Article 1(Purpose) #
The purpose of this Decree is to prescribe such matters as delegated by the Protection of Military Installations Act (hereinafter referred to as the "Act") and those necessary for its enforcement.
Article 2(Military Installations) #
The term "other facilities that are directly and officially used for military purposes" as used in subparagraph 1 of Article 2 of the Act means major command facilities and communications facilities of the armed forces, airdefense protective facilities, facilities for research, production or storage of war equipment and materials, military air bases and emergency runways, fortified ports and military wharfs, military firing ranges and training ranges.
Article 3(Commander of Jurisdictional Unit) #
The term "commander of a jurisdictional unit" as used in subparagraph 4 of Article 2 of the Act means the commander falling under each of the following subparagraphs:
1. In the Army, commanding officers such as brigade commanders and their equivalents and above;
2. In the Navy, commanding officers such as flotilla commanders and their equivalents and above: Provided, That in case of the Marine Corps, commanding officers such as brigade commanders, their equivalents and above and the commander of the Yonpyong-do unit; and
3. In the Air Force, commanding officers such as wing commanders and their equivalents and above: Provided, That in case of the Air Defense Artillery Command, commanding officers such as brigade commanders and their equivalents and above.
Article 4(Commander of Managerial Unit) #
The term "commander of a managerial unit" as used in subparagraph 5 of Article 2 of the Act means a commanding officer such as an organizational director of a depot or a group and above.
Article 5(Establishment, etc. of Military Installations Protection Areas) #
(1) The Chairman of the Joint Chiefs of Staff shall, when deemed necessary to establish, alter, or cancel the military installations protection areas (hereinafter referred to as "protection areas") or the Civilian Control Line (hereinafter referred to as "CCL") as stipulated under the provisions of Article 4 of the Act, specify the cause, the commander of the jurisdictional unit or the commander of the managerial unit (hereinafter referred to as the "commander of the jurisdictional unit, etc."), and mark the protection areas and the CCL on the terrain map (referring to a terrain map on a reduced scale of one to 25,000 and above with lot numbers and land categories marked on it; hereinafter the same shall apply) and recommend them to the Minister of National Defense.
(2) The Minister of National Defense shall, in cases where he is recommended as stipulated in paragraph (1) or intends to cancel the protection areas or the CCL stipulated under the provisions of Article 4 (2) of the Act, decide on their establishment, etc. through deliberations of the Ministry of National Defense's Deliberative Committee on Military Installations Protection Areas (hereinafter referred to as the "Ministry of National Defense's Deliberative Committee on Protection Areas") pur suant to the provisions of Article 5 (1) of the Act, and inform the result to the heads of the administrative agencies concerned. In this case, a topographical map that is marked with decided contents shall be at tached. <Amended by Presidential Decree No. 18085, Aug. 16, 2003>
(3) The heads of the administrative agencies concerned who have been informed of the result of the establishment of the protection areas or the CCL and the topographical map as stipulated in paragraph (2) shall keep them so that interested parties may peruse.
[This Article Wholly Amended by Presidential Decree No. 15344, Apr. 14, 1997]
Article 6(Scope of Protection Areas Established) #
(1) The term "areas that measure up to the standards as determined by the Presidential Decree" as used in the proviso of Article 4 (4) 1 (a) of the Act means the areas that fall under one of the following subparagraphs: <Amended by Presidential Decree No. 15344, Apr. 14, 1997>
1. Settlements decided by the heads of the administrative agencies concerned in consultation with the commander of the jurisdictional unit, etc.;
2. Security tourist areas that State organs or local governments develop in order to enhance the security awareness of the people;
3. Areas that State organs intend to designate and develop in order to form basis for unification or the facilities areas that are necessary to carry out projects of North-South exchanges and cooperation;
4. Areas that are planned for large-scale development in order to develop basic industries of the State or local communities; and
5. Other areas that commanding officers such as corps commanders, their equivalents and above acknowledge at the recommendation of the commander of the jurisdictional unit.
(2) The term "areas that measure up to the standards as determined by the Presidential Decree" as used in the proviso of Article 4 (4) 1 (b) of the Act means the areas that fall under one of the following subparagraphs: <Amended by Presidential Decree No. 15344, Apr. 14, 1997>
1. Areas, such as settlements, that are determined by the heads of the administrative agencies concerned in consultation with the commander of the jurisdictional unit, etc.;
2. Areas that are designated as development promotion areas by the Minister of Construction and Transportation in consultation with the Minister of National Defense; and
3. Other areas that are recognized as causing no obstruction to military operations by the commander of the jurisdictional unit, etc.
(3) The establishment of protection areas outside the areas adjacent to the Military Demarcation Line shall be done within the minimum necessary scope according to the standards of each of the following subparagraphs: <Amended by Presidential Decree No. 15344, Apr. 14, 1997>
1. In the areas where there are combat facilities such as bunkers, obstacles, etc., decision shall be made taking into consideration the observation, field of fire and effective range of individual fire arms, etc., within 500 meters from barbed wire fences that are installed at the outermost of the combat facilities;
Article 7(Composition and Operation of Ministry of National Defense Deliberations Committee on Protection Areas) #
(1) The Ministry of National Defense Deliberations Committee on Protection Areas shall consist of 9 through 11 members, including a chairman. <Amended by Presidential Decree No. 18085, Aug. 16, 2003>
(2) The Chairman shall be the Vice Minister of National Defense, and members shall be those of the following subparagraphs: <Amended by Presidential Decree No. 15344, Apr. 14, 1997; Presidential Decree No. 18085, Aug. 16, 2003>
1. Among the public officials concerned in the Ministry of Unification, the Ministry of Government Administration and Home Affairs, the Ministry of Agriculture and Forestry, the Ministry of Environment, the Ministry of Construction and Transportation, the Ministry of Maritime Affairs and Fisheries and the local governments concerned, those designated by the heads of the agencies concerned; and
2. Among the public officials concerned in the Ministry of National Defense and the Joint Chiefs of Staff, those designated by the Minister of National Defense.
(3) Where the Chairman is unable to discharge his duties owing to an unavoidable engagement, a member designated in advance by the Chairman shall act as Chairman on his behalf. <Amended by Presidential Decree No. 18085, Aug. 16, 2003>
(4) A meeting of the Ministry of National Defense Deliberations Committee on Protection Areas shall convene with the attendance of a majority of its members, and make decisions with a concurrent vote of a majority of those present. <Amended by Presidential Decree No. 18085, Aug. 16, 2003>
(5) The Ministry of National Defense Deliberations Committee on Protection Areas shall have one secretary, who is the chief of the division that handles the business of the protection of military installations within the Ministry of National Defense. <Amended by Presidential Decree No. 18085, Aug. 16, 2003>
Article 7-2(Composition, Operation, etc. of Jurisdictional Unit or Managerial Unit Deliberations Committee on Protection Areas) #
(1) The Jurisdictional Unit or Managerial Unit Deliberations Committee on Military Installations Protection Areas under Article 5 (2) of the Act (hereinafter referred to as the "Jurisdictional Unit, etc. Deliberations Committee on Protection Areas") shall consist of 5 through 9 members, including a chairman.
(2) The deputy commander or chief of staff of the jurisdictional unit or managerial unit shall be the chairman, and the members shall be appointed by the commander of the jurisdictional unit, etc. from among the persons of the following subparagraphs:
1. Staff officers of jurisdictional unit or managerial unit, or commander of a unit under direct control thereof;
2. Commander or staff officers of the relevant unit in the protection area; and
3. Officers in charge of management of state property in the jurisdictional unit or managerial unit.
(3) In case where the chairman is unable to discharge his duties owing to an unavoidable engagement, a member designated in advance by the chairman shall execute the duties as proxy.
(4) Meetings of the Jurisdictional Unit, etc. Deliberations Committee on Protection Areas shall convene with the attendance of a majority of the members, and decisions shall be made with the approval of a majority of the present members.
(5) The Jurisdictional Unit, etc. Deliberations Committee on Protection Areas shall have a secretary, who shall be appointed by the chairman from among the persons in charge of the duty of military installations protection of the jurisdictional unit or managerial unit.
(6) In case where a relevant administration agency or interested person requests in connection with the matters of deliberation, the Jurisdic tional Unit, etc. Deliberations Committee on Protection Areas shall deliberate and decide after hearing the opinion thereof, and notify the relevant administration agency or interested person of the result without delay when it has deliberated and decided.
(7) In case where the interested person who has been notified pursuant to the provisions of paragraph (6) raises an objection against the result of deliberation and decision, the Jurisdictional Unit, etc. Deliberations Committee on Protection Areas shall arrange a deliberation by the Jurisdictional Unit, etc. Deliberations Committee on Protection Areas of the superior class except the immediate superior in connection with the standards pursuant to the provisions of Articles 3 and 4.
Article 8(Signs of Protection Areas) #
(1) The Minister of National Defense shall, in cases where he intends to set up signs of protection areas under the main sentence of Article 6 of the Act, have the commander of the jurisdictional unit, etc. set up markers or stone landmarks as given in the annexed table every 300 meters along the outermost boundary line of the areas designated as protection areas.
(2) The Minister of National Defense shall, in cases where he intends to announce the CCL in the Gazette, specify the scope of the CCL established in administrative coordinates.
Article 9(Permission of Entry into Protection Areas or Military Installations) #
(1) Any person who intends to enter controlled protection areas and fences or unit posts with no-entry markers in order to live or farm there under Article 7 of the Act shall submit applications for entry permission to the commander of the jurisdictional unit, etc. or the post commander by way of the head of Si/Gun/Gu that exercise the jurisdiction over the area of his residence. <Amended by Presidential Decree No. 17952, Apr. 4, 2003>
(2) The commander of the jurisdictional unit, etc. or the commander of the post unit who has received an application as stipulated in paragraph (1) shall decide on permission of entry, and notify the result to the applicant by way of the head of Si/Gun/Gu that exercise the jurisdiction over the area of his residence. <Amended by Presidential Decree No. 17952, Apr. 4, 2003>
(3) Any person who, for special causes other than those in paragraph (1), intends to make daily entry into the controlled protection areas and fences or unit posts with no-entry markers may submit an application for entry permission directly to the commander of the jurisdictional unit or the post commander, and the commander of the jurisdictional unit, etc. or the commander of the post unit who has received the application shall without delay decide on permission of entry and notify the result to the applicant.
Article 9-2(Entry Areas within Controlled Protection Areas) #
In the proviso of the purview of Article 7 of the Act, the term "areas determined by the Presidential Decree" means the areas that fall under any of the following subparagraphs:
1. Of the controlled protection areas that are established in the areas north of the CCL, the passage areas that are designated by the Minister of National Defense or the commander of the jurisdictional unit, etc. for entry into the areas under any of subparagraphs of Article 6 (1); and
2. Of the areas that are not adjacent to the Military Demarcation Line and those south of the CCL, the areas that do not have fences or noentry markers installed.
[This Article Newly Inserted by Presidential Decree No. 15344, Apr. 14, 1997]
Article 9-3(Things Permitted within Controlled Protection Areas) #
In the proviso of subparagraph 3 of Article 8 of the Act, the term "matters determined by the Presidential Decree" means the matters that fall under any of the following subparagraphs:
1. Public projects that State organs or local governments implement in consultation with the Minister of National Defense or the commander of the jurisdictional unit, etc.;
2. Agricultural, forestry and fishery facilities such as warehouses for agricultural machinery, etc.;
3. Extension and remodeling of the existing houses; and
4. Coastal farms on islands.
[This Article Newly Inserted by Presidential Decree No. 15344, Apr. 14, 1997]
Article 10(Enforcement of Eviction, etc.) #
The commander of the jurisdictional unit, etc. or the post commander shall, in cases where he intends to enforce eviction, remove obstacles and take other necessary measures under the provisions of Article 9 of the Act, first order the actor to suspend the action or remove obstacles except for military emergencies.
Article 11(Consultation on Things Permitted by Administrative Agencies, etc.) #
(1) In cases where the heads of the administrative agencies concerned intend to permit the matters that fall under any of the subparagraphs of Article 10 (1) of the Act and to render other actions of disposition, the head of the central administrative agency concerned shall consult with the Minister of National Defense, and the heads of the other administrative agencies concerned shall consult with the commander of the jurisdictional unit. etc. In this case, procedures and methods of consultation and standards to explosives shall be determined by an Ordinance of the Ministry of National Defense. <Amended by Presidential Decree No. 15344, Apr. 14, 1997; Presidential Decree No. 18085, Aug. 16, 2003>
(2) The Minister of National Defense or the commander of the jurisdictional unit, etc. may, in cases where the heads of the administrative agencies concerned have permitted the matters that fall under any of the subparagraphs of Article 10 (1) of the Act or rendered other actions of disposition without going through consultation or implementing the standards for consultation as prescribed in paragraph (1), demand the heads of the administrative agencies concerned to take measures necessary for restoration such as cancellation of the permission and other actions of disposition, suspension of the action, removal of the facilities, and the heads of the administrative agencies who have been demanded as such shall, unless justified by special grounds, respond to the de mand. <Amended by Presidential Decree No. 18085, Aug. 16, 2003>
(3) Consultation on the matters that fall under any of the subparagraphs of Article 10 (1) of the Act within the protection areas related to the military installations of foreign troops who station in the Republic of Korea shall be proceeded as stipulated in paragraph (1), but it shall be proceeded in consultation with the commander of the foreign unit who manages the installations such as the commander of the jurisdictional unit. <Amended by Presidential Decree No. 18085, Aug. 16, 2003>
(4) In the proviso other than subparagraphs of Article 10 (1) of the Act, the term "matters determined by the Presidential Decree" means those that fall under any of the following subparagraphs: <Amended by Presidential Decree No. 15344, Apr. 14, 1997; Presidential Decree No. 18085, Aug. 16, 2003; Presidential Decree No. 19639, Aug. 4, 2006>
1. Remodeling, rebuilding, and grand repair of existing structures and other installations;
2. Temporary structures for agriculture, forestry and fishery, livestock industry, and other uses as determined by the Ordinance of the Ministry of National Defense that have a total floor area not more than 500 square meters per household, and the installation of fences: Provided, That they shall be limited to facilities that are easy to incinerate or destroy by force in the areas within 500 meters from the front of battle positions;
Article 12(Consignment of Business of Consultation on Protection Areas, etc.) #
(1) In Article 11 (1) of the Act, the term "specified protection areas determined by the Presidential Decree" means the areas that fall under any of the following subparagraphs: <Amended by Presidential Decree No. 15344, Apr. 14, 1997; Presidential Decree No. 17816, Dec. 26, 2002>
1. Protection areas within the urban areas under subparagraph 1 of Article 6 of the National Land Planning and Utilization Act: Provided, That areas with special communications facilities that may not specify the conditions for consigning the business of consultation shall be excluded;
2. Agricultural and industrial complex and special gardening complex to increase incomes for those in agriculture, forestry and fishery;
3. Areas that may be used as dry fields or rice paddies by reclaiming for est and river sites;
4. Reclaimed land of public water surface as prescribed by the Public Waters Reclamation Act; and
5. Other areas that have minor impact on military operations and may enhance the development of the local community and the benefits of the residents.
(2) Pursuant to the provisions of Article 11 of the Act, the scope of consultation business that can be delegated to the heads of the administrative agencies concerned shall be consultation businesses for permis sion and other dispositions for the act that falls under one of the following subparagraphs: <Newly Inserted by Presidential Decree No. 15655, Feb. 24, 1998>
1. New construction or extension of a residence or other structure;
2. Afforestation or cutting of standing trees; and
3. Reclamation and alteration to the form and nature of land.
(3) The Minister of National Defense or the commander of the jurisdic tional unit, etc. shall, in cases where he intends to consign the business of consultation as stipulated in Article 10 of the Act to the heads of the administrative agencies concerned as stipulated in Article 11 (1) of the Act, take into comprehensive consideration the topographical conditions, elements that affect a smooth execution of military operations, equity with neighboring units, etc., and shall decide on consignment conditions in detail including consignment area, scope of the business of consultation that is the object of consignment, restricted height of structures, altitude reference point, etc., and shall consign them by marking or specifying these consignment conditions on the topographical and related documents. <Amended by Presidential Decree No. 15344, Apr. 14, 1997>
Article 13(Designation of Air-Defense Cooperation Zone, etc.) #
(1) The Air-Defense Coordination Zone (hereinafter referred to as "ADCZ") as stipulated in Article 12 (3) of the Act shall, after consulting in advance with the Seoul Special Metropolitan City Mayor, Metropolitan City Mayors or Do governors concerned, be designated by the Minister of National Defense through considerations of the Ministry of National Defense's Deliberative Committee on Protection Areas. The same shall also apply where a cancellation of this is intended. <Amended by Presidential Decree No. 18085, Aug. 16, 2003>
(2) The Minister of National Defense shall, in cases where he has designated or cancelled ADCZ as stipulated in paragraph (1), send the heads of the administrative agencies concerned drawing plots with the zone identified thereon.
(3) The heads of the administrative agencies concerned who have been sent the drawing plots as stipulated in paragraph (2) shall keep them so that interested parties may peruse.
(4) In Article 12 (4) of the Act, the term "specified height from the ground as prescribed by the Presidential Decree" means the height of the horizontal line of sight within the range of air-defense fire arms that are installed at air-defense positions within ADCZ.
[This Article Newly Inserted by Presidential Decree No. 15344, Apr. 14, 1997]