Article 1(Purpose) #
The purpose of this Act is to contribute to the national security by stipulating the matters necessary for the protection of important military installations and for the smooth execution of military operations.
Article 2(Definitions) #
For the purpose of this Act, the definitions of the terms shall be as follows:
1. The term "military installations" means bunkers, obstacles, and other facilities that are directly and officially used for military purposes;
2. The term "military installations protection area" means the area that is established by the Minister of National Defense under the provisions of Article 4 of this Act for the protection of military installations and a smooth execution of military operations;
3. The term "Civilian Control Line" means the line that is established in the area south to the Military Demarcation Line by the Minister of National Defense under the provisions of Article 4 in order to control, for the sake of military operations, the entry of civilians into the area adjacent to the Military Demarcation Line that requires a high degree of secured military activities;
4. The term "commander of a jurisdictional unit" means the commander of a unit that is responsible for operations in certain areas and for the protection and management of the military installations protection area that is established within the area; and
5. The term "commander of a managerial unit" means the commander of a unit who stations himself within the area of operational responsibility of the commander of the jurisdictional unit under the provisions of subparagraph 4 and who, in a different channel of command, is responsible for the protection and management of a specified military installations protection area, independent of the commander of the jurisdictional unit concerned.
Article 3(Classification of Military Installations Protection Areas) #
Military installations protection areas (hereinafter referred to as "protection areas") are classified and established as follows:<Amended by Act No. 5270, Jan. 13, 1997>
1. Controlled protection areas: the areas adjacent to the Military Demarcation Line that require a high degree of secured military operations and the areas that require the preservation of the functions of other important military installations; and
2. Restricted protection areas: the areas that are necessary for a smooth execution of military operations and that require the protection of other military installations or the security of local residents.
Article 4(Establishment of Protection Areas, etc.) #
(1) The Minister of National Defense may, on the recommendation of the Chairman of the Joint Chiefs of Staff, establish protection areas or the Civilian Control Line (hereinafter referred to as the "CCL") or alter them. <Amended by Act No. 5270, Jan. 13, 1997>
(2) The Minister of National Defense, in cases where the maintenance of protection areas or the CCL as stipulated under the provisions of paragraph (1) has become unnecessary because of demolition of the military installations, changes in operational environments, and others, shall cancel them without delay.
(3) The CCL as stipulated under the provisions of paragraph (1) shall be established within the protection areas as stipulated under the provisions of paragraph (4) 1, and may be established within the scope of 15 kilometers south of the Military Demarcation Line. <Amended by Act No. 5270, Jan. 13, 1997>
(4) The scope of the protection areas established under the provisions of paragraph (1) is as follows: <Amended by Act No. 5270, Jan. 13, 1997>
1. Areas adjacent to the Military Demarcation Line: Within the scope of 25 kilometers south of the Military Demarcation Line, shall be classified and established as the following items:
(a) Controlled protection areas: the areas north of the CCL: Provided, That the areas necessary for the execution of unification policies, settlements, security tourist facilities areas, etc. that measure up to the standards as determined by the Presidential Decree may be established as restricted protection areas; and
(b) Restricted protection areas: The areas south of the CCL: Provided, That the areas in which there are important military installations may be established as controlled protection areas within the scope of not exceeding 500 meters from the outermost boundary of the military installations concerned, and the areas in which there are no important military installations, or which cause no obstruction to military operations, and which measure up to the standards as determined by the Presidential Decree, may be excluded from restricted protection areas; and
2. Areas other than those prescribed in subparagraph 1: Controlled protection areas or restricted protection areas may be established within the scope of 1 kilometer from the outermost boundary of the military installations. In this case, controlled protection areas shall not exceed 500 meters from the outermost boundary of the military installations concerned.
(5) The establishment of the protection areas and the CCL under the provisions of paragraph (1) shall be done within the minimum possible scope in order to protect the military installations and to achieve military goals.
(6) The Minister of National Defense shall, in cases where he intends to establish, alter or cancel the protection areas or the CCL under the provisions of paragraph (1) or (2), undergo deliberations of the Deliberations Committee on Military Installations Protection Areas in the Ministry of National Defense under the provision of Article 5 (1). <Amended by Act No. 6870, May 15, 2003>
(7) The Minister of National Defense shall, in cases where he has established, altered or canceled the protection areas or the CCL as stipulated under the provisions of paragraph (1) or (2), inform without delay the heads of the administrative agencies concerned.
Article 5(Deliberations Committee on Military Installations Protection Areas) #
(1) To deliberate the matters of the following subparagraphs, the Deliberations Committee on Military Installations Protection Areas in the Ministry of National Defense shall be established under the Minister of National Defense: <Amended by Act No. 6870, May 15, 2003>
1. Matters concerning the establishment, alteration and cancellation of the protection areas and the CCL;
2. Entrustment of the affairs of consultations about protection areas under the jurisdiction of the Minister of National Defense to the head of related administrative agencies;
3. Matters stipulated by other Acts to undergo a deliberation of the Deliberations Committee on Military Installations Protection Areas in the Ministry of National Defense; and
4. Other matters referred by the Chairman of the Deliberations Committee on Military Installations Protection Areas in the Ministry of National Defense, which are important matters relating to the protection of military installations.
(2) The commander of a jurisdictional unit or the commander of a managerial unit (hereinafter referred to as the "commander of the jurisdictional unit, etc.") shall establish a Deliberations Committee on Military Installations Protection Areas in the jurisdictional unit or the managerial unit under his jurisdiction, in order to deliberate the matters of the following subparagraphs relating to the operational responsibility areas or managerial responsibility areas: <Newly Inserted by Act No. 6870, May 15, 2003>
1. Recommendation of the establishment, alteration and cancellation of the protection areas and the CCL;
2. Consultations about the permission and other dispositions made within the protection areas by the head of related administrative agency;
3. Entrustment of the affairs of consultations about protection areas to the head of related administrative agency; and
4. Other matters concerning the civil petitions, etc. relating to the protection of military installations.
(3) Matters necessary for the organization and operation of the Deliberations Committee on Military Installations Protection Areas in the Ministry of National Defense under paragraph (1) and of the Deliberations Committee on Military Installations Protection Areas in the jurisdictional unit or the managerial unit under paragraph (2), shall be prescribed by the Presidential Decree. <Amended by Act No. 6870, May 15, 2003>
Article 6(Signs of Protection Areas, etc.) #
The Minister of National Defense shall, in cases where the protection areas or the CCL are established pursuant to the provisions of Article 4, set up signs informing the fact of establishment of the protection areas or the CCL, the commander of the jurisdictional unit, etc., the matters of restrictions or prohibitions, the purport of punishments for violators, and other necessary matters, under the conditions as prescribed by the Presidential Decree: Provided, That in the case of the CCL, this may be substituted by the announcement of the Minister of National Defense in the Official Gazette. <Amended by Act No. 6870, May 15, 2003>
Article 7(Permission of Entry into Protection Areas or Military Installations) #
Any person who intends to enter the areas or installations falling under any of the following subparagraphs, shall obtain permission of the commander of the jurisdictional unit, etc. or the post commander: Provided, That the areas determined by the Presidential Decree, within the scope of causing no obstruction to military operations, shall not apply: <Amended by Act No. 5270, Jan. 13, 1997>
1. Controlled protection areas; and
2. Fences or unit posts with no-entry markers.
Article 8(Prohibitions within Protection Areas) #
Any action that falls into any of the following subparagraphs shall not be done within the protection areas: <Amended by Act No. 5270, Jan. 13, 1997>
1. Removal or destruction and damage of signs of the protection areas and no-entry markers;
2. Photographing, drawing, recording, measuring and publishing or copying of related documents or books and pictures: Provided, That this shall not apply to such cases as where government agencies or local governments, for the sake of public projects, obtain in advance the approval of the commander of the jurisdictional unit, etc.; and
3. New construction or extension work of housing and other constructs within the controlled protection areas: Provided, That this shall not apply to such cases as where, as matters determined by the Presidential Decree, the commander of the jurisdictional unit, etc. and others acknowledge that they do not hinder military activities.
Article 9(Enforcement of Eviction, etc.) #
The commander of the jurisdictional unit, etc. (including the post commander in the case of subparagraph 2 of Article 7) shall, with respect to those who have entered the areas or installations without permission under the provisions of Article 7, or, in violation of the provisions of Article 8, render actions of subparagraph 2 or 3 of the same Article, or the obstacles as a result of the acts, take other necessary measures to enforce eviction, remove obstacles and protect military installations.
Article 10(Consultation on Permission of Administrative Agencies, etc.) #
(1) The heads of the administrative agencies concerned shall, in cases where they intend to give permission and other dispositions to the matters that fall under any of the following subparagraphs, consult with the Minister of National Defense or the commander of the jurisdictional unit, etc. as prescribed by the Presidential Decree. The same shall also apply to such cases as where government agencies or local governments and other public organizations intend to undertake projects: Provided, That this shall not apply to such cases that, as matters determined by the Presidential Decree, do not hinder the protection and management of the protection areas and operational activities: <Amended by Act No. 5270, Jan. 13, 1997>
1. Construction or alteration of roads, railroads, bridges, canals, tunnels, waterways, etc. and their attached installations;
2. Reclamation and dredging of rivers or seas, and construction or alteration of ports;
3. New construction or extension work of housing and other constructs within the controlled protection areas and restricted protection areas: Provided, That within the controlled protection areas this shall apply only to cases that fall under the proviso of subparagraph 3 of Article 8;
4. Installation and use of communications facilities;
5. Picking of minerals, earth and stones or earth and sands;
6. Forestation or logging of forest stands; and
7. Reclamation of land or alteration of the terrain.
(2) When the commander of the jurisdictional unit, etc. under request for consultations pursuant to the provisions of paragraph (1), intends to deal with them, he shall undergo a deliberation of the Deliberations Committee on Military Installations Protection Areas in the jurisdictional unit or the managerial unit under Article 5 (2). <Newly Inserted by Act No. 6870, May 15, 2003>
Article 11(Consignment of Business of Consultation, etc.) #
(1) The Minister of National Defense or the commander of the jurisdictional unit, etc. may entrust the affairs of consultations under Article 10 to the heads of related administrative agencies by going through a deliberation of the competent Deliberations Committee on Military Installations Protection Areas under Article 5, in the specific protection areas as prescribed by the Presidential Decree. <Amended by Act No. 6870, May 15, 2003>
(2) Matters pertaining to the scope and consignment procedure of the business of consultation under paragraph (1) shall be determined by the Presidential Decree.
Article 12(Designation of No-fly Zone and Air-Defense Coordination Zone, etc.) #
(1) The Minister of National Defense may, when deemed necessary for the sake of military operations, request the Minister of Construction and Transportation to designate a specified area as no-fly zone (hereinafter referred to as "no-fly zone") under the provisions of Article 54 of the Aviation Act, and the Minister of Construction and Transportation shall, when requested, designate the area as no-fly zone.
(2) The Minister of Construction and Transportation shall, in cases where he intends to alter or cancel the no-fly zone designated under the provisions of paragraph (1), consult in advance with the Minister of National Defense.
(3) The Minister of National Defense may, when deemed necessary to ensure air-defense operations, designate and announce the area as the Air-Defense Coordination Zone (hereinafter referred to as the "ADCZ") as prescribed by the Presidential Decree. In this case, the Minister of National Defense may hear in advance the opinions of the heads of the administrative agencies concerned who legislate or decide on the urban planning of the areas concerned.
(4) The heads of the administrative agencies concerned shall, in cases where they intend to give permission, approval, and other dispositions pertaining to the installation of the structures and constructs that stand above the specified height from the ground as prescribed by the Presidential Decree, consult in advance with the Minister of National Defense or the commander of the jurisdictional unit.
[This Article Wholly Amended by Act No. 5270, Jan. 13, 1997]
Article 13(Cooperation on Management of Installations) #
(1) The commander of the jurisdictional unit, etc. may, when deemed necessary to protect the military installations (including facilities outside the protection areas) where there are no permanently stationing troops, request the chiefs of the police stations that have jurisdiction over the locations of the installations to cooperate on the management of the installations. <Amended by Act No. 5270, Jan. 13, 1997>
(2) The chiefs of the police stations who have been requested to cooperate as stipulated under the provisions of paragraph (1) shall cooperate in manners necessary for the protection and management of the installations.
Article 14(Penal Provision) #
(1) Any person who destroys and damages military installations or harms their effectiveness shall be punished by imprisonment for not less than two years.
(2) Attempts to commit a crime stipulated in paragraph (1) shall be punished.
Article 15(Penal Provision) #
Any person who, in violation of the provision of Article 8, has rendered actions of subparagraph 2 of the same Article shall be punished by imprisonment for not more than three years or by a fine not more than ten million won.
Article 16(Penal Provision) #
Any person who, in violation of the provisions of Article 8, has rendered actions of subparagraph 3 of the same Article shall be punished by imprisonment for not more than two years or by a fine not more than five million won.
Article 17(Penal Provision) #
Any person who has entered the areas or installations without permission as stipulated under the provisions of Article 7, or who, in violation of the provisions of Article 8, has rendered actions of subparagraph 1 of the same Article shall be punished by imprisonment for not more than one year or by a fine not more than three million won.
Article 18(Application to Military Facilities of Foreign Troops) #
This Act shall also apply to military installations of foreign troops who, in accordance with the procedures stipulated in the Constitution of the Republic of Korea stationed in the Republic of Korea.