ACT ON NATIONAL DEFENSE AND MILITARY INSTALLATIONS PROJECTS

Article 1(Purpose) #

The purpose of this Act is to promote the smooth execution of national defense and military installations projects and contribute to the rational utilization of national land and the protection of the property rights of the people.

Article 2(Definitions) #

The definitions of terms used in this Act shall be as follows: <Amended on Jan. 19, 2016; Aug. 27, 2019; Jan. 16, 2024>

1. The term "national defense and military installations" means facilities falling under any of the following items:

(a) Facilities necessary for military operations, combat readiness, education and training, and barrack life, etc.;

(b) Research and test facilities on national defense and military affairs;

(c) Facilities for storage and disposal of military oil and explosives;

(d) Facilities built in positions;

(e) Facilities concerning obstacles or explosives for military purposes;

(f) Facilities necessary for military purposes, such as facilities in a military camp of foreign troops stationed in the Republic of Korea and housing facilities for the residence of such foreign troops' servicemen, civilian workers, and their families in the military;

(g) Other facilities attached to a military camp and necessary for the residence, welfare, physical training or recreation of servicemen.

2. The term "national defense and military installations project" means a project falling under any of the following items:

(a) A project concerning the building, relocation and modification of national defense and military installations;

(b) A project concerning measures for the emigration of emigrants to emigrate due to national defense and military installations or a project under item (a).

3. The term "land, etc." means objects or rights under the following items:

(a) Land;

(b) Rights other than land ownership;

(c) Rights other than the ownership of standing trees, buildings and other objects fixed on land necessary for a national defense and military installations project along with land, and rights thereto other than the ownership;

(d) A mining right and fishing right, or a right to the use of water;

(e) A right to earth, stones, sand or gravel belonging to land.

4. The term "post" means a place at which a military unit or agency of the Armed Forces of the Republic of Korea under the Act on the Organization of National Armed Forces, or a body of foreign troops stationed in the Republic of Korea is stationed in order to perform duties for military purposes (including a candidate place for a military post after obtaining an approval for a national defense and military installations project pursuant to the former part of the main sentence of Article 4 (1) or a national defense and military installations project pursuant to the main sentence of Article 6 (1));

5. The term "site for a military camp" means land that the Minister of National Defense manages under the State Property Act or uses with approval from a general control agency, as a site at which national defense and military installations are built, which is necessary for the utilization, maintenance and management of national defense and military installations.

Article 3(Owners of National Defense and Military Installations Projects) #

A person who may execute a national defense and military installations project shall be a person who falls under any of the following subparagraphs (hereinafter referred to as "project owner"): <Amended by Act No. 13770, Jan. 19, 2016>

1. The heads of agencies belonging to the Ministry of National Defense (including the commanders of units under the direct control of the Ministry of National Defense);

2. The Army Chief of Staff, the Chief of Naval Operations, the Air Force Chief of Staff, or the Commandant of the Marine Corps;

3. Those who execute national defense and military installations projects in accordance with other Acts;

4. Those designated by the Minister of National Defense, as prescribed by Presidential Decree, among those who fall under any of the following items:

(a) Local governments;

(b) Public institutions under the Act on the Management of Public Institutions;

(c) Local public enterprises under the Local Public Enterprises Act;

(d) Those who execute public works under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects;

(e) Other persons deemed necessary for the smooth execution of national defense and military installations projects.

Article 4(Approval of Plans for National Defense and Military Installations Projects) #

(1) Where a project owner intends to execute a national defense and military installations project under each of the following subparagraphs, he/she shall formulate a plan for the national defense and military installations project (hereinafter referred to as "project plan") and obtain approval from the Minister of National Defense. The same shall also apply where he/she intends to modify (excluding where he/she changes any minor matters prescribed by Presidential Decree) or discontinue a project plan:

1. A project that involves more than 50 owners of land, etc.;

2. A project, the area required for the execution of which is not less than 330,000 square meters;

3. Other projects deemed necessary by the Minister of National Defense or a project owner in order to protect the property rights of the people and achieve national defense and military purposes.

(2) A project owner shall include the following matters in a project plan:

1. The outline, size, and scope of the project;

2. The location and area of the planned project area;

3. Where a project owner intends to expropriate or use land, etc. pursuant to Article 5, the location, lot number, land category, area of land, etc. that he/she intends to expropriate or use, details of the ownership and rights other than the ownership of such land, etc., and names and domiciles of the owners and right holders thereof;

4. The project owner;

5. The time and period for execution of the project;

6. Matters concerning the project cost;

7. Matters concerning the utilization of land;

8. A plan to build key infrastructure;

9. Where buildings or important facilities exist in a planned project area, a report on such objects;

10. Where land expropriated or used in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects exits in a planned project area, a report on such land, drawings thereof and a written opinion of the relevant land agent;

11. Other matters prescribed by Presidential Decree, such as a method for execution of the project.

Article 5(Expropriation and Use) #

(1) A project owner who has obtained approval of a project plan containing details of the expropriation or use of land, etc. may expropriate or use land, etc. necessary for a national defense and military installations project in an area for which a public notice of the project plan has been issued under Article 4 (4).

(2) Except as otherwise expressly prescribed by this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply to the expropriation or use of land, etc. under paragraph (1).

(3) When applying the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects pursuant to paragraph (2), approval of a project plan under this Act shall be construed as approval of a project under Article 20 (1) of the same Act, a public notice and notification of a project plan under this Act shall be construed as a public notice and notification under Article 22 (1) and (2) of the same Act, and an application for ruling shall be made within the period of execution specified in a public notice of approval for a project plan under this Act, notwithstanding the provisions of Articles 23 (1) and 28 (1) of the same Act.

Article 6(Approval for Action Plans for National Defense and Military Installations Projects) #

(1) The implementer of a national defense and military installations facilities project, the contents of which include the construction of buildings, the installation of structures, and the change of the form and quality of land, shall prepare an implementation plan for the national defense and military installations project (hereinafter referred to as "implementation plan") and obtain approval from the Minister of National Defense: Provided, That this shall not apply to the following national defense and military installations projects: <Amended on Jan. 16, 2024>

1. The national defense and military installations facility project not requiring authorization, permission, etc. under the subparagraphs of Article 7 (1);

2. The national defense and military installations project falling under any of subparagraphs 2 through 5 of Article 10;

3. Small-scale national defense and military installations projects prescribed by Presidential Decree, which have minor impacts on the lives of residents in consideration of the use, scale, etc. of buildings, among projects for the construction of buildings conducted within military unit garrisons.

(2) Where a project operator intends to modify or abolish an implementation plan approved pursuant to the main clause, with the exception of the subparagraphs of paragraph (1), he or she shall obtain approval from the Minister of National Defense: Provided, That this shall not apply where he or she intends to modify insignificant matters prescribed by Presidential Decree. <Amended on Jan. 16, 2024>

(3) A project owner shall include the following matters in an implementation plan:

1. The outline, size, and scope of the project;

2. The location and area of the planned project area;

3. The project owner;

4. The method for execution of the project;

5. The time and period for execution of the project;

6. Matters concerning the project cost;

7. The proposed ground plan and outlined design drawings and specifications;

8. The detailed plan for execution of the project;

9. The written review on whether details under subparagraphs 7 and 8 are in compliance with related statutes;

Article 7(Authorization, Permission, etc. Deemed Granted) #

(1) When the Minister of National Defense approves an action plan under Article 6 (1) or a modification in the action plan under Article 6 (2), with regard to matters on which the Minister has consulted with the head of the central administrative agency related to the authorization and permission , etc. pursuant to paragraph (2) on any of the following permission, authorization, designation, approval, consultation, report, cancellation, determination, consent, and the formulation of a plan, and a modification therein, etc. (hereinafter referred to as "authorization, permission, etc."), a project owner shall be deemed to have obtained the relevant authorization, permission, etc., and where a public notice of the action plan has been given pursuant to Article 6 (4), a public notice of authorization, permission, etc. under the following Acts shall be deemed to have been given, or such authorization, permission, etc. shall be deemed to have been publicly notified or announced: Provided, That permission to do an act in a park area granted under Article 23 of the Natural Parks Act, which is prescribed in subparagraph 15, shall be limited to national defense and military installations projects defined in subparagraph 1 (a) through (e) of Article 2: <Amended on Jan. 14, 2014; Mar. 29, 2016; Jan. 17, 2017; Jan. 29, 2020; Mar. 31, 2020; Jan. 16, 2024; Jan. 23, 2024>

1. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval and reporting to execute an implementation plan for occupancy and use of public waters under Article 17 of the same Act, a license to reclaim land from public waters under Article 28 of the same Act, and approval to execute an implementation plan for reclamation of land from public waters under Article 38 of the same Act;

2. Permission to engage in development activities under Article 56 of the National Land Planning and Utilization Act;

3. Permission and consultation to convert farmland use under Article 34 of the Farmland Act, and permission or consultation to temporarily use farmland for other purposes under Article 36 of the same Act;

4. Permission and reporting to install emission facilities under Article 23 of the Clean Air Conservation Act;

5. Permission to execute road works by a person other than a road management authority under Article 36 of the Road Act and permission to occupy and use a road under Article 61 of the same Act;

6. Permission to build a private road under Article 4 of the Private Road Act;

Article 8(Special Cases on Building of National Defense and Military Installations) #

(1) Notwithstanding Articles 11 (excluding paragraphs (5) and (6)), 14, 19, 20, 29 (1), and 83 of the Building Act, and Article 30 of the Building Management Act, a project owner who intends to build, construct, erect, substantially repair, alter the purpose of use, or dismantle national defense and military installations (hereinafter referred to as "building, etc.") shall obtain approval from the Minister of National Defense, as prescribed by Presidential Decree. <Amended on Jan. 19, 2016; Jan. 16, 2024>

(2) If the Minister of National Defense approves pursuant to paragraph (1), he/she shall notify the Mayor of the relevant Metropolitan Autonomous City, the Governor of the relevant Special Self-Governing Province, or the head of the relevant Si/Gun/Gu (in cases falling under the proviso to Article 11 (1) of the Building Act, referring to the Mayor of the relevant Special Metropolitan City or the Mayor of the relevant Metropolitan City; hereafter the same shall apply in this Article) of such approval. <Amended by Act No. 13770, Jan. 19, 2016>

(3) Where the Minister of National Defense has notified the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu of matters concerning the building, etc. of national defense and military installations under paragraph (2), it shall be deemed that building permission therefor, building report thereon, permission for or report on change of use thereof, permission for construction of a temporary building, report on establishment of a temporary building, report on establishment of a structure, or permission for or report on dismantlement of a building (hereafter in this Article referred to as “permission or report”) under Articles 11, 14, 19, 20 or 83 of the Building Act or Article 30 of the Act on the Management of Buildings has been granted or made; or consultation under Article 29 (1) of the Building Act has been made. <Amended on Jan. 19, 2016; Jan. 16, 2024>

(4) In terms of national defense or military installations that permission therefor or report or consultation thereon has been made under paragraph (3), the Minister of National Defense shall grant permission, etc. on the relevant provisions, notwithstanding Articles 16, 17, 21 (1), 25, 27, and 79 of the Building Act and Article 30 of the Act on the Management of Buildings. <Amended on January 16, 2024>

(5) The Minister of National Defense shall investigate whether the national defense and military installations approved under paragraph (1) violate this Act, the Building Act, and the Act on the Management of Buildings, and if deemed necessary, order the project owner to take measures necessary for corrective measures and notify the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu the results thereof. <Amended on January 19, 2016; January 16, 2024>

Article 9(Special Cases on Inspection of Completion, etc. of National Defense and Military Installations) #

(1) If a project owner completes a national defense and military installations project, he/she shall apply for inspection of completion to the Minister of National Defense, as prescribed by Presidential Decree.

(2) Where the Minister of National Defense receives an application for inspection of completion pursuant to paragraph (1), he/she shall conduct an inspection of completion, as prescribed by Presidential Decree, and with regard to national defense and military installations that have successfully passed the inspection of completion, shall notify the Mayor of the Metropolitan Autonomous City, the Governor of the Special Self-Governing Province, or the head of the Si/Gun/Gu of the outcomes thereof, as prescribed by Presidential Decree: Provided, That where national defense and military installations that have successfully passed the inspection of completion are buildings falling under the proviso to Article 11 (1) of the Building Act, he/she shall notify the Mayor of the Special Metropolitan City or the Mayor of the Metropolitan City of such fact, and in turn the Mayor of the Special Metropolitan City or the Mayor of the Metropolitan City notified shall notify the head of the Gun/Gu thereof. <Amended by Act No. 13770, Jan. 19, 2016>

(3) If the Minister of National Defense notifies of the outcomes of an inspection of completion pursuant to paragraph (2), the head of the relevant local government shall be deemed obtained approval for use of the relevant national defense and military installations under Article 22 of the Building Act, or notified pursuant to the proviso to Article 29 (3) of the Building Act.

(4) If the Mayor of a Metropolitan Autonomous City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu is notified pursuant to paragraph (2), he/she shall, without delay, state the relevant matter in the building register or the register for management of structures under statutes related to building. <Amended by Act No. 13770, Jan. 19, 2016>

Article 10(Exclusion from Application of Special Cases on Approval for Building and Inspection of Completion) #

Articles 8 and 9 shall not apply to the following building, etc. among national defense and military installations: 1. Installations necessary for the residence, welfare, sports, rest, etc. of soldiers, civilian personnel in the military service, and their families which are executed outside the posts of military units;

2. An installation decided as an urban or Gun planning facility under the urban or Gun management plan as specified in the National Land Planning and Utilization Act;

3. An installation built within an area designated as a district-unit planning zone under the urban or Gun management plan as specified in the National Land Planning and Utilization Act;

4. An installation built within an area designated as a development restriction zone as specified in the Act on Special Measures for Designation and Management of Development Restriction Zones;

5. An installation built pursuant to the Act on Public-Private Partnerships in Infrastructure.

[This Article Wholly Amended by Act No. 13770, Jan. 19, 2016]

Article 11(Access, etc. to Land, etc. of Third Persons) #

(1) If necessary to do the following acts, a project owner may have access to land of third persons, use land of third persons as a material yard or temporary road, and if particularly necessary, he/she may change or remove trees, earth, stones, sand, gravel or other obstacles:

1. Research on the trends of land prices and the conditions of land transaction;

2. Research or survey on, or the execution of a project plan or implementation plan.

(2) The provisions of Article 130 (2) through (9) of the National Land Planning and Utilization Act shall apply mutatis mutandis to cases under paragraph (1). In such cases, "project owner of a planned urban and military facilities project" shall be construed as "project owner" under this Act.

(3) Where a person who has suffered a loss (excluding the State and a local government) by an act under paragraph (1) exists, a project owner shall compensate him/her for such loss and consult with him/her when compensating him/her for such loss.

(4) Where a person who is to compensate for a loss or who has suffered a loss fails to consult on compensation for a loss under paragraph (3) or where a person is unable to consult on compensation for a loss for grounds prescribed by Presidential Decree, he/she may make an application for ruling to the competent land tribunal established pursuant to Article 49 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

(5) The provisions of Articles 83 through 87 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the ruling of the competent land tribunal under paragraph (4).

Article 12(Special Cases on Donation and Transfer) #

(1) A project owner designated pursuant to subparagraph 4 of Article 3 may donate to the State national defense and military installations (including commodities necessary for the use, maintenance, or management of such installations) newly built in order to relocate the existing national defense and military installations. <Amended by Act No. 13770, Jan. 19, 2016>

(2) The State may transfer general property that is disused because the function thereof has been replaced to a person who has donated installations replacing the existing national defense and military installations pursuant to paragraph (1) in accordance with the State Property Act.

(3) With regard to a national defense and military installations project conducted in the manner that a project owner who has donated installations replacing existing national defense and military installations is transferred disused general property pursuant to paragraphs (1) and (2), the Minister of National Defense shall report the plan for the relevant national defense and military installations project and the implementation plan therefor, which are approved pursuant to paragraphs (1) and (2), and the current status of the relevant national defense and military installations project, to the competent standing committee of the National Assembly by not later than May 31 each year. <Newly Inserted by Act No. 14418, Dec. 20, 2016>

Article 13(Transfer of Housing Site for Emigration) #

A housing site prepared by a project concerning measures for the emigration of emigrants under subparagraph 2 (b) of Article 2 may be transferred to emigrants by private contract, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act.

Article 14(Consultation on Determination, etc. of Urban and Military Management Plan on Site for Military Camp) #

Where the head of the relevant central administrative agency, the City/Do Mayor intends to determine an urban and military management plan under Article 30 of the National Land Planning and Utilization Act (including cases applied mutatis mutandis to the Mayor of a large city pursuant to paragraph (7) of the same Article) or to determine to build a planned urban and military facilities under Article 43 of the same Act on a region including a site for a military camp, he/she shall consult in advance with the Minister of National Defense. <Amended by Act No. 13770, Jan. 19, 2016>

Article 14-2(Imposition of Penalty Points and Restriction on Qualification to Participate in Bidding) #

(1) Where a person who has participated in a national defense and military installation project prescribed by Presidential Decree, such as a person who has concluded a contract or a subcontract with respect to a national defense and military installation project (hereinafter referred to as "participant in a defense or military installation project") or his or her agent, employee, or other employee, violates the Protection of Military Secret Protection Act in connection with the national defense and military installation project, the Minister of National Defense may impose demerit points on the participants in a defense or military installation project, taking into account the details and degree of the violation, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where there exist grounds prescribed by Presidential Decree, such as where a participant in a national defense and military facility installation has not neglected due care and supervision in order to protect military secrets, etc.

(2) When the Minister of National Defense or a project owner conducts a tendering procedure for the execution of a national defense and military installation project, if a person who has received demerit points pursuant to paragraph (1) exceeds the standards prescribed by Presidential Decree, the Minister of National Defense or the project owner may restrict the qualification for participation in the tendering procedure for a period not exceeding two years, as prescribed by Presidential Decree.

[This Article Newly Inserted on Jan. 16, 2024]

[Previous Article 14-2 moved to Article 14-3 <Jan. 16, 2024>]

Article 14-3(Fact-Finding Surveys) #

(1) The Minister of National Defense shall conduct a fact-finding survey concerning the current status of the building and use of national defense and military installations every two years and report the outcome thereof to the competent standing committee of the National Assembly.

(2) The fact-finding survey under paragraph (1) shall include the following:

1. Matters concerning national defense and military installations built on private land;

2. Matters concerning national defense and military installations built without consultation with the head of a relevant administrative agency;

3. Matters concerning the current status of idle national defense and military installations;

4. Other matters concerning national defense and military installations, deemed necessary by the Minister of National Defense.

(3) Where it is confirmed based on the outcome of the fact-finding survey under paragraph (1) that the State has failed to secure the source of right, such as ownership or right to use, on the land used and occupied as national defense and military installations, the Minister of National Defense shall publicly announce such fact by means of publishing on the website, etc.

(4) Other matters necessary for the methods of, procedures for, etc. fact-finding surveys and public announcement thereon shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 16350, Apr. 23, 2019]

[Moved from Article 14-2 <Jan. 16, 2024>]

Article 15(Delegation of Authority) #

The Minister of National Defense may delegate part of his/her authority under this Act to the head of an agency belonging to the Ministry of National Defense (including the commander of a military unit under the direct control of the Ministry of National Defense) or the Chief of Staff of each armed forces branch.