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National Assembly Legislation

  • Act on the Multi-Dimensional Development of Road Space
    • Competent Ministry : Ministry of Land, Infrastructure, and Transport
    • Advance Publication of Legislation : 2019-04-23
    • Opinion Submission Deadline : 2019-05-07
Reasons for Proposal

Until now, roads have been adjusted and managed from the viewpoint of securing safe and efficient traffic functions; to efficiently utilize limited national space and creatively construct urban space, however, it is necessary to develop more actively the upper and lower space of a road (hereinafter referred to as "road space") in connection with the adjoining areas.
Therefore, the Act aims to contribute to the efficient utilization of road space and the creative construction of urban space by stipulating matters related to the promotion process, support, etc., of the multi-dimensional development project, such as that the Minister of Land, Infrastructure and Transport and a Mayor/Do Governor shall designate the multi-dimensional development zone, establish the development plan, and designate the project operator to pursue a multi-dimensional development project, which integrally develops road space and the adjoining areas; that the Minister of Land, Infrastructure and Transport and a Mayor/Do Governor shall consult with local governments at the stage of designating the multi-dimensional development zone and establishing and changing the plan of the multi-dimensional development project for the local governments, which is administratively responsible for the site for the project, to sufficiently prepare the multi-dimensional development project; that the project operator may levy and collect multi-dimensional development dues to restitute development gains and reinvest in urban renewal projects; and that multi-dimensional development dues shall be vested in the metropolitan cities and local governments to which the housing and urban fund and the relevant multi-dimensional development zone belong.

Details

A. The purpose of this Act is to contribute to the utilization of road space, the construction of creative urban space, and the promotion of public welfare by multi-dimensional development of road space and its adjoining areas (Article 1).
B. The term "road" under this Act means a road under Article 2, subparagraph 1 of the Road Act and a road to be applied mutatis mutandis (except for the road accessories under Article 2, subparagraph 2 of the same Act) under Article 108 of the same Act; the term “road space” means the upper and lower space of the road; the term “multi-dimensional development project” means a project that integrally develops a road in connection with the adjoining areas to utilize road space in multi-dimension.
C. The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may designate a road (excluding national expressways and general national highways under Article 10, subparagraphs 1 and 2 of the Road Act) and its adjoining areas as a multi-dimensional development zone; when the Minister of Land, Infrastructure and Transport intends to or if the State needs to implement a multi-dimensional development project of national expressways, general national highways, and their surrounding areas under Article 10, subparagraphs 1 and 2 of the Road Act, he/she may designate a multi-dimensional development zone; and when each of them above intends to designate a multi-dimensional development zone, he/she shall consult with the Combined Deliberation Committee under Article 25 after the consultation with the heads of the relevant administrative agencies and the head of each Si/Gun/Gu which belongs to the multi-dimensional development zone (Article 4).
D. Any designating authority may designate a multi-dimensional development zone by overlapping with a district, zone, etc., under other Acts (hereinafter referred to as the " existing project zone"), such as an urban development zone under the Urban Development Act, and where an existing project zone causes severe obstacles to the implementation of the multi-dimensional development project, etc., it is possible to request the designating authority, etc., of the existing project zone to cancel the designation of the zone, etc. In that case, the designating authority of the existing project zone shall cancel the designation of the existing project zone, except in extenuating circumstances, pursuant to the relevant Acts and notify the designating authority of the fact after announcing it in the official gazette or official bulletin (Article 6).
E. A designating authority shall establish a plan for a multi-dimensional development project (hereinafter referred to as the "development plan") to designate a multi-dimensional development zone; where a designating authority establishes and changes the development plan, he/she shall consult with the Combined Deliberation Committee under Article 25 after consultation with the heads of the relevant administrative agencies and the head of each Si/Gun/Gu which belongs to the multi-dimensional development zone; and where a designating authority designates a multi-dimensional development zone or establishes a development plan, he/she shall notify the contents thereof as prescribed by Presidential Decree and send a copy of the relevant documents to the Mayor/Do Governor and the head of each Si/Gun/Gu (Article 9 to Article 11).
F. The designating authority shall designate a multi-dimensional development project operator among the State or local governments, Korea Land & Housing Corporation, Korea Expressway Corporation (limited to the case where a national expressway pursuant to Article 10, subparagraph 1 of the Road Act is included in the multi-dimensional development zone), a public institution prescribed by Presidential Decree among the public institutions under Article 4 of the Act on the Management of Public Institutions, a local government-invested public corporation under the Local Public Enterprises Act, etc. (Article 14).
G. The project operator shall prepare an implementation plan for the multi-dimensional development project (hereinafter referred to as "implementation plan") as prescribed by Presidential Decree, and the implementation plan shall specify or attach to drawings and specifications, a financial plan, implementation period, matters on the disposition of the buildings, facilities, etc., which have been constructed, and other matters and documents prescribed by Presidential Decree (Article 15).
H. For the smooth implementation of multi-dimensional development projects, the Minister of Land, Infrastructure and Transport shall be allowed to prescribe and enforce special cases on the restrictions on building-to-land ratios and floor area ratios, establishment standards for parking lots, etc., and special cases, which are on the development and securement of school sites pursuant to Article 3 of the Act on Special Cases Concerning the Procurement, etc. of School Sites and on the application of the metropolitan transport improvement measures pursuant to the Special Act on the Management of Intercity Transport in Metropolitan Areas, are provided for the multi-dimensional development project operator (Article 22 to Article 24).

Major Provisions

Limit of Behaviors (Article 13), Cancelation of the Designation of Project Operators (Article 14), Preparation, Approval and Notification of Implementation Plans (Article 15), Grant of Divided Surface Rights for Road Space (Article 16), Package Designation and Approval of Multi-Dimensional Development Zones, etc. (Article 18), Expropriation and Use of Land (Article 20), Advance Payments (Article 21), Securement of School Sites (Article 23), Establishment of Metropolitan Transport Improvement Measures (Article 24), Deliberation of the Combined Deliberation Committee (Article 26), Multi-Dimensional Development Dues (Article 27), Imposition, Collection and Payment of Multi-Dimensional Development Dues (Article 28), Inspection of Completion for Multi-Dimensional Development Projects (Article 33), Public Announcement of Completion of Works (Article 34), Submission of the Documents of Inspection of Completion (Article 35), Agreements on Maintenance and Management of Constructed Buildings, etc. (Article 36), Approval of Agreements (Article 37), Compliance and Succession of Agreements (Article 38), Establishment of Management Bodies and Appointment of Managers (Article 39), Examination of Constructed Buildings (Article 40), Guidelines on Multi-Dimensional Development Projects (Article 42), Basic Investigation (Article 43), Devolvement of Public Facilities (Article 46), and Legal Fiction as Public Officials when Penalty Provisions are Applied (Article 52).

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