ENFORCEMENT DECREE OF THE ACT ON COMPREHENSIVE PLANS FOR CONSTRUCTION IN THE NATIONAL TERRITORY

Article 1(Natural Resources) #

The term “other natural resources” as referred to in subparagraph 1 of Article 2 in the Act on Comprehensive Plans for Construction in the National Territory (hereinafter referred to as the “Act”) shall be as follows:

1. Motive power resources including coal, water power, tidal power;

2. Underground resources;

3. Forest resources; and

4. Marine and ocean resources.

Article 2(Village) #

In the “outlines for arrangement of cities and farming villages and their respective scales and structures” as referred to in subparagraph 3 of Article 2 of the Act, the matters falling under each of the following subparagraphs shall be provided for:

1. Location and size;

2. Main functions which will serve as a guide for the structure;

3. Size of population;

4. Outlines for arrangement of regions as classified by use;

5. Function of major traffic facilities;

6. Outlines for the scale and progress of annual projects for formulation of a plan;

7. Matters which will serve as standards for a detailed plan; and

8. Other necessary matters.

Article 3(Industrial Sites) #

The term “industrial sites” as referred to in subparagraph 4 of Article 2 of the Act, matters pertaining to the sites of major industries such as agriculture, manufacturing, commerce, mining, and fisheries, the size of facilities necessary for the formation of said the industrial sites and their subsidiary facilities, and the residential environment for the people involved in the related industries shall be determined.

Article 4(Public Facilities) #

The term “important public facilities which serve as foundations for industrial development” as referred to in subparagraph 5 of Article 2 of the Act, the following facilities shall be included:

1. Traffic and Transportation facilities;

2. Electric facilities;

3. Communication facilities; and

4. Flood control and water facilities.

Article 5(Other resources) #

(1) The term “other resources” as referred to in subparagraph 6 of Article 2 of the Act, shall include a park, a recreation ground, a swimming pool, a skiing ground, and other resources and facilities which are designed to secure the people’s health and sanitation and is useful to the public.

(2) The Minister of Construction and Transportation shall, after consultation with the ministers of ministries and agencies concerned, set a grade for each region of cultural resources, region of public health resources and region of sight-seeing resources, according to the degree of importance occupied by it with respect to plans for the national territory, and announce publicly the grade jointly with the names of the ministers of ministries concerned. <Amended by Presidential Decree No. 14447, Dec. 23, 1994>

Article 6(Council Members’ Qualifications) #

The term “persons of extensive knowledge and experience concerning plans for construction in the national territory” as referred to in the Article 9 (3) 1 of the Act means those with professional knowledge and experience in the fields such as manufacturing, agriculture, fisheries, mining, construction, economy, society, geography, and so on.

Article 7(Convocation of Council) #

A meeting of the Council of Comprehensive Plans for Construction in the National Territory (hereinafter referred to as the “Council”) to each of the council member at least three days before the meeting is held.

Article 8(Quorum of Council) #

A meeting of the Council shall be held with the attendance of a majority of all the council members, and a resolution shall be made by concurrent votes of a majority of the members attending. In case of tie in votes, the chairman shall have a casting vote. <Amended by Presidential Decree No. 5953, Jan. 24, 1972>

Article 9(Subcommittees) #

(1) Subcommittees may be established under the Council to adjust and deliberate the matters delegated by the Council.

(2) A subcommittee shall be composed of persons who are nominated by the chairman of the Council from among the council members, and the chairman of a subcommittee shall be mutually elected from among the members of the subcommittee.

[This Article Wholly Amended by Presidential Decree No. 7574, Mar. 15, 1975]

Article 9-2 #

Deleted.<by Presidential Decree No. 10470, Sep. 18, 1981>

Article 10(Administrative Affairs Staff) #

(1) In order to manage the administrative affairs of the Council, the Council shall have one chief secretary, two secretaries and several clerks. <Amended by Presidential Decree No. 5953, Jan. 24, 1972>

(2) The Director General of the National Development Planning Bureau in Ministry of Construction and Transportation shall be the chief secretary, the Minister of Construction and Transportation shall assign the secretaries from among public officials affiliated with the same Ministry, and the clerks shall be appointed by the said Minister. <Amended by Presidential Decree No. 5953, Jan. 24, 1972; Presidential Decree No. 14447 Dec. 23, 1994>

(3) The chief secretary shall manage the affairs of the Council, secretaries shall assist him, and the clerks shall engaged in the administrative affairs of the Council under the order of the chief secretary and secretaries.

(4) The chief secretary and secretaries may attend meetings of the Council and subcommittees and state their opinions.

Article 11(Allowances and Traveling Expenses) #

Allowances and traveling expenses of the members and the professional experts of the Council shall be paid allowances and travelling expenses within the limit of the budget.

Article 12(Do Council) #

The council of comprehensive plans for construction in Do (hereinafter referred to as the “Do council”) under Article 13 (1) of the Act shall be composed of a chairman and the following sixteen members:

1. Not more than four directors general of the Do;

2. Not more than three chiefs of construction-related region offices coming under the jurisdiction of the Do;

3. Not more than five persons with knowledge and experience concerning the plan for construction in the national territory; and

4. Not more than four businessmen with extensive knowledge and integrity virtues.

Article 13(Do Municipal Ordinance) #

The Minister of Home Affairs shall consult with the Minister of Construction and Transportation in advance before endorsing the Municipal Ordinance concerning the Do Council. <Amended by Presidential Decree No. 14447, Dec. 23, 1994>

Article 14(Written Request for Nationwide Plan) #

As prescribed in Article 15 (1) of the Act, a written request for a nationwide plan shall include the following matters:

1. The title of the planned project;

2. The location where the project is conducted;

3. The necessity for the plan;

4. The contents and size of the project;

5. The amount of the project cost;

6. The operation period of the plan;

7. The prospective effect of the plan, and the degree of conduciveness to the National Treasury and financial situations of the relevant district;

8. The drawings of the plan; and

9. Other matters to be considered.

Article 15(Matters Subject to Adjustment) #

As prescribed Article 15 (2) of the Act, the Minister of Construction and Transportation shall deliberate the following matters in order to adjust and control the written request for nationwide plans which are submitted by the head of central administrative agencies: <Amended by Presidential Decree No. 14447, Dec. 23, 1994>:

1. The relationship among projects which is required to maintain integration of construction works within the relevant district on the basis of said projects;

2. The order of precedence among projects for construction works within the relevant district;

3. The order of importance among projects for construction works within the relevant district; and

4. The relationship between construction works within the relevant district and construction works within the other districts.

Article 16(Consultation of Specific District Plan) #

Consultation with respect to any specific district plan between the Minister of Construction and Transportation and the heads of central administrative agencies as prescribed in Article 16 (1) of the Act, shall be made pursuant to the followings: <Amended by Presidential Decree No. 14447, Dec. 23, 1994>

1. When a specific district has been designated as prescribed in Article 6 in the Act, the Minister of Construction and Transportation shall, within one month, notify matters subject to consultation to the heads of relevant central administrative agencies which have relations with the same specific district plan; and

2. The head of the central administrative agencies who receive a notification as referred to in subparagraph 1 shall make a reply on the matters referred to itself for consultation within one month.

Article 17(Execution Plan for Projects) #

(1) As prescribed in Article 19 (1) of the Act, the following matters shall be entered in the execution plan for following year’s projects:

1. The title of the planned project;

2. The location where the project is conducted;

3. The scale of the project to be executed;

4. The relations with the plans for construction in the national territory, and the prospective effect;

5. The reason for being determined as the following year’s project; and

6. Other matters to be considered.

(2) The following matters other than those referred to in paragraph (1) shall be included in the execution plan for the following year’s project of the military plan among the plans for construction in the national territory:

1. The amount and sources of the project expense; and

2. A brief description of the revenue from the project.

Article 18(Plan for Surveys) #

(1) The heads of central administrative agencies and the heads of local governments shall formulate draft plans for the national territory survey for a period of not less than three years, and submit them to the Minister of Construction and Transportation. <Amended by Presidential Decree No. 14447, Dec. 23, 1994>

(2) The Minister of Construction and Transportation shall adjust comprehensively the draft plans as referred to in paragraph (1), and notify final plans publicly after the deliberation of the State Council and with the approval of the President. <Amended by Presidential Decree No. 14447, Dec. 23, 1994>

Article 19(Execution Plan for Survey) #

(1) The heads of central administrative agencies and the heads of local governments shall formulate proposals of execution plans for the following year’s national territory survey every year, and submit the proposals to the Minister of Construction and Transportation. <Amended by Presidential Decree No. 14447, Dec. 23, 1994>

(2) Proposals of execution plans for the national territory surveys shall include the following matters:

1. Matters to be surveyed;

2. The scope of survey;

3. The relations with the plan for construction in the national territory plan or the necessity for subsequent plans development; and

4. The budget required.