization or permission, dispute settlement, etc. which are related to the rights and obligations of the citizens, he/she shall take a measure necessary to stipulate matters concerning legal fiction of public officials for the purposes of penalty provisions for a non-public official committee member (including a member of a subcommittee, etc. established under Article 8 (3)) in any related Acts. <Amended by Act No. 13462, Aug. 11, 2015>(4) The head of an administrative agency shall prepare, for fair and objective operation of a committee, a criteria for discharge or dismissal of a member of the committee who is deemed to be inappropriate to maintain the position of a committee member due to malfeasance, etc. in relation to his/her duties. <Newly Inserted by Act No. 13462, Aug. 11, 2015>(5) Except as provided for in paragraphs (1) through (4), necessary matters concerning the method and procedure for establishment of a committee shall be determined by Presidential Decree. <Newly Inserted by Act No. 13462, Aug. 11, 2015> Article 7 (Restrictions, etc. on Establishment of Overlapping Committees)(1) No head of any administrative agency shall establish or operate a committee overlapping in nature and functions with a committee established under such agency or related agency.(2) The head of an administrative agency shall connect multiple committees that are similar or related in their characteristics or functions into a system of one committee, subcommittees, and standing expert committees, and operate such system. <Newly Inserted by Act No. 13462, Aug. 11, 2015>(3) The head of an administrative agency shall endeavor to establish or operate an integrated committee to reflect opinions of experts from various sectors on policies under his/her jurisdiction to prevent an unnecessary consultative committee, etc. from being established. Article 8 (Composition of Committees)(1) A committee shall be comprised of non-standing members in the appropriate number of persons necessary to efficiently achieve the objectives of the establishment thereof: Provided, That in special cases prescribed by Presidential Decree, such as an administrative committee, etc., it may have the minimum standing members necessary to achieve the objectives thereof.(2) Except in special cases prescribed by Presidential Decree, a term of office of a non-public official member shall not exceed three years.(3) If necessary for efficiently operating a committee, a subcommittee, etc. may be established under the committee.(4) The head of an administrative agency shall appoint or commission persons who have extensive expert knowledge or experience in related fields within the minimum period from the date on which the statutes concerning the establishment and operation of committees enter into force. (5) In addition to matters prescribed in paragraphs (1) through (4), necessary matters concerning the composition of a committee shall be prescribed by Presidential Decree. Article 9 (Operation of Committees)(1) The head of an administrative agency shall notify the committee members of the meeting schedule, agenda, etc. by seven days before he/she holds a meeting: Provided, That this shall not apply where he/she needs to hold a meeting due to emergency or in cases prescribed by Presidential Decree, such as matters related to the national security, etc.;(2) Except in cases prescribed by Presidential Decree, such as cases where the details of the agenda are insignificant, etc., a committee shall be held by a meeting attended by the members thereof (including a video conference). (3) Where there exists an interested party related to the agenda of a meeting, a committee shall hear his/her opinion or have him/her attend the relevant meeting. (4) A committee shall be operated fairly to prevent a specific committee member from unfairly delivering or passing a resolution on any agenda. (5) In addition to matters prescribed in paragraphs (1) through (4), necessary matters concerning the operation of a committee shall be prescribed by Presidential Decree. Article 10 (Secretariats, etc. of Committees)(1) An administrative committee may have the minimum secretariat required, and matters concerning the composition and the legally fixed number of officials of the secretariat shall be prescribed by Presidential Decree stipulating the organization and the legally fixed number of officials of an administrative agency.(2) No secretariat shall be established in a consultative committee, etc. or employees, such as standing expert members shall be assigned to such committee: Provided, That this shall not apply to a committee, if it is impractical for the head of an administrative agency to directly support the committee's business, meeting the requirements prescribed by Presidential Decree. Article 11 (Term for Existence of Committees)(1) Where the head of an administrative agency establishes an administrative committee that he/she needs to operate temporarily pursuant to Article 5 of the Government Organization Act, he/she shall determine the term for existence thereof within the minimum period required to achieve the objectives thereof and stipulate the same in the Act.(2) Where no apparent grounds exist to maintain a consultative committee, etc. when the head of an administrative agency establishes it, he/she shall determine the term for existence thereof and stipulate the same in statutes. In such cases, he/she shall set the term for existence thereof within the minimum period required to achieve the objectives thereof, and such term shall not exceed five years in principle. (3) Except for a consultative committee, etc. prescribed by Presidential Decree, such as a consultative committee the term for existence of which has been determined under paragraph (2), the head of an administrative agency shall verify every two years whether to maintain any of the consultative committee, etc. under his/her jurisdiction and submit the results thereof to the Minister of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>(4) Where the Minister of the Interior and Safety deems it necessary to abolish, etc. a consultative committee based on the results of verification submitted under paragraph (3), he/she shall include the results thereof in a readjustment plan under Article 14 (1). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>(5) Matters necessary for verification, etc. as to whether to maintain a consultative committee, etc. under paragraph (3) shall be prescribed by Presidential Decree. Article 12 (Allowances)The head of an administrative agency may pay an allowance to a committee member who attends a committee meeting within budget limits: Provided, That this shall not apply where a public official member attends a committee meeting directly related to his/her business. Article 13 (Notification, etc. of Current Status and Details of Activities of Committees)(1) Where a committee is established, the head of an administrative agency shall notify the Minister of the Interior and Safety of the following current status of the committee without delay after it is established: Provided, That committees prescribed by Presidential Decree, such as committees established under each administrative agency in common pursuant to other statutes, shall be excluded from the committees subject to notification, and the head of an administrative agency may determine the scope of notification in consultation with the Minister of the Interior and Safety on the committees subject to non-disclosure pursuant to other statutes: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>1. The composition and functions of the committee;2. An operating plan of the committee, such as the holding of committee meetings;3. Matters prescribed by Presidential Decree, such as human resources for the operation of the committee and the current status of budget. (2) The head of an administrative agency shall notify the Minister of the Interior and Safety of detailed statements of activities, such as the details of the execution of budget and the outcomes of operation, of the committees under his/her jurisdiction each year: Provided, That he/she may exclude committees prescribed by Presidential Decree, such as committees established in each administrative agency in common pursuant to other statutes, from the committees subject to notification, and determine the scope of notification in consultation with the Minister of the Interior and Safety on the committees subject to non-disclosure pursuant to other statutes. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>(3) The head of an administrative agency shall prepare the minutes, shorthand notes, or recording of committees specifically and conscientiously pursuant to Article 17 (2) of the Public Records Management Act. Article 14 (Inspection on Activities of Committees)(1) The Minister of the Interior and Safety shall inspect the current status and detailed statements of activities of committees notified pursuant to Article 13 (1) and (2) and formulate a readjustment plan concerning the correction and supplement of the operation of committees, the integration or discontinuance of committees, and similar matters. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>(2) To conduct business under paragraph (1), the Minister of the Interior and Safety may ascertain detailed statements of activities, etc. of committees or require relevant administrative agencies to submit related materials. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>(3) The head of an administrative agency requested to submit related materials pursuant to paragraph (2) shall comply with such request in the absence of special circumstances. (4) The Minister of the Interior and Safety may recommend the head of an administrative agency to take necessary measures according to a readjustment plan under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>(5) The head of an administrative agency shall notify, without delay, the Minister of the Interior and Safety of the results of measures taken upon recommendation under paragraph (4). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> Article 15 (Disclosure of Operation of Committees and Reporting to the National Assembly)(1) The head of an administrative agency shall disclose the current status, detailed statements of activities, and similar matters of committees in accordance with Article 13 (1) and (2) on its Internet website, etc., and report the same to the competent standing committee of the National Assembly of the Republic of Korea as prescribed by Presidential Decree.(2) The Minister of the Interior and Safety shall prepare a report concerning the current status of the operation of committees, in which a readjustment plan of committees formulated under Article 14, the results of measures taken, and similar matters are integrated, and annually submit the same to the National Assembly of the Republic of Korea before a regular session of the National Assembly is held. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> 부칙 ADDENDA <Act No. 11690, Mar. 23, 2013>Article 1 (Enforcement Date) 부칙 ADDENDA <Act No. 12844, Nov. 19, 2014>Article 1 (Enforcement Date) 부칙 ADDENDUM <Act No. 13462, Aug. 11, 2015>This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisons of Article 6 (3) shall enter into force one year after the date of its promulgation. 부칙 ADDENDA <Act No. 14839, Jul. 26, 2017>Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.Articles 2 through 6 Omitted.

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2791일전 | 17.09.03 | 조회 26

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