Article 1(Purpose) #
The purpose of this Decree is to provide for matters delegated by the Act on National Defense and Military Installations Projects and matters necessary for the implementation thereof.
Article 2(Designation, etc. of Project Owners) #
(1) Where an entity referred to in any of the subparagraph 4 (a) through (d) (hereinafter referred to as "local government etc.") of Article 3 of the Act on National Defense and Military Installations Projects (hereinafter referred to as the "Act") need to perform any of the following national defense and military installations projects to execute any public works under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as "public works"), he/she may request consultation with the Minister of National Defense on such projects:
1. A project to relocate national defense and military installations located in the area where the public works to be executed;
2. A project to install operation facilities replacing the existing operation facilities (referring to facilities necessary for military operations defined in subparagraph 1 (a) of Article 2 of the Act and facilities built in positions defined in subparagraph 1 (d) of the same Article; hereafter the same shall apply in this subparagraph) located adjacent to the area where the relevant public works are executed, the functions of which are lost due to the execution of the public works.
(2) Where the Minister of National Defense has consulted with a local government, etc. on a national defense and military installations project referred to in any of the subparagraphs of paragraph (1), he/she may designate the local government, etc. as the relevant project owner; and where designated, he/she shall notify the person designated as the project owner thereof.
(3) Where any of the following applies to a person designated as the project owner of a national defense and military installations project under paragraph (2), the Minister of National Defense may revoke such designation:
1. Where the project owner fails to apply for approval under Article 4 (1), 6 (1) or 8 (1) of the Act within one year from the date he/she is designated as the project owner of a national defense and military installations project pursuant to paragraph (2);
2. Where it is deemed impracticable for the project owner to execute the national defense and military installations project due to bankruptcy, insolvency, etc.
(4) Where it is necessary to execute a national defense and military installations project due to the integration or re-deployment of military units or des-repair, etc. of the national defense and military installations (excluding where a person referred to in any of subparagraphs 1 through 3 of Article 3 of the Act executes the national defense and military installations project), the Minister of National Defense may consult on such project with a person referred to in any item of subparagraph 4 of Article 3 of the Act (hereinafter referred to as "person subject to consultation").
(5) When the Minister of National Defense holds a consultation under paragraph (4), he/she shall first examine the following matters, and select a person subject to consultation, and matters necessary for the detailed criteria, procedures, etc. for selection shall be separately prescribed by the Minister of National Defense:
1. Funding ability: Financial standing, credit rating, funding plans, etc. of a person subject to consultation;
2. Project ability and a project plan: Ability to execute the project, feasibility of the project plan, etc.;
3. Record on performance of projects and the appropriateness of technical capabilities;
4. Other matters deemed necessary by the Minister of National Defense to execute the national defense and military installations project.
(6) Paragraphs (2) and (3) shall apply mutatis mutandis, where the Minister of National Defense has consulted with a person subject to consultation on a national defense and military installations project referred to in paragraph (4). In such cases, "local government, etc." shall be construed as "person subject to consultation".
Article 3(Approval, etc. for National Defense and Military Installations Projects) #
(1) Where the owner of a national defense and military installations project under Article 3 of the Act (hereinafter referred to as "project owner") intends to obtain approval of a plan for the national defense and military installations project (hereinafter referred to as "project plan") pursuant to the main body of Article 4 (1) of the Act, he/she shall file an application for approval of project plan in the form prescribed by Ordinance of the Ministry of National Defense, appending a project plan stating the matters referred to in the subparagraphs of Article 4 (2) of the Act.
(2) Where a project owner intends to modify or discontinue his/her project plan under the latter part of Article 4 (1) of the Act, he/she shall file an application with the Minister of National Defense for approval to modify or discontinue his/her project plan in the form prescribed by the Ordinance of the Ministry of National Defense, stating the grounds for and the details of the modification, or grounds for the discontinuation of the project plan.
(3) "Where he/she changes any minor matters prescribed by Presidential Decree" in the latter part of Article 4 (1) of the Act means any of the following:
1. Where the project owner changes the title of a project plan only without changing the details of the project;
2. Where the project owner shortens the duration of project execution by up to one year;
3. Where the project owner changes the project cost by up to ten percent of the total project cost;
4. Where the project owner decreases the project area by up to ten percent of the total project area;
5. Where the project owner changes the address or representative of the project owner;
6. Where the project cost is increased or decreased due to price fluctuations or settlement of accounts;
7. Where the project owner changes the scale, etc. of the site for facilities due to a correction of an error or omission, or based on survey results: Provided, That this shall not apply where the scale of land expropriated or used under Article 5 (1) of the Act is changed.
(4) "Matters prescribed by Presidential Decree, such as a method for execution of the project" in Article 4 (2) 11 of the Act means the following:
1. A topographic map or cadastral map showing the planned project area and the project plan;
Article 4(Approval of Action Plans for National Defense and Military Installations Projects) #
(1) Where a project owner intends to obtain approval of the action plan for a national defense and military installations project under the main clause of Article 6 (1) of the Act, with the exception of its subparagraphs (hereinafter referred to as "action plan"), he or she shall file an application for approval of the action plan, accompanied by the action plan stating the matters referred to in subparagraphs of Article 6 (3) of the Act, with the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. <Amended on Jul. 9, 2024>
(2) "Small-scale national defense and military installations projects prescribed by Presidential Decree" in Article 6 (1) 3 of the Act means national defense and military installations projects consisting of the construction of buildings with a total floor area of not more than 100 square meters. <Newly Inserted on Jul. 9, 2024>
(3) Where a project owner intends to modify or discontinue an action plan under the main sentence of Article 6 (2) of the Act, he or she shall file an application for approval to modify or discontinue the action plan in the form prescribed by the Ordinance of the Ministry of National Defense, stating the grounds for and the details of the modification, or grounds for the discontinuation. <Amended on Jul. 9, 2024>
(4) "Where he or she intends to modify insignificant matters prescribed by Presidential Decree" in the proviso of Article 6 (2) of the Act means any of the following: <Amended on Jul. 9, 2024>
1. Where the project owner changes the title of a project plan only without changing the details of the project;
2. Where the project owner shortens the duration of project execution by up to one year;
3. Where the project owner changes the project cost by up to ten percent of the total project cost;
4. Where the project owner changes the type, scale, location, etc. of equipment or facilities by up to ten percent of the total project cost approved;
5. Where the project owner decreases the project area by up to ten percent of the total project area: Provided, That where the project area approved is increased shall be excluded therefrom;
6. Where the project owner changes the address or representative of the project owner;
7. Where the project cost is increased or decreased due to price fluctuations or settlement of accounts;
Article 5(Approval for Building, etc. of National Defense and Military Installations) #
(1) A project owner who intends to build construct, overhaul, change the use, dismantling (hereinafter referred to as "building, etc.") of national defense and military installations under Article 8 (1) of the Act shall file an application for approval of building, etc., accompanied by the related documents, with the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. <Amended on Jul. 9, 2024>
(2) In granting approval for building, etc. under Article 8 (1) of the Act, the Minister of National Defense may seek advice from certified architects or other relevant experts.
(3) Upon granting approval for building, etc. under Article 8 (1) of the Act, the Minister of National Defense shall issue a written approval to the relevant project owner.
Article 6(Notification of Matters regarding Approval for Building, etc.) #
Where the Minister of National Defense intends to notify the matters regarding approval for building, etc. under Article 8 (2) of the Act, he/she shall forward a copy of the written approval issued under Article 5 (3) to 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 relevant Special Metropolitan City Mayor or the relevant Metropolitan City Mayor): Provided, That matters regarding classified national defense information may be notified after being appropriately redacted. <Amended by Presidential Decree No. 27096, Apr. 19, 2016>
Article 7(Completion Inspections, etc.) #
(1) Upon completing building, etc. of any national defense and military installations, the project owner shall file an application for completion inspection, accompanied by the related documents, with the Minister of National Defense, as prescribed by Ordinance of the Ministry of Defense.
(2) Where a completion inspection applied for under paragraph (1) is passed, the Minister of National Defense shall issue a completion inspection certificate to the relevant project owner.
(3) Upon issuing a completion inspection certificate under paragraph (2), the Minister of National Defense shall notify the results of the completion inspection to 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 relevant Special Metropolitan City Mayor or the relevant Metropolitan City Mayor), accompanied by the following documents: Provided, That the Minister need not to notify of matters regarding classified national defense information in any of the following documents or may notify thereof after appropriately redacting them: <Amended by Presidential Decree No. 27096, Apr. 19, 2016>
1. A copy of the completion inspection certificate;
2. An application to register in the building register;
3. A current-state drawing of the relevant buildings.
Article 8(Access, etc. to Land, etc. of Third Persons) #
"Where a person is unable to consult on compensation for a loss for grounds prescribed by Presidential Decree" in Article 11 (4) of the Act means any of the following cases:
1. Where the land owner or a related person refuses to have consultation without just grounds;
2. Where the identity of the land owner or a related person, his/her address or place of residence, or any other place to which notification can be made is unknown.
Article 8-2(Imposition of Penalty Points and Restriction on Qualification to Participate in Bidding) #
(1) "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" in the main clause of Article 14-2 (1) of the Act (hereinafter referred to as "participant in a defense or military installation project") means the following persons:
1. A person who enters into a contract for a national defense and military installations project;
2. A person who enters into a subcontract in connection with a contract for a national defense and military installations project;
3. The person who has participated in a national defense and military installations facility project by means of advice, research, service, appraisal, or investigation.
(2) Where any ground prescribed by Presidential Decree exists, such as where a participant in a national defense and military installations project has not been negligent in giving due attention and supervision to protect military secrets in the proviso of Article 14-2 (1) of the Act means where a ground for imposing penalty points occurs due to an agent, employee, or other employee of a participant in a national defense and military installations project violates the Military Secret Protection Act, and where a participant in a national defense and military installations project has not been negligent in giving due attention and supervision to prevent such violations of the Act.
(3) When a participant in a national defense and military installations project or an agent or employee of, or any other person employed by, a participant in a national defense and military installations project is sentenced to a violation of the Military Secret Protection Act in connection with the national defense and military installations project, the Minister of National Defense shall impose penalty points on the participant in the national defense and military installations project in accordance with the criteria for imposition prescribed in attached Table 1.
(4) The Minister of National Defense shall, when the accumulated demerit points imposed on the participants in the defense and military facilities projects are not less than five points, when the points obtained by subtracting the demerit points which have been extinguished pursuant to subparagraph 2 of attached Table 1 (hereinafter referred to as "accumulated demerit points") have reached five or more points. In accordance with the standards in attached Table 2, the qualifications for participation in the bidding of participants in national defense and military facilities projects shall be restricted. In such cases, the Minister of National Defense may, if deemed necessary in consideration of the degree of violation of the Protection of Military Secrets Act, etc., undergo deliberation by the Contract Deliberative Committee established under the Ministry of National Defense pursuant to Article 94 (1) of the Enforcement Decree of the Act on Contracts to which the State is a Party.
Article 8-3(Method and Procedure for Surveys on Actual Status) #
(1) The Minister of National Defense shall conduct surveys on actual status (hereinafter referred to as "survey on actual status) pursuant to Article 14-3 (1) of the Act in each even years and report the outcomes of the survey to the Standing Committee under the control of the National Assembly no later than May 31 next year. <Amended on Jul. 9, 2024>
(2) If necessary for surveys on actual status, the Minister of National Defense may utilize documents or information registered on an administrative registry of State property under its jurisdiction (referring to electronic documents if the registry is replaced by electronic documents) in Article 66 of the State Property Act and in an information system operated by the Minister of National Defense for the management, etc. of State property under its jurisdiction.
(3) The Minister of National Defense may use an electronic means, such as information and telecommunications networks or electronic mail, in order to efficiently conduct survey on actual status.
(4) The Minister of National Defense may request special research institutions or organizations or relevant experts to conduct surveys on actual status.
[This Article Newly Inserted on Oct. 22, 2019]
[Moved from Article 8-2, and the previous Article 8-3 moved to Article 8-4 <Jul. 9, 2024>]
Article 8-4(Method and Procedure for Public Notice) #
Within one month after the Minister of National Defense reports the outcomes of surveys on actual status to the Standing Committee under the control of the National Assembly pursuant to Article 14-2 (1) of the Act, he or she shall make a public notice thereof in Article 14-3 (1) of the Act on the website of the Ministry of National Defence. In such cases, if acknowledged necessary for protecting personal information, he or she may make a public notice without such personal information. <Amended on Jul. 9, 2024>
[This Article Newly Inserted on Oct. 22, 2019]
[Moved from Article 8-3 <Jul. 9, 2024>]
Article 9(Delegation of Authority) #
The Minister of National Defense shall delegate his/her authority over the following matters to the Commander of the Defense Installations Agency under Article 3 of the Decree on the Defense Installations Agency, in accordance with Article 15 of the Act: <Amended by Presidential Decree No. 26636, Nov. 13, 2015; Presidential Decree No. 27096, Apr. 19, 2016; Jul. 9, 2024>
1. Approval for an action plan and approval for the modification or revocation of such plan as provided for in Article 6 of the Act;
2. Consultation with the head of a relevant administrative agency on any of the matters falling under the subparagraphs of paragraph (1) of Article 7 of the Act pursuant to paragraph (2) of the said Article;
3. Approval for building, etc. under Article 8 of the Act;
4. Completion inspections under Article 9 of the Act;
5. Examination on the suitability of national defense and military installations built before January 25, 2012 pursuant to Article 2 of the Addenda to the Act on National Defense and Military Installations Projects (Act No. 10926) and notification and announcement thereon to the heads of the relevant administrative agencies and the heads of the relevant Sis/Guns/Gus;
6. Prior Notice to Participants in National Defense and Military Installations Projects on Imposition of Demerit Points and Restrictions on Qualification for Participation in Bidding under Article 8-2 (12).
Article 10(Processing of Personally Identifiable Information) #
(1) The Minister of National Defense or a project operator may manage information constituting criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act or data containing resident registration numbers under subparagraph 1 of Article 19 of the same Decree or alien registration numbers under subparagraph 4 of the same Article, if it is inevitable to perform affairs concerning the imposition of penalty points and restrictions on qualifications for participation in tendering under Article 14-2 of the Act. <Newly Inserted on Jul. 9, 2024>
(2) The Minister of National Defense may process the data containing resident registration numbers and alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act where there are extenuating circumstances to process information on private land in which national defense and military installations are installed under Article 14-3 (2) 1 of the Act and affairs necessary for confirming a source of right in paragraph (3) of the same Act. <Amended on Jul. 9, 2024>
[This Article Newly Inserted on Oct. 22, 2019]