Article 1(Purpose) #
The purpose of this Decree is to prescribe matters necessary for the enforcement of the Grassland Act (hereinafter referred to as the "Act"). <Amended on Mar. 22, 2007; Jun. 9, 2020>
Article 2 #
Deleted. <Apr. 11, 1998>
Article 3 #
Deleted. <Apr. 11, 1998>
Article 4 #
Deleted. <Apr. 11, 1998>
Article 5 #
Deleted. <Apr. 11, 1998>
Article 6 #
Deleted. <Apr. 11, 1998>
Article 7(Application for Permission to Create Grassland) #
A person who intends to obtain permission to create grassland pursuant to Article 5 (1) of the Act shall submit an application for permission to create grassland to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/autonomous Gu (hereinafter referred to as the "head of a Si/Gun/Gu"), along with relevant documents, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
[This Article Wholly Amended on Jul. 20, 2015]
Article 8 #
Deleted. <May 20, 1982>
Article 9(Compensation for Loss) #
(1) A person who intends to receive compensation for loss under Article 5-2 (5) of the Act shall submit a written claim prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the head of a Si/Gun/Gu. <Amended on Jul. 20, 2015>
(2) Upon receipt of a claim for compensation for loss under paragraph (1), the head of a Si/Gun/Gu shall consult with the person who has filed a claim for compensation for loss concerning the amount of compensation for loss and the timing for payment of the compensation. <Amended on May 20, 1982; Apr. 11, 1998; Jul. 20, 2015>
(3) A person who has filed a claim for compensation for loss (excluding a person who has filed a claim for compensation for loss with the Special Self-Governing City Mayor or the Special Self-Governing Province Governor) may file an application for mediation with the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor (hereinafter referred to as the "Mayor/Do Governor"), as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, if no agreement is reached within 3 months from the date of filing a claim for compensation for loss under paragraph (1). <Newly Inserted on May 20, 1982; Jul. 1, 1987; Jan. 30, 1992; Aug. 8, 1996; Apr. 11, 1998; Feb. 29, 2008; Mar. 23, 2013; Jul. 20, 2015>
(4) Upon receipt of an application under paragraph (3), the Mayor/Do Governor shall determine the amount of compensation for loss and the timing for payment thereof after consultation with the relevant agency and the applicant within 2 months from the date of receipt of the application, and shall notify the relevant agency and the applicant of the details thereof in writing without delay. <Amended on Jul. 1, 1987; Aug. 8, 1996; Apr. 11, 1998; Jul. 20, 2015>
Article 9-2 #
Deleted. <Jun. 30, 1999>
Article 10 #
Deleted. <Apr. 11, 1998>
Article 11 #
Deleted. <Jun. 30, 1999>
Article 12(Standards for Calculation of Investment Expenses) #
Where the property management authority of State-owned land or public land terminates the lease contract pursuant to Article 17 (3) of the Act, the expenses incurred in creating grassland to be paid to a person who creates grassland shall be as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and the expenses invested in incidental facilities, such as livestock pens, shall be the amount appraised by an appraisal corporation, etc. under the Act on Appraisal and Certified Appraisers (hereinafter referred to as "appraisal corporation, etc."); provided, where 5 years have not elapsed from the date on which the creation of grassland was completed, the amount equivalent to the subsidy for grassland created with subsidies from the State or a local government shall be deducted. <Amended on May 20, 1982; Jul. 1, 1987; Jan. 30, 1992; Aug. 8, 1996; Apr. 11, 1998; Jun. 30, 1999; Mar. 22, 2007; Feb. 29, 2008; Mar. 23, 2013; Jul. 20, 2015; Aug. 31, 2016; Jan. 21, 2022>
Article 13(Payment of Investment Expenses) #
(1) Where a property management authority intends to terminate a lease contract for State-owned land or public land, it shall notify the head of a Si/Gun/Gu and interested persons thereof 6 months before the date of termination of the lease contract, and the expenses incurred in creating grassland under Article 12 and the amount appraised by an appraisal corporation, etc. shall be paid by no later than 2 months before the date of termination of the lease contract. <Amended on Jan. 30, 1992; Apr. 11, 1998; Jun. 30, 1999; Jul. 20, 2015; Jan. 21, 2022>
(2) A person who has received the payment of costs incurred in creating grassland and the amount appraised by an appraisal corporation, etc. pursuant to paragraph (1) shall deliver the relevant grassland, facilities, etc. to the property management authority within 1 month from the date of termination of the lease contract. <Amended on Jan. 30, 1992; Jun. 30, 1999; Jul. 20, 2015; Jan. 21, 2022>
Article 13-2(Installation of Permanent Facilities in State-Owned or Public Land) #
(1) "Permanent facilities ...<omitted>... prescribed by Presidential Decree" in Article 17 (6) of the Act means the following facilities: <Amended on Aug. 8, 1996; Sep. 27, 2007; Feb. 29, 2008; May 2, 2011; Mar. 23, 2013; Jul. 20, 2015; Jul. 2, 2019>
1. Offices, managerial personnel, facilities for irrigation water sources, and water-supply and drainage facilities for grassland management and breeding and management of grazing animals;
2. Milking and milk collection facilities, fences, warehouses, silos (feed storage facilities), manure storage facilities, bridges, and livestock excreta purification facilities;
3. Other facilities prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs as directly necessary for creating, using and managing grassland.
(2) The Minister of Agriculture, Food and Rural Affairs may, if deemed necessary, determine the scale of permanent facilities under paragraph (1). <Amended on Aug. 8, 1996; Feb. 29, 2008; Mar. 23, 2013; Jul. 20, 2015>
[This Article Newly Inserted on Jan. 30, 1992]
[Title Amended on Jul. 20, 2015]
Article 14(Lease Fees for State-Owned Land) #
Lease fees for State-owned land under Article 18 of the Act shall be 1/100 of the price of undeveloped land at the time of lease (where the lease term is extended, the price of undeveloped land at the time of extension); provided, where the lease fees calculated pursuant to the main sentence increase by at least 20 percent compared with the previously paid lease fees if the lease term is extended, the rate of lease fees shall be the rate calculated by the formula in attached Table 1, notwithstanding the main sentence.
[This Article Wholly Amended on Jul. 20, 2015]
Article 15 #
Deleted. <Jan. 30, 1992>
Article 15-2(State Forests Excluded from Legal Fiction of Permission) #
"National forests prescribed by Presidential Decree" in Article 20 (1) 3 of the Act means state forests subject to conservation under Article 16 of the State Forest Administration and Management Act. <Amended on Aug. 4, 2006; Jul. 20, 2015; May 29, 2017>
[This Article Newly Inserted on Jan. 30, 1992]
Article 16(Permission for Conversion of Use of Grassland) #
(1) "Important matters prescribed by Presidential Decree" in the latter part of Article 23 (2) of the Act means the matters falling under each of the following subparagraphs: <Amended on Mar. 22, 2007; Jul. 20, 2015>
1. Area or boundary of grassland permitted for conversion the use thereof;
2. Location of grassland for which permission to convert the use of grassland has been granted (applicable only where the location of the grassland is changed within the same parcel);
3. The name of the person who has obtained permission for conversion the use thereof;
4. Scale of facilities to be Installed; provided, the same shall not apply to the following cases:
(a) Where the total floor area of the part to be changed does not exceed 100 square meters;
(b) Where the total floor area of the part to be changed does not exceed 1/10 of the total floor area of the building;
5. The facilities to be installed or the purpose of conversion the use thereof.
(2) A person who intends to obtain permission to convert the use of or alter grassland pursuant to Article 23 (2) of the Act or a person who intends to file a report on conversion of the use of grassland or a report on alteration thereof pursuant to Article 23 (3) of the Act shall submit an application for permission to convert the use of or alter grassland or a report on conversion of grassland (a report on alteration thereof) to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 22, 2007; Feb. 29, 2008; Mar. 23, 2013; Jul. 20, 2015>
(3) Deleted. <Apr. 11, 1998>
(4) Deleted. <Jan. 30, 1992>
(5) When the State or a local government intends to hold consultations with the head of a Si/Gun/Gu on the conversion of the use of grassland pursuant to Article 23 (4) of the Act, it shall make a request with documents prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on May 20, 1982; Jul. 1, 1987; Aug. 8, 1996; Apr. 11, 1998; Mar. 22, 2007; Feb. 29, 2008; Mar. 23, 2013; Jul. 20, 2015>
Article 16-2(Procedures for Payment of Costs Incurred in Creating Substitute Grassland) #
(1) When the head of a Si/Gun/Gu grants permission for, receives reports on , or holds consultation on conversion of the use of grassland (hereinafter referred to as "permission, etc.") to a person liable to pay costs incurred in creating substitute grassland pursuant to Article 23 (8) of the Act, he or she shall require the person liable thereto to pay all or part of the costs incurred in creating substitute grassland in advance or to pay the costs incurred in creating substitute grassland on condition of permission, etc. <Amended on Apr. 11, 1998; Jun. 30, 1999; Aug. 14, 2002; Mar. 22, 2007; Jul. 20, 2015; Jun. 9, 2020>
(2) When the head of a Si/Gun/Gu grants permission, etc. to convert the use of grassland under paragraph (1), he or she shall notify the representatives of the NongHyup Agribusiness Group (hereinafter referred to as "manager of the Fund") who manages the livestock development fund under Article 43 of the Livestock Industry Act in writing of such fact, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jul. 20, 2015; Jun. 27, 2017>
(3) Upon receipt of a notice from the head of a Si/Gun/Gu pursuant to paragraph (2), the manager of the Fund shall, without delay, give a payment notice to a person liable to pay the costs incurred in creating substitute grassland; provided, in cases of the State or a local government that converts the use of grassland to a site for facilities under the subparagraphs of Article 16-3 (2), the term of payment may be set up to 1 year from the date of issuance of the payment notice. <Amended on Jul. 20, 2015; Jun. 9, 2020>
(4) Where a person who has obtained permission, etc. to convert the use of grassland intends to report and pay the costs incurred in creating substitute grassland under paragraph (3) before a payment notice is given, the head of a Si/Gun/Gu may require him or her to report and pay such costs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jul. 20, 2015; Jun. 9, 2020>
(5) Where the manager of the Fund makes a payment notice pursuant to paragraph (3), he or she shall set the term of payment not less than 20 days but not more than 30 days from the date of issuance of the payment notice; provided, where a person liable to pay the costs incurred in creating substitute grassland falls under any of the following subparagraphs and applies for an extension of such term, the term of payment may be extended only once by within a term prescribed in the relevant subparagraph, respectively: <Amended on Dec. 19, 2023>
Article 16-3(Facilities Eligible for Reduction of or Exemption from Payment of Costs Incurred in Creating Substitute Grassland) #
(1) "Important industrial facility prescribed by Presidential Decree" in Article 23 (8) 1 of the Act means the following facilities: <Amended on Dec. 31, 1996; Apr. 11, 1998; Aug. 14, 2002; Mar. 22, 2007; Aug. 31, 2007; Nov. 16, 2011; Jul. 20, 2015; Feb. 27, 2018; Dec. 31, 2018; Dec. 19, 2023; Jul. 2, 2024>
1. Facilities for important arms industries (limited to cases where the head of a central administrative agency recommends reduction or exemption);
2. Facilities for key industries (limited to cases where the head of a central administrative agency recommends reduction or exemption);
3. Industrial complexes under subparagraph 8 of Article 2 of the Industrial Sites and Development Act (excluding industrial complexes located in the Seoul Metropolitan Area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act);
4. Facilities for clustering venture businesses designated pursuant to Article 18 (1) of the Special Act on the Promotion of Venture Businesses and technoparks under subparagraph 1 of Article 2 of the Act on Special Cases concerning Support for Technoparks;
5. A site for facilities to be installed in an enterprise city development zone pursuant to Article 12 of the Special Act on the Development of Enterprise Cities (excluding where it is developed as a housing site);
6. Logistics facilities under Article 2 (1) 4 of the Framework Act on Logistics Policies (limited to logistics facilities installed by a person certified as a general logistics company pursuant to Article 38 of the same Act);
7. Tourist destinations and tourism complexes under Article 2 of the Tourism Promotion Act;
8. A site for facilities to be installed in area predetermined for an innovation city after obtaining approval under Article 12 of the Special Act on the Construction and Development of Innovation Cities (excluding where it is developed as a housing site);
9. A site for facilities to be installed in a high-tech investment zone under subparagraph 8-4 of Article 2 of the Industrial Cluster Development and Factory Establishment Act (excluding where it is developed as a housing site); provided, this shall be limited to cases where an application for permission to convert the use of grassland is filed pursuant to Article 23 (2) of the Act or a report on diversion of grassland is filed pursuant to paragraph (3) of the same Article between January 1, 2024 and December 31, 2025;
Article 17(Installment Payment of Costs Incurred in Creating Substitute Grassland) #
(1) "Level prescribed by Presidential Decree" in Article 23 (12) of the Act means 10 million won.
(2) Where the head of a Si/Gun/Gu intends to allow the payment of costs incurred in creating substitute grassland in installments pursuant to Article 23 (12) of the Act, he or she shall allow the payment of an amount equivalent to 30/100 of the costs incurred in creating substitute grassland before granting permission, etc. and may allow the payment of the remaining amount in installments not exceeding 3 times during a period not exceeding 3 years.
(3) A person who intends to pay the costs incurred in creating substitute grassland in installments pursuant to Article 23 (12) of the Act shall submit an application for payment of costs incurred in creating substitute grassland in installments prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the head of a Si/Gun/Gu when applying for permission, etc.
(4) Upon receipt of an application for payment in installments under paragraph (3), the head of a Si/Gun/Gu shall examine the details of the application and determine on payment in installments, and notify the applicant (where the head of a Si/Gun/Gu determines on payment in installments, including the manager of the Fund) of the results thereof, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
[This Article Newly Inserted on Jun. 9, 2020]
Article 18(Deposit of Insurance Certificate of Payment Guarantee) #
(1) When the head of a Si/Gun/Gu intends to have a person deposit in advance the insurance certificate of payment guarantee, etc. for the costs incurred in creating substitute grassland to be paid in installments pursuant to the main sentence of Article 23 (13) of the Act, he or she shall have the person deposit a letter of guarantee, etc. (hereinafter referred to as “letter of guarantee, etc.") under the subparagraphs of Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, issued to the manager of the Fund as recipient, on the costs incurred in creating substitute grassland to be paid in installments, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. In such cases, the period of guarantee of a letter of guarantee, etc. shall be the period during which 30 days are added to each payment deadline for the costs incurred in creating substitute grassland to be paid in installments, and the amount of guarantee shall be at least 110/100 of the relevant costs incurred in creating substitute grassland.
(2) Where a person who has deposited a letter of guarantee, etc. pursuant to paragraph (1) fails to pay the costs incurred in creating substitute grassland to be paid in installments by the deadline for payment, the manager of the Fund shall request the institution that has issued the letter of guarantee, etc. to appropriate the substitute payment received for the costs incurred in creating substitute grassland, and notify the head of the competent Si/Gun/Gu and the person who has deposited the letter of guarantee, etc. of such fact, respectively.
(3) “Person prescribed by Presidential Decree” in the proviso of Article 23 (13) of the Act means public institutions under Article 4 of the Act on the Management of Public Institutions.
[This Article Newly Inserted on Jun. 9, 2020]
Article 19(Revocation of Permission for Conversion of Use of Grassland) #
(1) When the head of a Si/Gun/Gu revokes permission or issues an order to take measures, such as suspension of relevant construction works, pursuant to Article 23-2 (1) of the Act, he or she shall notify a person who has obtained permission for, or has filed a report on, the following matters in writing: <Amended on Jul. 20, 2015>
1. Indication of grassland;
2. Types of permission or reporting;
3. Date of permission or reporting and number of permission or reporting;
4. Date of revocation of permission;
5. Grounds for revocation of permission and details of orders to take measures.
(2) "Good cause prescribed by Presidential Decree" under Article 23-2 (1) 3 of the Act means any of the following: <Amended on Jul. 20, 2015>
1. Where a project for conversion of the use of grassland is delayed in order to obtain permission or authorization from an administrative agency following an alteration of a project plan related to the project for conversion of the use of grassland;
2. Where a project for conversion of the use of grassland is delayed due to financial conditions of the Government as a public project;
3. Where the project for conversion of the use of grassland is delayed due to delayed importation or manufacturing of equipment;
4. Where a project for conversion of the use of grassland is delayed due to natural disaster, fire, or any other accident.
[This Article Newly Inserted on Mar. 22, 2007]
[Moved from Article 16-4 <Jun. 9, 2020>]
Article 20(Approval of Conversion of Use) #
(1) "Period prescribed by Presidential Decree" in Article 23-3 (1) of the Act means 5 years.
(2) The period under paragraph (1) shall be counted from the date the intended project for conversion of the use of grassland is completed.
[This Article Newly Inserted on Jun. 9, 2020]
Article 21(Procedures for Payment of Costs Incurred in Creating Substitute Grassland Following Conversion of Use Thereof) #
(1) When the head of a Si/Gun/Gu approves conversion of the use of grassland pursuant to Article 23-3 (1) of the Act, he or she shall require the person to pay the costs incurred in creating substitute grassland calculated pursuant to paragraph (2) in advance or to pay the costs incurred in creating substitute grassland on conditions of approval.
(2) The costs incurred in creating substitute grassland to be paid by a person who intends to use land converted to a site for facilities for which the costs incurred in creating substitute grassland are reduced or exempted pursuant to Article 23-3 (2) of the Act as a site for facilities for which the costs incurred in creating substitute grassland are not reduced or exempted or to which a lower reduction or exemption rate is applied shall be the amount calculated by subtracting the costs incurred in creating substitute grassland already paid from the amount calculated by applying the relevant reduction or exemption rate at the time of approval for conversion of use of the relevant land converted for the use thereof.
(3) Article 16-2 (2) through (11) shall apply mutatis mutandis to the procedures for paying the costs incurred in creating substitute grassland under paragraphs (1) and (2). <Amended on Dec. 19, 2023>
[This Article Newly Inserted on Jun. 9, 2020]
Article 22(Grassland Which Lost Function As Grassland) #
“Cases prescribed by Presidential Decree where the grassland has lost its function as grassland” in Article 24-2 (1) 5 of the Act means any of the following cases: <Amended on Aug. 8, 1996; Jun. 30, 1999; Jul. 20, 2015>
1. Where the grassland is washed out or buried due to a natural disaster and it is impossible to restore it to the grassland;
2. Deleted; <Jun. 30, 1999>
3. Where grassland is returned to the state before the permission to create grassland is granted because it is impossible to maintain it as grassland.
[This Article Newly Inserted on Jan. 30, 1992]
[Moved from Article 16-5 <Jun. 9, 2020>]
Article 23(Handling of Personally Identifiable Information) #
If it is deemed inevitable for carrying out the administrative affairs related to the refund for the costs incurred in creating substitute grassland under Article 16-2 (7) and (8), the head of Si/Gun/Gu (including persons with authority delegated or entrusted, if his or her authority has been delegated or entrusted) and the manager of the Fund may handle materials containing a resident registration number or a passport number under Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Amended on Dec. 19, 2023>
[This Article Newly Inserted on Mar. 27, 2017]
[Moved from Article 16-6 <Jun. 9, 2020>]