Article 1(Purpose) #
The purpose of this Act is, by specifying matters necessary for the speedy construction of a new airport in the Seoul Metropolitan area, to push
ahead efficiently with the new airport construction project to meet the rapidly growing demands for air transport service in the Seoul Metropolitan area and to contribute to the development of national economy.
Article 2(Definitions) #
For the purposes of this Act, <Amended by Act No. 4435, Dec. 14, 1991; Act No. 5229, Dec. 30, 1996; Act No. 7715, Dec. 7, 2005; Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. The term "Seoul Metropolitan area new airport" means a public airfield that is under new construction in the Seoul Metropolitan area and that is designated and publicly announced by the Minister of Land, Infrastructure and Transport pursuant to the provisions of Article 111 of the Aviation Act;
2. the term "new airport construction project" means any of the following activities for constructing new airports in the Seoul Metropolitan area:
(a) Construction of airport facilities as stipulated in subparagraph 6 of Article 2 of the Aviation Act (hereinafter referred to as "airport facilities");
(b) Deleted; <by Act No. 5229, Dec. 30, 1996>
(c) Construction of railways, roads and port facilities, etc. which are necessary to transport passengers and cargo using the Seoul Metropolitan area new airport;
(d) Creation of the infrastructure connected with airport services such as convenience facilities for airport users and persons, etc. engaged in air transport service and such other aviation-related services as determined by Presidential Decree (hereinafter referred to as "persons engaged in aviation-related services"), air cargo distribution facilities and information communication facilities, etc.;
(e) Creation of the infrastructure for facilities beneficial to the living such as accommodation facilities, etc. in favor of persons engaged in aviation-related services and persons who will be deprived of their residence because of the new airport construction project; and
(f) Reclamation of public water surface to create the projected area for the construction of the new airport; and
3. the term "projected area for the construction of the new airport" shall mean an area designated as a projected area for the construction of the new airport (referring to a projected area hereinafter) in a master plan for new airport construction, which is publicly notified of according to Article 4-3.
Article 3 #
Deleted.<by Act No. 7715, Dec. 7, 2005>
Article 4(Formulation of Master Plan for New Airport Construction) #
(1) Where the Minister of Land, Infrastructure and Transport intends to execute the new airport construction project, he/she shall formulate a master plan relating to the new airport construction (hereinafter referred to as the "master plan") as determined by Presidential Decree. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 7715, Dec. 7, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The master plan shall include the following matters: <Newly Inserted by Act No. 5229, Dec. 30, 1996; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. General direction of construction;
2. Outline of the construction plan;
3. Construction period;
4. Financing plan; and
5. Other matters recognized necessary by the Minister of Land, Infrastructure and Transport.
(3) Where the Minister of Land, Infrastructure and Transport intends to formulate the master plan pursuant to paragraph (1), he/she shall in advance hear the opinions of Mayor of Seoul Special Metropolitan City, Mayor of Incheon Metropolitan City and Do governor of Gyeonggi-do (hereinafter referred to as the relevant Mayors and Do governor), consult the head of the relevant central administrative organ, and refer the plan to the Promotion Commission concerning New Airport Construction prescribed by Presidential Decree (hereinafter referred to as the "Promotion Commission"). <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 4-2(Alterations, etc. to Master Plan) #
(1) The Minister of Land, Infrastructure and Transport may, where he deems it necessary to change the master plan formulated pursuant to the provisions of Article 4 (1), make alterations therein. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Article 4 (3) shall apply mutatis mutandis to such alterations in the master plan as stipulated in paragraph (1): Provided, That this shall not apply to such minor alterations as determined by Presidential Decree. <Amended by Act No. 7715, Dec. 7, 2005>
[This Article Newly Inserted by Act No. 5229, Dec. 30, 1996]
Article 4-3(Public Notice of Master Plan) #
The Minister of Land, Infrastructure and Transport shall, where he has formulated or effected a change in the master plan pursuant to the provisions of Article 4 or 4-2, bring it to public notice as prescribed by the Presidential Decree and send the master plan to the relevant Mayors and Do governor to put it before public view for at least twenty days: Provided, That this shall not apply in case of such minor alterations as stipulated in the proviso to Article 4-2 (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 5229, Dec. 30, 1996]
Article 5 #
Deleted.<by Act No. 7715, Dec. 7, 2005>
Article 6(Operator of New Airport Construction Project) #
(1) The new airport construction project shall be implemented by the State, local governments, the Incheon International Airport Corporation under the Incheon International Airport Corporation Act (hereinafter referred to as the "Incheon International Airport Corporation"), or a government-invested institution prescribed by Presidential Decree: Provided, That where the new airport construction project is implemented pursuant to the Act on Private Participation in Infrastructure, the person designated under the said Act shall implement the project. <Amended by Act No. 4436, Dec. 14, 1991; Act No. 4779, Aug. 3, 1994; Act No. 5229, Dec. 30, 1996; Act No. 5689, Jan. 26, 1999; Act No. 7386, Jan. 27, 2005; Act No. 8661, Oct. 17, 2007>
(2) The Minister of Land, Infrastructure and Transport may, where he deems it necessary for efficient execution of the new airport construction project, arrange for a person other than those referred to in paragraph (1) to implement part of the project as prescribed by Presidential Decree. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 7(Approval of Execution Plan) #
(1) The operator of the new airport construction project as provided for in Article 6 (hereinafter referred to as the "project operator") shall formulate the execution plan for the new airport construction project (hereinafter referred to as the "execution plan") including the matters of the following subparagraphs and obtain approval of the Minister of Land, Infrastructure and Transport. The same shall apply to a case where it is intended to modify the approved matters: Provided, That this shall not apply to a case where it is intended to modify insignificant matters prescribed by Presidential Decree: <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. A location map and a cadastral map of the area where the project is to be implemented;
2. Location, lot number, land category, area, details of ownership and rights other than ownership of land, etc. to be expropriated or used, and name and address of such owners and rightful persons;
3. Design documents and drawings for implementation such as a ground plan, a sectional plan, a written explanation of construction, etc.;
4. A period for implementation of the project (including a plan for progress of work);
5. An investment plan by year, a fund raising plan by year and a plan for retrieval of the investment by year, etc. and documents proving it;
6. A plan for use, profit, management and disposal of land to be prepared and airport facilities to be constructed (in cases where there is an implementation agreement made by and between the Incheon International Airport Corporation and the project operator under Article 6 (2) concerning use, profit, management and disposal of land to be prepared and airport facilities to be constructed, including such implementation agreement); and
7. Other matters prescribed by Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport shall consider the matters of the following subparagraphs to determine whether he/she will approve the execution plan under paragraph (1): <Newly Inserted by Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Whether details of the execution plan are suitable for the master plan;
2. Whether details of the design documents and drawings for implementation such as a ground plan, a sectional plan, a written explanation of construction, etc. are suitable for the relevant Acts and subordinate statutes;
3. Whether a fund raising plan and a plan for retrieval of the investment by year, etc. are appropriate;
4. Whether a plan under paragraph (1) 6 and an implementation agreement are appropriate; and
5. Other matters prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport shall, when he has approved the execution plan pursuant to the provisions of paragraph (1), bring it to public notice as prescribed by Presidential Decree, and send copies of relevant documents to the heads of relevant local governments. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) The heads of relevant local governments who have received the copies of relevant documents as stipulated in paragraph (3) shall, if decisions on urban management planning are included in the relevant documents, take necessary measures such as application for approval of a topographical map, etc. pursuant to Article 32 of the National Land Planning and Utilization Act. In such cases, the project operator shall submit to the heads of local governments such documents as necessary for public notice of the topographical map, etc. <Newly Inserted by Act No. 5229, Dec. 30, 1996; Act No. 8661, Oct. 17, 2007>
(5) The Minister of Land, Infrastructure and Transport shall, when he has approved the execution plan calling for expropriation of land, etc. as prescribed in Article 10 (1), bring to public notice such particulars as the name of the project operator, the type of the project and the lands to be expropriated, and notify the owners or title holders of the lands of these particulars: Provided, That this shall not apply where the project operator has in advance consulted the owners and title holders of the lands until his application for approval of the execution plan. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 7-2(Execution of Appurtenant Work) #
(1) The project operator may, in respect of a work which in itself does not constitute the new airport construction project but which has been made necessary by reason of the new airport construction project or for the execution of the project (hereinafter referred to as an "appurtenant work"), regard such work as part of the new airport construction project and execute it in parallel with the new airport construction project.
(2) The scope of the appurtenant work as stipulated in paragraph (1) shall be determined by Presidential Decree.
[This Article Newly Inserted by Act No. 5229, Dec. 30, 1996]
Article 7-3(New Airport Construction Deliberation Commission) #
(1) The New Airport Construction Deliberation Commission (hereinafter referred to as the "Deliberation Commission") shall be set up under the Ministry of Land, Infrastructure and Transport to deliberate on important issues relating to building techniques, construction technology and traffic impact, etc. of the new airport construction project. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Where the Minister of Land, Infrastructure and Transport intends to approve an execution plan containing matters provided in Article 8 (1) 17, 19 (confined to the deliberations of the building commission pursuant to Article 4 of the Building Act) or 21, he shall refer it to the Deliberation Commission for prior consideration. <Amended by Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The Deliberation Commission shall be comprised of members, including a Chairman, not exceeding one hundred persons who shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among persons coming under any of the following subparagraphs: <Amended by Act No. 7796, Dec. 29, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Public officials in Grade IV or higher or public officials in general service belonging to the Senior Civil Service who serve at a central or local administrative organ or a local government related to the affairs of the new airport construction project;
2. Members on the board of directors of public entities or research institutions; and
3. Persons of such professional learning and experience in airport, building, civil engineering, fire fighting and the environment, etc. as determined by the Minister of Land, Infrastructure and Transport.
(4) The Chairman may, where he deems it necessary for the purpose of conducting efficient deliberation by the Deliberation Commission, set up and operate different subcommittees depending on the subjects of deliberation.
(5) Matters necessary for the function, operation and composition of the Deliberation Commission except for those under this Act shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 5229, Dec. 30, 1996]
Article 8(Relations with Other Acts) #
(1) Where the project operator obtains approval of the execution plan pursuant to Article 7, it shall be presumed that the following approval, permission, authorization, decision, designation, licensing, consultation, consent, lifting of designation and deliberation (hereinafter referred to as the "authorization and permission, etc.") have been granted or made, and where the Minister of Land, Infrastructure and Transport brings to public notice of the approval of the execution plan, it shall be presumed that a public notification or announcement of authorization and permission, etc. has been made or granted pursuant to each of the following Acts: <Amended by Act Nos. 4429 & 4435, Dec. 14, 1991; Act No. 4533, Dec. 8, 1992; Act No. 4748, Mar. 24, 1994; Act No. 5229, Dec. 30, 1996; Act No. 5454, Dec. 13, 1997; Act Nos. 5864, 5893, 5911 & 5914, Feb. 8, 1999; Act No. 6095, Dec. 31, 1999; Act Nos. 6841 & 6842, Dec. 30, 2002; Act No. 6893, May 29, 2003; Act No. 7459, Mar. 31, 2005; Act No. 7678, Aug. 4, 2005; Act No. 8014, Sep. 27, 2006; Act Nos. 8352, 8369, 8370 & 8371, Apr. 11, 2007; Act No. 8404, Apr. 27, 2007; Act No. 8466, May 17, 2007; Act No. 8627, Aug. 3, 2007; Act No. 8661, Oct. 17, 2007; Act Nos. 8819 & 8820, Dec. 27, 2007; Act No. 8852, Feb. 29, 2008; Act Nos. 8974 & 8976, Mar. 21, 2008; Act No. 9071, Mar. 28, 2008; Act No. 9313, Dec. 31, 2008; Act No. 9770, Jun. 9, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 11037, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013>
1. Deleted; <by Act No. 8661, Oct. 17, 2007>
2. Determination of the urban management planning under Article 30 of the National Land Planning and Utilization Act (limited to infrastructure under subparagraph 6 of Article 2 under same Act), permission for development under Article 56 of the same Act, designation of an operator of the urban planning facilities project under Article 86 (5) of the same Act and authorization of the execution plan under Article 88 of the same Act;
3. Occupancy or use permit of public waters under Article 8 of the Public Waters Management and Reclamation Act, authorization of or report on an implementation plan for occupancy or use under Article 17 of the same Act, reclamation license of public waters under Article 28 of the same Act, consultation about or approval for reclamation executed by the State, etc. under Article 35 of the same Act, and authorization of an implementation plan for reclamation of public waters under Article 38 of the same Act;
4. Deleted; <by Act No. 10272, Apr. 15, 2010>
5. Consultation with or authorization by the management authority as prescribed in Article 6 of the River Act (limited to what relates to permission to execute a river work as prescribed in Article 30 of the same Act and permission to occupy and use, etc. a river as prescribed in Article 33 of the same Act);
6. Consultation with or approval from the road management authority as stipulated in Article 5 of the Road Act (limited to what relates to public notice of the recognition of routes as stipulated in Article 17 of the same Act, decision on road areas as stipulated in Article 24 of the same Act, permission to have a person other than the road management authority carry out a road work as stipulated in Article 34 of the same Act, and permission to occupy and use the road as stipulated in Article 38 of the same Act);
7. License to implement an urban railway project as prescribed in Article 4 (1) of the Urban Railroad Act and approval of an urban railway construction and operation plan as stipulated in Article 4-3 (1) of the same Act;
8. Consultation with the parks managing authorities under Article 71 (1) of the Natural Parks Act (limited to permission of acts in the park area under Article 23 of the same Act);
9. Permission of and consultation over conversion of farmlands into other uses as stipulated in Article 34 of the Farmland Act;
10. Deleted; <by Act No. 5229, Dec. 30, 1996>
11. Permission to log, etc. as provided for in Article 14 of the Work against Land Erosion or Collapse Act, and lifting of the designation of an area from the requirement of work against land erosion and collapse as stipulated in ;
12. Permission for mountainous district conversion and report on mountainous district conversion under Articles 14 and 15 of the Management of Mountainous Districts Act, permission for and report on temporary use of mountainous districts under Article 15-2 of the same Act, and permission for or report on logging, etc. of standing timber under Articles 36 (1) and (4), and 45 (1) and (2) of the Forest Resources Creation and Management Act;
13. Authorization of general water service as stipulated in Article 17 (1) of the Water Supply and Waterworks Installation Act and authorization to install exclusive-use waterworks as stipulated in Articles 52 and 54 of the same Act;
14. Permission to execute a construction work for public sewerage as stipulated in Article 16 of the Sewerage Act, permission to occupy and use public sewerage as stipulated in Article 24 of the same Act, and report on installation of private sewerage treatment facilities as stipulated in Article 34 (2) of the same Act;
15. Permission to execute a port construction work as stipulated in Article 9 (2) of the Harbor Act and approval of an execution plan for port construction as stipulated in Article 10 (2) of the same Act;
16. Approval of an execution plan as stipulated in Article 95 (1) of the Aviation Act;
17. Analysis of traffic impact and study of countermeasures for improvement under Article 16 of the Urban Traffic Improvement Promotion Act;
18. Approval of the building, etc. of a plant as stipulated in Article 13 of the Industrial Cluster Development and Factory Establishment Act (limited to plants being built during the new airport construction period as construction facilities directly needed for the new airport construction project);
19. Deliberation by the building commission as stipulated in Article 4 of the Building Act, permission to build as stipulated in Article 11 of the same Act, permission to build makeshift structures as stipulated in Article 20 (1) of the same Act, and consultations on building as stipulated in Article 29 of the same Act;
20. Permission to set up and manage navigational signs under Article 5 of the Navigational Aids Act;
21. Deliberation by the Construction Technology Deliberation Commission as stipulated in Article 5 of the Construction Technology Management Act;
22. Approval or report of setting up waste disposal facilities as stipu lated in Article 29 of the Wastes Control Act;
23. Deleted; <by Act No. 8014, Sep. 27, 2006>
24. Permission to set up, or report of setting up, exhaust facilities as stipulated in Article 23 of the Clean Air Conservation Act, Article 33 of the Water Quality and Ecosystem Conservation Act and Article 8 of the Noise and Vibration Control Act;
25. Consent to construction permission, etc. as stipulated in Article 7 (1) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act, report on fire-fighting system installation works as stipulated in Article 13 (1) of the Fire-Fighting System Installation Business Act, and permission to install factories, etc. as stipulated in Article 6 (1) of the Safety Control of Dangerous Substances Act.
(2) The Minister of Land, Infrastructure and Transport shall, where he intends to approve an execution plan which contains matters falling under one of the subparagraphs of paragraph (1), get all relevant documents ready and consult in advance the heads of the relevant administrative organs. In such cases, the heads of the relevant administrative organs shall present their views within such a period as prescribed by Presidential Decree from the date of receiving a consultation request. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 8-2(Special Cases for Promotion and Quality Enhancement, etc. of New Airport Construction Project) #
(1) Where airport facilities fall under one of the following subparagraphs, Articles 49, 50 and 53 of the Building Act, Article 5 (4) of the Safety Control of Dangerous Substances Act and Article 9 (1) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act shall not apply to the airport facilities in question: <Amended by Act No. 6893, May 29, 2003; Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 8974, Mar. 21, 2008; Act No. 11037, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013>
1. Where the airport facilities have taken advantage of special technology or special devices which the Minister of Land, Infrastructure and Transport recognized as such following the consideration by the Deliberation Commission; and
2. Where the Minister of Land, Infrastructure and Transport, following the consideration by the Deliberation Commission, recognizes the structure and shape of the airport facilities as equal to or above such standards relating to fire fighting, disaster prevention, fire prevention and taking shelter, etc. as prescribed by the relevant Acts and subordinate statutes.
(2) In placing an order for a construction work for airport facilities which tend to possess such varied functions and characteristics as in passenger terminals, the project operator may, where it is difficult, from the nature and technology management of the work, to place separate orders for building, electricity and telecommunication work and where it is so prescribed by Presidential Decree, place a consolidated order combining all of these work.
(3) The project operator may, notwithstanding the provisions of Article 20 of the Industrial Cluster Development and Factory Establishment Act, newly set up or expand in or relocate to the projected area or its adjoining area such facilities for the production of various construction materials as are required for the new airport construction project and as are deemed by the Minister of Land, Infrastructure and Transport directly necessary for the new airport construction project. In this case, the production facilities for construction materials shall be restricted to those built during the construction period for the purposes of the execution of work. <Amended by Act No. 6842, Dec. 30, 2002; Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Even before the opening of scheduled international air service routes to/from the Seoul Metropolitan area new airport, the Minister of Land, Infrastructure and Transport may require the project operator to map out and implement a scheme designed to prevent airport noise and provide assistance to the relevant residents in compliance with the Airport Noise Prevention and Areas Assistance Act. <Amended by Act No. 10161, Mar. 22, 2010; Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 5229, Dec. 30, 1996]
Article 9(Entry into and Use of Land) #
(1) Where it is necessary to examine and survey the lands for the execution plan or to execute the new airport construction project, the project operator may enter the lands of other persons or use them temporarily for a limited period as a raw materials yard, a passage or a temporary road, and furthermore, may, where necessary, make alterations to or eliminate bamboo-trees, earth-stones or other obstacles. <Amended by Act No. 5229, Dec. 30, 1996>
(2) The provisions of Articles 130 (2) through (9) and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the case under paragraph (1). <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8661, Oct. 17, 2007>
Article 10(Expropriation of Lands, etc.) #
(1) The project operator may, where necessary for the execution of the new airport construction project, expropriate or use lands, things or rights (hereinafter referred to as "lands, etc.") as determined under Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works. <Amended by Act No. 6656, Feb. 4, 2002; Act No. 8661, Oct. 17, 2007>
(2) Approval and public notice of the execution plan shall be presumed to be the recognition of the project and public notice of the recognition as stipulated in Article 20 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works and , while application for adjudication may, notwithstanding the provisions of Article 23 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works and , be filed within the execution period of the project. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 6656, Feb. 4, 2002; Act No. 8661, Oct. 17, 2007>
(3) The Central Land Tribunal shall adjudicate on the expropriation or use of lands, etc. as stipulated in paragraph (1).
(4) Except the case there are special provisions in this Act in respect of the expropriation or use of lands, etc. as stipulated under paragraph (1), the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis. <Amended by Act No. 6656, Feb. 4, 2002; Act No. 8661, Oct. 17, 2007>
Article 11(Advance Receipts, etc.) #
(1) The project operator may, pursuant to the determination of the execution plan, receive advance money for all or part of the land price from the persons who will be provided with a portion of the land to be created by the implementation of the new airport construction project under conditions prescribed by Presidential Decree. <Amended by Act No. 5229, Dec. 30, 1996>
(2) The project operator may, in accordance with the determination of the execution plan, issue bonds convertible to land (hereinafter referred to as the "land redemption bonds") to the persons who will be provided with a portion of the land to be created by the implementation of the new airport construction project. <Amended by Act No. 5229, Dec. 30, 1996>
(3) Matters necessary for the procedure, method and terms of the issue of the land redemption bonds shall be prescribed by Presidential Decree.
(4) Deleted. <by Act No. 5795, Feb. 5, 1999>
Article 12(Restriction, etc. on Disposal of State and Public Lands) #
(1) No land within the projected area which is owned by the State or a local government and which is necessary for the new airport construction project, shall be sold or conveyed for a purpose other than that related to the project.
(2) Properties within the projected area which are owned by the State or a local government may, notwithstanding the relevant provisions of the State Property Act, the Local Finance Act or other Acts and subordinate statutes, be sold or transferred under a free contract to the project operator. In such cases, the Minister of Land, Infrastructure and Transport shall in advance consult with the heads of the administrative organs concerned in respect of desuetude (confined to administrative properties: hereinafter the same shall apply), sale and transfer of the properties in question. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) In cases where there is request for consultation as stipulated in the latter sentence of paragraph (2), the head of the relevant administrative organ shall decide on desuetude, sale and transfer or take other necessary measures within 30 days from the date of such request.
(4) Where it is not clear about the management authority in charge of the properties to be sold or transferred to the project operator pursuant to the provisions of paragraph (2), the Minister of Strategy and Finance shall, notwithstanding the provisions of other Acts and subordinate statutes, manage or dispose of them. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008>
Article 12-2(Confirmation of Completion of Work) #
(1) The project operator shall, where he has completed the work on the new airport construction project, submit a work completion report immediately to the Minister of Land, Infrastructure and Transport and obtain confirmation of the completion of work. In such cases, the Minister of Land, Infrastructure and Transport who has received application for confirmation of the completion of work may refer the inspection necessary for confirmation of the work completion to the head of the relevant central administrative organ, local government, government-invested institution, the Incheon International Airport Corporation, research institution or other specialized institution. <Amended by Act No. 5689, Jan. 26, 1999; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport shall, where he has received application for confirmation of the completion of work as stipulated in paragraph (1) and where he considers after inspection that the work has been performed in such a manner as approved, issue a certificate of confirmation of the completion of work to the applicant. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) When the applicant has been issued with a certificate of confirmation of the completion of work under the provisions of paragraph (2), it shall be presumed that he has passed inspection or obtained authorization of the completion of the project in question undertaken following authorization and permission, etc. as stipulated in the respective subparagraphs of Article 8 (1).
(4) The land and facilities created or built by the new airport construction project shall not be used before being issued with a certificate of confirmation of the completion of work as stipulated in paragraph (2): Provided, That this shall not apply where permission to use them prior to completion has already been obtained from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 5229, Dec. 30, 1996]
Article 12-3(Title, etc. to Facilities) #
(1) The title to the land and facilities created or built as a consequence of the new airport construction project shall vest in the State upon completion: Provided, That this shall not apply to such land and facilities as determined by Presidential Decree.
(2) The provisions of Article 105 (3) and (4) of the Aviation Act shall apply mutatis mutandis to the use of and proceeds, etc. from the facilities which revert to the State pursuant to paragraph (1). <Amended by Act No. 8661, Oct. 17, 2007>
(3) Where the project operator is the Incheon International Airport Corporation or the operator of such a privately invested project as stipulated in the Act on Private Participation in Infrastructure, the title to the land and facilities created or built as a consequence of the new airport construction project shall, notwithstanding the provisions of paragraphs (1) and (2), be as determined by the Incheon International Airport Corporation Act and the Act on Private Participation in Infrastructure, respectively. <Amended by Act No. 5689, Jan. 26, 1999; Act No. 7386, Jan. 27, 2005; Act No. 8661, Oct. 17, 2007>
[This Article Newly Inserted by Act No. 5229, Dec. 30, 1996]
Article 13(Supervision) #
(1) The Minister of Land, Infrastructure and Transport may, where the project operator falls under any of the following subparagraphs, cancel approval granted pursuant to this Act or order the suspension of or alteration in the work, or the reconstruction, modification or relocation of facilities or articles: <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8661, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Where the project operator has obtained approval for the execution plan under Article 7 (1) or approval for modification thereof by deceitful or other unjust means;
2. Where the project operator has violated the matters for which approval or approval for modification has been obtained pursuant to Article 7 (1); and
3. Where continued execution of the new airport construction project has been made impossible owing to change of circumstances.
(2) Where the Minister of Land, Infrastructure and Transport has issued a disposition or an order under the provisions of paragraph (1), he shall bring this to public notice pursuant to the provisions of Presidential Decree. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 13-2(Hearing) #
Where the Minister of Land, Infrastructure and Transport intends to cancel approval of the execution plan referred to in Article 7 (1) pursuant to the provisions of Article 13 (1), he shall hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 5453, Dec. 13, 1997]
Article 14(Report and Inspection, etc.) #
(1) The Minister of Land, Infrastructure and Transport may, where necessary for the implementation of the Act, order the project operator to make necessary reports on the new airport construction project or to submit necessary data, and may have public officials serving at his Ministry enter the project operator's office, the workplace or other relevant places to inspect the business of the new airport construction project. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The public officials conducting an inspection of the affairs pertaining to the new airport construction project under paragraph (1) shall carry a certificate indicating his mandated powers and produce it to relevant personnel.
(3) Matters necessary for the certificate as provided for in paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 15(State Subsidy) #
The Government may, within the scope of the budget, grant a subsidy or a fiscal loan to the project operator to help him finance all or part of the expenses needed for the new airport construction project.
Article 16(Entrustment of Land Purchase Business, etc.) #
(1) Any project operator other than a local government may entrust the head of the local government with the business of land purchase and loss compensation and with the relocation project under conditions prescribed by Presidential Decree.
(2) Where land purchase and loss compensation businesses and the relocation project are entrusted pursuant to the provisions of paragraph (1), the entrustment fees, etc. shall be governed by the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. <Amended by Act No. 6656, Feb. 4, 2002; Act No. 8661, Oct. 17, 2007>
Article 16-2(Development Project for Adjoining Areas) #
(1) The Minister of Land, Infrastructure and Transport may, where necessary for the efficient promotion of the Seoul metropolitan area new airport construction project, designate a certain area situated within ten kilometers from the boundary of the projected area as the adjoining area for projected development (hereinafter referred to as the "adjoining area"). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The scope of, and the procedure for designating, the adjoining area stipulated in paragraph (1) shall be determined by Presidential Decree.
[This Article Newly Inserted by Act No. 5229, Dec. 30, 1996]
Article 17(Delegation of Powers) #
The Minister of Land, Infrastructure and Transport may delegate part of the powers bestowed to him under this Act to the Mayor/Do governor as determined by Presidential Decree. <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 18 #
Deleted.<by Act No. 7715, Dec. 7, 2005>
Article 19(Penal Provisions) #
Any person falling under one of the following subparagraphs shall be punished by a fine not exceeding three million won: <Amended by Act No. 5229, Dec. 30, 1996; Act No. 8852, Feb. 2008; Act No. 11690, Mar. 23, 2013>
1. Any person who, without justifiable cause, refuses or obstructs the project operator's acts stipulated in Article 9 (1);
2. Any person who violates an order or disposition issued by the Minister of Land, Infrastructure and Transport pursuant to Article 13 (1); and
3. Any person who refuses or obstructs an inspection stipulated in Article 14 (1) or who makes a false report.
Article 20(Joint Penal Provisions) #
If the representative of a legal entity, or an agent, a servant or other employee of a legal entity or an individual, commits an offense as set forth in Article 19 with respect to the business to be done for such legal entity or individual, not only shall the offender be punished accordingly, but the legal entity or individual shall be punished by the fine provided in said Article: Provided, That this shall not apply where the legal entity or individual has not neglected to supervise that business with due care to prevent such offense.
[This Article Wholly Amended by Act No. 10669, May 19, 2011]