Article 1(Purpose) #
The purpose of this Act is to promote the economy of abandoned mine areas that is depressed following the decline of the coal industry and to help balanced regional development and to improve the living standard of the residents in such abandoned mine areas.
[This Article Wholly Amended on Feb. 4, 2010]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Mar. 14, 2017>
1. The term "abandoned mine area" means an area in which coal mines were or are located and its neighboring area, and the regional economy of which is severely depressed due to the mine closure or to reduced coal production;
2. The term "promoter" means a promoter under Article 19 of the Regional Development Assistance Act;
3. The term "approval of implementation plan" means the approval of implementation plan under Article 23 of the Regional Development Assistance Act;
4. The term "substitute industry" means an industry that substitutes the coal industry and that can increase the incomes of the residents in abandoned mine areas or revitalize the regional economy;
5. Deleted. <Mar. 14, 2017>
[This Article Wholly Amended on Feb. 4, 2010]
Article 3(Designation of abandoned mine area promotion district) #
(1) If necessary to promote the economy of an abandoned mine area that is difficult to induce other industries among abandoned mine areas, the Minister of Trade, Industry and Resources may designate an abandoned mine area promotion district (hereinafter referred to as "promotion district") upon request from the Do Governor. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) A promotion district shall be designated from among regional development project zones under Article 11 of the Regional Development Assistance Act, which requires special development and meets the criteria prescribed by Presidential Decree. <Amended on Mar. 14, 2017>
(3) If the Minister of Trade, Industry and Resources intends to designate a promotion district, the State Council shall deliberate on the matter in advance. The same shall apply in modifying the designated promotion district over the size prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(4) After the designation of a promotion district, the Minister of Trade, Industry and Resources shall publicly notify the contents as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Oct. 1, 2025>
[This Article Wholly Amended on Feb. 4, 2010]
Article 4(Development plan) #
(1) Where a promotion district is designated and publicly notified as provided for in Article 3, a Do Governor shall include the matters concerning the development of the promotion district in the plan for regional development project as provided for in Article 11(6) of the Regional Development Assistance Act (hereinafter referred to as "development plan"). <Amended on Mar. 14, 2017>
(2) If deemed necessary for the economic promotion of abandoned mine areas, a Do Governor may consult with the Minister of Trade, Industry and Resources to establish mid-term and long-term comprehensive development plans by abandoned mine area including the following: <Amended on Mar. 23, 2013; Oct. 1, 2025>
1. Matters concerning the development of promotion districts under paragraph (1);
2. Matters concerning the development of abandoned mine areas for which some profits under Article 11(5) is used.
[This Article Wholly Amended on Feb. 4, 2010]
Article 5(Formulation of environmental preservation plan for abandoned mine areas) #
(1) A Do Governor shall formulate a plan to preserve the environment in a promotion district and to address environmental pollution caused by mine abandonment (hereinafter referred to as "environmental preservation plan for an abandoned mine area") and incorporate it in the development plan. <Amended on Mar. 14, 2017>
(2) If the Do Governor intends to formulate an environmental preservation plan for abandoned mine areas, he or she shall hear opinions from the heads of the administrative agencies concerned in advance and have the matters deliberated by the Do Environmental Policy Committee as provided for in Article 58 of the Framework Act on Environmental Policy. The same shall apply in changing important matters prescribed by Presidential Decree in the environmental preservation plan for abandoned mine area. <Amended on Jul. 21, 2011; Mar. 14, 2017>
(3) Upon formulation of an environmental preservation plan for abandoned mine areas, the Do Governor shall publicly notify thereof, as prescribed by Presidential Decree. <Amended on Mar. 14, 2017>
[This Article Wholly Amended on Feb. 4, 2010]
Article 6(Environmental investigation on abandoned mine area) #
If a Do Governor intends to formulate an environmental preservation plan for abandoned mine areas, he or she shall conduct an environmental investigation of a promotion district and its neighboring area on the following matters, and notify the investigation findings to the heads of the related central administration agencies: <Amended on Mar. 14, 2017>
1. Matters concerning natural environment, such as forests, habitats, ecosystems, and water resources;
2. Matters concerning environmental pollution due to mine abandonment;
3. Matters concerning social environment, such as population, industry, waterworks, and sewage;
4. Other matters prescribed by Presidential Decree, concerning environmental preservation.
[This Article Wholly Amended on Feb. 4, 2010]
Article 7(Special cases on designation of promoter) #
When a Do Governor designates a promoter under Article 19 of the Regional Development Assistance Act, for a development project to implement a development plan (hereinafter referred to as "development project") within the promotion district, he or she may preferentially designate residents or a coal mining agent of the relevant abandoned mine area. <Amended on Mar. 14, 2017>
[This Article Wholly Amended on Feb. 4, 2010]
Article 8(Special cases on development of first grade zone on ecology and nature map) #
Where it is necessary to accelerate the development of a promotion district, a Do Governor may include an area corresponding to the first grade zone on the ecological and natural map under Article 34 of the Natural Environment Conservation Act, in a development plan for the promotion district, in consultation with the Minister of Climate, Energy and Environment; provided, this shall not apply to an area prescribed by Presidential Decree. <Amended on Mar. 14, 2017; Oct. 1, 2025>
[This Article Wholly Amended on Feb. 4, 2010]
Article 9(Special cases on environmental impact assessment) #
(1) A promoter of the development project subject to environmental impact assessment under Article 22 of the Environmental Impact Assessment Act shall consult with a Do Governor on the assessment documents prepared in accordance with Article 27 of the said Act; provided, the Do Governor shall hear opinions from the Minister of Climate, Energy and Environment in consultation and reflect such opinions to his or her utmost in the written environmental impact assessment, and take measures necessary to verify whether the details of the consultation are implemented and to manage implementation under Articles 39 and 40 of the Environmental Impact Assessment Act jointly with the Minister of Climate, Energy and Environment. <Amended on Jul. 21, 2011; Mar. 14, 2017; Oct. 1, 2025>
(2) In applying Articles 27 through 40, 51 and 52 of the Environmental Impact Assessment Act to a development project for which a consultation shall be made with the Do Governor under paragraph (1), the Minister of Climate, Energy and Environment shall be construed as the Do Governor. <Amended on Jul. 21, 2011; Mar. 14, 2017; Oct. 1, 2025>
(3) The Do Governor shall establish the Environment Impact Assessment Committee for Abandoned Mine Area under his or her jurisdiction in order to deliberate on the matters for consultation under paragraph (1). <Amended on Mar. 14, 2017>
(4) Where the Do Governor conducts consultation on impact assessment under paragraph (1), it shall collect opinions of the Korea Environment Institute and experts under Article 28 of the Environmental Impact Assessment Act, and undergo deliberation by the Environmental Impact Assessment Committee for Abandoned Mine Areas. <Amended on Jul. 21, 2011; Mar. 14, 2017; Aug. 17, 2021>
(5) Matters necessary for constitution, operation, etc. of the Environmental Impact Assessment Committee for Abandoned Mine Areas under paragraph (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Feb. 4, 2010]
Article 10(Special cases on application of the Mountainous Districts Management Act) #
(1) With respect to a development project directly or jointly implemented by local residents within a promotion district or to a development project prescribed by Presidential Decree, the Administrator of the Korea Forest Service is authorized to legislate special cases for restriction on acts under Article 12 of the Mountainous Districts Management Act and the permission standards for the diversion of the use of mountainous districts under Article 18(1) and (4) of the Mountainous Districts Management Act, as prescribed by Presidential Decree.
(2) The Administrator of the Korea Forest Service is authorized to lend a national forest (including state forests for conservation under Article 16(1)1 and (2) of the State Forest Administration and Management Act), permit to use, or sell and exchange it to the promoter, who obtained permission for the diversion of the use of reserved mountainous districts under paragraph (1), within the scope necessary for promoting the development project, notwithstanding Articles 20 and 21 of the State Forest Administration and Management Act, and a person who obtained the lease or the permit for use of a state forest may install the permanent facilities on the relevant national forest under the conditions that he or she donates or demolishes facilities in the relevant state forest, or restores such facilities to their original state, notwithstanding Article 22 of the same Act. <Amended on Dec. 2, 2016>
(3) With respect to a development project directly or jointly implemented by local residents within the promotion district or to the development project prescribed by Presidential Decree, the Administrator of the Korea Forest Service may separately set forth standards for cancellation of designation of a forest preserve area prescribed by Presidential Decree, notwithstanding Article 11(1)1 of the Forest Protection Act.
[This Article Wholly Amended on Feb. 4, 2010]
Article 11(Special cases on application of the Tourism Promotion Act) #
(1) Notwithstanding the requirements for permission under Article 21 of the Tourism Promotion Act, the Minister of Culture, Sports and Tourism may permit casino business under Article 5(1) of the said Act, at one location prescribed by Presidential Decree among abandoned mine areas, the economy of which is severely depressed. In such cases, the combination of casino business with facilities for accommodation, sports, entertainment or leisure, etc. (including a plan to implement the development of such facilities) shall be taken into consideration in granting the permission.
(2) In order to ensure public interest and efficiency, a person to be eligible for permission for casino business under paragraph (1) shall meet the requirements prescribed by Presidential Decree.
(3) Article 28(1)4 of the Tourism Promotion Act shall not apply to a casino operator who obtained permission as provided for in paragraph (1); provided, the Minister of Culture, Sports and Tourism may restrict the operation of casino business on admission, etc. as prescribed by Presidential Decree, when it is necessary to prevent excessively speculative behaviors, etc.
(4) The permission period of casino business under paragraph (1) shall be prescribed by Presidential Decree within the scope of three years.
(5) The amount prescribed by Presidential Decree within the scope of 13/100 among gross sales generated from a casino business permitted under paragraph (1) shall be spent on tourism promotion and regional development related to the abandoned mine areas. <Amended on Jan. 26, 2012; Mar. 9, 2021>
(6) Matters concerning the methods and procedures to use the amount under paragraph (5) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Feb. 4, 2010]
Article 11-2(Special cases on lease of state-owned or public-owned properties) #
(1) Where the State or a local government grants permission for lease or use and profit-making of the lands, factories and other State-owned or public-owned properties (hereinafter referred to as "State-owned or public-owned properties") within a promotion district to promoters, it may determine the period of lease or use and profit-making within the period of 20 years, notwithstanding Articles 35 and 46 of the State Properties Act and Articles 21 and 31 of the Public Property and Commodity Management Act.
(2) The lease or use and profit-making period under paragraph (1) may be renewed. In such cases, the renewal period shall not exceed the period under paragraph (1).
(3) Where granting permission for the lease or use and profit-making under paragraph (1), usage fees may be reduced or exempted, notwithstanding Article 32 of the State Property Act, Article 22 of the Public Property and Commodity Management Act, and Article 38 of the Industrial Sites and Development Act.
(4) Where the State or a local government grants permission for occupation and use of railroad facilities owned in a promotion district to a promoter pursuant to Article 42 of the Railroad Service Act or Article 23-2 of the Act on Railroad Construction and Railroad Facilities Management, it may reduce or exempt the relevant fees for occupation and use as prescribed by Presidential Decree, notwithstanding Article 44 of the Railroad Service Act. <Added on Feb. 4, 2020>
[This Article Wholly Amended on Feb. 4, 2010]
Article 11-3(Special cases on concession of public-owned properties) #
(1) Where public-owned properties meet any of the following conditions, a local government may concede them to the State by a resolution of the relevant local council, notwithstanding Articles 19 and 40 of the Public Property and Commodity Management Act:
1. The relevant public-owned properties should be located in a promotion district;
2. The relevant public-owned properties should be equipment or facility of schools under Article 2 of the Higher Education Act;
3. Purchase, new construction, reconstruction, or remodelling is conducted by assistance of all or part of the funds as provided for in Article 15(3).
(2) Where the public-owned properties are conceded as provided for in paragraph (1) and such conceded public-owned properties cannot be used according to the purpose of the concession due to closure of schools within 10 years from the date of concession, the special registration to the effect that the concession will be canceled shall be made.
[This Article Wholly Amended on Feb. 4, 2010]
Article 11-4(Preferential supply of rental housing) #
Persons who are or were coal mine workers or their bereaved family members prescribed by Presidential Decree who have resided in abandoned mine areas for not less than three years may be preferentially provided with constructed rental housing rented for 30 years under the Special Act on Public Housing, as prescribed by Presidential Decree. <Amended on Aug. 28, 2015>
[This Article Added on Feb. 4, 2010]
Article 11-5(Commemorative programs) #
(1) The State and local governments may conduct the following programs to commemorate persons who died while performing coal mining work and to pay tribute to their sacrifices:
1. Holding a memorial service;
2. Erecting a memorial tower and creating a memorial place;
3. Collecting, researching, managing, and exhibiting data related to persons who died while performing coal mining work;
4. Other related commemorative programs.
(2) Where a non-profit corporation or organization conducts commemorative programs under paragraph (1), the State and local governments may fully or partially subsidize such commemorative programs within the budget.
[This Article Added on Dec. 27, 2022]
Article 12(Legal fiction of authorization and permission) #
(1) If a promoter obtains approval for an implementation plan concerning a development plan in a promotion district, the promoter shall be regarded as having obtained the following permission, report, rent, etc., as well as decision, permission, approval, examination, authorization, report, license, registration, consultation, designation, revocation, disposition, etc. as specified in the Appendix of the Regional Development Assistance Act (hereinafter referred to as "authorization, permission, etc."). In such cases, when the implementation plan referred to in Article 23(3) of the Regional Development Assistance Act has been publicly notified, the authorization, permission, etc. pursuant to the related Acts shall be deemed publicly notified or announced: <Amended on Jan. 26, 2012; Mar. 14, 2017>
1. Deleted; <Mar. 14, 2017>
2. Permission to create grass under Article 5 of the Grassland Act, and lease of State-owned or public-owned lands under Article 17 of the said Act;
3. Reporting the installation of drainage facilities under Article 27 of the Sewerage Act;
4. Deleted; <Mar. 14, 2017>
5. Deleted; <Mar. 14, 2017>
6. Deleted; <Mar. 14, 2017>
7. Deleted; <Mar. 14, 2017>
8. Permission of any act in the park area as prescribed by Article 23 of the Natural Parks Act.
(2) If a person who has the authority to approve an implementation plan intends to approve an implementation plan that includes such matters as mentioned in each subparagraph of paragraph (1), he or she shall in advance consult with the head of the related administrative agency. In such cases, if the contents of discussion are necessary for consultation with various committees in accordance with the relevant Acts, the head of the related administrative agency shall consult in compliance with the result thereof after deliberation of the pertinent committee. <Amended on Jan. 26, 2012>
(3) If the head of the related administrative agency is requested for consultation under paragraph (2), he or she shall notify his or her opinion within 20 days from the date of receiving consultation so long as project details of the implementation plan comply with the relevant statutes and present no particular cause to profoundly impede public interest. In such cases, if not being notified of the opinion within the period, the consultation shall be regarded as having been made. <Amended on Jan. 26, 2012>
Article 13(Support for local residents) #
(1) If local residents are forced to be uprooted from their settlements of living due to the implementation of a development project (hereinafter referred to as "unsettled residents") as prescribed by the Act on Acquisition of and Compensation for Land for Public Works Projects, the promoter is obligated to make and implement unsettlement countermeasures.
(2) A promoter and an enterprise that moves into a promotion district shall preferentially employ unsettled residents, local residents, or coal mine workers unless other specific grounds exist.
(3) A promoter and an enterprise that moves into a promotion district shall preferentially purchase manufactured, agricultural, fishery, and livestock farming goods produced in the promotion district concerned or in its neighboring regions.
[This Article Wholly Amended on Feb. 4, 2010]
Article 14(Support for private capital inducement project) #
(1) Deleted. <Mar. 14, 2017>
(2) Deleted. <Mar. 14, 2017>
(3) The State, local governments, government-invested institutions under the Act on the Management of Public Institutions, or local public corporations under the Local Public Enterprises Act that invested in a juristic person as provided for in Article 19(1)6 of the Regional Development Assistance Act (hereafter referred to as "public sector investors" in this paragraph) may require all or part of the dividends that are supposed to be paid to public sector investors to be paid to minor stockholders other than the public sector investors themselves, if it is deemed necessary to do so in order to protect minor stockholders in allocating profits of the relevant juristic person, notwithstanding Article 464 of the Commercial Act. <Amended on Mar. 14, 2017>
[This Article Wholly Amended on Feb. 4, 2010]
[Title Amended on Mar. 14, 2017]
Article 15(Financial support) #
(1) Deleted. <Mar. 14, 2017>
(2) Deleted. <Mar. 14, 2017>
(3) The Minister of Trade, Industry and Resources may fully or partially assist the funds incurred in conducting a project for economic promotion of abandoned mine areas. <Amended on Mar. 23, 2013; Oct. 1, 2025>
[This Article Wholly Amended on Feb. 4, 2010]
Article 16(Support for agri-industrial complex in abandoned mine area) #
(1) The Minister of Trade, Industry and Resources may support, as provided for in this Act, enterprises that moved into the agri-industrial complex designated as being necessary for support (hereinafter referred to as "agri-industrial complex subject to support") from among agri-industrial complexes in the abandoned mine area. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) Upon designating an agri-industrial complex subject to support, the Minister of Trade, Industry and Resources shall give public notice of such designation. <Amended on Mar. 23, 2013; Oct. 1, 2025>
[This Article Wholly Amended on Feb. 4, 2010]
Article 17(Support for substitute industry) #
(1) The Minister of Trade, Industry and Resources shall formulate a plan for support to the promotion of a substitute industry in a promotion district and for the support to an agri-industrial complex subject to support as prescribed by Presidential Decree, and thereupon publicly notify thereof, and may fully or partially provide the funds required for the fosterage of relevant substitute industry. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) If an enterprise in a promotion district or agri-industrial complex subject to support employs workers leaving coal mines or local residents, the State or local governments may preferentially support such an enterprise as prescribed by Presidential Decree.
(3) For an enterprise moving its head office, principal office, business place or factory located in the place that is not a promotion district or agri-industrial complex subject to support, to the promotion district or agri-industrial complex subject to support, the State or a local government may render support for moving facilities as prescribed by Presidential Decree.
[This Article Wholly Amended on Feb. 4, 2010]
Article 18(Fundraising for promotion of substitute industry) #
The Minister of Trade, Industry and Resources may appropriate financial resources needed to support a substitute industry provided for in Article 17 in the expenditure budget of the special accounts for energy and resources projects. <Amended on Mar. 23, 2013, Jan. 1, 2014; Oct. 1, 2025>
[This Article Wholly Amended on Feb. 4, 2010]
Article 19(Support of increase in national treasury subsidy) #
A national subsidy on projects determined by Presidential Decree among development projects, may be increased for support in accordance with the subsidy rate prescribed by Presidential Decree, notwithstanding the differentiated subsidy rates under Article 10 of the Subsidy Management Act and subsidy rates provided for in other Acts. <Amended on Jul. 25, 2011>
[This Article Wholly Amended on Feb. 4, 2010]
Article 20(Issuance of local development bond) #
(1) If necessary, Do Governors may issue local bonds in order to appropriate funds needed for development projects.
(2) Interest rate, period of reimbursement, method and procedure of issuance, purchaser, terms and conditions of issuance, and other necessary matters concerning administrative affairs involved in the issuance of the local development bonds shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Feb. 4, 2010]
Article 21(Investment in local public corporations) #
(1) The head of a local government may, after obtaining a resolution by the Local Council, invest in local public corporations established as provided for in Article 49 of the Local Public Enterprises Act if it is necessary to promote development projects.
(2) In investing as provided for in paragraph (1), the head of a local government may have a person other than a local government invest more than one half of the capital stock notwithstanding Article 53(2) of the Local Public Enterprises Act and the maximum limitation of the investment shall be determined by ordinance of the relevant local government. The same shall apply to capital increase.
[This Article Wholly Amended on Feb. 4, 2010]
Article 22(Increase in support of subsidy tax) #
If necessary to facilitate the implementation of development projects, the Minister of the Interior and Safety may support the local government that has the jurisdiction over the relevant promotion district, by increasing subsidy taxes as prescribed by the Local Subsidy Act. <Amended on Mar. 23, 2013, Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Feb. 4, 2010]
Article 23(Tax reduction or exemption) #
If necessary to accelerate the development of promotion districts, the State or a local government may provide support in terms of a tax system as prescribed by tax-related statutes.
[This Article Wholly Amended on Feb. 4, 2010]