ACT ON COMPREHENSIVE PLANS FOR CONSTRUCTION IN THE NATIONAL TERRITORY

Article 1(Purpose) #

The purpose of this Act is to contribute to the enhancement of public welfare through the achievement of economic, social and cultural development of the national territory, by prescribing comprehensive plans for construction in the national territory and matters concerning national territory survey as basis of such plans, in order to utilize, develop and preserve comprehensively the natural conditions of the national territory, and to optimize the industrial locations and people’s life surroundings.

Article 2(Definitions of Comprehensive Plan for Construction in National Territory) #

The term “comprehensive plans for construction in the national territory” as referred to in this Act, means an overall and fundamental long-term plan concerning the following matters which are to be targets and guidelines for locations and equipment scales of projects carried out by the State or a local government for the purpose of achieving the purpose as prescribed in Article 1:

1. Utilization, development and preservation of land, water, and other natural resources;

2. Prevention and relief from flood or storm damages and other disasters;

3. Outlines for arrangement of cities and farming villages and their respective scales and structures;

4. Selection and formation of industrial sites;

5. Arrangement and scales of important public facilities which serve as foundations for industrial development;

6. Protection of culture, welfare, tourism resources and other resources, and arrangement and scale of facilities; and

7. Other matters incidental to any of the above-mentioned matters.

Article 3(Classification of Plans Construction In National Territory) #

(1) Comprehensive plans for construction in the national territory (hereinafter referred to as “plans for construction in the national territory”) shall be classified into five categories: a comprehensive plan for nationwide construction (hereinafter referred to as a “nationwide plan”), a comprehensive plan for construction in specific district (hereinafter referred to as a “specific district plan”), a comprehensive plan for construction in Do (hereinafter referred to as a “Do plan”), a comprehensive plan for construction in urban and rural complex-type Si (hereinafter referred to as a “Si plan”), and a comprehensive plan for construction in Gun (hereinafter referred to as a “Gun plan”). <Amended by Act No. 4796, Dec. 22, 1994>

(2) A nationwide plan means a comprehensive construction plan formulated by the State for the entire national territory or a large area extending to not less than two Dos (including the Special Metropolitan City and Metropolitan Cites). <Amended by Act No. 5454, Dec. 13, 1997>

(3) A specific district plan means a comprehensive construction plan formulated by the State for any specific district.

(4) A Do plan means a comprehensive construction plan formulated by a Do authority for the entire area under its jurisdiction or an area extending to two or more Kuns (or Shis).

(5) The Si/Gun plan means a comprehensive construction plan formulated by a Do authority for any district of Si/Gun unit, as circumstances require. <Amended by Act No. 4796, Dec. 22, 1994>

Article 4(Relations among Respective Plans for Construction in National Territory) #

A nationwide plan shall constitute the basis for a specific district plan and a Do plan, while a Do plan shall provide a foundation for a Si/Gun plan. <Amended by Act No. 4796, Dec. 22, 1994>

Article 5(Relations with Plans Based on Other Act and Subordinate Statutes) #

A plan for construction in the national territory based on this Act shall have priority over other construction plans under other Acts and subordinate statutes, and constitute a foundation of the latter: Provided, That this provision shall not apply to military-related construction plans.

Article 6(Designation of Specific District) #

(1) If the Minister of Construction and Transportation deems it necessary, after consultation with the head of the pertinent central administrative agency and the competent local government, to perform a specific construction work or arrangement work in any area where resources are not satisfactorily utilized or exploited, where it is particularly necessary to foster industries or to prevent disasters, or where such work is needed for attaining any particular economic and social purpose of the State, he may recommend the President to designate the district as a specific district. <Amended by Act No. 1612, Dec. 16, 1963; Act No. 5454, Dec. 13, 1997>

(2) When the President has received a recommendation from the Minister of Construction and Transportation as provided for in paragraph (1), the President may designate the district concerned as a specific district, via deliberation of the Council for Comprehensive Plans for Construction in the National Territory. <Amended by Act No. 1612, Dec. 16, 1963; Act No. 5454, Dec. 13, 1997>

(3) When a specific district has been designated under paragraph (2), the following matters shall be announced publicly:

1. Scope of the specific district;

2. Purpose for the said construction or arrangement work;

3. Outline of the project; and

4. Duration of the designation.

(4) In case of changing the boundary of a special district, the provisions of paragraphs (1) through (3) shall also apply mutatis mutandis.

Article 7(Establishment) #

In order to deliberate matters concerning a plan for construction in the national territory and a national territory investigation, the Council for Comprehensive Plans for Construction in the National Territory (hereinafter referred to as the “Council”) shall be established under the jurisdiction of the President. <Amended by Act No. 1612, Dec. 16, 1963>

Article 8(Functions) #

(1) The Council shall deliberate on matters concerning the followings:

1. Objectives and guidelines necessary for establishment of a plan for construction in the national territory, and criteria therefor;

2. Comprehensive adjustment of a plan for construction in the national territory;

3. Draft of a nationwide plan;

4. Designation of a specific district where a specific district plan is to be carried out;

5. Draft of a specified district plan;

6. Approval for a Do plan; and

7. Results of land survey.

(2) The Council shall re-deliberate on the matters resolved by the Council, if the head of a competent administrative agency in charge of the transaction of such matters, raises an objection.

(3) If deemed necessary for deliberation of a construction in the national territory plan, the Council may require the administrative agency and local governments concerned to state their opinions or to submit necessary data.

Article 9(Organization) #

(1) The Council shall be composed of one chairman, two vice-chairmen and members not exceeding thirty in number: Provided, That when a large district plan envisaged in a nationwide plan, a specific district plan and a Do plan are to be examined, the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do governors shall be members of the Council, notwithstanding the above fixed number of members. <Amended by Act No. 5454, Dec. 13, 1997>

(2) The Prime Minister shall be the chairman, and the Minister of the Finance and Economy and the Minister of Construction and Transportation shall be vice-chairmen. <Amended by Act No. 1612, Dec. 16, 1963; Act No. 5454, Dec. 13, 1997; Act No. 5982, May 24, 1999>

(3) The Council members shall be appointed or commissioned by the President under the following subparagraphs: <Amended by Act No. 1612, Dec. 16, 1963; Act No. 3213, Dec. 28, 1979; Act No. 4183, Dec. 30, 1989; Act No. 4541, Mar. 6, 1993; Act No. 5454, Dec. 13, 1997; Act No. 5982, May 24, 1999>

1. Nineteen or less persons of extensive knowledge and experience concerning plans for construction in the national territory;

2. Eight or less heads of the central administrative agencies including the Minister of National Defense, Minister of Government Administration and Home Affairs, Minister of Agriculture and Forestry, Minister of Commerce, Industry and Energy, Minister of Health and Welfare, Minister of Environment, and Minister of Planning and Budget, and the Assistance Minister of the Office of Government Policy Coordination; and

3. Three or less persons of academic background and high reputation who are engaged in industrial and economic fields.

(4) The term of office of the members shall be four years: Provided, That the term of one half of initially commissioned members shall be two years.

(5) A member who fills a vacancy, shall be in office for the remaining term of his predecessor.

Article 10(Duties of Chairman, etc.) #

(1) The chairman shall exercise overall control over affairs of the Council, and preside over meetings of the Council.

(2) The vice-chairmen shall assist the chairman, and if the chairman is unable to perform his duties by accidents, they shall act for him.

(3) If the chairman and the vice-chairmen are unable to perform their duties by accidents, such a member as may be designated by the chairman shall act for him.

(4) A minister of the executive branch who is a member of the Council, may have the vice-minister of his ministry to act for him.

Article 11(Subcommittees and Professional Experts) #

(1) Subcommittees may be established under the Council, if circumstances require.

(2) The chairman may commission professional experts from among persons of academic knowledge and experience so as to examine and study technical matters pertaining to plans for construction in the national territory.

(3) A professional expert may attend meetings of the Council or subcommittees and state his opinion.

Article 12(Administrative Affairs) #

The affairs of the Council shall be transacted under responsibility of the Ministry of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>

Article 13(Deliberative Council of Comprehensive Plan for Construction in Do) #

(1) A council of the comprehensive plan for construction in Do (hereinafter referred to as a “Do council”) shall be established in each Do to deliberate Do and Gun plans and matters concerning the performance thereof.

(2) Matters necessary for the organization and functions of Do councils and other necessary matters concerning its operation shall be determined by Do Municipal Ordinance under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 14(Delegation Provisions) #

Matters necessary for convocation and proceedings and operation of the Council and matters concerning allowances and travel expenses of members and professional experts of the Council shall be determined by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 15(Nationwide Plan) #

(1) With respect to projects which are decided on the basis of a nationwide plan under the conditions as prescribed by the Presidential Decree, the head of a central administrative agency shall draw up a written request for a nationwide plan on such projects, and submit it to the Minister of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>

(2) The Minister of Construction and Transportation shall, upon receiving a written request for a nationwide plan under paragraph (1), adjust and control the request and draw up a nationwide plan through deliberations of the Council under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(3) The outline of a nationwide plan which has been formulated under paragraph (2), shall be publicly notified after deliberation of the State Deliberative Council. <Amended by Act No. 1612, Dec. 16, 1963>

(4) The provisions of paragraphs (1) through (3) shall apply mutatis mutandis in case of modifying an already decided nationwide plan.

(5) The Special Metropolitan City Mayor, Metropolitan City Mayors, or Do governors may give their opinions on a nationwide plan related to districts under their jurisdiction to the Minister of Construction and Transportation via the Minister of Government Administration and Home Affairs. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5982, May 24, 1999>

Article 16(Specific District Plan) #

(1) When a specific district has been designated under Article 6, the Minister of Construction and Transportation shall, after consulting with the head of the competent central administrative agency, draw up a specific district plan through deliberation of the Deliberative Council under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(2) In a case as referred to in paragraph (1), the Minister of Construction and Transportation shall hear opinions of the local government concerned. <Amended by Act No. 5454, Dec. 13, 1997>

(3) The provisions of Article 15 (3) through (5) shall apply mutatis mutandis to specific district plans.

Article 17(Do Plan) #

(1) Each Do shall formulate a Do construction plan for the national territory throughout the districts under its jurisdiction.

(2) When a Do has prepared a Do plan, the Do governor shall obtain approval of the Prime Minister via the Minister of Government Affairs and Home Affairs and the Minister of Construction and Transportation. <Amended by Act No. 1612, Dec. 16, 1963; Act No. 5454, Dec. 13, 1997; Act No. 5982, May 24, 1999>

(3) When the Prime Minister intends to approve a Do plan under paragraph (2), he shall refer, in advance, it to the Council for deliberation. <Amended by Act No. 1612, Dec. 16, 1963>

(4) When a Do governor has obtained approval as referred to in paragraph (1), he shall notify it publicly without delay.

(5) The provisions of paragraphs (2) through (4) shall apply mutatis mutandis in a case of modifying Do plans.

Article 18(Si/Gun Plan) #

(1) A Si (limited to the urban and rural complex type Si; hereinafter, in paragraph (2) the same shall apply)/Gun shall draw up a Si/Gun plan for construction in the national territory throughout the districts under their respective jurisdictions. <Amended by Act No. 4796, Dec. 22, 1994>

(2) When a Si/Gun draws up a Si/Gun plan, it shall obtain approval from the competent Do governor. <Amended by Act No. 4796, Dec. 22, 1994>

(3) When a Do governor intends to approve said plan under paragraph (2), he shall refer, in advance, them to the Do council for deliberation.

(4) Upon obtaining approval as provided for in paragraph (1), the head of the Si/Gun concerned shall announce it publicly without delay. <Amended by Act No. 4796, Dec. 22, 1994>

(5) The provisions of paragraphs (2) through (4) shall apply mutatis mutandis to a case of modifying the contents of Si/Gun plans. <Amended by Act No. 4796, Dec. 22, 1994>

Article 19(Submission and Adjustment of Annual Execution Programs for Plans for Construction in National Territory) #

(1) Heads of central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, and Do governors shall, in accordance with procedures as provided for by the Presidential Decree, formulate execution plan for following year’s projects to be carried out for annual execution of plans for construction in the national territory and submit them to the Minister of Construction and Transportation: Provided, That the Special Metropolitan City Mayor, Metropolitan City Mayors and Do governors shall submit them via the Minister of Government Administration and Home Affairs. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5982, May 24, 1999>

(2) The Minister of Construction and Transportation may make a necessary adjustment with regard to the plans for projects execution submitted under paragraph (1). <Amended by Act No. 5454, Dec. 13, 1997>

Article 20(Adjustment of Dispositions, etc. concerning Plans for Construction in National Territory) #

(1) When dispositions or projects concerning execution of plans for construction in the national territory which are undertaken by heads of central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do governors, are deemed liable to obstruct smooth execution of plans for construction in the national territory, the Minister of Construction and Transportation may adjust such dispositions or projects through deliberations of the Council after obtaining approval from the President. <Amended by Act No. 1612, Dec. 16, 1963; Act No. 5454, Dec. 13, 1997>

(2) In a case as referred to in paragraph (1), the Minister of Construction and Transportation shall hear, in advance, opinions of the heads of the central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do governors concerned. <Amended by Act No. 5454, Dec. 13, 1997>

Article 21(National Territory Survey) #

The government or local governments shall conduct national territory surveys required for utilization, development and preservation of the national territory.

Article 22(Types of National Territory Survey) #

(1) National territory surveys shall be classified into three types; a fundamental survey, a lands classification survey, and a resources survey.

(2) The term “fundamental survey” means activities for preparing maps or ledgers that reflect the results both of measurements of lands and waters which serves as a basis for a lands classification survey and a resources survey, and of surveys which contribute to setting the basic criteria for a lands classification survey and a resources survey.

(3) The term “lands classification survey” means, activities which are performed with respect to the survey for classifying lands according to their objectives of utilization, as well as the preparation of maps or ledgers that reflect the results of said survey of the actual utilization situations, quality and scale, physical and chemical properties, other major natural factors, and productivity, of lands.

(4) The term “resources survey” means, activities which are performed with respect to the survey for classifying and measuring natural resources according to their objectives of utilization, as well and the preparation of maps or ledgers that reflect the results of said survey of the quality, quantity and distribution of natural resources.

Article 23(Adjustment of National Territory Surveys) #

The Minister of Construction and Transportation may adjust national territory surveys, if deemed necessary for the formulation and execution of plans for construction in the national territory. <Amended by Act No. 5454, Dec. 13, 1997>

Article 24(Burden of Expenses) #

Expenses for conducting national territory surveys shall be borne by persons who conduct such surveys: Provided, That in case where a local government conducts any of the above stated surveys, a part of the expenses therefor may be subsidized by the National Treasury.

Article 25(Application Mutatis Mutandis of Land Survey Act) #

The provisions of the Land Survey Act shall apply mutatis mutandis to the presentation of necessary data, public notice of surveys, entry into and temporary use of lands and so forth, removal of obstacles, and installation and protection of marks, in the course of performing a land survey, compensation for losses incurred by any land survey, status of surveyors, and penal provisions.

Article 26(Results of National Territory Survey) #

The results of national territory surveys shall be authorized and certified by the Minister of Construction and Transportation through deliberation by the Council. <Amended by Act No. 5454, Dec. 13, 1997>

Article 27(Special Survey, Request and Advice) #

(1) When it is deemed necessary, the Minister of Construction and Transportation may, after hearing opinions of the head of the central administrative agency concerned, conduct a national territory survey in an area by designated by him or shall have the administrative agency or local government concerned conduct it. <Amended by Act No. 5454, Dec. 13, 1997>

(2) The Minister of Construction and Transportation may make such a request or advice as he deems necessary for a national territory survey, to the administrative agency or the local government concerned. <Amended by Act No. 5454, Dec. 13, 1997>

Article 28(Enforcement Decree) #

Matters necessary for the enforcement of this Act shall be determined by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>