ENFORCEMENT DECREE OF THE AGRICULTURAL AND FISHING VILLAGES IMPROVEMENT ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE AGRICULTURAL AND FISHING VILLAGES IMPROVEMENT ACT — 법갈피

Article 12(Plans to manage and dispose of filled land) #

(1) The following conditions shall be satisfied where the implementer of an agricultural infrastructure improvement project intends to manage and dispose of land, such as filled land, reclaimed land, cleared land, and borrow-pits, and other things (hereinafter referred to as "filled land, etc.") by leasing, selling or directly using or temporarily using the filled land, etc. pursuant to Article 14 of the Act: <Amended on Dec. 22, 2015>

1. Expanding the scale of agricultural business of full-time farmers referred to in Article 26 of the Framework Act on Agriculture, Rural Community and Food Industry (hereinafter referred to as "full-time farmers"), etc.;

2. Attaining the objectives of the rural improvement project;

3. Securing financial resources to reinvest in the relevant agricultural infrastructure improvement project.

(2) The implementer of an agricultural infrastructure improvement project shall formulate a management and disposal plan including the following matters pursuant to Article 14(2) of the Act and obtain approval from the Minister of Agriculture, Food and Rural Affairs [referring to a Mayor/Do Governor in the case of property created by implementing a project under the proviso of Article 8(1) of the Act (excluding a project in which the Farmland Management Fund under Article 31 of the Korea Rural Community Corporation and Farmland Management Fund Act (hereinafter referred to as the "Farmland Management Fund") has been invested); hereafter the same shall apply in this Article] and shall make public announcement thereof; provided, the estimate of profits from management and disposal under subparagraph 4 shall not be publicly announced. <Amended on Mar. 23, 2013; Mar. 19, 2024>

1. Plots and area by management and disposal plan;

2. Methods of determining persons eligible for the management and disposal plan;

3. A schedule of management and disposal;

4. An estimate of profits from management and disposal.

(3) The implementer of an agricultural infrastructure improvement project shall obtain approval from the Minister of Agriculture, Food and Rural Affairs to amend the management and disposal plan approved pursuant to paragraph (2). <Amended on Mar. 23, 2013>

(4) Where filled land, etc. created by a project financed from the Farmland Management Fund is necessary for any project implemented by the Korea Rural Community Corporation incorporated under the same Act (hereinafter referred to as the "Korea Rural Community Corporation") pursuant to Article 10 of the same Act, the State may contribute or concede the reclaimed land, etc. without compensation to the Korea Rural Community Corporation pursuant to Article 6 or 44 of the same Act. <Amended on Aug. 14, 2018; Mar. 19, 2024>

Article 14(Procedures and methods for leasing filled land, etc.) #

(1) The leasing period of filled land, etc. under Article 14(2)1 of the Act shall be classified as follows: <Added on Jul. 16, 2019>

1. Cultivation of short lived crops: Within five years; provided, if deemed necessary by the implementer of an agricultural infrastructure improvement project, such period may be extended by a maximum of five years;

2. A project falling under any of subparagraphs 1 though 4 of Article 19: Within the period necessary to implement the project;

3. Any person listed in the subparagraphs of Article 19(5);

4. A project falling under subparagraph 6 of Article 19: Within 20 years.

(2) The criteria for calculating a rent for filled land, etc. under Article 14(2)1 of the Act shall be determined by the Minister of Agriculture, Food and Rural Affairs, in consideration of the rents, etc. for land that is similar in the current status of use in a Si/Gun/Gu to which an area in which a project under any of the subparagraphs of paragraph (1) is implemented belongs; provided, where any revenue occurs from a project for the purpose other than cultivation, the rent may be determined in consideration of the total revenues of the project. <Added on Jul. 16, 2019>

(3) A person who intends to rent filled land, etc. shall submit an application to rent the filled land, etc. to the implementer of an agricultural infrastructure improvement project, other than a landowner, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Jul. 16; 2019>

(4) The implementer of an agricultural infrastructure improvement project in receipt of an application submitted under paragraph (3) shall determine an eligible person, taking into account the qualifications, etc. of eligible persons; and where at least two applicants exist, an eligible person shall be determined by open lottery; provided, in the case of subparagraph 6 of Article 19, an eligible person shall be determined by competitive tendering. <Amended on Jul. 16, 2019>

(5) Upon determining an eligible person, the implementer of an agricultural infrastructure improvement project shall issue a notice on the lease of filled land, etc. to the eligible person, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Jul, 16, 2019>

(6) Where at least 30 percent of agricultural crops have been damaged in filled land, etc. rented for the purpose of cultivation due to any disaster under subparagraph 1 of Article 2 of the Countermeasures against Natural Disasters Act or any agricultural disaster under subparagraph 2 of Article 2 of the Act on the Prevention of and Countermeasures against Agricultural and Fishery Disasters, the implementer of an agricultural infrastructure improvement project may reduce rents for the relevant filled land, etc. and overdue interest. <Added on Jul. 16, 2019>

(7) The methods for payment of rents for filled land, etc. and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Jul. 16, 2019>

[Title Amended on Jul. 16, 2019]

Article 22-2(Temporary use of land being developed as reclaimed land) #

(1) Where an implementer of an agricultural infrastructure improvement project intends to temporarily use land exposed after a breakwater construction work of an agricultural infrastructure development project is completed or to allow farmers, fishermen, etc. to temporarily use the land (hereinafter referred to as "temporary use") pursuant to Article 14-2 of the Act, he or she shall prepare a plan for temporary use including the following matters, submit the plan to the Minister of Agriculture, Food and Rural Affairs, and publicly announce such plan on the website, etc.: <Amended on Oct. 14, 2021>

1. Area of land to be used temporarily;

2. Persons to use the land temporarily;

3. Procedures for filing an application and for concluding a contract for temporary use;

4. Matters to be observed during temporary use;

5. Plans to restore the land temporarily used to the original state (limited to cases in which the land is to be used for a purpose prescribed in paragraph (3)2 through 4).

(2) An implementer of an agricultural infrastructure improvement project may temporarily and directly use land, or allow a person falling under any of the subparagraphs of Article 13 to use the land temporarily. In such cases, he or she may have a person prescribed in subparagraph 5 of Article 13 use the land temporarily in preference to any other person.

(3) Temporary use shall be allowed for any of the following purposes: <Amended on Oct. 14, 2021>

1. Cultivation of short lived crops;

2. Cultivation of crops, etc. for experiment and research related to the development of agricultural technology;

3. Installation of makeshift facilities such as walkways, sculptures, and simple rest facilities relating to the service industry including cultural tourism referred to in Article 31(1) of the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing Villages.

4. Local cultural festivals, and cultural and art performances and exhibitions prescribed in Article 33 of the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing Villages.

(4) The period of temporary use shall be classified as follows: <Amended on Oct. 14, 2021>

1. Where it is temporarily used for a purpose prescribed in paragraph (3)1: Within three years. In such cases, the period may be extended for up to additional one year;

2. Where it is temporarily used for a purpose prescribed in paragraph (3)2: Within the period needed for the relevant experiment and research;

3. Where it is temporarily used for a purpose prescribed in paragraph (3)3: Within the period needed for the relevant cultural tourism, etc.;

4. Where it is temporarily used for a purpose prescribed in paragraph (3)4: Within the period needed for the relevant festival, performance or exhibition.

(5) Where an implementer of an agricultural infrastructure improvement project allows a person falling under any the subparagraphs of Article 13 to temporarily use land, he or she may collect a usage fee from the temporary user. In such cases, he or she may grant the temporary user an exemption of the usage fees as follows: <Amended on Oct. 14, 2021>

1. Where temporary use is made for a purpose prescribed in paragraph (3)1 and damage occurs from natural disasters: Partial reduction of the usage fees;

2. Where temporary use is made for a purpose prescribed in paragraph (3)2 through 4 for a nonprofit project for the purpose of public interests: Exemption.

(6) Where an implementer of an agricultural infrastructure improvement project receives usage fees from temporary users pursuant to paragraph (5), he or she shall deliver the usage fees to the Farmland Management Fund.

(7) Except as provided in paragraphs (1) through (6), matters necessary for temporary use, such as procedures for applying for temporary use, shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs.

[This Article Added on Aug. 14, 2018]

Article 26(Safety management of agricultural infrastructure) #

(1) An agricultural infrastructure manager shall formulate a safety management plan for agricultural infrastructure, including the following matters, pursuant to Article 18(1) of the Act every five years and shall ensure it correlates it with the master plan for national safety management formulated pursuant to Article 22 of the Framework Act on the Management of Disasters and Safety:

1. Basic direction-setting for the safety management of the agricultural infrastructure;

2. Matters concerning securing organization, human resources, and equipment for the safety management of the agricultural infrastructure;

3. Matters concerning building an information system related to the safety management of the agricultural infrastructure;

4. A plan for conducting safety inspections or full safety examinations of the agricultural infrastructure and the repair and reinforcement thereof;

5. Expenses incurred in the safety management of the agricultural infrastructure;

6. Other matters necessary for the safety management plan for the agricultural infrastructure.

(2) An agricultural infrastructure manger shall formulate and implement an annual implementation plan for safety management pursuant to the safety management plan he or she formulates pursuant to paragraph (1).

(3) Facilities subject to safety inspections and full safety examinations under Article 18(2) of the Act and the time for conducting such inspections and examinations shall be as specified in Appendix 1. <Amended on May 7, 2012>

(4) Where a defect is found in agricultural infrastructure through a safety inspection and full safety examinations conducted under paragraph (3), the relevant agricultural infrastructure manger shall restore the defective part and take measures, such as alteration and repair.

(5) An agricultural infrastructure manager may take any of the following measures where necessary for the safety management of agricultural infrastructure:

1. Installing an access control device to the zone where the agricultural infrastructure is built;

2. Installing a sign to restrict any activity or use of devices that could hinder the safety management of the agricultural infrastructure.

(6) An agricultural infrastructure manager may request the head of the relevant administrative agency or the head of the relevant local government to take appropriate measures, such as to restricting or prohibiting the installation of facilities which could hamper the efficiency of agricultural infrastructure, at the upstream basin.

(7) Formulation of plans for managing facilities, safety inspections and maintenance of facilities under paragraphs (1) through (5) and other necessary matters shall be prescribed by the Minister of Agriculture, Food and Rural Affairs. <Amended on May 7, 2012; Mar. 23, 2013>

(8) "Just cause prescribed by Presidential Decree, such as cases where an emergency measure is needed for preventing damage caused by a natural disaster or for lifesaving" in the provisions, with the exception of the subparagraphs, of Article 18(3) of the Act means any the following circumstances: <Amended on Jan. 22, 2016>

1. Where an emergency measure is required to prevent damage caused by a natural disaster or for lifesaving;

2. Where a necessary measure is taken against a calamity or disaster pursuant to Acts, such as the Act on the Prevention of and Countermeasures against Agricultural and Fishery Disasters, the Framework Act on Fire-Fighting Services, the Act on the Search and Rescue in Waters, the Countermeasures against Natural Disasters Act, and the Framework Act on the Management of Disasters and Safety;

3. Where an emergency measure is required to prevent potential damage to crops due to inflow of seawater or pollutants.

Article 31(Permission for use of agricultural infrastructure or water) #

(1) Where an agricultural infrastructure manager, other than the Korea Rural Community Corporation, intends to obtain permission to use agricultural infrastructure or water other than for its original purpose or to permit a third person to use it pursuant to the main clause of Article 23(1) of the Act, he or she shall file an application for permission for use in the Form prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, stating the following matters, with the head of the competent Si/Gun/Gu; provided, subparagraph 5 may be omitted if it is intended to determine the user by competitive bidding: <Amended on Dec. 6, 2011; May 8, 2017>

1. Grounds for using it other than for its original purpose;

2. Agricultural infrastructure or quantity of water which is intended to be used other than for its original purpose;

3. Details, methods, and period of use other than for its original purpose;

4. Estimated amount of usage fees to be imposed pursuant to Article 32 and the basis of calculation;

5. The address and name or title of the person who intends to use it other than for its original purpose.

(2) A person who intends to use agricultural infrastructure or water managed by the Korea Rural Community Corporation other than for its original purpose pursuant to the proviso of Article 23(1) of the Act shall file an application for use in the Form prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, stating the matters prescribed in subparagraphs of paragraph (1) (excluding subparagraph 4), with the Korea Rural Community Corporation and matters concerning the use of the agricultural infrastructure or water managed by the Korea Rural Community Corporation shall be prescribed by its articles of incorporation. <Amended on Dec. 6, 2011; May 7, 2012; May 8, 2017>

(3) "Insignificant matters prescribed by Presidential Decree" in the proviso of Article 23(1) of the Act means: <Amended on Dec. 6, 2011; May 8, 2017>

1. Where the area of the agricultural infrastructure intended to be used other than for its original purpose, does not exceed 300 square meters;

2. Where the period of use is renewed without changing the grounds for the originally permitted use, area, etc.

(4) Paragraph (5) shall apply mutatis mutandis where the period of use is renewed under paragraph (3)2.

(5) The period for which agricultural infrastructure or water can be used for other than for its original purpose pursuant to Article 23(1) of the Act shall not exceed the period classified as follows; provided, such period shall not exceed 10 years where the agricultural infrastructure or water is used for installing and operating new energy and renewable energy facilities defined in subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (hereinafter referred to as "new energy and renewable energy facilities"): <Amended on Jun. 8, 2016>

1. For using land:

a. Where it is necessary to use the land for a long period for such installing or constructing an access road, water pipe, drain pipe, city gas pipe, oil pipeline, streetlight, electric light pole, railroad, road, etc.: Ten years;

b. Where it is necessary to use the land for agricultural purposes and in cases not falling within the category of item a: Three years;

2. For using the water surface or land appurtenant thereto: Five years;

3. For using water: Three years.

[Title Amended on May 8, 2017]

Article 32(Collection of usage fees upon grant of permission for use of agricultural infrastructure or water) #

(1) The percentages of usage fees to be collected pursuant to Article 23(3) of the Act where agricultural infrastructure or water managed by the State is used other than for its original purpose, shall be as follows; provided, even in cases prescribed in subparagraphs 1 through 4, the amount of such usage fees may be determined at the price of the successful bid, if the user is determined by competitive bidding: <Amended on Dec. 6, 2011; Mar. 23, 2013; Jun. 8, 2016; Aug. 31, 2016; May 8, 2017; Oct. 8, 2020>

1. Where any income accrues from using the agricultural infrastructure: An amount equivalent to 10/100 of the total income; provided, where any income accrues from using the agricultural infrastructure for installing and operating new energy and renewable energy facilities, the amount shall be 5/100 of the total income;

2. Where products are produced by farming, capturing, collecting, etc. using the agricultural infrastructure: An amount equivalent to 10/100 of the market price of the products;

3. Where land on which the agricultural infrastructure stands is used for purposes other than those prescribed in subparagraphs 1 and 2: An amount equivalent to 5/100 of the officially announced price of the land (where no officially announced land price is determined, the amount appraised based on the standard comparison table of land prices referred to in Article 3(8) of the Act on the Public Announcement of Real Estate Values or the value of the land appraised by an appraisal business operator under Article 3 of the Act on Appraisal and Certified Appraisers shall be used; but the officially announced price of adjacent land of a similar utility value shall be used, if expenses incurred in appraising the land are deemed excessive in comparison with the estimated annual usage fees to be collected, in any of the following cases). In such cases, if the annual usage fees of the relevant year increase by at least 5/100 compared with the previous year, the amount of increase shall be the amount computed by applying the calculation formula for adjustment of usage fees referred to in Article 33 of the State Property Act:

a. Where an irrigation channel, drainage channel, farm road, etc. is used for an access road, passage, or any other similar purpose;

b. Other cases prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, such as where it is used for installing streetlight;

4. Where water is used: An amount equivalent to 1/600 of the expenses used by the agricultural infrastructure manager during the previous year to maintain and manage the relevant agricultural infrastructure, assuming that using one cubic meters for each 1,000 square meters of farmland benefitting from such agricultural facilities.

(2) Notwithstanding the main clause of paragraph (1), where agricultural infrastructure or water managed by the State is used for constructing and managing a railroad, road, etc. or for any other public purpose, the amount of usage fees may be reduced. <Amended on May 8, 2017>

1. Where using for the following public purposes: All fees are exempted:

a. Where using for disaster response and recovery in accordance with the Framework Act on the Management of Disasters and Safety;

b. Where using for military operations or national security;

c. Where using for maintenance and repair of agricultural infrastructure;

2. Where using for the following public purposes: 50/100 of the usage fees is exempted:

a. Where using for disaster prevention and preparation in accordance with the Framework Act on the Management of Disasters and Safety;

b. Where using for construction and management of railways, roads, etc. implemented by the State or local governments;

c. Where the State or local governments use it for official or non-profit public services;

d. Where the State or local governments use it for the purpose of Article 22-2(3)3 or 4.

(3) The percentages of usage fees to be collected where agricultural infrastructure or water managed by a local government or the Korea Rural Community Corporation is used other than for its original purpose, shall be prescribed by municipal ordinance or the articles of incorporation based on the percentages of usage fees to be collected under paragraphs (1) and (2). <Amended on May 8, 2017>

(4) The scope for using usage fees collected under Article 23(3) of the Act shall be as follows: <Amended on May 8, 2017>

1. Expenses for maintaining and managing agricultural infrastructure;

2. Expenses for altering and repairing agricultural infrastructure;

3. A reserve fund to prepare for damage to agricultural infrastructure.

[Title Amended on May 8, 2017]

Article 32-3(Hearing opinions of residents related to abolition of agricultural production infrastructure) #

(1) Where an agricultural production infrastructure manager intends to apply for abolition of the agricultural production infrastructure or submits an opinion of disapproval of abolition under Article 24(3) of the Act, the manager shall seek opinions of related residents, including residents benefiting from the relevant agricultural production infrastructure, the owners of the agricultural production infrastructure and its site, and the residents of Si/Gun/Gu where the agricultural infrastructure is located.

(2) Where an agricultural production infrastructure manager seeks opinions of related residents pursuant to paragraph (1), he or she shall publicly announce in advance each of the following mattes prescribed in the following subparagraphs in at least two daily newspapers mainly distributed in the area of the relevant Si/Gun/Gu, and publish such matters in the official report or on the website of the relevant agricultural production infrastructure manager for at least 14 days so that the relevant residents may peruse such matters:

1. The name, location, scale, and benefit area of the agricultural production infrastructure;

2. Opinions of the agricultural production infrastructure manager on the request for the abolition of the agricultural production infrastructure;

3. A plan for utilization of the agricultural production infrastructure after it is abolished (limited to where the opinion under subparagraph 2 is an approval of abolition);

4. Period for and method of submitting opinions.

(3) Where any of the following persons raises an objection to the opinions of abolition of the agricultural production infrastructure and requests a hearing within the period for submitting opinions referred to in paragraph (2)4, the agricultural production infrastructure manager shall hold a hearing:

1. The owners of the agricultural production infrastructure and its site;

2. A person who has the surface right, leasehold, or the right under a loan for use concerning an agricultural production infrastructure and the site;

3. A person who holds the right with the purpose of using or benefiting from the agricultural production infrastructure and its site.

(4) The Administrative Procedures Act shall apply to the procedures, methods, etc. for holding a hearing prescribed in paragraph (3).

[This Article Added on Oct. 14, 2021]

Article 44(Operation of general meeting of beneficiaries or board of representatives) #

(1) A general meeting of beneficiaries or a meeting the board of representatives shall be called by the chairperson of the general meeting of beneficiaries, the chairperson of the board of representatives or the implementer of an agricultural infrastructure improvement project, upon the request of at least 1/3 of beneficiaries or representatives or if the chairperson of the general meeting of beneficiaries, the chairperson of the board of representatives or the implementer of the agricultural infrastructure improvement project deems necessary.

(2) To call a general meeting of beneficiaries or a meeting of the board of representatives, the chairperson of the general meeting of beneficiaries, the chairperson of the board of representatives or the implementer of an agricultural infrastructure improvement project shall notify beneficiaries or representatives of the date, time, purpose, and place of the meeting, by seven days prior to such meeting; provided, notice can be given by three days prior to a meeting, in urgent circumstances.

(3) A quorum for a general meeting of beneficiaries or a meeting of the board of representatives shall consist of at least a majority of all beneficiaries or representatives and decisions thereat shall be by the concurrent vote of at least a majority of those present and voting; provided, the designation of a site for facilities prescribed in Article 40 as a substitute lot requires a quorum of at least 2/3 of all beneficiaries or representatives and the concurrent vote of at least 2/3 of those present and voting.

(4) The implementer of an agricultural infrastructure improvement project shall prepare minutes of a general meeting of beneficiaries or a meeting of the board of representatives, in which the progress of proceedings and the results thereof shall be stated; and the chairperson of the general meeting of beneficiaries or the chairperson of the board of representatives and at least five attendees selected by those present shall place their signatures and seals thereon.

(5) The general meeting of beneficiaries or the board of representatives shall determine the appraised price and class of land based on the market price of land in the adjacent area in similar conditions to the land.

(6) Except as otherwise expressly provided in paragraphs (1) through (5), matters necessary for operating the general meeting of beneficiaries or the board of representatives shall be prescribed by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 45(Composition of land substitution deliberation committee) #

(1) A land substitution deliberation committee referred to in Article 41 of the Act shall be comprised of not more than twenty members, including one chairperson and one vice chairperson.

(2) The head of an institution that implements an agricultural infrastructure improvement project (or a representative if the project implementer is landowners) shall serve as the chairperson of the land substitution deliberation committee; the head of the institution’s department in charge of the project (or a representative if the project implementer is landowners) shall serve as the vice chairperson; and members shall be consist of:

1. A public official in charge of land substitution work in the City/Do having jurisdiction over the relevant project district;

2. A public official of the Si/Gun/Gu having jurisdiction over the relevant land;

3. The chairperson of the general meeting of beneficiaries referred to in Article 43 and two beneficiaries nominated by the chairperson of the general meeting of beneficiaries (or the chairperson of the board of representatives and two representatives nominated by the chairperson of the board of representatives where the board of representatives is organized under Article 43);

4. The head of the department in charge of land substitution in the land substitution agency having control over the relevant area;

5. The construction supervisor of the relevant project zone;

6. Other persons commissioned by the chairperson of the land substitution deliberation committee.

(3) The chairperson of the land substitution deliberation committee shall represent the land substitution deliberation committee and exercise general supervision over its affairs.

(4) The vice chairperson of the land substitution deliberation committee shall assist the chairperson and act on the chairperson’s behalf if the chairperson is unable to perform his or her duties in special circumstances.

(5) An executive secretary or clerk shall be assigned to the land substitution deliberation committee to conduct general affairs and the executive secretary or clerk shall be appointed by the chairperson of the land substitution deliberation committee.

Article 52(Qualification requirements for chief living environment improvement planners) #

(1) The head of a Si/Gun/Gu may appoint any of the following persons as a chief living environment improvement planner pursuant to Article 54(5) of the Act (hereinafter referred to as "chief living environment improvement planner"): <Amended on Dec. 30, 2016; Apr. 15, 2025>

1. A professor in a department related to rural planning or rural area development in a school prescribed in Article 2 of the Higher Education Act;

2. Any of the following persons, engaging in the field of rural planning or rural area development:

a. A person with at least three years of research or working experience after earning a doctorate degree;

b. A person with at least five years of research or working experience after earning a master's degree;

c. A professional engineer or certified architect;

d. Any other person recognized by the head of a Si/Gun/Gu as having professional knowledge and working experience equivalent to those of the persons referred to in items a through c.

(2) Chief living environment improvement planners may perform the following duties regarding the formulation of a living environment improvement plan or a rural village improvement plan:

1. Exercising overall control over, and coordinate all processes of formulating the plan and examining and adjusting major contents of such plan;

2. Collecting and requesting materials necessary to formulate the plan;

3. Seeking advice from experts or public officials in the related fields;

4. Hearing opinions of local residents;

5. Examining and presenting opinions about matters requested by the head of a Si/Gun/Gu regarding the formulation of the plan.

(3) The head of a Si/Gun/Gu may manage a chief living environment improvement planner he or she appoints until a living environment improvement plan is approved pursuant to Article 54(1) of the Act or a village improvement zone is designated pursuant to Article 101(4) of the Act.

(4) Remuneration for chief living environment improvement planners and other necessary matters shall be prescribed by municipal ordinance of a Si/Gun/Gu.

Article 54(Method and procedures for establishing village development cooperatives) #

(1) A person who intends to obtain authorization to establish or dissolve a village development cooperative or to modify terms of authorization pursuant to Article 57(1) of the Act shall submit an application for authorization in the Form prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to the head of the competent Si/Gun/Gu, along with the following documents: <Amended on Mar. 23, 2013>

1. For obtaining authorization for establishment:

a. Minutes of the inaugural general meeting;

b. A written consent from the head of the village development cooperative to election as such;

c. Rules of the village development cooperative on which all members of the village development cooperative (hereinafter referred to as "cooperative members") have placed their signature;

d. A project plan;

e. Written consents from at least at least 2/3 of the total number of the owners of the land and buildings in the village improvement zone and surface right holders to such land and buildings;

2. For obtaining authorization for modify terms of authorization: Documents providing the details of modification;

3. For obtaining authorization for dissolution: Written consents from at least 2/3 of the total number of cooperative members.

(2) Rules of a village development cooperative referred to in paragraph (1)1c shall include the following:

1. The title and location of the village development cooperative;

2. Qualification requirements for cooperative members;

3. Expulsion, withdrawal and replacement of cooperative members;

4. Number of executives, scope of their work (including rights and obligations), and methods for electing, replacing and dismissing them;

5. Time and procedures for apportioning expenses to cooperative members and accounting of the cooperative;

6. Procedures and time for calling general meetings, and cooperative members’ requests for general meetings;

7. Important matters requiring unanimous consent of all cooperative members, and methods and procedures for obtaining consent thereto;

8. Liquidation procedures and methods upon termination of the project;

9. Detailed statements on the use of membership fees, disclosure of matters adopted by resolution of a general meeting and methods for giving notice the same to cooperative members;

10. Procedures for amending the rules of the village development cooperative;

11. Other matters necessary for promoting and operating the project of the village development cooperative.

(3) Members of a village development cooperative shall be comprised of at least 2/3 of the total number of housing units to be constructed as specified in the project plan as at the time the establishment of which is authorized, and shall be at least five persons. <Amended on Dec. 9, 2014>

(4) A promotion committee to establish a village improvement cooperative organized under Article 57(2) of the Act (hereinafter referred to as "promotion committee") shall perform the following functions:

1. Preparing for obtaining authorization to establish a village development cooperative;

2. Formulating operational regulations of the promotion committee;

3. Obtaining written consents from the owners of land and buildings and surface right holders;

4. Preparing for an inaugural general meeting for establishing a village development cooperative;

5. Drafting rules of a village development cooperative;

6. Other matters prescribed by operational regulations of the promotion committee.

Article 59-2(Procedures for formulation of unoccupied house improvement plan) #

(1) "Matters prescribed by Presidential Decree" in Article 64(1)7 of the Act means the following: <Amended on Jul. 2, 2024>

1. Measures to provide information and support for promoting the improvement of unoccupied houses;

2. An order to take measures such as demolition, remodeling, repair, etc. of an unoccupied house and a plan to demolish the unoccupied house ex officio, under Article 65-5 of the Act;

3. Other matters deemed necessary by the head of a Si/Gun/Gu to improve and utilize the unoccupied houses.

(2) When the head of a Si/Gun/Gu intends to formulate a plan for improving unoccupied houses pursuant to Article 64(1) of the Act (hereinafter referred to as "unoccupied house improvement plan"), he or she shall publicly announce the details thereof and places for public inspection in the official report and website of the relevant Si/Gun/Gu in advance, and place related documents in the place for public inspection for at least 14 days for inspection by relevant residents.

(3) The residents of the relevant area may submit a written opinion (including a written opinion made of electronic document) to the head of a Si/Gun/Gu within the period for public inspection referred to in paragraph (2).

(4) The head of a Si/Gun/Gu shall review the opinions submitted pursuant to paragraph (3) and reflect them in an unoccupied house improvement plan if deemed reasonable, and if they are not reflected, shall notify the person who submitted opinions of the grounds therefor within 30 days from the date of receipt of the opinions.

(5) "Insignificant matters prescribed by Presidential Decree" in the proviso of Article 64(2) of the Act means any of the following cases:

1. Where the amount of fund raised under a funding plan referred to in Article 64(1)4 of the Act is modified within the scope of 10/100 of the total amount;

2. Where an obvious error such as miscalculation, clerical error, omission, or equivalent thereto is corrected.

[This Article Added on Aug. 11, 2020]

Article 59-3(Details of fact-finding survey of unoccupied houses) #

"Other matters prescribed by Presidential Decree, such as reasons why houses become unoccupied" in Article 64-2(1)5 of the Act means each of the following matters:

1. Reasons why houses become unoccupied;

2. Conditions of physical safety of unoccupied houses and their site;

3. Current status of roads and buildings adjacent to unoccupied houses and their site;

4. Current status of design drawings of unoccupied houses;

5. Opinions of the owner, occupant, or manager on the managing and improving methods of unoccupied houses;

6. Other matters deemed necessary by the head of a Si/Gun/Gu to formulate and implement the unoccupied house improvement plan and to manage and improve unoccupied house.

[This Article Added on Aug. 11, 2020]

Article 59-4 Methods and Procedure for Fact-Finding Surveys on Unoccupied Houses) (1) Where the head of a Si/Gun/Gu intends to conduct a fact-finding survey on unoccupied houses under Article 64-2(1) of the Act (hereafter referred to as "fact-finding survey on unoccupied houses"), he or she shall formulate a survey plan including each of the following matters until 30 days before conducting a survey:

1. The purpose and legal basis of a fact-finding survey on unoccupied houses;

2. Period and subject matters of a fact-finding survey on unoccupied houses;

3. Details of a fact-finding survey on unoccupied houses;

4. A specialized agency to vicariously conduct a fact-finding survey on unoccupied houses (limited to where a specialized institution designated under Article 64-2(2) of the Act conducts the survey by proxy);

5. Other matters that the head of a Si/Gun/Gu deems necessary for conducting a fact-finding survey on unoccupied houses.

(2) When a survey plan is formulated under paragraph (1), the head of a Si/Gun/Gu shall post details thereof in the official report and website of the relevant Si/Gu/Gu for at least 14 days.

(3) If necessary for conducting a fact-finding survey on unoccupied houses, the head of a Si/Gun/Gu (including the head of a specialized institution designated under Article 64-2(2) of the Act) may utilize information on unoccupied houses processed through the unoccupied house information system referred to in Article 64-6 of the Act.

[This Article Added on Aug. 11, 2020]

Article 59-6(Establishment and operation of unoccupied house information system) #

(1) Data or information that the head of a Si/Gun/Gu may request to provide pursuant to the former part of Article 64-6(3) of the Act shall be as follows: <Amended on Oct. 27, 2020>

1. Building register referred to in Article 38 of the Building Act;

2. Land cadastre and forest land cadastre under Article 71 of the Act on the Establishment and Management of Spatial Data.

3. Information and statistics on the volume of greenhouse gas emissions and energy use of buildings under Article 10(1) of the Green Buildings Construction Support Act;

4. Research data including the real estate market trends, information on real estate values, such as the rate of return, and relevant statistics, referred to in Article 15(1) of the Act on the Public Announcement of Real Estate Values;

5. Electronic data of resident registration referred to in Article 30 of the Resident Registration Act;

6. The actual transaction price referred to in subparagraph 1e of Appendix 1 of the Enforcement Decree of the Act on Report on Real Estate Transactions;

7. Data on payment of local tax, water and electric bills.

(2) "Specialized institution prescribed by Presidential Decree" referred to in Article 64-6(4) of the Act means the following institutions: <Amended on Dec. 8, 2020>

1. The Korea Rural Community Corporation;

2. The Korea Land Information Corporation;

3. The Korea Real Estate Board;

4. The Korea Fisheries Infrastructure Public Agency;

5. A local government-invested public corporation designated and publicly notified by the head of a Si/Gun/Gu, which has human resources, technology, and facilities necessary for establishing and operating an unoccupied house information system.

(3) Where an institution referred to in each subparagraph of paragraph (2) establishes and operates an unoccupied house information system under 64-6 (4) of the Act, the head of a Si/Gun/Gu may support expenses necessary for performing the affairs within budgetary limits.

[This Article Added on Aug. 11, 2020]

Article 63(Supply of rural houses) #

(1) Upon obtaining approval of the implementation plan for a living environment improvement project pursuant to Article 59 of the Act, the implementer of the living environment improvement project may sell or lease land created under Article 68(1) of the Act (hereinafter referred to as "created land"), rural houses and other facilities; provided, where a village improvement plan formulated under Article 101 of the Act separately specifies the time for sale or lease, the sale or lease may be conducted pursuant to such plan.

(2) To sell or lease created land, rural houses and other facilities pursuant to paragraph (1), the implementer of a living environment improvement project shall formulate a sale and lease plan, including the following, and shall publicly notify the plan:

1. Details of facilities, etc. to be sold or leased;

2. Requirements for qualified purchasers or lessees;

3. Time and methods for, and conditions of, sale or lease;

4. Sale or lease price;

5. Procedures for applying for sale or lease;

6. The name and address of the implementer of the living environment improvement project implementer;

7. A post-management plan (only applicable to lease).

(3) The implementer of a living environment improvement project may sell any created land or rural house preferentially to any of the following persons:

1. A person who transferred the entire parcel of land, etc. owned by him or her in a development zone to the implementer of the living environment improvement project through negotiations under the Act on Acquisition of and Compensation for Land for Public Works Projects;

2. A person eligible for relocation measures by losing his or her livelihood due to the implementation of the living environment improvement project.

(4) In leasing rural houses and other facilities, the implementer of a living environment improvement project may give priority to the head of a non-homeowner household residing in the Eup/Myeon/Dong where the relevant project is implemented for at least one year as at the date a public announcement to recruit tenants.

(5) Rental deposits and rents for rural houses, management of rental houses and other relevant matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 67(Procedures for formulating master plans for fostering rural industries) #

(1) To formulate a master plan and an implementation plan for fostering rural industries pursuant to Articles 73 and 74 of the Act, the head of a Si/Gun/Gu may seek advice from farmers, fishermen, local residents, local companies, universities, colleges, research institutes, relevant experts, etc.

(2) The head of a Si/Gun/Gu shall finalize a master plan for fostering rural industries, following deliberation by the relevant Si/Gun/Gu deliberation council on policies for agriculture, rural communities and the food industry established under Article 15 of the Framework Act on Agriculture, Rural Community and Food Industry or the relevant Si/Gun/Gu fisheries/fishing village policy review committee established under Article 8 of the Framework Act on Fisheries and Fishing Villages Development, pursuant to Article 73 of the Act. <Amended on Mar. 23, 2013; Dec. 22, 2015>

(3) The head of a Si/Gun/Gu who intends to amend a master plan for fostering rural industries finalized under paragraph (2) shall amend it, following deliberation by the relevant Si/Gun/Gu deliberation council on policies for agriculture, rural communities and the food industry established under Article 15 of the Framework Act on Agriculture, Rural Community and Food Industry or the relevant Si/Gun/Gu fisheries/fishing village policy review committee established under Article 8 of the Framework Act on Fisheries and Fishing Villages Development; and shall submit the amended master plan to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries through the competent Mayor/Do Governor. <Amended on Mar. 23, 2013; Dec. 22, 2015>

(4) Where the head of a Si/Gun/Gu amends an implementation plan for fostering rural industries referred to in Article 74 of the Act, he or she shall submit it to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries through the competent Mayor/Do Governor. <Amended on Mar. 23, 2013>

Article 68(Requirements for designation as assistance organizations to foster rural industries) #

(1) An institution or organization that can be designated as an assistance organization to foster rural industries pursuant to Article 75(1) of the Act shall meet all of the following requirements: <Amended on Jan. 5, 2021>

1. It shall have expert human resources capable of assisting in such duties as conducting surveys, research and assessments of policies for fostering rural industries and relevant plans and providing consulting;

2. It shall have a department exclusively in charge of duties to assist in fostering rural industries;

3. Deleted. <Jan. 5, 2021>

(2) An institution or organization that intends to be designated as an assistance organization to foster rural industries pursuant to Article 75(1) of the Act shall submit an application for designation as an assistance organization to foster rural industries to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries, along with documents on each of the following matters: <Amended on Mar. 23, 2013; Jan. 5, 2021>

1. Current status of specialized personnel and a department dedicated to fostering rural industries;

2. Work performance records including survey and research, assessment, and consulting on the policies and related plans for fostering rural industries (limited to only where performance records exist).

(3) Upon receipt of an application for designation under paragraph (2), the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall examine whether the relevant applicant fully meets all the requirements prescribed in subparagraphs of paragraph (1) and shall designate the applicant as an assistance organization to foster rural industries. <Amended on Mar. 23, 2013>

(4) Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries determines a designation under paragraph (3), the Minister may take into account the work performance records including survey and research, assessment, and consulting on the policies and related plans for fostering rural industries. <Added on Jan. 5, 2021>

(5) The assistance organization to foster rural industries shall perform each of the following duties: <Amended on Jan. 5, 2021>

1. Survey and research on policies for fostering rural industries;

2. Assistance including review and consulting on the master plan and action plans for fostering rural industries formulated by the head of a Si/Gun/Gu pursuant to Articles 73 and 74 of the Act;

3. Assistance including survey, research, advice, and consulting to facilitate implementation of action plans for fostering rural industries formulated under Article 74 of the Act;

4. Assistance in assessment under Article 76 of the Act;

5. Education and public relations concerning fostering rural industries;

6. Other projects and incidental projects entrusted by the State, local governments or other persons in connection with fostering rural industries.

Article 86(Delegation and entrustment of authority) #

(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall delegate the following authority to Mayors/Do Governors pursuant to Article 109(1) of the Act; provided, the foregoing shall not apply to any project benefitting at least 30 million square meters as a project consisting of at least two projects among those for rural water development, adjustment of arable land, improvement of drainage, reclamation, filling, and improvement of living environments in rural communities: <Amended on Mar. 23, 2013; Aug. 14, 2018>

1. Deleted. <Mar. 19, 2024>

2. Deleted. <Mar. 19, 2024>

3. Approving and publicly notifying implementation plans for agricultural infrastructure improvement projects and approving and publicly notifying the amendments thereto under Article 9(7) through (9) of the Act (excluding matters prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs);

4. Approving the management and disposal of property prescribed in Article 14(2) of the Act; provided, the property created from a project in which the Farmland Management Fund is invested shall be excluded herefrom;

5. Conceding State-owned or public land without compensation prescribed in Article 112(1) of the Act.

(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall entrust the following duties to the Korea Rural Community Corporation pursuant to Article 109(1) of the Act: <Amended on Mar. 23, 2013>

1. Surveying resources prescribed in Article 3 of the Act;

2. Technical and economic feasibility study for formulating a comprehensive plan for improving rural communities prescribed in Article 4 of the Act;

2-2. Establishment and operation of the agricultural infrastructure information system under Article 18-3(1) of the Act, request for data and information under paragraph (2) of the same Article, and confirmation and inspection under Article 26-2(2);

3. Formulation and implementation of education and training plans for safety control prescribed in Article 19 of the Act.

(3) The Minister of Agriculture, Food and Rural Affairs may entrust the Korea Rural Community Corporation with the basic surveys for agricultural infrastructure improvement projects referred to in Article 8 of the Act (only applicable to projects benefitting at least 500 thousand square meters) and with the technical and economic feasibility study for formulating the master plans for such projects pursuant to Article 109(1) of the Act. <Amended on Mar. 23, 2013>

(4) The Korea Rural Community Corporation may conduct the surveys and study entrusted under paragraph (3) by outsourcing them to an engineering business operator who has filed a report pursuant to Article 21 of the Engineering Industry Promotion Act or a person specialized in the surveys for rural improvement projects, as prescribed by the Minister of Agriculture, Food and Rural Affairs. <Amended on Jan. 17, 2011; Mar. 23, 2013>

(5) The Minister of Agriculture, Food and Rural Affairs shall entrust the Korea Human Resources Development Service of Korea incorporated under the Human Resources Development Service of Korea Act with the execution of the Qualifying Examination for Rural Surveyors referred to in Article 28 of the Act pursuant to Article 109(1) of the Act. <Amended on Mar. 23, 2013>

Article 87(Activities requiring permission) #

(1) Activities requiring permission from the head of a Si/Gun/Gu under Article 111(1) of the Act are as follows: <Amended on Jul. 2, 2019; Aug. 11, 2020>

1. Constructing, etc. a building: Constructing, substantial repairing or altering the use of a building (including temporary structures) defined in Article 2(1)2 of the Building Act;

2. Installing artificial structure: Installing an artificially manufactured facility (excluding buildings defined in Article 2(1)2 of the Building Act);

3. Changing land shape or quality: Changing land shape by cutting (cutting land), backfilling (piling soil), leveling (leveling ground), paving (laying an area of ground with pieces of stone and sand and covering with cement or asphalt to form a firm level surface), etc., or excavating land or filling public water;

4. Extracting earth and rocks: Extracting earth and rocks, including soil, sand, gravel and rocks; provided, activities conducted to change land shape and quality shall be subject to subparagraph 3;

5. Sub-dividing land;

6. Piling goods: Piling goods difficult to move, for at least one month;

7. Felling and planting bamboo.

(2) The head of a Si/Gun/Gu who intends to grant permission for any activity prescribed in subparagraphs of paragraph (1) pursuant to Article 111(1) of the Act shall seek an opinion from the implementer of an agricultural infrastructure improvement project.

(3) "Activities prescribed by Presidential Decree" in Article 111(2)2 of the Act means the following: <Amended on Mar. 23, 2013; Aug. 11, 2020>

1. Installing makeshift artificial structure prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to be directly used for producing agricultural and fisheries products;

2. Changing land shape or quality for cultivation;

3. Where an area for which the implementation plan for an agricultural infrastructure improvement project under Article 9 of the Act is approved, a rural tourism and resort complex under Article 82 of the Act, a marginal farmland improvement zone under Article 94 or 95 of the Act, or a village improvement zone under Article 101 of the Act is designated, extracting earth and rocks to the extent neither hindering development nor damaging the natural landscape of the relevant area, district, complex or zone (hereinafter referred to as "area, complex or zone");

4. Piling goods on a site determined to be left as it is in an area, complex or zone;

5. Temporarily planting ornamental bamboo (excluding temporarily planting it in arable land).

(4) A person required to file a report pursuant to Article 111(3) of the Act shall do so, along with a report on progress and the implementation plan for the relevant work or project, with the head of the competent Si/Gun/Gu within 30 days from the date the area, complex or zone is designated and publicly notified.

Article 94(Collection of unauthorized occupancy and use penalties) #

(1) An unauthorized occupancy and use penalty to be collected under Article 127 of the Act shall be calculated by multiplying 120/100 of the usage fee calculated pursuant to Article 32(1) and the period of unauthorized occupancy or use of the relevant agricultural infrastructure. In such cases, if the period of occupancy or use spans fiscal years, it means an aggregate of unauthorized occupancy and use penalties calculated for each fiscal year. <Amended on May 8, 2017>

(2) An agricultural infrastructure manager who intends to collect an unauthorized occupancy and use penalty shall send a prior notice of the unauthorized occupancy and use penalty to the person who has occupied or used agricultural infrastructure without permission for use (hereinafter referred to as "unauthorized occupant or user"), as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. In such cases, the unauthorized occupant or user who has an objection to the details of the notice, may submit a written opinion, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; May 8, 2017>

(3) To collect an unauthorized occupancy and use penalty, the agricultural infrastructure manager shall give a notice stating the amount payable, due date, method of payment and basis of calculation to an unauthorized occupant or user. In such cases, the due date shall be within 60 days from the date of the notice.

(4) If an unauthorized occupant or user fails to pay an unauthorized occupancy and use penalty notified under paragraph (3), the agricultural infrastructure manager shall give the unauthorized occupant or user a reminder notice stating the unauthorized occupancy and use penalty plus late payment interest and the due date which shall be within 15 days from the date of the reminder notice.

(5) If an unauthorized occupancy and use penalty is not paid by the due date specified under paragraph (4), a reminder notice shall be issued again up to two times; provided, the last-notified due date shall be within three months from the date of the reminder notice given under paragraph (4).

(6) Late payment interest collected under paragraph (4) shall be calculated by multiplying the following interest rate by an unauthorized occupancy and use penalty payable:

1. Where payment is made within one month from the due date: 12 percent per annum;

2. Where payment is made within one to three months from the due date: 13 percent per annum;

3. Where payment is made within three to six months from the due date: 14 percent per annum;

4. Where payment is delayed for at least six months: 15 percent per annum.

(7) Where an unauthorized occupancy and use penalty notified under paragraph (4) is paid by the due date, no late payment interest shall be collected for the period beginning on the following day of the due date specified under paragraph (3) and ending on the date of payment.

Article 96-2(Management of personally identifiable information) #

(1) The Minister of Agriculture, Food and Rural Affairs (including persons to whom the authority of the Minister of Agriculture, Food and Rural Affairs is entrusted under Article 86(5)) may manage data which contains resident registration numbers, passport numbers or alien registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act (hereafter referred to as "resident registration numbers, etc." in this Article), if it is essential to perform the following: <Amended on Mar. 23, 2013; Mar. 27, 2017>

1. Affairs related to the Qualifying Examination for Rural Surveyors prescribed in Article 28 of the Act;

2. Affairs related to registering land substitution agencies prescribed in Article 31 of the Act;

3. Affairs related to revoking, etc. registration of land substitution agencies prescribed in Article 32 of the Act;

4. Affairs related to issuing and re-issuing rural surveyor licenses prescribed in Article 39.

(2) The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, a Mayor/Do Governor, the head of a Si/Gun/Gu (where the relevant authority is delegated or entrusted, including persons delegated or entrusted with such authority), the Korea Rural Community Corporation or a person who perform land substitution as agent for the implementer of an agricultural infrastructure improvement project pursuant to Article 27 of the Act may manage data which contains resident registration numbers, etc., if it is essential to perform the following: <Amended on Mar. 23, 2013; Mar. 27, 2017>

1. Affairs related to identifying persons holding rights to land, etc. or verifying whether they consent to implement a rural improvement project;

2. Affairs related to managing and disposing of filled land, etc. under Article 14 of the Act;

3. Affairs related to using agricultural infrastructure other than for its original purposes under Article 23 of the Act;

4. Affairs related to disposing of land substitution and paying and collecting cash settlements under Article 37 of the Act, and requesting registration under Article 42 of the Act;

5. Affairs related to designating temporary sites under Article 38 of the Act;

6. Affairs related to expropriating land, etc. under Article 110 of the Act;

6-2. Affairs related to supporting residents who suffer damage from the construction of reservoirs, etc. under Article 110-2 of the Act;

7. Affairs related to collecting unauthorized occupancy and use penalties under Article 127 of the Act.

(3) The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu (where the relevant authority is delegated or entrusted, including persons delegated or entrusted with such authority) may manage data which contains resident registration numbers, etc., if it is essential to perform the following: <Amended on Mar. 23, 2013; Mar. 27, 2017>

1. Affairs related to authorizing, permitting, approving, reporting or revoking rural improvement projects;

2. Affairs related to using the Rural House Rehabilitation Fund under Article 67(3) of the Act;

3. Affairs related to conceding, etc. State-owned and public land under Article 112 of the Act.

(4) A Mayor/Do Governor or the head of a Si/Gun/Gu (where the relevant authority is delegated or entrusted, including persons delegated or entrusted with such authority) may manage data which contains resident registration numbers, etc. under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is essential to perform the affairs related to designating or replacing living environment improvement project implementers under Article 56 of the Act. <Added on Aug. 6, 2014>

(5) The head of a Si/Gun/Gu (where the relevant authority is delegated or entrusted, including persons delegated or entrusted with such authority) may manage data which contains resident registration numbers, etc., if it is essential to perform the following: <Amended on Aug. 6, 2014; Aug. 11; 2020>

1. Affairs related to payment of compensations and entrustment of cancellation registration under Article 65-5(4) and (5) of the Act;

2. Affairs related to declarations by rural tourism and resort complex business operators and rural bed and breakfast business operators under Articles 85 and 86 of the Act;

3. Affairs related to verifying land, real rights and rights to be expropriated or used under Article 101(3)18 of the Act;

4. Affairs related to collecting charges for maintaining and managing agricultural infrastructure under Article 126 of the Act.

(6) The head of a Si/Gun/Gu (where the relevant authority is delegated or entrusted, including persons delegated or entrusted with such authority) or the Korea Rural Community Corporation may manage data which contains resident registration numbers, etc., if it is essential to perform the following: <Amended on Aug. 6, 2014>

1. Affairs related to identifying persons holding rights to land, etc., following the exchange, division and consolidation of farmland under Article 43 of the Act or verifying whether they consent thereto;

2. Affairs related to paying or collecting cash settlements and requesting registration under Article 47 of the Act;

3. Affairs related to selling or leasing rural houses, etc. under Article 68 of the Act and restricting, etc. resale under Article 70 of the Act;

4. Affairs related to selling or leasing land and facilities under Articles 84 and 98 of the Act;

5. Affairs related to selling or purchasing, etc. marginal farmland under Article 100 of the Act.

(7) The Korea Rural Community Corporation may manage data which contains resident registration numbers, etc., if it is essential to perform the affairs related to succeeding to the rights and obligations concerning agricultural infrastructure under Article 16(3) of the Act and registering land under paragraph (4) of the same Article. <Amended on Aug. 6, 2014>

(8) A person referred to in each subparagraph of Article 120(1) of the Act may manage data which contains resident registration numbers, etc., if it is essential to perform the affairs related to land surveys inspections of documents, etc. <Amended on Aug. 6, 2014>

[This Article Added on Jan. 6, 2012]

ENFORCEMENT DECREE OF THE AGRICULTURAL AND FISHING VILLAGES IMPROVEMENT ACT

Article 1(Purpose) #

Article 2(Criteria for marginal farmland) #

Article 3(Items of resource surveys) #

Article 4(Formulation of rural landscape management plan) #

Article 5(Proposal of rural landscape management plan) #

Article 6(Formulation of agricultural infrastructure improvement plan) #

Article 7(Survey of prearranged area) #

Article 8(Formulation of master plan for agricultural infrastructure improvement projects) #

Article 9(Formulation of implementation plan for agricultural infrastructure improvement projects) #

Article 10(Where no public notice is required for amending implementation plan for agricultural infrastructure improvement projects) #

Article 11(Other persons holding rights in land) #

Article 12(Plans to manage and dispose of filled land) #

Article 13(Persons entitled to rent farmland in filled land, etc.) #

Article 14(Procedures and methods for leasing filled land, etc.) #

Article 15(Persons entitled to sell farmland in filled land) #

Article 16(Procedures for selling filled land, etc.) #

Article 17(Methods for selling filled land, etc.) #

Article 18(Estimated sale price of filled land, etc.) #

Article 19(Special cases concerning lease or sale of farmland in filled land, etc.) #

Article 20(Direct use of filled land, etc.) #

Article 21(Temporary use of filled land, etc.) #

Article 22(Management and use of sale price) #

Article 22-2(Temporary use of land being developed as reclaimed land) #

Article 23(Formulation of plan for rationalizing rural water use) #

Article 24(Rural water zones) #

Article 25(Registration of agricultural production infrastructure) #

Article 26(Safety management of agricultural infrastructure) #

Article 26-2(Scope of agricultural infrastructure information system) #

Article 27(Formulation of contingency plan) #

Article 28(Measures for improving quality of rural water) #

Article 29(Areas subject to restriction on construction of factories) #

Article 30(Exemptions from restriction on construction of factories) #

Article 30-2(Requirements for establishment of factories in areas excepted from restrictions on establishment of factories) #

Article 31(Permission for use of agricultural infrastructure or water) #

Article 31-2(Hearing Opinions of Residents Related to Permission to Use Agricultural Infrastructure or Water) #

Article 32(Collection of usage fees upon grant of permission for use of agricultural infrastructure or water) #

Article 32-2(Decision on abolition of agricultural production infrastructure) #

Article 32-3(Hearing opinions of residents related to abolition of agricultural production infrastructure) #

Article 33(Substitute lot for unregistered land) #

Article 34(Calculation of area of substitute lot) #

Article 35(Verification of actually cultivated land) #

Article 36(Processing of objections) #

Article 37(Qualifying examination for rural surveyors) #

Article 38(Enforcement date) #

Article 39(Issuance of licenses) #

Article 40(Substitute lots designated for specific purposes) #

Article 41(Administrative fines) #

Article 42(Administrative fines) #

Article 43(Composition of general meeting of beneficiaries and board of representatives) #

Article 44(Operation of general meeting of beneficiaries or board of representatives) #

Article 45(Composition of land substitution deliberation committee) #

Article 46(Operation of land substitution deliberation committee) #

Article 47(Change in boundaries of Dongs or Ris) #

Article 48(Method of determining exchange, division, and consolidation) #

Article 49(Exercise of claim for reimbursement against landowners) #

Article 50(Public notice of living environments improvement plan) #

Article 51(Amending insignificant matters of living environment improvement plan) #

Article 52(Qualification requirements for chief living environment improvement planners) #

Article 53(Contents of living environment improvement plan) #

Article 54(Method and procedures for establishing village development cooperatives) #

Article 55(Qualification requirements for cooperative members) #

Article 56(Additional recruitment, supplement of cooperative members) #

Article 57(Matters subject to approval from Mayor/Do Governor out of implementation plan for living environment improvement project) #

Article 58(Public notice of master plan and implementation plan for living environment improvement project) #

Article 59(Contents of implementation plan for living environment improvement project) #

Article 59-2(Procedures for formulation of unoccupied house improvement plan) #

Article 59-3(Details of fact-finding survey of unoccupied houses) #

Article 59-5(Acting agency for fact-finding surveys on unoccupied houses) #

Article 59-6(Establishment and operation of unoccupied house information system) #

Article 59-7(Provision of information on unoccupied house priority improvement zones) #

Article 59-8(Detailed standards for designation of unoccupied house priority improvement zones) #

Article 59-9(Special cases concerning unoccupied house improvement projects in unoccupied house priority improvement zones) #

Article 60(On-site inspection of specific unoccupied houses) #

Article 61(Determination and notification of demolition of specific unoccupied houses) #

Article 61-2(Monetary compensation for demolition) #

Article 61-3(Purchase of unoccupied houses) #

Article 62(Creation of rural house rehabilitation fund) #

Article 63(Supply of rural houses) #

Article 64(Determination of selling price) #