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ACT ON THE DEVELOPMENT AND MANAGEMENT OF LOGISTICS FACILITIES — 법갈피

영문법령 / ACT ON THE DEVELOPMENT AND MANAGEMENT OF LOGISTICS FACILITIES

ACT ON THE DEVELOPMENT AND MANAGEMENT OF LOGISTICS FACILITIES

법률타법개정시행 2026-01-02국토교통부 · 제21065호 · 공포 2025-10-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purposes of this Act are to strengthen national competitiveness and contribute to the balanced development of national land and the development of the national economy by rationally laying out and operating logistics facilities, effectively supplying the land for logistics facilities, and facilitating the development of the logistics industry.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Apr. 22, 2009; Jun. 9, 2009; Jun. 9, 2009; May 25, 2010; Aug. 4, 2011; Mar. 23, 2013; Jul. 16, 2013; Jan. 28, 2014; Dec. 29, 2015; Mar. 29, 2016; Oct. 24, 2017; Apr. 7, 2020; Jun. 9, 2020; Aug. 16, 2023>

1. The term "logistics facilities" means the following facilities:

a. Facilities for the transportation, storage, loading, and unloading of cargo;

b. Facilities for activities related to the transportation, storage, loading, and unloading of cargo, including processing, assembling, sorting, repairing, packing, labeling, sales, and information and communications;

c. Facilities for the joint operation, automation, and informatization of logistics;

d. Logistics terminals and logistics complexes in which the facilities referred to in items a through c gather;

2. The term "logistics terminal" means a facility that has functions required for consolidating, loading, and unloading cargo and functions required for sorting, packing, storing, processing, and assembling cargo, or clearing customs for cargo in relation to the aforementioned functions; provided, facilities for processing and assembling shall be those equivalent to or smaller than the scale prescribed by Presidential Decree;

3. The term "logistics terminal business" means business of running a logistics terminal, which is divided into complex logistics terminal business and ordinary logistics terminal business; provided, the business that runs any of the following facilities shall be excluded herefrom:

a. A facility for loading, unloading, storing, or disposing of cargo within a harbor zone among harbor facilities defined in subparagraph 5 of Article 2 of the Harbor Act;

Article 4(Formulation of comprehensive plans for development of logistics facilities) #

(1) The Minister of Land, Infrastructure and Transport shall formulate a comprehensive plan for the development of logistics facilities on a five-year basis (hereinafter referred to as "comprehensive plan for the development of logistics facilities"), with the objectives of pursuing rational development and distribution of logistics facilities and efficiency in the logistics system, etc. <Amended on Feb. 29, 2008; Feb. 4, 2010; Mar. 23, 2013>

(2) Comprehensive plans for the development of logistics facilities shall be formulated systematically by categorizing logistics facilities according to the following categories of functions. If functions are interconnected with one another among the following functions of logistics facilities, such interconnected functions shall be reflected in formulating the plans:

1. A logistics unit facility: A minimum unit of logistics facility that performs logistics activities independently, such as a warehouse and a collection and delivery center;

2. A logistics cluster facility: A logistics facility in which at least two logistics unit facilities are combined, such as a logistics terminal and a logistics cluster;

3. A logistics linkage facility: A traffic facility provided for the efficient transportation of cargo between logistics facilities, such as a road or railroad.

(3) Comprehensive plans for the development of logistics facilities shall include the following: <Amended on Jun. 22, 2015>

1. Matters concerning the future demand for logistics facilities;

2. Matters concerning policies for supply of logistics facilities;

3. Matters concerning the designation and development of logistics facilities;

4. Matters concerning the layout and priority of logistics facilities by region, scale, and year;

5. Matters concerning the improvement of functions and efficiency of logistics facilities;

6. Matters concerning the joint operation and clustering of logistics facilities;

7. Matters concerning the establishment of domestically and internationally linked transportation networks of logistics facilities;

8. Matters concerning the environmental conservation and management of logistics facilities;

9. Matters concerning the improvement and relocation of urban logistics facilities to suburbs;

10. Other matters prescribed by Presidential Decree.

Article 5(Procedures for formulating comprehensive plans for development of logistics facilities) #

(1) When the Minister of Land, Infrastructure and Transport formulates a comprehensive plan for the development of logistics facilities, he or she shall prepare a draft comprehensive plan for the development of logistics facilities on the basis of plans submitted by the head of each relevant administrative agency for the affairs under his or her jurisdiction, seek opinions from the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, or the Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"), consult with the head of each relevant central administrative agency, and submit the plan for deliberation by the logistics facilities subcommittee under Article 19(1)2 of the Framework Act on Logistics Policies. The same shall also apply to an amendment to any matter prescribed by Presidential Decree with respect to comprehensive plans for the development of logistics facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014>

(2) When the Minister of Land, Infrastructure and Transport formulates or amends a comprehensive plan for the development of logistics facilities pursuant to paragraph (1), he or she shall issue public notice thereof through the Official Gazette. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) The head of each relevant central administrative agency may request the Minister of Land, Infrastructure and Transport to amend a comprehensive plan for the development of logistics facilities, if necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) The Minister of Land, Infrastructure and Transport may request each competent agency to submit data or provide cooperation required for formulating or amending comprehensive plans for the development of logistics facilities, as prescribed by Presidential Decree, and the competent agency in receipt of the request shall comply therewith, except in extenuating circumstances. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(5) If deemed necessary for efficiently formulating a comprehensive plan for the development of logistics facilities, the Minister of Land, Infrastructure and Transport may conduct surveys on logistics facilities. In such cases, Article 7 of the Framework Act on Logistics Policies shall apply mutatis mutandis to such surveys on logistics facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(6) Matters necessary for formulating comprehensive plans for the development of logistics facilities and other relevant matters shall be prescribed by Presidential Decree.

Article 7(Registration of complex logistics terminal business) #

(1) Any person who intends to engage in complex logistics terminal business shall file for registration with the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) Persons eligible for registration under paragraph (1) shall be as follows:

1. The State and local governments;

2. A public institution prescribed by Presidential Decree among public institutions under the Act on the Management of Public Institutions (hereinafter referred to as "public institution");

3. Local government-invested public corporations prescribed in the Local Public Enterprises Act;

4. Corporations established pursuant to a special Act;

5. Corporations established pursuant to the Civil Act or the Commercial Act.

(3) Any person who has completed the registration of complex logistics terminal business under paragraph (1) (hereinafter referred to as "complex logistics terminal operator") shall file for registration of revision, as prescribed by Presidential Decree, whenever he or she intends to revise any registered description prescribed by Presidential Decree.

(4) Standards for registration to be met by a person who intends to file for registration under paragraph (1) shall be as follows: <Amended on Jan. 28, 2014>

1. The complex logistics terminal shall be at the center of the transport network, in a locality easily accessible by various means of transport;

2. The area of its building site shall be at least 33,000 square meters;

3. He or she shall have the following facilities:

a. A parking area;

b. A cargo-handling area;

c. A warehouse or delivery center;

4. He or she shall not contravene a plan to develop and improve the logistics terminal under either a comprehensive plan for the development of logistics facilities or the master plan for national logistics under Article 11 of the Framework Act on Logistics Policies.

(5) Where a person falling under any subparagraph of paragraph (2) files an application for registration under paragraph (1), the Minister of Land, Infrastructure and Transport shall grant registration under that paragraph, except in any of the following cases: <Added on Jan. 28, 2014>

1. Where the applicant for registration fails to meet the standards for registration provided for in the subparagraphs of paragraph (4);

2. Where disqualification provided for in the subparagraphs of Article 8 is applicable.

Article 9(Authorization for implementation of projects) #

(1) A complex logistics terminal operator shall prepare a project plan detailing the structure of, and equipment for the logistics terminal that it intends to build to obtain authorization for implementation of such project from the Minister of Land, Infrastructure and Transport; a person who intends to engage in ordinary logistics terminal business may, if necessary for the construction of the logistics terminal, obtain authorization for implementation of such project from the competent Mayor/Do Governor. Authorization for revision shall be obtained from the competent approving authority to revise matters prescribed by Presidential Decree in the authorized project plan, and where a complex logistics terminal operator installs a manufacturing facility and its ancillary facilities defined in Article 2 of the Industrial Cluster Development and Factory Establishment Act, salesrooms in a superstore or semi-superstore defined in Article 2 of the Distribution Industry Development Act and places in such salesrooms where service is rendered (hereinafter referred to as "store, etc."). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014>

(2) Where the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor grants authorization for the implementation of a project or revision thereto pursuant to paragraph (1), he or she shall seek opinions from the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu") having jurisdiction over the project. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Jan. 9, 2024>

(3) Deleted. <Jan. 9, 2024>

(4) Where the project plan prescribed in paragraph (1) conforms to the structure and facilities standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor shall grant authorization prescribed in paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017>

(5) Whenever the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor grants authorization for the implementation of a project or revision thereto under paragraph (1), he or she shall issue public notice, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017>

Article 10(Expropriation and use of land) #

(1) Where a person who has obtained authorization for the implementation of a project prescribed in Article 9(1) (hereinafter referred to as "logistics terminal operator") builds a logistics terminal (limited to a logistics terminal falling within the scope of planned urban or military facilities prescribed in the National Land Planning and Utilization Act; hereinafter the same shall apply in Article 13), he or she may expropriate or use land, buildings, fixtures to the land, rights to such land, buildings, and fixtures except for ownership thereof, mining rights, fishery rights, aquaculture business right, and rights to use water (hereinafter referred to as "land, etc.") required for the project; provided, where any person, other than the following, intends to expropriate or use land, etc., land for the relevant project (excluding State-owned land and public land, hereafter in this paragraph the same shall apply), he or she shall own at least 2/3 of the area and obtain consent from at least 1/2 of the total number of landowners: <Amended on Apr. 14, 2011; Aug. 27, 2019; Jun. 9, 2020; Oct. 20, 2020>

1. The State and local governments;

2. Public agencies prescribed by Presidential Decree;

3. Other persons who implement development projects for public interests, as prescribed by Presidential Decree.

(2) If public notice of authorization for the implementation of a project has been issued pursuant to Article 9(5) as at the time land, etc. is expropriated or used pursuant to paragraph (1), the public notice shall be deemed to be project approval and the public notice thereof under Article 20(1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects and a petition for administrative adjudication may be filed during the implementation period of the project prescribed in authorization for the implementation of the project, notwithstanding Article 23(1) and 28(1) of the aforesaid Act. <Amended on Mar. 21, 2017>

(3) Except as otherwise provided in this Act, the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the expropriation and use of land, etc. prescribed in paragraph (1).

Article 17(Revocation of registration) #

(1) If any of the following cases applies to a complex logistics terminal operator, the Minister of Land, Infrastructure and Transport may revoke its registration or issue an order to suspend its business for a period of up to six months; provided, he or she must revoke the registration if subparagraph 1, 4, 7, or 8 applies to a complex logistics terminal operator: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. If it has filed for registration prescribed in Article 7(1) by fraud or other improper means;

2. If it has revised a registered matter without filing for registration of revision prescribed in Article 7(3);

3. If it fails to meet the standards for registration prescribed in Article 7(4); provided, the same shall not apply if it meets the standards within three months;

4. If it falls under any subparagraph of Article 8; provided, the same shall not apply if it falls under subparagraph 3 of the aforesaid Article, but it replaces the executive officer in question with another person within three months from the date on which the relevant cause or event occurred;

5. If it has implemented or changed the relevant project without authorization for implementation or revision thereto under Article 9(1);

6. If it temporarily closed the whole or part of its business and has failed to resume its business without justifiable grounds after the expiration of the period for temporary closure reported under Article 15(1);

7. If it has allowed a third party to engage in business in its name or trade name or lent its registration certificate to a third party, in violation of Article 16;

8. If it continues business during the period of business suspension, in violation of an order to suspend business, issued under this Article.

(2) Matters necessary for the criteria and procedures for dispositions prescribed in paragraph (1) and other relevant matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 20-2(Support for activation of logistics terminals) #

(1) If necessary for activating a logistics terminal under construction or operation, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may grant authorization for revision to the implementation of a project prescribed in Article 9, including the installation of a manufacturing facility and its ancillary facilities defined in Article 2 of the Industrial Cluster Development and Factory Establishment Act, and the installation of a store, etc. defined in Article 2 of the Distribution Industry Development Act, at the logistics terminal, notwithstanding subparagraph 2 of Article 2; provided, in cases of an ordinary logistics terminal, granting authorization for revision shall be limited to the installation of facilities for manufacture or sale of items necessary for the operation of trucks: <Amended on Jun. 22, 2015>

1. Deleted; <Jun. 22, 2015>

2. Deleted; <Jun. 22, 2015>

3. Deleted. <Jun. 22, 2015>

(2) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor grants authorization for revision to the implementation of a project prescribed in paragraph (1), the followings shall be observed: <Added on Jun. 22, 2015>

1. That the total area of a site on which a manufacturing facility, its ancillary facilities, a store, etc. are installed shall not exceed 1/4 of the whole area of the site for the logistics terminal;

2. That the Minister of Land, Infrastructure and Transport shall consult with the head of the relevant central administrative agency and the Mayor/Do Governor (including the Special Self-Governing City Mayor) of a City/Do in which the relevant logistics terminal is located, on complex logistic terminal business, and the Mayor/Do Governor shall consult with the head of a Si/Gun/Gu in which the relevant logistics terminal is located, on ordinary logistics terminal business when granting authorization for implementation of a project or revision thereto under Article 9, in order to consider the mutual relationship with the business district in the vicinity and industrial complexes in respect of their demand;

3. That complex logistics terminal business shall be deliberated upon by the Central Urban Planning Committee prescribed in Article 106 of the National Land Planning and Utilization Act, and ordinary logistics terminal business shall be deliberated upon by the relevant local urban planning committee prescribed in Article 113 of that Act.

[This Article Added on Jan. 28, 2014]

[Title Amended on Jun. 22, 2015]

Article 21(Deemed authorization or permission) #

(1) Matters on which the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor has consulted in advance with the heads of the relevant administrative agencies pursuant to Article 9 with respect to the following authorization, permission, approval, decision, etc. (hereinafter referred to as "authorization, permission, etc.") as at the time he or she grants authorization for the implementation of a project or for revision thereto under Article 9 shall be deemed granted the relevant authorization, permission, etc., while the public notice of authorization for the implementation of a project, or for revisions thereto issued under paragraph (5) of that Article shall be deemed the public notice or public announcement of the relevant authorization, permission, etc. issued under the following relevant statutes: <Amended on Dec. 27, 2007; Dec. 27, 2007; Feb. 29, 2008; Mar. 21, 2008; Mar. 21, 2008; Jun. 9, 2009; Jun. 9, 2009; Feb. 4, 2010; Apr. 15, 2010, May 31, 2010; Apr. 14, 2011; Mar. 23, 2013; Jan. 14, 2014; Dec. 27, 2016; Mar. 21, 2017; Jan. 29, 2020; Jun. 9, 2020; Dec. 27, 2022; Jan. 9, 2024>

1. Building permission prescribed in Article 11 of the Building Act, reporting on building works prescribed in Article 14 of that Act, a revision to building permission or report under Article 16 of that Act, permission for or report on erection of a temporary building prescribed in Article 20 of that Act, or consultation on a building project prescribed in Article 29 of that Act;

2. Permission to occupy or use public waters prescribed in Article 8 of the Public Waters Management and Reclamation Act, and approval for, or reporting on an implementation plan for occupation or use under Article 17 of that Act, or a license to reclaim public waters prescribed in Article 28 of that Act, and approval for a public water reclamation implementation plan prescribed in Article 38 of that Act;

3. Deleted; <Apr. 15, 2010>

4. Decision on urban or Gun management planning under Article 30 of the National Land Planning and Utilization Act (limited to plans defined in subparagraph 4c of Article 2 of that Act), permission for change of the form and quality of land or permission for land division under Article 56(1)2 or 4 of that Act, designation of an implementer of a urban or Gun planning facility project prescribed in Article 86 of that Act, or authorization for an implementation plan prescribed in Article 88 of that Act;

5. Permission for the use of agricultural production infrastructure for any purpose, other than an originally intended purpose prescribed in Article 23 of the Agricultural and Fishing Villages Improvement Act;

6. Permission for, or consultation on, conversion of farmland prescribed in Article 34 of the Farmland Act;

7. Permission for implementation of a road project prescribed in Article 36 of the Road Act or permission to occupy and use a road prescribed in Article 61 of that Act;

8. Designation of a project implementer prescribed in Article 11 of the Urban Development Act or approval for an implementation plan prescribed in Article 17 of that Act;

9. Permission for opening a private road prescribed in Article 4 of the Private Road Act;

10. Permission for cutting trees or other activities prescribed in Article 14 of the Erosion Control Work Act or cancellation of designation of an erosion control area prescribed in Article 20 of that Act;

11. Permission for or reporting on conversion of a mountainous district prescribed in Article 14 or 15 of the Mountainous Districts Management Act, permission for or reporting on temporary use of a mountainous district under Article 15-2 of that Act, permission for or reporting on cutting standing trees under Article 36(1) or (5) of the Creation and Management of Forest Resources Act, or permission for or reporting on activities inside a forest protection zone (excluding a forest genetic resource protection zone) under Article 9(1), and (2)1 and 2 of the Forest Protection Act;

12. Authorization for waterworks business prescribed in Article 17 or 49 of the Water Supply and Waterworks Installation Act or authorization for installation of an exclusive water supply system prescribed in Article 52 or 54 of that Act;

13. Permission for relocation of an abandoned grave prescribed in Article 23 of the Act on Funeral Services;

14. Permission for conversion of grasslands prescribed in Article 23 of the Grassland Act;

15. Permission for implementation of a public sewerage project prescribed in Article 16 of the Sewerage Act;

16. Permission for implementation of a river project or authorization for an implementation plan for a river project prescribed in Article 30 of the River Act or permission to occupy and use a river prescribed in Article 33 of that Act;

17. Permission for implementation of a harbor development project prescribed in Article 9(2) of the Harbor Act or approval of an implementation plan for a harbor development project prescribed in Article 10(2) of that Act.

(2) Any logistics terminal operator who completed construction works of a logistics terminal in accordance with Article 9 and has obtained approval for use under Article 22 of the Building Act shall be deemed to have obtained permission or have completed registrations with, or have reported on the following matters the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor has consulted in advance with the heads of the competent administrative agencies; provided, subparagraph 1 shall apply only to complex logistics terminals: <Amended on Mar. 21, 2008; Feb. 6, 2009; Jun. 9, 2020; Jan. 9, 2024>

1. Registration of international cargo forwarding business prescribed in Article 43 of the Framework Act on Logistics Policies;

2. Registration of, or reporting on, a gas station among petroleum distribution business prescribed in Article 10 of the Petroleum and Alternative Fuel Business Act;

3. Permission for restaurant business prescribed in Article 37 of the Food Sanitation Act (excluding sing-along pub business and entertainment drinking club business);

4. Registration of motor vehicle dealing business or motor vehicle service business prescribed in Article 53 of the Motor Vehicle Management Act;

5. Permission for cargo forwarding business for trucking under Article 24(1) of the Trucking Transport Business Act.

(3) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor intends to grant authorization for the implementation of construction works or authorization for modification under Article 9(1), he or she shall consult with the head of the competent administrative agency in advance as to whether the relevant statutes or regulations referred to in the subparagraphs of paragraphs (1) and (2) are in compliance with. <Amended on Jan. 9, 2024>

(4) Except as otherwise expressly provided for in paragraphs (1) through (3), Articles 24 through 26 of the Framework Act on the Administration and Article 20(2) of the Administrative Procedures Act shall apply mutatis mutandis to the integrated public notification, etc. of the standards and effects of legal fictions and the processing standards under this Article. In such cases, "standards for disposition" in Article 20(2) of the Administrative Procedures Act shall be construed as "standards for processing" and "publication" shall be deemed "public notification." <Amended on Jan. 9, 2024>

Article 21-2(Registration of logistics warehousing business) #

(1) A person who intends to own or lease any of the following logistics warehouses to operate logistics warehousing business shall file for registration with the Minister of Land, Infrastructure and Transport (excluding harbor zones defined in subparagraph 4 of Article 2 of the Harbor Act; hereinafter the same shall apply), the Minister of Oceans and Fisheries (only applicable to national trade ports defined in Article 3(2)1 of the Harbor Act and national coastal ports defined in Article 3(3)1 of that Act from among harbor zones under subparagraph 4 of Article 2 of that Act; hereinafter the same shall apply), or the Mayor/Do Governor (only applicable to regional trade ports defined in Article 3(2)2 of the Harbor Act and regional coastal port zones defined in Article 3(3)2 of the subparagraph 4 of Article 2 of that Act; hereafter the same shall apply in this Chapter and Article 61(2)), as prescribed by Joint Decree of the Ministry of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries: <Amended on Mar. 23, 2013; Aug. 16, 2023; Jan. 16, 2024>

1. Storage facilities, the total floor area of which is at least 1,000 square meters (only the floor area directly used by a person who intends to register the relevant logistics warehousing business shall be calculated based on a lot of land, however, where lots of land adjoin, the floor area shall be calculated by totaling the adjoined lots of land); provided, the standards for the floor area under the main clause shall not apply where Class 2 neighborhood living facilities under Article 2(2)4 of the Building Act are installed as order and delivery facilities under subparagraph 5-2 of Article 2;

2. Storage space, the total area of which is at least 4,500 square meters (the area of land occupied by storage facilities shall be included and only the floor area directly used by a person who intends to register the relevant logistics warehousing business shall be calculated based on a lot of land, however, where lots of land adjoin, the floor area shall be calculated by totaling the adjoined lots of land).

(2) Where a person who has registered logistics warehousing business (hereinafter referred to as "logistics warehousing business entity") pursuant to paragraph (1) intends to modify matters prescribed by Presidential Decree among the matters registered, he or she shall register the modification thereof within 30 days from the date the grounds therefor arose, as prescribed by Joint Ministerial Decree of Land, Infrastructure and Transport and the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Dec. 7, 2021>

(3) Matters necessary for standards for the registration of logistics warehousing business, such as in terms of the structure or equipment of, or location standards for, a logistics warehouse, shall be prescribed by Joint Ministerial Decree of Land, Infrastructure and Transport and the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Aug. 16, 2023>

(4) When a logistics warehousing business entity has a logistics warehouse falling under any subparagraph of paragraph (1); uses the whole warehouse for one of the following purposes; obtains permission to engage in the relevant business or permission for the modification thereof; register the relevant business or the modification thereof; or report the relevant business or the modification thereof under the relevant statute, he or she shall be deemed to have registered logistics warehousing business under paragraph (1) or registered the modification thereof under paragraph (2): <Amended on Aug. 9, 2017; Jan. 18, 2022; Aug. 16, 2023>

1. Establishment and operation of a bonded warehouse under the Customs Act;

2. Business of keeping and storing hazardous chemical substances under the Chemical Substances Control Act;

3. Food cold-storage or refrigerated-storage business among food preservation business under the Food Sanitation Act, livestock product storage business under the Livestock Products Sanitary Control Act, and cold-storage and refrigeration business among marine product processing business under the Seafood Industry Promotion and Support Act.

(5) An administrative agency that manages the current status of business falling under any subparagraph of paragraph (4) shall notify the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Mayor/Do Governor of any change to the current status due to permission for such storage business or permission for the modification thereof, registration of such storage business or registration of the modification thereof, etc. <Amended on Mar. 23, 2013; Jan. 16, 2024>

[This Article Added on Aug. 4, 2011]

Article 21-4(Certification of smart logistics center) #

(1) To facilitate the distribution of smart logistics centers, the Minister of Land, Infrastructure and Transport may certify smart logistics centers. In such cases, the period of validity of certification shall be three years from the date the certification is granted.

(2) The Minister of Land, Infrastructure and Transport may designate a certification institution to perform the certification of smart logistics centers under paragraph (1) and affairs related to the inspection thereof under paragraph (6).

(3) A person who intends to obtain certification of a smart logistics center shall file an application to any of the certification institutions designated under paragraph (2).

(4) Where a person who has filed an application for certification of a smart logistics center pursuant to paragraph (3) has obtained such certification, the Minister of Land, Infrastructure and Transport may issue a certificate, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and permit the person to use a mark indicating the certification (hereinafter referred to as "certification mark").

(5) No person who has failed to obtain certification under paragraph (1) shall make or use a false certification mark, nor falsely impersonate a smart logistics center.

(6) The Minister of Land, Infrastructure and Transport may inspect whether a person who has obtained certification pursuant to paragraph (1) continues to meet the standards prescribed in paragraph (8), as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(7) The Minister of Land, Infrastructure and Transport may guide and supervise a certification institution under paragraph (2) and partially subsidize the expenses incurred in affairs related to the certification and inspection.

(8) The standards, procedures, and methods for certification, the organization and operation of certification institutions, and the standards and procedures for designation under paragraphs (1) through (3) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

[This Article Added on Apr. 7, 2020]

Article 22(Designation of general logistics complexes) #

(1) General logistics complexes shall be designated by any of the following persons: <Amended on Apr. 7, 2020>

1. Where a logistics complex is developed by national policy projects or an area subject to projects for the development of a logistics complex extends over at least two Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos or Special Self-Governing Provinces (hereinafter referred to as "Cities/Dos"): The Minister of Land, Infrastructure and Transport;

2. Cases other than subparagraph 1: A Mayor/Do Governor.

(2) Where the Minister of Land, Infrastructure and Transport intends to designate a general logistics complex, he or she shall formulate a development plan of the general logistics complex, seek opinions from the competent Mayor/Do Governor and the head of a Si/Gun/Gu, consult with the heads of relevant central administrative agencies, and submit the plan for deliberation by the logistics facilities subcommittee prescribed in Article 19(1)2 of the Framework Act on Logistics Policies. The same shall apply to any amendment to any important matter prescribed by Presidential Decree with respect to the development plan of the general logistics complex. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 29, 2015; Apr. 7, 2020>

(3) Where a Mayor/Do Governor intends to designate a general logistics complex, he or she shall formulate a development plan of the general logistics complex, consult with the heads of relevant central administrative agencies, and submit the plan for deliberation by the local logistics policy committee prescribed in Article 20 of the Framework Act on Logistics Policies. The same shall apply to any amendment to any important matter prescribed by Presidential Decree with respect to the development plan of the general logistics complex. <Amended on Dec. 29, 2015>

(4) If the head of a relevant administrative agency or any person falling under any of Article 27(2)2 through 6 deems it necessary to designate a general logistics complex, he or she may request the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor to designate a general logistics complex upon determining a candidate for the logistics complex. In such cases, any person, other than the head of a central administrative agency, shall prepare and submit a draft development plan for the general logistics complex. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 29, 2015; Jun. 10, 2022>

(5) A development plan of a general logistics complex prescribed in paragraph (2) or (3) shall include the following matters; provided, if an implementer referred to in subparagraph 3 has not been appointed until a development plan of a general logistics complex is formulated or if it is impracticable to prepare a detailed list referred to in subparagraph 8, such details may be included in the development plan of a general logistics complex after the general logistics complex is designated: <Amended on Dec. 29, 2015>

1. The name, location, and area of the general logistics complex;

2. The objectives of designation of the general logistics complex;

3. The implementer of the general logistics complex development project;

4. The period and method for implementation of the general logistics complex development project;

5. A land utilization plan and a plan for major infrastructure;

6. Major facilities to be installed and the standards for installation of such facilities;

7. A financing plan;

8. A detailed list of land, buildings, and other items and rights subject to expropriation or use, if any;

9. Other matters prescribed by Presidential Decree.

[Title Amended on Dec. 29, 2015]

Article 22-2(Designation of urban advanced logistics complexes) #

(1) Urban advanced logistics complexes shall be designated by the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor in any of the following areas, and where a Mayor/Do Governor (excluding a Special Self-Governing Province Governor) designates an urban advanced logistics complex, he or she may do so at the request of the head of a Si/Gun/Gu:

1. Obsolete general logistics terminal sites and adjacent areas;

2. Obsolete distribution business facilities sites and adjacent areas;

3. Other areas deemed necessary by the Minister of Land, Infrastructure and Transport.

(2) Where the head of a Si/Gun/Gu intends to request a Mayor/Do Governor to designate an urban advanced logistics complex pursuant to paragraph (1), he or she shall prepare and submit a development plan of an urban advanced logistics complex.

(3) Article 22(2), (3), and (5) shall apply mutatis mutandis to procedures for designation of urban advanced logistics complexes and development plans; provided, development plans of urban advanced logistics complexes shall include construction plans and multi-purpose site usage plans (limited to cases where the relevant site is intended as a multi-purpose site), including usage by floor and facility, and floor area.

(4) The implementer of an urban advanced logistics complex development project shall provide any of the following facilities or part of the operating expenses, to the extent not exceeding 40/100 of the land value of the candidate site, to the State or a local government, as prescribed by Presidential Decree; provided, where development charges are imposed and collected pursuant to the Restitution of Development Gains Act, an amount equal to the development charges shall be deducted from the land value of the candidate site: <Amended on Jun. 9, 2020>

1. Facilities for creating jobs, utilizing the relevant urban advanced logistics complex, such as business incubation centers for the logistics industry;

2. Logistics facilities for common use in the relevant urban advanced logistics complex;

3. Research facilities for facilitating the logistics industry in the relevant urban advanced logistics complex;

4. Other public interest facilities prescribed by Presidential Decree, equivalent to the facilities falling under subparagraphs 1 through 3.

[This Article Added on Dec. 29, 2015]

[Previous Article 22-2 moved to Article 22-6 <Dec. 29, 2015>]

Article 22-7(Examination of actual demand for logistics complexes) #

(1) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor who designates logistics complexes pursuant to Article 22 or 22-2 (hereinafter referred to as "authority designating logistics complexes") shall examine the actual demand for logistics complexes before designating logistics complexes in order to prevent reckless development of logistics complexes and to use the national land efficiently. In such cases, the authority designating logistics complexes shall consult with the relevant administrative agencies about projects subject to verification of actual demand. <Amended on Apr. 7, 2020>

(2) The authority designating logistics complexes may organize and operate an actual demand verification committee if necessary to verify the actual demand under paragraph (1). <Amended on Jan. 9, 2024>

(3) In cases of urban advanced logistics complex development projects, the examination of the actual demand prescribed in paragraph (1) may be replaced by the advice of the actual demand examination committee. <Added on Dec. 29, 2015>

(4) If the authority designating logistics complexes deems that the purpose of organizing the actual demand verification committee has been accomplished, the authority may dissolve the actual demand verification committee. <Amended on Jan. 9, 2024>

(5) Matters necessary for the evaluation criteria and methods of the actual demand verification of logistics complexes under paragraph (1) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and matters necessary for the composition and operation of the actual demand verification committee under paragraph (2) shall be determined by Decree of the Ministry of Land, Infrastructure and Transport or municipal ordinance of the relevant City/Do ordinance, respectively. <Added on Dec. 29, 2015, Apr. 7, 2020, Jan. 9, 2024>

[This Article Added on Jun. 22, 2015]

[Moved from Article 22-3 <Dec. 29, 2015>]

Article 25(Restriction on activities) #

(1) Any person who intends to engage in any activity prescribed by Presidential Decree within a logistics complex, such as erecting a building, installing a structure, changing the form and quality of land, collecting soil or rocks, dividing land, and piling goods, shall obtain permission of the competent head of Si/Gun/Gu. The same shall apply to an intended change in permitted activities.

(2) Any of the following activities may be engaged in without permission, notwithstanding paragraph (1):

1. Activities performed to take emergency measures for relief from or control of a natural disaster;

2. Other activities prescribed by Presidential Decree.

(3) With respect to activities subject to permission under paragraph (1), a person who commenced a project or business that involved such activities may continue such project or business after filing a report with the competent head of Si/Gun/Gu as prescribed by Presidential Decree, if he or she had permission for such activities or he or she was not required to obtain permission for such activities in accordance with relevant statutes at the time of the designation and public notification of the logistics complex concerned.

(4) The head of any Si/Gun/Gu may order a person who has violated paragraph (1) to restore the area concerned to its original state. In such cases, if the person to whom such order was given does not perform his or her obligations, the competent head of Si/Gun/Gu may carry out necessary measures vicariously on the person's behalf pursuant to the Administrative Vicarious Execution Act.

(5) Except as provided in this Act, Article 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to permission under paragraph (1). <Amended on Jun. 9, 2020>

(6) Any person who has permission under paragraph (1) shall be deemed to have obtained such permission in accordance with Article 56 of the National Land Planning and Utilization Act.

Article 26(Cancellation of designation of logistics complexes) #

(1) If any application for approval of an implementation plan for the development of a logistics complex prescribed in Article 28 has not been filed with respect to the whole or a part of the logistics complex by the deadline prescribed by Presidential Decree, beginning on the date of designation and public notification of the logistics complex, designation of the relevant area as a logistics complex shall be deemed cancelled on the day immediately after the end of such deadline.

(2) In any of the following cases, the authority designating logistics complexes may cancel designation of all or part of the relevant area as a logistics complex, as prescribed by Presidential Decree: <Amended on Feb. 4, 2010>

1. Where there is no prospect for the development of all or part of a logistics complex;

2. Where a logistics complex, for which at least 20 years have passed after its completion (including partial completion), is deemed impracticable to perform its functions as a logistics complex even if a logistics complex renewal project may be implemented under Article 52-2, because of the changes in surrounding circumstances and logistics industry conditions.

(3) If the designation of a logistics complex is deemed cancelled or is cancelled pursuant to paragraph (1) or (2), the authority designating logistics complexes shall notify heads of the relevant administrative agencies and the competent Mayor/Do governor of the cancellation and issue public notice thereof, and the competent Mayor/Do governor, upon receiving such notice, shall instruct the competent head of Si/Gun/Gu to make the notice available to the general public for inspection for at least 14 days.

(4) Where it has been determined to rezone a specific use zone prescribed in the National Land Planning and Utilization Act as a consequence of the designation of a logistics complex, but the designation of such logistics complex is cancelled pursuant to paragraph (1) or (2), it is deemed that the specific use zone as before rezoning is revived; provided, if the designation of a logistics complex is cancelled after the development of the logistics complex is complete, the specific use zone as before rezoning is not revived.

(5) The head of a Si/Gun/Gu shall, where a specific use zone is revived pursuant to paragraph (4), issue public notice thereof immediately.

Article 27(Implementers of projects for development of logistics complexes) #

(1) Any person that intends to implement a project for the development of a logistics complex shall be designated as the project implementer by the authority designating logistics complexes, as prescribed by Presidential Decree.

(2) Persons that are eligible for designation as an implementer of a logistics complex development project under paragraph (1) shall be as follows: <Amended on Jun. 10, 2022>

1. The State and local governments;

2. Public agencies prescribed by Presidential Decree;

3. Local government-invested public corporations prescribed in the Local Public Enterprises Act;

4. Corporations established pursuant to a special Act;

5. Corporations established pursuant to the Civil Act or the Commercial Act.

6. Landowners of the areas intended as a logistics complex or associations established by such landowners for the development of a logistics complex.

(3) Any person who desires to be designated as the implementer of a logistics complex development project under paragraph (1) shall file an application for designation as a project implementer with the authority designating logistics complexes as prescribed by Presidential Decree.

(4) The authority designating logistics complexes may, if any person designated as the implementer of a logistics complex development project pursuant to paragraph (1) (hereinafter referred to as "project implementer") and that falls under paragraph (2)5 or 6 fails to complete the logistics complex development project by the deadline set forth in the implementation plan approved pursuant to Article 28 for the development of the logistics complex, designate a person as the replacement project implementer from among the persons under the subparagraphs of paragraph (2) to implement the logistics complex development project. <Amended on Jun. 10, 2022>

(5) A project implementer under any provision of paragraph (2)1 through 4 may, if deemed necessary for efficiently implementing a logistics complex development project, assign the operator of a logistics facility (hereinafter referred to as "tenant enterprise") or a support facility (hereinafter referred to as "support institution"), which has occupied or plans to occupy the logistics complex as prescribed by Presidential Decree, part of the logistics complex development project to implement it.

Article 30(Deemed authorization or permission) #

(1) Matters on which an authority designating logistics complexes has consulted in advance with the heads of the relevant administrative agencies of the authorization, permission, etc., with respect to the following authorization, permission, etc. when the authority approves the relevant implementation plan or any amendment thereto, shall be deemed granted the relevant authorization, permission, etc., while the public notice issued with respect to approval of the implementation plan or any amendment thereto shall be deemed the public notice or public announcement of the relevant authorization, permission, etc. under the following relevant statutes: <Amended on Mar. 21, 2008; Dec. 26, 2008; Jan. 30, 2009; Jun. 9, 2009; Feb. 4, 2010; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Jan. 14, 2014; Jun. 3, 2014; Dec. 29, 2015; Jan. 27, 2016; Dec. 27, 2016; Jan. 17, 2017; Oct. 24, 2017; Jan. 29, 2020; Mar. 31, 2020; Jul. 20, 2021; Dec. 27, 2022; Jan. 9, 2024>

1. Permission for or reporting on installation of a discharging facility prescribed in Article 11 of the Act on the Management and Use of Livestock Excreta;

2. Building permission prescribed in Article 11 of the Building Act, reporting on building works prescribed in Article 14 of that Act, a revision to building permission or report under Article 16 of that Act, permission for or report on erection of a temporary building prescribed in Article 20 of that Act, or consultation on a building project prescribed in Article 29 of that Act;

3. Permission to extract aggregate prescribed in Article 22 of the Aggregate Extraction Act;

4. Permission to occupy or use public waters prescribed in Article 8 of the Public Waters Management and Reclamation Act, approval of or reporting on an implementation plan for occupation or use prescribed in Article 17 of that Act, a license to reclaim public waters prescribed in Article 28 of that Act, consultation on or approval of reclamation prescribed in Article 35 of that Act, or approval of a public water reclamation implementation plan prescribed in Article 38 of that Act;

5. Deleted; <Apr. 15, 2010>

6. Disuse of administrative property prescribed in Article 11 of the Public Property and Commodity Management Act or permission for use of, or benefit from administrative property prescribed in Article 20(1) of that Act;

7. Denial of permission for creation of mining rights prescribed in Article 24 of the Mining Industry Act or revocation of mining rights or reduction of mining concessions prescribed in Article 34 of that Act;

8. Permission for the use of administrative property prescribed in Article 30 of the State Property Act and the disuse of administrative property prescribed in Article 40 of that Act;

9. Determination on urban or Gun management planning prescribed in Article 30 of the National Land Planning and Utilization Act, permission for changing the form and quality of land or permission for division of land prescribed in Article 56(1)2 or 4 of that Act, designation of an implementer of an urban or Gun planning facility project prescribed in Article 86 of that Act, or authorization of an implementation plan prescribed in Article 88 of that Act;

10. Permission for the use of agricultural production infrastructure for any purpose, other than an originally intended purpose prescribed in Article 23 of the Agricultural and Fishing Villages Improvement Act;

11. Modification or cancellation of the designation of an agricultural promotion area, etc. prescribed in Article 31 of the Farmland Act, or permission for or consultation on conversion of farmland prescribed in Article 34 of that Act;

12. Permission for a person, other than a road management agency, to implement a road project prescribed in Article 36 of the Road Act, permission to occupy and use a road prescribed in Article 61 of that Act, and consultation with a road management agency and approval therefrom under Article 107 of that Act;

13. Permission for opening a private road prescribed in Article 4 of the Private Road Act;

14. Permission for cutting trees or other activities prescribed in Article 14 of the Erosion Control Work Act or cancellation of designation of an erosion control area prescribed in Article 20 of that Act;

15. Permission for or reporting on conversion of a mountainous district prescribed in Article 14 or 15 of the Mountainous Districts Management Act, permission for or reporting on temporary conversion of a mountainous district prescribed in Article 15-2 of that Act, permission for collecting earth or stone prescribed in Article 25 of that Act, permission for or reporting on felling standing timber, etc. prescribed in Article 36(1) or (5) of the Creation and Management of Forest Resources Act, permission for or reporting on activities inside a forest protection zone (excluding a forest genetic resource protection zone) prescribed in Article 9(1), and (2)1 and 2 of the Forest Protection Act, and the revocation of designation of a forest protection zone prescribed in Article 11(1)1 of that Act;

16. Permission for implementation of a small river project prescribed in Article 10 of the Small River Maintenance Act or permission for occupation and use of a small river prescribed in Article 14 of that Act;

17. Authorization for waterworks business prescribed in Article 17 or 49 of the Water Supply and Waterworks Installation Act or authorization for installation of an exclusive water supply system prescribed in Article 52 or 54 of that Act;

18. Approval for the master plan for installation of a public wastewater treatment facility prescribed in Article 49 of the Water Environment Conservation Act;

19. Consultation on an energy use plan prescribed in Article 8 of the Energy Use Rationalization Act;

19-2. Modification or cancellation of designation of a forestry promotion area prescribed in Article 20 of the Forestry and Mountain Villages Development Promotion Act;

20. Permission for relocation of an abandoned grave prescribed in Article 23 of the Act on Funeral Services;

20-2. Authorization of or reporting on a plan for installation of an electricity system for private use under Article 8 of the Electric Safety Management Act;

21. Reporting on commencement, change, or completion of a project prescribed in Article 86(1) of the Act on the Establishment and Management of Spatial Data;

22. Consultation on the feasibility of integrated supply of energy prescribed in Article 4 of the Integrated Energy Supply Act;

23. Permission for changing the form and quality of land, etc. prescribed in Article 21-2 of the Grassland Act, and permission for conversion of grassland prescribed in Article 23 of that Act;

24. Examination of the publication of maps, etc. prescribed in Article 15(4) of the Act on the Establishment and Management of Spatial Data;

25. Approval for or reporting on installation of a wastes disposal facility prescribed in Article 29 of the Wastes Control Act;

26. Permission for implementation of a public sewerage project prescribed in Article 16 of the Sewerage Act or permission to occupy and use a public sewerage system prescribed in Article 24 of that Act;

27. Consultation with or approval by a river management agency prescribed in Article 6 of the River Act, permission for implementation of a river project or authorization of an implementation plan for a river project prescribed in Article 30 of that Act, permission to occupy and use a river prescribed in Article 33 of that Act, or permission to use river water prescribed in Article 50 of that Act;

28. Permission for implementation of a harbor development project prescribed in Article 9(2) of the Harbor Act or approval of an implementation plan for a harbor development project prescribed in Article 10(2) of that Act;

29. Approval for matters, such as construction of factories prescribed in Article 13 of the Industrial Cluster Development and Factory Establishment Act;

30. Registration of establishment of large-scale stores prescribed in Article 8 of the Distribution Industry Development Act;

31. Approval for business plans prescribed in Article 12 of the Installation and Utilization of Sports Facilities Act.

(2) When the authority designating logistics complexes intends to approve an implementation plan or any revision thereto pursuant to 28 (1), he or she shall consult with the head of the competent administrative agency in advance to verify whether the intended approval complies with the relevant statutes or regulations in the subparagraphs of paragraph (1). <Added on Jan. 9, 2024>

(3) Where it is deemed that authorization, permission, etc. prescribed in other Acts have been granted pursuant to paragraph (1), the fee, service charge, or similar imposed for such authorization, permission, etc. pursuant to a relevant Act or municipal ordinance of the competent City/Do shall be waived. <Amended on Jan. 9, 2024>

(4) Except as otherwise expressly provided for in paragraphs (1) through (3), Articles 24 through 26 of the Framework Act on the Administration and Article 20(2) of the Administrative Procedures Act shall apply mutatis mutandis to the integrated public notification, etc. of the standards and effects of legal fictions of authorization, permission, etc., and the processing standards under this Article. In such cases, "standards for disposition" in Article 20(2) of the Administrative Procedures Act shall be construed as "standards for processing" and "publication" shall be deemed "public notification." <Amended on Jan. 9, 2024>

Article 32(Expropriation or use of land) #

(1) Any project implementer (excluding those prescribed in Article 27(2)6; hereafter in this Article the same shall apply) may expropriate or use land, etc. necessary for a logistics complex development project; provided, a project implementer falling under Article 27(2)5 may expropriate or use land, etc. only when it purchases at least 2/3 of the area of land subject to the project. <Amended on Jun. 10, 2022>

(2) Where the public notice is given, with respect to the designation of a logistics complex pursuant to Article 23(1) (referring to the public notice of the logistics complex development plan, if the details of the project implementer and a detailed list of land, etc. subject to expropriation or use are included in the logistics complex development plan pursuant to the proviso of Article 22(5), or Article 22-2(3) after the logistics complex is designated) as at the time land, etc. is expropriated or used pursuant to paragraph (1), it shall be deemed that approval for a project is granted and the public notice thereof is given pursuant to Article 20(1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Dec. 29, 2015>

(3) Any administrative adjudication on land, etc. within a logistics complex designated by the Minister of Land, Infrastructure and Transport shall be made by the Central Land Tribunal, while any administrative adjudication on land, etc. within a logistics complex designated by a Mayor/Do Governor shall be made by the competent Regional Land Tribunal. In such cases, a petition for administrative adjudication may be filed within the project implementation period set in a logistics complex development plan, notwithstanding Article 23(1) and 28(1) of the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) Except as otherwise provided in this Act, the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to expropriation and use prescribed in paragraph (1).

Article 36(Attribution of ownership in public facilities and land) #

(1) Where a project implementer prescribed in any provision of Article 27(2)1 through 4 has installed new public facilities or replacements of preexisting public facilities as a result of its implementation of the logistics complex development project, ownership in pre-existing public facilities is attributed without consideration to the project implementer, while ownership in newly installed public facilities is attributed without consideration to the State or the competent local government, whichever is responsible for the management of the facilities, notwithstanding the State Property Act and the Public Property and Commodity Management Act.

(2) Ownership in public facilities that have been newly installed by a project implementer prescribed in Article 27(2)5 or 6 as a result of its implementation of the logistics complex development project shall be attributed without consideration to the State or the competent local government, whichever is responsible for the management of the facilities, while ownership in property owned by the State or the competent local government but disused as a result of the implementation of the logistics complex development project may be transferred without consideration to the project implementer up to an amount equivalent to the expenses incurred in installing new public facilities, notwithstanding the State Property Act and the Public Property and Commodity Management Act. <Amended on Jun. 10, 2022>

(3) Whenever the authority designating logistics complexes intends to approve an implementation plan in which matters concerning attribution and transfer of ownership in a public facility prescribed in paragraphs (1) and (2) are involved, he or she shall hear the opinion of the agency responsible for the management of such public facility (hereinafter referred to as "managing agency") in advance. The same shall apply to any revision to such implementation plan.

(4) Any project implementer shall notify the managing agency of the detailed list of the public facilities, the ownership of which shall be attributed to the State or the competent local government, or the types of property and parcels of land under paragraph (1) or (2), the ownership of which shall be attributed or transferred to the project implementer before the logistics complex development project is completed, and ownership in such public facilities and property is deemed to be attributed to the State or the competent local government or to be attributed or transferred to the project implementer at the time when a notice of approval for completion of the project is delivered to the project implementer pursuant to Article 46(3) after completion of the project.

(5) With respect to the registration of the public facilities and property under paragraph (4), a written statement certifying the grounds for the registration under the Registration of Real Estate Act may be substituted by the letter of approval of an implementation plan for the logistics complex development project and the letter of approval for completion of the project.

(6) The scope of public facilities prescribed in paragraphs (1) through (5) shall be prescribed by Presidential Decree.

Article 46(Approval for completion of logistics complex development projects) #

(1) Any project implementer shall, upon completion of the whole or a part of a logistics complex development project, obtain approval for completion from the authority designating logistics complexes, as prescribed by Presidential Decree.

(2) In receipt of an application for approval for completion under paragraph (1), the authority designating logistics complexes may request the head of the competent central administrative agency or local government, a public agency, research institute, or other specialized institution prescribed by Presidential Decree to conduct an inspection necessary for approval for completion. In such cases, the inspection on a public facility shall be requested in principle to the State or the competent local government, whichever will be responsible for the management of the facility.

(3) If the outcomes of the completion inspection conducted under paragraph (2) show that a project has been completed in accordance with its implementation plan, the authority designating logistics complexes shall grant approval for completion, issue public notice thereof, as prescribed by Presidential Decree, and then shall notify the project implementer and the managing agency thereof, while if the project, as completed, does not conform to its implementation plan, he or she shall order the project implementer to perform corrective works and take necessary measures without delay.

(4) Upon obtaining approval for completion prescribed in paragraph (1), a project implementer is deemed to have received or completed the inspection, approval, reporting, and confirmation related to completion of the project with respect to the constructive authorization or permission effected by approval for its implementation plan pursuant to Article 30(1).

(5) No one may use land developed or facilities installed as a result of a logistics complex development project before the completion of the project is approved pursuant to paragraph (1); provided, the same shall not apply if the authority designating logistics complexes grants permission for use, as prescribed by Presidential Decree.

(6) The authority designating logistics complexes shall notify the applicant of whether to grant permission, within 15 days after receipt of an application for permission for use under the proviso of paragraph (5). <Added on Dec. 18, 2018>

Article 49(Mutatis mutandis application to projects related to development of logistics complexes) #

With regard to any of the following projects among the projects performed in the vicinity of a logistics complex in connection with the development of the logistics complex, Articles 25, 28 through 37, 39, 45 through 47, and 52 through 61 shall apply mutatis mutandis. In such cases, "logistics complex" shall be construed as "area for which approval of an implementation plan for a project related to the development of a logistics complex has been publicly notified," "implementation plan for the development of a logistics complex" as "implementation plan for a project related to the development of a logistics complex," "public notice of the designation of a logistics complex" as "public notice of approval of an implementation plan for a project related to the development of a logistics complex," and "logistics complex development plan" as "implementation plan for a project related to the development of a logistics complex": <Amended on Jan. 27, 2016>

(9) Article 22, 22-2, 22-6, 25 through 27, 30 through 44, 46, 49, 50, 50-2, 50-3, 51, and 52 shall apply mutatis mutandis to a logistics complex renewal project; provided, a partial renewal project referred to in paragraph (2) need not be deliberated upon by the logistics facilities subcommittee prescribed in Article 19(1)2 of the Framework Act on Logistics Policies or by the local logistics policy committee prescribed in Article 20 of that Act, and Article 25 shall apply mutatis mutandis only to areas designated and publicly announced by the authority designating logistics complexes for the restriction on development activities. <Amended on Dec. 29, 2015>

2. A project for a facility for supply of gas or petroleum;

3. A project for the development of a soil borrow pit or an aggregate quarry adjacent to a logistics complex for the development of the logistics complex;

4. A project for dredging for the development of a logistics complex.

Article 50-3(Charges for compelling performance) #

(1) An authority designating logistics complexes shall order a person who has failed to perform his or her obligation prescribed in Article 50-2 to perform the obligation within the deadline set by Decree of the Ministry of Land, Infrastructure and Transport; and if the person fails to comply with the order within the deadline, the authority designating logistics complexes may impose a charge for compelling the performance equivalent to 20/100 of the property value (referring to the price appraised by an appraisal corporation prescribed in the Act on Appraisal and Certified Appraisers) of the relevant land, facilities, etc. <Amended on Mar. 23, 2013; Jan. 19, 2016; Apr. 7, 2020>

(2) An authority designating logistics complexes shall first inform the relevant person of his or her intention of imposing a charge for compelling the performance prescribed in paragraph (1), in writing, before he or she actually imposes such charge.

(3) When an authority designating logistics complexes intends to impose a charge for compelling the performance prescribed in paragraph (1), it shall provide a document specifying the amount of the charge for compelling the performance, grounds for imposition, payment deadline, collecting agencies, how to file an objection, the agency to which an objection is filed, etc.

(4) An authority designating logistics complexes may repeatedly impose and collect a charge for compelling the performance prescribed in paragraph (1) once per year until the obligation is performed, starting from the date following the expiration of a deadline referred to in Article 50-2(1).

(5) No authority designating logistics complexes shall impose a new charge for compelling the performance when a person with the obligation prescribed in Article 50-2 performs his or her obligation; yet charges for compelling the performance which have already been imposed shall be collected.

(6) Except as provided in paragraphs (1) through (5), procedures for imposing and collecting charges for compelling the performance shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

[This Article Added on Feb. 4, 2010]

Article 52(Building permission for logistics complex facilities and approval for use thereof) #

(1) A person who intends to build a logistics complex facility or a support facility in a logistics complex shall be deemed to have obtained the following authorization, permission, etc. when he or she obtains building permission prescribed in Article 11 of the Building Act (referring to the time he or she obtains approval for use under Article 22 of the Building Act, where the facility is one for which building permission is deemed granted following approval for an implementation plan prescribed in Article 28(1)): <Amended on Mar. 21, 2008; Jun. 9, 2009; Apr. 14, 2011; Aug. 4, 2011; Jan. 14, 2014; Jun. 3, 2014; Jan. 28, 2015; Jan. 17, 2017; Oct. 24, 2017; Mar. 31, 2020; Jun. 9, 2020; Nov. 30, 2021>

1. Permission for or reporting on installation of a discharging facility prescribed in Article 11 of the Act on the Management and Use of Livestock Excreta or the completion inspection conducted under Article 15 of that Act;

2. Permission for or reporting on erection of a temporary building prescribed in Article 20(1) or (3) of the Building Act or reporting on construction of a structure prescribed in Article 83 of that Act;

3. Permission for installation of a high-pressure gas storage prescribed in Article 4(3) of the High-Pressure Gas Safety Control Act, completion inspection on a project for installation of facilities for manufacturing, storage, distribution, or importation of high-pressure gas or facilities for manufacturing containers, etc. prescribed in Article 16(3) of that Act, or completion inspection on a specific high-pressure gas facility prescribed in Article 20 of that Act;

4. Permission to engage in development activities prescribed in Article 56(1) of the National Land Planning and Utilization Act (limited to construction of a building or the installation of a structure), completion inspection conducted under Article 62(1) of that Act, designation of the project implementer of an urban or Gun planning facility project prescribed in Article 86 of that Act, approval for an implementation plan prescribed in Article 88 of that Act, and completion inspection conducted under Article 98(2) of that Act;

5. Permission for or reporting on installation of a discharging facility prescribed in Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, or Article 8 of the Noise and Vibration Control Act;

6. Reporting on commencement of operation of a discharge facility or preventive facility therefor under Article 30 of the Clean Air Conservation Act or Article 37 of the Water Environment Conservation Act;

7. Permission to occupy and use a road prescribed in Article 61 of the Road Act;

8. Consent to building permission, etc. under Article 6(1) of the Act on Installation and Maintenance of Firefighting Systems, reporting on a project for installation of a firefighting system prescribed in Article 13(1) of the Firefighting System Installation Business Act, completion inspection under Article 14 of that Act, permission for construction of a factory, etc. prescribed in Article 6(1) of the Act on the Safety Control of Hazardous Substances, or completion inspection under Article 9 of that Act;

9. Approval for installation of an exclusive water supply system prescribed in Article 52 or 54 of the Water Supply and Waterworks Installation Act;

10. Permission for installation of a liquefied petroleum gas storage facility prescribed in Article 8(1) of the Safety Control and Business of Liquefied Petroleum Gas Act and completion inspection of installation of a storage facility or a facility for manufacturing gas appliances prescribed in Article 36(2) of that Act;

11. Authorization of or reporting on a plan for installation of a private electricity system prescribed in Article 8 of the Electric Safety Management Act or pre-use inspection of a private electricity system prescribed in Article 9 of that Act;

12. Pre-use inspection conducted under Article 36 of the Information and Communications Construction Business Act;

13. An application for registration of land alteration prescribed in Article 64(2) of the Act on the Establishment and Management of Spatial Data;

14. Permission for installation of an explosive (temporary) storage prescribed in Article 25(1) of the Act on Control of Firearms, Knives, Swords and Explosives or completion inspection conducted under Article 43 of that Act;

15. Reporting on installation of a facility subject to control of specific soil pollution prescribed in Article 12 of the Soil Environment Conservation Act;

16. Approval for or reporting on installation of a wastes disposal facility prescribed in Article 29(2) of the Wastes Control Act or reporting on commencement of operation of a wastes disposal facility prescribed in Article 29(4) of that Act;

17. Permission to occupy and use a public sewerage system prescribed in Article 24 of the Sewerage Act, reporting on installation of a drainage system prescribed in Article 27(3) of that Act, reporting on installation of a private sewage treatment system prescribed in Article 34(2) of that Act, or completion inspection conducted under Article 37 of that Act.

(2) Where a matter referred to in any subparagraph of paragraph (1) is under the jurisdiction of an administrative agency, other than the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or head of a Si/Gun/Gu, the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or head of a Si/Gun/Gu shall first consult with the head of the administrative agency.

(3) Article 20(2) of the Administrative Procedures Act shall apply mutatis mutandis to the processing standards related to the legal fiction of authorization, permission, etc. under paragraph (1). In such cases, "standards for disposition" shall be deemed "standards for processing" and "publication" as "public notice." <Amended on Jan. 9, 2024>

Article 52-2(Renewal of logistics complexes) #

(1) An authority designating logistics complexes may conduct a project to renew a logistics complex (hereinafter referred to as "logistics complex renewal project") by his or her own decision or at the request of the head of a relevant central administrative agency or Si/Gun/Gu when it is necessary to renew a logistics complex after 20 years have elapsed since its construction completion (including a partial completion) and there have been structural changes in the logistics industry and logistics facilities have been worn; provided, a logistics complex renewal project may be conducted even for a logistics complex completed, for which 20 years have not elapsed since its completion, if it is necessary to rearrange the categories of businesses, etc.

(2) A logistics complex renewal project may be conducted for the whole or a part of the logistics complex, as prescribed by Presidential Decree.

(3) When an authority designating logistics complexes intends to conduct a logistics complex renewal project (excluding a partial renewal project), it shall formulate and publicly announce a plan for renewal of logistics complexes (hereinafter referred to as "renewal plan"), after seeking opinions from tenant enterprises and the heads of relevant local governments and consulting with the heads of relevant administrative agencies, but may omit public announcement in cases of partial renewal projects. The same shall apply to any amendment to a renewal plan (excluding an amendment to any insignificant matter prescribed by Presidential Decree). <Amended on Oct. 24, 2017>

(4) A renewal plan shall include:

1. The name, location, and size of the logistics complex;

2. The objectives of the logistics complex renewal project;

3. The implementer of the logistics complex renewal project;

4. Methods for implementing the logistics complex renewal project;

5. Matters concerning major facilities and standards for the installation of such facilities;

6. A plan for modifying the initial land use plan and major infrastructure;

7. A financing plan;

8. Other matters prescribed by Presidential Decree.

(5) A person designated as an implementer of a logistics complex renewal project prescribed in paragraph (4)3 shall formulate a logistics complex renewal implementation plan (hereinafter referred to as "renewal implementation plan") for approval by the authority designating logistics complexes. The same shall apply to an amendment to such approved plan (excluding an amendment to any insignificant matter prescribed by Presidential Decree).

(6) When an authority designating logistics complexes intends to approve a renewal implementation plan pursuant to paragraph (5), it shall first seek opinions from tenant enterprises and the heads of relevant local governments and consult with the heads of relevant administrative agencies.

(7) When the heads of relevant central administrative agencies or the heads of Sis/Guns/Gus request an authority designating logistics complexes to implement a logistics complex renewal project, they shall submit a basic direction-setting and financing plan for the logistics complex renewal project, as determined by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(8) A person qualified to request the designation of a logistics complex prescribed in the former part of Article 22(4) or Article 22-2(2) may request an authority designating logistics complexes to implement a logistics complex renewal project. In such cases, when requesting the implementation of a renewal project for the whole of a logistics complex, a renewal plan shall be prepared and submitted. <Amended on Dec. 29, 2015>

[This Article Added on Feb. 4, 2010]

Article 52-3(Revocation of designation, approval, or authorization) #

(1) If any of the following cases applies to a project implementer (including a person who engages in the business related to logistics complex development applicable mutatis mutandis to Article 49 and an implementer of a logistics complex renewal project applicable mutatis mutandis to Article 52-2(9)), the Minister of Land, Infrastructure and Transport or Mayors/Do Governors may revoke designation, approval, or authorization prescribed in this Act, or take other necessary measures, such as suspension of construction, renovation of a structure, or relocation; provided, designation, approval, or authorization shall be revoked when any of subparagraphs 1 through 5 applies to the project implementer: <Amended on Mar. 23, 2013; Dec. 29, 2015>

1. If he or she has obtained designation as a logistics complex prescribed in Article 22(1) or 22-2(1) by fraud or other improper means (including cases to which Article 52-2(9) applies mutatis mutandis);

2. If he or she has obtained designation as a project implementer prescribed in Article 27(1) by fraud or other improper means (including cases applied mutatis mutandis in Article 52-2(9));

3. If he or she has obtained the approval of an implementation plan prescribed in Article 28(1) by fraud or other improper means (including cases applied mutatis mutandis in Article 49);

4. If he or she has obtained authorization for completion of a project prescribed in Article 46(1) by fraud or other improper means (including cases applied mutatis mutandis in Article 49 and 52-2(9));

5. If he or she has obtained approval of a renewal implementation plan prescribed in Article 52-2(5) by fraud or other improper means;

6. If it becomes impracticable to continue to implement a logistics complex development project due to changes in circumstances.

(2) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor takes any disposition prescribed in paragraph (1), he or she shall issue public notice thereof, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>

[This Article Added on Feb. 4, 2010]

Article 59-2(Application mutatis mutandis of the Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes) #

(1) The Act on Special Cases concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes shall apply mutatis mutandis to procedures for designating and developing logistics complexes; provided, Article 17 and 18 of the aforesaid Act shall not apply mutatis mutandis.

(2) In applying the Act on Special Cases concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes mutatis mutandis pursuant to paragraph (1), "industrial complex" shall be construed as "logistics complex defined in subparagraph 6 of Article 2"; "national industrial complex" as "logistics complex designated by the Minister of Land, Infrastructure and Transport pursuant to Article 22(1)1 or 22-2"; "support center for development of industrial complexes" as "support center for development of logistics complexes"; "committee for deliberation on industrial complex plans" as "committee for deliberation on logistics complex plans"; "central committee for deliberation on industrial complex plans" as "central committee for deliberation on logistics complex plans"; "regional committee for deliberation on industrial complex plans" as "regional committee for deliberation on logistics complex plans"; "industrial complex plan" as "logistics complex plan"; "private enterprises, etc." as "persons, other than an authority designating logistics complexes the managing agency, tenant enterprises, and support institutions of a logistics complex prescribed in Article 22 or 22-2"; "committee for deliberation on policies on industrial sites" as "logistics facilities subcommittee prescribed in Article 19(1)2 of the Framework Act on Logistics Policies or committee for policies on regional logistics prescribed in Article 20 of the aforesaid Act"; and "guidelines for integration of industrial complex plans" as "guidelines for integration of logistics complex plans." <Amended on Mar. 23, 2013; Dec. 29, 2015; Feb. 18, 2020; Apr. 7, 2020>

(3) The Minister of Land, Infrastructure and Transport may request each authority designating logistics complexes to submit data concerning the current status of advancement of projects in order to efficiently promote the designation and development of logistics complexes, and may request the Prime Minister to initiate coordination, if necessary for consultations with the relevant agencies. <Amended on Mar. 23, 2013>

[This Article Added on Jun. 5, 2008]

Article 59-4(Application for designation of maintenance district of logistics traffic and environment) #

(1) Where it is necessary for maintaining infrastructure, such as roads, and improving living environment, such as the reduction of noise, vibration, fine dust, due to clustering of logistics facilities, and it meets the requirements prescribed by Presidential Decree, the head of a Si/Gun/Gu may file an application with a Mayor/Do Governor for the designation of a maintenance district of logistics traffic and environment (hereinafter referred to as "maintenance district"). The same shall also apply to any alteration of a maintenance district.

(2) The head of a Si/Gun/Gu who intends to file an application for the designation or alteration of a maintenance district pursuant to paragraph (1) shall formulate a plan for the maintenance of logistics traffic and environment (hereinafter referred to as "maintenance plan") including the following and submit it to a Mayor/Do Governor: In such cases, where a maintenance district extends over the jurisdictions of two or more Sis/Guns/Gus, the heads of the competent Sis/Guns/Gus shall jointly formulate and submit it:

1. Outline of a maintenance plan, including location, area and period of maintenance;

2. The current status of a maintenance district (the number of population, the number and area of logistics facilities, traffic volume, and the cargo traffic volume);

3. A traffic maintenance plan, including construction, expansion, improvement, and repair of a road;

4. An environmental improvement plan, including the prevention of noise and vibration and reduction of air pollution;

5. A cost-sharing plan for the maintenance projects for logistics traffic and environment;

6. Other matters prescribed by Presidential Decree.

(3) When the head of a Si/Gun/Gu intends to file an application for the designation or alteration of the maintenance district under paragraph (1), he or she may do so, attaching the opinions of the local council thereto, after holding an explanatory meeting for residents, making the details of such designation or alteration available to the general public for inspection for at least 14 days, gathering the consensus of residents thereon and hearing the opinions of the local council (in such cases, the local council shall present its opinions within 60 days from the date on which the head of such Si/Gun/Gu notifies an application for the designation or alteration of the maintenance district, and if such period elapses with no opinion presented, it shall be deemed that the local council has no objection); provided, where he or she intends to file an application for the alteration of minor matters prescribed by Presidential Decree, he or she need not undergo procedures for holding an explanatory meeting for residents, making the details of designation, etc. available to the general public for inspection, gathering the consensus of residents thereon and hearing the opinions of the local council.

(4) Matters necessary for the method of holding an explanatory meeting for residents, making the details of designation or alteration available to the general public for inspection, gathering the consensus of residents thereon under paragraph (3) shall be prescribed by Presidential Decree.

[This Article Added on Jun. 9, 2020]

Article 59-6(Cancellation of designation of maintenance district of logistics traffic and environment) #

(1) Where a Mayor/Do Governor deems that the objectives of the designation of a maintenance district have been achieved or are not achievable in light of the progress of the maintenance projects for logistics traffic and environment, he or she may cancel the designation of a maintenance district after holding consultation with the heads of relevant administrative agencies and undergoing deliberation jointly conducted by the committee for deliberation on logistics complex plans under Article 59-2 and the relevant City/Do urban planning committee established under Article 113 of the National Land Planning and Utilization Act, as prescribed by Presidential Decree.

(2) A Mayor/Do Governor who intends to cancel the designation of the maintenance district pursuant to paragraph (1) shall hold an explanatory meeting for residents, make the details of such designation or alteration available to the general public for inspection for at least 14 days, gather the consensus of residents thereon and hear the opinions of the local council before joint deliberation by the committee for deliberation on logistics complex plans under Article 59-2 and City/Do urban planning committee established under Article 113 of the National Land Planning and Utilization Act. In such cases, the local council shall present its opinion within 60 days from the date of receiving such request, and if such period elapses without no opinion presented, it shall be deemed that the local council has not objection.

(3) When a Mayor/Do Governor cancels the designation of a maintenance district pursuant to paragraph (1), he or she shall publicly notify the details thereof in the official reports of the relevant local government without delay, as prescribed by Presidential Decree.

(4) When a Mayor/Do Governor has cancelled the designation of a maintenance district pursuant to paragraph (1), he or she shall report the cancellation to the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(5) Matters necessary for the method of holding an explanatory meeting for residents, making the details of designation or alteration available to the general public for inspection, gathering the consensus of residents thereon under paragraph (2) shall be prescribed by Presidential Decree.

[This Article Added on Jun. 9, 2020]

Article 61(Reporting) #

(1) The Minister of Land, Infrastructure and Transport may require a complex logistics terminal operator to submit a report or data necessary with respect to the construction of the complex logistics terminal or assign his or her subordinate public official to conduct an inspection on business affairs related to the construction of the complex logistics terminal. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may require a logistics warehousing business entity to submit a report or data on the operation of a logistics warehouse or may require a public official under his or her jurisdiction to inspect affairs concerning the operation of a logistics warehouse; provided, a person who runs a logistics warehouse business falling under any subparagraph of Article 21-2(4) shall be excluded herefrom. <Added on Aug. 4, 2011; Mar. 23, 2013; Jan. 16, 2024>

(3) The Minister of Land, Infrastructure and Transport or each Mayor/Do Governor may require a project implementer to submit a report or data necessary with respect to the development of the logistics complex or assign his or her subordinate public official to conduct an inspection of business affairs related to the development of the logistics complex. <Amended on Feb. 29, 2008; Aug. 4, 2011; Mar. 23, 2013>

(4) The Minister of Land, Infrastructure and Transport or each Mayor/Do Governor may require a managing agency, tenant enterprise, or support institution prescribed in Article 53 to submit a report or data necessary with respect to the management of the logistics complex or assign his or her subordinate to conduct an inspection on business affairs related to the management of the logistics complex. <Amended on Feb. 29, 2008; Aug. 4, 2011; Mar. 23, 2013; Oct. 24, 2017>

(5) Any public official who conducts an inspection pursuant to paragraphs (1) through (4) shall carry identification indicating his or her authority and produce it to the relevant persons. <Amended on Aug. 4, 2011>

(6) Matters necessary for identification prescribed in paragraph (5) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Aug. 4, 2011; Mar. 23, 2013>

[Title Amended on Aug. 4, 2011]

Article 64(Delegation of authority) #

(1) The Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may delegate the following authority among his or her authority under this Act over the following affairs to each Mayor/Do Governor, as prescribed by Presidential Decree; provided, a person who engages in logistics warehousing business within an area in a State-controlled trading port among trading ports under Article 3(1)1 and (2)1 of the Harbor Act shall be excluded herefrom: <Amended on Feb. 29, 2008; Feb. 4, 2010; Aug. 4, 2011; Feb. 22, 2012; Mar. 23, 2013; Jun. 22, 2015; Mar. 21, 2017; Dec. 18, 2018; Apr. 7, 2020; Jan. 18, 2022>

1. Registration of logistics warehousing business and registration of the modification thereof under Article 21-2(1) and (2);

1-2. Deleted; <Jan. 18, 2022>

2. Imposition of penalty surcharges on logistics warehousing business entities and collection of such charges therefrom under Article 21-9;

3. Receipt of reports on succession to business by logistics warehousing business entities and notification of whether the reports have been received under Article 14 (2) and (3) applicable mutatis mutandis in Article 21-10;

4. Receipt of reports on temporary or permanent closure of the logistics warehousing business and receipt of reports on the dissolution of corporations under Article 15(1) and (2) applicable mutatis mutandis in Article 21-10;

5. Revocation of registration and suspension of business of logistics warehousing business entities under Article 17(1) applicable mutatis mutandis in Article 21-10;

6. Approval for implementation plans and revisions thereto under Article 28(1) (including cases applied mutatis mutandis in Article 49) and consultation with the heads of relevant administrative agencies under Article 28(3) (including cases applied mutatis mutandis in Article 49);

7. Public notice of the approval of implementation plans or revisions thereto and forwarding copies of relevant documents regarding the heads of the competent Sis/Guns/Gus under Article 29(1) (including cases applied mutatis mutandis in Article 49);

8. Consultation with the heads of relevant administrative agencies on the disuse or sale of public or State property for the logistics complex development projects under Article 13(2) applicable mutatis mutandis in Article 37;

9. Authorization for completion of logistics complex development projects under Article 46(1) (including cases applied mutatis mutandis in Article 49 and 52-2(9)), public announcement of, and notification to project implementers and relevant managing agencies under Article 46(3) (including cases applied mutatis mutandis in Article 49 and 52-2(9)), or permission for use under the proviso of Article 46(5) (including cases applied mutatis mutandis in Article 49 and 52-2(9));

10. Imposition and collection of charges for compelling compliance under Article 50-3 (including cases applied mutatis mutandis in Article 52-2(9));

10-2. Deleted; <Jan. 18, 2022>

11. Receipt of logistics complex management plans prescribed in Article 55(1);

12. Recommendations to managing agencies, etc. prescribed in Article 57;

13. Issuance of orders to logistics warehousing business entities to submit reports or data, or inspection of the affairs thereof under Article 61(2);

14. Holding of hearings on revocation of the registration of logistics warehousing business under subparagraph 1 of Article 62;

15. Imposition of administrative fines on logistics warehousing business entities and collection of such fines therefrom under Article 67;

16. Other affairs prescribed by Presidential Decree.

(2) The following authority of the Minister of Land, Infrastructure and Transport may be delegated to the heads of agencies under his or her jurisdiction as prescribed by Presidential Decree: <Added on Jan. 18, 2022>

1. Registration of complex logistics terminal business and registration of revision thereto under Article 7(1) and (3);

2. Authorization for implementation of projects or revision thereto under Article 9(1), consultation with the heads of competent administrative agencies under Article 9(2), and public notice of authorization for implementation of projects under Article 9(5);

3. Consultation with the heads of relevant administrative agencies on the disuse or sale of State or public property for the construction of complex logistics terminals under Article 13(2);

4. Receipt of reports on succession to business by complex logistics terminal operators and notification of whether such reports have been received under Article 14(2) and (3);

5. Receipt of reports on temporary or permanent closure of complex logistics terminal business and receipt of reports on the dissolution of corporations under Article 15(1) and (2);

6. Revocation of registration or suspension of business of complex logistics terminal operators under Article 17(1);

7. Imposition of penalty surcharges on complex logistics terminal operators and collection of such charges therefrom under Article 18;

8. Requests for cooperation in securing project sites, installing urban or Gun planning facilities, etc. under Article 20(3);

9. Authorization for revision to implementation of projects under Article 20-2;

10. Issuance of orders to complex logistics terminal operators to submit reports or data and conduct inspections of their affairs under Article 61(1);

11. Hearings on the revocation of registration of complex logistics terminal business under subparagraph 1 of Article 62;

12. Imposition of administrative fines on complex logistics terminal operators and collection of such fines therefrom under Article 67;

13. Other affairs prescribed by Presidential Decree.

(3) The Minister of Oceans and Fisheries may delegate the following authority among his or her authority under this Act to the administrator of a regional office of oceans and fisheries, as prescribed by Presidential Decree; provided, this shall only apply where a person engages in logistics warehousing business within an area in a State-controlled trading port among trading ports under Article 3(1)1 and (2)1 of the Harbor Act: <Added on Aug. 4, 2011; Feb. 22, 2012; Mar. 23, 2013; Jun. 22, 2015; Apr. 7, 2020; Jan. 18, 2022; Aug. 16, 2023>

1. Registration of logistics warehousing business and registration of the modification thereof under Article 21-2(1) and (2);

2. Imposition of penalty surcharges on logistics warehousing business entities and collection of such charges therefrom under Article 21-9;

4. Receipt of reports on temporary or permanent closure of business under Article 15(1) applicable mutatis mutandis in Article 21-10 and receipt of reports on the dissolution of corporations under Article 15(2) applicable mutatis mutandis in Article 21-10;

5. Revocation of registration and suspension of business of logistics warehousing business entities under Article 17(1) applicable mutatis mutandis in Article 21-10;

6. Issuance of orders to logistics warehousing business entities to submit reports or data, and inspection of their affairs under Article 61(2);

7. Holding of hearings on the revocation of registration of logistics warehousing business under subparagraph 1 of Article 62;

8. Imposition of administrative fines on logistics warehousing business entities and collection of such fines therefrom under Article 67;

9. Other affairs prescribed by Presidential Decree.

(4) Each Mayor/Do Governor may re-delegate part of the authority delegated to him or her pursuant to paragraph (1) by the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries to the head of a Si/Gun/Gu (excluding the Special Self-Governing Province Governor) subject to approval from the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Aug. 4, 2011; Mar. 23, 2013; Jun. 9, 2020; Jan. 18, 2022>

(5) Each Mayor/Do Governor may delegate part of his or her authority prescribed in this Act to the head of a Si/Gun/Gu (excluding the Special Self-Governing Province Governor), as prescribed by ordinance of the relevant City/Do. <Amended on Aug. 4, 2011; Jun. 9, 2020; Jan. 18, 2022>

(6) Where the authority for the imposition and collection of penalty surcharges is delegated to each Mayor/Do Governor pursuant to paragraph (1)2, if any person fails to pay a penalty surcharge under Article 21-9(1), the relevant Mayor/Do Governor shall collect the penalty surcharge in the same manner as prescribed in the Act on the Collection of Local Administrative Penalty Charges, as prescribed by ordinance of the relevant local government. <Amended on Aug. 4, 2011; Jun. 9, 2020; Jan. 18, 2022; Aug. 16, 2023>

Article 65(Penalty provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won; provided, any person falling under subparagraph 7 and who has gained at least 30 million won from the disposition, shall be punished by imprisonment with labor for not exceeding one year or by a fine up to the amount equivalent to the gains: <Amended on Feb. 4, 2010; Aug. 4, 2011; Oct. 24, 2017; Apr. 7, 2020; Jan. 18, 2022>

1. Any person who engages in complex logistics terminal business without registration, in violation of Article 7(1);

2. Deleted; <Jan. 28, 2014>

3. Any person who implements a project without authorization for the implementation of the project, or revisions thereto, in violation of Article 9(1);

4. Any person who allows a third person to use his or her name or trade name or lends his or her registration certificate to a third person, in violation of Article 16 (including cases applied mutatis mutandis in Article 21-10);

4-2. Any person who engages in logistics warehousing business without registration, in violation of Article 21-2(1); provided, any person who engages in logistics warehousing business falling under any subparagraph of Article 21-2(4) shall be excluded herefrom;

4-3. Deleted; <Jan. 18, 2022>

5. Any person who builds a building or similar, in violation of Article 25(1) (including cases applied mutatis mutandis in Article 49 and 52-2(9));

6. Any person who obtains designation or approval prescribed in Article 27(1) (including cases applied mutatis mutandis in Article 52-2(9)) or 28(1) by fraud or other improper means (including cases applied mutatis mutandis in Article 49);

7. Any person who disposes of a parcel of land or a facility, in violation of Article 51(1) (including cases applied mutatis mutandis in Article 52-2(9)).

(2) Any person who makes and uses a false certification mark or falsely impersonate a smart logistics center, in violation of Article 21-4(5), shall be punished by a fine not exceeding 30 million won. <Added on Apr. 7, 2020>

ACT ON THE DEVELOPMENT AND MANAGEMENT OF LOGISTICS FACILITIES

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relationship to other statutes) #

Article 4(Formulation of comprehensive plans for development of logistics facilities) #

Article 5(Procedures for formulating comprehensive plans for development of logistics facilities) #

Article 6(Relations between comprehensive plans for development of logistics facilities and other plans) #

Article 7(Registration of complex logistics terminal business) #

Article 8(Grounds for disqualification of registration) #

Article 9(Authorization for implementation of projects) #

Article 10(Expropriation and use of land) #

Article 11(Entrustment of business affairs for purchasing land) #

Article 12(Entrance onto land) #

Article 13(Restrictions on disposal of State-owned or public land) #

Article 14(Business succession) #

Article 15(Temporary or permanent closure of business) #

Article 16(Prohibition on lending of registration certificate) #

Article 17(Revocation of registration) #

Article 18(Penalty surcharges) #

Article 19(Logistics Terminal Business Association) #

Article 20(Support for development of logistics terminals) #

Article 20-2(Support for activation of logistics terminals) #

Article 21(Deemed authorization or permission) #

Article 21-2(Registration of logistics warehousing business) #

Article 21-3(Standards for earthquake-resistant design for facilities within logistics warehouses) #

Article 21-4(Certification of smart logistics center) #

Article 21-5(Revocation of certification) #

Article 21-6(Revocation of designation of certification institutions) #

Article 21-7(Funding) #

Article 21-8(Use of subsidies) #

Article 21-9(Penalty surcharges) #

Article 21-10(Provisions applicable mutatis mutandis) #

Article 22(Designation of general logistics complexes) #

Article 22-2(Designation of urban advanced logistics complexes) #

Article 22-3(Consent of land owners) #

Article 22-4(Special cases concerning establishment of support complexes) #

Article 22-5(Multi-dimensional development with other zones) #

Article 22-6(Guidelines for development of logistics complexes) #

Article 22-7(Examination of actual demand for logistics complexes) #

Article 23(Public notice of designation of logistics complexes) #

Article 24(Hearings of residents' opinions) #

Article 25(Restriction on activities) #

Article 26(Cancellation of designation of logistics complexes) #

Article 27(Implementers of projects for development of logistics complexes) #

Article 27-2(Authorization for establishment of association) #

Article 28(Approval for implementation plan for development of logistics complex) #

Article 29(Public notice of approval for implementation plans) #

Article 30(Deemed authorization or permission) #

Article 31(Entrusted implementation of logistics complex development projects) #

Article 32(Expropriation or use of land) #

Article 33(Special cases concerning application of the Public Waters Management and Reclamation Act) #

Article 34(Land substitution to land owners) #

Article 35(Entry into or exit from land) #

Article 36(Attribution of ownership in public facilities and land) #

Article 37(Restrictions on disposal of State-owned or public land) #

Article 38(Costs of logistics complex development projects) #

Article 39(Support to logistics complex development projects) #

Article 40(Institution of special accounts for development of logistics complexes) #

Article 41(Management of special accounts) #

Article 42(Retention of facilities) #

Article 43(Advance payments) #

Article 44(Construction of public facilities) #

Article 45(Measures for resettlement) #

Article 46(Approval for completion of logistics complex development projects) #

Article 47(Inspection of relevant documents) #

Article 48 #

Article 49(Mutatis mutandis application to projects related to development of logistics complexes) #

Article 50(Disposition of developed land or facilities) #

Article 50-2(Commencement of construction of logistics complex facilities) #

Article 50-3(Charges for compelling performance) #

Article 51(Restrictions on disposition of developed land and facilities) #

Article 52(Building permission for logistics complex facilities and approval for use thereof) #

Article 52-2(Renewal of logistics complexes) #

Article 52-3(Revocation of designation, approval, or authorization) #

Article 53(Managing agency of logistics complex) #

Article 54(Guidelines for managing logistics complexes) #

Article 55(Logistics complex management plans) #

Article 56(Joint contributions) #

Article 57(Recommendations) #

Article 58(Abatement and exemption of taxes) #